City Commission Packet 11-13-2001

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                           NOVEMBER 13, 2001
          CITY COMMISSION                  CHAMBERS@ 5:30              P.M.


                                        AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Liquor License Request. Wood Street Market. CITY CLERK
                 c. Liquor License Request. Cuti's Sports Bar & Grill. CITY CLERK
                 d. Liquor License Request. MK Party Store LLC. CITY CLERK
                 e. FIRST READING, Ordinance adopting the 2000 Edition of the
                    International Fire Code. FIRE
                 f.   2002 Police Patrol Car Purchase. DPW
                 g. Purchase of 425 West Delano Street. Seaway Industrial Park.
                    PLANNING & ECONOMIC DEVELOPMENT
                 h. Purchase of 2001 Park Street Seaway Industrial Park. PLANNING &
                      ECONOMIC DEVELOPMENT
                 i.   Request   for   Encroachment   Agreement    @   851   W.   Laketon.
                      ENGINEERING
•   PUBLIC HEARINGS:
                 a. Spreading the Special Assessment Roll for Barclay, Sherman to
                    Hackley. ENGINEERING
                 b. Spreading the Special Assessment roll for Sherman. Glenside to
                    Lincoln. ENGINEERING
                 c. DDA Plan Amendment Ordinance. PLANNING & ECONOMIC
                      DEVELOPMENT
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. Consumers             Energy Memorandum                     of     Understanding.      LEISURE
                          SERVICES
•   NEW BUSINESS:
                       a. Cobb Plant Sewe Settlement. FINANCE
                       b. Selection of Agent of Record for Health Insurance. FINANCE
                       c. Resolution Establishing SmarlZone LDFA District. PLANNING                                     &
                          ECONOMIC DEVELOPMENT
                       d. Resolution Establishing Seaway Business                                 Park    LDFA   District.
                          PLANNING & ECONOMIC DEVELOPMENT
                       e. Concurrence with Housing Board of Appeals Notice and Order to
                           Demolish for the following:
                           1) 1420 Getty Street (garage only)
                           2) 896 Pine Street
                           3) 1113 Williams
                           4) 2463 Lakeshore
                           5) 181 E. Walton
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   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 O minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:      November 13, 2001
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, October 23, 2001; and
the Commission Worksession that was held on Monday, November 5,
2001.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       NOVEMBER 13,2001
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                    MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November
13, 2001.
   Mayor Nielsen opened the meeting with a prayer after which members of
the City Commission and the members of the public joined in reciting the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Fred J. Nielsen; Vice-Mayor Clara Shepherd; Commissioners
Lawrence Spataro, John Aslakson, Jone Wortelboer-Benedict, Karen Buie, and
Robert Schweifler; City Manager Bryon Mazade; City Attorney Thomas Johnson,
and City Clerk Gail Kundinger.
2001-129     CONSENT AGENDA:      Items listed under the Consent Agenda have
been considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion is required, it ··Nill be
removed from the Consent Agenda and be considered separately.
                 a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, October 23, 2001; and the Commission
Worksession that was held on Monday, November 5, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
                c. Liquor License Request. Cuti's Sports Bar & Grill. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request from Cuti's Sports Bar & Grill, Inc., 677 W. Laketon,
Muskegon, to transfer ownership of 2001 Class C-SDM licensed business with
Dance-Entertainment Permit from Main Event of Muskegon, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All Departments are recommending approval.
                d. Liquor License Request. MK Party Store. LLC. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request from MK Party Store L.L.C. to transfer ownership of the 2001
SDD-SDM license from Star Five, Inc. (previously Tom's Drink All).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All Departments are recommending approval.
                e. FIRST READING. Ordinance adopting the 2000 Edition of the
                   International Fire Code. FIRE
SUMMARY OF REQUEST: To approve the proposed ordinance adopting the Inter-
national Fire Code.
FINANCIAL IMPACT: None
BUDET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
               f.   2002 Police Patrol Car Purchase. DPW
SUMMARY OF REQUEST: Purchase 10 Ford Crown Victoria patrol cars from Voll-
man Ford, state purchasing contract, at $20,942.00 each for a total of
$209,420.00.
FINANCIAL IMPACT: $209,420 (Equipment Fund)
BUDGET ACTION REQUIRED: $205,250 is budgeted for this purchase. The addi-
tional $3, 170 will be adjusted from other budgeted equipment purchases for
2002.
STAFF RECOMMENDATION: Purchase of ten (10) patrol cars from Vollman Ford
for a total of $209,420, to replace existing units.
         2000 State Purchasing Contract/per unit - $20,515
         2001 State Purchasing Contract/per unit - $20,942
         2002 State Purchasing Contract/per unit - $20,942
               g. Purchase of 425 West Delano Street. Seaway Industrial Park.
                  PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property at 425 W. Delano Street pursuant
to the City of Muskegon goal of creating the Seaway Industrial Park. This request
is pursuant to a purchase agreement signed by Marie Thompson, 425 W. Delano
Street, Muskegon, Michigan on October 18, 2001. The purchase price is $49,225.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used
to purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 425 W. Delano Street for the development of the Seaway Industrial
Park.
               h. Purchase of 2001 Park Street. Seaway Industrial Park.
                  PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 2001 Park Street pursu-
ant to the City of Muskegon goal of creating the Seaway Industrial Park. This re-
quest is pursuant to a purchase agreement signed by Carina James, 2001 Park
Street, Muskegon, Michigan on October 23, 2001. The purchase price is $38,283.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used
to purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 2001 Park Street for the development of the Seaway Industrial Park.
               i.   Request for Encroachment Agreement@ 851 W. Laketon.
                    ENGINEERING
SUMMARY OF REQUEST: Mr. Barteau, owner of 851 W. Laketon, has submitted the
attached encroachment agreement form requesting permission to install an
awning on the Laketon Ave. side of the aforementioned building.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement.
  Motion by Commissioner Schweifler, second by Commissioner Benedict to
approve the Consent Agenda with the exception of item b.
   ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd,
              Spataro
               Nays: None
MOTION PASSED
2001-130    ITEM REMOVED FROM THE CONSENT AGENDA:
               b. Liquor License Request. Wood Street Market. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request from Steven Cornell to transfer ownership of the 2001 SOM
license from deceased Janice M. Cornell. Mr. Cornell was appointed Personal
Representative at the September 11, 2001 Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
  Motion by Commissioner Schweifler, second by Commissioner Benedict to
approve the transfer.
   ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Spataro
               Nays: Shepherd
MOTION PASSED
2001-131    PUBLIC HEARINGS:
               a. Spreading the Special Assessment Roll for Barclay. Sherman
                  to Hackley. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for Barclay, Sherman to Hackley, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $143,210.74 would be spread against the
nineteen (19) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
   The Public Hearing opened at 5:47 p.m. to hear and consider any comments
from the public. Mohammed AI-Shatel explained the item. Comments in
opposition were heard from the following: Duane Langlois, 760 Brookridge, for
107 6 W. Sherman and 2544 Barclay; and Jack Ketkolitz, 3218 Timmins, for 2330
Barclay.
   Motion by Commissioner Spataro, second by Vice Mayor Shepherd to close
the Public Hearing at 5:58 p.m. and approve the spreading of the special
assessment roll for Barclay, Sherman to Hackley.
   ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro,
              Aslakson
               Nays: None
MOTION PASSED
               b. Spreading the Special Assessment Roll for Sherman. Glenside
                  to Lincoln. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for Sherman, Glenside to Lincoln, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $85,268.84 would be spread against the sixty-five
(65) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
   The Public Hearing opened at 5:59 p.m. to hear and consider any comments
from the public. Mohammed AI-Shatel explained the item. Comments in
opposition were heard from the following: Steve Holderman, 2011 Le Tart, for
1996 W. Sherman; Allison Williams, 217 6 W. Sherman; and Jaimee Hecksel, 2356
W. Sherman.
   Motion by Commissioner Aslakson, second by Commissioner Buie to close
the Public Hearing at 6:04 p.m. and spread the special assessment roll for
Sherman, Glenside to Lincoln.
   ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson,
              Benedict
               Nays: None
MOTION PASSED
               c. DDA Plan Amendment Ordinance. PLANNING & ECONOMIC
                  DEVELOPMENT
SUMMARY OF REQUEST: To approve the ordinance approving an amendment lo
the Downtown Development Authority Development and Tax Increment
Financing Plans. The proposed amendment shall remove the Muskegon Mall
from the DDA development area.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the ordinance.
   The Public Hearing opened at 6:05 p.m. to hear and consider any comments
from the public. Finance Director Tim Paul explained the item. No comments
were heard from the public.
   Motion by Commissioner Aslakson to close the Public Hearing at 6:08 p.m.
and approve the ordinance amendment to the Downtown Development
Authority Development and Tax Increment Financing Plan.
   ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson,
              Benedict, Buie
               Nays: None
MOTION PASSED
COMMUNICATIONS: Introduction of Mayor Elect Warmington and Commissioner
Elect Gawron by Mayor Nielsen.
2001-132     UNFINISHED BUSINESS:
                a. Consumers Energy Memorandum of Understanding.         LEISURE
                   SERVICES
SUMMARY OF REQUEST: To adopt the Memorandum of Understanding with Con-
sumers Energy for the use of the property across from Veteran's Park for a future
soccer complex.
· FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAF RECOMMENDATION: Approval
  Motion by Commissioner Schweifler, second by Commissioner Spataro to
approve the Memorandum of Understanding . .
   ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie,
              Nielsen
               Nays: None
MOTION PASSED
2001-133    NEW BUSINESS:
               a. Cobb Plant Sewer Settlement. FINANCE
SUMMARY OF REQUEST: Approval of a negotiated settlement in the amount of
$100,000 to compensate the city for past sewer use at the B.C. Cobb Plant that
had gone unmetered and unbilled for many years.
FINANCIAL IMPACT: $100,000 payment to the city's sewer fund. Additionally, all
current and future sewer use at the plant will be metered and billed on a
monthly basis.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
  Motion by Commissioner Schweifler, second by Commissioner Spataro to
approve the negotiated settlement with B.C. Cobb.
   ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen,
              Schweifler
               Nays: None
MOTION PASSED
               b. Selection of Agent of Record for Health Insurance. FINANCE
SUMMARY OF REQUEST: As you may know, the PHP healthcare program (which
has been the city's primary health service provider for several years) will cease
operations in the Muskegon area over the next several months. This is the result
of merger activity between Hackley Hospital and Spectrum Health of Grand
Rapids and is a situation over which the city has no control. Nonetheless, the
city must begin the search for a replacement healthcare program. As the first
step in this process, staff recently issued a "request for qualifications" (RFQ) to
agents/consultants specializing in the healthcare area. Four responses to the
RFQ were received:
Name                      Company                            Location
Julie R. Balgooyen        Independent                        Muskegon
Dave Young                Shoreline Insurance Agency         Muskegon
William D. Lewis          Group Benefit Services          Lansing/Grand Rapids
Mitchell Singer           Employee Benefit Resources         Saginaw


A committee (comprised of the city manager, assistant city manager, finance
director, assistant finance director, and healthcare coordinator) met to rank the
responses and interview the three top responders. The result of this process is a
recommendation from the selection committee to appoint Julie R. Balgooyen
as the city's agent of record for this project. Ms. Balgooyen most recently
served as the city's account rep for PHP and has a thorough knowledge of our
healthcare program and our needs. Additionally, she has a strong knowledge
of the options available in the Muskegon-area market and impressed the com-
mittee with her ideas for minimizing employee disruption in the transition process.
FINANCIAL IMPACT: The agent of record is compensated through commissions
on premiums paid by the city after a new healthcare service provider is se-
lected. At that time the city will negotiate a reasonable commission with the
agent and carrier.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Appointment of Ms. Julie R. Balgooyen as the city's
agent of record to assist in the selection of a healthcare plan replacement for
PHP.
   Motion by Commissioner Spataro, second by Commissioner Buie to approve
the appointment of Julie R. Balgooyen as the agent of record for health insur-
ance.
   ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler,
              Shepherd
                  Nays: None
MOTION PASSED
               c. Resolution Establishing SmartZone LDFA District. PLANNING &
                  ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the attached resolution establishing an LDFA
District and setting the boundaries for said development of the Michigan Lake-
shore SmartZone.
FINANCIAL IMPACT: It is anticipated that the LDFA will capture more than an es-
timated $10 million in tax increment revenue over a period of 15 years for the
development of the SmartZone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
  Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the establishing of a SmartZone LDFA District.
   ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd,
              Spataro
               Nays: None
MOTION PASSED
               d. Resolution Establishing Seaway Business Park LDFA District.
                  PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution establishing an LDFA District
and setting the boundaries for said development of the Seaway Business Park.
FINANCIAL IMPACT: It is anticipated that the LDFA may capture up to an esti-
mated $900,000 in tax increment revenues over a period of 15 years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
   Motion by Commissioner Buie, second by Commissioner Spataro to approve
the establishing of a Seaway Business Park LDFA District.
   ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro,
              Aslakson
               Nays: None
MOTION PASSED
               e. Concurrence with Housing Board of Appeals Notice and Or-
                  der to Demolish for the following:
                     1) 1420 Getty Street (garage only)
                     2) 896 Pine Street
                      3) 1113 Williams
                      4) 2463 Lakeshore
                      5) 181 E. Walton
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the Housing Board of Appeals that the aforementioned structures are unsafe,
substandard, a public nuisance 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.
FINANCIAL IMPACT: The cost will be covered by CDBG funds with the exception
of 1420 Getty and 2463 Lakeshore which will be funded from the General Funds.
BUGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals deci-
sion to demolish.
   Motion by Commissioner Aslakson, second by Vice-Mayor Shepherd to con-
cur with the Housing Board of Appeals decision to demolish 1420 Getty (garage
only), 896 Pine, 1113 Williams, and 181 E. Walton.
   ROLL CALL: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson,
              Benedict
                Nays: None
MOTION PASSED
   Motion by Commissioner Aslakson, second by Commissioner Spataro to con-
cur with the Housing Board of Appeals decision to demolish 2463 Lakeshore.
   ROLL CALL: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson,
              Benedict, Buie
               Nays: None
MOTION PASSED
2001-134     ANY OTHER BUSINESS: Vice-Mayor Shepherd stated that she at-
tended the first birthday party for the Muskegon Oceana Head Start. Mayor
Nielsen commented on the Muskegon Chronicle story reference arsenic hazard
high in pressure-treated lumber.
2001-135   PUBLIC PARTICIPATION: John McClain asked that POW /MIA Flags
be placed on all City poles and inside the Walker Arena.
    Motion by Commissioner Spataro, second by Commissioner Aslakson to
authorize staff to bring back a policy change reference the number and loca-
tions of flags to be permanently flown and to report at the next meeting.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie,
              Nielsen
               Nays: None
MOTION PASSED
2001-136   CLOSED SESSION:
    Motion by Commissioner Aslakson, second by Commissioner Benedict to go
into closed session at 7:15 p.m.
   ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler,
              Shepherd
               Nays: None
MOTION PASSED
   Motion by Vice-Mayor Shepherd, second by Commissioner Benedict to return
to open session at 7:33 p.m.
   ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd,
              Spataro
               Nays: None
MOTION PASSED
   Motion by Vice-Mayor Shepherd, second by Commissioner Aslakson to con-
cur with the City Attorney's recommendation.
  ROLL VOTE:    Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro,
               Aslakson
               Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 7:35 p.m.


                                         Respectfully submitted,




                                         Gail A. Kundinger, CMC/ AAE
                                         City Clerk
Date:       November 13, 2001
To:         Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           Cuti's Sports Bar & Grill, Inc.
           677 W Laketon




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Cuti's Sports Bar & Grill, Inc.,
677 W. Laketon, Muskegon, to transfer ownership of 2001 Class C-SDM
licensed business with Dance-Entertainment Permit from Main Event of
Muskegon, Inc.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:            All Departments are recommending
approval.
&77
Afrlrmative Action
72H703



Assessor
72•16708



Cemetery
724·6783


                                                          West MJchigan's Shor-eline City
Civil Sc,·vlcc
724·6716              October 29, 2001


Clerk
724 6705              To:              The City Commission through t he City Manager


Engineering
                      From:              a        L . I~
724-6707                              AnthVn;, L. Kleibecker, Chief of Police

                      Re:             Liquor License Transfer at 677 W Laketon A venue
 Finance
724-li713


                      The Muskegon Police Department has received a request from the Michigan Liquor
Flo·c Depl.           Control Commission for an investigation from applicant Anthony Cuti of 14 14 Palmer
724·G792
                      Street, Muskegon.

C'. N. Services       Anthony Cuti is requesting to transfer ownership of 2000 Class C-SDM licensed business
724·6717
                      with Dance-Entertainment from Main Event of Muskegon, Inc. Mr. Cuti has had no
                      experience of owning an alcohol service establishment but has been made aware of the
 Inspections
                      Muskegon Police Departments position on enforcing local alcohol laws and ordinances.
724·6715

                      A check of MPD records and Criminal History showed no reason to deny this request.
 Leisure Service
 72•16704


                      TK/cmw
 ~l anager's Ofrlce
 724-0724




 Mayor's Office
 724·1,70I




 Plm111ing/ZOnlng
 724·6702



 l'ollcc Dept.
 72•16750



 l'ublic Works
 7:164786



 Treasurer
 724-G720




  Water Dept..                CiLy or Muskegon, l'.0. 13ox 536, D80 ,I C!TCl'SOII SLl'GCI , Muskegon, Michigan 49443-053G
 724 6718
MEMO
To:     Chief Tony Kleibecker

From: Det. Kurt Dylanan

Date:   10-4-01

Re:     Liquor License Transfer



ChiefKleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Anthony Cuti of 1414 Palmer
Street, Muskegon, MI. 49441.

Anthony Cuti is requesting to transfer ownership of 2000 Class C-SDM licensed business
with Dance-Ente1tainment from Main Event of Muskegon, Inc. Mr. Cuti has had no
experience of owning an alcohol service establishment but has been made aware of the
Muskegon Police Departments position on enforcing local alcohol laws and ordinances.

A check of MPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,




Det. Kurt Dyl~man


data/ common/Cuti
                               Michigan Department of Consumer & Industry Services
                                     LIQUOR CONTROL COMMISSION
                                               7150 Harris Drive
                                                P.O. Box 30005
                                         Lansing, Michigan 48909-7505

                                      POLICE INVESTIGATION REQUEST
                                          [Authorized by MCL 436.1(4)]



To:      Muskegon Police Department                                       Date: September 12, 2001
         Chief of Police                                                  REQ#: 134519
         980 Jefferson St PO Box 536
         Musekgon MI 49443-0536




Chief Law Enforcement Officer

Applicant:


CUTJ'S SPORTS BAR AND GRILL, INC. requests to transfer ownership of 2001 Class C-SDM licensed business
with Dance-Entertainment Permit, located at 677 W Laketon, Musekgon MI 49441, Muskegon County from Main
Event of Muskegon, Inc.




Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing,
give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for
Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the
front of the form, you may use the back.

Forward your report and recommendations of the applicant to the Licensing Division.


Please include fingerprint cards and $15.00 for each card, and mail to the Michigan Liquor Control Commission.


If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.

ljt


LC-1972 Rev. 6/92
4880-1658
                                       STATE OF MICHIGAN
                           DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                    LIQUOR CONTROL COMMISSION
                                                   7150 Harris Drive
                                                    P.O. Box 30005
                                                Lansing, MI 48909-7505


                                 LOCAL APPROVAL NOTICE
                                  (Authorized by MCL 436.1501(2) and MAC 1105(2)(d))




                                                                                       Req ID# 134519

Date: September 12, 2001

Muskegon City Commission
933 Terrace St PO Box 536
Muskegon Mi 49443-0536

Applicant: CUTI'S SPORTS BAR AND GRILL, INC.

HOME ADDRESS AND PHONE NO:
Anthony M. Cuti, 1414 Palmer, Muskegon Ml 49441 (231) 755-3327

Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of
the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL436.1916.

For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.

If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.




                     PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
                    TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
ljt




LC· 1305 REV 6/98
4880-1234
                                                          STATE OF MICHIGA!'-T
                                              DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                                                LIQUOR CONTROL COMMISSION


                 /4
                 G//
                               :::j. /-f.
                                           f1 · ✓ Oi
                                         9..,           2001-129(c)
                                                                            RESOLUTION                                                           REQ ID# 134519

 At a ---'-'B....     iJ....a...._r_ _ _ _ _ _ _ _ _ meeting of the _--'C=i;..::;t..,_y_C""""o"""mm=i=s..:::.s=io=nc:;____ _ _ _ _ __
             egi.,.1.....
                      (Regular or Special).                                                                     (Township Board, City or Village Cowicil)



called to order by              Mayor Nielsen                                         on             November 13, 200 7 at                    5 : 30                 P.M.

The following resolution was offered:

Moved by           Commissioner · Schweifler                                    and supported by _ __,C~o=mm=i=ss=i=·o=n=e~r~
                                                                                                                            Sp.,..,a=t=a=r~o_ __

That the request from CUTI' S SPORTS BAR AND GRJLL, INC. to transfer ownership of 2001 Class C
licensed business with Dance-Entertainment Permit, located at 677 W Laketon, Muskegon Nil 49441,
Muskegon County from Main Event of Muskegon, Inc.




                                                                                (Approvnl or Disapproval)

                                     APPROVAL                                                               DISAPPROVAL

                Yeas:     --~--------                                                              Yeas: - - - - - - - - - - -

                Nays: - - ~ - - - - - - - -                                                        Nays: _ __ _ _ _ _ _ _ __

                Absent: _          ____..o._____ __ _ _ __                                         Absent: - - - - - - - - - -

It is the consensus of this legislative body that the application be:

_ _ _ _ _ _ _ _ ___,_R=e=c=omm=e"'-'n.,_,d"""e""'d~-- - - - - - - - - - - - - - - - for issuance
                                                  (Reconunended or not Recommended)



State of Michigan _ _ _ _ _)
                                                                 §
County of         Muskegon                              )

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the _ _____.C=i......t'-J-y--""C=om.,,,m,. , i.,.s.,_,.s
                                                             · ,...i..,.,ocun_ _ __ _ at a ~· _ _ _---1,.JR'""e..,.g1...i ....
                                                                                                                          JaJ.J.r_ _ _ _ _ _ __
                                   (Township Board, City or Vil!Jlge Cowicil)                                          (Regular or Specinl)



meeting held on November J3 1 2001 .
                                         (Date)



                     SEAL
                                                                                                                                      (Township, City of Villoge Clerk)
                                                                                                               Gail A. Kundinger , City                                   lerk
                                                                                                               933 Terrace
                                                                                                                     (Mailing address ofTownship, City of Village)

                                                                                                               Muskegon, MI                     49440
                                                                                                                            LIQUOR CONTROL COMMISSION __, .....
    POLICE INSPECTION REPOP.- ON LIQUOR LICENSE REQUESTi(                                                                            7150 Harris Drive
                                       ( A th · (         MCL 436 7 )                                                                 P.O. Box 30005
        .                                 u onze      .          · a~                                                          Lansing, Michigan 48909-7505
     REQ ID# 134519                                                            .,, .;;/   i/ ·                  9 - ;--7 -o /
  Important:          Please conduct your investigation as soo               possible and complete all four sections of this report.
                      Return the completed report and fingerpri            cards to the Commission.

