View the PDF version Google Docs PDF Viewer
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:
!/
I
I
I,
I,
I
Hackley Avenue
A
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.
(),/__
/) \~-•~'o,
BytLaL<2~L-
Its --'C"'h,,,a,,.r,._le,.s,,__,A"'.,__,B,,,a,,,ncek.,,s~,_P'--'r'"e"'s,,i..,d.,e,.n..t ~ _
By _ IJ _..L.A~,~1_1_··._-_ _ _ _ _ _ _ _ _ __
Its _ _ _ _ _ _ _ _ _ _ _ _ __
T.I.D. No. 54-1211771
G:\COMMON\5\GTJ\C-RLESnC-FERG.PA -4-
~
~.--------N-V-~-1H-J'--1-~----:-,N-0-~-3-)'--iS_n_~-.__1_3_.:J,~-~a-:-in,-rn ~
.·.·~-~~~-< il=-
NVld 311S \S\SII~ ~ ~~
\ ~
,.
i
•;,~ 'ij
$
~-
_,
~~
,;
ii ,/
·- ''
~
I
0
•'!l 'I
~ /
z
s
CL
."
/ w
f-
iii ·.
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.'<n24-6790 West Michigan's Shorellne Oty
Clerk
6t6nu-61os
FAxnU-6768
NOTICE AND ORDER
Cootm. & Neigh.
Services
616/724-6717
FAxn24-6790 March 28, 2000
Engineering
616/724-6707
FAxnH-6790
Sterling Bank
Finance
6I6n24-6713
One Towne Square, 1y!h Floor
FAX/724-6768 Southfield Ml 48076
Fire Dept.
6!6/724-6792 A&E Investments, LLC
FAX/724-6985
1050 Western
Income Tax Muskegon Ml 49440
6!6/724---6770
FAX/724-6768
Info. Systems
Dear Property Owner:
616/724-6975
FAX1724-6768
Subject: 179 Delaware Ave.
Leisure Service WLY ½ LOT 12 BLK 237
616/724-6704
FAX/72-1-6790
The City of Muskegon Building Official has recently inspected the subject
Manager's Office
616/724-6724 property and has found the buildings to be dangerous as defined under Section
FAX/724-6790 4-23 of the Muskegon City Code.
Mayor's Office
6!6/72-1-6701
FAX/72+.6790
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
structures within thirty (30) days.
Neigh. & Const.
Services
616/724-6715 If you elect to repair the structures, you must secure all required permits and
FAX/72-1-6790
physically commence the work within thirty (30) days from the date of this order.
Planning/Zoning
616/724-6702
FAxn24-6790 Should you have any questions concerning this matter, please do not hesitate to
Police Dept,
contact our Building Official, Jerry McIntyre at (231) 724-6715.
_si~JLLt,
616/724-6750
FA:<nll-5140
Public Works
616/724-4100
FAxnll-4188
ibert B. Grabinski
Treasurer
6t6f724-6720
Fire Marshal/Inspection Services
F AX/724-6768
Water Dept.
6!617?+.6718
FAX/724---6768
\\ ater Fihration
6!61724-4106
F.\\. i5.5-5290 City of Muskegon, 9JJ Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
.\ffirmati\'' Action
6I6n24-6703
FAXJi24-6790
Ass,ssor
616nH-6708
FA."<n24-6768
C,metery
6l6n24-678J
FA."<n22-4l88
Civil Service
6I6n24-6716
FA.'<nH-6790 West Michigan's Shoreline City
Clerk
6l6n24-670S
FAxnH-6768 DANGEROUS BUILIDING INSPECTION REPORT
Comm. & Neigh.
Services 179 DELAWARE
616n24-6717
FAX1724-6790 3/28/00
Engineering
6l6n24-6707
FAxn24-6790
Inspection Noted:
Finance
6l6n24-6713
FAxnU-6768 1. Foundation wall on home in need of repair. Cracking block, separating block.
2. Rotting roof fascia board.
Fire Dept.
616/724-6792 3. Rotting siding on home.
FAX/724---6985 4. Peeling paint on home.
Income Tax 5. Interior ceiling and wall repair needed.
616/724-6770
FAxn24-6768
6. Flooring in need of repair
7. Electrical repairs needed to code.
Info. Systems
616/724-6975
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
616nH-6704 BUILING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE.
FAX/724-6790
~tanager's Office
616/724-6724
FAX/724-6790
Mayor's Office
Hen~ Faltinowski, Building Inspector
616/724-6701
FAX/724-6790
Neigh. & Const.
Services
616/724-6715 CONCURRED IN: ,i-cJ 9- (j-t•
FAX/724-6790 uilding Official Date
// .··
Planning/Zoning (,/
616/724-6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
\'iater D,pt.
616/724-6718
FAX/724-6768
\\ ;iter Filtration
616/714-4106
F \\. .,~S-!i290 City of Muskegon, 933 Terrace Street. P.O. Box 536, Muskegon, Ml 49443-0536
, ~,--,.-~-\,;.
1 (J ,::, -:::·
POR D~LAWARE !79 PAGE
----··--------------------------------
FINAL NO
----------------· -------=-===========-~===-------=--===---=------=~=
TICE Viol .~1 :: ·L ciri
1
~OTE: Ef·fective June 15~ 1997 n • ce~tificatas of compliance
will be issued un·til all fees and ~2bts to the City for that
property have been paid in fullu
2
NOTE: Code requires owners to nati·fy City in w~iting within
10 days of t~·ansfering ownership~ Notice must include name,
add:·ess and phone number cf new owner.
3 :':-~ .8{)TH
S:ink and/or cabinet a~e not p:·operly secured.
c,. :'.'.': BP!TH
Sink i ,:-: . b1···okeri ..
cl B E<t': TH - Tl.JP
Has l • w hot water pres~ure~
t, P FXTEG:IDR
F-"cundE:1-'c. ion ~..:a11 ·;;:; ha\/8 mi S'.;i nq :1;di" 1. :::1:,·· ui,·· D~:l ::-:~•! er·· •.:tck 1-:·
EXTERIOR - FRONT
•
.:· •.:::. ~-- •:J) ·. t :.:?
\ T"t::F I Di?
~i. i ·/ r··: d C) ',·; r-·: El:::: b !''" '.:) k 8 ;-1 c;, Y-- • ;• .•- ,711:: ";;.·! d '.:~1 ::. 3 -:.~, ·.::
'· >. ; 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:<nl.J..6790
:"ieigh. & Const.
Ser,ices
6\6n24-671S CONCURRED IN: 1-cJ 9- (j-t•
F..t..X/724-•6790
/_✓ /,. uilding Official Date
Pl.annini:IZoning
6t6nl.J..6702
1/
fAxnU-6790
Police Dept.
6t6nl4-6750
fAxnll-51-t0
Public Works
6t6nl4-,UOO
FA."Xnll-4188
Treasurer
6t6nl'""6720
FAxn24--6761
Water Dept
616nu.. 611s
F.\X/'124-6763
\\ 11er fil1r1tio11
bl/.1, ... !-'-"l06
F \ \. ... ~~~!90 Cit~ or Muskegon. 933 Terrace Street. P.O. Bo, 536, Muskegon, Ml 49443-0536
For The Inspection Dept. 410419
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER A & E Investments, L.L.C.
PROPER.TY 179 Deleware Ave.
PLATE# 03622
DESCRIPTION Westerly 1/2 of Lot 12, Block 237
FROM RECORDS OF TR.ANSNATION TITLE COMPANY
LIBER: 2093
PAGE: 60
DATE OF DEED: February 11, 1997
GR.ANTOR: Mortgage Corporation of America, a Michigan Corporation
GR.ANTEE: Sterling Bank and Trust, as Trustee
LIENS OR MORTGAGES: Land Contract Liber 2023, Page 267
DATE:
ABSTRACTED BY:
TR.ANSNATION TITLE
The above information is to be used for reference purposes only and
not to be relied upon as evidence of title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
The Westerly 1/2 of Lot 12. Block 237. Revised Plat (of 1903) of the City of
Muskegon. as recorded in Liber 3 of Plats. Page 71. Muskegon County Records.
Permanent Property No. 61-24-205-237-0012-00
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the after said information has been received by the Treasurer in the form of an assessment roll.
This report also includes, but without any representation by as to the accuracy thereof, information
obtained from Village and Township Treasurers, and from Treasurers of Cities other than the , Inheritance or
Estate Taxes and Federal Tax Liens, if any, are not included in this report.
CITY OR VILLAGE TAXES
No 1999 City taxes.
STATE AND COUNTY TAXES
1999 County taxes are due in the amount of $420.59. plus penalties and
interest.
SPECIAL ASSESSMENTS
City of Muskegon invoice due. Call City for amount.
City of Muskegon infraction unavailable.
Water usage due in the amount of $15.00. plus penalties and interest.
Delinquent water usage due in the amount of $94.04.
TAX SALES
State Equalized Value $7,400.00.
Taxable Value $7,315.00.
NOTE: No Homestead filed.
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. MB67.6
(Previous No. T814)
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# 00-26, aka, 274 y6t .
Larch.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 274 W Larch 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 notice and order was sent out on 3/17/00. On 4/6/00, the Inspections
Dept received a phone call from Ms. 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 Ms. 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 attached Finding of
Facts and Order dated 5/9/00 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 274 E Larch.
Estimated Cost to Repair: $12,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
Xffirm,lfiH? Action
6!6172+-6703
FAxnl+-6790
-\ssesso r
6l6nl+-6708
FAX/724--6768
Cemetery
6L6nz.t.-6783
F.-\xn22-4188
Civil Service
616nl4--6716
FA.X/714--6790 West Michigan's Sllorellne Oty
Clerk
6t6n24-6705
FAxnl-t-6768
NOTICE OF ORDER
Comm. & Neigh.
Services
6t6n24-6717
FAxn24-6790 March 17, 2000
Engineering
6t6n24-6707
F AX/724--6790
Lack's Grocery
Finance
616nl4-6713
1850 Seminole Dr.
F'\.Xl7H-6768 Muskegon Ml 49441
Fire Dept.
616/724-6792 Lack's Grocery
FAX/724-6985
274 Larch
Income Tax Muskegon Ml 49442
6t6n24-6770
FAxnl4-6768
Dear Property Owner:
Info. Systems
616/714-6975
FAX/724-6768 Subject: 274 Larch
Leisure Service S 13 FT of E 45 FT of LOT 13 & 45 FT of LOT 14,
616/724-6704
FAX/724-6790
BLK 298
,\lanager's Office
616/724--6724
The City of Muskegon Building Official has recently inspected the subject
F.-\.X/724-6790 property and has found the buildings to be dangerous as defined under Section
Mayor's Office 4-23 of the Muskegon City Code.
616/724-6701
FAX/724--6790
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
Neigh. & Const.
Services
structures within thirty (30) days from the date of this order.
616/724-6715
FAX/724-6790
Should you have any questions concerning this matter, please do not hesitate to
Planning/Zoning contact our Building Official, Jerry McIntyre at 724-6715.
616/724--6702
FAX/724-6790
Police Dept.
616/724-6750
~c:r~I;!)~
FAX1722-5140
Public Works ~rabinski
616/724-4100 Fire Marshal/Inspection Services
FAX1722-4188
Treasurer
616/724-6720
F AX/724-6768
Water Dept.
616/724-6718
FAX/724--6768
Water Filtration
6]6172+-4106
F.\.X.: .. 5S-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49~~3-0536
\ffirmative Action
6l6, .. H,-6703
F \X,'1!,.__6790
.\.ucssor
6\fuiH-6708
F.-\.Xlil-4-6768
Cemetery
6t6n24-6783
F.-\.'<.till-US8
Civil Service
6t6mU716
FA.Xli24-6790
Clerk
6t6nl4-670S
FA."Xnl-l-6768
DANGEROUS BUILDING INSPECTION REPORT
Comm. & Neish,
Services
6t6n24-6717 274 LARCH
FAXnl+-6790
En1ineerin1 March 15, 2000
616nl4-6707
FAXn24-6790
Finance
6Hinl4-67I3
1. Structural damage on West exterior wall and parapet - cracked and bowing.
F,lXnl-4--6768 2. Front exterior stress cracks.
Fire Dept. 3. Damaged roofing at and near fire area.
616nl4-6792 4. Siding has been left burnt for a couple months. Siding repair needed.
FAxnl,.__6985
5. Roof parapet cap severely cracked.
Income Tax
6t6n1+6110
FAxnU-6768
Info, Systems
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
616n2+697S HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
F.-\xnl-t-6768
DANGEROUS AND/OR SUBSTANDARD BUILDING SET FORTH IN SECTION
Leisure Service 4-23 OF THE MUSKEGON CITY CODE.
6l6n24-6704
F.-\X/724-6790
~tanager's Office
616/7:U-6724
F ..\X/72-H790
.\layor's Office
616/714--6701
F.-\Xn:u... 6790
Henry Faltinowski, Building Inspector te /
i'ieigh. & Const.
Sen·ices
616172+6715
CZ
F.-\X/724--6790
Planning/Zoning
616/72 ...6702
FAxni.-•"• ,?/-Jerry lntyre, Bui ing Official Date
Police Dept.
616/724--6750
FAX/722-51-40
Public Works
6!6nU---'100
F.-\."<f722 .. ,$l88
Treasurer
616n2.i-6120
FAxnl-4--6768
\\' ater Dept.
616/7?4--6718
F..\.'\Jil,.__6768
\\ ,11er Filtration
t,16 ... 14-4106
F \. \. .. ~~~?90 City of Muskegon. 933 Terrace Street. P.O. Bo, 536, Muskegon, Ml 49443-0536
.-\(flrmath"e A~tlon
!JJ,724-{j70J
FAX,.·721.1214
,\:,5essor
lJl,124-6708
F..\.X.-i26--5181
Cemetery
2311724-6783
FAX/726--5617
Civil Strvice
231/724-6716
FAX/7244405 West Mlchlflan's Shoreline Oty
Cltrk
231/724-6705
FAX/724--4118
MUSKEGON HOUSING BOARD OF APPEALS
Comm. & Selgh.
Services
231/72-t-6717 DATE: May 9, 200Q
F..\X/726--2501
CASE: #00-26 - 274 E Larch
Engineering
231/724-6707
FAX/727--6904 Susan & Christopher Willea
Finance
1850 Seminole Dr.
231/724-6713 Muskegon Ml 49441
FAX/724-6768
Fire Dept. FINDING OF FACTS AND ORDER
231/724-6792
F..\X/714•6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of
2J l/72-1--6770 Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on May 4,
FAX1124-6768
2000. The Inspection Services Department of the City of Muskegon, having
Info. Systems inspected the building structure located upon the property, described as S 13 FT
231172-t-6744
FAX/7ll-4301 of E 45 FT of LOT 13 & 45 FT of LOT 14, BLK 298, Also known as, 274 E.
Larch, found the conditions listed on the attached pages exist and that these
Leisure Ser•lce
231172-t-6704 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAX/72-t-1196
:\lanager's Office The Board further found that these conditions exist to the extent of endangering
2311124-671-1
FA.\/722·121-I life, safety and the general welfare of the public.
.\layor's Office
231172-1-6701 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the
FAX/722•121-1 structure is declared to be unsafe, substandard and a public nuisance.
1nspeclion Strvlces
231!724-6715
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
Planning/Zoning
231/72-1--6702 order, the Building Official shall take bids and remove said structure.
FA.'<172-1"6790
Police Depl.
2Jl/724--{i750
FAX/722•5140
Public Works
231/724--4100
FA..Xf7224188
Treasurer
231/724-6720
FAxnl4-6768
Waler Billing Dept.
