View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 26, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGEOF ALLEGIANCE:
□ ROLL CALL:
o HONORS AND A WARDS: �ttflffisolotlon re, ArE:10th--eliscalt
□ CONSENT AGENDA:
a. Approval ofMinutes. CITY CLERK
b. Request from Rolling Thunder to Fly POW/MIA Flags on City
Property, CITY MANAGER
c. Sale of One-half of a Buildable Lot at 444 Marquette Avenue.
PLANNING AND ECONOMIC DEVELOPMENT
d. Denial of Vacation of a Portion of Mclaren St. PLANNING AND
ECONOMIC DEVELOPMENT
e. FIRST READING Zoning Ordinance Amendment for Home
Occupations. PLANNING AND ECONOMIC DEVELOPMENTS
f. FIRST READING Zoning Ordinance Amendment for Adult Foster
Care. PLANNING AND ECONOMIC DEVELOPMENT
g. Architectural Services for Barrier Free Design House. COMMUNITY
AND NEIGHBORHOOD SERVICES
h. MDOT Agreement for M - 120 from US-31 to City Limits.
ENGINEERING
i. Consideration of Bids - Industrial Park Lift Station ENGINEERING
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITYMANAGER'S REPORT:
□ NEW BUSINESS:
a. Snowplow Service Contract for Former Muskegon Mall and
Surrounding Areas, 2002/2003 Winter Season. DEPARTMENT OF
PUBLIC WORKS
b. Rezoning Request for Property located at 2330 Barclay St.:
PLANNING AND ECONOMIC DEVELOPMENT
c. Purchase of Car for Community Neighborhood Services
Department. COMMUNITY AND NEIGHBORHOOD SERVICES
d. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. INSPECTIONS
a. 15 E. Muskegon
b. 1715 Superior
c. 1670 Park (Garage)
• UNFINISHED BUSINESS:
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION: Discuss Pending Litigation and Collective Bargaining
• 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 l Ominutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 7244172.
Date: November 26, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, November 12, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 26, 2002
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 5:30pm, Tuesday, November 26, 2002.
Mayor Warmington opened the meeting with a prayer from Pastor Savage of
Great Joy World Outreach Church, located at 754 McLaughlin Ave., after which
members of the City Commission and members of the public joined in reciting the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger.
2002-128 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, November 12, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes
c. Sale of One-half of a Buildable Lot at 444 Marquette Avenue
PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of one-half of a vacant buildable lot
(Parcel #24-205-011-0013-00) at 444 Marquette Avenue to Oleavia McDowell, 450
Marquette Ave., Muskegon, Ml 49442, conditioned on the extra curb cut between
the two houses be closed to discourage front yard parking. The other half of the
lot will be joined to the property at 428 Marquette, which is owned by the
Community & Neighborhood Services Department and has been developed with
an In-Fill house. Approval of this sale will allow the adjacent property owners to
expand their current yards (see attached map). Although this sale is not in
accordance with City policy for the sale of buildable lots, unusual circumstances
prompted the LRC to recommend approval. The cost of the lot will be $100 and
will be split between the two adjoining property owners.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization committee (LRC)
recommended approval of this unusual sale at its October 22, 2002 meeting. The
approval was conditioned on Community & Neighborhood Services closing the
extra curb cut between the two houses to discourage front yard parking.
d. Denial of Vacation of a Portion of Mclaren St. PLANNING AND
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for denial of vacation of the south l 08.35 feet of
McLaren St., north of Wesley Ave.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the portion of street not be
vacated.
COMMITTEE RECOMMENDATION: The Planning Commission recommended denial
of the request for vacation of the proposed portion of street at their 11 /14
meeting. The vote was unanimous with M. Kleaveland, B. Smith and S.
Warmington absent.
f. FIRST READING Zoning Ordinance Amendment for Adult Foster
Care PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions), Section 400
(Principal Uses Permitted) of Article IV (R-1, Single-Family Residential), Sections 600
(Principal Uses Permitted) and 601 (Special land Uses Permitted) of Article VI (RT,
Two-Family Residential), Sections 700 (Principal Uses Permitted) and 701 (Special
Land Uses Permitted) of Article VII (RM-1, Low Density Multiple-Family Residential),
Sections 800 (Principal Uses Permitted) and 801 (Special Land Uses Permitted) of
Article VIII (RM-2, Medium Density, Multiple-Family Residential), Section 900
(Principal Uses Permitted) of Article IX (RM-3, High Density Multiple-Family
Residential) and Section 2000 (Principal Uses Permitted) of Article XX (H, Heritage)
of the City's Zoning Ordinance to amend the regulations of Adult Foster Care
Facilities.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Zoning Ordinance
to add the proposed language in the articles and sections described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11/14 meeting. The vote was unanimous, with S.
Warmington, M. Kleaveland and B. Smith absent.
g. Architectural Services for Barrier Free Design House COMMUNITY
AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the bid by the only proposal received from
Destigter/Smith Architects 515 Madison S. E., Grand Rapids, Ml for the architectural
services to design a totally barrier free home for the City of Muskegon at the cost
of $8,600 plus expenses.
The home will be built at the parcel located at 1938 Hoyt under the City's New
Construction Infill program. After the completion of the home the barrier free
home will be sold to a qualified buyer.
FINANCIAL IMPACT: The funding for the cost of the design will be allocated from
the 2001 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
h. MOOT Agreement for M -120 from US-31 to City Limits
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the Milling &
Resurfacing of that section of M-120 within the City's corporate limits, from Business
31 to the north branch of the Muskegon river, and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: While this is an MOOT project, we are required to participate
in the cost to mill and resurface that section of M-120 which is within the City's
limits. The City's share is estimated at $11,950 but not more than 11.25% of eligible
cost. The total estimated cost of that portion of the project is estimated a
$106,200.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
i. Consideration of Bids - Industrial Park Lift Station ENGINEERING
SUMMARY OF REQUEST: Jackson Merkey Contractors be awarded the Industrial
Park Lift Station contract since they were the lowest, see bid tabulation,
responsible bidder with a bid price of $89,820.00.
FINANCIAL IMPACT: The construction cost of $89,820.00 plus associated
engineering cost which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
Consent Agenda except for items b and e.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
2002-129 ITEMS REMOVED FROM AGENDA:
b. Request from Rolling Thunder to fly POW/MIA Flags on City
Property CITY MANAGER
SUMMARY OF REQUEST: Request to continue to fly the POW /MIA Flags on City
Property for one year. Authorization was given to fly the flags on City property last
year. The policy states that the flag flying period may be up to one year. It also
states that the maintenance of the flag is the responsibility of the requesting
organization.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to continue to fly the POW /MIA
Flags on the City Property at the following locations for a period of one year:
a) The Welcome to Muskegon Shoreline Sign (Muskegon & Ninth Streets)
b) Hackley Park
c) L.C. Walker Arena (outside)
d) L.C. Walker Arena (inside}
Staff recommends that the City follow the outline of the policy and require the
requesting organization to maintain the flag(s).
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the request to continue to fly the POW/MIA Flags on City Property and require the
organization to maintain the flags.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
e. FIRSTREADING Zoning Ordinance Amendment For Home
Occupations PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 400 (Principal Uses Permitted)
of Article IV (R- l, Single-Family Residential), Section 600 (Principal Uses Permitted)
of Article VI (RT, Two-Family Residential}, Section 700 (Principal Uses Permitted} of
Article VII (RM-1, Low Density Multiple-Family Residential), and Section 2000
(Principal Uses Permitted) of Article XX (H, Heritage) to change the requirements
for home occupation businesses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add the proposed language in the articles and sections described
above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at the 11 /14 meeting. The vote was unanimous, with S.
Warmington, M. Kleaveland, and B. Smith absent.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
the Request to amend the Zoning Ordinance for Home Occupations and add the
proposed language in the articles and sections.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
2002-130 NEW BUSINESS:
a. Snowplow Service Contract for Former Muskegon Mall and
Surrounding Areas. 2002/2003 Winter Season DEPARTMENT OF
PUBLIC WORKS
SUMMARY OF REQUEST: Award to TRI-US Services, Inc., of Kent City, Ml the contract
to provide snowplowing, deicing and snow removal at Muskegon Mall and
surrounding areas during the 2002/2003 winter season.
FINANCIAL IMPACT: Need for service is weather-dependent. No history available.
BUDGET ACTION REQUIRED: "Parking Operations" line item to be added to the
General Fund, to which this expense will be charged.
STAFF RECOMMENDATION: Recommend approval.
Motion by Commissioner Larson, second by Commissioner Shepherd to award to
TRI-US Services, Inc., of Kent City, Ml the contract to provide snowplowing, deicing
and snow removal at Muskegon Mall and surrounding areas during the 2002/2003
winter season.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSES
b. Rezoning Request for Property located at 2330 Barclay St.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2330 Barclay St.
(between Sherman and Hackley), from RM-1 Low Density Multiple-Family
Residential to R-1 Single-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to
compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11 /14 meeting. The vote was unanimous with M.
Kleaveland, B. Smith, and S. Warmington absent.
Motion by Commissioner Schweifler, second by Commissioner Gawron to approve
the request to rezone property at 2330 Barclay St. (between Sherman and
Hackley), from RM-1 Low Density Multiple-Family Residential to R-1 Single-Family
Residential.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
c. Purchase of Car for Community Neighborhood Services
Department COMMUNITY AND NEIGHBORHOOD SERVICES
Item removed from Agenda by request of Staff.
d. Concurrence with the Housing Board of Appeals Notice and
Order to Demolish INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structures located at 15 E.
Muskegon, 1715 Superior and 1670 Park (Garage) are unsafe, substandard, public
nuisances and that they be demolished within thirty (30) days. It is further
requested that administration be directed to obtain bids for the demolition of the
structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
Case # & Project Address: 00- 100- 15 E. Muskegon, Muskegon Ml
LOCATION AND OWNERSHIP: This single-family rental unit is located on E.
Muskegon in the Jackson Hill Neighborhood, HUD census tracking number 2. The
owner is Jerri Oakes of Muskegon Ml.
STAFF CORRESPONDENCE ATTACHMENTS: A dangerous building inspection was
conducted on 12/4/00. A Notice and Order to repair was issued on 1/10/01. A
Notice of HBA Hearing was sent on February 13, 2001. The Board's issued an Order
to Demolish on March· 7, 2001. Letter to Mr. Farmer dated 3/21 /01. The owners
filed a TRO in June 2001 and when the case went to court in June 2002 the judge
ordered it be heard again before the HBA. At that meeting on July 11, 2002, the
case was tabled for 120 days to allow the owner to pull permits and repair. No
permits have been pulled and no inspections called for.
Owner Contact: Ms. Oakes has been into the office on a few occasions. She has
indicated the need to demolish the structure.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $8,200
ESTIMATED COST TO REPAIR: $25,000
Case# & Project Address: #202-39, 1670 Park (Garage), Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on the corner of Park and E.
Dale in the Nelson Neighborhood. It is owned by William and Cheryl Hendire,
same address.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/23/02, a notice and order to repair was issued 7/30/02. The owner pulled a
permit to repair on 8/26/02 and expired 11 /4/02. The case was brought before
the HBA in October 2002. The structure was declared on that date and the owner
did not attend the meeting. Due to the condition of the garage (it is near
collapse) the case is being forwarded to City Commission for their concurrence.
OWNER CONTACT: There has been no contact since pulling the permit in August.
No inspections have been requested and the garage appears to be near
collapsing.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $14,800 (house and garage)
ESTIMATED COST TO REPAIR: $4,000
STAFF RECOMMENDATION: To Concur with the Housing Board of Appeals decision
to Demolish.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the findings of the Housing Board of Appeals that the structures located at 15
E. Muskegon, and 1670 Park (Garage) are unsafe, substandard, public nuisances
and that they be demolished within thirty (30) days, and to direct administration to
obtain bids for the demolition of the structures and authorize the Mayor and City
Clerk to execute a contract for demolition with the lowest responsible bidder.
ROLL VOTE: Ayes:, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
CASE# & PROJECT ADDRESS: 02-01, 1715 Superior
LOCATION AND OWNERSHIP: This structure is located in the Marsh Neighborhood
and is owned by Amy Bradley of Fruitport, Ml.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
6/23/98. Some work was done without permits after that time. Another inspection
was conducted 1/22/02 after a fire. A Notice and Order to Repair was issued on
l /30/02. No one was present to represent the case before the HBA on 1/7 /02 and
the structure was declared substandard and dangerous. The owner called the
Inspection Dept. after that date and scheduled an interior inspection, which was
conducted 3/25/02. On 4/29/02 the owner called the office and inquired on
what to do next. She was informed she needed to submit a schedule of repairs
and apply for permits. There has been no contact since that date. The city has
had the structure boarded on 3 separate occasions. The case was scheduled to
go before City Commission on June 11, 2002, but the owner worked out an
agreeable arrangement with the Director of Inspections. A permit was pulled
6/12/02, which expired 9/9/02. The case came back to the HBA in October 2002
and the structure was declared. Since the declaration there has been no contact
from the owner and no inspections requested.
OWNER CONTACT: Amy Bradley contacted the office 4/29/02 and inquired on the
next step. She was told to apply for permits and submit a timetable for repairs.
Her father, Dave Schliewe, pulled a permit on 6/12/02.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $14,600
ESTIMATED COST TO REPAIR: $20,000
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the findings of the Housing Board of Appeals that the structure located at 1715
Superior, Muskegon Is unsafe, substandard, a public nuisance and it be
demolished within thirty (30) days, and to direct administration to obtain a bid for
the demolition of the structure and authorize the Mayor and City Clerk to execute
a contract for demolition with the lowest responsible bidder.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
2002-131 PUBLIC PARTICIPATION:
Various comments were heard from the public.
2002-132 CLOSED SESSION: To discuss pending litigation and collective bargaining.
Motion by Commission Schweifler, second by Vice Mayor Buie to close the
meeting at 6:31 pm and to go into Close Session.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Vice Mayor Buie to go out of
closed session at 7:00pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Larson, second by Commissioner Schweifler to approve
the contract with the Firefighters union.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Shepherd to adopt
amendments to Appendix A of the Muskegon City Code concerning the Police
and Fire Retirement system.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Shepherd to concur
with the recommendation of the City Attorney regarding the City versus Dobbin
and the City versus Touchtone.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSES
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 7:03pm.
Respectfully submitted,
Gail Kundinger, MMC
Commission Meeting Date: November 26, 2002
Date: November 18, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cf>('_,
RE: Sale of One-half of a Buildable Lot at 444 Marquette Avenue
SUMMARY OF REQUEST:
To approve the sale one-half of a vacant buildable lot (Parcel #24-205-011-0013-00) at
444 Marquette Avenue to Oleavia McDowell, 450 Marquette Avenue, Muskegon, Ml
49442, conditioned on the extra curb cut between the two houses be closed to
discourage front yard parking. The other half of the lot will be joined to the property at
428 Marquette, which is owned by the Community & Neighborhood Services
Department and has been developed with an In-Fill house. Approval of this sale will
allow the adjacent property owners to expand their current yards (see attached map).
Although this sale is not in accordance with City policy for the sale of buildable lots,
unusual circumstances prompted the LRC to recommend approval. The cost of the lot
will be $100 and will be split between the two adjoining property owners.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval this unusual sale at
it's October 22, 2002 meeting. The approval was conditioned on Community &
Neighborhood Services closing the extra curb cut between the two houses to
discourage front yard parking.
11/18/2002
CITY OF MUSKEGON
RESOLUTION #2002- 128 ( c)
RESOLUTION
. APPROVING THE SALE OF A CITY-OWNED BUILDABLE LOT .
WHEREAS, the City of Muskegon has received $50 from Oleavia McDowell, 450 Marquette
Avenue, Muskegon, MI 49442 for the purchase of the East one-half vacant, City-owned lot
located adjacent to her property at 444 Marquette Avenue (parcel #24-205-011-0013-00);
WHEREAS, the West one-half of the vacant, City-owned lot will be joined to property located at
428 Marquette Avenue, currently owned by Community & Neighborhood Services and the curb
cut on this half of the lot will closed;
WHEREAS, this lot is considered buildable under the City's Zoning Ordinance, however the
Land Reutilization Committee (LRC) recommends it's sale as an unbuildable lot;
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with prope1ty disposition goals and
special recommendation of the Land Reutilization Committee (LRC);
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 E 31.5 FT OF THE W 63 FT LOT 13 BLK 11 be sold to Oleavia McDowell for $50.
Resolution adopted this 26th day of November, 2002.
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
By: ~ ~ ~(.._,,~~~~===~;;:::::::::::-.....
Step ll .
Mayor
A-t: ~un~~~
Clerk
CERTIFICATION
2002- 'I 28 ( c )
This resolution was adopted at a regular meeting of the City Commission, held on November 26,
2002. 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
By
- ----- -------
•
---- -----
--------
J • _ill_ _____ ] •
--~----_fill ----- ill -
J.S 77\fHS~\/W
•
-----
•
•
[
•
i;;___ _____i~l.__ ___ frJi ____9i·9 _-~la!. _ _
J.S S3l~\/H:J
8l
-----j ¥
-- - w;i,_±_ - - ~-~_:_:i:e
QUIT-CLAIM DEED
2002-128(c)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: OLEAVIA McDOWELL, of 450 Marquette A venue, Muskegon, MI 49442,
the following described premises situated in the City ofMus~egon, County of Muskegon, S_tate ofMi?higan, to wit:
·t ; .
The E 31.5 feet of the West 63 feet of Lot 13, Block H, of the : t, ·•·.•·
...
CITY OF MUSKEGON REVISED PLAT OF 19.03
for the sum of Fifty and no/100 Dollars ($50.00)
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this M day of :IJe.c. e;>1b f,/' , 2002
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrnment was acknowledged before me this it/i.
day of Qe,cf;nb
cc , 2002, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
CJ0n&o dJ etiJ2l
John C. ~chrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole a
My commission expires: 7 ·- 0- - 0 w
175 W.Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED '.RETURN TO: Grantee
C:\DOCUME~1 languilm\LOCALS~1 \Temp\AL6951 . DOC
Commission Meeting Date: November 26, 2002
Date: November 15, 2002
To: Honorable Mayor and City Commiss~ r \
From: Planning & Economic Development~
RE: Denial of Vacation of a Portion of McLaren St.