    BUSINESS NAME AND ADDRESS: (include zip code)

     CUTI'S SPORTS BAR AND GRILL, INC, 677 W Laketon, Muskegon MI 49441, Muskegon County
    REQUEST FOR:                                  .
               Transfer ownership or 2001 Class C-SDM licensed business with Dance-Entertainment
     Permit from Main Event of Musekgon, Inc.
  I Section 1.              "'                                APPLICANT INFORMATION                                                                                                  I
   APPLICANT #1:                                                           APPLICANT #2:

     ANTHONY CUTI
   HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                         HOME ADDRESS AND AREA CODE/PHONE NUMBER:
     1414 Palmer
     Muskegon MI 49441
     ( 231) 7 55-332i!:
   DATE OF BIRTH:        {j - )- (pg                                                DATE OF BIRTH:
   If the applicant is not a U.S. Citizen:                                          If the applicant is not a U.S. Citizen:
      o Does the applicant have permanent Resident Alien status?
            DYes          No•
     o Does the applicant have a Visa? Enter status:
                                                                                       o Does the applicant have permanent Resident Alien status?
                                                                                                D
                                                                                               Yes         No   D
                                                                                      o Does the applicant have a Visa? Enter status:

  Date fingerprinted: / o - 11- o J                                                 Date fingerprinted:
                           · Attach the fingerprint card and $15:oo for each card and mairto the Liquor Control Commission.                                            ·..·. ·   :   I
  ARREST RECORD:         0 Felony O Misdemeanor                                     ARREST RECORD: 0 Felony              O Misdemeanor
  Enter record of all arrests & convictions (attach a signed and                    Enter record of all arrests & conv ictions (attach a signed and
  dated report if more space is needed)                                             dated report it more space is needed)




  I Section 2.                   -:
                                                Investigation of Business and Address to be.Licensed'.                                       .   ·. .·..•.·            . ; •. ··- 1
   Can living quarters be reached from the inside of the establishment without going outside?                       D    Yes        jfil No
   Does applicant intend to have dancing or entertainment?
   D  No         IRJ:'
                   Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
   Are gas pumps on the premises or directly adjacent?             bJ.No          D     Yes, explain relationship:



   Section 3. ·                       . Local and State Co~es arid Ordinances, and General Recommendations
   Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
   ordinances, if this license is granted?   @_ Yes            NoD
   If you are recommending approval subject to certain conditions, list the conditions: (Allach a signed and dated report II more space is needed)




  I Section 4.                                                          Recommendation
   From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?               ~ Yes            D No
       2. Is the. proposed location satisfactory for this business?                       @'Yes            D No
       3. Should this request be granted by the Commission?                               m      es        O No
       4. If any of the above 3 questions were answered no, state your reasons:                 (Allach a signed and dated report if more   space Is needed)




                                                             ~         L     . J~                      o.Q.._                                             / ✓ - ~ - o.l'
                                                          SlgmltU(Sheriff or Chief of Police)                                                                 Dale
LC-1 BOO Rev. 06/97                      (Mail white copy to the Commission, Keep yellow copy for your file)
                                                         STATE OF MICHIGAN
                                               >ARTMENT OF CONSUMER & INDUSTRY SERVI!
                                                     LIQUOR CONTROL COMMISSION                             REQ ID NUMBER: 134519
                                                            7150 Harris Drive
                                                             P.O. Box 30005
                                                         Lansing, MI 48909-7505


                               LOCAL LAW ENFORCEMENT AGENCY REPORT
                                            DANCE/ ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
                                                       (Authorized by MCL 436.1916)


 CUTl'S SPORTS BAR AND GRILL, INC.
APPLICANT/LICENSEE                                                                                                         PHONE NUMBER



 677 W Laketon                             Muskegon                                                                  Muskegon    49441
STREET ADDRESS                             CITY                                TOWNSHIP                              COUNTY           ZIP


                     PERMIT(S) REQUESTED: DANCE           X    ENTERTAINMENT              X        TOPLESS ACTIVITY_

1.          The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing
            by customers. YES ·vJ. NO • NIA •

2.          Describe the type of entertainment applicant/licensee will provide:                   NIA •
                                                               ls c.. n J.5 / b T '..s



3.          Will this entertainment include topless activity? YES              •         NO       )4.__    NIA       •
                                         LAW ENFORCEMENT RECOMMENDATION

                         DANCE PERMIT                           YES     -~          NO        •           NIA    •
                                                                        ·g i
                         ENTERTAINMENT PERMIT                   YES                 NO        •           NIA    •
                         TOPLESS ACTIVITY PERMIT                YES     •           NO        129-        NIA    •

REMARKS:




         10-4-01                                                        /l          L . I~
           DATE SUBMITTED                                                      d1:rcER'S SIGNATURE


                                                                      MUSKEGON POLICE DEPARTMENT                         231. 724-6750
                                                                               DEPARTMENT NAME                             PHONE NUMBER



                                                                      980 Jefferson Muskegon MI 49440
                                                                               ADDRESS                                              CITY




LC- 693N RE V 5/98
4880-0652
Affinnntive Action
(231)724-6703
FAX: (231)122-1214

A,,3sessor/Equailzation
(231)124-6700
!FAX: (231)126-5131

Cemetery Depm·tment
(2.:n )72.$-6733
FAX: (23!)726-5617

City Manager
(231)724-6724
lFAX: (231)722-1214

CM.I Service
(231)724-6716
lFAX: (231)724--4405

Clerk
(231)724-6705
                          November 5, 2001
FAX: (231)724-4173

Communlty and
  Neigh. Services
(231)724-6717
JF'AX: (231)726-2501      Ms. Ann Smith, President
Computer Info,
                          Campbell Field Neigh. Association
 Systems                  1874 Crowley
(231)724-6744
FA:X: (231)722-4301       Muskegon,MI 49441
Engineering Dept.
(231)724-6707             Dear Ms. Smith:
FAX: (231)727-6904

FinnnceDept,              We have received a request from the Liquor Control Commission reference Cuti' s
(231)724-6713
FAX: (231)724-6768
                          Sports Bar & Grill, Inc. desire to transfer ownership of the 2001 Class C-SDM
                          license with dance-entertainment permit from Main Event of Muskegon, Inc., 677
Fire Department
(231)724-6792             W. Laketon. On Tuesday, November 13, 2001, the City Commission will review
FAX: (231)724-6985        this request and determine whether or not it should be recommended for approval.
Income Tax
(231 )724-6770            You are being sent this notice because the City Commission would like to know
FAX: (231)724-67611
                          how the Neighborhood Association feels and would appreciate any comments that
Inspection Services
(231)724_-6715
                          they may have. You may send these comments to 933 Terrace, Muskegon, MI
FAX: (231)728-4371        49440 or attend the City Commission Meeting on November 13, 2001, at 5:30
Leisure Services          p.m. in the Commission Chambers.
(231)724-6704
FAX: (231)724-1196
                          If you have any questions, please feel free to contact me at 724-6705.
Mayor's Office
(231)724-6701
FAX: (231)722-1214        Sincerely,
Planning/Zoning
(231)724-6702
FAX: (231)724-6790

Police Deptartment        Linda Potter
(231)724-6750
FAX: (231)722-5140        Deputy Clerk
Public Wot!
     Mu::=k1E;9on, Michigan

 102601. 01.~ i5g 16pm
 Busin1?:~s d.3te~ 1W2,S01

C.35f-Jir?r: ID[!3 Entry~ 301269860~
MATH'./SEt4ER /JTILITY
Customt>r Acct:: 329002502


Tot.31 amount of bUl~             :l'.28.,25
P!WMENT TVPE AND AMOUNT:
CHECK                             128:25
                                      .@0
                                      • @ID
                                      ~ ~j@
iiMOIJNT PAID,                    128.25
CHANGE GIVEN,
             LIQUOR LICENSE REVIEW FORM

Business Name:         (:z14 -!-1·:S     ,S;of'i...s       f3oc J:       &1 ·4 Fe·
AKA Business Name (if applicable):               flCe.,111·ou .sj¥-- -    /Jlaio £er7f-
Operator/Manager's Name:
                                                   0

Business Address:                      677             IA/     l.q/(efoa


Reason for Review:

New License       D          Transfer of Ownership           @'    Dance Permit         D
Drop/Add Name on License               D·                                  D
                                                              Transfer Location

Drop/Add Stockholder Name              D          New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _ ___.__/()_---"'-J_-_O_/_·__

Police Department Approved             D~nied D              No Action Needed D

Income Tax             Approved        IZJ'   Owing    D     Amount:

Treasurer              Approved
                                •             Owing  D       Amount:

Zoning                 Approved •             Denied D       Pending ZBA       •
Clerk's                Approved
                                •             Owing    •     Amount:

Fire/Inspection       Compliance       D      Remaining Defects
  Services




Department Signature        ~Cf;s ~

                                                   Gail A. Kundinger, City Clerk
                                                                  Liquor License Coordinator
              LIQUOR LICENSE REVIEW FORM

- Business Name:        (;   ui,-:.S    .)jlof'i0,       f3oc       J::   011 //;      -~c ·

 AKA BusiD:eSS Name (if applicable):           fJ[f...!lt,ou   s.cfa- -     12/cuo       &er1f-

 Operator/Manager's Name:

 Business Address:                     677           W
                                                                 /22/ Yf'~V/
 Reason for Review:

 New License      D           Transfer of Ownership        g        Dance Permit         D
 Drop/Add Name on License              D·                       Transfer Location        D
 Drop/Add Stockholder Name .           D         New Entertainment Permit                D
 Other _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __

 Deadline for :receipt of all information: _ ___.!.__O_--=J_-_O__;_·__

 Police Department Approved            D Denied D          No Action Needed D

 Income Tax             Approved •          Owing    D     Amount:
                                                                                      i)tf'U,J(,>46;:I' t , ~
 Treasurer              Approved
                                 •          Owing ~mount:·f1 2 /4 ti                   -Jt:fWdl.   t""'- J,,1~ )ttl 11s ' - -
          - /.i::.   ,,, ~rcQ.v ._,  ..,....)/_µ., ''--.

Department Signature                          ~}i_'J, /         l   J✓1J 6).,""'-

                                                                           Gail A. Kundinger, City Clerk
                                                                                         Liquor License Coordinator
            LIQUOR LICENSE REVIEW FORM

Business Name:       (:   ut,·,'s     ,)jlof'i-..5 f3or   + 0f', /~ ,I;-;c ·
AKA Business Name (if applicable):         fl[C-!lt,ou ix= - LZZuo He/IT

Operator/Manager's Name:             /J17 -;-/2 if ;1J.
                                            rJ                 Cu f     1,


Business Address:                   h77      IA/ /_q 15 ~ fo a
                                    Clus lfG,•>·)~;1)•;:ate                                ••
                                                                                                                               74•13941724

                                                                                                                                ·                 >


                 cli-v                       l1fv;;;,;::'"'v                  \                             ; $. iS-o' ~·
paYtathe
0rd
                                   G,~
    erof/<.-ud ,, /./4.-, a,e.,e,., , :fa=7,.-.r y
                   /                                          '<·
                                                                         ~0:;:,,, ~"'---,...:.·.c·_;\:/~j;J;,{:· 'fE
      COMMUNITY                                               . . ••
      SHOR.!L';/':B~-N_K-_\                          ,,   A    ;·;, •,._·.:_.c....:.c._~-'-'.c.:_~~-'


For MUSKEGONH,,,,..,                     :      .   <. : ...                 Y
                                                                             _ c·'.:.._(,<)?c_?_•._._6~•··_·.·.._---~-·-·_·_:_:·:-_.. ~=-~..c.~~~NP•

      1:0721,.1.:1ci.1,..21: oooooci~·ai:;r11•::~2ai;:1                                                                                  .>i.i
 11)1-JARWlO                                                                                                                             -'; oJlASSl9:c
                          ~ f.,:ifon
                   724~'1:>,'03                                      111 Complete items 1, 2, and 3. Also complete                                                                             B. Date of Delivery
                   . (23R)'7°22a12U                                       item 4 if Restricted Delivery is desired .
                                                                     1111 Prin1 your name and address on the reverse
                 1sor/E~11alb:ot!oR                                                                                                C. Signature
                                                                          so that we can return the card to you.
                 n4a\S703                                            111 Attach this card to the back of the mai\piece,                                                                                D    Agent
                  ('31)n6-5!Bl                                                                                                     X
                                                                          or on the front if space permits.

                 itery lDepnrbneut                                  1. Arllc!e Addressed to:


                                                                    ~ U-1 ~
                •72.!la6'733
                : (2311)72\J~:%17

                Mim.ogerr
                )724-6724
                                                                     7 1'.s---0      ~
                : (231)722-1214
                                                                       flJ    iJv;v            Jooo/                               [email protected]?y~~-·               \CHIG/\N 48909
                Service                                                                                                              \j;n.~~JM&-~Jwl                 D Express Mail

                                                                                         J'll/ /cfjl(lf- 7 JdJ -
               )724-6716
               .: (231)724-4405
                                                                    ~',--'2:7·
                                                                    n ~ - _,, / ;_,,1
                                                                                                                               r
                                                                                                                                       •D
                                                                                                                               ' _..'=.cRc:e:::g:::is:::te_cre:::dc;_____cD_R_•_tu_rn__,R_•_c•-ip_t_fo_r--CM~e-rc_h_an_d_i,_e
                                                                                                                                            Insured Mail             D C.0.0 .
                                                                                                                                   4. Restricted Delivery? (Extra Fee)                                 0 Yes
               ")'124-6705
                                                                    2. Article Number (Copy from service label)
               :: (231)72-'1417!!
                                        November 15, 2001            7° 00          OS-i:UJ         0013          '/676      0<.J/0
             1m1.m.ity and
             igb. Se.vice5
                                                                    PS Form 3811, July 1999                       Domestic Return Receipt                                                                        '
                                                                                                                                                                                                  102595-00-M-0952
             )724a6'/17
             {: (231)726-2501

          ,1puter Info.
             stems
                                        Liquor Control Commission
         1)72-'1-674.t.                 7150 Harris
         :{; (231)722-4301
                                        PO Box 30005
         :lneeringDept.                 Lansing, MI 48909-7505
         1)124-6707
         !(:    (231)727a\S9IN,
                                        REF: #134519
         anceDept.
         1)724-6713                          677 W Laketon
         K: (231)724-6768
                                             Muskegon,MI 49441
        e Department
        1)724-6792
        X: (231)724°6985               To Whom It May Concern:
        :omeTax
       11)724-6770                     Enclosed is the resolution, police inspection report (LC-1800), local law
       .X: (231)7:U 6768  0



                                       enforcement agency report, print card and check for 1he liquor license change
       1pection Senrices               request mentioned above.
       11)124-6715
       ~x: (231)728-4371

      il.sure Servlce§
                                       Please do not hesitate to call me at (231) 724-6705 if you have any questions.
      31)724-6704
      U{: (231)724-1196                Sincerely,
       ayor'§ Office
      31}72.:l-6701
      \J{: (231)722-1214

     ,snning/Zo11!ng
     .31)724-6702
                                       Linda Potter
     AX: (231)724-6790                 Deputy Clerk
     ollce Deptsylment
     !311)724-6750                     Enc.
     AX: (231)722a5140

      ubllc Worrm Dept.
     !31)724•4!00
     'AX: (231)722-4183

 'yeasunir's Office
 231)724-6'1.20
 'AX: (231)724-6763
 1




IVater Billing Dept.
231)724•6713
.n 1.     ...... ) ' ·•·,.·. .. .. . ..·    .··· •· ·.·.. ·.. t 7 ···•·· < :   LIQANTINFC>RNIATION:: .·. •···. •.•,: :,.·                       ..... ... .
                                                                                                                                                                                                                              I
           APPLICANT# 1:          NO FINGER PRINT NEEDED FOR:                                                                  APPLICANT# 2 :
                     SAME! BTI<                                                                                                 SAIB BTIIIK
           HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                                                            HOME ADDRESS AND AREA CODE/PHONE NUMBER:
                     785 MARilllOOD AVE                                                                                         "/85 MARIWDOD AVE
                     NORTH MUSKEGON , MI 49445 231 744 9888                                                                     NORTH MUSle Licensed                                                                                            I
           Can living quarters be reached from the inside of the establishment without going outside?                                                          D    Yes       ~ No
     - Does applicant intend to have dancing or entertainment?
           121
          No            D
                       Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
           Are gas pumps on the premises or directly adjacent?                                           ~~ No                 D       Yes, explain relationship:




       J   Section 3.                                      Local and State :C_
                                                                             odes arid Ordinances, and .General Recomme_ndations
           Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
           ordinanc es, if this license is granted?  ~ Yes             No                           D
                                                                                                                                                            f ,.
           If you are recommending approval subject to certain conditions, list the c onditions: (Allach a signed and dated report If more space Is needed)




       I Section 4.                                                                                                 Recommendation
           From your investigation:
              1. Is this applic ant ,qualified to conduct this business if licensed? [z]' Yes          No                                             D
              2. Is the. proposed location satisfactory for this business?           ~ Yes             No                                             D
              3. Should this request be granted by the Commission?                   ~ Yes             No                                             D
..            4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed arid Jated report if more space Is needed)
                                                                                                                           .       /   /        , 1                                    I     (         ·/
                                                                                                         ., /   I      (                   ~




                                                                                                                                                                                     I /    <'.    V/
                                                                                          Signature (Sh~rilf or Chief of Police)                                                           Date

     LC- 1800 Rev. 06/97                                        (Mail white copy to the Commission, Keep yellow copy for your fi le)
                                                                                            : ;'



                                             MIC:-ilGAN DEPARTMENT OF C.OMMERCE
                                                 LIQUOR CONTROL COMMISSION

                                                                                                                                                       135565
                                                              RIESOUJTiON
                                                               . 200 1- 129 (d )
 At a         Regular · _·_____ meeting of the _ _ _ _.--l....·L.Jt.....y~C..i.a.11.mUJ.mu..i1...:s:i..:s~iu.aJLnL--_ _ _ _ __
                (Regular, or   Spociall                                                                (Tawna/lip Boatd, City ol Vlllag• Councill



called to order by              Mayor Nielsen                      an                                      ·r....·
                                                                             _ _Nu.o"""y""'e,...m...,b'".....
                                                                                                         "e __._J..,,.J....
                                                                                                                        , _ 2<-..;0u.OU--J..J_    at     5 · 30 P.M.

the following r~solutian was offered:

        Moved by         Commissj oner            ·scbwei     fl er     and Supported bv                                       Commissioner                 Spataro

        That the request from MK Party Store, L. L. C\., 1500· G.etty, Muskegon, MI 49442 ,
        Muskegon County, to transfer · ownership of 2001 SDD- SDM License from Star 5, Inc.




        be considered for                                       Ap.p roval


                                          Approval                                                                   Disapproval

                                          Yeas:       7                                                              Yeas:

                                          Nays:       o                                                              Nays:

                                          Absent:         0                                                          Absent:

        It is the consensus of this legislative body that the application be ___E_.~cQromEilld.e.d_._
                                                                                    fAecornmended or
                                                                                                     _ _

        _ _ _ _ _ _ _ ___;,_ __:·_for issuance.
                 nol Recammendodl


State of. Michigan )               SS
County of Muskegod

I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the


        City Commission                                                 at    a ____,!.!R~e1;,g.!.!u~l,e,a.Lr_--,-_ _ __ _ _ __
                                                                                                                         (Rogulor or Spec1111




rneeting held on the              13th day of November, 2001 .

                                                                                                                           Q ~~~
                                             (Daiei



                                                                        (Signed)
                                                                                              .. y\
                                                                                                   ~                           (I
                                                                                                                         ,wnohi9. Cily, or V•llogo Cltrkl

                                                                                                       Gail A. Kundinger, City Clerk
                                                                                                       933 Terrace
                                                                                                   (Addreaa ol Townanip. Cily or Village Board)

SEAL                                                                                                    Muskegon, MI                             49440
              MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                           LIQUOR CONTROL COMMISSION          t
                                7150 Harris Drive
                                 P.O. Box 30005
                         Lansing, Michigan 48909-7505
                         LOCAL GOVERNMENT 15-DAY NOTICE
                      [Authorized by MAC 436.1105 {2d) (3))

Muskegon City Commission
933 Terrace St                                  September 20, 2001
Box 536                                         REQUEST ID# 135565
Muskegon, MI 49443-0536

The Liquor Control Commission has received an application from:
       MK Party Store, L.L.C. request to transfer ownership of 2001 SDD-
       SDM licensed business from Star 5, Inc. located at 1500 Getty,
       Muskegon, MI 49442, Muskegon County. Members:
       Samei Btk and Saib Btk 785 Mariwood Ave, North Muskegon, MI 48445
       231 744 9888

Specially Designated Merchant (SDM) licenses permit the sale of beer and wine
for consumption off the premises only. Specially Designated Distributor {SDD)
licenses permit the sale of alcoholic liquor, other than beer and wine under 21
per cent alcohol by volume, for consumption off the premises ·only.

For your information, part of the investigation of the application is conducted
by the local law enforcement agency and investigative forms will be released to
them either in person or by mail.

Although local governing body approval is not required by the Michigan Liquor
Control Act for off-premise licenses, the local governing body, or its designee,
may notify the Commission within 15 days of receipt of this letter if the
applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, or if the applicant is considered ineligible due to other factors.

All conditions of non-compliance must be outlined in detail, indicating the laws
and ordinances applicable in this case, with a copy of the law and/or ordinance
submitted with notification.

PLEASE RETURN YOUR RESPONSE TO:

    Michigan Liquor Control Commission
    Licensing Division
    P.O. Box 30005
    Lansing, Michigan 48909-7505

LC-3104 Rev. 6/90
4880-2068
nll                                               RECEIVED:
                                                          SEP 2 4 Z001
                                                                r.,USl\EGON
                                                      Cltl M.ANAGiR'S
                                                      C   · •   '   OFFICE
Affirmative_ Action
(231)724-6703
lF'AX: (231)722-1214

Am,essor/Equeilzatlon
(231)724-6700
Jli'AJ(: (23!)726-5Hll

Cemetery Department
(23ll)724-6783
FAX: (231)726-56:J.7

City Manager
(231)724-6724
FAX: (231)722-:l.214

Civil Service
{231)724-6716
FAJ(: (231)72r 536, Muskego", MK 49443-0536
                                                        WWW .shore!lined!y .co1t1111
                    LIQUOR LICENSE REVIEW FORM

                                                                                                    L'-'-......C:.....-;;._•____
                           ._,5+-·----.Pu'-"'a"-"r~t'""'v_. . .,_..S__,_fo=--r'-'c>-J,J--=L:;,.,;,......
Business Name: _.,,_/V,.___.:

AKA Business Name (if applicable):                                 C ltN'f/Jfjx..


Operator/Manager's Name: _..,.)-=<._·_=a""-'m......,e~/__,±._-'.S----=q_...,....               J___ %___  f?..........._f.....


Business Address:                                          f_f/Oo              tfetf~


Reason for Review:
New License               D              · Transfer of Ownership                      ~          D
                                                                                                Dance Permit

Drop/Add Name on License                                D·                     Transfer Location D

Drop/Add Stockholder Name                               D               New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information:

Police Department Approved @Denied                                           D       No Action Needed D

Income Tax                         Approved •                  Owing         D      Amount:

Treasurer                          Approved
                                            •                  Owing  D             Amount:

Zoning                             Approved •                  Denied D             Pending ZBA                     •
Clerk's                            Approved
                                            •                     Owing     •        Amount:

Fire/Inspection                 Compliance             D      Remaining Defects
 Services




Department Signature                        ~--        L    . I   ~                                  / o - .J I          - 0/


                                                                        Gail A. Kundinger, City Clerk
                                                                                             Liquor License Coordinator
                   SAIB S. BTK                                                   9-91749
                   785 MARRYWOOD AVE.
                                                                                  720                                552
                                                                                639714864
                   MUSKEON, MI 49445
                                                                                 tt?Lto(
                                                                               DATE

s11~n~E            C -~,           ,1c4           1lAs1e;/Lc'jo·r-
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      National City Bank t:>f Michigan/Illinois
      i"-'---''-+---'=-'-'
                              I I - ·-1--!a14:"l..,_!" _ '!,_
                                                !.,_I_{_                                             . (.. ---

    AKA Business Name (if applicable): Ci,r N''f/J fj_y_

    Operator/Manager's Name:

    Business Address:


    Reason for Review:

    New License          D            -Transfer of Ownership               ~            D
                                                                                    Dance Permit

    Drop/Add Name on License                        •·                Transfer Location D

    Drop/Add Stockholder Name                        D         New Entertainment Permit D

    Other------------------------

    Deadline for :receipt of all information: __________

    Police Department Approved             D Denied D                     No Action Needed D

    I ncome Tax                  Approved ~  Owing D                      Amount: - - - - -

    Treasurer                    Approved
                                          • Owing D                       Amount:

    Zoning                       Approved • Denied D                      Pending ZBA           •
    Clerk's                      Approved
                                                    •      Owing   •       Amount:

    Fire/Inspection           Compliance            D      Remaining Defects
     Services




    Department Signature_
                        ~-------------~---------
                                              --' - - - - - - - - - - -


                                                                Gail A. Kundinger, City Clerk
                                                                                   Liquor License Coordinator
                   LIQUOR LICENSE REVIEW FORM

                                                       /;+Y--·$..,,.._.,_fr._1.__r,:...;;__,,L=..:...,..L""-'.'--'(,"'"""--'-·._ _ __
Business Name: --"-l}.,_7Z.,__,__,.5_·--+-/2....,.4_,_r•

AKA Business Name (if applicable): Cl1N1'1•,1-IJ».:t.