2.11172-t-6718
FAXii24--{i768
Water Flltratton
23117244106
FAX/75S.5290
City of ,tuskegon, 933 Terrace Street. P.O. Box 536, ,1uskegon, '11 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
·•
.-\ffirauthe Action
616,,.l+-6703
F \..\i"IH-6"190
..\ueuor
616/714--6708
F.\..XJ1U-6768
Cemelery
616/71"-6783
FA:<nll-4188
Civil Senice
6t6m4--6116
FA.XJiU-6790 West Mlddgan's Sbordlne Oty
Clerk
6t6nl4-6705
FA.'<nl+--6768
DANGEROUS BUILDING INSPECTION REPORT
Comm. & Nei1,h.
Senices
6t6n24--6717 274LARCH
FAXnl4-6790
En&inetrin&: March 15, 2000
6l6nl4-6707
FA.'<nl4-6790
Finance
6!6nl4-671J
1. Structural damage on West exterior wall and parapet - cracked and bowing.
F1'.xnl4-6768 2. Front exterior stress cracks.
Fire Dept. 3. Damaged roofing at and near fire area.
616n24-6791 4. Siding has been left burnt for a couple months. Siding repair needed.
FAxnl+.6985
5. Roof parapet cap severely cracked.
Income Tu:
6I6nl4-6770
FAXJ114-6768
Info. Systems
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
6!6nl4-6975 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
FAxnl4-6768
DANGEROUS AND/OR SUBSTANDARD BUILDING SET FORTH IN SECTION
Leisure Service 4-23 OF THE MUSKEGON CITY CODE.
6t6nl+6704
FAX1724-6790
:-.tanager's Office
616/72+.672-'
F.-\X/724-6790
\tayor's Office
616/724-670(
FAX172+.6790
Henry Faltinowski, Building Inspector D{te {
Neigh. & Const.
Ser.ices
616/724-6715
FAX1714-6790
Planning/Zoning
616/724-6702
FAxnu-61•0
C2
,?/·Jerry Date
Police Dept.
616112-'-6750
FAxnU-5140
Public Works
616/71+-4l00
FAX/712-4188
Treasurer
616/72+.6710
FAX/724-6768
Waler Dept.
616/724-6718
FAX/i!+.6768
\\ ittr Fi11nlion
b\b ... 2~4106
F \ \. .. !>~!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
- lna<f II, ;;ft-0
ase # 00-25 - 179 DELAWARE - STERLING BANK, SOUTHFIELD ,.q,-
A&E INVESTMENTS, MUSKE
The own of the property or a representative of the owner w in attendance. Bob Grabinski
informed th ard that a Notice and Order was sent out 8/00 and there has been no
contact with the er since that date. The staff re ended to declare this building
substandard, unsafe, a lie nuisance and fo to the City Commission for concurrence.
John Warner, supported by Anderso cle a motion to accept the staff's recommendation
and forward the case to the City · sion for concurrence. A roll call vote was taken.
AYES: ABSENT:
William Anderson
Randy Mackie
John Warner
Fred Neils
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
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 recommende,
to declare the structure(s) substandard, unsafe, a public nuisance and to forward to the city commissic
for concurrence to demolish it. Mayor Nielson made a motion, supported by Rev. Anderson to accep
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
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 # 99-35, aka, 340
Walton Ave.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 340 Walton Ave
is unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with Budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
On June 24, 1999 a dangerous building inspection was conducted. A
notice and order was sent out on June 28, 1999. On 10/7/99 Bob
Parker sent a repair list for the violations (see attached) all repairs were
to be ready for inspection on 10/18/99. On 11/4/99, the Muskegon
Housing Board of Appeals discussed the case and forwarded it to the
City commission for concurrence in demolition (see attached finding of
facts and order). On 11/8/99 Bob Parker applied for a permit. On
5/11/2000 Henry Faltinowski did an interior inspection that revealed
much disrepair.
The estimated cost of repairs: $18,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
Amrmallve Action
616172·1-6703
MUSKEGON
,\ssessor
616/724•6708
Cemelery
616/724•6783
c1~·11 Service West MlcbJgan's Shorellne City
616/724•6716
NOTICE AND ORDER
Clerk
616/724•6705
June 28, 1999
C. N. Services
6161724•67 I7
Scott Morgan
1167 Peck Street
Engineering Muskgon,Mi.49442
6161724•6707
Sterling Bank and Trust
Finance
616172-1,6713
One Towne Square, 1?1h Floor
Southfield, Mi. 48076
Fire Depl.
616/72-1-6792 Dear Property Owner:
Income Tax
Subject: 340 Walton
616172-1-6770 W 44.5 Ft., Lot 8,.Block 194
Inspections The City of Muskegon Building Official has recently inspected the subject property and has
616172-1·6715
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
U'lsure Service
616172-1-670-1
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
structures within thirty (30) days.
'.I.tanager's Office
616172+672-I
If you elect to repair the structures, you must secure all required permits and physically
commence the work within thirty (30) days from the date of this order.
Mayor's omce
6161724·6701
Should you have any questions concerning this matter, please do not hesitate to contact our
Planning/Zoning
Building Official, Jerry McIntyre at 724-6715.
6161724·6702
Sincerely yours,
Police Depl. ~ - - - . \ , /.)
6161724·6750 ~
Public Works Daniel Schmelzinger
6161726·4786
Director, Neighborhood and Construction Services
Treasurer
616/72-\.6720
Waler Dept.
6\6172-1·6718
City of Muskegon. 933 Terrace Street. P.O. Box 536. Muskegon, Michigan 49443·0536
DANGEROUS BUILDING INSPECTION
340WALTON
6/24/99
1. Front porch collapsing (stairs, handrail, and guardrail).
2. Foundation wall deteriorating.
3. Broken out windows.
4. Side porch collapsing.
5. Siding exposed to weather elements and needs protection.
6. Entry door and jamb in need of repair.
7. Missing siding.
8. Window frames in need of repair.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
DATE
~, ' ,,
---------
DANGEROUS BUILDING INSPECTION
340\\'ALTON
6/24/99
I. Front porch collapsing (stairs, handrail, and guardrail).
2. Foundation wall deteriorating.
3. Broken out windows.
,," 4. Side porch collapsing.
5. Siding exposed to weather elements and needs protection.
6. Entry door III1,(ljamb in need of repair.
7. Missing siding.
8. Window frames in need of repair.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS ANO/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSK.EGON CITY CODE.
TINOWSKI, BUILDING INSPECTOR DATE
........ ___ ,
340 ~alton Avenue
1. Completed
2, Completed
3. 10/ 17
'I • Completed
5• 10/ 17
6. 10/17
7. 10/ 17
8. 10/17
,ork on non-completed portion will be ready for
inspection on 10/18/99,
10/7 / 'J9
Affirmative Action
6t6n?4-670J
FAxnll-l21-t
.\s.sessor
616n24-6708
FAX/724--4178
Cemetery
616n24--678J
FAXfl26-56l7
Civil Service
6l6n24-6716
FAXfl24-6790 West Michigan's Sborellne Oty
Clerk
6l6n24-670S
FAX/724-4178
Comm. & Neigh.
Services MUSKEGON HOUSING BOARD OF APPEALS
6t6n2+6717
FAxn26-2S0I
DATE: November 10, 1999
Engineering
6t6n24--6101
FAxn27--6904 CASE: #99-35 - 340 Walton
Finance
6t6n24-67IJ Sterling Bank and Trust
FAxn24-6768
One Towne Square 17th Fl.
Fire Dtpt.
616nl-H79l
Southfield, MI 48076
FAxnl"-'985
Income Tax
FINDING OF FACTS AND ORDER
6l6n24-6770
FAxnl+-6768
The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4th of November
616n24-697S
F AXn24-6768 1999.
Leisure Service
6t6n24-6704 The Inspection Services Department of the City of Muskegon, having inspected the building
FAX/724--6790
structure located upon the property described as West 44.5 feet Lot 8 Blk 194 also known as
·\lanager's Office 340 Walton found the conditions listed on the attached pages exist and that these conditions
616/724-6724
FAXnll-1214
are hazardous as defined in Section 4-23 of the Code of Ordinances.
Mayor's Office
616n24-6701 The Board further found that these conditions exist to the extent of endangering life, safety
FAX/722-1214 and the general welfare of the public.
Neigh. & Const.
Services
616/724-6715
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/726-250 I declared to be unsafe, substandard and a public nuisance.
Planning/Zoning
6l6n24-6702 It is, therefore, ordered that the owners or other interested parties take such action to repair
FAX/724--6790
or remove said structure, or appeal this order within 20 days of the receipt of this order.
Police Dept.
6I6n24--6750
FAX/722-5140 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
Public Works
616/724-4100 Official shall take bids and remove said structure.
FAxn22-4188
Treasurer
616n24-6720
FAXn24-6768
Water Dept,
616n24-6718
FAxn24-6768
Water Filtration
616n24-4106
FA-Xn55-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Permit Numbe IBD-99-09
Permits Data Permit Date ·=="'
:;;1.;;-
Issued Date: ,.1_-·.;;.;;;...;.;;;.
Street Address 1340 E WALTON Expiration Date: ;;'===
Finaled Date: t_
Parcel Number j24-205-194-0008-00 I Record Status: •t-.---
Pern1it Type: IBUILDI_N_,
G.» Contractor Category: ,_I_ __
Requester !BOB PARKER VALUE:
Owners Name [rviC'lRGANSCOn .I
Address
f1_1_67_P_E_C_K_____________ ··········------·-·· _______________________________ __!
• 'I •
Buildings:
L _________ ] Square Feet
C
Census Type:
Units:
I ___.J I Length:
C
[
['~!~!!~~:~,'""-
Width:
hir.·-•: _ r~.r" -@-._C_o_m_e_r_ci_a_l-@-s1-!11_d_u_st-ria_l_ _
OTHER:
USE: CHGEUSE: I
Description REPAIR PORCH STEPS, REPLACE
6
11/8/99j
..... .J
___J
.......J
... .I
$700.00
~
I
...!
---i
-:J
--r
~•--m~ ,_J
MUSKEGON
Affirmative A~tion
23117:U-6703
FAX1722-1214
Assessor
2311724-6708
FAX/726-5181
Cemetery
2311724-6783
FAX1726-5617
Clvll Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
Clerk
231/724-6705
FAX/724-4178
Comm. & Neigh. DANGEROUS BUILDING INSPECTION REPORT
Services
231/724-6717
FAX/726-2501 340WALTON
Engineering
231/724-6707 5/11/00
FAX/727-6904
Finance Apartments on DB List- Interior Inspection noted:
231/724-6713
FAX/724-6768
Fire Dept, 1. Basement walls show deterioration, bad mortar joints, moisture leaking
231/724-6792 into basement.
F AX/724-6985
2 Rotted flooring, water damaged flooring throughout first floor, carpet
Income Tax
231/724-6770
damaged throughout.
FAX1724-6768 3. Ceiling repair needed throughout both apartments.
Info. Systems 4. Broken Windows.
231/724-6744 5. Missing plumbing fixtures.
FAX/n2-4301
6. Large amounts of debris left in home and dumped down hillside by
Leisure Service Ryerson Creek.
231/724-6704
FAX/724-1196 7. Furnace system needs certified safe.
Manager's Office
8. Interior stairways need repair to code.
231/724-6724
FAX/722-1214
Mayor's Office BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
231/724-670 I
FAX/722-1214 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
Inspection Services
f¢ II};;,o,'Y)
231/724-6715 MUSKEGON CITY CODE.
FAX1726-2501
Planning/Zoning
231/724-6702
F AX/724-6790
e
4cl..l:13lLU- s./, I
Police Dept.
231/724-6750
FAX/722-5140 I .,100C
CONCURRED IN:
Public Work.'l R bert B Grabinski Da\e 1
231/724-4100
FAX1722-4188
Fire Marshal/Inspection Services
Treasurer
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724-6768
Water Filtration
2311724--4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
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# 99-24, aka, 1212
Jefferson
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1212 Jefferson
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:
This property had a fire in the basement on 10/16/98, see attached
report for damages and pictures. A police report was issued to the
Inspections Dept on 2/13/99 and a Board up Letter was sent on 2/13/99.
A Notice and Order was sent out on 6/18/99. The case was discussed
at the Housing Board of appeals on 8/5/99. 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 attached Title Search page for
taxes and special assessments.
The estimated cost to repair the structure is: $11,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
•
Date: June 29, 2000
To: Honorable Mayor and City CommisHioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 1094 Williams
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1094 Williams 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:
A dangerous building inspection was conducted April 26, 1999. The
owner of this property is Larry Robinson. A Notice and Order was
mailed out 4/27/99. 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$
Attached are copies of the dangerous building inspection, notice and
order and the finding of facts and order of the July 1, 1999 meeting of
the Housing Board of Appeals.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on July
11, 2000.
616172H703
:\ssessor
6161724-6708
CemettrY
6161724-6783
CMI Ser.Ice
616172H716
NOTICE AND ORDER
Clerk
6!61724-6705 April 27, 1999
C. N. Services
6 I61724-6717
Larry Robinson
Engineering 2045 Getty
6 I61724•6707
Muskegon,Mi.49444
Finance
6 I61724•67 I3
Dear Property Owner:
Subject: 1094 Williams
Fire Dept.
616/724-6792 S 66 Ft, Lot 7, Block 69
Income Ta.'(
The City of Muskegon Building Official has recently inspected the subject property and has
6161724-6770 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
lnspecllons
616172..\·6715 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
structures within thirty (30) days.
Leisure Service
616172-\.670--l
If you elect to repair the structures, you must secure all required permits and physically
commence the work within thirty (30) days from the date of this order.
\tanagt>r'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 f<I TCHEN
Has an open splice - must be in covered junction box.
64 A fc:I TCHEN
Has open ended wire.
65 B KITCHEN
Ceiling materials are coming down.
66 B KITCHEN
Wall or walls has a hole or holes or large cracks _in it.
67 B f(I TCHEN
Ceiling has a hole or holes or large cracks in it.
68 B KITCHEN
Light fixture is broken or loose.
69 B KITCHEN
Light fixture globe is broken or missing.
No Cat . -·., Vlolatlan ,,
---
70 ---
8 •=-=--•-----------------------·-. . . ---•-•w.m-=-•---···..,...
.. <A-... ~ ...... -.
KITCHEN }__.:- ; ·-. 's~:: :~t. '.~' ! '/,.
Floor covering has tial_••• ~~lp• or ls aissing or is not sealed
on edges. . - J-~~;_-~ L ~ :
71 B KITCHEN . ,_:
Cabinets are not in QOod repair •
72 B KITCHEN - TO PORCH
Daar trim is broken or incomplete.
73 B KITCHEN - TO PORCH
Door hardware is broken, missing ar incomplete.
74 B LIVING ROOM
Wall or walls has a hole ar hales or large cracks in it.
75 B LIVING ROOM
Ceiling has a hole or hales or large cracks in it.
76 B LIVING ROOM
Ceiling tile are missing or falling down.
77 B LIVING ROOM
switch is broken, loose or not working.
78 A LIVING ROOM .
Switch cover is missing or broken.
79 B REAR PORCH
Ceiling is water damaged.
80 UPSTAIRS AND BEDROOMS NOTE:
Not inspected.
· END OF LIST
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 # 00-29, aka, 696 W
Southern Ave.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 696 W Southern
Ave. is unsafe, substandard and a public nuisance and that it be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with Budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This property is owned by Ed Houghtaling. An original inspection was
done 8/98. This property has had 8 default judgments. The property
was occupied while posted. Last posted 7/30/99. No progress had
been made on correcting the violations and a Dangerous building
inspection was conducted on 3/27/00. A Notice and Order was sent on
3/28/00. 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 5/9/00. Copy of Meeting Minutes
is attached. Staff recommends to demolish the structure(s) at 696 W
Southern Ave.