SUMMARY OF REQUEST:
Request for denial of vacation of the south 108.35 feet of McLaren St. , north of Wesley
Ave.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the portion of street not be vacated.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended denial of the request for vacation of the
proposed portion of street at their 11/14 meeting. The vote was unanimous with M.
Kleaveland, B. Smith and S. Warmington absent.
11/15/2002
w
_A_----
z-y~
;::
__ [_ _J_ ,_- - t_ l-1
__ , - ~- -- --
l--- I _ 1-
-_\J_--_ -i-1--1_·1_1- _,sl~~JI _ ~~~ --- :/JI,13[ [rJ- --
7;--
- ca-, - -
_J_ - -- - - . _ -
,,,
f - J-1-
- ~
¼
~ -- --
--~
-
0
}_-_-_-_ ---- --------
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 14, 2002
Hearing; Case 2002-51: Request to vacate a portion of McLaren St., by the Finlay Group.
BACKGROUND
In February the Planning and City Commissions approved rezoning a large piece of City-owned
property in the Jackson Hill neighborhood from R-1, Single-Family Residential and OSR, Open
Space Recreation to RT, Two-Family Residential. The City is in the process of selling the prope1ty
to Finlay Properties, Inc. for development of a 40-unit senior residential complex.
The proposed development would be located on two City-owned pieces of property, which lie on
either side of McLaren St., north of Wesley Ave. The applicant is asking to vacate the south 108.35
feet of McLaren St. (directly adjacent to the proposed development) in order to create one
contiguous parcel for the development.
The Depaitment of Public Works has stated that there are water, sanitary sewer, and storm sewer
utilities in this area of McLaren and that if vacated, a suitable utility easement would need to be
retained by the City. The City Engineer has stated "Due to the presence of public utilities, the
limitation that vacating 108' would place on snow plowing operation and other traffic related
restrictions and the fact that this street provides a convenient access to and from Getty Street to
those that reside on the street compel me to recommend against". The Fire Marshal has stated
"After a recent overview by the fire depaitment, it has been determined that McLaren Street cannot
be vacated. Fire department access must be maintained due to existing structures".
Staff has received comments from one resident along McLaren St., Selby Washington, 536
McLai·en St. Mr. Washington stated that he has concerns with only having one way out from his
prope1ty, and that he does not want to see the portion of street vacated. Staff received a phone call
from Tressa Duncan with questions only.
City of Muskegon Planning Commission - 11/14/02 1
CITY OF MUSKEGON
RESOLUTION#02- 128(ct)
RESOLUTION TO DENY VACATATION OF A PUBLIC STREET
WHEREAS, a petition has been received to vacate the south 108.35 feet of McLaren St., north of
Wesley Ave.; and
WHEREAS, the Planning Commission held a public hearing on November 14, 2002 to consider
the petition and subsequently recommended denial of the vacation; and '
WHEREAS, due notice had been given of said hearing as well as the November 26, 2002 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission does not deem it advisable
for the public interest to vacate and discontinue the portion of public street;
Adopted this 26th day of November, 2002.
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
Absent: None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on November 26, 2002.
~ a..:.t. a. L
G~il A. Kundinger, MMC
cJ..,.,..ff,._ ,
Clerk, City of Muskegon
Commission Meeting Date: November 26, 2002
Date: November 15, 2002
To: Honorable Mayor and City Commissi9~ rs
From: Planning & Economic Development~
RE: Zoning Ordinance Amendment-foFA-d Foster Care
Facilities
•
SUMMARY OF REQUEST:
Request to amend Article II (Definitions), Section 400 (Principal Uses Permitted) of
Article IV (R-1, Single-Family Residential), Sections 600 (Principal Uses Permitted) and
601 (Special Land Uses Permitted) of Article VI (RT, Two-Family Residential), Sections
700 (Principal Uses Permitted) and 701 (Special Land Uses Permitted) of Article VII
(RM-1, Low Density Multiple-Family Residential), Sections 800 (Principal Uses
Permitted) and 801 (Special Land Uses Permitted) of Article VIII (RM-2, Medium
Density Multiple-Family Residential), Section 900 (Principal Uses Permitted) of Article
IX (RM-3, High Density Multiple-Family Residential) and Section 2000 (Principal Uses
Permitted) of Article XX (H, Heritage) of the City's Zoning Ordinance to amend the
regulations for Adult Foster Care Facilities.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add the proposed language
in the articles and sections described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/14
meeting. The vote was unanimous, with S. Warmington, M. Kleaveland and B. Smith
absent.
11/15/2002
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2093
An ordinance to amend Article II (Defmitions), Section400 (Principal Uses Permitted) of
Article IV (R-1, Single-Family Residential), Sections 600 (Principal Uses Permitted) and 601
(Special Land Uses Permitted) of Article VI (RT, Two-Family Residential), Sections 700
(Principal Uses Permitted) and 701 (Special Land Uses Permitted) of Article VII (RM-1, Low
Density Multiple-Family Residential), Sections 800 (Principal Uses Permitted) and 801 (Special
Land Uses Permitted) of Article VIII (RM-2, Medium Density Multiple-Family Residential),
Section 900 (Principal Uses Permitted) of Article IX (RM-3, High Density Multiple-Family
Residential) and Section 2000 (Principal Uses Permitted) of Article XX (H, Heritage) of the
City's Zoning Ordinance to amend the regulations for Adult Foster Care Facilities
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) of the Zoning Ordinance of the City of Muskegon is hereby amended as
follows:
Adult: A person eighteen (18) years of age or older or a person who is placed in an adult
foster care family home or an adult foster care small group home pursuant to Section 5 (6) or
(8) of 1973 PA 116, MCL 722.115.
Adult Foster Care Home or Facility: (See Foster Care Facilities - Adult)
Foster Care Facilities - Adult [per State Law]
Adult Foster Care Facility: A governmental or nongovernmental establishment that
provides foster care to adults, subject to the Michigan Foster Care Facility Licensing
Act, Act 218 of 1979.
Adult Foster Care Family Home: A private residence with the approved capacity to
receive six (6) or fewer adults to be provided with foster care five (5) or more days a
week and for two (2) or more consecutive weeks. The adult foster care family home
licensee shall be a member of the household, and an occupant of the residence.
Adult Foster Care Small Group Home: An adult foster care facility with the approved
capacity to receive twelve (12) or fewer adults to be provided with foster care.
Adult Foster Care Large Group Home: An adult foster care facility with the approved
capacity to receive at least thirteen (13) but not more than twenty (20) adults to be
provided with foster care.
Adult Foster Care Congregate Facility: An adult foster care facility with the approved
capacity to receive more than twenty (20) adults to be provided with foster care.
Foster Care Facilities - Family:
Foster Family Home: A private home in which 1 but not more than 4 minor children,
who are not related to an adult member of the household by blood, marriage,
guardianship or adoption, are given care and supervision for 24 hours a day, or 4 or
more days a week, of 2 or more consecutive weeks, unattended by a parent or legal
guardian.
Foster Family Group Home: A private home in which more than 4 but fewer than 7
minor children, who are not related to an adult member of the household by blood,
marriage, guardianship or adoption, are provided care for 24 hours a day, for 4 or
more days a week, for 2 or more consecutive weeks, unattended by a parent or legal
guardian.
Adult Foster Family Home: Any facility licensed by the State to provide foster care.
Section 400 (Principal Uses Permitted) of Article IV (R-1, Single-Family Residential) of the Zoning
Ordinance of the City of Muskegon is hereby amended to replace #3 as follows:
3. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
Section 600 (Principal Uses Permitted) of Article VI (RT, Two-Family Residential) of the Zoning
Ordinance of the City of Muskegon is hereby amended to replace #5 as follows:
5. Adult Foster Care Family Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
Section 601 (Special Land Uses Permitted) of Article VI (RT, Two-Family Residential) of the Zoning
Ordinance of the City of Muskegon is hereby amended to replace #8 as follows:
8. Adult Foster Care Small Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
Section 700 (Principal Uses Permitted) of Article VII (RM-I, Low Density Multiple-Family
Residential) o(the Zoning Ordinance of the City of Muskegon is hereby amended to remove #8 and
replace #9 as follows:
8. Foster Care Small Group Homes.
Section 701 (Special Land Uses Permitted) of Article VII (RM-I, Low Density Multiple-Family
Residential) of the Zoning Ordinance of the City of Muskegon is hereby amended to add the
following:
6. Adult Foster Care Large Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
Section 800 (Principal Uses Permitted) of Article VIII (RM-2, Medium Density Multiple-Family
Residential) of the Zoning Ordinance of the City of Muskegon is hereby amended to remove #3 and
replace #4 as follows:
4. Ad~t Foster Care Large Group Homes.
Section 801 (Special Land Uses Permitted) of Article VIII (RM-2, Medium Density Multiple-Family
Residential) of the Zoning Ordinance of the City of Muskegon is hereby amended to add the
following: .
3. Adult Foster Care Congregate Facilities, provided that such facility shall be at least
one thousand five hundred (1,500) feet from any other similar facility.
Section 900 (Principal Uses Permitted) of Article IV (RM-3, High Density Multiple-Family
Residential) of the Zoning Ordinance of the City of Muskegon is hereby amended to remove #4 and
replace #5 as follows: ·
5. Adult Foster Care Family Homes, Adult Foster Care Small Group Homes, Adult
Foster Care Large Group Homes, and Adult Foster Care Congregate Facilities.
Section 2000 (Principal Uses Permitted) of Article XX (H, Heritage) of the Zoning Ordinance of the
City of Muskegon is hereby amended to add the following:
5. Adult Foster Care Family Homes.
This ordinance adopted:
Ayes: Shepherd, Spataro, Warm ington. Buie. Gawron. Larson, Schweifler
Nayes: None
- - -- - - - - - -- - - - - - - - -- - - - - -
Adoption Date: ______
November 26 _______
2002 ____
......._
Effective Date: · December 14 2002
. First Reading: November 26 2002
Second Reading: N/ A
--'----- - - -- - -- - - - - -
t1w.. o.c:\G...,..L-r
CITY OF ~SI(EG~, _
By,
Gail A. Kundinger, MMC 'tyClerk
Commission Meeting Date: November 26, 2002 - Zoning Ordinance Amendments for AFC Facilities
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26th day of November, 2002, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and wiH be or
have been made available as required thereby.
DATED: ~I :l-
- --3 -- --__, 2002.
Gail Kundinger, MMC d'°
Clerk,_City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 26, 2002, the City Commission of the City of Muskegon adopted
an ordinance to amend Article II (Definitions), Section 400 (Principal Uses Permitted) of Article IV
(R-1, Single-Family Residential), Sections 600 (Princip"1 Uses Permitted) and 601 (Special Land
Uses Pe1mitted) of Article VI (RT, Two-Family Residential), Sections 700 (Principal Uses Permitted)
and 701 (Special Land Uses Permitted) of Article VII (RM-1, Low Density Multiple-Family
Residential), Sections 800 (Principal Uses Permitted) and 801 (Special Land Uses Pe1mitted) of
Article VIII (RM-2, Medium Density Multiple-Family Residential), Section 900 (Principal Uses
Permitted) of Article IX (RM-3, High Density Multiple-Family Residential) and Section 2000
(Principal Uses Permitted) of Article XX (H, Heritage) of the City's Zoning Ordinance.
The purpose of this amendment was to amend the regulations for Adult Foster Care Facilities in the
City of Muskegon.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Ten-ace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published /J..c ,,1 J,,,·
I' f, 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
·Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Commission Meeting Date: November 26, 2002
Date: November 19, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department U. & .
RE: Architectural Services for barrier free design
house
SUMMARY OF REQUEST: To accept the bid by the only proposal
received from Destigter/Smith Architects 515 Madison S. E., Grand
Rapids, Mi for the architectural services to design a totally barrier free
home for the City of Muskegon at the cost of $8,600 plus expenses.
The home will be built at the parcel located at 1938 Hoyt under the City's
New Construction Infill program. After the completion of the home the
barrier free home will be sold to a qualified buyer.
FINANCIAL IMPACT: The funding for the cost of the design will be
allocated from the 2001 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: None
From: Kim Dcstigter To: Wilmem G. Griffin Date: 10/21/02 Time: tl:39:26AM Pagc2of7
\
DESTIGTER • SMITH ARCHITECTS
Date: Revised October 19, 2002
Proposal For: Architectural services for a new barrier
free residence at 1938 Hoyt, Muskegon,
Michigan
Submitted to: Mr. Wilmern G. Griffin
Director of Community and Neighborhood Services
City of Muskegon
93 3 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443-0536
Submitted By: DESTIGtER II SMITH ARCHITECTS
Kim David DeStigter, Architect
515 Madison S.E.
Grand Rapids, Michigan 49503
616-458-5620
rrom: .t\.tm uesugu:r 10: wumc:m u. unmn uue: lUILI/Ui. 11mc: 11:J~:LOI\M Page Jon
'
DESTIGTER. • SMITH AR.CHITECTS
Table of Contents
Finn Overview
Project Team
Project Overview
General Items Pertaining to Services
Scope of Services
Fee
Billing Rate Schedule
rrom: l\.lm ucsugi:er 10: vv11man u. unnm Vale: lUrll/U:l lime: ll:39:2f>AM Page4 of7
DESTIGTER. • SMITH AR.CHITECTS
FIRM OVERVIEW:
DeStigter/Smith Architects is a joint venture between Sole Proprietor Kim David DeStigter, and
Michigan Corporation, Designsmiths, Inc., c\wned by Grace AM. Smith. The joint venture began in
Grand Rapids in 1992 to provide quality design, planning, and architectural services to West
Michigan.
Together, Kim and Grace have over 30 years of experience in the practice of architecture, planning,
and interior design. Their designs focus on the needs and concerns of the client, the users, the
community, and the global environment. As professional problem solvers, we have developed a
reputation as good listeners who identity the needs and budgets of our clients then respond with
appropriate options and solutions. The leadership team of DeStigter/Smith Architects guides you
through planning decisions efficiently and effectively.
Our offices are located in the Heritage Hill Historic District of Grand Rapids. We provide
architectural and interior design services, construction administration, construction management,
urban planning, master planning, and a variety of consultation services, including code and zoning
studies.
PROJECT TEAM:
Kim and Daryl are currently working together on Heron Court Apartments which is a 33 unit
apartment complex for disabled residents. 16 of the units are type "A" barrier free units. the
complex is composed of a combination of duplex and fourplex buildings with a single family look to
them.
Kim DeStigter - Architectural Designer and Project Manager
We believe that Kim can also deliver a strong housing expertise to your project. At the University
of Michigan, his Masters concentration was in housing and that interest has continued through
today. Over the course of his professional career he has designed many housing units both single
family and multi-family and many of those units have been barrier free.
Daryl Domke - Universal Design Consultant
Daryle has worked as a universal design consultant for the past seven years both on his own and for
the organization, Disability Advocates. As a quadriplegic and wheelchair user himself, he can
identify through personal experience the difficulties that arise in poorly planned buildings.
/
From: Kim Dcstigter To: Wilmem G. Griffin Dale: 10/21/02 Time: ll:39:26AM Pagd of7
,,
DESTIGTER. • SMITH AR.CHITECTS
PROJECT OVERVIEW:
The City of Muskegon wishes to build a barrier free residence approximately 1,500 s,L to
1,600 s,L The residence will consist of three bedrooms, two full bathrooms, full kitchen,
dining room, living space, storage area, and attached car port The building will be single
story with no basement The location of the is 1938 Hoyt. It is being funded by funds
supplied to the City of Muskegon from the U,S. Department of Housing and Urban
Development - Home Investment Partnership Program 24 CFR 92, The home is to blend in
with the immediate neighborhood.
GENERAL ITEMS PERTAINING TO SERVICES:
A. Building Floor plans will be drafted in AutoCAD 2000 format
B. Information on owner furnished equipment will be provided by the owner, This
includes a list of each piece of equipment, its location, dimensions, weight and
mechanical and electrical connection requirements,
C. Contractual Agreement will be American Institute of Architects Document Bl41-1997
executed before work is commenced,
D. Owner will furnish the Architect with soil borings and geotechnical engineering report
for the site,
E, Owner will furnish survey including topographic information with one foot contours,
spot elevations, boundary, site and street utilities, building location and first floor
elevation, trees 6" caliper and greater, walks, drives, and adjacent streets,
F, Owner will furnish the Architect with the City's Zoning Regulations,
F. Owner will furnish Architect with program identifying the owners requirements for the
design.,
G. The firms liability insurance coverage is $500,000 per occurrence and $1,000,000
aggregate.
rrom: Kim Uestlgter 10: wumem li. liflltm Dole: 10121/02 Time: ll:39:26AM Page 6 of?
DESTIGTER. • SMITH AR.CHITECTS
SCOPE OF SERVICES:
Architectural Services included in fee estimate:
I. Provide schematic design and design development options to owner.
2. Design and Construction Documents to be used for building pennit.
3. I anticipate handling the structural design myself If complex issues arise that require a
structural engineer's analysis, the owner would be billed for that service at the hourly
rate of the engineer. Architect does not anticipate complex structure.
4. Lighting design, electrical layout, and documentation.
5. Materials specifications on the plans.
6. Changes initiated by other than the Architect after approvals have been made by the
owner.
7. Bidding phase document clarification and evaluation of bids.
8. Plan review application for the City of Muskegon
9. Construction Observation and Shop drawing review.
Architectural Services not included in fee estimate: May be added at request of owner.
I. Cost Estimates beyond Square Foot Opinion of Probable Cost.
2. Selection of Furniture
3. Electrical Service (by Electrical Contractor) I 00 amp.
4. Sizing of Heating and Air Conditioning Equipment and Ducts (by Mechanical
Contractor).
5. Sizing of Plumbing lines and Connections (by Plumber)
6. Septic System Design
7. Zoning or planning assistance
8. Landscape design
9. As Built Drawings
10. Fire protection design (Sprinkler System)
11. Multiple Bid Packages
From: Kim Destigter To: Wilmcrn G. Griffin Date: l0/21/02 Time: 11 :39:26 AM Page 7 or?
'·
DESTIGTER • SMITH ARCHITECTS
FEE:
$8,600.00 plus reimbursable expenses identified below
REIMBURSABLE EXPENSES:
Reimbursable expenses include long distance telephone charges, CADD plotting, printing, mileage,
photography, and other project related expenses.