Operator/Manager's Name:                           :5·q172e, 1             ±           -Sa ,j                  l?tt
Business Address:                                     1""<00                   6'ett~

Reason for Review:
New License             D              • Transfer of Ownership                         ~        D  Dance Permit

Drop/Add Name on License                             D·                       Transfer Location D

Drop/Add Stockholder Name                            D                 New Entertainment Permit D
Other _ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _________ _

Police Department Approved                           D Denied D                       No Action Needed D

Income Tax                       Approved ~wingO Amount:

T reasurer                       Approved                          D
                                                                wing                  Amount:

Zoning                           Approved •                 Denied D                  Pending ZBA                     •
Clerk's                          Approved
                                          •                  Owing          •          Amount:

Fire/Inspection               Compliance            D       Remaining Defects
 Services




Department Signature_ _A2_
                        1.. .~,---~_. . . ___'J1/_                ~
                                               ...... -v_1_jo_)_____
                                                                                     r7

                                                                        Gail A. Kundinger, City Clerk
                                                                                                 Liquor License Coordinator
                 LIQUOR LICENSE REVIEW FORM
                                                                                      1
Business Name: _ __;r_'.m..;_,r,'
                      __   ..L...L._l,_·_1,_,aa4-"-rb..i
                                            ----"--   ...!_ _,_,._,_......._,_....,.~
                                                             .$far(".) L-I""'-'-        .,._/.._-::..___ _ __
                                                                                    -1.-vC·

AKA Business Name (if applicable): Ci,t r:ri3,1 Jj2

Operator/Manager's Name:                       .5·ame1 .J- -Sq ,j                          l?tt
Business Address:


Reason for Review:
New License           D            · Transfer of Ownership                ~            D
                                                                                   Dance Permit

Drop/Add Name on License                        •·                   Transfer Location D

Drop/Add Stockholder Name                       D             New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved                      D Denied D               No Action Needed            •
Income Tax                    Approved •          Owing D                Amount:

Treasurer                     Approved
                                       •              Owing       D      Amount:

Zoning                        Approved ~Denied •                         Pending ZBA            •
Clerk's                       Approved
                                       • Owing •                          Amount:

Fire/Inspection             Compliance         D      Remaining Defects
 Services




Department Signature,
                                 r0/ --i'v           a/ ~

                                                               Gail A. Kundinger, City Clerk
                                                                                 Liquor License Coordinator
                 LIQUOR LICENSE REVIEW FORM
                                                                         1
Business Name: _ ____.._-  ~' _,,__Jaa_,._:--!bJ.
                      m-L.,;.J..-L!+-- -~L ~..,,:,!   .Sfol"r>.
                                                '!.._ _                           . c . _ _ __
                                                                        L . fc..:........,../...,_'..:,._
                                                       ~"'-'--'"-+----'=-.:..J
                                                                  j



AKA Business Name (if applicable): _,C: :. . ·                  r_ll'.r,----'
                                                          i..:..;.·
                                                             r        !,.; 1r_;fa
                                                                               ;e,::'---=.S~fa:::.....tr __s"'--:+·----'7'
                                                                                                    '----"""'           -=~,.,=c'-',_   7om1   Ujf)-
Operator/Manager's Name:                     .s·ame,                   +         5q ,// .                  f?tt
Business Address:                              /, (o O ,.
                                               ~
                                                                            Qe t pi~
                                            ,#lrt,S      4[j £Y1;,      1
                                                                                          J7ll
Reason for Review:

New License          D            · Transfer of Ownership                        ~        D    Dance Permit

Drop/Add Name on License                       D·                       Transfer Location D

Drop/Add Stockholder Name                      D                 New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information:

Police Department Approved            D Denied D                                No Action Needed                          •
Income Tax                   Approved • Owing D                                 Amount:

Treasurer                    Approved
                                      • Owing D                                 Amount:

Zoning                       Approved • Denied D                                PendingZBA                        •
Clerk's                      Approved
                                              •      Owing             •         Amount:

Fire/Inspection           Compliance          D     Remaining Defects
 Services




Department Signature_ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _


                                                                      Gail A. Kundinger, City Clerk
                                                                                            Liquor License Coordinator
                  LIQUOR LICENSE REVIEW FORM
                                                                                                1 1
Business Name: _ _..._.,rn-<-·-<--<-_g1-
                        ,t I I~·-Lf2a'4-L-::•fJ•'!_
                                         _!_~-'!..           ,S for,.
                                                            _....,....,_,,<....:.......,_           -'-'-..........
                                                                                               L.. l,c
                                                                                             _,,=-'--"    (..- - ' - - - - - -
                                                                                       )



AKA Business Name (if applicable):                         Cit N 'r ,1 J;f;t.


Operator/Manager's Name: _....)=<"-·q=m.....,e=-
                                              - 1 __,±._----=.S::;;...·=a_,_1.,_,,_J'--___.,_/i.L..L...-fL..1.):
                                                               L...                                          _ __

Business Address:


Reason for Review:

New License            D            • Transfer of Ownership                                 ~
                                                                                            D            Dance Permit

Drop/Add Name on License                         D·                       Transfer Location D

Drop/Add Stockholder Name                        D                 New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information:

Police Department Approved                       D     Denied               D               No Action Needed          •
Income Tax                     Approved          •      Owing               D               Amount:

Treasurer                      Approved
                                                 •      Owing               D               Amount:

Zoning                         Approved          •      Denied D Pending ZBA                                     •
Clerk's                        Approved
                                                 •       Owing             •                Amount:

Fire/Inspection             Compliance ~ Remaining Defects
 Services




                                                                      Gail A. Kundinger, City Clerk
                                                                                                    Liquor License Coordinator
   Afikmatlve Action
   (231)724-6703
                                                     liwi\o!fai+Mi@i#iirM"
                                                      ill Complete items 1, 2, and ( / '.'3.~:complete
   !FAJ{: (231)722-1214
                                                          item 4 if Restricted Delivery_j i ~fisired.
  A•!i~!'lsor/Equniil'mtl.o11
                                                      11 Print your name and address on the reverse
                                                                                                                                 c. Signature
  (231)724-6700                                         ' so that we can return .the card to you.
                                                      II Attach this card to the back of the mailpiece,
                                                                                                                                                                                 D )\gent
  iF'A'K: (231)726-§131                                                                                                         X                                                D Addressee
                                                          or on the front if space permits.
  Cemetcry!Oeparlm.e11t
                                                                                                                                 D, Is delivery address different from itam 1?   D Yes
                                                      1. Article Addressed to:
                                                                                                                                t:-,0.lf YES, enter delivery address below:      •   No
  (231)724-6783
  FAX: (231)7:Ui-5iil'l                               ,-/__·_. _tn:tul
                                                      ~           i
                                                                                          ~ 500:J<'
                                                                                                         01'-']_                ~~'"~o,11 ~i,~W'
  :City Mimage?'
                                                                          --f I    .. :                      µ..-':\:,,~~,II\
  (23t)n-3-6n4                                          7/S-O             ,:;,-,:uv//VL                    \II "c~'fl"
  FAX: (231)722-1214

                                                       /tJ       /Jc;,,C                        ..,J.\l<~"
                                                                                                                    C\\I ?,
                                                                                                                              ~~!::=::;:==========
  Civil Servke
  (231)724-6716
  FA¼: (231)724-4405                                        Y         •       4
                                                                                   JO 00'/!T

                                                                                  /J]1/ ,  f?   9   f-
                                                                                                                .
                                                                                                                '(\v
                                                                                                          7.:;'tJS-
                                                                                                                                   Jl               70   oo                 OS ,RO               oo/ :J
    Neigh. Service§                               ···PS Form 3811, July 1999                                  Domestic Return Receipt                                         102595-00-M-0952
  (231)724-6717
  FAX: (231)726-2501

 Computer Info,
  Syatema
                                Liquor Control Commission
 (231)724-6744.                 7150 Harris
 FAX: (231)722-4301
                                POBox30005
 Engineei"ing Dept              Lansing, MI 48909-7505
 (231 )724-6707
 FAX: (231)727-6904
                                REF: #135565
 Finance Dept.
 (231)724-6713                       1500 Getty Street
 IFAX: (231)724-6763
                                     Muskegon,MI 49442
 Ffre Department
 (231)724-6792
 FAX: (231)724-6985
                                To Whom It May Concern:
 Income Tux
 (231)724-6770                  Enclosed is the resolution, police inspection report (LC-1800), print card and
 FAX: (231)724-6768             check for the liquor license change request mentioned above.
 Insperction Set"virces
 (231)724-6715
 PAX: (231)728-4371
                                Please do not hesitate to cail me at (231) 724-6705 if you have any questions.
Lelmrc Servirces
(231)724-6704
                                Sincerely,
FA¾: (231)724-1196

Mnyor's Office
(231)'124-6701
FAX: (231)722-1214
                                Linda Potter
Planning/Zoning
(231)724-6702
                                Deputy Clerk
FAX: (231)724-6790

Police Deptartment
                                Enc.
(231)724-6750
FA¼: (231)'122-5140

Public Works Dept.
(231)724-4100
FAX: (231)722-4138

Trensui"er's Office
(231)724-6720
FAX: (231)724-6768

Water Billing Dept.
(231)724-6718
FAX: (231)724-6768

Water' Filtration
(231)724-4106
FAX: (231)755-:5290
                                 Cnly ofMus!cegm11, 933 'ferrnce §twee!, il".0. ll'lm, 536, Mllls!cego", Mil 49443-0536
                                                              www.•ho,eRiID1edly.coiJll1
                                         lac· o[/ictso(
                                     _ __:::_c_c,=--'--L,_ PARM
                                                           _ ___ENTER
                                                                 __                  O'TOOLE
                                      175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443·0786
                                               Phone 231.722.1621 • Fox 231.722.7866or728.2206




       November 1, 2001




       Major Metcalf, Fire Inspector
       Muskegon Fire Department
       Fire Prevention Bureau
       75 W. Walton Avenue
       Muskegon,MI49440

       Dear Major:

       Enclosed is the proposed ordinance adopting the International Fire Code for presentation to the
       city commission. If there are any questions, please call me.

       I ih1 herewith returning the 2000 edition of the International Fire Code to you.




            homas Jo
          i ct Dial:
          ~mail: gtj

       GTJ:mmf

       Enclosures

       c:            Gail A. Kundinger /




G. Thomas Johnson          Christopher L. Kelly      Keith L. McEvoy       OfCounsd              Rrtirtt!             Paul T. Sorenson, 1920.1966
John M. Briggs, HI         Lindo S. Koare            Anno Urick Duggins    Thomas J. O'Toole     Robert L. Forsythe   George A Parmenter, 1903-1993
Michael L. Rolf            Philip M. Staffon         Scott R. Sewick       Eric J. Fouri         Arthur M. Rude       Cyrus M. Poppen, 1903-1996
George W. Johnson          William J. Meier          Jennifer L. Hyllond   George D. Van Epps                         Harold M. Street, 1912-2000
W. Brod Groom              James R. Scheuer!e        Jeffery A Jacobson
John C. Schrier


G:\COMMON\5\GTJ\110101.doc
                                                      CITY OF MUSKEGON

                                                  MUSKEGON COUNTY, MICHIGAN

                                                     ORDINANCE NO.   2059


    An ordinance to adopt the International Fire Code, 2000 Edition, and to re-adopt and retain
                        Appendix II - C of the 1997 Uniform Fire Code



            THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

            Section 9-136. Adoption of the International Fire Code, 2000 Edition, and Adoption
            and Retention of Appendix II-C of the Uniform Fire Code, 1997 Edition.

                    The City of Muskegon adopts for the purpose of prescribing regulations
            governing conditions hazardous to life and property from fire, hazardous materials or
            explosion, and for all other relevant purposes, that certain code known as the
            International Fire Code, 2000 Edition, together with and retaining and re- adopting
            Appendix II-C of the 1997 Uniform Fire Code. The said adoption and retention of the
            said codes is made except as amended by this ordinance. Copies of the said codes are on
            file with the City Clerk and the said codes, as amended, are made a part hereof as if fully
            set forth in this ordinance.

            Section 9-136.1. Rules for flammable and combustible liquids and underground
            storage tanks.·

                   The City hereby adopts the State of Michigan rules for the storage and handling of
            flammable and combustible liquids promulgated by the Michigan State Fire Safety
            Board, and the Michigan Underground Storage Tank Rules, as adopted by the State of
            Michigan.

            Sec. 9-137. Supplemental Definitions.

                    In addition to the definitions set forth in the International Fire Code, the following
            definitions apply:

                    (a)    Wherever the word "jurisdiction" or "name of jurisdiction" is used in the
            International Fire Code, it shall be held to mean the City of Muskegon.

                    (b)    Whenever the words "code official" are used in the International Fire
            Code, they shall be held to mean the position of City Fire Marshal or, if that position is
            vacant, the position of City Fire Inspector.




G:\edsi\Fi les\00 I00\0 182\0RD IN\9U 1349 .DOC
            Sec. 9-138. Amendments to the International Fire Code.

                    (a) Applications for permits. Applications for all permits required by the
            International Fire Code or this article shall be made at the office of the city clerk, and all
            fees shall be paid at the office of the city treasurer. The amount of such fees shall be as
            prescribed, from time to time, by resolution of the city commission.

                    (b) Section 109. 3 of the International Fire Code is amended to read in its entirety
            as follows:

                                  "Violations and Penalties. Persons who shall violate a provision of this
                         code or fail to comply with any of the requirements thereof or who shall erect,
                         install, alter, repair or do work in violation of the approved construction
                         documents or directive of the code official, or of a permit or certificate issued
                         under the provisions of this code, shall be responsible for a civil infraction.
                         Penalties which shall apply to civil infractions shall be a fine of $100 for the first
                         offense, $250 for the second offense within one year of the first, and $500 for
                         each subsequent offense within two years of the first offense. Each day that a
                         violation continues after due notice has been given shall be deemed a separate
                         offense.

                    In addition to the imposition of penalties and responsibility for civil infractions
            the city is authorized to institute appropriate actions to prevent unlawful construction or
            to restrain, correct or abate a violation, to prevent illegal occupancy of the structure or
            premises or to stop an illegal act, conduct a business or occupancy of a structure on or
            about any premises."

                  (c)     Section 110 of the International Fire Code concerning unsafe building is
            amended to read in its entirety as follows:

                                 "Unsafe Buildings. Buildings or structures which are structurally unsafe
                         or not provided with adequate egress, or which constitute a fire hazard or are
                         otherwise dangerous to human life, or which in relation to existing use constitute
                         a hazard to safety or health or public welfare, by reason of inadequate
                         maintenance, dilapidation, obsolescence, fire hazard, disaster damage or
                         abandonment as specified in this code or any other ordinance, are, for the purpose
                         of section 110, unsafe buildings. Such unsafe buildings are hereby declared to be
                         public nuisances and .shall be abated by repair, rehabilitation, demolition or
                         removal. The procedures and standards specified in chapter 4 of the Code of
                         Ordinances concerning dangerous buildings shall apply." ·

                    (d)      Section 111.4 of the International Fire Code is amended to read in its
            entirety as follows:




G:\edsi\Files\00 I 00\0 I 82\ORD IN\9U 134 9 .DOC
                                   I I I. 4 Failure to Comply. Any person who shall continue any work after
                          having been served with a stop work order, except such work as that person is
                          directed by the Code Official to perform to remove a violation or unsafe
                          condition, shall be responsible for a civil infraction carrying the same penalties as
                          set forth in subsection (b) above.

            Sec. 9-139. Modifications.

                   The Code Official, with consent and knowledge of the chief of the fire
            department, shall have power to modify any of the provisions of the International Fire
            Code, upon application in writing by the owner or lessee, or his duly authorized agent,
            when there are practical difficulties in the way of carrying out the strict letter of the
            codes, provided that the spirit of the codes shall be observed, public safety secured and
            substantial justice done. The particulars of such modifications, when granted or allowed,
            and the decision of the fire marshal or the fire inspector thereon, shall be entered upon the
            records of the fire department and a signed copy shall be furnished the applicant.

             Sec. 9-140. Appeals.

                    Section 108 of the International Fire Code is amended to read in its entirety as
             follows:

                                   Whenever an application is disapproved or the granting of a permit under
                          the fire prevention code or the International Fire Code or Appendix II-C of the
                          1997 Uniform Fire Code is refused, or when it is claimed that the provisions of
                          the said codes do not apply or that the true intent and meaning of the code have
                          been misconstrued or wrongly interpreted, the applicant may appeal to the
                          Construction Board of Appeals of the city in accordance with their authority as set
                          forth in Ordinance 2051 adopted August 28, 2001 and effective September 18,
                          2001.

                    Appendix A, concerning a board of appeals, set forth in the International Fire
             Code, is not adopted by this ordinance and is deleted.

             Sec. 9-141. The provisions of the Code of Ordinances previously in effect including
             Sections 9-136 through 9-145 are hereby superseded by this ordinance and repealed.

This ordinance adopted:

             Ayes:           Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd
             Nays:           None

Adoption Date: _ _,1----'1-=--'-1ce3-'--'0'--1'------------
Effective Date: ---'-"~'---"--'----------
                    12-1-01



G:\edsi\Files\00 l 00\0 182\0RD fN\9 U ! 3.19. DOC
First Reading:         11-13- 01
Second Reading: -----"N'--'---'--'A_ _ _ _ _ _ _ __




                                                                      By:   ~o
                                                                      CITY OF MUSKEGO~


                                                                      Gail A. Kundinger, Clerk
                                                                                                 .µJ



                                                            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 13t h        day of    November             , 2001, 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: _____,N'"'""'o"-'vc..e=m=
                             :, b-=
                                 er._-'--'13"---_ _, 2001

                                                            Clerk, City of Muskegon


Publish:              Notice of Adoption to be published once within ten (10) days of final adoption.




G:ledsi\Files\00 10010 182\ORD rN\9U1349.DOC
                                                  CITY OF MUSKEGON
                                                 NOTICE OF ADOPTION

TO:       ALL INTERESTED PARTIES

      Please take notice that on November 13 , 200 I, the City Commission of the City of
Muskegon adopted a revised fire prevention code, which provides in summary form as follows:

        Section 9-136 adopts the International Fire Code, 2000 Edition, and Appendix II-C of the
1997 Uniform Fire Code concerning marinas. Copies of the codes are available at the City
Clerk's Office for examination, copying and purchase at reasonable prices.

          Section 9-137 provides for certain definitions.

        Section 9-138 provides for ce1iain amendments to the International Fire Code. They
include:
        Section 9-138 (a) Applications for permits are to be filed with the City Clerk.

        Section 9-138 (b) provides for penalties. Violations of the codes constitute civil
infractions carrying penalties of $100 for the first offense, $250 for the second offense, and $500
for the third offense within two (2) years.

       Section 9-138 (c) provides for unsafe buildings and abatement of unsafe buildings
pursuant to the dangerous building ordinance of the city.

       Section 138 ( d) provides for failures to comnply with stop orders and other directins of
the Code official.

          Section 9-139 provides for modifications to the codes by the Code Official.

          Section 9-140 provides for appeals to the Construction Board of Appeals.

        Section 9-141. The present fire prevention code ordinance is superseded and repealed by
this ordinance.

        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 (I 0) days from the date of this publication.

                                                              CITY OF MUSKEGON

Published: _,_,N"'o"-ve"'m,,.b.,_.e,,,r----"2c-'1___ , 2001   By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                              Gail A. Kundinger, Its Clerk
--------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.



G:\EDSI\F!LES\00100\0182\ORDIN\9U1347.DOC
Date:       11/01/2001
To:         Honorable Mayor and City Commission
From:       Kelly Defrench, DPW Supervisor
RE:        2002 Police Patrol Car Purchase




SUMMARY OF REQUEST: Purchase 1O Ford Crown Victoria Patrol Cars from
Vollman Ford, State purchasing contract, at $20,942.00 each for a total of $
209,420.00



FINANCIAL IMPACT: $ 209,420.00 (Equipment Fund)



BUDGET ACTION REQUIRED: $ 206,250.00 is budgeted for this purchase.
The additional $3, 170 will be adjusted from other budgeted equipment
purchases for 2002.



STAFF RECOMMENDATION: Purchase of 10 Patrol cars from Vollman Ford
for a total of$ 209,420.00, to replace existing units.



2000 State Purchasing Contract/ per unit--$20,515.00

2001 State Purchasing Contract/ per unit --$20,942.00

2002 State Purchasing Contract/ per unit --$20,942.00
                                                                  Patrol Cars 2002
      ·--   ----------- ---                                                                                                                                                                        -- - - - ---


State Bid
Vollman Ford                                                                          $20,942.00 X 10 Units $ 209,420.00
                              -·-- -   -   - --------------- ----




Oakland County
Vollman Ford                                -------   ---                  -
                                                                                      $21,081.00 -----                 --   -- ---- ----------- ----    .   __ ,,,..
                                                                                                                                                                       $210,810.00                       -------




Macomb County                              1--        - --                     ..   ---    -     ------..                                      ------ -- -             -------------- ------- --


Signature Ford                                                                        $21,196.30                                                                       $211,963.00
                                                                                                                      ---   ----------    - ----   --

                                                       --   ·--   -- -- ---- --- --------- - -              -------

10 Patrol
               Commission Meeting Date: November 13 2001

Date:         October 23, 2001
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development           CC:l,
RE:           Purchase of 425 W. Delano St. - Seaway Industrial Park


SUMMARY OF REQUEST:

To purchase property located at 425 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Marie Thompson, 425 W. Delano Street, Muskegon,
Michigan on October 18, 2001. The purchase price is $49,225.

FINANCIAL IMPACT:

State of Michigan Urban Land Assembly funds will be used to purchase this property.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To grant approval of the attached resolution consenting to the purchase of 425 W.
Delano Street for the development of the Seaway Industrial Park.

COMMITTEE RECOMMENDATION:

None




10/23/2001
                                 Resolution No.    2001 -1 29(g)

                            MUSKEGON CITY COMMISSION


                  RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
                          425 W. DELANO STREET FOR $49,225

WHEREAS, the City of Muskegon and Marie Thompson have entered into a purchase
agreement for property located at 425 W. Delano Street, Muskegon, Ml; and

WHEREAS, the purchase of property located at 425 W. Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and

WHEREAS, the City of Muskegon intends to utilize State of I\Jlichigan Urban Land Assembly
funds for the purchase of the subject property.

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 425 W. Delano Street, Muskegon, Michigan for the amount of
$49,225.



Adopted this 13th day of November 2001.