Estimated cost for repairs: $10,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
CI TY OF MUSKEGON I NSF·ECTitlN."REPORT
AT 8:46 a.m. FOR W. SOUTHERN 696
No Cat Violation
~=======-=====;=======-=====-================-=----------========
1
NOTE: Effective June 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
pr·operty have been paid in full~
'".::.
NOTE: Code requires owners to notify City in writing within
10 days of transfering cJwnership~ Notice must i11cltJde name,
address and phone nu,nber of new owner"
3
l'-.]CJTE~ Ncn 0\1-~ner··-oc:t:upants must use .l i cens;;:?d cont1,·ar.::tc:H'"Si for-·
most elec·trical, plumbing or mechanical repair work. Call
724-6758 f • r- more infcJrmati • n"
.~.
Unit cannot be occupied until a cer·tificat~ • f
co1npl~ar1ce is iSS!JSdu
~ ~S OF 4-3(1-99
NGTE: Property is illega!ly occupied beca~se .;. ·-
a va~id certificate of comr>liaricen
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
<w
Oo
Total $
Bond Forfeited $
gjg
Balance Due·
·~
~tij
Q;!
WO ('
r
l "f ,. , sort1 r,isrRICT cou9,r
~ . 990 TERRACE STREET
..
1
MUSK~GON, MiCH.IGAN 49442-33TT
Ip
I·I •~,~ c.,.. ~umber_.
f.:l,::nf:::raction=::.•::;D•:::t•:...·:__f,_-.....!'LL.L.1!'..L!,fU,;'.J!.V_.:_·_.:_--:j
!n~E~:~Y~w.C'RTIFY
with the
that this copy is a true
copy or the original on file
Civil Infraction
Clerk. , . rce or the 60th District Court
Driver License No.
. 60th District Court Clerk
By &-44
~D;:e'.--:p;,:;ut"'y':C::-rs-,,---- 0
~ ,•,.
Fine TO
Costs
State Costs
HOUGHTALTNG/EDWARD/G C
2473 MACARTHUR
Total
MUSKEGON Ml 49442 r.
Bond Forfeited
Balance Due
,-------- ---------------------
60TH DISTRICT COURT ,0
990 TERRACE STREET
MUSKEGON, MICHIGAN 49442-3377 I HEREBY CERTIFY lhat this copy is a t~; ~ /
and correct copy of the original on·,~
with the office of the 60th District Cou~
Cferk. •
Case Number:
EGth District Cour: Cle,~ t, !
Infraction Date
, Civil Infraction By ~---------rnff • !..., •: ~:' : :- • ~
Driver License No. 0
TO
Costs HOUGHTALING/EDWARD/G
State Costs 2473 MACARTHUR
MUSKEGON MI. 49442
Total
Bond Forfeited $
Balance Due
-·
. -- ' -
• :' .
. lnfractlo!I Pale
' '
., '
.., ·•~
t ~- •.
Civil Infraction
Driver License No. 0
Vehicle Plate No.
1:•~7,wf,iibe1@gdj3Jf?%~ 0
OUNli
.fine $ TO rrr r,
Costs $ HOUGHTALING/EDWARD/G 0
State Costs $ 2'l73 MACARTHUR
$ MUSKEGON MI 49442
Total $ 0
Bond Forfeited $
•••••- ,......_,-,-,-,-.~.PL\r-..•-.,-..~T .
Balance Due :,,:, '.•1'·~<1\:t-;-".'-'"..! ..,,,,<':.,' ,
0
'·
,--------------·-·---------------
' 601]'1 DISTRICT COURT 0
990 TERRACE STREET .
MUSKEGON, MICHiGAN '49442-3377 ~ rr~ ·
.• ~F ·-~,\i/;'i'~,~f~" •s- •
f~-:-·-·· :____ .~:J!Nii ·frH,\c.~l_t~rr.~j··.
ln,f,r~~iP.~ Date .
•
•t
Civil Infraction
Driver License No. 0
Vehicle Plate No.
(_,:
~~;,•
Fine $ TO I
Costs $ HOUGHTALING/EDWARD/G C
State Costs $ ,!4 7:3 MACARTHUR
$ MUSKEGON MI 49442
Total $
Bond ·Forfeited $
Balance Due 1 ~
I. _j
\
r- ---·------------. -----··--------~ ---- -----
60TH DISTRICT COURT
990 TERRACE STREET
MUSKEGON, MICHIGAN 49442-3377
~-
4.-gg
I.• I
DEFAULT JUDGMENT ·
Civil Infraction I I HEREBY CERTIFY that this copy is a true
and correct copy of the original on file •I
.
Case Number
Infraction Dale
Civil Infraction
990153072A
4/30/99
HSG CERT IF I C -
with the office of the 60th District Court
Clerk. •
Driver License No.
60th District Court Cle~ _
[
Vehicle Plate No.
A--"8.rance Dale · I Default/Judnrrient Data*·-'-·,.
6/11/99 6/21/99
By C/P/?'';eputy c~Y
I
. . · : AMOUNT OF JUDGMENT),;t•.~$1<~?·.
Fine $ 491 .00 TO
Costs $ 15.00 HOUGHTALING/EDWARD/
State Costs $ 9.00 2473 MACARTHUR
$ MUSKEGON Ml 49442
Total $ 515.00
Bond Forfeited $
Balance Due $ ,..- ' ·::il. . ::FQO
-·· ~--- --.. -~· •:;
-'.":.!-.
,.,
- - - - - - - ----.
\- -· -- - - - - - - - - - - · - - - ·---------(c~-t.=-.-- ---
60TH DISTRICT COURT
990TERRACE STREET 69, w.~ : ·: J
MUSKEGON, MICHIGAN 49442-3377
I HEREBY CERTIFY that this copy Is a true
•e
Case Number 99D153066 and correct copy of the original on file
Infraction Date 1/29/99 with !he office of the 60th District Court
Civil Infraction BLDG FOUNDAT Clerk,
Driver License No.
6oth District Court Cl8:: ~-
Vehicle Plate No.
By Cl- lfkJ<, &~-
Deputy Clerk
i{W..f.t~-~-~1r~IIOU J ; ; ;
Fine$ 491.00 TO
Costs$ 15.00 HOUGHTLAING/EDWARD/G
State Costs$ 9.00 2473 MACARTHUR
$ MUSKEGON MI 49442
Total $ 515.00
Bond Forfeited $
60TH DISTRICT COURT
TERRACE STREET
' 990
MUSKEGON, MICHIGAN 49442·3377
., -, .. .,
I DEFAULT JUDGMENT ----•·'•· 1
Civil Infraction .. · ·. · ' ·--,. ' • I HEREBY CERTIFY that this copy is a true
and correct copy of the origin al on file -Q-1
Case Number 99D153072B
Infraction Date
Civil Infraction
4/30/99
BLDG FOUNOAT
wilh the office of Iha 60th District Court
Clerk. •
~
Driver License No.
Vehicle Plate No. 60thDistric!CourtC~, ,_, J!dA/4~_,,-
Annearance Date I DefaulUJudament Oafs~ - I By ~Deputy~-{
6/11/99 I 6/21/99 I
AMOUNT OF JUDGMENT···. · '.?~.,-r:.'
Fine $ 491 .00 TO
Costs $ 15.00 HOUGHTALING/EDWARD/
State Costs $ 9.00 2473 MACARTHUR
$ MUSKEGON MI 49442
Total $ 515.00
Bond Forfeited $
Balance Due $'.- ,· .:' 5 t5 .'.OQ 0/i/
-\ffirm,tive Action
b [ 6/"!+.610.)
F-\..X."'24-67'0
.-\:s.smor
616,il+-670&
F.\.xm:4-6161
Ct•etcry
6 I 6/'1U-4113
FA.'<17lUIII
Civil Servi«
616/7244716
FA.'<m"-6790
Clerk
616n?U705
FAxnl-4--6768
DANGEROUS BUILDING INSPECTIONS REPORT
Comm. & Nti&h.
Services
6t6n2""6111
696 W. Southern
fA](/7244790 3/27/00
Eniinetrin&
616n24--6707 Inspection noted:
FAXn24-6790
Finance 1. Foundation wall in need of repair.
616n24-6713
F~:<n24--6768 2. Roof covering and flashing improperly installed.
Fire Dept.
3. Rotting, missing siding.
6l6nl-4-6792 4. Cracked Rotted Fascia Board.
FA:<nl-4-6985
5. Home is open for access missing door on slides.
Income Tu 6. Deteriorating window frames.
616n2-4-6770
F..\Xnl-4-6768
Info. Systems
616n2-4-697S BASED UPON MY REGEN-:· INSPECTION OF THE ABOVE PROPERTY, I
FAX172-1-6768
HAVE DETERMINED THA1 THE STRUCTURE MEETS THE DEFINITION OF A
Lei.sure Service DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
616/72-4-6704
f.-\Xfll4-6790
MUSKEGON CITY CODE.
\h.nager's Office
616/724-672-1
F.-\XnH-6790
CL-
altinowski, Building Inspector
\la)·or's Office
616/72-4-6701
FAX1724-6790
.--i'. -;??-~
Ser,.iccs
Date
6\6/7U-6715
FAxnH-6790
Plannin"'2oning
616nU-6702
FAX172-4-6790
Police Dept.
616/72-4-675-0
FAXflll-5140
Public Worlu
6t6nU-4100
FAXflll-O88
Trcuurcr
6t6nl+6120
FAXfll-4-6768
Water Dept.
616nl+671S
F.-\X/7U-6768
\\ alH Fillnrion
t,16 .... ?.&-.H06
F \ \. ""~!>,.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 <lty
Clerk
6I6n24-670S
FAX/724-6768
DANGEROUS BUILDING INSPECTION
Comm. & Neigh. 1192 MAPLE
Services
616/724-6717 3/6/00
FAX/724-6790
Engineering
616n24-6707
FAX/724-6790
1. Structual roof damage on SW section of home.
Finance
616/724-6713
2. Fascia repair needed on other areas of roof system
F~X/724-6768 3. Numerous vehicles being worked on in yard.
Fire Dept. 4. Window frames and sills deteriorating.
616/724-6792
FAX1124-6985
Income Tai.
616/724-6770
BASED UPON MY RECENT INSPECTION OF THE ABOVE POROPERTY, I
FAX/724-6768 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF
Info. Systems
A DANGEROUS AND /OR SUBSTANDARD BUILDING AS SET FORTH IN
616/724-6975 SECTION 4-23 OF THE MUSKEGON CITY CODE.
F AX/724-6768
Leisure Service
616/724-6704
FAX/724-6790
Manager's Office
6(6/724-6724
FAX/724-6790
Mayor's Office
616/72.4-6701
FAXfl24--6790
Neigh. & Const.
Services
616/72,1-6715
FAX/724-6790
Planning/Zoning
616/724--6702
F AX/724--6790
Police Dept.
616/72,1..-6750
FAxn22-St40
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
\\-'.ater Dept.
616/724--6718
FAX/724-6768
\\ .iter Fill ration
616n24-4l06
F \\_ .,SS-52'){) City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.\ffirmati\·e Action
bl6i"2+-6703
F.-\XJ724-6790
.-\ssessor
616/724-6708
F...\..Xf'724-6768
Cemetery
616/724-6783
F.-\.Xn22-4l88
Civil Service
616n1:4-6716
FAX/724-6790 West Mldllgan's Shorellne Oty
Clerk
616/724-6705
F.-\.X/724-6768
March 10, 2000
Comm. & Neigh.
Services
616/724-6717
FAxn24-6790 Huntington National Bank
Engineering 7575 Huntington Park
616/724--6707
FAXn24--6790
Columbus, OH 43235
Finance
616/724-6713
Dear Property Owner:
F~xn24-6768
Fire Dept. Subject: 1192 Maple
616/724-6792 Lot 8 Blk 82
F AX/724-6985
Income Tax
616/724-6770
The City of Muskegon Building Official has recently inspected the subject
FAX/724-6768 property and has found the buildings to be dangerous as defined under Section
Info. Systems
4-23 of the Muskegon City Code.
616/7:24-6975
FAX/724-6768
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
Leisure Service structures within thirty (30) days from the date of this order.
616/724-6704
F AX/724-6790
!\-tanager's Office
Should you have any questions concerning this matter, please do not hesitate to
616/724--6724 contact our Building Official, Jerry McIntyre at 724-6715.
FAX1724-6790
Mayor's Office
616/724-6701
FAX/724-6790
'
erely you;lj,
I 1_,/)
,c.J____!D
.
1
. ')(,,_.
.
Neigh. & Const.
Services ert B. Grabinski
616/724-6715 Fire Marshal/Inspection Services
FAX1124-6790
Planning/Zoning
616/724--6702
FAX/724--6790
Police Dept.
616/724--6750
FAxnll-SU0
Public Works
616/724--4100
FAX/722-,H88
Treasurer
616/724-6720
FAX/724-6768
\ \ ater Dept.
1
616/724-6718
FAX/724-6768
",uer Filtration
I> 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"</, ~
Case# 00-027 - 1192 Maple - Huntington National Bank, Columbus OH.
Bob Grabinski informed the board that Tony Huffinan was informed at the last minute that he needed
to represent the home at the meeting but could not make it. He told Bob that they needed 30 days to
repair the roof. Bob stated that the home was in good condition on the inside and the only problem
was that the roof was in need of desperate repair; therefore, the staff's recommends to grant an
extension of 30 days to make repairs and have an inspection. Mayor Neilson, supported by John
Warner, made a motion to accept the staffs recommendation and grant an extension of 30 days. 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.
e #00-29 - 696 W. Southern - Ed Houghtaling, 2345 Dowd, Muskegon MI
Randy Mac ked Bob Grabinski for some history on this home. Bob sta hat it is poor condition
and no work has li one on this home. The Inspections Department ad many complaints from
neighbors regarding th1,;..,.•n11e. They are concerned it is a safety and would like it tom down.
There has been no contact w he owner since the Notice and er was sent out on 3/28/00. The
Staff recommends to declare the cture(s) substandard, afe, a public nuisance and to forward to
the City Commission for concurrenc ohn Warner, ported by Mayor Nielson, made a motion to
accept the Staffs recommendations and ard case to City Commission for Concurrence. A roll
call vote was taken.
AYES: NAYES: ABSENT:
William Anderson
Randy Mackie
John Warner
Fred Neilson
meeting adjourned at 7:30 PM.
Respectfully submitted by:
](~b~•
Fire Marshal/Inspections Dept.
6
\ ffirmathe Action
1]1:''24-6'.'0]
F.-\Xi7?2-l21-&
.-\sseuor
23l.72+6708
F.-\X/726-5181
Cemetery
2Jln24-678J
F.-\X/726-5617
CivllStrvtce
231/724-6716
FA..X/724-4405 West Michigan's Sborellne Oty
Clerk
23 l/724-6705
F AX/714-4178
MUSKEGON HOUSING BOARD OF APPEALS
Comm. & Neigh.
Services
231/724-6717
FAX/726-2501
~~=(_
Engineering May 9, 2000
231/724--6707
FAxn27.-6904
Finance
23 l/724--6713
Devid 3poel111c1n '1--/u11v--i,rJJ,,J1l
FA..X/724-6768 599§ Bliss Lime 75-7:;- ")/q4-/l//JJ't"tJ jJJ _
Fire Dept.
Ne,l'<ay9g Ml <1Q:a,e7 {,6UrY1b5 cf'J-1 "-/5,;J 5S
231/724.-6792
FAX1724-6985
Subject: Dangerous Building Case # 00-27 - 1192 Maple
Income Tu:
2Jl/724.-6770
FAX/724-6768 FINDING OF FACTS AND ORDER
Info. Systems
2J 1/724--6744
FAX/722--1301
The following action was taken at a session of the Muskegon Housing Board of
Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on May 4,
Leisure Sen·lce
231/724--6704
2000. The inspection Services Department of the City of Muskegon, having
FAX/724-1196 inspected the building structure located upon the property, described as LOT 8
~tanager's Office BLK 82, also known as, 1192 Maple, found the conditions listed on the
231/724-6724 attached pages exist and that these conditions are hazardous as defined in
FAX1722-1214
Section 4-23 of the Code of Ordinances.