BILLING RA TE SCHEDULE FOR ADDITIONAL SERVICES:
A. Architectural (Hourly Rates)
I. Principal Architect ............................................................................................. $70.00
2. CADD Specialist ............................................................................................... $50.00
B. Universal Design Consultant (Hourly Rate)
Daryl Domke .................................................................................................................. $45.00
C. Engineering (Hourly Rates)
1.0 times rate charged to the Architect by the Engineer.
Thanks for your consideration!
/
Date: November 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
M -120 from US-31 BR to City Limits
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the Milling & Resurfacing of that
section of M-120 within the City's corporate limits, from business 31 to the north
branch of the Muskegon river. And to approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
While this is an MOOT project, we are required to participate in the cost to mill and
resurface that section of M-120 which is within the City's limits. The City's share is
estimated at $11,950 but not more than 11.25% of eligible cost. The total estimated
cost of that portion of the project is estimated at $106,200.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2002-128(h)
'
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF M-120 FROM 31BR THE NORTH BRANCH OF THE MUSKEGON RIVER
TOGETHER WITH NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID
CONTRACT
Moved by Vice Mayor Buie and supported by ·
Commissioner Schwe i fl er that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 02-5449 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon. '
RESOLVED, that entry by the City into Contract Agreement Number 02-5449 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon. ·
Adopted this 26th day of November , 2002.
BY
ATTEST ~ Q, ~ ,1,.,,,,J,.:.,
Gail A Kundinger, City Clerk
CERTIFICATION ,
This resolution was adopted at a meeting of the City Commission, held on
November 26 , 2002. 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
By--1-
~~ - -=----
() _ ~ ~ ~ =-'-"l
~ ~ --
Gail A. Kundinger, Clelt-
DAB
NON-FEDERAL AID PROGRESS PAYMENT Control Section M 61076
Job Number 60099
Contract 02-5449
THIS CONTRACT is made and entered into this date of JAN O 9 2003 , by and
between the MICHIGANDEP ARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter
referred to as the "CITY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to construction improvements located within the corporate limits of the CITY.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them will be sufficient to pay the
cost of construction or reconstruction of that which is hereinafter referred to as the "PROJECT" and
which is located and described as follows:
Milling and bituminous resurfacing work on Highway M-120 from Structure BO 1 of
61076 which carries Highway M-120 over the Muskegon River to the northc CITY
limits near Cedar Creek; together with necessary related work, located within the
corporate limits of the CITY.
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be: $106,200; and
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form ofa written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
1. The parties shall undertake and complete the construction of the PROJECT as a state
trunkline highway in accordance with this contract. The term "PROJECT COST", as herein used,
is hereby defined as the cost of construction or reconstruction of the PROJECT including the costs
of physical construction necessary for the completion of the PROJECT as determined by the
DEPARTMENT and construction engineering, and any and all other expenses in connection with
any of the above. ,: £. C\:.••\IS\<£..,
\ {Cl f'( ocr
\ \J ~O~
J'l
w• . ,
utC O~ 2002
06/01/87 ANFA.FOR 09/27/2 1
t\\G\~tli\l\'1 \\lfl.
2. The cost of alteration, reconstruction and relocation, including plans therefor, of
certain publicly owned facilities and utilities which may be required for the construction of the
PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such cost
determined by the DEPARTMENT, prior to the commencement of the work, to constitute a
betterment to such facility or utility, shall be borne wholly by the owner thereof.
3. The CITY shall make available to the PROJECT, at no cost, all lands required;
therefore, now owned by it or under its control for purpose ofcompleting said PROJECT. The CITY
shall approve all plans and specifications to be used on that portion of this PROJECT that are within
the right of way which is owned or controlled by the CITY. That portion of the PROJECT which
lies within the right of way under the control or ownership by the CITY shall become part of the
CITY facility upon completion and acceptance of the PROJECT and shall be maintained by the
CITY in accordance with standard practice at no cost to the DEPARTMENT. The DEFARTMENT
assumes no jurisdiction of CITY right of way before, during or after completion and acceptance of
the PROJECT.
4. The parties will continue to make available, without cost, their sewer and drainage
structures and facilities for the drainage of the PROJECT.
5. The PROJECT COST shall be charged to and paid by the DEPARTMENT and the
CITY in the following proportions and in the manner and at the times hereinafter set forth:
DEPARTMENT - 88.75%
CITY 11.25%
The PROJECT COST and the respective shares of the parties is estimated to be as follows:
DEPARTMENT $ 94,250
CITY $ 11,950
TOTAL $106,200
Participation, if any, by the CITY in the acquisition of trunkline right-of-way shall be in
accordance with 1951 P.A. 51 Subsection Id, MCL 247.651d. An amount equivalent to the federal
highway funds for acquisition of right-of-way, as would have been available if application had been
made therefore and approved by the Federal government, shall be deducted from the total PROJECT
COST prior to determining the CITY'S share. Such deduction will be established from the
applicable Federal-Aid matching ratio current at the time of acquisition
In the event that Federal funds are received for any portion of the PROJECT COST, the
CITY'S share of such PROJECT COST shall be adjusted accordingly.
6. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the CITY on a
06/01/87 ANFA.FOR 09/27/2 2
monthly basis for the CITY'S share of the cost of work performed to date, less all payments
previously made by the CITY. No monthly billings of a lesser amount than $1,000 shall be made
unless it is a final or end of fiscal year billing. All billings will be labeled either "Progress Bill
Number _ _ _ _ ", or "Final Billing". Upon completion of the PROJECT and payment of all
items of PROJECT COST, the DEPARTMENT shall make a final billing and accounting to the
CITY.
7. In order to fulfill the obligations assumed by the CITY under the provisions of this
contract, the CITY shall make prompt payments of its share of the PROJECT COST upon receipt
of progress billings from the DEPARTMENT as herein provided. All payments will be made within
30 days of receipt of billings from the DEPARTMENT. Billings to the CITY will be based upon
the CITY'S share of the actual costs incurred as the work on the PROJECT progresses.
8. Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a
sufficient amount offunds received byit from the Michigan Transportation Fund to meet its required
payments as specified herein.
9. If the CITY shall fail to make any of its required payments when due, as specified
herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the State
ofMichigan or such other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the amount thereof,
and, if such default is not cured by payment within ten (I 0) days, said State Treasurer or other state
officer or agency is then authorized and directed to withhold from the first of such moneys thereafter
allocated by law to the CITY from the Michigan transportation Fund sufficient moneys to remove
the default, and to credit the CITY with payment thereof, and to notify the CITY in writing of such
fact.
10. All of the PROJECT work shall be done by the DEPARTMENT.
11. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
12. In connection with the performance ofPROJECT work under this contract the parties
hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title
42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the Regulations of the United States
Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including
Appendix "B ", attached hereto and made a part hereof, and will require similar covenants on the part
of any contractor or subcontractor employed in the performance of this contract.
06/01/87 ANFA.FOR 09/27/2 3
13. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the CITY and for the DEPARTMENT;
upon the adoption of a resolution approving said contract and authorizing the signatures thereto of
the respective officials of the CITY, a certified copy of which resolution shall be attached to this
contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON
By
Tit!
By_ ~o. LJ.-~
Title: Gail A. Kundinger
City Clerk
06/01/87 ANFA.FOR 09/27/2 4
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
I. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees notto discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as herein above set forth in Section I of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found lo have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (l) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in eve_ry subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the 11 contractor 11 ) agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinentto ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
ofanother who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non~
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
Date: November 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Industrial Park Lift Station
SUMMARY OF REQUEST:
Jackson Merkey Contractors be awarded the Industrial Park Lift Station contract since
they were the lowest, see bid tabulation, responsible bidder with a bid price of $89,820.00.
FINANCIAL IMPACT:
The construction cost of $89,820.00 plus associated engineering cost which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Jackson Merkey Contractors.
COMMITTEE RECOMMENDATION:
INDUSTRIAL PARK LIFT STATION REHABILITATION - S550
BID PROPOSAL
November 12, 2002
ITEM FELCO CONTRACTORS, INC. JACKSON-MERKEY CONTRACTORS
874 PULASKI AVE. 555 E. WESTERN AVE.
MUSKEGON, Ml 49441 MUSKEGON; Ml 49442
SCHEDULE OF PRICE
For the entire work outlined in theses
contract documents and the
drawing, complete as specified,
using equipment and material
only of the type and manufacturers
where specificallly named the
following LUMP SUM PRICE OF $110,820.00 $89,835.00
MATERIAL AND EQUIPMENT
The contract documents stipulate that the base Lump Sum bid price shall include materials
and equipment selected from the designated items and manufacturers listed therein.
This is to establish uniformity in bidding and establish standards of the items named.
Date: November 26, 2002
To: Honorable Mayor and City Commission
From: City Manager
RE: Request from Rolling Thunder to Fly POW/MIA
Flags on City Property.
SUMMARY OF REQUEST: Request to continue to fly the POW/MIA Flags on City
Property for one year. Authorization was given to fly the flags on City property last
year. The policy states that the flag flying period may be up to one year. It also
states that the maintenance of the flag is the responsibility of the requesting
organization.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION:
STAFF RECOMMENDATION: To approve the request to continue to fly the
POW/MIA Flags on City Property at the following locations for a period of one year:
a) The Welcome to Muskegon Shoreline Sign (Muskegon & Ninth Streets)
b) Hackley Park
c) LC. Walker Arena (outside)
d) LC. Walker Arena (inside)
Staff recommends that the City follow the outline of the policy and require the
requesting organization to maintain the flag(s).
ROLLING THUNDER@, INC. r,~w-~1~
WEST MICHIGAN CHAPTER 4
P. 0. Box 443 Muskegon, Michigan 49443
rJ.
':• .. ~ ,, ~
' '
"They Fought For Our Freedom - We're Fighting For Theirs"
Rolling Thunder®, Inc.
West Michigan Chapter 4
PO Box 443
Muskegon, MI. 49443-0443
Muskegon City Commission
933 Terrace Ave.
Muskegon, MI. 49442 November 1, 2002
We would like you to add us to the agenda for the City Commission meeting being
conducted on November 26, 2002.
The Issue we would like to discuss is the maintenance and care of the five existing
POW/MIA Flags located at:
a) The Welcome to Muskegon Shoreline sign (Muskegon Ave. & Ninth St.)
b) Hackley Park
c) City Hall
d) L.C. Walker Arena (Outside)
e) L.C. Walker Arena (Inside)
Over the last Twelve Months Rolling Thunder®, Inc. West Michigan Chapter 4 has taken
care of the maintenance of these flags. Through an agreement obtained last November with
the City of Muskegon.
The purpose of this agreement was to see if another organization would come forward and
request that the City fly their Flag because of letting the POW /MIA Flag fly. We hope this
has not happened, as we stated at the last meeting that the POW /MIA Flag is a Nationally
recognized Flag, and not an organizational Flag, and should not pose a problem.
We will be asking the same thing as we did last November. That the City of Muskegon
continue to fly the POW /MIA Flags and to pick up the care and maintenance of the flags.
We have found that approximately Two Flags per year are required for each location with
the exception of the one displayed inside the L.C. Walker Arena, which should require no
maintenance.
If you were to purchase the Flags through us the total cost per year would be $212.00.
4) 4 X 6's@ $29.00 ea. and 4) 3 X S's.@ $24.00 ea.
If you have any questions please call Dave Johnson (231) 777-1016
ohnson
Ro ing Thunder®, Inc.
West Michigan Chapter 4
Commission Meeting Date: November 26, 2002
Date: November 1 S, 2002
To: Honorable Mayor and City Commissi✓~s
From: Planning & Economic Developmen~
RE: Zoning Ordinance Amendment For Home Occupations
SUMMARY OF REQUEST:
Request to amend Section 400 (Principal Uses Permitted) of Article IV (R-1, Single-
Family Residential), Section 600 (Principal Uses Permitted) of Article VI (RT, Two-
Family Residential), Section 700 (Principal Uses Permitted) of Article VII (RM-1, Low
Density Multiple-Family Residential), and Section 2000 (Principal Uses Permitted) of
Article XX (H, Heritage) to change the requirements for home occupation businesses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add the proposed language
in the articles and sections described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/14
meeting. The vote was unanimous, with S. Warmington, M. Kleaveland, and B. Smith
absent.
11/15/2002
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 2094
An ordinance to amend Section 400 (Principal Uses Permitted) of Article IV (R-1, Single-Family
Residential), Section 600 (Principal Uses Permitted) of Article VI (RT, Two-Family Residential),
Section 700 (Principal Uses Permitted) of Article VII (RM-1, Low Density Mnltiple-Family
Residential), and Section 2000 (Principal Uses Permitted) of Article XX (II, Heritage) to change
the requirements for home occupation businesses.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 400 (Principal Uses Permitted) of Article IV (R-1, Single-Family Residential) of the Zoning
Ordinance of the City of Muskegon is hereby amended as follows:
2. Home occupations of a non-industrial nature may be permitted. Pennissible home occupations
include, but are not limited to the following:
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at a
time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in the dwelling
and only members of the immediate family residing on the premises may be
employed.
ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to the
normal senses of persons off the lot. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible interference
with any radio or television receivers off the premises or causes fluctuations in
the line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire.and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence of the
conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers where
employees come to the site and are dispatched to other locations.
viii) All activity must be conducted within a preexisting sttucture. The home
occupation shall not require internal or external alterations or involve
construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage ·other than that signage allowed
for home occupations under the sign requirements of this ordinance. [amended
11/00]
x) No goods shall be kept, or sold which are made or assembled off-site, except
as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of the
faruily, and the occupation shall not exceed twenty-five (25) percent of the
principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial vehicles
for delive1y of materials to and from the premises. There shall be no
commercial vehicles associated with the home occupation, nor parking of
more than one (I) business car, pickup truck or small van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large
equipment
(2) A service or manufacturing process which would normally require
industrial zoning
(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home, motel or
hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or owner
restrictions shall be permitted.
Section 600 (Principal Uses Permitted) of Article VI (RT, Two-Family Residential) of the Zoning
Ordinance of the City of Muskegon is hereby amended as follows. Section 2000 (Principal Uses
Permitted) of Article XX (H, Heritage) of the Zoning Ordinance of the City of Muskegon is hereby
amended to add the following:
4. Home occupations of a non-industrial nature may be permitted. Permissible home occupations
include, but are not limited to the following:
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one clien1/family at a
time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in the dwelling
and only members of the immediate family residing on the premises may be
employed.
ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to the
normal senses of persons off the lot. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible interference
with any radio or television receivers off the premises or causes fluctuations in
the line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence of the
conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers where
employees come to the site and are dispatched to other locations.
viii) All activity must be conducted within a preexisting structure. The home
occupation shall not require internal or external alterations or involve
construction features not customarily found in dwellings.
ix) There shall be no exterior display. or signage other than that signage allowed
for home occupations under the sign requirements of this ordinance. [amended
11/00]
x) No goods shall be kept, or sold which are made or assembled off-site, except
as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of the
family, and the occupation shall not exceed twenty-five (25) percent of the
principal building.
xii) There shall be-no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial vehicles
for delivery of materials to and from the premises. There shall be no
commercial vehicles associated with the home occupation, nor parking of
more than one (1) business car, pickup truck or small van on the. premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large
equipment
(2) A service or manufacturing process which would normally require
industrial zoning
(3) A commercial food service.requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home, motel or
hotel
(6) A tattoo parlor
(7) . An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or owner
restrictions shall be permitted.
Section 700 (Principal Uses Permitted) of Article VII (RM-1, Low Density Multiple-Family
Residential) of the Zoning Ordinance of the City of Muskegon is hereby amended as follows:
7. Home occupations of a non-industrial nature may be permitted. Pennissible home occupations
include, but are not limited to the following: ·
a. Alt and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmalcing and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at a
time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in the dwelling
and only members of the immediate family residing on the premises may be
employed.
ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to the
normal senses of persons off the lot. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible interference
with any radio or television receivers off the premises or causes fluctuations in
the line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicabie fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence of the
conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers where
employees come to the site and are dispatched to other locations.
viii) All activity must be conducted within a preexisting structure. The home
occupation shall not require internal or external alterations or involve
construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that signage allowed
for home occupations under the sign requirements of this ordinance. [amended
11/00]
x) No goods shall be kept, or sold which are made or assembled off-site, except
as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of the
family, and the occupation shall not exceed twenty-five (25) percent of the
principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial vehicles
for delivery of materials to and from the premises. There shall be no
commercial vehicles associated with· the home occupation, nor parking of
more than one(!) business car, pickup truck or small van on the premises.
xiv) Activities specifica~ly prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large
equipment
(2) _A service or manufacturing process which would normally require
industrial zoning
(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to,~ tourist home, motel or
hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or owner
restrictions shall be permitted.
This ordinance adopted:
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nayes:_N_o_n_:_e_ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ __ __
Adoption Date:----'-'-=-.:....::C:..:=...=-:.._~..,_~_;;__--
November 26 2002 -- - - - - -
Effective Date:----=-=...=....,==---"'-'--.;...i_-=-c....c....cc..
December 14 2002 _ _ _ _--'--_ _ __
First Reading:- ---.:..=---.:...::=:::....::..:__.:::..;:;_,.---=.----'--'-'-----------
November 26 2002
Second Reading: NA
----'--'-L..:....'------------- - ---
CITYOFMUSKE° b
By: ~ '.n.O. ·
Gail A. K u n d ~ Clerk·
Commission Meeting Date: November 26, 2002 - Zoning Ordinance Amendments for Home Occupation
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26th day ofNovember, 2002, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: November 26 , 2002.
Gail Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION .
Please ta1ce notice that on November 26, 2002, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 400 (Principal Uses Permitted) of Article IV (R-1, Single-Family
Residential), Section 600 (Principal Uses Permitted) of Article VI (RT, Two-Family Residential),
Section 700 (Principal Uses Permitted) of Article VII (RM-1, Low Density Multiple-Family
Residential), and Section 2000 (Principal Uses Permitted) of Article XX (H, Heritage) of the City's
Zoning Ordinance.
The purpose ofthis amendment was to amend the regulations for home occupation businesses in the
City of Muskegon and to add home occupations as permitted uses in the H (Heritage) zoning district.