AYES:      Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd
NAYS:      None
ABSENT: None

                                     BY:


                                     ATTEST:




                                                         L
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on November 13, 2001 .              ~

                                                                · ~g,J
                                            Gail Kundinger, Clerk




10/23/01
         J.S >f~\fd




                      ------------




  _________________________ J--
~a A'v'M\f3S
                   REAL ESTATE PURCHASE AGREEMENT
                                  2001-129(g)
      THIS AGREEMENT is made {f_}, /,,ih/,(    I£            , 2001, by and
between Marie Thompson, of 425 W. Delano Avenue, Muskegon, Michigan
49444 ("Seller"), and the CITY OF MUSKEGON, a municipal corporation, of 933
Terrace Street, Muskegon, Michigan 49440 ("Buyer").

         1.    General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:

  YOUNG & WILLIAMS ADDITION WL Y 55 FT WAALKES ST LYING BTW BLKS 3 & 4 AND
                          THEE ½ LOTS 1 & 2 BLK 3

subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.

       2.    Purchase Price and Manner of Payment. The purchase price for
the Premises shall be Forty-nine Thousand Two-Hundred Twenty-five
($49,225), payable in cash or city check to Buyer at Closing.

       3.     Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
        S.    Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.

       6,     Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termination of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.

       7.     Environmental Matters. Seller represents and warrants to Buyer
as follows:

              To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.

             Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.

              The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.

              Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.

      8.  Condition of Premises and Examination by Buyer. NO
IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS
FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES
SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER
EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS,"
SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES.
BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THE BUILDINGS AND IMPROVEMENTS THEREON.

       9.     Real Estate Commission. Seller shall be solely responsible for
any real estate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.

      10.    Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ _ _ , 2001 ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.

      11.     Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.

      12.    Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.

      13.    Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than _ _ _ _ _ __

        14.   Costs. Seller shall be responsible to pay the Michigan transfer tax
in the amount required by law. Seller shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent
required by this Agreement. Buyer shall pay for the cost of recording the
warranty deed to be delivered at Closing.

       15.    General Provisions.

      a.    Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
      b.    Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.

      c.      Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.

       d.    Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.

        e.    Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.

          f.    Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.

     g.    Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.

      The parties have executed this Real Estate Purchase Agreement the day
and year first above written.

WITNESSES:                                       BUYER: CITY OF MUSKEGON

                                               By   k-A--<   ,,?~-   ~
                                                     Fred    I   ise~, ~ayor

                                               By       Q.tl,,      - ~V'hv-
                                                    Gail A. Kundinger, Clerk


                                                SELLER:

                                               ·-~rrv u\_ul -rh.{)fV\
                                                Marie Thoi:npso~
                                                                           b)_)
                                                                         c :1
                                                                                  c,__,
                                                (SS# ·31c.1/ i l 1 -.JG,S   O)
               Commission Meeting Date: November 13, 2001

Date:         October 29, 2001

To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development           elf_,,,
RE:           Purchase of 2001 Park St. - Seaway Industrial Park


SUMMARY OF REQUEST:

To purchase property located at 2001 Park Street pursuant to the City of Muskegon
goal of creating the Seaway Industrial Park. This request is pursuant to a purchase
agreement signed by Carina James, 2001 Park Street, Muskegon, Michigan on
October 23, 2001. The purchase price is $38,283.

FINANCIAL IMPACT:

State of Michigan Urban Land Assembly funds will be used to purchase this property.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To grant approval of the attached resolution consenting to the purchase of 2001 Park
Street for the development of the Seaway Industrial Park.

COMMITTEE RECOMMENDATION:

None




10/29/2001
                                 Resolution No. 2001- 129 ( h)

                           MUSKEGON CITY COMMISSION


  RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 2001 PARK STREET FOR
                                 $38,283



WHEREAS, the City of Muskegon and Carina James have entered into a purchase agreement
for property located at 2001 Park Street, Muskegon, Ml; and

WHEREAS, the purchase of property located at 2001 Park Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway lndustriai Park; and

WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 2001 Park Street, Muskegon, Michigan for the amount of
$38,283.



                  th
Adopted this 13 day of November 2001.



AYES:      Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd
NAYS:      None
ABSENT:       None
                                    BY:
                                                   F~            ~            ~ ·,'
                                    ATTEST:
                                                   Gail Kundinger, Clerk    a
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on November 13, 2001.                ~          . /

                                                  a.1-    +<.....----~~
                                           Gail Kundinger, Clerk




10/29/01
                                   --------




                                  ---------




  -----            ----------   ________   ]-
 t/0 A'v'M'v'3S




r-----7r---~      ----
                                2001-129(h)
                    REAL ESTATE PURCHASE AGREEMENT

        THIS AGREEMENT is made (lt,4·iw1~ •:3-'1 .,v20 /      , 2001, by and
between Carina James, of 2001 Park Street, Muskegon, Michigan 49444
("Seller"), and the CITY OF MUSKEGON, a municipal corporation, of 933
Terrace Street, Muskegon, Michigan 49440 ("Buyer").

         1.     General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:

                  Young & Williams Addition, Lot 1, Block 1, City of Muskegon

subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.

       2.    Purchase Price and Manner of Payment. The purchase price for
the Premises shall be Thirty-Eight Thousand Two Hundred Three ($38,283)
Dollars, payable in cash or city check to Seller at Closing.

       3.     Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.

         4.     Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
        5.    Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.

        6.     Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termir,ation of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.

        7.    Environmental Matters. Seller represents and warrants to Buyer
as follows:

              To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.

             Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.

              The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.

              Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.

      8.  Condition of Premises and Examination by Buyer. NO
IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS
FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES
SHALL OPERATE BEnNEEN SELLER AND BUYER, AND BUYER
EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS,"
SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES.
BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THE BUILDINGS AND IMPROVEMENTS THEREON.

       9.     Real Estate Commission. Seller shall be solely responsible for
any real estate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.

      10.    Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ _ _ , 2001 ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.

      11.     Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.

      12.    Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.

      13.    Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than 30 days from the date of closing.

        14.   Costs. Buyer shall be responsible to pay the Michigan transfer tax
in the amount required by law. Seller shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent
required by this Agreement. Buyer shall pay for the cost of recording the
warranty deed to be delivered at Closing.

       15.    General Provisions.

      a.    Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
      b.    Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.

      c.      Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.

       d.    Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.

        e.    Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.

          f.    Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.

     g.    Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.

      The parties have executed this Real Estate Purchase Agreement the day
and year first above written.

WITNESSES:                                       BUYER: CITY OF MUSKEGON

Sy? fl-.'-v,.. Ki2.A..,~ s){_
      -::fO ~'rd\


    ,, _{   ',   -
                     \;::n, !Ce\)()".,)(:,
                                               By~~9:~
                                               By Fred,J.   Qz::
                                                   Gail A. Kundinger, Cler




                                                Carina ,James   j     .. .
                                                (SS# .  31' 1o ~,2/Jcd()
                                                           I'        ,
                                                                         l

                                                (SS#_ _ _ _ _ _~
Date:         November 13, 2001
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Request for Encroachment Agreement
              @ 851 W. Laketon Ave.




SUMMARY OF REQUEST:
Mr. Barteau, owner of 851 W. Laketon, has submitted the attached encroachment
agreement form requesting your permission to install an awning on the Laketon Ave. side of
the aforementioned building.



FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement.




COMMITTEE RECOMMENDATION:
                                                                                               !)._oo I ·-/.:). 'IO)
                                         CITY OF MUSKEGON                                         I/. /J -v;

                         ENCROACHMENT AGREEMENT AND PERMIT

       THIS AGREEMENT is made and entered into this               4      day of

and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and

{)a rkc,u lJ p\-i O l s.-/e B '7                         (hereinafter called LICENSEE).

                                               RECITALS

        1. LICENSEE proposes to install, repair or maintain improvements or facilities ("the

encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or

owned by the City of Muskegon, the encroachment being described as
                                                                            .                           /
   85 \                                                                     '-\C\ '-I Ll l ~ J 9 '1 \
                                                       s-5
                                 /4 ;{,,k1 d-t e.            .s~ >If,.
       2. The City-owned or controlled property (herein "property") subject to the encroachment is

described as:

[please inse1i a general description, and if required by the city, an accurate legal description]




       3. The City is willing to grant such privilege upon the terms and conditions herein. This

agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to

any encroachment on public ways or prope1iy.

       THEREFORE,

       1.       City does hereby grant unto LICENSEE the privilege of_constructing, _ __

installing, _ _ maintaining, _ _ _ repairing _ _ performing all necessary functions relating to the

encroachment, and for that purpose to enter the property, for the term hereing stated. This




                                                     1
privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only

after approval of this agreement by the City Commission and delive1y to the City of the required

evidence of insurance coverages.

         This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ __




         2.     That LICENSEE shall pay to the City for the privilege hereby granted the sum of_

a{\.P ~u\J\Jf£       cb                Dollars($   lu::i() u ), such payment to be made upon the
signing of this agreement to be dated as of the J!}_ day of   ~,~5~.<5,._,_\"~·C~---- 20n.i,_, to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to

terminate the first day of May, - - ~ unless sooner terminated as hereinafter provided.

         3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR

of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or

fines or awards brought against or charged to the city by any person, firm or corporation on account of

or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related

to the encroachment or this privilege. This indemnification obligation shall include all liabilities for

environmental damage or releases of hazardous substances subject to any governmental or third party

action. "Hazardous substance" is defined as any material constituting a prohibited or regulated

substance under governmental law, rule, statute or regulation in force at any time, including futme

times.

         4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are

satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan,

naming City as an additional insured on any such policy. LICENSEE will file with




                                                     2
City certificates or policies evidencing such insurance coverage. The insurance policies or certificates

shall provide that the City shall be given thirty days written notice before a cancellation or change in

coverage may occur. The types of coverage and coverage limits to be required shall be as follows:




        5.       BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the

city a bond conforming with the requirements of any ordinance, and shall keep same in force during

the entire term of this agreement.

       6.        The privilege hereby granted may be canceled and revoked by the CITY at any time

upon giving said LICENSEE_ days of written notice of such cancellation and revocation.

       7.        LICENSEE may surrender up the privilege hereby granted at any time upon giving

notice in writing to the city ____ days prior to such surrender; provided, however, that upon the

voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof

by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area

of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City

and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in

such restoration.

       8.        That should said LICENSEE fail or refuse to conform to any of the conditions on its

part to be performed hereunder, the privilege hereby granted shall immediately terminate and become

null and void.




                                                    3
       9.      This agreement sh.al be binding upon the respective heirs, representatives, successors

and assigns of the parties hereto.




Witnesses:                                                  CITY OF MUSKEGON




                                                   4
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L.•,-.•.••••·•••••o••o ,o.o•o"'' ,,.,.
                                                                                                                                                               10 16 01           l>
                                                                                                                                                                     RMA      N
                                                                                         ONLY ANO CONFERS NO RIGHTIII UPON '1111! CElfflf'ICATii
                       CLOETINGH-SEAWAY GENERAL                                          IIOLOEIL 11118 CERTIFICATE DOES NOT AIIIEND, IEXTI!ND OR
                       AGENCY INC                                                        Al.TIER TIii! C:OYIEAAOI! Aff'OflllEI> l!IV 1111! l'OUCll!S IIEI.OW,
                       1275 PECK STREET



-
                       MUSKEGON            MI 49441-2198
                                                                                                          CITIZENS INS-REGIONAL BUS CTR
                      BARTEAU UPHOLSTERY & FABRIC
                      BILL BARTEAU
                      851 W, LAKETON AVENUE
                      MUSKEGON            MI 49441                                      COMPAHY
                                                                                           II
;_:;.;<❖C needed)                                           dated repon ~ more space is needed)



I Section 2.                                       Investigation of Bueineee and Addreaa to           be Licensed                                              I
    Can living quarters be reached from the inside of the establishment without going OUl5ide?               0      Yes       .,Pi:f No
    Does applicant intend to have dancing or entertainment?
       No       O Yes. complete LC·693N, Police Investigation Aepon: Dance/Entertainm1mt Permit
    Are gas pumps on the premises or diree11y adjacent'?                 No       D    Yes, explain relationship:



ISection 3.                               Local 11nd State Codes arid Ordinances, and General Recommendations                                                  J
    Will the applicant's proposed location meet o1II appropriate state and local building. plumbing. zoning. fir1:1, sani1ation and health laws and
    ordinances, ii this license is granted?   IX! Yes             D
                                                                 No
    If you are recommending approval subject to cenain conditions, list the conclilions: (Anacn a slQnoo ano ciatad ,Qj)On 1r mo,e space Is rniG. llox §36, iVIuskegmn, IVH 49,)43-0536
                                                       www.ahorielinecify.cnm
                                                                                                            L'   /()..- / - OJ
                                                                                                            "l,        ,,.
                                                                                                                                 I

                                                                                                             OCT O2 2001
                     LIQUOR LICENSE REVIEW FORM

  Business Name: ------'-'l'.4,,.-1,,,J'--ol..L..!.<'.c?....s.£"""---~--'--i_r_e_e_r__~/l/4__:_....:...C?_r_;,_;l)r
                                                                                                                 , l"~""j-
                                                                                                               :.....;. __


  AKA Business Name (if applicable): _ _ _ _ _ _ __ _ __ __

  Operator/Manager's Name:

  Business Address:                                I I 1/ 9'


 Reason for Review:
·· •New License           D              Transfer of Ownership                    A;{ Dance Permit D
 Drop/Add Name on License                               D·                                    D
                                                                                    Transfer Location

 Drop/Add Stockholder Name                            D              New Entertainment Permit D

 Other

 Deadline for receipt of all information: _.L.../(J::;__-;__/t_-_o_J_ _ _ __

 Police Department Approved ~Denied                                D No Action NeededO
 Income Tax                        Approved •               Owing D Amount:

 Treasurer                         Approved
                                            •               Owing D Amount:

 Zoning                            Approved •               Denied D· PendingZBA •

 Clerk's                           Approved
                                            •                   Owing    •       Amount:

 Fire/Inspection                Compliance           0      Remaining Defects
  Services




 Department Signature                    t:%-       L     . I   ~µ . Q.-...

                                                                      Gail A. Kundinger, City Clerk
                                                                                         Liquor License Coordinator
                                                                                                    / 0- /-OJ


                  LIQUOR LICENSE REVIEW FORM

 Business Name: _ _ _____.,.l,~/,_._., 0 ..,.,£2..,,,.__ _~
                                  0 _...                  _ i_r_e_e_r__..:;_/l/4_#.:.....
                                                                                 . _;_q_r_;_;)r;_/_r-...:.r
                                                                                                       __

 AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __ _

 Operator/Manager's Name:

Business Address:                           // 1/ 9'


Reason for Review:
· New License ·       D             Transfer of Ownership                %           D
                                                                                 Dance Permit

Drop/Add Name on License                       D·                  Transfer Location D

Drop/Add Stockholder Name                      D            New Entertainment Permit D

Other                                                                  t2erscfJ n q /    /'eKJ,e, sf rrJ·a fr;,,.e.   9-1/-01,
                                                                   I                       I



Deadline for receipt of all information: -""""'/();_-/_(_-_o_J_ _ _ __

Police Department Approved Djlenied                             D        No Action Needed D

Income Tax                    Approved        ~      Owing  D Amount: - - - -
Treasurer                     Approved
                                      •              Owing D Amount:

Zoning                       Approved •              Denied D· PendingZBA •

Clerk's                      Approved
                                      •              Owing     •          Amount:

Fire/Inspection            Compliance         D     Remaining Defects
  Services




Department Signature._~--1:::...--=:...!-....!..,l_.;__ _ _ _ _ _ _ _ _ __


                                                            Gail A. Kundinger, City Clerk
                                                                                Liquor License Coordinator
-
'                                                                                                        /0- /-o J



                 LIQUOR LICENSE REVIEW FORM

     Business Name:   ---~u..,,,./"--'-"-a.0. ......!}_=.,.__-~_i_r_e_e_-r__..c,-/l/4---'-_cr_r_l)r;._,l"_,_1_-_ _
    AKA Business Name (if applicable): _ _ _ __ _ _ __ __ _ _

    Operator/Manager's Name:

    Business Address:                      11     rr
    Reason fo:r Review:
    ·New License · D              Transfer of Ownership                   ,P({ Dance Permit D
    Drop/Add Name on License                  D·                                      O
                                                                            Transfer Location

    Drop/Add Stockholder Name                 D              New Entertainment Permit D

    Other

    Deadline for receipt of all information: _.L..:/(J
                                                    =---/:__t_-_o_J_ _ _ __

    Police Department Approved                D Denied D                 No Action Needed               D
    Income Tax             Approved ~wingO Amount:

    Treasurer              Approved                     wingD Amount:
    Zoning                 Approved •                Denied D· Pending ZBA •

    Clerk's                Approved
                                    •                 Owing      •        Amount:

    Fire/Inspection     Compliance            0      Remaining Defects
      Services




    Department Signature        ~                         !d)1--Jo)
                                                           Tc

                                                              Gail A. Kundinger, City Clerk
                                                                                 Liquor License Coordinator
RECEIVED                                                                                                                /0- /-OJ



        OCT 2 2oor LIQUOR LICENSE REVIEW FORM
  CITY OF MUSKEGON . _
PLANNl~UDf!PWffflvlM _ _ _.......,l,_):......i.o.,__.<2"---'£""""----·~-i_r_e_e_t-_--!:..~___.:_cr-'-r___:...:...;(,_;_,.1-<...-_

            AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __

            Operator/Manager's Name:

           Business Address:                                // 1/ 7


           Reason for Review:
        ·· •New License ·           D             Transfer of Ownership                  M.        Dance Permit            0
           Drop/Add Name on License                           •·                            Transfer Location              D
           Drop/Adell Stockholder Name                         D             New Entertainment Permit                      D
           Other

           Deadline for receipt of all information:                                      /(J-/( - 01

           Police Department Approved                         D Denied D                 No Action Needed D

           Income Tax                       Approved          D      Owing        D      Amount: - - - -

          Treasu:rer                        Approved          D      Owing       D       Amount: _ _ __

          Zoning                            Approved          §      Denied      D· Pending ZBA D
          Clerk's                           Approved          D       Owing D            Amount: _ _ __

          Fire/Inspection                Compliance           D      Remaining Defects _ _ _ __
           Services




          Department Signature                  ~ :;{ ;;z:'                ~-"'-">-•



                                                                              Gail A. Kundinger, City Clerk
                                                                                                 Liquor License Coordinator
                                                                            /0-   /-OJ




             LIQUOR LICENSE REVIEW FORM

Business Name:                              S:free   r

AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __

Operator/Manager's Name:

Business Address:               II 1/ 7

Reason for Review:
·New Lfoense · D    ..    Transfer of Ownership      J:0" .Dance Permit 0
Drop/Add Name on License          D·                                 D
                                                      Transfer Location

Drop/Addi Stockholder Name        D         New Entertainment Permit D

Other

Deadline for receipt of all information: _.L....;/(}:::.__·_-;__
                                                              /(_-_o_J_ _ _ __

Police Department Approved        D Denied D         No Action Needed      D
Income Tax            Approved    • Owing D         Amount:

Treasurer             Approved
                                  •   Owing     D   Amount:

Zoning               Approved     •   Denied    •·  Pending ZBA       •
Clerk' s             Approve~ Owing             •    Amount:

Fire/Inspection     Compliance    D   Remaining Defects
 Services




Department Signature      A{t, .__, 1--ei,,. d4J
                                            _Gail A. Kundinger, City Clerk
                                            ·            Liquor License Coordinator
                                                                                  /0 - /-0j
/
                  LIQUOR LICENSE REVIEW FORM

      Business Name:

      AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __

      Operator/Manager's Name:

     Business Address:             II   z".   9

     Reason for Review:
    · · New License · D       Transfer of Ownership       %     Dance Permit         0
     Drop/Add Name on License          D·                                  O
                                                           Transfer Location

     Drop/Add Stockholder Name         D          New Entertainment Permit D

     Other

     Deadline for receipt of all information: _,_;/()'---'-/_t_-_o_J_____

     Police Department Approved        D Denied D         No Action Needed       D
     Income Tax            Approved    • Owing D          Amount:

     Treasurer             Approved
                                    •         Owing   D   Amount:

     Zoning                Approved •         Denied D · PendingZBA         •.
     Clerk's               Approved
                                    •         Owing   •   Amount:

     Fure/Inspection      Compliance   ~      Remaining Defects
      Services




                                                  Gail A. Kundinger, City Clerk
                                                           ·   Liquor License Coordinator
                                  INCIDENT LIST:
Agcy Case#             Offense           Rpt Date     Location
MUPD   2001-000969-I   TRESPASS          01/13/2001   1149    WOOD
MUPD   2001-003808-I   ROBBERY           02/21/2001   1149    WOOD   ST
MUPD   2001-004321-I   DISORDERLY COND   03/01/2001   1149    WOOD   ST
MUPD   2001-004842-I   DISORDERLY COND   03/08/2001   1149    WOOD   ST
MUPD   2001-004917-I   LARCENY - OTHER   03/09/2001   1149    WOOD   ST
MUPD   2001-006968-I   SEXUAL CONTACT    04/03/2001   1149    WOOD
MUPD   2001-007050-I   DISORDERLY COND   04/04/2001   1149    WOOD
MUPD   2001-007319-I   FORGERY/COUNTER   04/07/2001   11.49   WOOD
MUPD   2001-007614-I   SUSPICIOUS SITU   04/10/2001   1149    WOOD
MUPD   2001-007975-I   DISORDERLY COND   04/14/2001   1149    WOOD
MUPD   2001-008886-I   GENERAL ASSISTA   04/23/2001   1149    WOOD
MUPD   2001-009009-I   CIVIL MATTER DI   04/25/2001   1149    WOOD   ST
MUPD   2001-009255-I   GENERAL ASSISTA   04/27/2001   1149    WOOD
MUPD   2001-009757-I   SUSPICIOUS SITU   05/02/2001   1149    WOOD
MUPD   2001-009790-I   MISCELLANEOUS C   05/02/2001   1149    WOOD
MUPD   2001-010181-I   PUBLIC PEACE -    05/06/2001   1149    WOOD   ST
MUPD   2001-010416-I   MISDEMEANOR TRA   05/09/2001   1149    WOOD   ST
MUPD   2001-010424-I   CIVIL MATTER DI   05/09/2001   1149    WOOD
MUPD   2001-013689-I   GENERAL ASSISTA   06/10/2001   1149    WOOD   ST
MUPD   2001-013776-I   MISDEMEANOR TRA   06/11/2001   1149    WOOD   ST
MUPD   2001-013777-I   MISDEMEANOR TRA   06/11/2001   1149    WOOD   ST
MUPD   2001-013930-I   CIVIL MATTER DI   06/12/2001   1149    WOOD
MUPD   2001-013941-I   RETAIL FRAUD -    06/12/2001   1149    WOOD
MUPD   2001-016398-I   TRESPASS          07/04/2001   1149    WOOD   ST
MUPD   2001-016681-I   TRESPASS          07/07/2001   1149    WOOD   ST
MUPD   2001-019068-I   RETAIL FRAUD -    07/29/2001   1149    WOOD   ST
MUPD   2001-019621-I   NON-AGGRAVATED    08/03/2001   1149    WOOD
MUPD   2001-021872-I   RETAIL FRAUD -    08/27/2001   1149    WOOD
MUPD
MUPD
       2001-022411-I
       2001-023136-I
                       CIVIL MATTER DI
                       NON-AGGRAVATED
                                         09/02/2001
                                         09/10/2001
                                                      1149
                                                      1149
                                                              WOOD
                                                              WOOD
                                                                     ST
                                                                     ST
                                                                          @