Mayor's Office
231/72-t-6701
F'AX/722-1214 The Board has found that these conditions exist to the extent of endangering life,
Inspection Sen·\ce~
safety and the general welfare of the public. Therefore, in accordance with
2311724-6715 Section 4-25 of the Code of Ordinances, the structure is declared to be unsafe,
FAX/726-2501
substandard and a public nuisance. However, you have been granted an
Planning/Zoning extension of 30 days to remove said structure.
23 l/724-6702
F' AX/724-6790
Police Dept.
It is therefore ordered that if the owners or other interested parties do not take
2311724-6750 such action to Repair or Remove said structure by June 5, 2000, This case will
FAX/722-5140
be heard by the Muskegon City Commission Committee for concurrence and the
Public Works Building Official shall take bids and remove said structure.
23l/724--4100
FA..X/712--4188
Treasurer
lJl/724-6720
F AX/724-6768
Water BIiiing Dept,
2311724-6718
FA..X/724-6768
Wiler Flltratlon
231i724--4l06
FAX/755--5290
City of :'lluskegon. 933 Terrace Street. P.O. Box 536. '1uskegon, Ml 49~-B-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
·•
r; 33-: 09'-i I
FAX COVER SHEET
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon MI 49443-0536
From: J:dtr,,.h'111S1<.1'
Date:
Total number of pages sent, including cover sheet: _ _Lj....{___
Please phone to verify receiving document:
Please review and phone/fax comments, etc.:
For your information only:
INSTRUCTIONS:
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 # 00-22, aka, 328
Myrtle.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 328 Myrtle 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 Budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted on 2/2/99. The owner
is Marva Knight. A notice and order was sent on 2/12/00. On 2/16/99 a
work schedule was submitted and on 4/16/99 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 3/22/00 advising the
owner to contact Jerry McIntyre. Ms. Knight appeared in the Inspection
Dept on 3/27/00 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 3, 2000 the case
would not need to go to the commission. No progress has been made.
The estimated cost of repairs: $25,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
! :\Cl\011
1703
.\ssessor
616/724-6708
Cemelery
6161724-6783
CMI Ser.-tce
6161724-6716
NOTICE AND ORDER
Clerk
616172-l-6705
February 12, 1999
C. N. Services
6161724-6717
Marva Knight
Engineering 328 Myrtle
6 I 61724-6707
Muskegon, Mi. 49442
Finance
616172 • •6713
Dear Property Owner:
Subject: 328 Myrtle
F'lre Oepl.
6I6172-l-6792 S ½ Lot 12 EXE 30 Ft, Block 199
Income Ta:'\ The City of Muskegon Building Official has recently inspected the subject property and has
616/7'..!+6770 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
lnspccllons
6161724·6715
As a result of this finding, you are hereby ordered to REP AlR or DEMOLISH the
structures within thirty (30) days.
U'isurt· Ser\"iCe
616172-1-670•
If you elect to repair the structures, you must secure all required permits and physically
commence the work within thirty (30) days from the date of this order.
\lana/.l.er"S omce
6 J 6, 72--i.672-1
Should you have any questions concerning this matter, please do not hesitate to contact our
Building Official, Jerry McIntyre at 724-6715 .
.\la:,.or"s Office
616172-1·6701
Sincerely yours,
~~~
Planning/Zoning
6\6172-1·6702
Police Dept.
6 I 6i72-i·6750
Daniel Schmelzinger U \)
Director, Neighborhood and Construction Services
Public Works
6161726·-1786
Treasurer
6l617H6720
\\ Jll'r Dept.
616:72-1·6718
City of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon, Michigan 49443·0536
DANGEROUS BUILDING REPORT
328MYRILE
2/2/99
I. Roof system of whole home is failing-in need of structural repair, sheeting,
and roof covering.
2. Chimney stack failing - missing brick.
3. Front porch roof missing, exposed siding is rotting, section of vertical porch
supports are ready for collapse.
4. Tuck-pointing is needed in foundation wall block.
5. Broken out windows.
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.
BUILDING PERMIT APPLICATION
CITY OF MUSKEGON
No. 9~-d-.)~
JOBADDRESS _3a.R ~ LOT BU< TRACT
OWNER 7tWwe,, ~ MAI. ADDRESS 3;;:J8 ~ f ; PHONEJ'L{J ~ ,
CON. NAME ~ MAIL ADDRESS PHONE
ARCHITECT OR DESIGNER ADDRESS PH L I C I _ EXP
LICENSE NUMBER EXPIRATION DATE ·
FEDERAL EMPLOYER IOI OR REASON FOR EXEMPTION
WORKERS COMP. INSURANCE CARRIER OR REASON FOR EXEMPTION
MESC EMPLOYER I OR REASON FOR EXEMPTION
All CONTRACTOR INFORMATION REGISTERED WITH THE CITY OF MUSKEGON YES D NOD
CLASS OF WORK NEWADDmON • ALTERATION 0 REPAIR~
RESIDENTIAL ✓COMMERCIAL 0 INDUSTRIAL 0 OTHER
SPECIAL CONDITIONS
DESCRIBE WORK ~ ( ! .P Q"JOM ' d. '-f-,. {. 4
'.a fJ I bl. .Q .lJ A-.-... l 7:1J. ~£ , ~
-.1. A II,·
USE OF BUILDING CHANGE USE TO
STARTING DATE DATE READY
VALUATluNuFvvuRK Js"'er-0
INSPECTION REPORTS
DAT!: REMARKS ' INSP. Pt:HMl1 FEE 'rt, 7 ~--
CALL ADMINISTRATIVE AUTHORITY A MINIMUM OF
24 HOURS PRIOR TO ~SPECTION
SPECIAL CONDITION: POUR D ~ ,.; 71_~FOAMS ARE APPROYED
Type of Const. Q.ccup,.ncy G ., Division_ _
No. ol Dwelling un..t.'.0 _ o.~~ space?"'Bernt_ _
APP. APPROVED BY PlANSCKBY APPROVED FOR 1SS. BY Front Yard "·skif;V._rd ·· ;.~ 11,,..R~
Yard
Use Zone • "Are Sprinklerl'lequlied
~-
Special Zoning -::', +" '6 ': .. .
NOTICE Footing Type ~a, ~~ c Depth Below Grade_ _
SEPARATE PERMITS ARE REQUIRED FOR PLUMBING, HEATING, VENTILATING Foundation W a ~ ;.: ;.,. Size
OR AIR CONDITIONING. THIS PERMIT BECOMES VOID IF WORK OR Floor System '(, J ·: :• ~p~clng Span_ _
CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 30 DAYS OR IF
CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD Roof System - Size~ Spacing Span_ _
OF 30 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY Exterior Wall System Size Spacing
THAT I HAVE READ ANO EXAMINED THIS APPLICATION ANO KNOW THE SAME
TO BE TRUE ANO CORRECT. ALL PROVISIONS OF LAWS ANO ORDINANCES Chimney Type Size
GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER Heating Type Fuel
SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATI: OR CANCEL THE PROVISIONS OF '
TOTAL PERMIT FEE IS DOUBLED IF WORK IS
ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE
PERFORMANCE OF CONSTRUCTION. STARTED BEFORE PERMIT IS APPLIED FOR
• SECTION 23a OF THE STATE CONSTRUCTION CODE ACT OF 1972, ACT NO. 230 OF THE PUBLIC ACTS OF
1972, BEING SECTION 125.1523a OF THE MICHIGAN COMPLIED LAWS, PROHIBITS A PERSON FROM
CONSPIRING TO CIRCUMVENT THE LICENSING REQUIREMENTS OF THIS STATE RELATING TO PERSONS
WHO ARE ABLE TO PERFORM WORK ON A RESIDENTIAL BUILDING OR A RESIDENTIAL STRUCTURE
VIOLATORS OF SECTION 23a ARE SUBJECT TO CIVIL ANES. NOTE TO HOMEOWNERS (WHEN NO OTHEF
CONTRACTOR ASSISTANCE IS BEING USED), UNDER REASON FOR EXEMPTION STATE THAT YOU ARE THE
HOMEOWNER AND WILL BE DOING THE WORK. ~
SIGNATURE OF APPLICANT~. '-fY1
6, ~ DATEllpw I (,-q'l
WHITE - ;NSPECTOR --YELLOW - ~LICANT PINK - ASSESSOR GOLD-AUDIT
I . 6 . f 'itf /1...1 ·o IL
L , ~ 1'-= ~OIL~ D~At- ofL ~
/+. (;' d CA by th.AS ONLY - (; ':01 ~ } ~ 0 "'-..,
Ps1-::,. 15'. cr 1
B. ~c.J,rr,.,,' JI Roa F::). i C.or-slt-ud .,I-) ,lf\pp____;J._~q9 t,.JJ}_
Q.arr-..s ouT fh--d ~ II ['c;7,'~
7 ·c.1G
1
d- B. '/:{)(1F1-1~1L
!-fPS f_Et;:C,'3 ff};"-r A-r-..d ;<; ":o+ ffLOIG-~ ~ ffl_,,r¾
°'-~ v-Jet.fu- , A Q _ ~ f"'q- OL i;J~Lvf{~ ·
A. Ol~ L<.~Q F~~ ~~t ~ f ~ ·
/3. &'IA,~"- w-'i» ~-t O "'-' f ~'D ;,J~ ~ A...<1._t_,t(J.L
f . , ~ di ko~'t- lo o O
~._Qp,;,_1 ( l'Y"v.,_ p ~- '.i'.l)
] , J;x_ltc II.. t. 0 a_
I{ /J v S C ti) l) f'G.6G fl ½ ~ - - +Du
C' O>-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 '!<TC ill Q/2_
~ o-t Jtit'-l ~ ~ .Aittu uR- ~ {°f-
~~.
(4, ~J~~~o-v:J-i~~
WnJL. ~ - $?GJ1t ~ - ~ - q_ ~
Pot-d..
f.)< 1612-;oR..., - Ftton.J1
~ 1 ~ ~ ~ ~ ort_ l l ' - l ~ ~ Roi bJ,s
__ 1. L
1 t;it_,_,_t'--• ---F~ f'~
R~ ~ ~ ~~,~ -~ k "Z~~
/. 0~ ~-tv.)'4-- ~ ¼~~ ~t._, . ( flo /l4,_]
p01-cA. ~ b.eP-,J c.$\ ~ J
d. T ~ " ' fr\~ ~ JL,J,~ o:1--1 po~
~w-u,LZf- ( P0~ 7)
NJ.~~
'?i . =i-O'h--.!w h\o---L.-~ %.-cf- c¼ )tJ~,ih,._fG b_ '19 _fr\.~--R, ,cl
1. J~l'J ~~·1.fr--e..z_ -0,,, ~ .
~ ~ .'le.~-iv-Q_
7
~ tr/w,,_ k-.J-,._J , s ~ ~ r-tw----':t pau,,t.._ "6-- s--?TU..f pNt- ~ ,
ti..d v','-.U.Z ~ o-V;d 07- ~~,
\ffirnuti\t Action
tlobi .. !4-6.,0J
F\\, i!,4-.6790
\;,5tSSOr
b I 6/'"2-4-s6 708
F \.X. "'1l-4-s6i68
C,metery
6t6n24-678J
FAxn2l-U88
Civil S,nice
6t6nU-6716
FA.\'./72 ...,9-0 West Mlcblgan's Sllordlne Oty =
Clerk
616 m ..• 7os
FAxnZ4-6768
March 22, 2000
Comm. & Neigh.
S,niccs
6l6n24-6717 Ms. Marva Knight
FA.Xn24-6790
328 Myrtle
Engineering Muskegon Ml 49442
616nZ4-6707
FAxn24-6790
Subject: 328 Myrtle, Muskegon Ml
Finance
6t6n24-67l3
Fj.XJ714-6768
Dear Ms. Knight:
Fire Dept.
6 l 6n:U-6792
FAX/724-6985
On April 16, 1999, Building Permit# 99-252 was issued to you. We have not heard
from you since then and have seen no progress made toward the letter we received
Income Tax
6t6nZ4-6770 from you regarding a work schedule back in February of 1999.
FAXi7l4--6768
Info. Systems Please contact Jerry McIntyre, Building Official at (231) 724-6715 as soon as you
6!6nU,6975
FAX1724-6768
receive this letter regarding the above Permit and work schedule. Failure to contact the
office will result in the subject property being reviewed by the Housing Board of Appeals
L,isure Senicc
6l6n24-6704
for Demolition.
?~ Q
FAX/724-6790
M,nagec',OfficeSincerely,
•1•m,..,2,
FAX1724-6790 , r;s_ <y\, j , , -.
D~
,\layor's Office ' ~~ ,._ -
6!6/724-6701 • ,
FAX/724-6790 R bert B. Grab1nsk1
Neigh. & Const.
Fire Marshal/Inspections Services
Services
6!61724-6715
FAX/724-6790
Planning/Zoning
616n24-6102
FAXf7U-6790
Police Dept,
616n24-61so
FAxnll-5140
Public Work!
6t6nz4-4100
FAX1722-4188
Treasurer
6t6nU-6720
FAX/724-6768
\ \1.ater Dept.
6t6nU-6718
FAX/72-4-s6768
\\ lier Filtration
bib. 7!4-410<,
i: \ '\: '"'!i~!\!9() City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
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 # 99-38, aka, 1060
Williams.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1060 Williams 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 Budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A Dangerous Building Inspection was conducted on 5/13/99. A Notice
and Order was first sent in June 1999. Upon receipt of this order, Mr.
Miles, the owner, wrote a note on the Dangerous Building Inspection
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 8/16/99. On 12/10/99 Mr. Miles called the Inspections
Dept. and stated that he had a contract with Fredricks to start repairs
after the New Year. Mr. Miles was given until 1/31/00 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 3/23/00 and the case went before the Housing Board of Appeals on
4/6/00. Mr. Miles was not at the meeting. The Board declared it a
dangerous building and forwarded to the City Commission for
Concurrence. Mr. Miles stopped in the Inspections office on 4/24/00.
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 meeting on June 13, 2000. 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
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
Mflnnatlve Action
6161724-6703
I Ass<ssol'
6161724-6708
C.metecy
6161724-6783
Civil Service
6161724-6716
NOTICE AND ORDER
Clerk
6161724-6705
June 2, 1999
C. N. Services
6161724-6717
Eugene Miles
2428 Seventh Street
Engineering Muskegon Heights, Mi. 49444
6161724-6707
Dear Property Owner:
Finance
6161724-6713
Subject: l 060 Williams
W ½ Lot 6, Block 69
Fire Dept.
6 I 61724-6792
The City of Muskegon Building Official has recently inspected the subject property and has
Income Tax
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
6 I 61724-6770 Code. ·
lnspecllons As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
616/724-6715 structures within thirty (30) days.
Leisure Service If you elect to repair the structures, you must secure all required permits and physically
6161724,6704
commence the work within thirty (30) days from the date of this order.
Manager·s omce Should you have any questions concerning this matter, please do not hesitate to contact our
6161724-6724
Building Official, Jerry McIntyre at 724-6715.
Mayor's Office
6161724•670 I Sincerely yours,
Planning/Zoning
6161724-6702
Daniel Schmelzinger
ronce oept. Director, Neighborhood and Construe ion Services
616/724-6750
C: Clemen;t.lne M.lle.o
IMC Mo~;tgage Co., 3450 Cu.ochwood Pa~k V~. S;te 250, Tampa Fl.
Public Works
6161726-4786
Treasurer
616/724-6720
Waler Depl.