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 December 4 2002 CITY OF MUSKEGON
By _ _-c:-----c:---:-:-::-:-:----
Gail A. Kundinger, MMC
Its City Clerk
PUBLISH ONCE WITIIlN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: November 19, 2002
SUBJECT: Snowplowing Services at Muskegon Mall and Surrounding Areas
2002/2003 Winter Season.
SUMMARY OF REQUEST:
Award to TRI-US Services, Inc., of Kent City, MI the contract to provide snowplowing, de-
icing and snow removal at Muskegon Mall and surrounding areas during the 2002/2003
winter season.
FINANCIAL IMPACT:
Need for service is weather-dependent. No history available.
BUDGET ACTION REQUIRED:
"Parking Operations" line item to be added to the General Fund, to which this expense will
be charged.
STAFF RECOMMENDATION:
Recommend approval.
COMMITTEE RECOMMENDATION:
A ffi r mn livc Action
6 16/724-6703
FAX/722- 12 14
Assessor
6 I 6/724-6 708
FAX/724-4 178
C eme tery
616/724 -6783
FAX/726-56 17
C ivil Ser vice
6 I6/724-671 6
FAX/724-4055 West Michigan's Shoreline City
C ler k
6 16/724-6705
FAX/72 4-4 178 Date: November 19, 2002
Comm. & Neigh.
Se r vices To: Honorable Mayor and City Commissioners
6 16/72 4-6717
FA X/726-250 1
From: Robert Kuhn, Director of Public Works
EngiTH-!cring
6 16/72 4-6 707
f/\X/ 72 7-6904
Re: Contracting the Snowplowing Services at Muskegon Mall and Surrounding Areas,
Fina11rc 2002/2003 Winter Season
616/72<1-67 13
FAX/724-6768
f irr Dept.
6 l 6/724-6792
TRI-US Services, Inc. of Kent City and Quality Transport, Inc. of Montague recently
FAX/ 724-6985 submitted bids to provide labor, materials, equipment, tools, and traffic control devices, as
Income Ti1x required, for the snowplowing and de-icing of, and snow removal from, lots, sidewalks and
616/72 4-6770 fire lanes throughout the current winter season at the Muskegon Mall and sunounding areas.
fAX/7 H -6768
Service shall commence at a requested start time or within two (2) hours of notification to
lnfo. Sy!-ikm.s
6 16/724-6706
commence, as issued by the Director of Public Works or designee.
f AX/722-430 1
Leis ure Scn•icc
For purposes of this contract, "Muskegon Mall" encompasses designated areas within the
616/724-6704 block of Third and Tenace Streets, Clay and Morris Avenues; "surrounding areas" will
FAX/724- 11 96
encompass city facilities outside that block, as deemed necessary. The definition of a
~ la n;tgC' r 's Office "normal service" assignment is the plowing and de-icing of all lots, sidewalks and fire lanes,
6 161724-6724
f,\X/722- 12 14 as specified, at the Muskegon Mall. A "special service" assignment consists of the removal
of snow or the snowplowing and/or de-icing equal to less than one "normal service" within
M,i yor's Office
6 I 6/724-670 I the Muskegon Mall and any service outside the Muskegon Mall and/or designated intervals.
FAX/722- 12 14
Hourly rates and the cost of materials for each "service" were solicited.
Neigh. & Con st
Srr vicrs
6 16/724-67 15
The need for service is dependent upon the weather; this unknown, coupled with no Mall-
FAX/726-250 I related winter maintenance history, presents a best-guess scenario. Expenses shall be
P h1nnin~/Zoni ng charged to the general fund.
6 16/724-670 2
f AX/72 4-6 790
TRI-US Services, Inc. is our recommendation for this contract for these reasons: there is a
l'o licc Dcpl. considerable difference between the TRI-US per-hour plowing rates of $255.00 ("no1mal
6 l 6/724-6750
FAX/722-5 140 service") and $75.00 ("special service") and Quality Transport rates of $610.00 ("normal
service") and $875.00 (" special service"). Although Quality Transport has larger employee
P ublic Wo rks
6 16/724-4 10 0 and equipment pools from which to draw and is located within Muskegon County, TRI-US
F AX/722-4 188
offers a sufficient number of employees and meets the equipment requirements. As the
T reasurer city' s street sweeping vendor for many years, and having won the contract over a much
6 16/724-6 720
FAX/724-6768
larger company, TRI-US has previously met its contractual obligations.
W a ler Billing Dcpl.
6 16/724-6 718
f AX/724-6768
W:1tc1· Fill rn tio n
6 16/724-4 l06
f /\X/755-5290 City of Muskegon, 933 Ter race Street, P.O. Box 536, Muskegon, Ml 49443-0536
Honorable Mayor and City Commissioners
Page 2
November 19, 2002
Project: Snowplowing Services at Muskegon Mall and Surrounding Areas
2002/2003 Winter Season
Following are the bids, as submitted by TRI-US Services, Inc. and Quality Transport, Inc.
TRI-US QUALITY
Normal Service
Plowing lots, sidewalks, fire lanes $255.00 /hour $610.00 /hour
De-icing lots, sidewalks, fire lanes $ 75.00 /hour $ 70.00 /hour
Bulk salt or Calcium Chloride $115.00 /ton $ 80.00 /ton
Bag salt or "Ice Melt" $ 6.50 /80# bag $ 40.00 /50# bag
Both companies indicate 4 hours as the estimated time to complete one (I) Normal Service
(snowplowing and de-icing) for a 3" snowfall.
Special Service
Plowing lots, sidewalks, fire lanes $ 75.00 /hour $875.00 /hour
De-icing lots, sidewalks, fire lanes $ 75.00 /hour $ 70.00 /hour
Bulk salt or Calcium Chloride $115.00 /ton $ 80.00 /ton
Bag salt or "Ice Melt" $ 6.50 /bag $ 40.00 /50# bag
Snow removal of lots and fire lanes $100.00 /hour $250.00 /hour
/pmb
(L/Bids/2002,03 Snowplowing ... Mall, Commission Ltr)
Commission Meeting Date: November 26, 2002
Date: November15,2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Rezoning request for property located at 2330 Barclay St.
SUMMARY OF REQUEST:
Request to rezone property located at 2330 Barclay St. (between Sherman and
Hackley.), from RM-1 Low Density Multiple-Family Residential, to R-1 Single-Family
Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request due to compliance with the future land use
map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/14
meeting. The vote was unanimous with M. Kleaveland, B. Smith, and S. Warmington
absent.
11/15/2002
w
_A_.-
zy"'
;:
...§
0
...§
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 14, 2002
Hearing; Case 2002-53: Staff-initiated request to rezone property at 2330 Barclay St. from
RM-1, Low Density Multiple-Family Residential to R-1, Single-Family Residential.
BACKGROUND
The subject prope1ty is located on Barclay St., between Sherman Blvd. and Hackley Ave. In
September of 1998, the City's Master Land Use Map (part of the Master Land Use Plan) was
amended to change the designated use from "Quasi-Governmental" to "Single and Two-Family
Residential" for a portion ofprope1ty on Barclay St. which includes the subject prope1ty. An
excerpt from the staff report for that change is included below:
Case 998-27 Ame11dme11t to the City Master P/(111
For lands straddling Barclay. North ofSherman and directly South of Hackley.
Portions of this area have been the subject of debate in the past. Most recently, a multi-family development and a
charter school have been considered The multi-family development ·was delayed until the Master Plan was updated so
the consultants could make special analysis and recommendation of the area. The neighborhood, Planning
Commission and staff were concerned about additional high-density development in the area. The resultant analysis
designated part of the area as "quasi-governmental" and part "multi-family" on thejzlfure land use map. Since the
denial of a special use permit/or a school at the site, staff and the mvner are in a difficult position to determine the
most appropriate way to proceed with site development.
l'isues associated with future land use designation for this area include:
1. Sewer capacity in the general area as it relates to the "Clay Hill" phenomenon.
2. The "F" (poorest) level ofservice evaluation for the Sherman/Barclay intersection.
3. The physical condition ofBarclay.
4. The Master Plan objective/or additional new, moderate income single-family housing in Muskegon.
5. The Master Plan objective to preservation natural features - mature trees, steep slopes and stream
corridors.
6. Neighborhood and community concerns to have q better mix of housing in the area in the form of low-
density housing since there is already a large concentration of high density housing close by.
In light of the issues, it is more appropriate to promote low-density development in the area.
The subject property cunently contains the Moose Lodge. The prope1ty is listed for sale as the
Moose Lodge is planning to cease operations. Staff feels that this is an ideal time to follow the
recommendation of the amended Future Land Use Map and to rezone the prope1ty to single-family
residential. Although several issues have changed since 1998 (the physical condition of Barclay
was greatly improved by a road project, and the approval and construction of a lower-density
condominium development directly south of the subject prope1ty), the overlying issue still remains
City of Muskegon Planning Commission - 11/14/02 I
in that there is a large density of multi-family housing around the Hackley Ave. and Barclay St.
intersection. Therefore, staff is proposing that the property be rezoned to R-1, Single-Family
Residential.
Staff has received one phone call from Jack at the Moose Lodge, asking who the applicant is for the
request and stating that representatives from the Moose Lodge will be at the meeting with objections
to the proposed rezoning.
PHOTOS
ORDINANCE EXCERPTS
ARTICLE VII- RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling
structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the
lower density One Family and Two Family Residential Districts, and MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
City of Muskegon Planning Commission - 11/14/02 2
In an RM-I Low Density Multiple Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
provided for in this Ordinance:
I. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the Jot area,
yard, and floor area requirements for one (I) and two (2) family dwellings equal to at least the requirements of
the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot in any
residential district.
4. Tourist homes having not more than two (2) guest rooms provided the premises fronts on a street which is
officially designated as a major thoroughfare or collector thoroughfare.
5. Rooming houses with a capacity of not more than three (3) roomers.
6. Churches and other facilities nonnally incidental hereto subject to the following conditions:
7. Home occupations of a nonindustrial nature may be permitted subject to the following:
8. Congregate living facility for not more than six persons, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
9. Adult foster care facility for not more than six persons.
I 0. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.
11. Uses similar to the above Principal Permitted Uses.
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers,
or other professional persons; real estate, insurance, credit service (other than loan) offices and similar
businesses supplying services instead of products when determined by the Planning Commission upon
application to it, to be consistent with the nature and condition of neighboring uses and strnctures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the
activities of which are conducted by mail, and which are not displaying or handling merchandise or rendering
service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in
dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet
from any other lot in any residential district.
City of Muskegon Planning Commission - 11/14/02 3
4. The office of a resident physician, dentist, architect, engineer, attorney, or similar professional person when
located within his dwelling, provided that not more than one (I) person not a resident in said dwelling is
employed in such offices.
5. Hospitals, sanitariums, and convalescent or nursing homes.
6. Previously existing or established commercial uses not already conve1ted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
7. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 702: PLANNED UNIT DEVELOPMENT
SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently
urbanized communities, and the standards in Section 2100 reflect residential development standards that the citizens of
Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this
Ordinance;
I. One Family detached dwellings.
2. Home occupation of a non-industrial nature may be permitted subject to the following:
3. Congregate living facility for not more than two persons, provided that such facility shall be at least
one thousand five hundred (1,500) feet from any other similar facility.
4. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses
Permitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
City of Muskegon Planning Commission - 11/14/02 4
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and
nonprofit swimming pool clubs, all subject to the following conditions: [amended 2/02]
2. Colleges, universities, and other such institutions of higher learning, public and private, offering
courses in general, technical, or religious education not operated for profit, all subject to the following
conditions:
3. Churches and other facilities normally incidental thereto subject to the following conditions:
4. Elementary, intermediate, and/or secondaiy schools offering courses in general education, provided
such uses are set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
7. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
8. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED] [Amended 8/01]
SECTION 403: PLANNED UNIT DEVELOMENT OPTION
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
City of Muskegon Planning Commission - 11/14/02 5
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the futme if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan
of the City.
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning chaoge and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
City of Muskegon Planning Commission - 11/14/02 6
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2095
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from RM-1 "Low Density Multiple-Family Residential," to R-1 "Single-Family Residential"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map ofthe City of Muskegon is hereby amended to change the zoning of the following
- described property from RM-1 Low Density Multiple-Family Residential, to R-1 Single-Family Residential:
CITY OF MUSKEGON COM@ CENTER OF SEC 36 Tl ON Rl 7W TH N 89D 52M E ALG El W 1/4
LN 685 FT TH SOOD 1OM W 730 FT FOR POB TH CONT S OOD 1OM W 602.85 THE 455 FT TH N 595
FT TH W 455 FT TO POB
This ordinance adopted:
Ayes: Buie. Gawron, Larson, Schweifler, Shepherd, Spataro, Warmi ngton
Nayes: None
- - - - -- - - - - - -- - - - - - - - - -- - - - - -
Adoption Date: November 26, 2002
Effective Date: December 14,· 2002
First Reading: November 26 2002
'
Second Reading: NiA
CITY OF MUSKEG~N/ •
By: w.Property Seei.rch I
Owners Name OAKES JERRI D
Property Address 15 E MUSKEGON AVE
MUSKEGON MI 49440
Owners Address 475 ADAMS AVE
MUSKEGON MI 49442
Property Number 24-205-189-0004-00
Map Number 24-31-20-353-002
Class 401
Neighborhood R06.
Legal Desc CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 4
BLK 189
Vie0 tvfotling Letbel j
2002 City of Muskegon I Comments _
http://intranet/Database/BG/bgshow.cfm?ID=3673 9/6/2002
)
INCIDENT LIST:
gcy Case# Offense Rpt Date Location
UPD 1996-019014-I LARCENY - THEFT 07/29/1996 15 MUSKEGON
UPD 1998-016036-I DISORDERLY PERS 06/28/1998 15 E MUSKEGON AV
UPD 1998-021042-I BURGLARY-FORCED 08/13/1998 15 E MUSKEGON AV
UPD 1999-009418-I AGGRAVATED/FELO 04/27/1999 15 MUSKEGON
UPD 1999-026622-I DAMAGE TO PROPE 09/26/1999 15 E MUSKEGON AV
UPD 1999-028626-I BURGLARY-FORCED 10/16/1999 15 E MUSKEGON AV
UPD 2000-007974-I BURG/ENT. W/O A 03/29/2000 15 E MUSKEGON AV
UPD 2000-007981-I GENERAL NON-CRI 03/29/2000 15 E MUSKEGON AV
UPD 2000-008146-I LARCENY - OTHER 03/31/2000 15 E MUSKEGON AV
UPD 2000-016658-I SUSPICIOUS SITU 06/20/2000 15 E MUSKEGON AV
UPD 2000-018508-I LIQUOR VIOLATIO 07/05/2000 15 E MUSKEGON AV
UPD 2000-018590-I LOST & FOUND PR 07/06/2000 15 E MUSKEGON AV
UPD 2000-023160-I OBSTRUCTING JUS 08/14/2000 15 E MUSKEGON AV
UPD 2000-023714-I NO PERSON SHALL 08/19/2000 15 E MUSKEGON AV
UPD 2000-024884-I DISORDERLY COND 08/30/2000 15 MUSKEGON AV
'UPD 2000-025960-I SUSPICIOUS SITU 09/09/2000 15 E MUSKEGON AV
'UPD 2000-031718-I WARRANTS 11/11/2000 15 E MUSKEGON AV
UPD 2001-007035-I HEALTH AND SAFE 04/04/2001 15 E MUSKEGON AV
.UPD 2001-022569-I DRUNKENNESS - E 09/04/2001 15 W MUSKEGON AV
UPD 2001-023043-I NARCOTICS EQUIP 09/09/2001 15 E MUSKEGON AV
UPD 2002-016789-I SUSPICIOUS SITU 07/23/2002 15 E MUSKEGON AV
lUPD 2002-017058-I DISORDERLY COND 07/25/2002 15 E MUSKEGON AV
Incident Report MUSKEGON POLICE DEPARTMENT 2002-016789-I
Incident No I Date & Time Rept Ottense: 98007
2002-016789-I 07/23/2002 12:09 SUSPICIOUS SITUATIONS
Occurrea From: I Occurred Until: Incident Location
07/23/2002 12:09 07/23/2002 12:09 15 E MUSKEGON AV
Current Disp I Disposed To Municipality District
CLOSED CLOSED LORD MUSKEGON 111
Disposition Date
07/23/2002
Juveniles Only?
NO
TTY Sent?
NO
I Cancelled? I TTY numner
Photos? I Consent? Affiaavit? Optional Date/Time
NO NO NO / / 00:00
Officer Assignea Investigating Officer
10429 ADDICOTT, MICHAEL BRIAN OFF
Name/Aciciress;Pnone I Description
p NO PERSONS
Description/Name/Comments IMake/MocieltStatl Serial No./Qtv/Value
NO PROPERTY
Status/Plate Type/VIN I Rea/EvirltValuel Descrintion
NO VEHICLES
Cateyorv I Description
NO M.O. INFORMATION
•
rpt_revt.c 1.41 Date Printed: 08/06/2002 Page 1
)
'
Continued MUSKEGON POLICE DEPARTMENT 2002-016789-I
Incident No I Date & Time Rept I Offense: 980u7
2002-016789-I 07/23/2002 12:09 SUSPICIOUS SITUATIONS
N TAKEN FROM WORDPERFECT DOCUMENT 2002016789.001
A
R A neighbor in the area of 15 E Muskegon Ave,advised me. Subjects
R continually drink on the back porch of this abandoned house.
A Li9uor bottles are being tossed in the yards. Subjects are
T urinating in the open.
I
V Unknown who the current owner of 15 E Muskegon Ave is.
E
Neighbors would appreciate an occasional patrol check and to have
the subjects,moved along.
No one was there at this time.
M. Addicott #61
•
rpt_revt.c 1.41 Date Printed: 08/06/2002 Page 2
Incident Renart MUSKEGON POLICE DEPARTMENT 2002-017058-I
Incident No J Date & Time Rept Offense: 53001
2002-017058-I 07/25/2002 21:29 DISORDERLY CONDUCT
Occurrecl· From:
07/25/2002 21:29 l Occurrea UntiT:
07/25/2002 21:29
Current Disp J Dispose-d To
Inciaent Location
15 E MUSKEGON AV
Municipality District
ARREST CLOSED ROESLER MUSKEGON 111
Disposition Date
07/26/2002
Juveniles Only?