                        '·'•
                         1g;;,'
••
                                      INCIDENT LIST:
     Agcy Case#             Offense           Rpt Date     Location
     MUPD   2000-000162-I   DISORDERLY COND   01/02/2000   1149   WOOD
     MUPD   2000-000255-I   CIVIL MATTER DI   01/03/2000   1149   WOOD
     MUPD   2000-000256-I   DISORDERLY PERS   01/03/2000   1149   WOOD
     MUPD   2000-000732-I   DISORDERLY COND   01/08/2000   1149   WOOD   ST
     MUPD   2000-000831-I   DISORDERLY PERS   01/09/2000   1149   WOOD
     MUPD   2000-000890-I   UNAUTHORIZED DU   01/10/2000   1149   WOOD   ST
     MUPD   2000-000930-I   DISORDERLY PERS   01/10/2000   1149   WOOD
     MUPD   2000-001460-I   INTIMIDATION/ST   01/16/2000   1149   WOOD
     MUPD   2000-002278-I   CONSUMP/ALCOHOL   01/26/2000   1149   WOOD
     MUPD   2000-002720-I   DISORDERLY PERS   02/01/2000   1149   WOOD
     MUPD   2000-003119-I   DISORDERLY COND   02/06/2000   1149   WOOD
     MUPD   2000-003123-I   IMPOUND OF VEHI   02/06/2000   1149   WOOD
     MUPD   2000-003366-I   CIVIL MATTER DI   02/09/2000   1149   WOOD
     MUPD   2000-004427-I   DISORDERLY COND   02/21/2000   1149   WOOD
     MUPD   2000-004529-I   DISORDERLY PERS   02/22/2000   1149   WOOD
     MUPD   2000-004614-I   DISORDERLY COND   02/23/2000   1149   WOOD
     MUPD   2000-005102-I   DISORDERLY COND   02/28/2000   1149   WOOD
     MUPD   2000-005126-I   DISORDERLY COND   02/28/2000   1149   WOOD
     MUPD   2000-005186-I   GENERAL NON-CRI   02/29/2000   1149   WOOD
     MUPD   2000-005486-I   GENERAL ASSISTA   03/03/2000   1149   WOOD
     MUPD   2000-005499-I   IMPOUND OF VEHI   03/03/2000   1149   WOOD
     MUPD   2000-005533-I   HEALTH AND SAFE   03/03/2000   1149   WOOD
     MUPD   2000-006715-I   LARCENY - OTHER   03/15/2000   1149   WOOD   ST
     MUPD   2000-006985-I   DISORDERLY COND   03/18/2000   1149   WOOD
     MUPD   2000-007008-I   GENERAL ASSISTA   03/18/2000   1149   WOOD
     MUPD   2000-007283-I   IMPOUND OF VEHI   03/21/2000   1149   WOOD
     MUPD   2000-007804-I   SUSPICIOUS SITU   03/27/2000   1149   WOOD
     MUPD   2000-008263-I   GENERAL ASSISTA   04/01/2000   1149   WOOD
     MUPD   2000-008477-I   GENERAL ASSISTA   04/03/2000   1149   WOOD
     MUPD   2000-008560-I   MISDEMEANOR TRA   04/04/2000   1149   WOOD   ST
                                                           1149   WOOD
     MUPD
     MUPD
            2000-009067-I
            2000-009234-I
                            DISORDERLY COND
                            GENERAL ASSISTA
                                              04/09/2000
                                              04/11/2000   1149   WOOD        (§)
     MUPD   2000-009525-I   GENERAL ASSISTA   04/14/2000   1149   WOOD
     MUPD   2000-009565-I   GENERAL ASSISTA   04/14/2000   1149   WOOD   ST
     MUPD   2000-009648-I   GENERAL ASSISTA   04/15/2000   1149   WOOD   ST
     MUPD   2000-010388-I   GENERAL ASSISTA   04/22/2000   1149   WOOD
     MUPD   2000-010568-I   GENERAL ASSISTA   04/24/2000   1149   WOOD
     MUPD   2000-010673-I   GENERAL ASSISTA   04/25/2000   1149   WOOD
     MUPD   2000-010697-I   GENERAL ASSISTA   04/25/2000   1149   WOOD   ST
     MUPD   2000-010817-I   LARCENY - OTHER   04/26/2000   1149   WOOD
     MUPD   2000-010885-I   GENERAL ASSISTA   04/27/2000   1149   WOOD
     MUPD   2000-010897-I   GENERAL ASSISTA   04/27/2000   1149   WOOD
     MUPD   2000-011381-I   GENERAL ASSISTA   05/02/2000   1149   WOOD   ST
     MUPD   2000-011523-I   NON-AGGRAVATED    05/03/2000   1149   WOOD
     MUPD   2000-012299-I   DISORDERLY COND   05/10/2000   1149   WOOD   ST
     MUPD   2000-012718-I   DAMAGE TO PROPE   05/14/2000   1149   WOOD
     MUPD   2000-013308-I   GENERAL ASSISTA   05/20/2000   1149   WOOD
     MUPD   2000-013431-I   CIVIL MATTER DI   05/21/2000   1149   WOOD
     MUPD   2000-013645-I   SUSPICIOUS SITU   05/23/2000   1149   WOOD
     MUPD   2000-013779-I   SUSPICIOUS SITU   05/24/2000   1149   WOOD
     MUPD   2000-015077-I   SUSPICIOUS SITU   06/05/2000   1149   WOOD
     MUPD   2000-015373-I   VIOLATION OF CO   06/08/2000   1149   WOOD
     MUPD   2000-015500-I   GENERAL ASSISTA   06/09/2000   1149   WOOD
     MUPD   2000-015797-I   MISCELLANEOUS C   06/12/2000   1149   WOOD
     MUPD   2000-016487-I   DAMAGE TO PROPE   06/18/2000   1149   WOOD
.,.
                                       INCIDENT LIST:
      Agcy Case#             Offense           Rpt Date     Location
      MUPD   2000-016747-I   PUBLIC PEACE -    06/20/2000   1149   WOOD   ST
      MUPD   2000-016842-I   NON-AGGRAVATED    06/21/2000   1149   WOOD
      MUPD   2000-017226-I   DISORDERLY PERS   06/24/2000   1149   WOOD
      MUPD   2000-017241-I   DISORDERLY COND   06/24/2000   1149   WOOD
      MUPD   2000-017899-I   TRESPASS          06/30/2000   1149   WOOD
      MUPD   2000-018137-I   TRESPASS          07/02/2000   1149   WOOD
      MUPD   2000-018293-I   TRESPASS          07/03/2000   1149   WOOD
      MUPD   2000-019000-I   GENERAL ASSISTA   07/09/2000   1149   WOOD
      MUPD   2000-019168-I   GENERAL NON-CRI   07/10/2000   1149   WOOD
      MUPD   2000-019676-I   DISORDERLY COND   07/14/2000   1149   WOOD
      MUPD   2000-019867-I   GENERAL ASSISTA   07/16/2000   1149   WOOD
      MUPD   2000-020090-I   SUSPICIOUS SITU   07/18/2000   1149   WOOD   ST
      MUPD   2000-020261-I   SUSPICIOUS SITU   07/19/2000   1149   WOOD
      MUPD   2000-021188-I   ROBBERY           07/27/2000   1149   WOOD
      MUPD   2000-021426-I   PUBLIC PEACE -    07/29/2000   1149   WOOD
      MUPD   2000-021817-I   DISORDERLY COND   08/02/2000   1149   WOOD
      MUPD   2000-021826-I   DISORDERLY COND   08/02/2000   1149   WOOD   ST
      MUPD   2000-022022-I   SUSPICIOUS SITU   08/04/2000   1149   WOOD
      MUPD   2000-023037-I   PURCHASE CONSUM   08/13/2000   1149   WOOD
      MUPD   2000-023273-I   PUBLIC PEACE -    08/15/2000   1149   WOOD
      MUPD   2000-023522-I   GENERAL ASSISTA   08/17/2000   1149   WOOD
      MUPD   2000-023626-I   DISORDERLY COND   08/18/2000   1149   WOOD
      MUPD   2000-025737-I   NON-AGGRAVATED    09/07/2000   1149   WOOD
      MUPD   2000-025743-I   TRESPASS          09/07/2000   1149   WOOD
      MUPD   2000-026037-I   LARCENY - OTHER   09/10/2000   1149   WOOD
      MUPD   2000-027047-I   FORGERY/COUNTER   09/21/2000   1149   WOOD   ST
      MUPD   2000-027262-I   PUBLIC PEACE -    09/23/2000   1149   WOOD   ST
      MUPD   2000-027271-I   DAMAGE TO PROPE   09/23/2000   1149   WOOD
      MUPD   2000-027839-I   PUBLIC PEACE -    09/29/2000   1149   WOOD
      MUPD   2000-028023-I   DISORDERLY COND   10/01/2000   1149   WOOD
      MUPD   2000-028598-I   PUBLIC PEACE -    10/07/2000   1149   WOOD
      MUPD   2000-029100-I   GENERAL NON-CRI   10/12/2000   1149   WOOD
      MUPD   2000-029421-I   WEAPONS OFFENSE   10/16/2000   1149   WOOD   ST
      MUPD   2000-031261-I   PUBLIC PEACE -    11/05/2000   1149   WOOD   ST
      MUPD   2000-032561-I   DISORDERLY COND   11/22/2000   1149   WOOD
      MUPD   2000-032697-I   DISORDERLY COND   11/24/2000   1149   WOOD
      MUPD   2000-032864-I   IMPOUND OF VEHI   11/27/2000   1149   WOOD   ST
      MUPD   2000-033238-I   VIOLATION OF CO   12/01/2000   1149   WOOD
                                 INCIDENT LIST:
Agcy Case#             Offense           Rpt Date     Location
MUPD   1999-000580-I   SUSPICIOUS SITU   01/08/1999   1149   WOOD
MUPD   1999-001089-I   DAMAGE TO PROPE   01/14/1999   1149   WOOD
MUPD   1999-001240-I   DISORDERLY COND   01/16/1999   1149   WOOD
MUPD   1999-001321-I   NON-AGGRAVATED    01/17/1999   1149   WOOD
MUPD   1999-001361-I   TRESPASS          01/18/1999   1149   WOOD
MUPD   1999-001586-I   DISORDERLY COND   01/21/1999   1149   WOOD
MUPD   1999-001683-I   TRESPASS          01/22/1999   1149   WOOD
MUPD   1999-001769-I   TRESPASS          01/23/1999   1149   WOOD
MUPD   1999-001811-I   DISORDERLY COND   01/24/1999   1149   WOOD
MUPD   1999-001828-I   DISORDERLY PERS   01/24/1999   1149   WOOD
MUPD   1999-001890-I   DISORDERLY COND   01/25/1999   1149   WOOD
MUPD   1999-002123-I   VIOLATION OF CO   01/28/1999   1149   WOOD   ST
MUPD   1999-002225-I   DISORDERLY COND   01/29/1999   1149   WOOD
MUPD   1999-002302-I   DISORDERLY COND   01/30/1999   1149   WOOD   ST
MUPD   1999-002429-I   DISORDERLY COND   02/01/1999   1149   WOOD
MUPD   1999-002497-I   DISORDERLY COND   02/02/1999   1149   WOOD
MUPD   1999-002677-I   DISORDERLY PERS   02/04/1999   1149   WOOD
MUPD   1999-002880-I   TRESPASS          02/07/1999   1149   WOOD   ST
MUPD   1999-002979-I   DISORDERLY COND   02/08/1999   1149   WOOD
MUPD   1999-003355-I   TRESPASS          02/13/1999   1149   WOOD
MUPD   1999-003629-I   FORGERY/COUNTER   02/17/1999   1149   WOOD   ST
MUPD   1999-003649-I   BAD REPORT#       02/17/1999   1149   WOOD   ST
MUPD   1999-003835-I   DISORDERLY PERS   02/19/1999   1149   WOOD
MUPD   1999-004034-I   GENERAL NON-CRI   02/22/1999   1149   WOOD   ST
MUPD   1999-004235-I   DISORDERLY COND   02/24/1999   1149   WOOD
MUPD   1999-004410-I   GENERAL ASSISTA   02/26/1999   1149   WOOD
MUPD   1999-005108-I   DISORDERLY PERS   03/08/1999   1149   WOOD
MUPD   1999-005422-I   DISORDERLY PERS   03/12/1999   1149   WOOD
MUPD   1999-005973-I   DISORDERLY PERS   03/19/1999   1149   WOOD
MUPD   1999-006478-I   VIOLATION OF CO   03/26/1999   1149   WOOD   ST
MUPD   1999-006912-I   LARCENY - OTHER   03/31/1999   1149   WOOD
MUPD   1999-006958-I   DISORDERLY COND   03/31/1999   1149   WOOD
MUPD   1999-007120-I   THROW OBJECTS A   04/02/1999   1149   WOOD
MUPD   1999-008192-I   DISORDERLY COND   04/14/1999   1149   WOOD
MUPD   1999-008202-I   DISORDERLY COND   04/14/1999   1149   WOOD
MUPD   1999-008325-I   MOTOR VEHICLE T   04/15/1999   1149   WOOD
MUPD   1999-008714-I   ROBBERY           04/19/1999   1149   WOOD
MUPD   1999-008780-I   DISORDERLY COND   04/20/1999   1149   WOOD
MUPD   1999-008910-I   FAMILY - OTHER    04/21/1999   1149   WOOD
MUPD   1999-009192-I   DISORDERLY PERS   04/24/1999   1149   WOOD
MUPD   1999-009465-I   DISORDERLY COND   04/27/1999   1149   WOOD
MUPD   1999-009706-I   DISORDERLY PERS   04/30/1999   1149   WOOD
MUPD   1999-009745-I   DISORDERLY PERS   04/30/1999   1149   WOOD
MUPD
MUPD
MUPD
       1999-010008-I
       1999-010111-I
       1999-010197-I
                       DRUNKENNESS - E
                       DISORDERLY COND
                       OBEDIENCE-SIGN/
                                         05/03/1999
                                         05/04/1999
                                         05/05/1999
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l/ll'i/01
                                                  1"                                    n .. - ... 1-----   ,-1.,..,..
                  BARCLAY, SHERMAN TO HACKLEY
                MAYOR'S ENDORSEMENT AND WARRANT


I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUsKE:ooN, HEREBY ENDORSE

THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY

TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE,


                                CITY OF MUSKEGON


                                BY ~¾J.~ ~
                    AFFIDAVIT OF MAILING BY CITY CLERK

  STATE OF MICHIGAN                 )
                                    ) ss
  COUNTY OF MUSKEGON)


  GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
  THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
  HEARING HELD ON THE 13 TH DAY OF NOVEMBER, 2001 THE CITY
  COMMISSION ADOPTED A RESOLUTION CONFIRMING THE ROLL FOR THE
  FOLLOWING SPECIAL ASSESSMENT DISTRICT: · ·.

              H-1321 Barclay Street, Sherman Avenue to Hackley Avenue.

     A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
· .. MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
     IN THE CITY OF MUSKEGON, ON NOVEMBER 3, 2001.

  DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
  UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
  ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
  UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
  BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
  UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
  SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
  LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
  UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OFN VEMBER 2001.




  SUBSCRIBED At"l'D SWORN TO BEFORE ME THIS
   \St½ DAY OF D D\J~M..;,            , 2001.

      ~   Q   a.....____ h,__   L   ~>
          PUBLIC, MUSKEGON COUNTY, MICHIGAN
                                                   sJ'.<:
  MY COMMISSION EXPIRES                    '5- l's o S,



                                                                  JOANN M. KRUKOWSKI
                                                                  Notary Public. Michigan
                                                                   Muskegon County
                                                            My Commiashrn E)(f)iros Mlly 13, 2005
                                              CITY OF MUSKEGON
                                          NOTICE OF PUBLIC HEARINGS
                                        SPECIAL ASSESSMENT DISTRICTS

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City
Commission for the following projects:


                                         Sherman, Glenside to Lincoln &
                                          Barclay, Sherman to Hackley

The location of the special assessment districts and the properties proposed to be assessed are:

•    All parcels abutting the north ROW of Sherman Boulevard from the west ROW line of
     Lincoln to 280' west of the Centerline of Wickham Drive and from 3 I 5' east of the
     centerline of Wickham Drive to 326' west of the centerline ofG!enside Boulevard.
                                                  &
• All properties abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to
                                the south ROW line of Hackley Avenue
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON NOVEMBER
13, 2001 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in
writing at or before the hearing, the improvement shall not be made unless the City Commission determines by
affirmative vote of all its members that the safety or health of the public necessitates the improvement.

PUBLISH:          NOVEMBER 3, 2001                          Gail Kundinger, City Clerk
                                                   ADA POLICY

The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
                                            Gail A. Kundinger, City Clerk
                                       933 Terrace Street, Muskegon, Ml 49440
                                       (231) 724-6705 or TDD (23 l) 724-6773
AMrmatlve Action
(231)724-6703
FAX: (231)722-1214

Ane1sor/Equ11lnt1on
(231)724-6708
FAX: (231)726-5181

Cemetery Dep1rtment    NOVEMBER 2, 2001
(231 )724-6783
FAX: (231)726-5617

City M•n•a:er
(231)724-672<          OWNER                        West Michigan's Shoreline City
FAX: (231)722-1214     OWNER ADDRESS
Civil Service
                       OWNER CITY, STATE         ZIPCODE
(231)724-6716
FAX: (231)724-4405

Clerk
(231)724-6705
FAX: (231)7244178

Community and
                       Property Parcel Number: XX-XXX-XX.X-XXXX-XX at STREET ADDRESS
 Nel&h, Servtce1
(231)724-6717
FAX: (231)726-2501
                         NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Computer Info,
 Systems
(231)724-6744          Dear Property Owner:
FAX: (231)721-4301
                       The Muskegon City Commission has previously approved the project described below and will now
 Engineering Dept.
(231)724-6707
                       consider final confirmation of the special assessment roll:
FAX: (231)727-6904
                                                  Barclay Street, Sherman Avenue to Hackley Avenue.
 Finance DepL
 (231)724-6713
 FAX: (231)724-6768                                                  Public Hearings
 Ftre Department
 (231 )724-6792
                       A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
 FAX: (231)724--6985   November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
                       in writing to express your opinion, approval, or objection concerning the special assessment. Written
 Income Tax
                       appearances or objections must be made at or prior to the hearing.
 (231 )724-6770
 FAX: (231)724-6768
                       YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
 Inspection Services   EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
 (231)724-6715
 FAX: (231)728-4371    CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
                       CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
 Lebure Servket        UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
 (23 I )724-6704
 FAX: (231)724--IJ96   BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
                       BE LOST.
 M•yor's Office
 (231)724-6701
 FAX: (211)722-1214

  Pl1nnlng/Zonln&      The final projected cost of the street improvement portion of the project is $596,000 of which $143,210.74
 (231 )724-6702
 FAX: (231)72U790
                       (23.5%) will be paid by special assessment to property owners. If the special assessment is confirmed,
                       your property will be assessed $XXXX.XX based on 95 feet assessable front footage at $36.35 per
  Police Deptartment   assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway
  (2]1)724-6750        approach and/or sidewalk improvements made to your property for a total special assessment cost of
  FAX: (231)722-5140
                       $XXXX.XX. Following are the terms of the special assessment:
  Public Works ~pt.
  (231)724-4100                                          Assessment Period: Ten (10) Years
  FAX: (211)722-4188
                                                            Interest Rate: 5% per year
  Tre11urer's Office                                         First Installment: $XXX.XX
  (231)724-6720                                             Due Date: January 13, 2002
  FAX: (231)714-6768

  W•ter BUUne Dept.
  (231 )714-6718
  FAX: (231)714-6768

  Wattr Ftltradon
  (231)724-4106
  FAX: (231)755-5290         City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                                        www.shorelinecity.com
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

 PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
 HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
 LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
 PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
 WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
 INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

 If you have any specific questions about the work done please call the Engineering
 Department at 231- 724-6707 before the hearing date.

Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .




;;Lt'J Ml
Mohammed AI-Shatel, P.E.
City Engineer




Enclosures
                      Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other publi
improvements may pay their assessment in the following ways:                                                 c
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

       Street and Alley Assessments-Ten (10) years equal annual principal payments. For example if the
       amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest 'as
       described below.

       Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
       plus applicable interest as described below.

       Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
       to complete the project for which you are assessed and has pledged you assessments for repayment 01
       the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
       must pay on the borrowed money plus 1.00%.

Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

   •   Be 65 years or older or be totally or permanently disabled.

   •   Have been a Michigan resident for five (5) years or more and have owned and occupied the homesteac
       being assessed for five (5) years or more.

   •   Be a citizen of the U.S.

   •   Have a total household income not in excess of $16,823.00

   •   Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.

IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessors
Office in City Hall.

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                    CITY OF MUSKEGON - H-1321
                                  BARCLAY, SHERMAN TO HACKLEY
                       CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT


Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:._ _ _ _ _ _ _-"Social Security# _ . _ ._ _
Spouse:
                                                -------- Birthdate:
                                                                Social Security #
                                                                                  - -
                                                                                    •
                                                                                      -•
                                                                                         -
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:._ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __

Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)

Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name  ----------------Birthdate- - - - - - - -Social Security# - -•-                                               •--
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _Social Security# _ _•_ _•_ _
Name                                Birthdate                     _______
                                                          ___;Social Security# - -•                           --•- -
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ ____;




ANNUAL Household Income:                                $_ _ __
                                                                        Wage earner:
(Must include all household income)
                                                                        Wage earner:

                                                                        Wage earner:

                                                                        Wage earner:

                                           Total:     $_ _ _ __




Proof Of Ownership:       ( ) Deed       ( ) Mortgage      ( ) Land Contract

Homeowner's Insurance Co:
                               -------------- Expiration Date:_ _ __
Property Taxes: ( ) Current ( ) Delinquent                    Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)



Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verities he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed. DEADLINE FOR APPLICATION NOVEMBER 16, 2001.
                   \i:4&!."!t.::,~:~~ ;..:~QR.PW~V.£~9.®X.'.L'i..i;-1'                                     ~lt.~.
APPROVED (            DENIED ( )         DA TE _ _ _ _ CENSUS TRACT NO. _ _

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __                              TITLE _ _ _ _ _ _ _ _ _ _ _ _ __


COMMENTS/REMARKS
                                                **ATTENTION APPLICANT**
      Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                                                    RECE/V
                                        CITY OF MUSKEGON                            CITY OF MUSKEC>~
                                                                                           ' " ",,
                                                                                         -.1,i,, ' ) .,
                                                                                                     ' ]LDC!
                                                                                                        '
                                     Resolution No. 2001-9(a)


                 Resolution At First Hearing Creating Special Assessment District
 For Barclay Street 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley
                                                 Avenue
                       Location and Description of Properties to be Assessed:
                             See Exhibit A attached to this resolution


RECITALS:

1.      A hearing has been held on January 23, 2001 at 5 :30 o'clock p.m. at the City
        Commission Chambers. Notice was given by mail and publication as required by
        law.

2.      That estimates of costs of the project, a feasibility report and valuation and benefit
        information are on file with the City and have been reviewed for this hearing.

3.      At the hearing held January 23, 2001, there were 32. 10% objections by the owners of
        the property in the district registered at the hearing either in writing received before or at
        the hearing or by owners or agents present at the hearing, and the Commission has
        considered the advisability of proceeding with the project.

FINDINGS:

1.      The City Commission has examined the estimates of cost to construct the project
        including all assessable expenses and determines them to be reasonable.

2.     The City Commission has considered the value of the property to be assessed and the
       value of the benefit to be received by each property proposed to be assessed in the district
       after the improvements have been made. The City Commission determines that the
       assessments of costs of the City project will enhance the value of the properties to be
       assessed in an amount at least equivalent to the assessment and that the improvement
       thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.     The City Commission hereby declares a special assessment district to include the
       property set forth in Exhibit A attached to this resolution.