6l61724-6718
Oty of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon. Mlchlgan 49443-0536
DANGEROUS BUILDING INSPECTION
5/13/99
1060 WILLIAMS
RESIDENTIAL DWELLING
I. Foundationwallblockisinneedofrepairl_ /,v'~ £ Nt-Lf' flL)
2. Siding missing from home. /~J.,_. ;
3. Broken out windows. y--- - ; ;}-0 ( I 9 9 7'
4.
5.
Screensfallingoutofwindowframes.
Roof damage at ridge - soffit.
r
___J A:11,
W
/
--;,y
.
t u ~ 1,-(!_,
/J -4 / .
. ,()o-JL- ·<!Jc.r; , I 19 o 0
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE I I
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.
ALTINOWSKI, BUILDING INSPECTOR
CITY OF MUSKEGON INSPECTION REPORT
lay 20, 1999 AT 10:28 a.m. FOR WILLIAMS 1060
flNM.
--
PAGE 1
b Cat Violation
:== ===
1
-------------------------------:-============--------------=====c
NOTE: Effective JLme 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
property have been paid in full.
2
NOTE: Code requires owners to notify City in writing within
10 days of transfering ownership. Notice must include name,
address and phone number of new owner.
3 B EXTERIOR
Siding has holes in it or is rotted or missing.
4 B EXTERIOR
Foundation walls have missing mortar or open cracks.
5 B EXTERIOR
• • Window has glazing that is missing or deteriorated.
6 B EXTERIOR
Siding corners are missing.
7 B EXTERIOR - EVES AND SOME TRIM
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
8 B EXTERIOF: - NORTH
Light fixture globe is broken or missing.
9 B EXTERIOR - NORTH
Light fixture is broken or loose.
10 A EXTERIOR - NORTH PICTURE
Window has broken or cracked glass.
11 A EXTERIOR - NORTH UPPER
Window has broken or cracked glass~
12 E< EX TER r OF: - S . E .
~lindow is closed off and the material used does not blend
i,.,iith the siding.
13 A EXTERIOR - SOUTH ENTRANCE
Door glass cracked or broken.
14 8 EX TERI OF: - l•JEST
Has eave boards that are rotted or missing.
15 B EXTERIOR - \>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 <Le,,;,.,., - U,t.J ~ f ~ - ~.J. w.J..-l ~ru¼, i ~l
• ' < ~ A ~ .l.- .R ~
• ~ $ 6 /L'J4r{,...
\ffirn1Jl!\e .-\ction
O\b1".'14-6~0J
F.\\. . '.'2+-6"'90
\SSC$Sllr
016172-1•6708
F.\X. 7!.f.6ib8
Cemetery
616/72-1-6783
FAX/722•tl88
Civil Sen-·ice
616/7U-6716
FAX/72-1-6790 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/72-1-tl78
MUSKEGON HOUSING BOARD OF APPEALS
Comm. & Neigh.
Services
616/72-1-6717 DATE: April 10, 2000
FAX/726---2501
CASE: 99-38 - 1060 Williams
Engineering
616/72-1-6707
FAX/72-1-6790 Mr. Eugene Miles
Finance
2428 Seventh Street
616/72.i..6713 Muskegon Ml 49444
FAX/72-1•6768
e;,,o,.,. FINDING OF FACTS AND ORDER:
616/72-1-6792
FAX/72-1-6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of Appeals
616/72-t.6770 held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on April 6, 2000. The
FAX/724-6768
Inspection Services Department of the City of Muskegon, having inspected the building
Info. S)·stems structure located upon the property described as North ½ Lot 6, Block 69, also known
616/72-1-6975
F AX/72-1-6768
as, 1060 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 Ordinances.
Leisure Sen-·ice
616/72-1•670-I
,u17 u., 79 o The Board further found that these conditions exist to the extent of endangering life,
·'''""'"'' arr," safety and the general welfare of the public.
616/724•6724
F.-\X/7U.6790
Ther,,for, in accordance with Section 4-25 of the Code of Ordinances, the structure is
,\tayor's Office
616/724•6701
declared to be unsafe, substandard and__public nuisance.
FAX/724-6790
.\eigh. & Const. It is, therefore, ordered that the owners or other interested parties take such action to
Sen ices rep a:,- or remove said structure, or appeal this order within 20 days of the receipt of this
616/72-1•6715
FAX172-1-6190 order.
Planning/Zoning
616/72-1-6702 It is further ordered that if the owners or other interested parties fail to repair or remove
FAX/72-1-6790
said structure, or appeal this order within 20 days of the receipt of this order, the
Police Dept. Building Official shall take bids and remove said structure.
616/72-1-6750
FAX/722-51-10
Public Works
6 I 6/72-H !00
FAX/722--HBB
Treasurer
616/72-1-6720
FAX/72-1-6768
Water Depl.
616/72-1-6718
FAX/724.6768
\\ .iter Filtr,1tion
016 n-1 . .-106
F.-\.\, -;-:-,s.sno City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon, MI -19-143-0536
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
·•
.______/
~
--
.,..,..
I I~~,
n-.1111
••
~
~
]
'v
~
I' 0
. ~
I
~
-
()
.-5
-
()
Date: July 11, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk t
RE: 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 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 a increase in
taxi cab rates. Gas prices have already dropped over $ .25 per gallon
since the request was submitted, and other communities we have
checked for rate structure have not increased their rates.
R£Cf!V£o
JUN 12 2000
City c
,Tune 12, 200 0 lerks Office
To: City Comm.is.'3 i on ) .
Due to t he overwhelming increase in gas prices, we at Port City Cab and Yellow
Cab would like to propose a temporary increase .in meter rates.
The present rate is $1.65 meter drop and $1.50 a mile (the first mile is $3.15
and $1.50 a mile afterwards).
What we propose is $1. 90 meter drop and .n. 75 a mile afterwards , which would be
a raise of 25 cents on the meter drop and 25 cents a mile raise.
If any questions or comment.'3 ari se , pl ease call me at 722-2150.
Sincerely,
7,=.~~
Port City Cab/Yellow Cab
pcrv\ (,ct..,~ C ,...t,,
•l Y I -- 'l l 1., I
06/ 26100 13:24 FAX 616 456 4607 GR CITY CLERK ~00 2/0 02
CITY OF GRAND RAPIDS, MICWGAN
AUTHORIZED ·MAXIMUM TAXICAB RATES
First 2/9 mile or fraction thereof ••••••••••••••••••• $1.65
Each additional 1/9 mile or fraction thereof ........ 17 cents
Each 90 second~ waiting time or fraction thereof •••• 28 cents
NO CHARGE FOR EXTRA PASSENGERS
Above rates authoriud by the Grand Rapids City Commission
Effective January 1, 1998
This card must be displayed In a conspicuous place inside of taxicab
/.S3 <;w,, ~ )
I I, ~ 0 (fUA Auwl- ~ ~)
IUN-26-00 MON 12:34 PM KA:. CIT! CLERK ~AX N~ 6163~78•94 p 3
•
CITY OF KALAMAZOO, .MICHIGAN
RESOLUfION NO. ~ 5 5
A RESOLUTION ESTABLISHING RATES OF FARE
FOR VEIDCLES FOR HIRE
Minutes of a reg,, J er mee1lng of the City Commission of the City held on
..,J.llilD....-L......------· 1998, at :i: oo o'clock p_m,, local time, at City Hall.
PRESENT, Commissioners: Cooney, Gordon, Hahn, Heilman, Teeter,
Vice M~yor McKinney, Mayor Jones
ABSENT, Commissioners: None
The following preamble and resolutic>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<Jth day of November, 1998.
Ayes: Michalski, Nielsen, Pleimling, Shepherd, Sieradzki, Aslakson, Benedict
Nays: None
Excused:
Absent:
erk
CERTIFICATE
STATE OF MICHGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy ofa resolution adopted at a meeting of the City
Commissioners of the City of Muskegon, Michigan, held on the 10 th day of November, 1998, and that the minutes of
the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976. /
-~ ' Q \~ ~
~ L ~- ~ ; y ' - '
. Gail A. Kundinger, City Clerk (j I
~
STATE OF MICHIGAN ss .
County of Mui;kegon
______G...;a.;.;..rY: Ostrom being duly sworn deposes
and says that he is the Publisher of the MUSKEGON CHRONICLE, a
:: .:,, · -..:.·-CITY OF MUSKE ON
:: . . PUBLIC NOTI E newspaper printed and circulated within said County of Muskegon; that the
'.' The City of Muskego hereby gives
:Notice:.to-the Public tha a hearing will annexed notice was duly printed and published in said MUSKEGON
;ba held in the City C0m issiQll_Cham-
;bers~ first floor, Mus~ gon City Hall,
CHRONICLE foe O'("\e ( \) dayls); that is to say, on
:933 Terrace Str
;p.m,,Juesday November 10, 1 , on
t 5:30 the · la+h. .
dav(s) of NoD~.....,.._'2"'-v-
193-1 , and
(the proposed m9reas_ e of taxicab the _ _ _ __ _ _ _ _ day(s) of _ _ _ _ _ _ _ _ _ 19_ , and
1.tffes. ·
t ;: . ADA POLICY . that said pubHcation was continued during said time without any
, ,;~e,.
~ 9)~ will provide. nece~sary ap-
[pfopfiateiauxiliary aids and services to intermission or omission, and that he has a personal knowledge of the facts
tindividuafs with disabilities. who wan1
\t{I, i!~!l.l'!cl the meeting, upon twenty- above set forth.
:touf-(24Jhour notice to the City of Mus-
✓4~~
:~~gOr:P. e_iease contact Gail Kundinger,
l:Cify ,cJ!ilr:k, 933 Terrace Street, ~~
·J<~goh, Ml -49440 or by calling ~ )
:1_24~6705 or TDD ~ 724-6773.
'.· ,, :·-·, :·-: GAIL KUNDINGER
; '... · · ~ ::
l'.PUBLISH:-Ncr:ecLe;
Muskegon City Clerk
o ' es Subscribed and sworn to before me this b-\-\.-. day
of \':\ o v Q_ rn.b 12. x:
Printer's fees: _____inches times,$
JULIB BAKER
Notarv Public,Muske~on Coun ty, l'-'l1
l\.1v Commission Expires 0! -'.::<;. ::.1:·) I
AUGUST 1, 1998
PORT CITY CAB & YELLOW CAB
l'vt.lSKEGON CITY COMvtlSION
l'vt.lSKEGON, Ml.
TO THE COMvtlSION BOARD:
We l"IOUld ike to put in a request for an increase in Cab Fares.
We are requesting this increase because we have not had one in
fNe years.
We are asking an increase of:
$1.65 for Flag Drop
$1.50 per Mi.
$12.00 for an hour of Waiting nme.
We hope you find this a fair increase and grant it to us.
Thank You for your lime.
TOM WAKEFIELD, OWNER
/,)J '-~ :'7
/.~ /lkLlc
CITY OF GRAND RAPIDS, MICHIGAN
AUTHORIZED MAXIMUM TAXICAB RATES
First 2/9 mile or fraction thereof •....•.•••..••.•. .$1.65
Each additional 1/9 mile or fraction thereof •.••. .17 cents 1.S'.J
Eaclf 90 seconds waiting time or fraction thereof • .28 cents ,,,-i. f-1'
• I~
NO CHARGE FOR EXTRA PASSENGERS
Above rates authorized by the Grand Rapids City Commission
Effective January 1, 1998
This card must be displayed in a conspicuous place inside of taxicab
- - -··---~ ~-·-·-·. - --- -·-·-----·-------------"'·---
.
City of Kalamazoo
.
Taxi Cab Driver
Rate l:qcreased
September l,1998
. 1.65
To Enter C11b
. 0.15
Each Additional 1/W of a miie . . . . ..
. l.00
Additional passengers (over 12 years old) ...
(Picking up·at same location and transperJ:ingtn<same destitiatioti:I .·
(Under 12years old ride free must be accompanied by.an adult}
'vVaiting T:me . Free
f;rst 3 minuetes (while loading) 0.30
Ead; additional minuet~. 18.00
Per Hour.
Miuimum Fares 3.00
Inside City Limits - Daytime . 4.00
Inside City Limits - Nighttime . . 7 00
Kalamazoo/Battle Creek Airpo.rt
Trips beyond lO miles from KalamazQo City Limits, Meter and One Half
Chapter 23
VEHICLES FOR HIRE*
Art. I. In General, §§ 23-1-23-15
Art. II. Taxicabs, §§ 23-16-23-67
Div. 1. Generally, §§ 23-16-23-37
Div. 2. License, §§ 23-38-23-54
Div. 3. Driver's Permit (Taxicab), §§ 23-55-23-67
Art. III. Horse-Drawn Vehicles For Hire, §§ 23-68--23-75
ARTICLE I. IN GENERAL
Sec. 23-1. Penalty for violation of chapter.
Any person who violates or fails to comply with any provisions
of this chapter shall be responsible for a civil infraction.
(Ord. No. 1092, § 42, 8-22-95)
Editor's note-Ord. No. 1092, § 42, adopted Aug. 22, 1995, amended§ 23-31
to provide for violation of any provision of this chapter. It should be noted that §
23-31 resides in Art. II, Taxicabs, and formerly consisted of penalty provisions
specific to that article. In order to provide better classification, and to facilitate
indexing, reference, and use, the editor, at his discretion, has redesignated the
provisions enacted by§ 42 of Ord. No. 1092 as a new § 23-1.
Secs. 23-2-23-15. Reserved.
ARTICLE II. TAXICABSt
DIVISION 1. GENERALLY
Sec. 23-16. Definitions.
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
Driver means any person who drives a taxicab.
*Cross reference-Traffic, Ch. 20.
tCross references-Animals and fowl, Ch. 3; changes in Uniform Traffic
Code, § 20-6.
Supp. No. 50 1579
§ 23-16 MUSKEGON CODE
Driver's permit means a permit issued by the city clerk
permitting the holder thereof to drive a taxicab.
For hire means for remuneration or reward of any kind, paid or
promised, either directly or indirectly.
License means a license issued by the city commission autho-
rizing the operation of taxicabs.
Owner means any person to whom a taxicab license has been
issued.
Rate card means the card issued by the city to a licensee for
display within each taxicab, stating the schedule for fares charged.
Taxicab means any motor vehicle designed to carry six (6)
passengers, or less, excluding the driver, operating on the public
streets, alleys and quasi-public places of the city, and excepting
passengers for transportation for hire on call or demand, between
such points as may be directed by the passenger or as may be
determined by the operator. The term "taxicab" shall include
nonmotor vehicles operated under the said conditions, including
those propelled by horses or other animals.
(Code 1958, § 6-501; Ord. No. 1003, § 1, 6-12-90; Ord. No. 1054, §
1, 7-27-93; Ord. No. 1136, 10-14-97)
Sec. 23-17. Numbering.
Each taxicab shall be numbered and the number shall be of
such size as to be readily seen, and shall be inscribed on both the
inside and outside of the cab.
(Code 1958, § 6-527)
Sec. 23-18. Inspection and maintenance by owner.
The owner of each taxicab shall examine and inspect such
taxicab as to its mechanical condition, the brakes, power and
lights, in such manner and with such frequency as to insure
safety and dependability to patrons and the public, and each
taxicab shall be maintained at all times in a dependable, work-
able and safe condition. Records of such inspections, the defects
Supp. No. 50 1580
VEIDCLES FOR HIRE § 23-22
found and repairs made shall be kept on file by the owner for each
taxicab and such records shall, during ordinary business hours,
be open for inspection by any member of the police department.
(Code 1958, § 6-527)
Sec. 23-19. Periodic inspection by police.
Any police officer designated by the chief of police may, at any
time, inspect any taxicab licensed under this article, and its
equipment, and report the result of such inspection to the chief of
police. If such a taxicab is found to be lacking in any of the
requirements set out in sections 23-18 and 23-40, the chief of
police may recommend to the city commission, through the city
manager, that the license for such taxicab be suspended or
revoked.