NO
TTY Sent? J Cance uect?
NO
I TTY number
Pnotos?
NO
I Consent?
NO
Affi-davit?
NO
OptionaT Date/Time
I I 00,00
Officer Assignea Investigating Officer
10531 GEIGER, JEFFREY DAVID
Name7Arlrlress/Phone Descrintion
p ARNOLD, KENNETH Born 07/31/1951 MALE
E 1450 WOODCREEK #F Hgt. 5' 9" BLACK
R MUSKEGON MI 49441 Wgt. 170 NON-HISP
s (231) 733-9669 Hair BLK Eves BRO
0
N
ARREST
07/25/2002
I 89004 WARRANTS
s CHILDERS, GREGORY LEWIS Born 12/08/1955 MALE
431 ORCHARD Hgt. 5' 10 II BLACK
MUSKEGON MI 49442 Wgt. 170 NON-HISP
( 2 31) 725-7523 Hair BLK Eves BRO
OTHER
07/25/2002
l 5311 DISORDERLY CONDUCT
TURNER, CHARLES RAY Born 12/18/1957 MALE
31 HOUSTON #2 Hgt. 5' 9" BLACK
MUSKEGON MI 49441 Wgt. \50 NON-HISP
( ) - ( ) - Hair BLK Eves BRO
OTHER
l 5311 DISORDERLY CONDUCT .
07/25/2002
Descrintion/Name/Comments IMake/Moclel 'Stat I Serial No. /Qtv/Value
NO PROPERTY
Status/ Plate Tvne7VIN
NO VEHICLES
cateaofv
' Reci7Evirl7Value I Descriotion
I Descrintion
NO M.O. INFORMATION
rpt_revt.c 1.41 Date Printed: 087 06/ 2002 g
Pae 1
)
Continued MUSKEGON POLICE DEPARTMENT 2002-017058-I
Incictent No I Date & Time Rept I urtense: 5J0ui
2002-017058-I 07/25/2002 21:29 DISORDERLY CONDUCT
N TAKEN FROM WORDPERFECT DOCUMENT 2002017058.001
A Ofcs were on patrol on police bikes and we were checking on a
R suspicious persons complaint at 15 E Muskegon av.
R Ofcs located Turner, Childers and Arnold sitting on the back
A porch of the address drinking alcohol . Ofcs informed the subjects
T that there had been complaints about the loitering at the house.
I Ofcs advised all the subjects that they should not be hanging out
V there . The subjects were all ran on LEIN and Arnold was found to
E have a warrant out of Calhoun CO for Paternity.
The warrant was confirmed and Calhoun advised that they would be
here in the morning to pick up Arnold
Ofc Haug transported Arnold to the MCSD and lodged him.
Clear NO further action J.Geiger #40
'
rpt_revt.c 1.41 Date Printed: 08/06/2002 Page 2
2)li7H•6.,i.tJ
FA\/722•121.i
AHcssor
231172-1-6708
}'AX/726-5181
Cemetery
231/72-1-6783
FAX1726-5617
Chi! Senicc
2Jl172-1-6716
FAX/72-1--4-105
Clerk Date: August 23. 200 I
2J 1/72-1•6705
FAX/72-1--4178
Jerri D. Oaks
Comm. & ;\'e\gh.
Sen·lces
475 Adams
231112-1-6717 i\1uskegon. MI 49442
f AX/726-2501
Engineering Alfonzo Fanner
2311724-6707
FAX/727-6904 475 Adams
finance
Muskegon, MI 49442
231/72-1-6713
FAX/724-{;768
Dear Property Owner:
Fire Dept,
231/724-6792
FA'fJ724-6985 Subject: Board-up: 15 E. Muskegon A\·e, Muskegon, MI
Income Tu
231172-1•6770 The structure owned by you at the subject address has recently been found to be
FAX1724-6768
dangerous because it is unsecured. Unsecured structures are not only an invitation to
Info. Systems children, but also to vagrants, vandals, and others who would use th~m for illegal
2311724-6744
FAX1722-4301 putvoses.
Leisure Service
2311724•6704 To combat this, City building regulations require that windows, doors, or other openings
FAX/724•1196
on vacant structures be kept intact and securely locked or neatly boarded up in order to
:\tanager's Office prevent entrance by unauthorized persons. Boarding must be done with exterior grade
2311724•6724
FAX/722-1214 plywood 'at least½ inch thick which is painted to blend with the colors of the
building so as to be as inconspicuous as possible.
~1ayor's Office
2311724•6701
FA.X/722-1214 Please note. however. that under City ordinance a proJ' LJ.s. Postal Service .
Inspection Sen·lces for longer than 180 consecutive days. , CERilFIED MAIL. RECEIPT
(Domestic Mai/ O I . N .
2311724•6715
FAX1726-2501 I r- "Y, o Insurance Coeerage Pro,;da, ..
As a dangerous building, your structure(s) must bes_/;::
Plannlng/Zonlng
2311724-6702 elate of this notice. lfthe,.builcling is not secured wif ·
FAX172-1-6790 Muskegon will take action to have it secured and tlj 1 U.S. Postal Service
Police Dept. Any unpaid invoices could be sent to a collection,!' f CERTIFIED MAIL RECEIPT
231/724.6750 (Domestic Mai/ Only; No Insurance Coverage
rating if not paid. r
-,--~=~~
FAX/722•5140 ·n
.,;,..t:J
c:,
Puh!k \\'urks
2J 11724--4100 If you ha\·e any questions concerning this matter,,/ ~ 2
FAX1722-4188
724-6 71 5. ' ,~._ c:, --=---1.::::tti\U.2.Sf;l<--'-.
Postage $
Treasurer
' ~ ;! r-----_J
2311724-6720
FAX/72,H768
Wa1cr BIiiing Depl.
2J 1/72-1-6 718
inc&ld_?i ~ • 9- tr'
§ ill (End~~~~e~icReipt
t:J: ,;
fee
Certified Fee
equired) ,___ _ _ _ _ _ J
CJ (:;Jgicled Del/very Fee I
r-1' CJ
p I
\~e:arl(
''
FAX/724---6768 Ro erl B. Grabinski
Fit, Marshal/Inspection Services
I C:,
rsemenf Required)
Total Postage.,,., ,:$;;:------_}
1cJ~~k~n~t~~;~.,~~~~~~~~~~~~~=~--
·~(R~e
Water Fll!ra!lon
2J 1.1724-4106
c:, Q. \
8
" me /Please p
FAX/7~5-5290
'·I
EQ (.) "1......0
. .1:1,_ .. C- rlnt Clearty) (ro be co
t:J NO. :o;·;,·o······.C:0...[fb.."f r
Slree_t, Apt, mp/eted by mal!er)
It C:,
,._ ... :J... .
JS
I\ I Box No. • •••
_,.~ a. 5:.
••••••••••••••••••••
•••••••••••••••
City of ~luskcgon, 933 Termer Street, P.O. ~ City, State, "ifp;·,; ······~-✓-.......... • ••••••.••
I'- ......... .
:11 <-tQ 1./ '-I z...:·--- ··················
'"
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
that the building located on the following described property constitutes a dangerous building
and has recommended to the City Commission that ii shall be demolished. If demolished, the
cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
determination was made by the Housing Board of Appeals on July 11, 2002. The property is
described as follows:
* The east½ of Lot 4 Blk 189 of the revised plat of the City of Muskegon
Also known as: 15 E. Muskegon
Any person interested in the property should consult with the Office of the City Clerk for the
City of Muskegon for further information. •
Witnesses:
~~ddi
;.;,, cl" I?, rf-,. ,,-
'fn~/llu:.,'DJ ~~
rri__c,-,fo__,...J..C fr?_,.-·(""? I cJc:.'"/::
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ol'lf/, day of Ju {J , 2002 by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.
cj0n~g{) ~
L/,,/q S. /bt-1--,.,..,., Notary Public
Muskegon County, Michigan
My commission expires: t-,;,S--0.2.
Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, Ml 49443-0786
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO REPAIR OR DEMOLISH
Date of Order: July 16, 2002
Address of the property: 15 E. Muskegon
Description of the structure: The Easterly ½ of lot 4 of Block 189
To: Jerri Oaks, 475 Adams, Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties •
OPPORTUNITY TO REPAIR
The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance. However,
it is determined that the buildings are repairable, provided that permits are applied
for and repairs performed in a timely manner. Therefore, it is ordered that this case
be tabled for 120 days from the date of this letter to allow the owner or interested
parties time to pull necessary permits and complete repairs. All said repairs shall be
completed within this time frame.
If these conditions are not complied with by the 120 days given, this case will be
forwarded to the City Commission for their concurrence to demolish the structure.
2
FAILURE TO COMPLY - DEMOLITION ORDER
TO BE SUBMITTED TO THE CITY COMMISSION
In the event the owners or interested parties fail to pull required permits and
commence physical repairs as ordered, then the above order of the Housing Board
of Appeals shall constitute an order to demolish the said structures.
In such case, the Director of Inspections is ordered to place before the Muskegon
City Commission, this order and the record in this case to seek concurrence by the
City Commission with the decision of this board for demolition, and further, to give
notice to the owner and interested parties of the date and time when this matter shall
be considered by the City Commission.
CITY OF MUSKEGON
HOUSING BOARD OF APPEALS
~i~~~.
By+---------------
R bert Grabinski, Director of Inspections
3
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: July I, 2002
' Property:
Address of the 15 E. Muskegon Ave.
TO: Jerri Oaks, 475 Adams, Muskegon, MI 49442
[Name & Address of Owner]
Alfonzo Farmer, 475 Adams, Muskegon, MI 49442
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 11, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure sh'ou!d be determined to
be dangerous, sub's(andard and a nuisance, and demolished, or repaired.
The reason for this hearing is to review the case.
At the hearing on Thursday, July 11, 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
~F
ON
MUSKEGO~J\Vs~Jlfr
ff!;{::p_"'{/J'~~ :iEPARTMENT,
OF APPEALS
By_,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
bert B. Grabinski, Director oflnspections
F:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
NOTICE OF CITY COMMISSION DETERMINATION
Date: May 30, 2001
Address of the Property: 15 E. Muskegon, Muskegon, Michigan
Description of the Structure: The East One-Halk (E ½) of Lot Four (4) Block 189 of the Revised
Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County Records
TO: Jerri D. Oaks, 475 Adams, Muskegon MI 49442
[Name & Address of Owner]
Alfonzo Fanner, 475 Adams, Muskegon MI 49442
[Name & Address of other interested parties]
Please take notice that on May 8, 20_QJ_, the City Commission detennined to concur
with the order of the Housing Board of Appeals to demolish the above structure. You are hereby
notified that, unless you obtain the issuance of the appropriate demolitibn pennit and demolish
the structure within 30 days, the City shall enter upon the property and demolish the said
structure.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the date of mailing of this notice.
CITY OF MUSKEGON INSPECTION DEPARTMENT
Bya&tt~
F:\INSPECTIONS\EVEREIBWORDICC MEETINGS\STANDARD FORMS\CITY COMMISSION DETERMINATION
(ACTION).DOC
Memo
To: Honorable Mayor and City Commissioners
From:Bob Grabinski, Fire Marshal
CC:
Date: 05/02/01
Re: 15 E. Muskegon
This office completed the inspection of the property on April 11, 2001. Attached to
this memo is a copy of the letter and inspection report sent to the property owners.
The new inspection increases the cost estimate to repair from tfie $7,500.00 for the
exterior items to the area of $25,000.00 to bring the structure to code.
I would also point out the dates indicated in the letter to obtain a permit and submit a
schedule for completion of repairs. The date indicated in the letter past with no
communication from the property owner, and as of this writing no contact has been
made.
For these reasons, staff recommends that you concur with the housing board of
appeals and authorize the Mayor and City Clerk to obtain demolition bids on this
property.
-\:T1rm1!l\e A;tlon
2.11 .. ~-'--6 .. 0J
f \ \ iU-121-4
\~Huor
l.) 1.724--6 708
FAX.nl6-S18I
Cemetery
lJtm4--678J
f.--\. .X/126-5617
Ch:11 Strvke
lJlnU--6716
FAX1714-4405 West Michigan's Shordlne Oty
April 16, 2001
Clerk
lJtnl+-6705
FAX/714-4178
Comm. & Nel&b,
Stnices
lJtnl+-6717
Mr. Alfonzo Farmer & Jerri Oakes
FA.Xnl(~1501 475Adams
En&interin& Muskegon Ml 49442
lJlnl+-6707
FAX/717-'904
Re: 15 E. Muskegon, Muskegon Ml
Ftn1nce
lJlnl-4--6713
FAXnl+-6768 Dear Mr. Farmer:
Fire Dept.
lJtnl-4--6792 As you know, on Tuesday, April 10, 2001 the City Commission made the
FAXnl-4--6985
determination to table the above case for 12 days pending an interior inspection
Income Tax
1Jln14--6770
that was scheduled for April 11, 2001 @ 9:30 am.
FAX/71~768
Info. Sy1ten1.1 I have enclosed the City Commission Determination Letter'and the inspection
lJtnU-67« report for all trade inspectors that was conducted on April 11, 2001. After
FAX/722"4301
reviewing the inspection report, please submit a timetable for the repairs to be
131n,~704
Lebure Service
FAX/714-1196
completed. All the necessary permits must be applied for and all repairs must be
inspected upon completion. The timetable and permit requirement must be met
M1n1&er'1 Office
by April 23, 2001. Failure to comply will result in this case being heard by the
131n24-6714 City Commission on May 8, 2001.
FAX/721-1114
M1yor'1 Office Should you have any questions, please call (231) 724-6715.
hl
1Jtn24-670I
FAX/722-1114
Sincerely
131n,~7151)dJ:id
Inspection Services '
FAX/716-1501 ..
PlanMn&fl..onln& • ,
1Jtn24-6701 , .
rAXn1~190 R bert B .. Grabinski
Pollet Dept.
Fire Marshal/Inspection Services
2Jtn14-67S0
FAXnll-5140
Publlc Work.I
•
lJinl -'100
FAX/712-4188
Treuunr
lltnU-6720
FAX112-4-6768
Water Bllllna Depl
n1mu11s
FAX/71-4--6768
Water Flltndon
13lf7U.4106
FAXnSS-5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
NOTICE OF CITY COMMISSION DETERMINATION
Address of the Property: 15 E Muskegon, Muskegon, Michigan
Description of the Structure: The Easterly Y, of Lot 4 of Block 189
TO: Alfonzo Farmer & Jerri D. Oakes. 475 Adams. Muskegon MI 49442
' '
[Name & Address of Owner]
None Known at this time
[Names of Other Interested Parties) [Addresses]
Please take notice that on Tuesday, April IO , 20 0 I , the City Commission
detennined to table the case for 12 days pending the scheduled inspection on Wednesday, April
11. 2001 @9:30 AM. The case is to be brought back to the city commission if the repairs fail
the inspections.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the date of mailing of this notice. '
CITY OF MUSKEGON INSPECTION DEPARTMENT
rt B. Grabinski, Fire Marshal/Inspection Services
F:UNSPECTIONSIEVEREmWORD\CC MEETINGSICITY COMMISSION DETERMINATION (ACTION).DOC
CITY OF MUSKEGON
Dangerous Building
lpterior Inspection Report
15 E MUSKEGON
4/11/01
' '
Plumbing/Mechanical:
1. Chimney needs replacement.
2. Main plumbing vent needs support.
3. Furnace is missing.
4. Waste & vent piping is installed improperly.
5. Water piping is undersized.
Electrical:
1. Smoke detectors are missing. •
2. Upper rear hall is not lighted.
3. All 3-wire outlets need to be grounded.
4. Provide appliance Circuits in kitchen.
5. Outlets are missing throughout.
6. AC cable deteriorated. Must be replaced.
7. 60 Amp Service must be replaced.
8. Exterior Lights missing.
Building:
1. Siding is missing and/or falling off of home.
2. Chimney is in need of structural rebuild.
3. Foundation wall on the North East side of the basement has severe ,
structural damage. Wall is bowed to critical state. Block must be re-layed
with proper reinforcement or engineered design and fixed by a licensed
engineer.
4. Basement stairs need repair, Basement stairwell needs proper hand rail
and wall repair.
5. Repair all window frames and sills in basement.
6. Seal all open areas in foundation walls.
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:00-100; Address: 15 E.
Muskegon, Muskegon Ml.
SUMMARY OF REQUEST: This is fo request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at 15
E Muskegon, Muskegon Ml is unsafe, substandard, a public nuisance and that
ii be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: 00-100 - 15 E Muskegon, Muskegon Ml
'
Location and ownership: This single-family rental unit is located on E. Muskegon
in the Jackson Hill Neighborhood, HUD census tracking number 2. The owner is
Alfonzo Farmer and Jerri Oakes of Muskegon Ml.
Staff Correspondence attachments: A dangerous building inspection was
conducted on 12/4/00. A Notice and Order to repair was issued on 1/10/01. A
Notice of HBA Hearing was sent on February 13, 2001. The Board's issued an
Order to Demolish on March 7, 2001. Letter to Mr. Farmer dated 3/21/01.
Owner Contact: Mr. Alfonzo Farmer came to the inspection department with
copies of quit claim deeds that were not in the title search. It appears that he is
part owner with Jerri Oakes. Mr. Farmer was given until April 4, 2001 to comply
with the letter dated 3/21/01. There has been no contact from the owner since
then.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $10, 800.00
Estimated cost to repair: ii 7, ,SOC) -p\w.~
F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA. \5 E MUSKEGON.doc page I of2
CITY OF MUSKEGON
NOTICE OF HEARING BEFORE THE CITY COMMISSION
FOR FAILURE TO COMPLY WITH OPPORTUNITY TO REPAIR,
AND SEEKING DEMOLITION AND REMOVAL
Address of the Property: 15 E Muskegon, Muskegon, Michigan
Description of the Structure: The Easterly½ of Lot 4, Block 189
TO: Alfonzo Farmer & Jerri D. Oakes, 475 Adams, Muskegon MI 49442
[Name & Address of Owner]
None Known at this time
[Names & Addresses of Other Interested Patiies]
On March 1 2001, the Housing Board of Appeals issued an order to demolish the above
structure, which required the issuance of appropriate pe1mits within 30 days of that order and the
commencement of physical demolition within the said 30 days. ,
You have not satisfied the requirements for repair set fo1ih in the Order of the Housing
Board of Appeals; therefore, the order of the Housing Board of Appeals constitutes an order to
demolish and remove the structure(s). You are hereby notified that on Tuesday, April 10, 20_Ql,
at 5:30 p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, the City
Commission will hold a hearing to detennine whether to concur with the Housing Board of
Appeals decision to demolish and remove the structure. You may appear at that time to show
cause why the structure should not be demolished. You are entitled to have counsel of your
choice present, if you desire. City Commission may concur in demolition, or disapprove or
modify the Housing Board of Appeals decision.