2.     The City Commission determines to proceed with the improvements as set forth in the
       feasibility study and estimates of costs, and directs the City Engineer to proceed with
       project design, preparation of specifications and the bidding process. If appropriate and
       if bonds are to be sold for the purposes of financing the improvements, the Finance
       Department shall prepare plans for financing including submission of application to the
       Michigan Department of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
        Commissioners        Benedict                          and Schweifler
        and the City Assessor who are hereby directed to prepare an assessment roll.
        Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.23% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes._---=B-=e:..:.n.:.ed"-1""·c""t'-1'_,_,_N.:. .ie,,_l'-'s"'e"'n.,_,_S::.;c""h""'w""e'-'i'-'-f-'1-"e.:...r.,_,--'S""h""e"'p:..:.h=.er'-'d"-'' --"S-'-i.:.er'-'a"-'d=-=z"-k'-'i___,_,---=S"-p"-at;:.:a:c.r-=o"-'--
                      As l ak son

       Nays._ _:.:Nc.::o:..:.n.:.e__________________________



                                                                                                                                   CITY OF MUSKEGON



                                                                                                                                                Gail A. Kundinger, Cler


                                                                          ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on January 23, 2001.
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--=,eul==--....:....:Q__:_:·                   L..:....=:..::..:.=~__:__~-
                                                                                                                          Gail A. Kundinger, Clerk
                 AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN         )
                          ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 23 RD DAY OF JANUARY, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:

 All parcels abutting Barclay Street 90' north of the north ROW line of Sherman
               Avenue to the south ROW line of Hackley Avenue.

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON JANUARY 13, 2001.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON TPE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TA.,'{ ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECC:PTACLE ON THE 12 TH DAY OF J    ARY 2001.

                                                ~
                                          GAIL A. KUNDINGER, CITY       LERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 dYf). DAY OF ~~                 , 2001.


~BL~~GONCOUNTY, MICHIGAN

MY COMMISSION EXPIRES            7-oZ, )--o   :2...
                                                             H-1321                        HEARING DATE NOVEMBER 13, 2001

                                  Barclay Street, Sherman Avenue to Hackley Avenue.

                                            SPECIAL ASSESSMENT ROLL
                                                                                                                     DRAPP
PARCEL               @                  OWNER                      MAILING ADDRESS                        PAVING      /SW             TOTAL

24-036-400-0016-00       0 BARCLAYST    BARCLAY CO LLC       2003 FOREST GLEN D MUSKEGON   Ml 49441     $12,246.32     $0.00   $12,246.32

24-036-400-0004-00   1061 HACKLEY AVE   HEALTH CARE & RET    333 N SUMMIT ST PO TOLEDO     OH 43699-0 $16,357.50       $0.00   $16,357.50

24-830-000-0023-00   1101 HACKLEY AVE   VELA JONES LLC       1101 WHACKLEY AVE MUSKEGON    Ml 49441      $2,427.09     $0.00    $2,427.00

24-036-400-0018-00   1106 SHERMAN BLV   LANGLOIS DUANE M     760 BROOKRIDGE DR MUSKEGON    Ml 49441-5    $2,617.20     $0.00    $2,617.20

24-831-000-0024-00   2261 BARCLAY ST    KENT THOMAS C        2264 VINCENT RD   MUSKEGON    Ml 49441      $2,647.37     $0.00    $2,647.00

24-831-000-0026-00   2274 VINCENT DR    ALLARD KA/HOP!'i1A B 2274 VINCENT RD   MUSKEGON    Ml 49441      $3,453.25     $0.00    $3,453.00

24-831-000°0027-10   2281 BARCLAY ST    SOHASKY FRANK J      2281 BARCLAY      MUSKEGON    Ml 49441      $3,453.25     $0.00    $3,453.00

24-831-000-0028-10   2297 BARCLAY ST    MACDONALD JOHN F     2297 BARCLAY      MUSKEGON    Ml 49441      $3,453.25     $0.00    $3,453.00

24-036-400-0005-00   2300 BARCLAY ST    PIONEER ARBOUR IN    1145 E WESLEY     MUSKEGON    Ml 49442-0    $9,087.50     $0.00    $9,088.00

24-831-000-0029-00   2314 VINCENT DR    AARDEMA WANDA        2314 VINCENT RD   MUSKEGON    Ml 49441      $3,635.00     $0.00    $3,635.00

24-036-400-0006-00   2330 BARCLAY ST    LOYAL ORDER/MOOS     2330 BARCLAY STRE MUSKEGON    Ml 49441     $21,913.60     $0.00   $21,913.60

24-831-000-0030-00   2330 VINCENT DR    BIALIK DAVID/SUSAN   2330 VINCENT RD   MUSKEGON    Ml 49441      $4,458.33     $0.00    $4,458.00

24-831-000-0031-00   2344 VINCENT DR    SIMPSON PATRICK US 2344 VINCENT        MUSKEGON    Ml 49441      $4,434.70     $0.00    $4,435.00

24-831-000-0032-00   2356 VINCENT DR    KMIECIK WANDA K      2356 VINCENT DR   MUSKEGON    Ml 49441      $4,125.73     $0.00    $4,126.00

24-831-000-0033-00   2375 BARCLAY ST    FRITZEMEIER MIRIAM/ 2375 BARCLAY       MUSKEGON    Ml 49441      $3,713.15   $670.34    $4,383.49

24-831-000-0035-00   2391 BARCLAY ST    MEYER PATRICIA A     2391 BARCLAY      MUSKEGON    Ml 49441     $3,713.15    $434.47    $4,147.62

24-036-400-0014-00   2495 BARCLAY ST    KLING THADDEUS JR    730 BRIDGEVIEW BAY MUSKEGON   Ml 49441-0 $17,284.43       $0.00   $17,284.43

24-036-400-0017-00   2544 BARCLAY ST    LANGLOIS DUANE M     760 BROOKRIDGE DR MUSKEGON    Ml 49441-5 $16,884.58      $0.00    $16,885.00


                                                                                                                        P~ne 1 nf ?
                                                         H-1321                                       HEARING DATC NO'•'EMBER 13,200 I

                                  Barclay Street, Sherman Avenue to Hackley Avenue.                                          0~~~. ?-00\


                                           SPECIAL ASSESSMENT ROLL
                                                                                                                               DRAPP
PARCEL                @                 OWNER                      MAILING ADDRESS                                 PAVING        /SW          TOTAL

24-036-400-0015-00    2585 BARCLAY ST   BARCLAY PROPERTIE 3380 GLADE ST                MUSKEGON H Ml 49444        $6,200.58       $0.00     $6,200.58


                     TOTALS.                                                                                   $142,105.97    $1,104.81   143,210.74

                                                                 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT


                                                      BOARD OF ASSESSORS


                                                                            ~
                                            CLIFF TURNER, DIRECTOR.COUNTY EQUALIZATION
                                                                                                 / c7~,3:P-c7/
                                                                                                     DATE


                                           o~:;f:;a_~                                             /c,-23-0/
                                                                                                     DATE

                                         ( t<';U-t2~ . .M..
                                          ~NEDICT .          .   . ····~·C····l·TY······
                                                                              . ...... _''-,L.    /o-z3-cJ I
                                                                                                     DATE
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          November 13, 2001

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Sherman, Glenside to Lincoln




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment roll for Sherman,
Glenside to Lincoln, and to adopt the attached resolution confirming the special assessment
roll.


FINANCIAL IMPACT:

A total of$85,268.84 would be spread against the sixty-five (65) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                      CITY OF MUSKEGON

                               Resolution No. ---"-20,;:0e..1.!...-_1'-"3'-'1.,__(b"-"-)


                       Resolution Confirming Special Assessment Roll

   For North R-O-W of Sherman Blvd. from.the west R-O-W line of Lincoln to 280' west of the
Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of
                                the centerline of Glenside Blvd


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on January 23, 2001, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the roll filed before or at the hearing.

THEREFORE, BE IT RESOLVED:

I.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten(! 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per aunum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

     FOR North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the
Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of
                                the centerline of Glenside Blvd
Continued...



3.       The Clerk is directed to endorse the certificate of this confirmation resolution and the
         Mayor may endorse or attach his warrant bearing the date of this resolution which is the
         date of confirmation.

This resolution passed.

Ayes:     Buie , Nielsen, Schweifler, Shepherd, Spataro , Asla kson, Benedict



Nays:     None



                                                            _ City of~uo/egon

                                               By_+=~~~:e.....: . . ~~=~~=i..~....L-
                                                                    ..:
                                                    Gail A. Kundi nger, Ci t y


                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 13, 2001.
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.

Further, I hereby certify that the special assessment roll referred to in this resolution Was
confirmed on this date, being November 13, 2001.
                                              EXHIBIT A


                          SHERMAN, GLENSIDE TO LINCOLN

                              SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of THE North R-O-W of S.herman Blvd. from the west R-O-W line
of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham
          Drive to 326' west of the centerline of Glenside Blvd.Morton, Torrent to Bourdon.
PROPOSED SPECIAL ASSESSMENT DISTRICT




                                       •
North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the Centerline
   of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the
                                centerline of Glenside Blvd ..

                      MAYOR'S ENDORSEMENT AND WARRANT


I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE

THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY

TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.


                                           CITY OF MUSKEGON

                                           BY FRED
                                              ~    ~~
                                                   ~ S E N, MAYOR
               AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN       )
                        ) ss
COUNTY OF MUSKEGON)


GAIL A KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERI( OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 13 TH DAY OF NOVEMBER, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE ROLL FOR THE
FOLLOWING SPECIAL ASSESSMENT DISTRICT: ·. ·.

      H-1517 Sherman Boulevard, Lincoln Street to Glenside Boulevard.

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON NOVEMBER 3, 2001.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO .EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OFN VEMBER 2001.

                                                       , a_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
 \~'¼ DAY OF Q ~                 , 2001.

NO~ ~' J b ~ ~ g - -
                   UN~                  , MICHIGAN

MY COMMISSION EXPIRES          5 - \ ~ {)'5'


                                                             I .:.-
                                           •:   :- ,   ,.,                   dl'lY
                                                · · · ·· : m r·· ' · _., ~"µ ,res May 13, 2005
I
AfOrmallve Action
(231)724-6703
FAX: (231)722-1214

Asses~or/Equallntlon
(231 )724-6708
FAX: (231)726--5181

Cemetery Department
(231)724-6783           November 2, 2001
FAX: (231)726--5617

City Manager
(231)724-6724                                         West Michigan's Shoreline City
FAX: (231)722-1214

CMI Service
(231 )724-6716
FAX: (231)7244405
                        OWNER
Clerk                   OWNER ADDRESS
(231)724-6705           OWNER CITY, STATE, ZIPCODE
FAX: (231)7244178

Community and
  Neigh. Services
(231 )724-6717
FAX: (231)726-2501
                        Property Parcel Number: XX-XXX-XXX-XXXX-XX at STREET ADDRESS
Computer Info.
 Systems
(231)724-6744             NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
FAX: (231)722-4301

Englneerln& Dept.       Dear Property Owner:
(231)724-6707
FAX: (231)727-6904      The Muskegon City Commission has previously approved the project described below and will now
Finance Dept.
                        consider final confirmation of the special assessment roll:
(231)724-6713
FAX: (231)724-6768                              Sherman Boulevard, Lincoln Street to Glenside Boulevard.
Fire Deparnnent
(231)724-6792                                                        Public Hearings
FAX: (231)724-6985
                        A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Income Tu:
(231)724-6770           November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
FAX: (231)724-6768      in writing to express your opinion, approval, or objection concerning the special assessment. Written
                        appearances or objections must be made at or prior to the hearing.
Inspection Services
(231)724-6715
FAX: (231)7284371       YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
                        EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
Leisure Services
(231)724-6704
                        CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
FAX: (131)724-1196      CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
                        UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
Mayor's Office
(231)724-6701
                        BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
FAX: (231)722-1214      BE LOST.                                                                       .
Plannln&fZonlng
(231)724-6702
FAX: (231)724-6790
                        The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84
Police Deptartmenl       ( 13%) will be paid by special assessment to property owners. If the special assessment is confirmed,
(231)724-6750
FAX: (231)712-5140      your property will be assessed $XXX.XX based on 41.5 feet assessable front footage at $17.70 per
                        assessable foot for the street improvements. In addition, you will be assessed $0.00,for driveway
PubUc WorkJ Dept,       approach and/or sidewalk improvements made to your property for a total special assessment cost of
(231)724-4100
                •
FAX: (231)722 188       $XXX.XX. Following are the terms of the special assessment:
Tre • 111rer'1 Office                                     Assessment Period: Ten (10) Years
(231 )724-6720
FAX: (231)724-6768
                                                              Interest Rate: 5% per year
                                                               First Installment: $XX.XX
Water BUUna: Dtpt,                                           Due Date: October 14, 2001
(231)724-6718
FAX: (231)724-6768

Water Flltratlon
          •
(231)724 106
FAX: (231)75S-5290
                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                        www.shorelinecity.com
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

 If you have any specific questions about the work done please call the Engineering
 Department at 231- 724-6707 before the hearing date.

Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .


 Sincerely,


/)?µ-la~~~
 Mohammed AI-Shatel, P.E.
 City Engineer




 Enclosures
                       Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other publlc
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

         Street and Alley Assessments-Ten (10) years equal annual principal payments. For example, if the
         amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
         described below.

         Driveway, Sidewalk, and Approach Assessments• Ten (10) years equal annual principal payments
         plus applicable interest as described below.

         Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
         to complete the project for which you are assessed and has pledged you assessments for repayment of
         the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
         must pay on the borrowed money plus 1.00%.

Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

     •   Be 65 years or older or be totally or permanently disabled.

     •   Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
         being assessed for five (5) years or more.

     •   Be a citizen of the U.S.

     •   Have a total household income not in excess of $16,823.00

     •   Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the lime the property is
sold or transferred or after the death of the owner(s). During the lime the special assessment is deferred
interest is accrued at the rate of 6.00% per year.

IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.

V.   Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                       CITY OF MUSKEGON -H-1517
                                     SHERMAN, LINCOLN TO GLENSIDE
                          CDBG APPLICATION FOR WAIYER OF SPECIAL ASSESSMENT


Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security#                                 •    •
Spouse:
                                                                                                             ----
                                                                  Birthdate: _ _ _ _ _ _ _ _ Social Security 11 _ _. _ . _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:._ _ _ _ _ _ _ _ _ _ _ _ Race:. _ _ _ _ _ _ _ _ __

Parcel 11 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)

Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _Social Security II _ _•_ _•_ _
Name                                                              Birthdate._ _ _ _ _ _ _ _Social Security II _ _•_ _•_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security II _ _•_ _•_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ ___:




ANNUAL Household Income:                                      $                  Wage earner:
(Must include all household income)
                                                                                 Wage earner:

                                                                                 Wage earner:

                                                                                 Wage earner:

                                              Total:      $




Proof Of Ownership:         ( ) Deed        ( ) Mortgage           ( ) Land Contract

Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __

Property Taxes: ( ) Current          ( ) Delinquent           Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG stall)




Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verities he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed. DEADLINE FOR APPLICATION IS NOVEMBER 16. 2001.


APPROVED ( )            DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO. _ __

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __                                   TITLE _ _ _ _ _ _ _ _ _ _ _ _ __


COMMENTS/REMARKS
                                                    **ATTENTION APPLICANT**
      Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                             CITY OF MUSKEGON
                                        NOTICE OF PUBLIC HEARINGS
                                       SPECIAL ASSESSMENT DISTRICTS

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City
Commission for the following projects:


                                         Sherman. Glenside to Lincoln &
                                           Barclay. Sherman to Hackley

The location of the special assessment districts and the properties proposed to be assessed are:

•    All parcels abutting the north ROW of Sherman Boulevard from the west ROW line of
     Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the
     centerline of Wickham Drive to 326' west of the centerline ofGlenside Boulevard.
                                                  &
• All properties abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to
                                the south ROW line of Hackley Avenue
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 AM. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON NOVEMBER
13, 2001 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DA TE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.

By City Charter, if the owners of more than one-halfofthe property to be assessed shall object to the assessment in
writing at or before the hearing, the improvement shall not be made unless the City Commission determines by
affirmative vote of all its members that the safety or health of the public necessitates the improvement.

PUBLISH:          NOVEMBER 3, 2001                           Gail Kundinger, City Clerk
                                                    ADA POLICY

The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
                                            Gail A. Kundinger, City Clerk
                                       933 Terrace Street, Muskegon, MI 49440
                                       (231) 724-6705 or TDD (231) 724-6773
                                                                                     .::..CE/v                ,
                                      CITY OF MUSKEGON                               . ry OF MUSKEGc ..

                                   Resolution No. 2001-9 (bl                                . '.J J    ...
                                                                                                      2~1'1



                Resolution At First Hearing Creating Special Assessment District                .   G 'i ~
   For North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the ·-
Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of
                               the centerline of Glenside Blvd.
                      Location and Description of Properties to be Assessed:
                             See Exhibit A attached to this resolution


RECITALS:

1.     A hearing has been held on JANUARY 23, 2001 at 5:30 o'clock p.m. at the City
       Commission Chambers. Notice was given by mail and publication as required by
       law.

2.     That estimates of costs of the project, a feasibility report and valuation and benefit
       information are on file with the City and have been reviewed for this hearing.

3.     At the hearing held JANUARY 23, 2001, there were 47. 81 % objections by the owners
       of the property in the district registered at the hearing either in writing received before or
       at the hearing or by owners or agents present at the hearing, and the Commission has
       considered the advisability of proceeding with the project.

FINDINGS:

I.     The City Commission has examined the estimates of cost to construct the project
       including all assessable expenses and determines them to be reasonable.

2.     The City Commission has considered the value of the property to be assessed and the
       value of the benefit to be received by each property proposed to be assessed in the district
       after the improvements have been made. The City Commission determines that the
       assessments of costs of the City project will enhance the value of the properties to be
       assessed in an amount at least equivalent to the assessment and that the improvement
       thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.     The City Commission hereby declares a special assessment district to include the
       property set forth in Exhibit A attached to this resolution.

2.     The City Commission determines to proceed with the improvements as set forth in the
       feasibility study and estimates of costs, and directs the City Engineer to proceed with
       project design, preparation of specifications and the bidding process. If appropriate and
       if bonds are to be sold for the purposes of financing the improvements, the Finance
       Department shall prepare plans for financing including submission of application to the
       Michigan Department of Treasury and the beginning of bond proceedings.
.3.    The City Commission hereby appoints a Board of Assessors consisting of City
                                                              and Schwe i fl er
       Commissioners       Benedict
                                                                    -~~~~'-------
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 10.37% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes     Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen


       Nays     Benedict



                                                            CITY OF MUSKEGON


                                                            By   ~a.La~
                                                                  Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on JANUARY 23, 2001.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON



                                                            Gail A. Kundinger, Clerk
                  AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN          )
                           ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 23 RD DAY OF JANUARY, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:

 All parcels abutting the north ROW of Shennan Boulevard from the west ROW line of
  Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the
  centerline of Wickham Drive to 326' west of the centerline ofGlenside Boulevard.

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON JANUARY 13, 2001.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 12TH DAY OF JANUARY, 2001.

                                             L
SUBSCRIBED AND SW RN TO BEFORE ME THIS
 cv1/f/4DAY OF                    2001.




MY COMMISSION EXPIRES          J- c:2~ 0,;;),
!\ECEIVi:,J
  ,,
         ,,




               ::5',;=,~ ( /
              µ✓✓,/!a~~-
 Affirmative Action
 (231)724-6703
 FAX: (231)722-1214

Assessor/Equalization
(231)724-6708                                                                                               l,c.1 v c.,J
FAX: (231)726-5181
                                                                                                 <;1   rv   nF   MUSKEGON
Cemetery Department
                        November 2, 2001
(231 )724-6783
FAX: (231)726-5617
                                                                                                        NOV 13 200 1
City Manager
(231)724--6724
FAX: (231)722-1214

Civil Suvtce
(231)724-6716
FAX: (231)724--4405
                        2001 C/W 24-779-001-0005-00
                        3377 WINNETASKA
Clerk                   MUSKEGON, Ml 49441       45
(231)724-6705
FAX: (231)724--4178

Community and
  Neigh. Servlcell
(231)724-6717
                        Property Parcel Number: 24-779-001-0026-00 at OW SHERMAN BLVD
FAX: (231)726-2501

Computer Info.
  Systems                  NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
(231 )724-6744
FAX: (231)722-4301
                        Dear Property Owner:
Engineering Dept.
(231)724-6707           The Muskegon City Commission has previously approved the project described below and will now
FAX: (231)727--6904
                        consider final confirmation of the special assessment roll:
Finance Dept.
(231)724-6713                                   Sherman Boulevard, Lincoln Street to Glenside Boulevard.
FAX: (231)724--6768

Fire Department                                                     Public Hearings
(231)724-6792
FAX: (231)724--6985
                        A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Income Tax              November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
(231 )724-6770          in writing to express your opinion, approval, or objection concerning the special assessment. Written
:FAJ{: (111)724--6768   appearances or objections must be made at or prior to the hearing.
Inspection Services
(231)724-6715           YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
FAX: (231)728-4371      EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
Leisure Services        CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
(231)724-6704           CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
FAX: (231)724--1196     UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
Mayor's Office
                        BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
(231)724-6701           BE LOST.
FAX: (231)722-1214

Plannlng/Zonlng
(231)724-6702
FAX: (231)724--6790     The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84
                         (13%) will be paid by special assessment to property owners. If the special assessment is confirmed,
Police Deptartment
(231)724-6750           your property will be assessed $2,557.65 based on 144.5 feet assessable front footage at $17.70 per
FAX: (231)722-5140      assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway
                        approach and/or sidewalk improvements made to your property for a total special assessment cost of
Public Works Dept.
(231 )724-4 IO0         $2,557.65. Following are the terms of the special assessment:
FAX: (231)722-4188
                                                          Assessment Period: Ten (10) Years
Treasurer's Office
(231)724-6720
                                                              Interest Rate: 5% per year
FAX: (231)724--6768                                            First Installment: $255. 77
                                                            Due Date: JANUARY 14, 2002
Water Billing Dept.
(231)724-6718
FAX: (231)724--6768

Water Filtration
(231)724-4106
FAX: (231)755--5290
                               City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
 Affirmative Action
 (231)724-6703
 FAX: (231)722-1214

 Assessor/Equallzallon
 (231)724-6708
 FAX: (231)726-5181

 Cemetery Department
 (231)724-6783
                         November 2, 2001
 FAX: (231)726-5617

 City Manager
 (231)724-6724
 FAX: (231)722-1214

 Civil Service.
 (231)724-6716
 FAX: (231)724-4405      2002 C/W 24-779-001-0004-00
                         3377 WINNETASKA
 Clerk                   MUSKEGON, Ml 49441       4
 (2J I )724-6705
 FAX: (231)724-4178

Community and
  Neigh. Services
(23 t )724-6717
                         Property Parcel Number: 24-779-001-0005-00 at 2591 MCCRACKEN ST
FAX: (231)726-2501

Computer Info.
  Systems                   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
(231)724-6744
FAX: (231)722-4301
                         Dear Property Owner:
Engineering Dept.
(231)724-6707            The Muskegon City Commission has previously approved the project described below and will now
FAX; (231)727-6904
                         consider final confirmation of the special assessment roll:
Finance Dept.
(231)724-6713                                    Sherman Boulevard, Lincoln Street to Glenside Boulevard.
FAX: (231)724-6768

Fire Department                                                      Public Hearings
(231)724-6792
FAX: {231)724-6985
                         A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Income Tu:               November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
(231)724-6770            in writing to express your opinion, approval, or objection concerning the special assessment. Written
FAX: (231)724-6768
                         appearances or objections must be made at or prior to the hearing.
Inspection Services
(231)724-6715            YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
FAX: (231)728-4371       EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
Leisure Services         CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
(231)724-6704            CONFIRMATION TO FILE A WRITTEN APPE.l\L WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
FA,X: (231)724-1196      UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
Mayor's Office           BEFORE OR AT THE HEARING, YOUR RI.GHT TO APPEAL TO THE MICHIGAN TAX TRI BU MAL WILL
(231)724-6701            BE LOST.
FAX: (231)722-1214

Planning/Zoning
{231 )724-6702
FAX: (231)724-6790       The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84
                          (13%) will be paid by special assessment to property owners. If the special assessment is confirmed,
Police Deptartmenl
(231)724-6750            your property will be assessed $1,106.25 based on 62.5 feet assessable front footage at $17.70 per
FAX: (231)722-5140       assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway
                         approach and/or sidewalk improvements made to your property for a total special assessment cost of
PubUc Work.'l Dept.
(231)724-4100            $1,106.25. Following are the terms of the special assessment:
FAX: (231)722-4188
                                                           Assessment Period: Ten (10) Years
Treasurer's Office
{231)724-6720                                                  Interest Rate: 5% per year
FAX: (231)724-6768                                              First Installment: $110. 63
                                                             Due Date: JANUARY 14, 2002
Water BIiiing Dept.
(231)724-6718
FAX: (231)724-6768

Water Filtration
(231 )724-4106
FAX; (231)755--5290
                                City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                                            H-1517                         HEARING DATE NOVEMBER 13, 2001

                                Sherman Boulevard, Lincoln Street to Glenside Boulevard.