(Code 1958, § 6-504)
Sec. 23-20. Determination of rates of fare.
All fares and charges for the use of taxicabs shall be deter-
mined by resolution of the city commission following a hearing
held by the commission at a regular meeting. All taxicab licensees
shall be notified of any such hearing by mail.
(Code 1958, § 6-523)
Sec. 23-21. Taximeters.
Every taxicab operated under the provisions of this article
shall have affixed thereto a taximeter of a size and design
approved by the city commission. No licensee or driver shall
operate any such taxicab for hire unless the taximeter affixed
thereto shall be in workable condition, placed in operation while
engaged for hire, and be no more than five (5) per cent incorrect
to the prejudice of any passenger.
(Code 1958, § 6-524)
Sec. 23-22. Rate card.
The city clerk shall, at the time of issuing each taxicab license,
deliver to the licensee a rate card stating the rates of fare
Supp. No. 50 1581
§ 23-22 MUSKEGON CODE
prescribed under section 23-20. Such rate card shall at all times
be plainly displayed in view of any passenger seated within the
taxicab so licensed.
(Code 1958, § 6-525)
Sec. 23-23. Charging excess fare.
(a) The charges determined pursuant to section 23-20 shall be
the maximum charges for taxicab service and no taxicab owner or
driver shall charge, demand or receive any charges in excess
thereof.
(bl Both the owner and the driver shall be liable to the
passenger for any excess in any fare demanded and received over
the rates established, provided a written demand for refund is
mailed or delivered to the owner within seven (7) days after the
claimed overcharge, which demand shall specify the point of
pickup, the point of delivery, date, approximate hour, amount of
fare demanded and paid, and identity of the driver by his badge
number or the vehicle by its taxicab license number.
(Code 1958, § 6-526)
Sec. 23-24. General operating standards.
Each taxicab shall be operated in accordance with the laws of
the state and the ordinances of the city, with due regard for the
safety, comfort and convenience of passengers and for the safety
of the general public. No taxicab shall be operated at a rate of
speed greater than that established by state law or by the
ordinances of the city.
(Code 1958, § 6-528)
Cross reference-Traffic, Ch. 20.
Sec. 23-25. Regulations pertaining to passengers.
No driver or licensee of a taxicab shall refuse or neglect to
convey any orderly person upon request by signal or telephone
call, unless the taxicab is previously engaged. When a taxicab has
been engaged by a passenger, no additional passenger shall be
conveyed except with the express consent of the first passenger.
Supp. No. 50 1582
VEHICLES FOR HIRE § 23-29
No driver shall convey any person except farepaying passengers.
No passenger shall occupy the front seat when space remains
available in the rear of the taxicab.
(Code 1958, § 6-531)
Sec. 23-26. Articles left in vehicle by passengers.
Every driver of a taxicab shall search the interior of his taxicab
at the termination of each trip for any article of value which may
be left in his taxicab by a passenger. Any article found therein
shall be immediately returned to the passenger owning it, ifhe is
known; otherwise it shall be deposited with the licensee of the
taxicab not later than at the conclusion of the driver's tour of duty
that day. A report of the finding and deposit of such article shall
be made by the licensee within twenty-four (24) hours thereafter
to the police department.
(Code 1958, § 6-530)
Sec. 23-27. Driver's dress and cap.
Drivers of taxicabs shall be clean in dress and in person, and
shall wear a distinctive cap at all times while operating a taxicab.
(Code 1958, § 6-529)
Sec. 23-28. Driver's conduct generally.
No taxicab driver, while waiting for or trying to obtain employ-
ment, shall sound any horn or similar device, or call loudly for
passengers or patrons, or in any wise deceive any customer or
person seeking information; nor shall he convey any person or the
baggage of any person, except on request of that person; nor shall
he commit any disorderly, boisterous, improper or uncivil act; nor
shall he use any indecent, immoral or insulting language to or in
the presence of any person.
(Code 1958, § 6-534)
Sec. 23-29. Use of alcohol or drugs by drivers.
No taxicab driver shall drink beer, wine, spirits or other
alcoholic beverages or liquors while on duty, nor shall he operate
any taxicab while under the influence of narcotics or alcoholic
liquors.
(Code 1958, § 6-532)
Cross reference-Driving while under influence of or while ability imprured
by alcohol or drugs, §§ 20-64, 20-65.
Supp. No. 50 1583
VEHICLES FOR HIRE § 23-39
(3) Whether there are any unpaid judgments of record against
the applicant, and if so, the title of all actions, the amount
of all judgments unpaid and the court in which the same
were rendered.
(4) The experience of the applicant, both in the city and
elsewhere, in the operation of taxicabs or other common
carriers.
(5) Whether or not the applicant for such license, or if a
partnership or corporation, any of the partners, officers or
directors thereof, has ever been charged with, convicted of
or pleaded guilty to any felony or misdemeanor, and if so,
the date, nature of the offense and the court in which such
charge was made, conviction was obtained or a plea of
guilty was entered.
(6) The place within the city, or elsewhere, where the person
applying for such license proposes to establish his office
and from which he proposes to operate such taxicabs.
Supp. No. 50 1584.1
§ 23-30 MUSKEGON CODE
Sec. 23-30. Use of vehicle for immoral or illegal purposes.
No owner or driver of a taxicab shall use, or permit the use of,
any taxicab for immoral or illegal purposes.
(Code 1958, § 6-533)
Sec. 23-31. Reserved.
Secs. 23-32-23-34. Reserved.
Editor's note-Ord. No. 1136, adopted Oct. 14, 1997, repealed former §§
23-32-23-34, which pertained to horse-drawn taxicabs, and derived from Ord.
No. 1003, adopted June 12, 1990.
Secs. 23-35-23-37. Reserved.
DMSION 2. LICENSE
Sec. 23-38. Required.
No person shall operate, or cause to be operated, any taxicab in
the city without having first obtained a license to operate such
taxicab.
(Code 1958, § 6-502)
Cross reference-Licenses generally, § 5-21 et seq.
Sec. 23-39. Application generally.
Any person desiring a license to operate a taxicab on the
streets of the city shall file with the city clerk a sworn application,
on forms to be furnished by the city, which application shall
contain the following:
(1) The name, age, residence and present occupation of the
person applying for such license. If the applicant is a
partnership, the names, addresses and occupations of all
partners shall be stated; and if the applicant is a corpo-
ration, the names, addresses and occupations of all the
officers and directors thereof shall be stated.
(2) The make, body style, year, serial and engine numbers,
state license plate number, seating capacity and weight of
the taxicab for which such license is sought.
Supp. No. 50 1584
VEHICLES FOR HIRE § 23-40
(7) The number of taxicabs operated or intended to be
operated by the applicant pursuant to the provisions
of this article.
(8) Whether the applicant is the owner of the taxicab
proposed to be operated under the license, and if not,
the name of the owner thereof.
(9) Whether there are any liens, mortgages or other
encumbrances, including conditional sales contracts,
on such taxicabs, and if so, the amount and character
thereof and the name of the holder thereof.
(10) Such other information as the city commission may,
in its discretion, require.
(11) The applicant's annual financial and profit and loss
statements covering his operations during the last
preceding fiscal year shall be attached to and made a
part of such application (Code 1958, § 6-503)
Sec. 23-40. Investigation of applicant and inspection
of vehicle; recommendations of chief of
police.
The city clerk shall transmit each application for a license
under this division to the chief of police, who shall cause an
investigation to be made of the character, fitness and
qualifications of the applicant and the fitness of the
proposed taxicab for use as such. No taxicab shall be
licensed until it has been inspected by a police officer
designated by the chief of police for that purpose and found
to be in safe condition for the transportation of passengers,
clean, of good appearance and well painted or lacquered and
until the taximeter attached to such vehicle has been tested
and found , to be accurate. The chief of police may
recommend to the city commission that it refuse a license
for any vehicle which does not conform with these
requirements. The chief of police shall thereupon transmit
such application, together with his recommendation there-
on, to the city commission through the city manager. (Code
1958, § 6-504)
1585
§ 23-41 MUSKEGON CODE
Sec. 23-41. Commission action on application.
If the city commission determines that the applicant for a
license under this division is a suitable person, and that the
taxicab proposed to be licensed is a suitable vehicle for such
purpose, it may authorize the issuance of the license. The
city commission may refuse to grant such authorization
when, in its judgment, the owners already licensed are
adequately serving the needs of the public, or when, in its
judgment, there are existing transportation facilities reason-
ably sufficient to serve the public demand, or when, in its
judgment, the use of the streets of the city by additional
taxicabs would interfere with the public use of such streets
or congest traffic, or when, in its judgment, no sufficient
showing is made of public convenience and necessity. (Code
1958, § 6-504)
Sec. 23-42. Applicant's insurance.
(a) No license shall be issued under this division until the
applicant obtains and files with the city clerk a policy of
liability insurance, issued by an insurance company
authorized to do business in the state, for each taxicab to be
licensed.
(b) Such policy of insurance shall insure the applicant
against liability for personal injury to any passenger or to
any member of the general public, or any damage to
property, resulting from an accident in which such taxicab
may be involved through the recklessness or negligence of
its driver, operator or owner.
(c) Such policy shall provide minimum insurance protec-
tion for each taxicab in the amount of twenty-five thousand
dollars ($25,000.00) for injury to, or death of, one person, and
fifty thousand dollars ($50,000.00) for injury to, or death of,
more than one person resulting from a single accident, and
ten thousand dollars ($10,000.00) damage to property,
including personal belongings or baggage of passengers, as
a result of one accident.
(d) Such policy of insurance shall provide for continuing
liability thereunder to the full amount thereof, notwith-
1586
VEHICLES FOR HIRE § 23-45
standing any recovery thereon, and that the insolvency or
bankruptcy of the insured shall not release the insurance
company.
(e) Such policy shall further provide that it shall not be
cancelled, surrendered or revoked by either party except
after ten (10) days written notice to the city furnished by the
insurance company issuing such policy. The cancellation,
surrender or other termination of any insurance policy
issued and filed in compliance with this section shall
automatically terminate the license of any licensee covered
by such insurance policy, unless another policy complying
with this section shall be in effect and deposited with the
city at the time of such cancellation or termination.
(f) No license shall be issued, until the policy of insurance
has been found, by the city attorney, to comply with the
terms of this section and has been approved by the city
commission. (Code 1958, §§ 6-505, 6-513)
Sec. 23-43. Issuance.
If the city commission authorizes the issuance of a license
under this division, the city clerk shall issue the license,
upon the filing of the policy of insurance required by section
23-42 and the payment of the fee prescribed in section 5-84
of this Code. (Code 1958, §§ 6-504, 6-505)
Sec. 23-44. Procedure for operation of more taxicabs
than specified in license.
If the holder of a license issued under this division desires
to operate taxicabs in addition to the number specified in
the license, he shall make application on forms obtained
from the city, which forms shall contain the information
required under subsections (2), (8), (9) and (10) of section
23-39, file the insurance policy required by section 23-42 and
pay the fee prescribed by section 5-84 of this Code. (Code
1958, § 6-508)
Sec. 23-45. Transfer from person to person prohib-
ited; change of ownership of licensed
taxicab.
(a) Licenses issued under this division shall not be
transferable from person to person. A transfer or attempted
1587
§ 23-45 MUSKEGON CODE
transfer thereof to any other person shall automatically
revoke the license.
(b) Loss or surrender of the absolute right to possession of
any taxicab shall automatically revoke any license previ-
ously granted for the operation of such taxicab, and the
purchaser thereof shall not operate such taxicab until he
has applied for and been granted a license under the terms
of this division and he has complied with all the terms of
this article. (Code 1958, §§ 6-509, 6-511)
Sec. 23-46. Transfer to another taxicab.
The owner of any licensed taxicab may have the license
transferred to another vehicle by filing with the city clerk a
request therefor, stating the make, year, body style, engine
number, serial number, state license plate number, seating
capacity and weight of the vehicle to which he proposes to
have such license transferred. No transfer of a license shall
be made until the chief of police has notified the city clerk
that the new vehicle is a proper vehicle for taxicab
purposes, and no transfer of a license shall be made unless
the original taxicab upon which such license was issued
shall be retired from taxicab service. (Code 1958, § 6-510)
Sec. 23-47. Expiration.
All licenses issued under this article shall expire on May
first following the issuance thereof. (Code 1958, § 6-506)
Charter reference-Mandatory expiration of licenses, Ch. XVII, § 1.
Sec. 23-48. Suspension or revocation.
Licenses issued under this division may be suspended or
revoked by the city commission at any time if:
(1) The commission finds that the information contained
in the application for such taxicab license was false or
misleading;
(2) The commission finds that the owner or any driver in
his employ repeatedly has failed to operate the taxicab
so licensed in accordance with the provisions of this
article;
1588
VEIITCLES FOR HIRE § 23-56
(3) The owner shall cease to operate any taxicab for a period
of thirty (30) consecutive days without obtaining permis-
sion for cessation of such operation from the city man-
ager;
(4) The commission finds that the licensed taxicab is or has
been operated at a rate of fare higher than that estab-
lished and stated on the rate card issued under this
article;
(5) The commission finds that the licensee or any driver in
his employ has repeatedly violated any of the provisions
of the traffic ordinances of the city, laws of the state, or
regulations of any commission or bureau of competent
jurisdiction, while operating a taxicab licenJ:!ed under this
article.
(Code 1958, § 6-512)
Secs. 23-49-23-54. Reserved.
DMSION 3. DRIVER'S PERMIT (TAXICAB)*
Sec. 23-55. Required.
No person shall drive a taxicab on the streets of the city
without first having obtained a driver's permit from the city clerk.
(Ord. No. 946, 4-28-87; Ord. No. 1003, § 5, 6-12-90; Ord. No. 1136,
10-14-97)
Sec. 23-56. Application.
Any person desiring to drive a taxicab shall file with the city
clerk, on forms to be furnished by the city, a sworn application for
a permit, stating the following:
(1) The name, age, date of birth, residence and present
occupation of the applicant, and his places of residence for
five (5) years immediately preceding the date of applica-
tion.
*Editor's note-Ord. No. 946, adopted Apr. 28, 1987, repealed Div. 3, §§
23-55-23-65, pertaining to a taxicab driver's permit, which was derived from
Code 1958, §§ 6-516-6-520; Ord. No. 926, adopted Apr. 22, 1986; and Ord. No.
927, adopted Apr. 22, 1986; and added a new Div. 3, §§ 23-55-23-66, as herein set
out.
Supp. No. 50 1589
§ 23-56 MUSKEGON CODE
(2) The applicant's social security number and the number
appearing on his or her chauffeur's license.
(3) The experience the applicant has had in operating auto-
mobiles, taxicabs or other vehicles used in carrying pas-
sengers for hire.
(4) Whether or not such applicant has ever been convicted of
any felony or misdemeanor; and, if so, the date, nature of
the offense, the court location, municipality and state or
county in which such conviction occurred.
(5) A statement by the applicant informing the city whether
he or she has ever been convicted of a drinking and
driving related offense.
(6) Whether any chauffeur's or operator's license issued to
the applicant has ever been suspended or revoked, and if
so, for what cause.
(7) A photograph measuring at least two (2) inches by three
(3) inches, showing a full face and shoulder likeness of the
applicant, together with written evidence proving that
the photograph was taken during the period of three (3)
years or less prior to the date of application. Said photo-
graph must be suitable for mounting on the license to be
issued to the taxicab driver and displayed in the taxicab
at all times.
(8) Such other information as the city commission may, in its
discretion, require by resolution.
(Ord. No. 946, 4-28-87; Ord. No. 1003, § 6, 6-12-90; Ord. No. 1054,
§ 2, 7-27-93; Ord. No. 1136, 10-14-97)
Sec. 23-57. Investigation of applicant and action by the
chief of police.