By_ _ _--1------------------
Robert . Grabinski, Fire Marshal/Inspection Services
F:\INSPECTIONSIEVERETT\WORD\CC MEETINGS\NOTICE OF CITY COMMISSION HEARING.DOC
\iTirnllllh~ .-\,:tlon
2Jl,7l-'-o".'0J
)
F.\Xi722• IH 4
Assessor
23 l 172.W.708
FAXfl26-5181
Cemeter-y
231/724--6783
FAX/726--5617
Ch-·11 Senice
231/724-6716
,,
FA.Xn24-4405 West Michigan's Shoreline City
March 21, 2001
Clerk
2J1n24-61os
FAxn24-4178
Comm, & Neigh.
Sen·kes Alfonzo Farmer
231/724-6717
FAX/726-2501 475 Adams
Engineering
Muskegon Ml 49442
2Jln24-6707
FAX/727-6904
Re: 15 E Muskegon, Muskegon Ml
Finance
231 /724-6713
FAX/724-6768 Dear Mr. Farmer:
Fire Dept.
23In24-6792 This is to confirm our telephone conversation regarding the above captioned
FAX/724-6985
property. You must comply with the following by Wednesday, April 4, 2001:
Income Tax
23tn24-6770
FAX/724-6768 1. An interior inspection needs to be scheduled. ,
Info, Systems
2. All necessary permits must be applied for.
231/724-6744 3_. Schedule of repairs and completion dates must be submitted.
FAX/722-4301
Leisure Sen-Ice Failure to comply will result in this dangerous building case being heard at the
231/724-6704
FAX1724-1196 City Commission Meeting to be noticed to you. At the meeting, the Commission
Manager's Office
will be asked to concur with the Housing Board of Appeals decision for demolition
23 tn24-6724 of the structures.
FA.X/722-1214
Mayor's Office Should you have any questions, please contact me at (231) 724-6715.
231/724-6701
FA.X/722-1214
Inspection Services
!~~~1~!!1
Planning/Zoning
231172 702
...,;
1w~ ~,
Sincerely
' J_ ~
Ro be rt B . Gra b"ins k"1
~
rAX112u790
Police Dept.
Fire Marshal/Inspection Services
231/724-6750
FAX/722-5140
Public Works
231172'-4100
FAX/722-4188
Treasurer
23Jn24-6720
FAX/724-6768
Water BWlng Dept.
231/724-6718
F AX/724-6768
Water FiJtratlon
231n24--4106
FAX/75S-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2001
To: Pamela Fields, 1817 Jefferson St., Muskegon MI 49441
Owners Name & Address
None known at this time
Name & Address of other interested paiiies
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday March I , 20 00, does hereby order that the following structure(s)
located at 15 E Muskegon, Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.
The Structure located on the easterly ½ oflot 4, block 189
'
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final detennination to concur and demolish, ifit is made, by
the City Commission. Demolition shall be accomplished no later than 60 days after a
concmTence by the City Commission.
The director of inspections is ordered to delay for 30 days placing before the Muskegon
City Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested paiiies of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
F:\INSPECTIONS\EVERETT\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director ofinspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said stmctures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission has
considered the record and this order, and has concurred.
.. ......,.o;,,
The City Commission may concur with this order, or disapprove or modify the order.
OR T ~ ~ ~ ~ L S :
Robe t B. Grabinski, Fire Marshal/Inspections Dept
'
F:IINSPECTIONSIEVERETnWORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF i\lUSKEGO:\
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Address of the Property: IS E Muskegon MI, Muskegon, Michigan
Description of the Structure: The Easterly½ of Lot 4 of Block 189
TO: Pamela Fields, 1817 Jefferson, Muskegon Ml 49441
[Name & Address of Owner]
None Known at this time
[Names & Address of Other Interested Parties]
Please take notice that on Thursday, March 1, 2001, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 p.m. and at the said hearing consider whether or not
the following structure should be deteimined to be dangerous, substandard and a nuisance, and
demolished, or repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair of Demolish a structure issued by the City of Muskegon Inspec~on Services Department
on 1/10/01.
At the hearing on Thursdav, March 1, 2001 at 5:30 p.m., at the Muskegon City Hall,
933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to
the Housing Board of Appeals and have counsel of your choice present, if you desire, to show
cause why the structure should not be allowed or ordered demolished .
. Grabinski, Fire Marshal/Inspection Services
F:\INSPECTIONS\EVERETnWORDIHBA MEETINGS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH} A STRUCTURE
DATE: 01/10/0 l
Address of the Property: 15 E Muskegon Ave., Muskegon, Michigan
Description of the Structure: The Easterly 1/2 of lot 4 of block 189
TO: Pamela Fields, 1817 Jefferson St., Muskegon MI 49441
(Name and address of Owner]
None known at this time.
[Names and Addresses of Other Interested Parties]
The Building Inspection Depaiiment of the City of Muskegon has detem1ined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of
the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish Of cause the demolition
and removal of the sairl structure unless you accomplish the actions indicated below within the
time limits indicated (only one to be checked):
I. X Obtain the issuance of all pem1its required to accomplish the repair of the
structure defects listed in the attached schedule within 30 days of this
notice. All repairs shall be accomplished within the times set forth in the
permits. All work must be physically commenced within 30 days of the
date of this notice.
2. Obtain the issuanc~ of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof within
GO days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in
the attached schedule.
F:\lnspections\Everett\ST AND ARD FORMS\15 E Muskegon.doc
Page I of 3
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
15 EAST MUSKEGON
12/4/00
Inspection Noted:
1. Chimney stack is missing brick and mortar is falling apart.
2. Unsupported connection on vent stack.
3. Improper step flashing on roof, verticle walls and chimney
4. Numberous broken out windows.
5. _ Siding is ripped off and/or falling off home. Siding is deteriorating due to
exposure of weather with no protection.
6. Front porch is sagging. Need structural investigation on flooring.
7. Back porch steps are cracked and unstable.
8. Large amounts of peeling paint on soffitl.
9. An interior inspection is required by the building, plumbing, mechanical and
electrical inspectors before any necessary permits or certificate of
occupancy will be issued.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
•
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
Henry Fa tinowski, Building Inspector
I
HBA Minutes 7/02
#00-100-15 E. Muskegon - Jerri Oaks, 475 Adams, Muskegon
Jerri Oaks was present to represent this case. Bob Grabinski gave a history of
this case. The owner had a TRO, they had a hearing in front of the judge, and he
remanded ii back to the HBA because of notification issues. The process is
started over at this point. There has not been any work done. Ms. Oaks stated
she has materials - siding, windows, and doors and she has contractors ready to
work. She stated there has been some interior work done such as painting. She
stated that she wants to know what it is she is appealing. Mr. Grabinski stated
Judge Marietti retains control over this property and his judgement was that the
city may reinstate demolition proceedings beginning with a re-hearing of this
matter before the HBA. Nick Kroes stated that the board wants to know how long
she needs to complete repairs on the house. She stated that she has contacted
a mason and engineer and should have answers soon as to when they can begin
work. She stated her engineer is Walter Nebadoom and his co-worker. She also
stated she has lost a lot of money with the whole ordeal. Mr. Grabinski stated
Walter is not a licensed engineer. She needs a licensed engineer for this project
and specific dates as to when the work can be completed. Ms. Shepherd
commented that when the city is sued people don't realize all the money that is
spent on attorneys and staff and she understands Ms. Oaks problem. She
suggested 30 days to complete the repairs. Ms. Oaks stated she just wants to
get to work, she's been on hold for a whole year, but there is no way she can do
the repairs in 30 days. Ms. Shepherd stated that the board needs to give a
deadline before it goes to the next level. Nick Kroes asked about tabling the
case for 30 days. Mr. Borgman asked for staff recommendation.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, but delay forwarding to city commission for their
concurrence for 120 days. If there is significant progress in that time the case will
not move forward. If after 120 days the progress is not significant the case will
move forward to city commission.
A motion to accept staff recommendation was made by Randy Mackie and
seconded by Clara Shepherd.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie John Warner
Jerry Bever
Jon Rolewicz
Nick Kroes
Clara Shepherd
The motion carried.
5 of 10
DATE: November 19, 2002
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 02-39 Address: 1670
Park (Garage).
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1670 Park (Garage) is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: #02-39, 1670 Park (Garage), Muskegon, Ml
Location and ownership: This structure is located on the corner of Park and E.
Dale in the Nelson Neighborhood. It is owned by William and Cheryl Hendire,
same address.
Staff Correspondence: A dangerous building inspection was conducted on
7/23/02, a notice and order to repair was issued 7/30/02. The owner pulled a
permit to repair on 8/26/02 and expired 11/402. The case was brought before
the HBA in October 2002. The structure was declared on that date and the
owner did not attend the meeting. Due to the condition of the garage (it is near
collapse) the case is being forwarded to City Commission for their concurrence.
Owner Contact: There has been no contact since pulling the permit in August.
No inspections have been requested and the garage appears to be near
collapsing.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $14,800 (house and garage)
Estimated cost to repair: $4,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 26, 2002.
O:\Inspcdions\Grabinski __Lorraine\ Word\CC MEETINGS\Agcnda 1670 Park (Gnrage).doc page 1 of I
·-
I
lfofo Por~
I
For The Inspection Department File#: 421035
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: William Hendire
PROPERTY: 1670 Park
PARCELNO: 24-205-439-0007-00
DESCRIPTION: W 80 ft. Lot 7 Blk 439
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1424 •
PAGE: 623
DATE OF DEED: January 7, 1988
GRANTOR NAME & ADDRESS: Janice J. Cherney and Vicki Hardenburgh,
536Oakwood,Muskegon,MI49444
GRANTEE NAME & ADDRESS: Vicki Hardenburgh, Robert Martin, Wendy
Martin and Diana Easley, 9274 W. 124th Str, Grant, MI; 9456 Oaklane,
Montague, MI; 1508 Ninth, Lot 67, Rock Springs, Wyoming and 536 Oakwood,
Muskegon,MI
LIENS OR MORTGAGES: None
TODAY'S DATE: July 31, 2002
EFFECTIVE DATE: July 2, 2002 at 8:00 AM
Abstracted by: ~ PlR .J {);n;yj U-IJ-R ,
T ATION TITLE INSURANCE COMPANY
The above infonnation 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.
Permit Application Approval Page I of2
\
11§1)
Building Permit Application
Street Address: 1670 PARK ST
Property
24-205-439-0007 -00
Number: -
Owners Name: HENDRIE WILLIAM LEE/CHERYL ANN -·-------------
Owners 1670 PARK ST
Address: MUSKEGON Ml 49441
Permit No: BD-02-8434
Requested by: Owner
Contractor: N/A
Architect: N/A •
Category: . BUILDING
Permit Type: ROOFING
Type of
R
Building:
Description: REPLACE ROOF AND REPAIR WALLS AND
WINDOW
Dates: App Date: 08/19/2002 Issue Date: 08/26/2002
Value: $400.00
I Item
Quantity
23.51
: Building Permit Fee
I
This application has been approved
Approved: Yes No
By: !Henry Faltinowski 3 Note:
Date: 09/04/2002
http://intranet/Permits/Data/p_ add _permit_app_approve.cfrn?PID=8434&Type=BD&DP ... I 0/21/2002
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1670 Park
(GARAGE)
7125/02
Inspection noted:
1. Windows broken and must be repaired.
2. Roof structure failed and must be repaired or replaced.
3. Windows broken and must be replaced.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FO~TH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
7-..}-S ---D ~
SPECTOR DATE
F:llnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1670 Park
(G).doc
)
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: July 30, 2002
Address of the Property: 1670 Park (Garage), Muskegon, Michigan
TO: William Hendire, 1670 Park, Muskegon, Ml 49441
[Name & Address of Owner]
None
(Interested Parties)
The Building Inspection Department of the City of Muskegon t1as determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ~X~_ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
)
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1670 Park (Garage)
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
rt B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: October 7, 2002
To: William Hendire, 1670 Park, Muskegon, Ml 49441
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, October 3, 2002 does hereby order that the
following structure(s) located at 1670 Park (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are fpund, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if ii is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
At11rm1nn: ~cuun
231n24--610J
FAX1722-1214
Assessor
231/724--6708
FAX1726-5181
Ceme1ery
231/724-6783
FAX1726-5617
Ch·IJ Service
23 1/724-6 716
FAX/724-4405 West Mlcltlgan's Shoreline City
Clerk
231/724--6705 November 15, 2002
FAX/724-4178
Comm. & Neigh.
Services
231/724--6717
FAX1726-2501 Janice Cherney& Vicki Hardenburgh, 536 Oakwood, Muskegon, Ml 49444
Engineering Wendy Martin, 9456 Oaklane Dr, Montague, Ml 49437
231/724-6707 Robert Martin, 1508 Ninth, Lot 67, Rock Springs, WY 82901
FAxn27-6904
Diana Easley, 124TH St. Grant, Ml 49327
Finance
2J1n24-67tJ
FAX/724--6768 Re: 1670 Park St. (Garage)
Fire Dept.
231/724-6792 To Whom It May Concern:
FAX/724-6985
Income Tat
231/724--6770
Upon receipt of the title search on the address above, you are being sent notices
FAX/724-6768 which previously were sent to William & Cheryl Hendrie who live at this address.
Info. Sy1tems
231/724-674-4 '
The case has gone before the Housing Board of Appeals and they declared the
FAX/7224301
garage a dangerous structure, but the owner had pulled a permit and had until
Leisure Service
231/724-6704
November 4, 2002 to complete the repairs.
FAX/724-U96
Manager's Omce
Due to the poterttial collapse of the garage and the dangerous situation, it is
231/724--6724 being forwarded to the City Commission as soon as possible. All notices,
FAX/722-1214
including the hearing date, are enclosed also.
Mayor's omce
231/724-6701
FAX/721-1214 If you have any questions or concerns, please call the Inspection Department at
Inspection Services
231-724-6715.
231/714--6715
FAX/726-1501
Sincerely,
Plannlng/Zonlng
131/724-6701
FAX/724-6790
Police Dept.
l3tn24--6750 0
FAX/722-5140
Di ector of lnspectons
Public Works
2Jtn24-4100
FAX17224188
Trenurer
23Jn24--6720
FAX1724-6768
Waler Billing Dept.
231/724-6718
FAX/724-6768
Water Ftltratlon
l3ln24-4106
FAX/755-5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: November 15, 2002
1670 Park (Garage)
(Address of Property)
TO: All owners and interested parties:
William & Cheryl Hendrie, 1670 Park, Muskegon, Ml 49441
Janice Cherney& Vicki Hardenburgh, 536 Oakwood, Muskegon, Ml 49444
(Other interested parties)
Wendy Martin, 9456 Oaklane Dr, Montague, Ml 49437
Robert Martin, 1508 Ninth, Lot 67, Rock Springs, WY 82901
Diana Easley, 124TH St. Grant. Ml 49327
•
On October 3. 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code !!Ind ordered that it be repaired or demolished. A permit was pulled
to repair on 8/19/02 and the repairs were to be finished by 11 /4/02 with a final
inspection conducted by that date also. Due these conditions not being met. the case
is being forwarded to the City Commission for their concurrence to demolish the
structure.
The City Commission will hold a hearing on November 26, 2002, to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on November 26, 2002, at the Muskegon City Hall. 933 Terrace Street. Muskegon.
Michigan, with counsel. if you desire. to present any relevant evidence and arguments
concerning the decision to demolish the above structures.
O:\INSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC -
HBA Minutes 10'3 ·oc
-037 - 159 Larch (Garage) - Robert Fitzpatrick, s
atrick was not present for the meeting. as pulled a permit to repair
the roof. e called the office and stated he wil e calling for a final inspection
within two ks.
Staff Recommend · n: Table the ca O days to allow the owner time to finish
repairs and call for fin
A motion was made by Ra
staff recommendation.
A roll cal vote was taken·
AYES: ABSENT:
Greg Borgman
Randy Macki
Nick Kroes
Jerry Bev
Jon Ro icz
Clara hepherd
Joh
'
emotion carried.
#02-39 -1670 Park (Garage) - William Hendire, same address
Mr. Hendire was not present at the meeting and there has been no contact with
the Inspection Department.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, and forward to city commission for their concurrence.
A motion was made by Clara Shepherd and seconded by John Warner to accept
staff recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Nick Kroes
6 of 8
HBA Minutes 10'3/02
Jerry Bever
Jon Rolewicz
Clara Shepherd
John Warner
The motion carried.
02-035 - 1733 Sixth (Garage) - Joseph Ciezak, same address
Mr. · zak contacted the Inspection Department and stated the gar
demoll ed.
#02-041 - E. Walton (Open Basement) - Joe Lance, 86
Muskegon, 49445
John Jonivan, Mr. C ce's son-in-law, was present.
getting too old to take re of things, but they have estimate from Press's to
demolish the basement.
Staff Recommendation: Dec e this building bstandard, a public nuisance,
and dangerous building, and fo ard to city mmission for their concurrence.
Motion made by Clara Shepherd, s
recommendation .
•
A roll cal vote was taken:
AYES: NAYES: ABSENT:
Greg Borgman
Randy Mackie
Nick Kroes
Jerry Bever
Jon Rolewicz
Clara Shepherd
John Warner
Old Busi ss: After the meeting Beth Gubocki questioned what Mr. rabinski
said ab t the illegal addition. She said her Father had permits and she "dn't
know y he thought it was illegal. Mr. Grabinski stated that it wasn't really
ille , it just wasn't constructed to meet code requirements. Clara Shepherd
st ed that the commission might be more favorable to her case and she still has
7 of 8
DATE: November 19, 2002
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 02-01 Address: 1715
Superior.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1715 Superior is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: 02-01, 1715 Superior
Location and ownership: This structure is located in the Marsh Neighborhood
and is owned by Amy Bradley of Fruitport, Ml.