                                            SPECIAL ASSESSMENT ROLL
                                                                                                                    OR APP
PARCEL               @                   OWNER                    MAILING ADDRESS                         PAVING     /SW           TOTAL

24-645-000-0017-00   1916   SHERMAN BLV SHEDD GARY/BETTY    · 550 W NORTON     MUSKEGON       Ml 49444    $743.40    $0.00       $743.40

24-382-028-0031-00   2590   CUMBERLAND   CRAYMER BRUCE D/P 2590 CUMBERLAND S MUSKEGON         Ml 49441   1,460.25    $0.00      $1,460.25

24-645-000-0023-00   1830   SHERMAN BLV RAHRIG PROPERTIES   1821 MANOR DR      MUSKEGON       Ml 49441-0 1,813.36     $0.00     $1,813.36

24-645-000-0019-00   1832   SHERMAN BLV FRANTZ KATHRYN TR 2437 MEMORIAL DR.    MUSKEGON       Ml 49445    $708.00     $0.00      $708.00

24-645-000-0022-00   1850   SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR     MUSKEGON       Ml 49445   1,004.47     $0.00     $1,004.47

24-645-000-0021-00   1862   SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR     MUSKEGON       Ml 49445    $973.50     $0.00      $973.50

24-205-615-0001-00   1780   SHERMAN BLV CPU PROPERTIES      3419 W BARD RD     MUSKEGON       Ml 49445-9 1,416.00     $0.00     $1,416.00

24-645-000-0018-00   1892   SHERMAN BLV LANG TIMOTHY E      1892 W SHERMAN BL MUSKEGON        Ml 49441    $708.00     $0.00       $708.00

24-205-615-0001-10   1776   SHERMAN BLV KS CAR WASH         1684 W HARBOUR TO MUSKEGON        Ml 49441-6 1,608.05     $0.00     $1,608.05

24-645-000-0015-00   1924   SHERMAN BLV ZWART WILLIAM       2065 MANITOU CIR   MUSKEGON       Ml 49441   1.239.00   $144.00     $1,383.00

24-645-000-0014-00   1928   SHERMAN BLV LAMSE EDWARD C UV 789 HOLLY CREEK D    HOLLAND        Ml 49423    $708.00   $114.30       $822.30

24-645-000-0013-00   1932   SHERMAN BLV GUE JUNE            3020 PECK ST APT 21 MUSKEGON      Ml 49441    $708.00     $0.00       $708.00

24-645-000-0012-00   1936   SHERMAN BLV HEETHUIS GERALD     1936 W SHERMAN BL MUSKEGON        Ml 49441    $708.00     $0.00      $708.00

24-645-000-0011-00   1940   SHERMAN BLV DANIELS GRACE/ET A 1940 W SHERMAN BL MUSKEGON         Ml 49441    $708.00     $0.00       $708.00

24-645-000-0010-00   1944   SHERMAN BLV CROWELL JANICE       1944 W SHERMAN BL MUSKEGON       Ml 49441    $708.00     $0.00       $708.00

24-645-000-0020-00   1870   SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR     MUSKEGON       Ml 49445    $973.50     $0.00       $973.50

24-382-015-0014-00   1508   SHERMAN BLV ANDERSON SALLY       1508 W SHERMAN BL MUSKEGON       Ml 49441    $885.00     $0.00       $885.00
                                                                            '
24-205-615-9991-00   1745   GREENWOOD    BUCKNER SHERMAN L 3194 S HENRY ST     MUSKEGON       Ml 49441   2,554.11     $0.00     $2,554.11


                                                                                                                              Page 1 of 5
                                                              H-1517                               HEARING DATE NOVEMBER 13, 2001

                                 Sherman Boulevard, Lincoln Street to Glenside Boulevard.

                                              SPECIAL ASSESSMENT ROLL
                                                                                                                              DR APP
PARCEL                @                  OWNER                       MAILING ADDRESS                               PAVING      /SW           TOTAL

24-645-000-0005-00    1996   MCCRACKEN    HOLDEMAN STEPHEN 2011 LETART AVE              MUSKEGON      Ml 49441-1   1,106.25     $0.00     $1,106.25

24-779-001'-0005-00   2591   MCCRACKEN    2002 CN-J 24-779-001-0 3377 WINNETASKA        MUSKEGON      Ml 49441     1,106.25     $0.00     $1,106.25

24-382-028-0019-00    1426   SHERMAN BLV ACHTERHOFF JOHN E 1065 FOURTH ST SUI MUSKEGON                Ml 49441-1   $690.30      $0.00      $690.30

24-382-028-0026-00    1456   SHERMAN BLV ACHTERHOFF JOHN E 1065 FOURTH ST SUI MUSKEGON                Ml 49441-1   $708.00      $0.00      $708.00

24-645-000-0024-00    1788   SHERMAN BLV RAHRIG PROPERTIES 1821 MANOR DR                MUSKEGON      Ml 49441     1,947.00     $0.00     $1,947.00

24-382-028-0028-00    1476   SHERMAN BLV KELLY SHIJUAN L       1476 W SHERMAN BL MUSKEGON             Ml 49441     1,460.25     $0.00     $1,460.25

24-779-001-0025-00    2050   SHERMAN BLV STEGALL REX           2050 W SHERMAN BL MUSKEGON             Ml 49441     $734.55      $0.00      $734.55

24-382-015-0015-00    1512   SHERMAN BLV ANDERSON SALLY        1508 W SHERMAN           MUSKEGON      Ml 49441-0   $902. 70     $0.00      $902.70

24-382-015-0017-00    1540   SHERMAN BLV SALLY ANDERSON CO 1540 W SHERMAN BL MUSKEGON                 Ml 49441     2,548.80     $0.00     $2,548.80

24-382-015-0020-00    1550   SHERMAN BLV ROCK N ROAD CYCLE 300 N SEVENTH                GRAND HAVEN Ml 49417       $575.25      $0.00       $575.25

24-381-014-0012-00    1680   SHERMAN BLV PRESBYTERIAN CHUR 2577 WICKHAM DR              MUSKEGON      Ml 49441     3,738.77     $0.00     $3,738.77

24-381-004-0006-00    1704   SHERMAN BLV DEWALD LORRAINE H 1580 NELSON ST               MUSKEGON      Ml 49441     3,572.39     $0.00     $3,572.39

24-205-615-0001-20    1768   SHERMAN BLV BUCKNER CONVENIE      1768 W SHERMAN BL MUSKEGON             Ml 49441     3,251.49     $0.00     $3,251.49

24-382-028-0027-00    1466   SHERMAN BLV VANDEN BOSCH DAVI 1466 W SHERMAN               MUSKEGON      Ml 49441     $708.00      $0.00       $708.00

24-545-004-0018-00    2320   SHERMAN BLV MCPHERSON JACK        3939 BENNETT ST          MUSKEGON      Ml 49441     2,124.00     $0.00     $2,124.00

24-779-002-0020-00    2168   SHERMAN BLV ZERFAS EVELYN         2168 W SHERMAN BL MUSKEGON             Ml 49441     $885.00      $0.00       $885.00

24-779-002-0019-00    2176   SHERMAN BLV FRANKS SCOTT A        2176 W SHERMAN SL MUSKEGON             Ml 49441     $885.00      $0.00       $885.00

24-779-002-0017-00    2184   SHERMAN BLV PARKER JAY C          2184 W SHERMAN BL MUSKEGON             Ml 49441     $885.00      $0.00       $885.00


                                                                                                                                        Page 2 of 5

                                                                                 r-.,
                                                                  H-1517                          HEARING DATE NOVEMBER 13, 2001

                                      Sherman Boulevard, Lincoln Street to Glenside Boulevard.

                                                  SPECIAL ASSESSMENT ROLL
                                                                                                                             DR APP



l
     PARCEL                @                  OWNER                     MAILING ADDRESS                           PAVING      /SW           TOTAL

     24-779-002-0016-00    2190   SHERMAN BLV ANDERSEN DOROTHY 2190 W SHERMAN BL MUSKEGON            Ml 49441     $885.00     $0.00        $885.00

j    24-205-669-0001-00    2250   SHERMAN BLV CITY OF MUSKEGON    933 TERRACE ST      MUSKEGON       Ml 49443     0,372.20    $0.00      10,372.20
 '
lI   24-645-000-0008-00    1960   SHERMAN BLV BENEDICT MICHAEL    2164 LETART AVE     MUSKEGON       Ml 49441     1,416.00    $0.00      $1,416.00


li   24-545-004-0017 -00

     24-779-002-0024-00
                           2312

                           2146
                                  SHERMAN BLV MCPHERSON JACK

                                  SHERMAN BLV MILLER DONNA
                                                                  3939 BENNETT ST     MUSKEGON

                                                                  2146 W SHERMAN BL MUSKEGON
                                                                                                     Ml 49441

                                                                                                     Ml 49441
                                                                                                                  $708.00

                                                                                                                  $708.00
                                                                                                                              $0.00

                                                                                                                              $0.00
                                                                                                                                           $708.00

                                                                                                                                           $708.00
1
'    24-545-004-0021-00    2340   SHERMAN BLV JACOBS MARY         2340 W SHERMAN BL MUSKEGON         Ml 49441     $708.00     $0.00        $708.00

     24-545-004-0022-00    2346   SHERMAN BLV COOPER ELI J        5967 AIRLINE RD     FRUITPORT      Ml 49415     $708.00     $0.00       $708.00

     24-545-004-0023-00    2356   SHERMAN BLV GIBBS ANDREWW       2356 W SHERMAN BL MUSKEGON         Ml 49441     1,947.00    $0.00      $1,947.00

     24-545-004-0026-00    2368   SHERMAN BLV LANGLOIS DONALD A   3218 MICHILLINDA RD WHITEHALL      Ml 49461-9   $885.00      $0.00       $885.00

     24-545-004-0027 -00   2376   SHERMAN BLV WILSON JOHN         2376 W SHERMAN BL MUSKEGON         Ml 49441     $708.00      $0.00       $708.00

     24-545-004-0028-00    2382   SHERMAN BLV BENNINGER ROBERT    2418 CUTLER AVE     MUSKEGON       Ml 49441     $708.00      $0.00       $708.00

     24-545-004-0016-00    2308   SHERMAN BLV MCPHERSON JACK      3939 BENNETT ST     MUSKEGON       Ml 49441     $743.40      $0.00       $743.40

     24-779-002-0030-00    2108   SHERMAN BLV CUNNINGHAM RONAL 2108 W SHERMAN BL MUSKEGON            Ml 49441     $708.00      $0.00       $708.00

     24-545-004-0029-00    2390   SHERMAN BLV DAUGHTERY JEFFRE    3997 S WICKHAM DR   NORTON SHO     Ml 49441     1,416.00     $0.00     $1,416.00

     24-779-001-0024-00    2056   SHERMAN BLV LOPEZ DAVID         2056 W SHERMAN BL MUSKEGON         Ml 49441     $734.55      $0.00       $734.55

     24-779-001-0023-00    2062   SHERMAN BLV YOUNG LAWRENCErr    1980 HORTON RD      N MUSKEGON     Ml 49445     $734.55      $0.00       $734.55

     24-779-001-0022-00    2068   SHERMAN BLV HURNEY MICHAEL V/G 2068 W SHERMAN       MUSKEGON       Ml 49441     $734.55      $0.00       $734.55

     24-779-001-0021-00    2074   SHERMAN BLV TAULBEE KATHRYNE 2074 W SHERMAN BL MUSKEGON            Ml 49441     $734.55      $0.00       $734.55


                                                                                                                                       Page 3 of 5
                                                            0   I   •   _.   0   •




                                 Sherman Boulevard, Lincoln Street to Glenside Boulevard.

                                              SPECIAL ASSESSMENT ROLL
                                                                                                                                  DR APP
PARCEL               @                   OWNER                                   MAILING ADDRESS                       PAVING       /SW          TOTAL

24-779-001-0020-00   2080    SHERMAN BLV MCKNIGHT DONNA J       2080 W SHERMAN BL MUSKEGON                Ml 49441     $734.55     $0.00       $734.55

24-779-002-0021-00   2154    SHERMAN BLV MARTIN MARY I          2154 W SHERMAN BL MUSKEGON                Ml 49441     1.416.00    $0.00      $1,416.00

24-779-001-0018-00   2092    SHERMAN BLV HEGBLOOM JUDITH A 2092 W SHERMAN BL MUSKEGON                     Ml 49441     $734.55      $0.00      $734.55

24-779-002-0023-00   2150    SHERMAN BLV BUTTERFIELD DONAL 2150 W SHERMAN BL MUSKEGON                     Ml 49441     $708.00      $0.00      $708.00

24-779-002-0029-00   2112    SHERMAN BLV IBERSHOFF KARL         3000 COUNTRY CLUB MUSKEGON                Ml 49441-1   $708.00      $0.00      $708.00

24-779-002-0027-00   2120    SHERMAN BLV IBERSHOFF KARL         3000 COUNTRY CLUB MUSKEGON                Ml 49441-1   1.416.00     $0.00     $1,416.00

24-779-001-0026-00       0   SHERMAN BLV 2001 C/W24-779-001-0 3377 WINNETASKA                MUSKEGON     Ml 49441     2,557.65     $0.00     $2,557.65

24-779-002-0026-00   2130    SHERMAN BLV SUNSET GLOBAL          PO BOX 160128                SACRAMENTO   CA 95816-0   $708.00      $0.00      $708.00

24-779-002-0025-00   2136    SHERMAN BLV BUTTERFIELD CATHE 2136 W SHERMAN BL MUSKEGON                     Ml 49441     $708.00      $0.00       $708.00

24-645-000-0006-00   1964 SHERMAN BLV STUBBS ROBERT D           1964 W SHERMAN BL MUSKEGON                Ml 49441     1.416.00     $0.00     $1,416.00

24-779-001-0019-00   2086    SHERMAN BLV KOSLOSKY EDWARD/       2086 W SHERMAN BL MUSKEGON                Ml 49441     $734.55    $154.80       $889.35




                                                                                                                                            Page 4 of 5
                                            H-1517                           HEARING DATE NOVEMBER 13, 2001

                  Sherman Boulevard, Lincoln Street to Glenside Boulevard.

                               SPECIAL ASSESSMENT ROLL
                                                                                                     DR APP
PARCEL    @              OWNER                       MAILING ADDRESS                       PAVING      /SW          TOTAL


         TOTALS                                                                         $84,618.03   $413.10 $85,031.13

                                                     PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT


                                         BOARD OF ASSESSORS


                                                         -
                                            DIRECTO , OUNTY~u                DATE
                                           . /? :::-:;_ ~
                           ~
                               ROBERT SCHWfi((_E;:     c1~o"M~"".::~"'--bATE

                               a,f_~
                               pii~i-JEDICT            CITY COMMISSIONER
                                                                           /1-/9-o/
                                                                             DATE




                                                                                                              Page 5 of 5
              Commission Meeting Date: November 14, 2001

Date:        November 7, 2001
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development         cJ!J 0
RE:          DDA Plan Amendment Ordinance


SUMMARY OF REQUEST:

To approve the attached ordinance approving an amendment to the Downtown
Development Authority Development and Tax Increment Financing Plans. The
proposed amendment shall remove the Muskegon Mall from the DDA development
area.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the attached ordinance

COMMITTEE RECOMMENDATION:

The Muskegon Downtown Development Authority, at its regular meeting on September
18, 2001, approved a resolution to amend the Development and Tax Increment
Financing Plan.




11/7/2001
        ii


                                          City of Muskegon
                                    County of Muskegon, Michigan

                                     ORDINANCE NO.        2060

                      AN ORDINANCE APPROVING AMENDMENTS TO
                         THE DOWNTOWN DEVELOPMENT PLAN
              AND TAX INCREMENT FINANCE PLAN OF THE CITY OF MUSKEGON
                        DOWNTOWN DEVELOPMENT AUTHORITY

                                              Recitals

             WHEREAS, the Muskegon Downtown Development Authority (the "Authority") has

previously prepared and approved a Downtown Development Plan and Tax Increment Finance

Plan (the "Plan") for the Development Area described in the Plan, which was approved by the

City Commission on July 12, 1988, pursuant to Ordinance No. 969; and,

             WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989,

(the" 1989 Amendment") pursuant to Ordinance No. 982; and,

             WHEREAS, the City Commission approved amendments to the Plan on August 28,

2001, pursuant to Ordinance No. 2f50; and,

             WHEREAS, the Authority has prepared and recommended for approval an amendment,

attached hereto as Exhibit A (the "Plan Amendment"), to the Plan; and,

             WHEREAS, on November 13, 2001, the City Commission held a public hearing on the

Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the "Act");

and,

             WHEREAS, the purpose of the amendment is to amend the Development Plan and Tax

Increment Financing Plan to remove certain parcels from the development area set fmth in those

Plans; and,




C:\TEMP\9Q7900.DOC
          WHEREAS the City Commission has given the taxing jurisdictions in which the

 Development Area is located an oppo1tunity to meet with the City Commission and to express

their views and recommendations regarding the Plan Amendment as required by the Act,

         NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:

          1.         Findings

         (a)         The development plan portion of the Plan, as amended by the Plan Amendment,

meets the requirements set forth in Section 17(2) of the Act, and the tax increment financing plan

po1tion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in

Section 14(2) of the Act.

         (b)         The proposed method of financing the development is feasible and the Authority

has the ability to arrange the financing.

         (c)         The development is reasonable and necessary to carry out the purposes of the Act.

         (d)         Any land included within the Development Area to be acquired is reasonably

necessaTy to carry out the purposes of the Act.

         (e)         The Plan, as amended by the Plan Amendment, is in reasonable accord with the

master plan of the City.

         (f)         Public services, such as fire and police protection and utilities, are or will be

adequate to service the Development Area.

         (g)         Changes in zoning, streets, street levels, intersections, and utilities, to the extent

required by the Plan, as amended by the Plan Amendment, are reasonably necessary for the Plan,

as amended by the Plan Amendment, and for the City.

         2.          Public Pmpose. The City Commission hereby determines that the Plan, as

amended by the Plan Amendment, constitutes a public purpose.




C:\TEMP\9Q7900.DOC
         3.          Best Interest of the Public. The City Commission hereby determines that it is in

the best interests of the public to halt property value deterioration, increase property tax

valuation, eliminate the causes of the deterioration in property values, and to promote growth in

the Downtown District to proceed with the Plan, as amended by the Plan Amendment.

         4.          Approval and Adoption of Plan Amendment. The Plan Amendment is hereby

approved and adopted. A copy of the Plan, the Plan Amendment, and all later amendments

thereto shall be maintained on file in the City Clerk's office.

         5.          Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No. 969

is hereby amended by this Ordinance. All ordinances, resolutions and orders, or parts thereof, in

conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed.

Each section of the Ordinance and each subdivision of any section thereof is hereby declared to

be independent, and the finding or holding of any section or subdivision thereof to be invalid or

void shall not be deemed or held to affect the validity of any other section or subdivision of the

Ordinance.

         6.          Paragraph Headings. The paragraph headings in this Ordinance are furnished for

convenience of reference only and shall not be considered to be a part of the Ordinance.

         7.          Publication and Recordation. The Ordinance shall be published in full promptly

after its adoption in the Muskegon Chronicle, a newspaper of general circulation in the City,

qualified under State law to publish legal notices, and shall be recorded in the Ordinance Book of

the City, which recording shall be authenticated by the signature of the City Clerk.

         8.          Effective Date. The Ordinance is hereby determined by the City Commission to

be immediately necessary for the interests of the City and shall be in full force and effect from

and after its passage and publication as required by law.




C:\TEMP\9O7900.DOC
          Passed and adopted by the City Commission of the City of Muskegon, County of

Muskegon, State of Michigan, on                              November 13      , 2001.


AYES:                Members   Nielsen, Schweifler, Shepherd, Spataro, Aslakson ,

                       Benedict            Buie

NAYS:                Members _ None                      _____________________
                               __:_:_;::..:..:..::::....._




ABSENT:              Members -----'-'-'='-------
                                None
                                                 - - - ~ - - - - - - - -- -- -
ORDINANCE DECLARED ADOPTED.

 EFFECTIVE .DATE:        December 3 , 2001.                                CITY OF MUSKEGON

                                                                           By Aw-0 ~
                                                                           Gail A. Kundinger
                                                                           City Clerk

         I hereby certify that the foregoing is a true and complete copy of Ordinance No. 2060

adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a

regular meeting held on November 13, 2001, and that said meeting was conducted and public

notice of said meeting was given pursuant to and jn full compliance with the Open Meetings Act,

being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.


                                                                            ~           Q- ~ g ;
                                                                           Gail A. Kundinger
                                                                           City Clerk




C:\TEMP\9Q7900.O0C
                                       EXHIBIT A
                              DEVELOPMENT PLAN AMENDMENT
                                    NOVEMBER 13, 2001


The original Development Plan of 1988, as amended in 1989 and 2001, is further amended in
Section II.A. to amend the boundaries of the DDA development area by deleting the following
parcels:

         Muskegon Mall Property located within the area bounded by Terrace Street,
         Clay Street, Third Street and Morris Street, City of Muskegon, described as
         follows:

         Lands located in the Revised Plat (of 1903 of the City of Muskegon) described as
         follows:

         Parts of Blocks 309,310, 311, 312, 559, 560, 561, 564 and 565, described in detail as
         follows:

         Entire Block 309 lying Westerly of the Westerly line of Terrace Street as relocated (the
         Westerly line of Terrace Street relocated described at the end of the description),
         including the East/West and North/South alleys vacated in said Block 309;

         Also Lots 1 to 11, inclusive, of Block 310, and the Northerly 1/2 of the vacated
         East/West alley adjacent thereto, and Lot 18 and the Southerly 1/2 of the East/West alley
         adjacent thereto of said Block 31 O;

         Also the entire Block 311 except the East/West alley in said Block 311;

         Also the entire Block 312, including all vacated alleys in said Block 312;

         Also Lots 7 to 16, inclusive, of Block 559 lying Southerly of Morris Street and Westerly
         of Terrace Street as relocated (see description of relocated Morris/Terrace Street below);

         Also the entire Block 560, including the vacated alley in said Block 560;

        Also Lots 3 to 15 of Block 561 lying Southeasterly of the Southeasterly line of Morris
        Street, and the Southeasterly 1/2 of the vacated 18 foot alley that runs Southwest to
        Northeast in said Block 561;

         Also Lots 1 and 2, Lot 7 and Lots 8 to 13, inclusive, of Block 564;

        Also Lots 1 to 18, inclusive, of Block 565, and the entire vacated alley adjacent to Lots 3
        to 15, inclusive, of said Block 565;




C:\TEMP\9Q7900.DOC
         Also including the entire vacated Western Avenue Easterly of Third Street and Westerly
         of Terrace Street as relocated;

         Also including vacated Jefferson Street North of Clay Avenue;

         Also including vacated Jefferson Street North of Western Avenue aud South of Morris
         Avenue;

         Also including vacated Market Street Westerly of Terrace Street (relocated) and Easterly
         of a line described as beginning at the Southeast corner of Lot 2, Block 561, thence
         Southeasterly along the East line of said Lot 2, if extended, 33 feet, thence Southwesterly
         along the centerline of Market Street to the intersection of said line with Western Avenue
         for Point of Ending of said line;

         Also including the Southwesterly 1/2 of vacated First Street adjacent to Lots 13, 14 and
         the alley in Block 311;

         Also including the entire vacated First Street lying North of the Northerly alley of said
         Block 311, aud South of a line described as: connnencing at the Northeast corner of
         Lot 13, Block 564, thence Northeasterly along the extension of the North line of said
         Lot 13, 10 feet more ofless, thence South 86°00'00" East 5.66 feet, thence South
         41 °33'00" East 43.1 feet, thence South 86°00'00" East 17.9 feet, thence North 49°00'00"
         East 199.83 feet to the Point of Ending of said line;

         Also including that paii of Second Street lying Southerly of the Southerly line of the alley
         in Block 565, if extended Easterly to the Northwest corner of Lot 8, Block 564;

        Also including that part of the Southwesterly 1/2 of Second Street adjacent to Lot 18 of
        Block 565 and Lot 8 of Block 564.