The city clerk shall forward a filed application to the chief of
police, who shall cause an investigation to be made of the
character and fitness of the applicant using the application and
such information as is available to the chief of police, relevant to
the standards for issuance of permits under this division. After
review of the application and the information resulting from the
investigation, the chief of police shall determine in accordance
Supp. No. 50 1590
VEHICLES FOR HffiE § 23-60
with the standards of this division whether or not a driver's
permit shall be approved. If approved, the permit shall be issued
upon the payment of the fee thereof.
(Ord. No. 946, 4-28-87)
Sec. 23-58. Disapproval by chief of police, review hearing;
appeal.
If the chief of police disapproves the issuance of a permit, he
shall issue in written form his disapproval together with a
statement of the reasons therefor, informing the applicant the
basis of said disapproval. The applicant may within ten (10) days
of the mailing or personal delivery of the notice of disapproval,
request in writing a review hearing to be held. Said hearing shall
be held before a hearing officer, appointed by the city manager,
who shall consider all information and evidence reasonably made
available by the chief of police and by the applicant, and review-
ing same based upon the standards set forth in this division shall
make a determination whether to issue or deny the permit. The
chiefs written reasons for denial shall be considered as well as
any other evidence brought before the hearing officer by either
side. The applicant shall be given notice by mail to the address on
the application, of the time and place of the hearing, said notice to
be mailed at least ten (10) days before the hearing. The applicant
may have counsel appear with him or her.
(Ord. No. 946, 4-28-87)
Sec. 23-59. Denial by hearing officer; court action.
If after holding the hearing, the hearing officer determines to
deny the issuance of a permit, an aggrieved applicant shall have
the right to file a complaint in circuit court to review the denial of
the permit.
(Ord. No. 946, 4-28-87)
Sec. 23-60. Fee.
The fee for each original taxicab driver's permit shall be ten
dollars ($10.00).
(Ord. No. 946, 4-28-87)
Supp. No. 50 1591
§ 23-61 MUSKEGON CODE
Sec. 23-61. Issuance; size; contents.
Upon approval of a taxicab driver's permit, the application
shall be returned to the city clerk with the approval marked
thereon by the appropriate officer, and the city clerk shall issue a
driver's permit to the applicant. Such permit shall be on a card
not more than 4 x 6 inches in size and shall have thereon a
frontview photograph of the applicant, approximately 2¼ x 2¼
inches in size, to be furnished by the applicant, his signature, and
name printed thereon, with the number and date of issuance of
his or her permit together with the city seal and signature of the
city clerk.
(Ord. No. 946, 4-28-87)
Sec. 23-62. Display.
A permit issued under this division shall at all times be plainly
displayed in view of any passenger in the taxicab when the driver
is driving such cab.
(Ord. No. 946, 4-28-87)
Sec. 23-63. Expiration.
All taxicab driver's permits issued under this division shall
expire on May first following the issuance thereof.
(Ord. No. 946, 4-28-87)
Sec. 23-64. Renewal.
Taxicab driver's permits may be renewed from year to year. A
driver must apply for a renewal of his or her permit using a form
furnished by the city and filing the same with the clerk. The clerk
shall transmit the form to the chief of police who shall make an
investigation and review the permit applying the standards of
this division. If the chief of police thereby determines that
renewal is appropriate, he shall endorse his approval upon the
renewal form and return it to the clerk, who shall issue the
renewal upon payment of a fee of five dollars ($5.00). In the event
the chief determines to refuse renewal, a written refusal stating
the reasons therefor shall be mailed or delivered to the driver and
Supp. No. 50 1592
VEHICLES FOR HIRE § 23-65
he or she shall have the same rights of review, using the same
procedure and time limit as set forth in this division concerning
issuance of driver's permits.
(Ord. No. 946, 4-28-87)
Sec. 23-65. Revocation.
A taxicab driver's permit may be revoked for any of the
following causes:
(1) If it is determined at any time that the application or
information supplied with a renewal form contains false,
fraudulent or misleading information, or it is reasonably
demonstrated that information was intentionally omitted
from the application or renewal form;
(2) If the holder of the permit shall be convicted of a felony, a
high court misdemeanor, or a misdemeanor involving
moral turpitude or assaultive conduct, or shall be con-
victed of any moving violation under the traffic ordinance
of the city or any section of the Motor Vehicle Code of the
State of Michigan;
(3) If the permit holder shall be involved in any accident
causing injury to or death of any person, or injury to or
destruction of any property, provided that this provision
may be waived in the event the holder was in a vehicle
legally parked at the time of the accident;
(4) If the holder engages in any conduct or performs any act
which would reasonably demonstrate that he or she does
not meet the standards for issuance of a permit set forth
in this division;
(5) If the holder engages in conduct or performs any act
which endangers the public health, safety and welfare of
the inhabitants of the city, or engages in immoral and
disreputable conduct which would tend to endanger, em-
barrass or humiliate any person riding in a taxicab;
(6) If the holder engages in any public fight or breach of the
peace, or is found in an intoxicated condition or under the
influence of any narcotic while operating or attempting to
operate a taxicab;
Supp. No. 50 1593
§ 23-65 MUSKEGON CODE
(7)If the driver attempts to transfer the driver permit. It
shall be unlawful for any person holding a permit to
transfer or attempt to transfer such permit or any card
issued under this division to any person; and it shall be
unlawful for any person holding such a permit to know-
ingly permit any other person to have the same in his or
her possession. It shall be unlawful for any person to
exhibit, wear or have in his or her possession while
operating a taxicab a permit or card issued to any other
person.
(Ord. No. 946, 4-28-87)
Sec. 23-66. Standards.
The following standards shall apply in determining whether to
issue, renew or revoke a taxicab drive's permit. The standards
shall be in addition to all other standards defined or implied in
this division:
(1) No taxicab driver's permit shall be issued to any person
who has not attained the age of eighteen (18) years;
(2) No permit shall be issued to a person who does not hold a
valid chauffeur's license from the State of Michigan;
(3) No person shall hold a permit who has been convicted of
a felony, unless said person has demonstrated, for a
period of five (5) years after the release from parole or
commitment from the applicable corrections department,
no convictions of any felony or misdemeanor;
(4) No person shall hold a permit who has been convicted of
a drinking or narcotics and driving related traffic offense
within a period of five (5) years before the issuance of the
permit;
(5) In the event of revocation of a permit or refusal to renew
same based on standards set forth in this division, the
said person shall not be issued a permit for a period of five
(5) years from the date of said revocation or nonrenewal;
(6) No permit shall be issued to any person who has habitu-
ally, or at any time during the five (5) years prior to
application, engaged in conduct which would be cause for
revocation of a permit under this division;
Supp. No. 50 1594
VEHICLES FOR HIRE § 23-69
(7) The requirement of a valid chauffeur's license shall not
apply to a horse-drawn taxicab driver's permit.
(Ord. No. 946, 4-28-87; Ord. No. 1003, § 7, 6-12-90)
Sec. 23-67. Reserved.
Editor's note-Ord. No. 1136, adopted Oct. 14, 1997, repealed former§ 23-67;
which pertained to the applicability of this chapter to horse-drawn taxicabs, and
derived from Ord. No. 1003, adopted June 12, 1990.
ARTICLE III. HORSE-DRAWN VEIDCLES FOR IDRE
Sec. 23-68. Definitions.
The following definitions shall apply to this article concerning
horse-drawn vehicles for hire:
(1) Horse-drawn vehicle shall mean a vehicle drawn by
horses which carries any persons for hire in the City of
Muskegon.
(2) Owner shall mean a person having the ownership or
control (except for driving) of any horse-drawn vehicle,
equipment, or horse utilized with the horse-drawn vehi-
cle.
(3) Operator shall mean the driver in control of and the
actual operation of a horse-drawn vehicle, including any
assistant to the driver. The words "driver" and "assistant"
shall mean "operator", and shall be used interchangeably
in this article.
(4) Person shall mean an individual, partnership, corpora-
tion, limited liability company or any other entity func-
tioning as the owner or operator of a horse-drawn vehicle.
(5) Holder shall mean the licensee or holder of a license
hereunder, and any agent or employee thereof.
(Ord. No. 1136, 10-14-97)
Sec. 23-69. Licenses for horse-drawn vehicles.
No owner shall permit or cause a horse-drawn vehicle to be
driven on any street, alley, highway, road or public place within
Supp. No. 50 1595
§ 23-69 MUSKEGON CODE
the City of Muskegon without a license having been obtained for
the horse-drawn vehicle. Licenses shall be issued for horse-drawn
vehicles upon the completion of an inspection, and shall expire
annually on May first following the issuance thereof. Fees for the
horse-drawn vehicle license shall be determined by the city
commission in its fee resolution. The city commission shall
provide fees for part-year licenses.
(Ord. No. 1136, 10-14-97)
Sec. 23-70. Drivers ofhorse-drawn vehicle; vehicle driver's
license required.
No person shall operate or drive a horse-drawn vehicle without
a currently valid vehicle chauffeur's license issued by the State of
Michigan or by another state or territory of the United States, a
foreign country, or the District of Columbia.
(Ord. No. 1136, 10-14-97)
Sec. 23-71. Maintenance of equipment.
(1) Equipment required. Each horse-drawn vehicle shall in-
clude all lighting required by the Uniform Traffic Code or the
State Motor Vehicle Code and in addition shall include turn
signals visible from the front and rear of the vehicle, brake lights,
hydraulic brakes, a device to prevent movement of the vehicles
without the presence or control of the driver, brake lock, running
lights, a slow moving vehicle sign, and a device determined by the
city to be adequate to catch all droppings.
(2) Equipment-safety inspections. Before the initial licensing
all equipment, including the horse-drawn vehicle and equipment
involved with the horses and the vehicle shall be inspected by the
city. No license shall be issued unless the inspection determines
that the horse-drawn vehicle has all the equipment required by
this ordinance, is in good repair, and is of such a design as to
provide the maximum safety to passengers and the public. The
city shall further determine if the equipment meets the standards
of horse-drawn vehicles which are acceptable in the industry, and
shall further determine whether the equipment results in the
effective and humane treatment of the horses to be utilized. Any
horse-drawn vehicle or equipment which does not comply with
Supp. No. 50 1596
VEHICLES FOR HIRE § 23-73
the standards herein shall be immediately withdrawn from
service and not again used for carrying passengers for hire until
it has been repaired and inspected and approved by the city.
(Ord. No. 1136, 10-14-97)
Sec. 23-72. Insurance.
No horse-drawn vehicle may be operated in the city unless it
has issued, applicable to it, a liability insurance policy, issued by
an insurance company approved by the city, naming the city as an
additional insured. In the event of cancellation of said policy or
reduction in coverage, the owners license shall be automatically
canceled. The insurance shall carry liability limits of at least one
million dollars ($1,000,000.00) for bodily injury or death of any
person in any one accident, and one million dollars ($1,000,000.00)
for injury of destruction of property of others in any one accident.
Such policy of insurance may be in the form of a separate policy
for each horse-drawn vehicle or in the form of a fleet policy
covering all horse-drawn vehicles owned or controlled by the
same owner, provided that the said limits shall apply separately
to each horse-drawn vehicle. No policy may be canceled or
coverage or liability limits reduced or altered until the expiration
of thirty (30) days after notice of intent to cancel has been served
in writing to the city clerk by mail or by personal delivery, from
the insurer.
(Ord. No. 1136, 10-14-97)
Sec. 23-73. Horse-drawn vehicle license; issuance and re-
vocation.
(1) Standards for issuance of license. The following standards
shall apply in determining whether to issue or renew a horse-
drawn vehicle license. All other standards defined or implied in
this article for revocation are included:
(a) No license shall be issued to any person who has not
attained the age of eighteen (18) years, or to any entity
which is not controlled by a person who is eighteen (18).
(b) No license shall be issued or renewed to a person, or an
entity controlled by such person, who has been convicted
of a felony, unless said person has demonstrated, for a
Supp. No. 50 1597
§ 23-73 MUSKEGON CODE
period of five (5) years after the release from parole or
commitment from the applicable corrections department,
no convictions of any felony or misdemeanor.
(c) No license shall be issued to or renewed by a person, or
entity controlled by said person, who has been convicted
of a drinking or narcotics and driving related traffic
offense within a period of five (5) years before the issu-
ance of the license.
(d) In the event of revocation of a license or refusal to renew
same based on standards set forth in this division, the
said person or entity shall not be issued a license for a
period of five (5) years from the date of said revocation or
nonrenewal.
(e) No license shall be issued to any person or entity con-
trolled by such person, who has habitually, or at any time
during the five (5) years prior to application, engaged in
conduct which would be cause for revocation of a license
under this article.
(2) Standards for denial or revocation of license. A license may
be refused or revoked for any of the following causes:
(a) If it is determined at any time that the application or
information supplied with a renewal form contains false,
fraudulent or misleading information, or it is reasonably
demonstrated that information was intentionally omitted
from the application or renewal form.
(b) If the holder of the license, during the license term, is
convicted of a felony, a high court misdemeanor, or a
misdemeanor involving moral turpitude or assaultive
conduct.
(c) If the holder shall cause any accident causing injury to or
death of any person, or injury to or destruction of any
property, provided that this provision may be waived in
the event the vehicle involved was legally parked at the
time of the accident. This section shall apply whether or
not the vehicle involved in the accident is the horse-
drawn vehicle licensed hereunder.
Supp. No. 50 1598
VEHICLES FOR HIRE § 23-74
(d) If the holder engages in any conduct or performs any act
which would reasonably demonstrate that he, she or it
does not meet the standards for issuance of a license set
forth in this article, or if the holder violates any restric-
tion or requirement of this article or any rule determined
by the city commission hereunder.
(e) If the holder engages in conduct or performs any act
which endangers the public health, safety and welfare of
the inhabitants of the city, or engages in immoral and
disreputable conduct which would tend to endanger, em-
barrass or humiliate any person riding in a horse-vehicle.
(f) If the holder engages in any public fight or breach of the
peace, or is found in an intoxicated condition or under the
influence of any narcotic while operating or attempting to
operate a horse-drawn vehicle.
(g) If the holder attempts to transfer the license. It shall be
unlawful for any person holding a license to transfer or
attempt to transfer such license or any card issued under
this article to any person; and it shall be unlawful for any
person holding such a license to knowingly permit any
other person to have the same in his or her possession. It
shall be unlawful for any person to exhibit, wear or have
in his or her possession while operating a horse-drawn
vehicle a license or card issued to any other person.
(Ord. No. 1136, 10-14-97)
Sec. 23-74. Revocation; effective date.
In the event a license for a horse-drawn vehicle or a drivers
license has been revoked, the revocation shall be effective imme-
diately upon expiration of the time for appeal if none is filed, and
otherwise at the time of the final decision by the city manager if
the revocation is upheld after hearing. Any owner or operator who
is aggrieved by said revocation may, within ten (10) of the
revocation file a written appeal to the city manager, who shall
review the revocation utilizing the standards set forth in this
article. In the event the city manager concurs in the revocation,
the owner or operator may appeal to the circuit court, said appeal
to be taken within twenty-one (21) days from the date of the
written decision of the city manager.
Supp. No. 50 1599
§ 23-74 MUSKEGON CODE
In determining the appeal the city manager shall afford the
owner or operator a full hearing with right to counsel, presenta-
tion and cross-examination of witnesses and the submitting of
any exhibits for the record. The city manager's decision shall be
made upon the record which shall be preserved. City manager
may utilize a referee to hold a hearing.
(Ord. No. 1136, 10-14-97)
Sec. 23-75. Operation of horse-drawn vehicles for hire.