Staff Correspondence: A dangerous building inspection was conducted on
6/23/98. Some work was done without permits after that time. Another
inspection was conducted 1/22/02 after a fire. A Notice and Order to Repair was
issued on 1/30/02. No one was present to represent the case before the HBA on
3/7/02 and the structure was declared substandard and dangerous. The owner
called the Inspection Dept. after that date and scheduled an interior inspection,
which was conducted 3/25/02. On 4/29/02 the owner called the office and
inquired on what to do next. She was informed she needed to submit a schedule
of repairs and apply for permits. There has been no contact since that date. The
city has had the structure boarded on 3 separate occasions. The case was
scheduled to go before City Commission on June 11, 2002, but the owner
worked out an agreeable arrangement with the Director of Inspections. A permit
was pulled 6/12/02 which expired 9/9/02. The case came back to the HBA in
October 2002 and the structure was declared. Since the declaration there has
been no contact from the owner and no inspections requested.
Owner Contact: Amy Bradley contacted the office 4/29/02 and inquired on the
next step. She was told to apply for permits and submit a timetable for repairs.
Her father, Dave Schliewe, pulled a permit on 6/12/02.
Financial Impact: CDBG
Budget action required: None
O:\lnspcctions\Grnbinski __ Lorraine\ \Vord\CC MEETINCiS\Agcnda 1715 Superior.doc page I of2
State Equalized value: $14,600
Estimated cost to repair: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 26, 2002.
O:\lnspcctions\Cirnbinski .. Lorraine\ Word\CC MEET!NGS\Agenda 17 lS Superior.doc page 2 of2
'·
\7\S
1-Narbor Title
955 West Broadway
Muskegon, MI 49441
Title Search
Case No.: 100222980
January 25, 2002
I. Beginning Date: 12/16/97, at 8:00 A.M.
Please See Attached Liber 2048, Page 366, Muskegon County Records, for Legal Description:
2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
1/4/2002, at 8:00 A.M.
Documents
Deeds: Liber 3153, Page 835. Mortgages:
Liber 2048, Page 366.
Taxes:
Payment of the delinquent water and sewer usage, due
and payable to the City of Muskegon in the amount of
$132.60, if paid by January 31, 2002.
Invoices due and payable to the Muskegon County 60 th
District Court in the amount of $882.50.
, 1998 taxes SOLD TO STATE. The amount necessary
to redeem in Januaiy is $860.97.
Payment of the 1999 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$1,248.60, ifredeemed by January 31,
2002.
Payment of the 2000 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $679.41, if paid by January 31, 2002.
Payment of the 2001 Winter taxes, due and payable to the
City of Muskegon Treasurer in the amount of$699.90, if
paid by February 14, 2002. Note: Included in this amount
is a delinquent water and sewer bill in the amount of
$88.20.
Note:
No 2001 Summer taxes were assessed.
Permanent Parcel No.: 61-24-185-110-0015-00.
2001 State Equalized Value: $14,000.00.
2001 Taxable Value: $11,003.00.
Non-Homestead Property.
(
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
County, Michigan, against:
\'\Amy Bradley
4. No search has been made for any instrnment, however designated, which has been filed as a financing statement
pursuant to the Uniform Commercial Code.
5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
the office of the Register of Deeds.
6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
evidence of title thereto.
7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not
relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limit~µ lo the amount
paid for this info1mation. /
,/
/
'
/
l
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: November 14, 2002
1715 Superior
(Address of Property)
TO: All owners and interested parties:
Amy Bradley, 4920 S. Brooks Rd. Fruitport, 49415
Dave Schliewe, 1705 Superior. Muskegon. Ml 49442
(Other interested parties)
Muskegon County Treasurer. P.O. Box 177, Muskegon. Ml 49443
On October 3, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject pr~erty is sub-standard. a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on November 26, 2002, to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on November 26, 2002, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any revalent evidence and arguments
concerning the decision to demolish the above structures .
. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: October 7, 2002
To: Amy Bradley, 4920 S. Brooks Rd., Fruitport, Ml 49415
Owners Name & Address
Dave Schliewe, 1705 Superior, Muskegon, Ml 49442
Names & Addresses of Other Interested Parties
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, October 3, 2002 does hereby order that the
following structure(s) located at 1715 Superior, Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or per~ons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
(
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Rob rt B. Grabinski, Director of Inspections
'
O:\INSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
{
1
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: September 19, 2002
Address of the Property: 1715 Superior
TO: Amy Bradley, 4920 S. Brooks Rd. Fruitport, Ml 49415
[Name & Address of Owner]
Dave Schliewe, 1705 Superior, Muskegon, Ml 49442
[Names & Addresses of Other Interested Parties]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
Please take notice that on Thursday, October 3, 2002 . the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous. substandard and a nuisance, and demolished. or
repaired.
The reason for this hearing to review the status of repairs on the structure .
•
At the hearing on Thursday, October 3, 2002 . at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street. Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF TH HOUSING BOARD OF APPEALS
B. Grabinski, Director of Inspections
O:IINSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
'
I IJtl'. l. .J~lifJ
_,-,:.--·- i:, . . .,. _ _ _~{ . . __,.'{
. . ..· .· - ·/',J:jri~t
~ ~-- ;. ~
·'·~1TY•···o·•f
··U · - Fir
DATF'Z\Ane.-,,,i, 20 ( ) ; ~ • • PERMITNO.
DESCRIPTION 01' WOIJK )&,ill l,.;·i.l.~!...D.13~~~~~2~4FU~~~!L!..\._____.::::ic::::_..:.:..:-,-_;_;_
..:Ji'Xoi(''"f
•
.· ".~.,~.r'.,·•.:
··•.·.·•···•.•·.·.·.·.}.'..-.:.r,[.·.·.,.,:.•.r_·.·.~
- ·· =
.. 1·:·.,.·.'....
,~.-~.::l,.:.:~.:,-_.,;·:.,::.i.~-'.·.:,~.'.-,.~.1.1
· -~-
.. ·t.r,k.:';_ -'
~.::.•.
,. J
' ' .. ' '~ii,:".-·
)\~~-~1}fi·tJ\:C;~\\:
EXPIRES: se·tt-c ,,~....
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMtORARILY OR
• PERMANENTLY. ENCROACHMEN"PS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,'MUST BE
APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE
OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM
THE. CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. . '
MINIMUM OF THREE CALL WHERE APPLICABLE SEPARATE
INSPECTIONS REQUIRED FOR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS
PERMITS ARE REQUIRED FOR
ALL CONSTRUCTION WORK: l CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL, PLUMBING AND
1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.
2. PRIOR TO COVERING STRUCTURAL QUIRED, SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL
MEMBERS !READY TO LATHI.
3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE.
OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
• ,.
"
WORK SHALL NOT PROCEED UNTIL THE TH~ PERMIT WILL BECOME NULL AND VOID IF WORK IS NOT INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARI- STARTED WITHIN TIME LIMITS SET BY THE CITY OF CAN BE ARRANGED FOR BY TELEPHONE
MUSKEGON HOUSING BOARD OF APPEALS. IT EXPIRES ON OR WRITTEN NOTIFICATION.
OUS STAGES OF CONSTRUCTION
THE DATE NOTED ABOVE.
- -• __ .. • .-.., ,- a..n,l'I I IUnl
City of Muskegon ,
I Date fu? ~ !1,--0 "j - 933Tenace St. P.O. Box 536
Muskegon, Ml 49443-0536
t
(231)7~758
I. JOB LOCATION
JobAddn,u Halaplan--CCOI~ forlhltpn,joct?
-\ 1 IS s u.. c. f' 1o , YE8 NO . NOT REaUIREII
N Owner Telephone
City Stale
II, CONTRACTOR /OWNER INFORMATION
ljiC:--
. . , _ r IN'"""
f)qve_ S cJ,, I-, QI.A)~
Uconse NL111ber Exp«811oc1Date
Mdma(Sboot & Name) City Stale ~Code
Telephone Number Federal emplOyer ID Nianber (or "!aaon for exemption) MESC Employer Number (or reeaon lorexempllon)
( ) - -- ·. :- I
Worlce11 Compenoatlon lnourance Canler (or '""'°" for exemption) I
Muskegon
YES
•
Con1raclor infurmation registered with the City of
NO
•
Ill. ARCHITECT OR ENGINEER
Name (Company or Individual) License Number
Address City State Zip code Telephone Number
IV. TYPE OF JOB
Claoo o f - (checl< alfllat,!l!l'ly)
NEW BUILDIIG ,
RESIDENTIAi-
J-!J ADIIITTON
• ALTERATION
INDUSTRIAL
• REPAIR
OTIIER
i;&1_
Description or w0f1<
Qe
Permit Fee
3S00.
g, Mechanical, aod Electrical work.
ISSUANCE OF BUILDING PERMIT
(PROJECTS STAR BE SUBJECT TO INVESTIGATION FEES)
I hereby certify !hat I have read aod examined this application aod know lhe same to be true aod correct. All provisions of laws
-·
aod ordinances governiog this type of work will be complied with whether specified herein or not. The granting of this permit
does not presume to give authority to violate or cancel the provisions of any other state or loco( law regulating construction or the
oerfonnance of construction.
VI. APPLICANT SIGNATURE
S«tfo• 231 of t1ie at.ate C911tA.cdu todt act of 1t72, lt12 PA ?Jt. MCL 125.152Ja, prolalblts • peno• from couplria1 to drcamn• t U.e UcnA.11,:
rcq • treme• b ortlab state rclatlac to perNJ• t w•• • re•• perform work o• • raldeallal b• Udlag or• rnklc• tfal 1tr• ctare. Viollton of lCdlo• 23• ate
19bjcdc-d to civil Datt."
Date
w - I "Le- 0 2.......
BJ,1)2
>-- \ -
(
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: May 23, 2002
1715 Superior
(Address of Property)
TO: All owners and interested parties:
Amy Bradley, 4920 S. Brooks Rd. Fruitport, Ml 49415
(Name of Owner)
Muskegon Countv Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Other interested parties)
On March 7, 2002, the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished .
•
The City Commission will hold a hearing on June 11, 2002, to consider the above decision of
the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at
the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.
B. Grabinski, Director of Inspections
F:UNSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
(
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
Home Had Fire
1715 Superior
3/25/02
Inspection noted:
I. Dryer vent needs to be installed to code. Bath needs exhaust to code.
2. Duct work and furnace need to be cleaned.
3. Furnace needs to be certified and gas pipe tested.
4. Tub and shower valve needs to be anti-scald. All fixtures need to be cleaned and in
working condition.
5. Water pipe installed to code.
6. Drains in working condition and to code.
7. Check water service and sewer main.
8. All floor joists that are damaged must be replaced or sistered to bearing points. Proper
column support is needed on make-shift beams.
9. Replace all interior ceiling covering and insulation damaged by fire.
10. All smoke damage to be sealed with approved method.
11. Hot water ~eater is not properly wired.
12. Smoke detectors required.
13. Front porch lights not mounted on box.
14. Furnace improperly wired.
15. Incandescent fixture not permitted in front bedroom closet.
NOTE: COULD NOT SEE WHOLE HOUSE DUE TO LARGE AMOUNT OF GARBAGE IN
HOUSE.
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.
F:\Inspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\1715 Superior interior.doc
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 12, 2002
To: Amy Bradley, 4920 S. Brooks Rd. Fruitport, Ml 49415
Owners Name & Address
Muskegon County Treasurer, P.O. Box 177. Muskegon, Ml 49443
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, March 7, 2002 does hereby order that the following
structure(s) located at 1715 Superior. Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence,by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
(
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Robe B. Grabinski, Director of Inspections
'
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: February 26, 2002
Address of the Property: 1715 Superior, Muskegon MI
Description of the Structure: Castenholz Sub. Div ofBlks 100, 101, & 103 to 120 inclusive, Blk
110Lotl5
TO: Amy Bradley, 4920 S. Brooks Rd. Fruitport, MI 49415
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, MI 49443
Names & Addresses of Other Interested Parties]
Please take notice that on Thursdav, March 7, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substindard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the Notice and Order
issued 1/30/02.
At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.111., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished. •
::EH~~01t!:t
CITYJ.2.E..,MUSKEGON INSPECTION DEPARTMENT,
~F APPEALS
Robe B. Grabinski, Director of lnspections
F:IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
(
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: January 30, 2002
Address of the Property: 1715 Superior, Muskegon, Michigan
TO: Amy Bradley, 4920 S. Brooks, Fruitport, Ml 49415
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Interested Parties)
The Building Inspection Department of the City of Muskegon has determined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of the
Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the demolition and
removal of the said structl!re unless you accomplish the actions indicated below within the time limits
indicated (only one to be checked):
1. X Obtain the issuance of all permits required to accomplish the repair of the
structure defects listed in the attached schedule within 30 days of this notice. All
repairs shall be accomplished within the times set forth in the permits. All work
must be physically commenced within 30 days of the date of this notice.
2. ---
Obtain the issuance of the appropriate permit for the demolition of structures
within 30 days, and accomplish the demolition thereof within 60 days of this
notice.
The conditions which cause the said structures to be dangerous, substandard and a nuisance
are listed in the attached schedule.
(
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a hearing will
be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing
this notice and order and instituting City action to remove the structure. You will receive notice of that
hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and
have counsel of your choice present, if you desire. You will have the opportunity to show cause why
the structure shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1715 Superior, Muskegon, Michigan,
and cause said structure to be a dangerous or substandard building and a public nuisance.
Please see the attached inspection report
CITY OF MUSKEGON INSPECTION DEPARTMENT
•
(
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
t-\D /nf.. 1-\ AO F- I I'-.€
1715 Superior
1122/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (this includes Plumbing,
Mechanical, Electrical and Building) before any permits or certificates of
occupancy will be issued.
2. Repair- replace all damaged roofing and siding on home.
3. Repair all foundation walls - tuck pointing.
4. Replace basement window frames - rotting.
5. Garage siding rotting, has peeling paint, unprotected.
6. Garage doors damaged need repair or replaced.
7. Large amount of debris left in open garage.
8. Broken our_ windows in garage and home need to be replaced.
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.
FAL TINOWSKI, BUILDING INSPECTOR
F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1715
Superior.doc
. .
DANr"".ROUS-BlllLDING INSPECTION (
1715 SUPERIOR
8/ZJJ97
APPROXIMATELY 20 FT X 40 FT I 1/2 STORY WOOD FRAME HOUSE Ai.'ID
GARAGE. .
1. FRONT PORCH MISSING SIDING AND UNPROTECTED WOOD EXPOSED TO
GRADE~
2. CONSTRUCTION WITH OUT A PERMIT.
3. NE.W WINDOWS DO NOT MEET CODE.
GARAGE:
4. OVER HEAD DOOR BROKEN WITH A SECTION MISSING.
5. SIDING MISSING.
l
I
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
\lliSKEC-ON CITY CODE.
#ac .
GEOR DOD, BUILDING INSPECTOR
cf1,,.;17
DATE
CONCURRED IN: .<2/44 ~d;/6;_-D
~ y ~ . BUOOING OFFICIAL
\
(
/ BUILDING INSPECTION
1715 SUPERIOR
10/14/97
Structural
1. Front porch requires footing. · ,J 0
tl'V
2. Front porch has missing siding and unprotected wood expg~ed to grade{ 1•
3. Construction done without a perm.it being issued; new windows do not meet egress code.
4. Hand.rail required on stairs.
5. Basement walls bow in approximately 4". ~ v:.
6. Floor joist under living room needs proper support. :/ JtrJ y
7. Floor joist in basement needs proper suppo~. /J L
8. Floor joist cut and split needs repair. ll v.,
9. Holes in block need repair and tuckpointing. .
--:LO. Smoke detectors required perCABO I & II Family Code, 1995 Edition, Section 316. , rJ/l
11. Re~orch guardrail needs to b~ finished: , -~~µ(
12. Garage overhead door broken with a section rrussuig., ~,~
!!3. Siding missing on garage. l'f·~
Electrical
: . Ser1ice illOO puiled ~oose :ram bwlding. (\r •¥/I
2. Service not ·properly grounded. 1 Ii•·
G). Exterior lights not mounted on boxes. ~! fl
- ~ Front po1;Ch lights not mounted on box. /J 11
5. · Kitchen outlets not GFI protected. gtL
Service not mounted on wall. 1S9
Furnace
-=---
improperly wired. .
Dryer improperly wired. 4c/.) k
$ Miscellaneous wires hanging down in basement. fJrfJ
""- _lg. Open junction boxes in basement. 1 \1.,
'Ql)Feed.ers to garage improperly wired. NA
12~Bathroom plug not GFI protected. 4 ti...·
,13. Incandescent fixture not permitted in front bedroom. ,-1)-<7 >Jt-7'
--· -. h·l,v. /, .11,-:;/" tvvt-11:£~1 >,/~
rfJu91_e~010J fYlI uJ£sr '73 3, ~ 5"Ljl-f 3
~ Wf\L..L. 2.-3-'16
\
2:,I.B s
A, T~r ~F- AtJ<-tLE
I iJ £ Tl'\-1...L ~c:1>1...t t>
WoD:t:> 8 L-D<..ll / /J 6,
3_.fi'Bet...T 10 ID Is.r J 2rJ C>
W~D F1-ootL J~1~,s.
✓
L.jx'-1>'- 1/4 At-Jt:,LE
A6rA J/\)$1 \t-./A-LL ------,Ex., STI N6i IJJAU.....
'Bow~ 11 IN Uf
-r;_, 3 , AP..b
V-j ~L-t> ¼I\ fL~Tf:='. L/ 11- rJ q 1- c. > fl LON 'f
4 1')( , 11 To 13onoM W f_f.1 lJALl- .op.
air Pti,j c., \ ..:e.. W IT )-\- rBAsE M crJT T.:>
"l.. \-k,t..,is.s ~ \/2..'' 4, '4<_ cl/,Jf-0(<..C:..E WAL.L-.
BS1-,s. •
~f=(l.lf'( AtJ'1LE- lEi-i',lll
.. • • . .
t °"B 1\-51$ YVI l:.N T
~ 'fLPtN
(U
\
FAX COVER SHEET
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon MI 49443-0536
Phone: (616) .7efL.-~ 7/7
Fax: (616) 726-2501
To:
From:
Date:
Total number of pages sent,. including cover sheet:
Please phone to verify receiving document:
'
Please review and phone/fax comments, etc.:
For your information only:
INSTRUCTIONS:
I
-\fflnnali\'e Aclion
6lG/72-H703
MUSKEGON (
·\ssessor
616/724·6708
Cemetery
6161724•678:J
Civil Scr\'ICC West MlcWgan's Shoreline City
616172+6716
Clerk
616/724-(1705
BUILDING INSPECTION
C. N. Services 1715 SUPERIOR
6161724•67 l 7
6-23-1998
Engineering
6 \ 61724-6707
Finance
I. Front porch requires footing
GIG/724-671:J 2. Front porch has missing siding and unprotected wood exposed to grade.
3. Handrail on stairs not installed correctly.
4. Garage overhead door broken with a section missing.
Fire Dept. 5. Siding missing on garage.
6161724-6792
6. Exterior lights not mounted in boxes.
7. Service panel not mounted securely to wall.
Income Tax 8. Feeders to garage not wired properly.
6 !G/724-6770
9. Incandescent light fixture not permitted in front bedroom closet.
IO. Chimney needs to be certified safe by licensed contractor.
lnspecLions
6161724•6715 This is the list that is remaining. The one item I did not insert in the list is the hardwired smoke detectors
we discussed on the p'\ione. When the smoke detectors are completed and brought up to the codes'
minimum requirements, we will issue a temporary occupancy for another 30 days. The thirty days will
Leisure Srrvice begin upon the date of issuance for the temporary occupancy. At the end of the extended time, another
6 l 61724-6704
inspection will be made to make sure all items on the list are complete.
:\lannger"s Office
6161724-6724 Jerry McIntyre
Planning/Zoning
6161724-6702
Police Dcpl.
616/724·6750
Publie Works
6 I 6/726-4 786
Treasurer
616/724-6720
Water Depl.
_61fl1724-67J8
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
- I
HBA ivlinutes 10'3'02
NAYES: ABSENT:
Greg Borgma
Randy Mackie
Nick Kroes
Jerry Bever
Jon Rolewicz
Clara She · rd
John
e motion carried.
#02-01-1715 Superior- Amy Bradley, 4920 S. Brooks Rd. Fruitport, Ml
Mr. Grabinski gave a history of this case. The permit issued expired 9/9/02. The
exterior has been sided and is cleaned, but the Inspection office is not aware of
any other work being done off the inspection report.
Dave Schliewe, Amy Bradley's Father, was present and he slated this house has
been a family project. He also stated the tenant left her belongings and he was
waiting for her to come and gel them because a friend told him to be careful
about removing her things. He has sided, installed new windows, painted with
KILZ and cleaned the yard. He has an electrical contractor giving him a bid
within a week. 'He doesn't think there is anything wrong with the plumbing, but
will gel a plumber in to check it. He thinks 30 days is enough time to gel done.
He plans to sell the house and is asking for more time.
Mr. Grabinski questioned Mr. Schliewe on the fact that being a landlord and
realtor, he should have knowledge about removing the tenant's belongings
instead of listening to a friend. The interior inspection shows plumbing is
required. There is not a need to have a plumber come and look at things. The
report shows specific things that have to be repaired. The other issue is the
value on the construction permit ($3500). After listening to the amount of work
done, this will be looked into.
John Warner questioned the bowed wall in the basement. Mr. Schliewe stated a
structural engineer showed them how to fix that and it was repaired. Mr.
Grabinski stated the diagram is from 1997 dangerous building case that was
resolved before he was in his present position. It came back as a dangerous
building after the fire in January 2002.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, and forward to city commission for their concurrence.
3 of 8
I-IBA Minutes I 0.'3 102
A motion was made by Jerry Bever and seconded by Clara Shepherd to accept
staff recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED ABSENT:
Greg Borgman
Randy Mackie
Nick Kroes
Jerry Bever
Jon Rolewicz
Clara Shepherd
John Warner
The motion carried.
#02-019 -1526 Terrace - Matthew Goodno, same address
Mr. oodno was present to represent this case. He was given 90 days in y
and si then he stated he has tuckpointed the walls, fixed the sidin at was
hanging, oved the boards off the windows, put the handrails u Fl put in
and the furn has been fixed with conduit. He has an estim of $8250 on the
roof and is tryin to save the money to have it repaired.
Mr. Borgman ,tale is case is back before the boa ecause there has been
no contact with the In ection Dept. Mr. Goodno 1d he got the list and was just
working off that to get tti s done. He also sta that he needs at least until the
spring or summer to get th of done. It is leaking and he can't get a loan to
fix it. The upstairs is not rente
Mr. Grabinski stated the electrical required a permit and one was not pulled.
If a permit had been pulled we uld h had contact. Mr. Goodno stated he
didn't realize the importance keeping in ntact, he just thought he had to get
the work done. Mr. Grabi i replied contac · very important, otherwise the
house could be torn do . The problem now i e roof and how Mr. Goodno
can get the money t epair it. Mr. Grabinski aske for a date from Mr. Goodno
and assurance th he roof is not presently leaking. r. Goodno stated he
hopes to have roof done by summer and the roof do not leak. It did leak at
one time on north side, but that is fixed.
Staff Re mmendation: Table this case until the November meet1 ermits
have en pulled, all repairs complete except roof, and an inspection don
tha ate, table the case until August 2003. If the roof is repaired the case w1
n be brought back in August.
.J of 8
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING 11/26/03
To: Mayor Warmington and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: November 19, 2002
Re: Firefighters Contract
SUMMARY OF REQUEST
Staff recommends approval of the set of tentative agreements reached with the
Firefighters union. The union has ratified and agreed to all TA's.
FINANCIAL IMPACT
The overall financial packet is little over 12% of payroll. The packet includes four major
economic issues:
Wages:
Contract Yrs.
3.00% 2.00% 3.00%
Multiplier:
Increased from 2.5% to 2.6%, effective 1/1/03
Peusion: Increased from 80% to 85% ofFAC at the time ofretirement, effective
1/1/03.
Insurance: Major Medical benefit increased from $100,000 to $250,000, effective
1/1/03.
BUDGET ACTION
None.
STAFF RECOMMENDATION
Staff recommends approval.
Affirmative Action
(231)724-6703
FAX: (231)722-1214
MUSKEGON
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 West Michigan's ShoreUne City
FAX: (231)722-1214
Ctvll Service
(23 I )724-6716
FAX: (231)724-4405
MEMORANDUM
Clerk
(23 I )724-6705
FAX: (231)724-4178 TO: Mayor and City Commissioners
Community and
FROM: Lee J. Slaughter, Assistant City Manager
Neigh, Services DATE: November 19, 2002
(231)724-6717
FAX: (231)726-2501 RE: Tentative Agreement Reached with the Firefighters Union
Computer Info.
Systems Attached please find a set of the Tentative Agreements reached with the Firefighters
(231)724-6744
FAX: (231)722-4301 union.
Engineering Dept.
(231)724-6707 BACKGROUND:
FAX: (231)727-6904
Finance Dept. The union contract expired December 31, 2001. To expedite the negotiation process and
{231)724-6713
FAX: (231)724-6768 ensure a descent [timely] arrival at a contract, we began formal negotiations with the
union in mid August of 2001 and it continued [stop and go] through until last week.
Fire Department
(231)724-6792 While contract negotiations are never quite as smooth as we would like them to be,
FAX: (231)724-6985
negotiations with the firefighters union this last time was particularly frustrating and
Income Tax unnecessarily challenging. This was largely due to the sense of being "special" in the
(231)724-6770
FAX: (231)724-6768
aftermath of 9/11 and numerous delay tactics by the union legal counsel apparently due to
some contractual challenges with the union.
Inspectlon Services
(231)724-6715
FAX: {231)728-4371 We are pleased that this is finally behind us. This issue will be discussed further in
Leisure Services Closed Session on Tuesday, November 26, 2002. Please feel free to contact John Schrier,
(23 I )724-6704
FAX: (231)724-1196
Bryon Mazade, or myself if you have questions.
Mayor's Office
(231)724-6701 Thank you.
FAX: (231)722-1214
Planning/Zoning C: John Schrier
(231)724-6702
FAX: (231)724-6790
Bryon Mazade
Pat Simpson
Police Deptartment
(231)724-6750 Tim Paul
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(23 I )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (23 I )724-6768
Water Filtration
(231)724-4I06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
w,nv.shorelinecity.com
CITY OF MUSKEGON
AND
MUSKEGON FIREFIGHTERS UNION
TENTATIVE AGREEMENTS
1. Article 13 (Sick Leave) - Revise to clarify that when the City keeps an employee on the
payroll and upon payment by the worker's comp carrier for wages for the same time
period, the City shall withhold from the employee's payroll the amount of the double
payment. Union to provide language, which is attached.
2. Article 15 (Insurance) - Effective January 1, 2003 City proposes to require that all
prescriptions for retirees be for generic brands, except where not available.
3. Article 15 (Insurance)- Effective January 1, 2003 City proposes to require mandatory
use of mail order prescription for retirees, except where not available.
4. Article 15 (Insurance)- Effective January 1, 2003 City proposes that health insurance
and prescription insurance for retirees be coordinated with Medicare in such a way as to
require federal payment first.
5. Article 15 (Insurance)- Effective June 1, 2002 City to pay the full cost of health
insurance, so long as premium does not exceed $400 per month. To the extent that the
premium exceeds $400 per month, the balance shall be paid for by the employee to a
maximum of$10 bi-weekly. Language to clarify right to HMO coverage.
6. Article 15 (Insurance)- For current employees and those retiring after January 1, 2003,
the major medical benefit lifetime cap is increased to $250,000. The cap for current
retirees shall remain at $100,000,
7. Effective January 1, 2003, modify the prescription drug co-pay for employees and
retirees in the traditional plan to $10 for generic drugs and $20 for name brand drugs.
For employees in the HMO, the HMO shall determine the co-pay. For employees who
retire after January 1, 2003, the retiree prescription co-pay shall be the same as the
employees have, but not to exceed $30 per drug.
8. Article 32 (Promotions) - Language relating to promotions to be included.
9. Duration - 3 year contract.
10. Article 8 (Wages) - 3% - 2% - 3%. The 2003 and 2004 raises ha\'e been reduced by 1%
each year to contribute to the cost of the pension enhancement.
G:\EDSI\FILES\00 100\08 74 28\AG\AL2830. DOC
11. Article 24 (Pension) - Effective January 1, 2003, the multiplier is increased to 2.6. If
Social Security becomes available to members of the bargaining unit, contract shall be
re-opened for pension issues.
12. Article 24 (Pension)- Effective January 1, 2003 the cap is increased to 85% ofFAC at
the time of retirement.
G :\EDS I\FtlES\00100\08 7428\AG\AL2830. DOC'
Article XIII (e) to be modified to read:
An employee disabled and absent from duty as a result of a work-related injury or illness
shall receive straight time salary for his/her classification without deduction from that
employee's accumulated sick leave for the period of disability and absence from work,
but not to exceed 15 calendar days commencing with the date of injury or illness which
results in disability. All workers' compensation indemnity benefits received during the
15 calendar day period shall be supplemented by the City to a sum which equals the
straight time salary of the employee. The employee, in conjunction with this benefit,
shall elect, in writing, on a form to be provided by the City whether he/she wishes to
receive workers' compensation benefits only or workers' compensation benefits
supplemented by use of the employee's accumulated sick leave as provided herein during
the period of disability. That election shall be made as soon as reasonably practicable but
not later than the 15th calendar day following the employee's absence from work caused
by the disability. In the event no election is made within the specified time frame, the
employee will receive only workers' compensation benefits during the period of
disability. The form for election will include written consent from the employee for a
deduction from gross wages, which shall be a single deduction for the full amount of any
overpayment.
The City shall use its best efforts to process the employee's reporting of the injury and all
claims and notice forms to the City's workers' compensation insurance carrier or
self-insured fund administrator in the event the employee elects to receive workers'
compensation benefits during this period. However, in the event the employee receives
duplicate benefits in both wages and workers' compensation indemnity during this 15 day
period, any overpayment will be reimbursed to the City by deduction from that
employee's wage entitlement in full a sum equal to that permitted by MCL 408.477(2).
The City's bi-weekly pay rate consisting of 14 days and the workers' compensation
indemnity rate based upon a 7-day week shall be factored for purposes of the calculation.
Sub paragraph to be added (n): ,
In the event an employee is offered and returns to perform favored work or light duty on
account of a work-related injury or illness on a 40 hour per week assignment, that
employee will be entitled to all economic benefits including vacation, personal leave, if
any, and overtime, if any, as established for existing employees working in 40 hour per
week assignments. In the event an employee fails to receive in that 40 hour per week
assignment wages equal to the average weekly wage earned at the time of injury and
properly used to calculate weekly workers' compensation indemnity benefits, that
employee shall receive partial workers' compensation indemnity benefits as provided by
the Workers' Compensation Disability Act of this state.
G:\EDSl\FILES\00100\087428\MISC\AK9372:DOC
PARMENTER O~TOOLE
Attorneys at law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231 .722.1621 • Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
November 21, 2002
Mr. Timothy Paul
Finance Director
City of Muskegon
933 Terrace
P.O. Box 536
Muskegon,MI49443-0536
Re: Police/Fire Retirement System
Dear Mr. Paul:
Enclosed are an Ordinance and Notice of Adoption relating to the firefighters' collective
bargaining agreement.
If you have any questions or concerns, please let me know.
'
John C. Schrier
Direct: 231-722-5401
Fax: 231-728-2206
E-mail Address: [email protected]
JCS/jey
Enclosures
c: Lee Slaughter
G:\EDSI\FILES\00100\0009L\LTR\AL6242.DOC
CITY OF MUSKEGON
Ordinance No. 2096
An ordinance amending the Police and Fire Retirement System Ordinance of the
City of Muskegon.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Appendix A of the Code of Ordinances of the City of Muskegon is hereby amended as follows:
I. Section 15 of Appendix A of the Code of Ordinances is amended to read as follows:
Upon his retirement as provided in section 12, 13 or 14, a member or former
member shall be paid a level straight life pension terminating upon his death or he
may elect, within the ninety-day period immediately preceding or the twenty-day
period immediate following the date his retirement begins, to be paid his pension
under an optional form of payment provided in section 16 in lieu of a level
straight life pension. Subject to section 23, the amount of the level straight life
pension shall be:
lvfaximum Years of Maximum Pension Amount
Retirement Date Factor Credited Service
Fire Chief
Before 7/1/85 2.0% 25 Years 70% of budgeted Firefighter
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Firefighter
and 12/31/89 Compensation
On or After 1/1/90 2.3% 35 Years 75% of Budgeted Firefighter
Compensation
On or After 1/1/92 2.3 % 35 years 80% of Fire Chiefs Final
Average Compensation
On or After 1/1/96 2.5% 32 years 80% of Final Average Compensation
G:IEDSI\FILES\00100\0009LIORDINIAL6244.DOC
Firefighters
Before 7/1/85 2.0% 25 Years 70% of Budgeted Firefighter
Compensation
Between 7/1/85 2.0% 25 Years 70% of Budgeted Firefighter
and 12/31/87 Compensation
Between 1/1/87 2.0% 35 Years 75% of Budgeted Firefighter
and 12/31/89 Compensation
Between 1/1/90 2.3% 35 Years 75% ofBudgeted Firefighter
and 12/31/92 Compensation
On or After 1/1/93 2.3% 35 Years 75% of Member's Final
Average Compensation
On or After 1/1/96 2.5% 32 Years 80% of Member's Final
Average Compensation
On or After 1/1/03 2.6% No Limit 85% of Member's Final
Average Compensation
Police Chief, Assistant Police Chief, and Police Command
Before 7/1/85 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Patrolmen
and 12/31/90 Compensation
Between 1/1/91 2.3% 35 Years 80% ofFinal Average
and 12/31/97 Compensation
On or After 1/1/98 2.5% 35 Years 80% of Final Average
Compensation
Police Patrol
Before 12/31/90 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 1/1/91 2.2% No Limit 70% of the Officer's Final
and 6/30/93 Average Compensation
G:\EDSIIFILES\00100\0009LIORDINIAL6244.DOC
Between 7/1/93 2.3% No Limit 70% of the Officer's Final
and 12/31/94 Average Compei:isation
Between 1/1/95 2.3% No Limit 75% of the Officer's Final
and 12/31/98 Average Compensation
On or after 1/1/99 2.5% No Limit 75% of the Officer's Final
Average Compensation
"Budgeted firefighter compensation" and "budgeted patrolmeri compensation" shall mean
that amount fixed in the City budget for the fiscal ·year the employee terminates
employment with a deferred pension or retires pursuant to Section 12 or 13. Ordinance
No. 1028 shall not result in an increase or decrease of benefits for ah employee or retiree
except as pertains to the maximum benefit increase for the Fire Chief.
This ordinance adopted:
Ayes: Buie, Gawron, Larson. Schweifler, Shepherd, Spataro, Warmington
Nays: ----'-N=o.:...:.n-=e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: November 26, 2002
Effective Date: December 14, 2002
First Reading: November 26, 2002
Second Reading: N/A
CITY OF MUSKEGO~ ) .
By n,.;Lo. ~~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of November 2002, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
G :IEDSI\FILES\00100I0009L\ORDINIAL6244.DOC
notice was given, pursuant to and·in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: November 26 , 2002
Gail A. Kundinger, :MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
G:IEDSI\FILES\00100\0009L\ORDINIAL6244.DOC
CITY; OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on November 26 ; 2002, the City Commission of the City
of Muskegon adopted amendments to Appendix A of the Muskegon City Code concerning the
Police and Fire Retirement system, summarized as follows:
I. Section 15 is amended to provide for retirement benefit formula and
maximum benefits for firefighters.
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 (10) days from the date of this publication.
CITY OF MUSK.EGON
Published: -=De=c=e=m=be=r~4_ _,2002 By_ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, Its Clerk
-------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
G:\EDSI\FILES\00100\0009L\ORDIN\AL6244.DOC