(1) Standards. The following standards apply to the operation
of horse-drawn vehicles:
(a) The operator of each horse-drawn vehicle shall be respon-
sible for the care of the horses. No operator shall mistreat
a horse or use horses which are in ill health.
(b) Droppings or excretions from horses must be immediately
cleaned, swept and removed.
(c) When persons are in the vicinity of or occupy a horse-
drawn vehicle, it shall be attended at all times by the
operator or an assistant who shall control the horses and
attend to the safety of all such persons.
(d) All traffic laws shall be obeyed.
(2) Operating on designated streets. Horse-drawn vehicles shall
not be operated on limited access streets, limited access high-
ways, restricted access streets or highways, or any street where a
horse-drawn vehicle is likely to cause traffic congestion. The city
commission may prescribe by resolution that a horse-drawn
vehicle shall be operated only in certain streets, alleys or other
public places, or may prohibit operation in such locations. In
making such determination the city commission shall use infor-
mation from the city police, the city engineer or such other source
as it may deem appropriate.
(3) Hours of operation. Horse-drawn vehicles shall be allowed
to operate on the street, alleys, highways, roads and public places
of the City of Muskegon, except where limited or prohibited by the
city commission, during daylight hours and no later than two-
thirty (2:30) a.m.
(Ord. No. 1136, 10-14-97)
Supp. No. 50 1600
VEHICLES FOR HIRE § 23-75
Repeal
Ordinances or parts of ordinances inconsistent with this article
III are repealed. These include, without limitation, the definition
of "Horse-Drawn Taxicab" in Code section 23-16, all of the code
sections 23-32, 23-33, 23-34, that portion of sections 23-55 and
23-56(3) applicable to drivers ofhorse-drawn taxicabs, and 23-67.
[The next page is 1641]
Supp. No. 50 1601
,
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.
Date: June 29, 2000
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C,8<:..
RE: Approval of Brownfield Plan Amendment
•
SUMMARY OF REQUEST: To approve the attached resolution for the
approval of the amendment 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, although the relocation and expansion of Beacon will add
to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment
Authority recommended approval of the Plan to the City Commission, at
their meeting on June 13, 2000.
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February
23, 1998. Approved by the City Commission of the City of Muskegon on April 14, 1998
Amended by the Board of the Muskegon Brownfield Redevelopment Authority on August 10,
1998. Amendment approved by the City Commission of the City of Muskegon on
September 8, 1998.
Amended by the Board of the Muskegon Brownfield Redevelopment Authority on June 13, 2000.
Amendment approved by the City Commission of the City of Muskegon on ,July 11
2000.
MUSKEGON BROWNFIELD PLAN
SITE-SPECIFIC PROVISIONS
(SITE ADDITION)
Beacon Recycling, Inc. (Section 13(1 )(g)
Beacon Recycling. lnc./Beacon Leasing ("Beacon") intends to expand its recycling operations by
relocating to a portion of the former Amstore property located on Keating Avenue. Beacon
intends to collect. sort, and prepare materials (primarily metals) for transport to recycling
processing centers. A legal description and site map of the property purchased by Beacon is
included as Attachment #3, and is herein referred to as the "Property".
Beacon's initial investment in land and buildings is $690,000. Over the next five years, projected
investments in building and Property improvement totals over $219,000. Estimated capital
expenditures within the next five years exceed $760,000. Beacon projects that its expansion at
the Property will create 10-12 new jobs within the next 3 years.
Eligibility
The Property being acquired by Beacon is considered to be "eligible property" as defined by Act
381 because it has been determined to be a "facility" pursuant to Pat 201 of the Natural
Resources and Environmental Protection Act. The Property has been the subject of Phase I and
Phase II Environmental Site Assessments (ESAs) recently conducted by Westshore Consulting
on behalf of Beacon. The Phase I ESA documented the past industrial use of the western portion
of the Property as a store fixture manufacturing site (shelving and display units) from
approximately 1963 to 1999. From the 1920's to 1960's, the site was used for the assembly of
busses and farm equipment. The Phase II ESA revealed concentrations of heavy metals in soils
that exceed applicable Part 201 Residential criteria. As a result of the Property being determined
to be a facility, Westshore has prepared a Baseline Environmental Assessment (BEA) for the
Property on behalf of Beacon. Westshore will be preparing a Due Care plan, to identify Beacon's
responsibility for undertaking any necessary Due Care response activities pursuant to Part 201.
Costs of Plan (Section 13(1l(a,b,c.fll
There are no costs to the City of Muskegon or its local taxing jurisdictions as a result of the
Property being included in this Brownfield Plan. There will be no tax increment financing for
"eligible activities"; Beacon has paid for the cost of undertaking the Phase I and II ESAs, the BEA,
and the Due Care Plan. Beacon will also pay for any necessary Due Care Response activities.
The costs to the State are as yet undetermined, although inclusion of the Property in this Plan
may allow Beacon to be eligible for up to $1 million in credits toward its Single Business Tax
liability. The Property is included in this Brownfield Plan to enable a "qualified taxpayer" to avail
itself of eligibility for credits against its Single Business Tax liability for "eligible investment"
(demolition, construction, restoration, purchase of machinery, equipment, and fixtures) incurred
after the adoption of this amendment to the Brownfield Plan. These Single Business Tax Credits
are provided for by amendments to Act No. 228 of 1975.
ATTACHMENT 3
Al1l1l1l1llllnn LEGEND
NORTH M
C
MEASURED DIMENSION
CALCULATED DIMENSION
R RECORD DIMENSION
D DEED OIMffiSION
0 SET IRON
•
a
fOUNO IRON
SET CONC MONUMENT
• fOUNO CONC MONUMENT
SECTION CORNER
UTILITY POL£
CIJY WIRE
•
-x-
i:; SET NAIL
SOIL aoruNG/GROUNOWATER SAMPLE
SOIL s.&.MPLE
i
(Drnl"l')
11.oah•IIOOR.
Checked: JRG
Date: 04/2B/00
BEACON LEASING, L.L.C. Drown by: BJ
Muskegon, Michigan
Date: 04/2B/00
File No.: J0B-J
25J4 Black Creek Road 375 River street, Suite 201 Figure:
Manistee, Ml 49660
Muskegon) Ml 49444 SITE PLAN
Ph: (231 777-3447
Fax: (231) 77J-J45J
E-mail: westshore10aol.com
Ph: (231) 723-2202
Fox: (231) 723-2291
E-ma/1: westshareOvoyager.net
1
C,\\nnci project5 r2\308-3\ciwg\308-3,ciwg 05/31/2000 10,11,04 AM EDT
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33,
TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 33;
THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG THE NORTH/SOUTH 1/4
LINE, A DISTANCE OF 1370.04 FEET;
THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST, A DISTANCE OF 225.04 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH
RIGHT OF WAY LINE OF KEATING AVENUE, AS ESTABLISHED PER SURVEY BY M.M. BUCK, MARCH
1951, A DISTANCE OF 7.84 FEET;
THENCE SOUTH 49 DEGREES 37 MINUTES 16 SECONDS EAST ALONG. THE SQUTHER.LY RIGHT
OF WAY LINE OF C & 0 RAILROAD;A DISTANCE OF 558A6 FEET; .
THENCE SOUTH 00 DEGREES 54 MINUTES 34 SECONDS WEST ALONG THE WEST LINE OF THE
EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AS FOUND MONUMENTED BY M.M.
BUCK, MARCH 1951, A DISTANCE OF 410.93 FEET (DEED 411.00 FEET;)
THENCE NORTH 89 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 462.31 FEET
(DEED 462.20 FEET;)
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF C & 0 RAIL ROAD ON THE ARC OF
CURVE TO THE RIGHT, A DISTANCE OF 289.44 FEET (CURVE DATA: R=5610.72',
DELTA=02%%D57'20", L.C.=289.40', L.C.B.=S43%%D47'21"E;)
THENCE SOUTH 00 DEGREES 48 MINUTES 58 SECONDS WEST ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AS FOUND MONUMENTED BY THE PLAT OF OAK
GROVE (1943) AND M. M. BUCK MARCH 1951, A DISTANCE OF 235.16 FEET TO A POINT THAT IS
NORTH 00 DEGREES 48 MINUTES 58 SECONDS EAST, A DISTANCE OF 66.00 FEET FROM THE
SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OFJHE NORTHEAST 1/4;
THENCE SOUTH 89 DEGREES 27 MINUTES 42 SECONDS WEST PARALLEL WITH THE EAST AND
WEST 1/4 LINE, AS FOUND MONUMENTED BY M.M. BUCK, MARCH 1951, A DISTANCE OF 410.31
FEET (DEED 410.4 FEET)
THENCE NORTH 71 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE NORTHERLY LINE OF
CONSUMER POWER COMPANY RIGHT OF WAY, A DISTANCE OF 709.75 FEET;
THENCE NORTH 00 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 983.62 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 14.64 ACRES MORE OR LESS.
SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR APPARENT THEREOF.
SUBJECT TO A 20 FOOT WIDE RAILROAD SPUR PER UBER 868, PAGE 263.
3033-4/jrrn
TOGETHER WITH AND SUBJECT TO AN 18-FOOT WIDE EASEMENT FOR INGRESS, EGRESS; SAID
EASEMENT BEING 9 FEET EACH SIDE, WHEN MEASURED AT RIGHT ANGLES TO THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 33, TOWN 10 NORTH, RANGE 16 WEST,
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN;
THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG NORTH/SOUTH 1/4 LINE OF
SAID SECTION, A DISTANCE OF 1370.04 FEET;
THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH RIGHT-OF-
WAY LINE OF KEATING AVENUE, A DISTANCE OF 225.04 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE 18-FOOT EASEMENT;
THENCE SOUTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, A DISTANCE OF 941.29 FEET,
MORE OR LESS, TO A POINT 40.00 FEET NORTH OF, AT RIGHT ANGLES TO THE NORTH LINE OF
CONSUMERS POWER COMPANY'S RIGHT-OF-WAY (66.00 WIDE) AND THE POINT OF ENDING OF
SAID CENTERLINE.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS TO BE 40.00 FEET IN WIDTH, LYING
20.00 FEET LEFT AND 20.00 FEET RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 33, TOWN 10 NORTH, RANGE 16 WEST, CITY
OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN;
THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG THE NORTH/SOUTH QUARTER
LINE, A DISTANCE OF 1370.04 FEET;
THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY
LINE OF KEATING AVENUE, A DISTANCE OF 225.04 FEET;
THENCE SOUTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, A DISTANCE OF 962.46, MORE OR
LESS, TO A POINT 20.00 FEET NORTH OF, AT RIGHT ANGLES TO THE NORTH LINE OF THE
CONSUMERS POWER COMPANY'S RIGHT-OF-WAY (66.00 FEET WIDE) FOR THE POINT OF BEGINNING
OF SAID CENTERLINE.
THENCE NORTH 71 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID CENTERLINE, A
DISTANCE OF 253.52 FEET, MORE OR LESS ,TO THE EAST RIGHT-OR-WAY LINE OF ROBERTS
STREET AND THE POINT OF ENDING OF SAID CENTERLINE.
3033-4/jrm
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
City of Muskegon
County of Muskegon, Michigan
2000-69(b)
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City Commission Chambers,
on the 11th day of July, 2000, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT: Members
Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki
ABSENT: Members
Benedic
The following preamble and resolution were offered by Member
Aslakson and supported by Member Spataro
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan, as required by Act
381; and
WHEREAS, not less than 10 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on July 11, 2000.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. Definitions. Where used in this Resolution the terms set forth below
shall have the following meaning unless the context clearly requires otherwise:
"Eligible Property" means the property designated in the Brownfield Plan as
the Eligible Property, as described in Act 381.
"Brownfield Plan" means the Brownfield Plan prepared by the Authority, as
transmitted to the City Clerk by the Authority for approval, copies of which
Brownfield Plan are on file in the office of the City Clerk.
"Taxing Jurisdiction" shall mean each unit of government levying an ad
valorem property tax on the Eligible Property.
2. Public Purpose. The City Commission hereby determines that the
Brownfield Plan Amendment constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines
that it is in the best interests of the public to promote the revitalization of
environmentally distressed areas in the City to proceed with the Brownfield Plan
Amendment.
4. Review Considerations. As required by Act 381, the City Commission has,
in reviewing the Brownfield Plan Amendment, taken into consideration
whether the Brownfield Plan Amendment meets the requirements set forth in
Section 13 of Act 381.
5. Approval and Adoption of Brownfield Plan Amendment. The Brownfield
Plan Amendment as submitted by the Authority is hereby approved and
adopted. A copy of the Brownfield Plan and all amendments thereto shall be
maintained on file in the City Clerk's office.
6. No Capture of Tax Increment Revenues by Authority. The Authority shall
not capture Tax Increment Revenues on the Eligible Property, as described
in the Brownfield Plan Amendment.
7. Disclaimer. By adoption of this resolution and approval of the Brownfield
Plan Amendment, the City assumes no obligation or liability to the owner,
developer or lessor of the Eligible Property for any loss or damage that may
result to such persons from the adoption of this resolution and Brownfield
Plan Amendment The City makes no guarantees or representations as to
the determinations of the appropriate state officials regarding the ability of
the owner, developer or lessor to qualify for a single business tax credit
pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to
the ability of the Authority to capture tax increment revenues from the State
and local school district taxes for the Brownfield Plan.
8. Repealer. All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Spataro, Aslakson, Nielsen, Schweifler, Shepherd
NAYS:
Members._ _.:.:N.::;.on:.:;e::___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
·State of Michigan, at a regular meeting held on July 11 , 2000, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
Gail A. Kundinger, City Clerk
Commission Meeting Date: June 27, 2000
Date: June 15, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Construction of 4 houses in Lakeside
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
approved 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 attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
06/21/00 1
Resolution No. - - -
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CONSTRUCTION OF TWO HOMES FRONTING
HARRISON STREET IN LAKESIDE.
WHEREAS, City Commission has already approved the sale of the map# 24-30-34-429-006 to
Bill Ingalls II;
WHEREAS, the subject parcel is large enough to construct the two houses fronting Harrison
WHEREAS, the construction of the two homes fronting Harrison will generate additional tax
revenue;
WHEREAS, construction of the homes is consistent with existing homes within Lakeside;
NOW THEREFORE BE IT RESOLVED, that Bill Ingalls be allowed to construct two homes
fronting Harrison on lots, each having dimensions of 72 ft x 102 ft.
(E 150 ft. of North 205 ft Lot 2 Blk 676)
Adopted this _ _ day of June, 2000
Ayes:
Nays:
Absent
By:-----------
Fred J. Nielsen, Mayor
Attest: - - - - - - - - - - -
Gail Kundinger, Clerk
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 27, 2000.
By:-----------
Gail Kundinger, Clerk
lakeshore Dr Lakeshore Dr.
~11111 I-----,----------½-'-- 1---+-----'-r-r-~
ti
~
0
ID
.3
Harrison Ave.
®Mp
- -
- - - '. .. -
-
-·
Miner Ave.
~
I
111111 111 I~
1I 11111111 I~
Morton Ave.
I I I I I
ROLL CALL/ACTION SHEETS .
' ', I'•
.·,:~
Present Name Action Ayes Nays Comments
Vice Mayor Sieradzki _,,/
Commissioner Spataro ,,/ -;""·y ,-~. ', ,;;;t ,, ,' ,;_a, ' ' ' _.
..•
,.
'
Commissioner Aslakson \, ' /,'
•--~-"' ·.. : '. \ -·r,-· L
'
'''. t
'' " '
Commissioner Benedict '✓
/
', ,.
~~ ' ~ .,_
' -
,) -·____ , r '--•,~---,i
Mayor Nielsen '/ ' -~· '
Commissioner Schweifler
Commissioner•Shepherd
- v
.>/
'
' '
>"' ,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
Sign up for City of Muskegon Emails