C:\TEMP\907900.DOC
\ff,·tm,Jli,l' \l'l1'lll
' I l "''-1.(,"UJ
,_· '- \ _:ZT-TTT4--~'
\,,l''-'l.'IJI.
!31/72-1-671)2
FA\/72-1-6985              Mr. Frank Bednarek
In.come Ta,                Administrator/Controller
!31/72-1-6770              Muskegon County
F,\:\/72-1-6768
                           990 Terrace Street
ln.fo. Sys1cms             Muskegon, Ml 49442
!31/72-1-67-14
FX\'./722--001

Leisure .S~rvice
231/724-670-1
                           Dr. Michael H. Bozym
F.--\X/724-1196            Superintendent
'.\lanager's Office
                           Muskegon Area Intermediate Schools
!Jl/72-1-6724              630 Harvey Street
FA:\/722-121-1             Muskegon, Ml 49442
.\l.iyor's Office
231/72-1-6701              Dr. Frank Marczak
F.-\.\/722-ll I 4
                           President
\ei~h. & Const.            Muskegon Community College
    Sen·ices
!31/72-U,715
                           221 South Quarterline Road
F.-\.\/726-250 I           Muskegon, Ml 49442
i'lanninl!/Zuning
23 I /724-6702
F.\\/7:U-6790
                           Gentlemen:
Police Deiit.
2J I /72-1-6750            As you are probably aware, the owner of the downtown Muskegon Mall has filed a
F. \.\/722-51-IU
                           tax appeal. The mall is currently assessed at over $6 million ($12 million market
l'uhlic Works              value) and the tax appeal states that the corrected taxable valuation should be
23 1/72-1--1100
F.\.\/722--1188
                           $500,000. Of the current taxable value, 83% represents base value on development
                           that existed at the lime the Downtown Development Authority (DOA) was created in
Treasurer
131172-1-6720
                           1989 and the remainder represents incremental value captured for DOA purposes.
F.-\:\/72-1-6768           Thus, the $348,147 of annual taxes currently paid by the mall are allocated
\\ ater Rilling Dept,
                           approximately as follows:
!3 l/72--l--61f8
F.-\.\/72-1-6768

\\-iltl•f Filtration
!Jl/7!-1--110<,
F \.\1755-52'>0·

                                 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
•   $59,185 - To DDA (taxes on captured increment)

•   $56,926 - To city general fund (taxes on base)

•   $38,001 - To county (taxes on base)

•   $12,856 - To Community College (taxes on base)

•   $15,892- To MAISD (taxes on base)

•   $165,287 - To Muskegon Public Schools (taxes on base)

Given the present retail situation in the Muskegon area, it is quite possible that the
tax appeal will result in some reduction in the mall's taxable valuation.

The DDA law does not adequately address what happens when property values
decline. It appears that so long as the mall remains within the boundaries of the
DOA development area, the DDA would be liable for the full impact of any tax appeal
loss even to the extent that the Joss exceeds the tax increment revenue that the ODA
receives from the mall property. Clearly, this is an unacceptable result. As the ODA
never benefited from taxes generated on the 83% of mall value represented by the
base, it is illogical that it should have to make up other unit's taxes lost due to
assessment losses that extend to the base. Accordingly, the City Commission is in
the process of correcting this situation by removing the mall from the ODA
development area. This will ensure that any tax loss resulting from a decline in the
mall's base value will be proportionately shared among the taxing units (including the
city) that receive revenue from that base. A public hearing on this matter has been
scheduled for 5:30 PM on Tuesday, November 13, 2001. Additionally, the City
Commission will discuss the matter at its work session at 5:00 PM Monday,
November 5, 2001. You are invited to attend either or both of these meetings.

In the meantime, if you have any questions regarding this matter please contact me
at 724-6724 or Mr. Timothy Paul, City Fi~ance Director, at 724-6709.


Thank you.




7~.
Ztazar
1
City Manager
Date:     September 28, 2001
To:       Honorable MayorJlnd City Commissioners
From:     Ric Scott     /~r,;/
RE:       Consumers Energy Memorandum of
          Understanding


SUMMARY OF REQUEST:
To adopt the attached Memorandum of Understanding with
Consumers Energy for the use of the property across from
Veteran's Park for a future soccer complex


FINANCIAL IMPACT:
None at this time


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmotlve Action
231 /724-6703
t'AX/722-121.¢

Assessor
23 l /724-6708
FAX/726-5 18 1

Cemetery
23 I /724-6783
FAX/726-5617

Civil Service
231 /724-67 I 6
FAX/724-4405                                        West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
                      Date:         September 28, 2001
Comm, & Neigh.
   Services           To:           Honorable                       City Commissioners
231/724-67 17
FAX/726-250 I
                      From:         Ric Scott
Engineering
231/724-6707          Re:           Consumers Energy Memorandum of Understanding
FAX/727-6904
                      The attached Memorandum of Understanding with Consumers
Finance
231 /724-67 13
                      Energy Company is for the future use of the property
FAX/724-6768          across from Veteran's Park as a soccer complex. The
Fire Dept.            attorney staff has approved the document.
231 /724-6792
FAX/724-6985          The agreement basically states that Consumers Energy
Income Tox
                      will sell the property to the City for the price
231 /724-6770         established by an appraisal, but based on the
FAX/724-6768
                      availability of Grant monies including the DNR Trust
Info. Systems         Fund. Consumers will donate the purchase price to the
231/724-6744
FAX/722-4301          City for use as matching funds to build the complex
                      sometime in the future, as grant funds become available.
Leisure Service
23 I /724-6704
F AX/724- 1196
                      The city will be responsible for maintaining the surface
                      portion of the property once the project is built, and
Munagcr's Office
231 /724-6724
                      Consumers is responsible for the contaminated ground
FAX/722-12 14         under the complex.
Mayor's Office
231 /724-670 I
                      I would ask that you authorize the Mayor and Clerk sign
FAX/722-1214          the agreement and direct staff to proceed with the
Inspectlon Services
                      project.
231/724-6715
FAX/726-250 I         Thank you for your consideration.
Plnnnlng/Zonlng
231 /724-6702
FAX/724-6790

Police Dept.
231 /724-6750
FAX/722-5140

l'ubllc Works
231/724-4100
FAX/722-4188

Treusurer
231/724-6720
FAX1724-6768

Wnter Billing Dept.
231/724-6718
FAX/724-6768

Water Filtration
231/724-4106
F AX/755-5290


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Consumers Energy

        A CMS Energy Company                     8. C. Cobb Plant            Tel: 231 727 6100
                                                 151 North Causeway          Fax: 231 727 6251
                                                 Muskegon, Ml 49445



 October 9, 2001

 Ric L. Scott
 Leisure Services Director
 City of Muskegon
 P.O. Box 536
 Muskegon, MI 49443-0536


 Re:    B.C. Cobb Plant Ash Disposal Areas 4 & 4A

 Dear Mr. Scott:

 As you know, Consumers Energy Company is seeking closure of this property and has been
 reviewing two closure options. We feel that the best option is to close the site with a joint effort
 involving the City and the Michigan Depaitment of Environmental Quality, as an area-wide
 sports complex in seven years from the start of closure.

 For this option to become a reality, we are asking the City to approve and execute the attached
 Memorandum of Understanding by the end of this year. We would be pleased if you would
 present this Memorandum to the City Cmmnission for its consideration and approval as soon as
 possible. Myself and other plant representatives are available to answer any questions or
 concerns City staff or Commissioners may have regarding this project.




 Generating Plant Manager


 Enclosure
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/f N                  arbor Title
                    955 West Broadway
                    Muskegon,MI49441
                                                    Title Search
                                                                                               Case No.: 100120486
                                                                                                        June 7, 2001

 1,   Beginning Date: 10/22/99, at 8:00 A.M.

      Please See Attached Liber 2302, Page 459, 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
      5/4/2001, at 8:00 A.M.

                                                       Documents
                         Deeds:                                                              Mortgages:
                 Liber 2302, Page 459                                                   Liber 2302, Page 460
                                                                                 Liber 3010, Page 020 (Assignment)
                                                                                 Liber 3079, Page 879 (Assignment)

                                                            Taxes:
                              Payment of the delinquent water & sewer usage bill, due and
                              payable to the City of Muskegon, in the amount of$44.65, if
                              paid by June 30, 2001.


                              Note:
                              2000 Winter taxes were paid in the amount of:
                              $662.56,
                              No 2000 Summer taxes were assessed.
                              Permanent Parcel No.: 61-24-220-001-0001-00.
                              2001 State Equalized Value: $19,900.00.
                              2001 Taxable Value: $18,988.00.
                              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:

      James Gutierrez

 4.   No search has been made for any instrument, 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 limited to the amount
      paid for this information.
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                    1420 Getty Street
                                       (Garage)
                                        4/20/01


Inspection noted:

1.     Garage - Shed in state of collapse.
2.     Roof caving in.
3.     Walls caving in.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFfNITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDfNG AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




F:\Inspections\Evcrett\WORD\STANDARD FORMSIDB INSPECTION REPORT FORM.doc
                                            CITY OF MUSKEGON

           NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          July 11, 2001

       Address of the Property:       1420 Gettv (Garage Onlr), Muskegon. Michigan

       Description of the Structure: Cramers Addition, Lot     I. Block 1
       TO:     James Gutierrez. 1420 Getty St. Muskegon, MI 4944?
               (Name & Address of Owner]

               American Financial Mortgage Corp. 2628 Three Mile Rd N. Traverse City, MI· 49686

               Community Mortgage Svcs. 24275 Northwestern Hwy. Ste. 201. Southfield, MI 48075

               Fidelity Bank, 100 East English, Wichita, KS 6720 l

               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 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 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
                              pennits. All work must be physically commenced within 30 days of the
                              date of this notice.

              2.    ---       Obtain the issuance of the appropriate pem1it 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.




       F:\Inspections\Grabinski_ Lorraine\ Worcl\ST AND ARD FORMS\lnspections Depar1ment Notice
       and Order.doc

                                                  Page 1 of3
                                   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
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 1420 Getty (Garage), Muskegon, Michigan,
cause said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report




                                                           ert B. Grabinski, Fire Marshal
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: September 24, 2001

Address of the Property:      1420 Gettv St. (Garage Onlv) Muskegon, Michigan

Description of the Structure: Cramers Addition, Lot I, Block 1


TO:    James Gutierrez, 1420 Getty St. Muskegon, MI 49442
       [Name & Address of Owner]

       American Financial Mo11gage Corp. 2628 Three Mile Rd. N Traverse City, MI 49686
       Names & Addresses of Other Interested Parties]

       Community Mortgage Svcs. 24275 Northwestern Hwy. Ste. 201, Southfield, MI 48075

       Fidelity Bank, I 00 East English, Wichita, KS 6720 I


        Please take notice that on Thursday, October 4, 2001 , 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, 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department
011 7/11/01.


       At the hearing on Thursday, October 4 , 2001 , 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.




                                           bert B. Grabinski, Fire Marshal/Inspection Services




F:\INSPECTIONS\GRABINSKI_LORRAINE\WOlm\HBA MEETINGS\STANDARO FORMS\NOTICE OF HBA HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS




Date:         October 8, 2001

To:           James Gutierrez, 1420 S. Getty St., Muskegon, Ml 49442
              Owners Name & Address

              American Financial Mortg Corp. 2628 Three Mile Rd. N. Traverse City, Ml 49686

              Community Mortg Svcs 24275 Northwestern Hwy Ste. 201, Southfield, Ml 48075

              Fidelity Bank 100 East English, Wichita, KS 67201



                          ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday. October 4. 2001, does hereby order that the
following structure(s) located at 1420 Getty St. (Garage Only) 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 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 on November 13, 2001, 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:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA 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.



                                            FOR THE HOUSING BOARD OF APPEALS:



                                               bert B. Grabinski Fire Marshal/Inspections




F:\INSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
HBA Minutes I 0/0 I



she coul   ot be here today. Mr. Grabinski stated that since the structure is
secured he     sn't have a problem with her request.

Staff recommendat,     Table the case for 30 days to allow Ms
represent her property    e board.

Motion: Motion made by John Wa
staff's recommendation.

A roll cal vote was taken:

AYES:                                    EXCUSED:
Greg Borgman
Randy Mackie
John Warner
Jerry Bev
Fred · sen

The motion carried.

DANGEROUS BUILDING NEW CASES:

Case #01-025-1420 S. Getty St. (Garage Only)- James Gutierrez, 1420 S.
Getty, Muskegon

No one was present to represent this case. Mr. Grabinski gave a history. This
case was forwarded by the police department.

Staff recommendation: Declare the structure a dangerous building, unsafe, a
public nuisance, substandard and forward the case to the City Commission for
concurrence.

Motion made by Randy Mackie, supported by John Warner to support staff's
recommendation.

A roll cal vote was taken:

AYES:                 NAYES:             EXCUSED:            ABSENT:
Greg Borgman                                                 Clinton Todd
Randy Mackie                                                 Nick Kroes
John Warner
Jerry Bever
Fred Nielsen

The motion carried.




                                      4 of8
                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: October 31, 2001


       1420 Getty St. (Garage Only)
       (Address of Property)


TO:    All owners and interested parties:

       James Gutierrez. 1420 Getty St. Muskegon. Ml 49442
       (Name of Owner)

       Community Mortgage Svcs. 24275 Northwestern Hwy Ste.201 Southfield. Ml 48075

       American Financial Mortgage Corp. 2628 Three Mile Rd.N. Traverse City. Ml 49686

       Fidelity Bank. 100 East English. Wichita, KS 67201



On October 4, 2001, 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 November 13, 2001, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13,
2001 , at the Muskegon City Hall, 933 Te1rnce Street, Muskegon, Michigan, with counsel, if you
desire, to present any revclcnt evidence and arguments concerning the decision to demolish the
above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,

                                     FO       fil~lI];S
                                     By_---,1~------------~
                                     Robert . Grabinski, Director oflnspections



F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
DATE:               October 29, 2001

TO:                 Honorable Mayor and Commissioners

FROM:               Robert Grabinski /Director of Inspections

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 99-39 Address: 896
                    Pine SI.


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
896 Pine St. 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: 99-39, 896 Pine St., Muskegon, Ml

Location and ownership: This structure is located on Pine Street between E.
Walton & E. Muskegon Ave. It is owned by Leath Furniture of Atlanta, Georgia.

Staff Correspondence: A dangerous building inspection was conducted on
7/30/98, A notice and order to repair or demolish was issued on 8/11/98. HBA
ordered demolished 12/99. Because of confusion with the correct address of the
structure, it was brought before the HBA again 12/00. It was ordered demolished
on that date, but the property owner notified was incorrect. It was again brought
before the HBA 10/01 with correct owner being notified and the HBA ordered
demolished.

Owner Contact: There has been no contact from Leath Furniture.

Financial Impact: To be paid with CDBG funds.

Budget action required: None

State Equalized value: $13,700

Estimated cost to repair: $5,000 exterior. Interior costs unknown.

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 13, 2001.

F:\lnspections\Grabinski_. Lorraine\Word\CC MEETINGS\Agcnda 896 Pine.doc   page 1 of 1
      ./

/ /   .    '   ~       ~
                   0
             .   --




--==----------




                 .    .




 ~ 9~ l) I tJC s.\.
  ~ensus it"2.
           C
/   J~rbor Title
                       955 West Broadway
                       Muskegon, MI 49441

                                                        Title Search
                                                                                                     Case No.:100121582
                                                                                                       September 27, 2001

    I.   Beginning Date: 8/1/49, at 8:00 A.M.

         Please See Attached Liber 905, Page 405, 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
         8/31/2001, at 8:00 A.M.

                                                           Documents
                           Deeds:                                                                Mortgages:
               Liber 573, Page 323                  Liber 905, Page 405                             n/a
               Liber 915, Page 310
               Uber 915, Page 311


                                                                Taxes:

                                 Note:
                                 2000 Winter taxes were paid in the amount of:
                                 $564.57.
                                 No 2001 Summer taxes were assessed.
                                 Permanent Parcel No.: 61-24-205-189-0010-00.
                                 2001 State Equalized Value: $13,700.00.
                                 2001 Taxable Value: $10,752.00.
                                 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:

         Leath Furniture

    4.   No search has been made for any instrument, however designated, which has been filed as a financing statement
         pursuant to the Unifonn 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 pmposes only and not
         relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
         paid for this information.                                               ".     d            ~·;        ·l




                                                                           ,;:f,/l       ,,,   .f1 A 1// .,,-
                                                                          /'/I/   C·1/   C     ///  f"~-
                                                                      /    ark A. Wypa
               DANGEROUS BUILDING INSPECTION
                          07/30/98

                        -PINE STREET    Z)Q_ ~ ~~ ~ L
1. METAL SIDING PROTRUDING OFF NORTH SIDE OF BUILDING.
2. ROTTED WOODEN SIDING THROUGH TO THE LATH ON NORTHSIDE.
3. FOUNDATION FAILING ON NORTHSIDE OF BUILDING. BRICK FALLING
   OUT.

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 FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




           I
 \fflrmal1ve Action
'61f 172•t.6703
                                                      MUSKEGON
 \ssessor
6161724-6708



Cemetery
6161724-6783



Civil Service                                         West Mlchlgan's Shoreline City
1il6172+6716

                                                          NOTICE AND ORDER
Clerk
H161724-6705
                      August 11, 1998

C. :"l. Services
6161724•6717
                      Leath Realty
                      375 N. Ridge Road, Ste. 400
Engineering           Atlanta, Ga 30350
6\61724-6707


                      Leath Furniture Depot
Finance
6161724·6713
                      896 Pine
                      Muskegon, Mi. 49442
Fire Depl.
fi I6172-J.6792       Dear Property Owner:

!ncome Tax            Subject:                        902 Pine (Commercial Building)
616172 • -6770                                        Lots 11, 12 & 13, Block 189

lnspecllons           The City of Muskegon Building Official has recently inspected the subject property and has
6161724-6715          found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
                      Code.
Leisure Service
6161724-6704
                      As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
                      structures within thirty (30) days.
\lana~er's Office
U161724·6724
                      If you elect to repair the structures, you must secure all required permits and physically
                      commence the work within thirty (30) days from the date of this order.
\1ayor's Office
G16172--t-670 I
                      Should you have any questions concerning this matter, please do not hesitate to contact our
l'lanning/Zonini.:
                      Building Official, Jerry McIntyre at 724-6715.
6 I lil72+6702

                      Sincerely yours,
Police Dept.
U16172+6750



Public Works          Daniel Schmelzinger
GI !l/726•4786
                      Director, Neighborhood and Construction Services

Treasure!'
ll I H/724-G720



Willer Dept.
H 161724•6718



                            City of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon. Michigan 49443·0536
                             CITY OF i\llJSKEGO:\
         CITY OF i\lUSKEGO:\ HOUSING (BUILDli\'.G) BOARD OF APPEALS


                           ORDER TO DEI\IOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on December 7, 20 00, does hereby order that the following structure(s) located at
902 Pine (Warehouse). 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.

Lots 11 through 16, inclusive, Block 189, revised plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of plats, page 71, Muskegon County Records. More commonly known as:
902-908 Pine St., Muskegon MI 49442

        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, ifit 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 concnrred with by the City Commission.

                   NOTICE TO O\VNER 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 concuITed.

       The City Commission may concur with this order, or disapprove or modify the order.


                                               FORTH~~~,s:


                                               Robert   . Grabinksi, Fire Marshal/Inspection Services

                                               Dated: _ _1_l___sc2=-+-,/_1,_,1_ _ _ _ _ _ _ , 2000

F:l!NSPECTIONSIEVERETTIHBA MEETINGSIORDER TO DE_tvl?LJSH.DOC
I
        /
                 D0t /2)
    /
    ,
                       No one attended meeting. Permit was voided due to confusion of informatio        the permit and
I                         lack of inspections that was requested by the Inspection Departme . otion made by
                       Mack:i , up ported by Wamer to support staff recommendation
                       Arthur unsa substandard, a public nuisance and forwar
                                                                                          eclare structure at 1282
                                                                                     e City Commission for
                       concurrence. A r     all vote was taken:

                       AYES                     NAYS                 ABSENT                        EXCUSED

                       Robert Johnson           None                   "lliam Anderson             Greg Borgman
                       Randy Mackie
                       John Warner
                       Clint Todd
                       Fred Nielse

                       T      motion carried.

            ·•         #99-39 - 902 PINE - LEATH REALTY CO, 375 N. RIDGE, STE. 400, ALANTA, GA

                       No one present for meeting. Permit that was pulled in Sept. of 98 was voided because of no
                       inspections. Robert Grabinski stated that it looks as if work has been performed. Motion made
                       by Warner, supported by Mackie to support staff recommendation to declare structure at 902
                       Pine unsafe, substandard, a public nuisance and forward to the City Commission for
                       concurrence. A roll call vote was taken:

                       AYES                     NAYS                 ABSENT                        EXCUSED

                       Robert Johnson           None                 William Anderson              Greg Borgman
                       Randy Mackie
                       John Warner
                       Clint Todd
                       Fred Nielsen

                       The motion carried.



                       No one present at meeting.        se, no inspectio        permit, looking in the window some
                       (little) work completed. Motion made 01'--A:llieRte, supported by Warner to support staff
                       recommendation to declare structur       27 o         ok unsafe, substandard, a public nuisance and
                                                       for concurrence. A ro         ll vote was taken:

                       AYES                     NAYS                 ABSENT                        EXCUSED

                                 Johnson        None                 Willian1 Anderson             Gr    Borgman
                              dy Mackie
                           John Warner
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: September 25, 2001

Address of the Prope11y:      896 Pine St. Muskegon, Michigan

Description of the Structure: Lot 10, Block 189


TO:    Leath Furniture Inc. 4370 Peachtree RD NE, Atlanta, GA 30319
       [Name & Address of Owner]

       None
       Names & Addresses of Other Interested Pm1ies]



        Please take notice that on Thursday, October 4, 2001 , 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 detennined 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on 8/11/98. ·

       At the hearing on Thursday, October 4 , 2001 , 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.




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORO\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
             1\.dllU) l\.ld.1...n,..i\... , 0L•ppvlL\...U V)   ...._,,_Lu~,.n,   ,. ~~·-·, ---··---   _
\'L/oo       uns,1fe, a public nuisance and to forward the case to the City Commission in 60 days if the Dobbins
             do not take the property back and statt repairs. If the Dobbins decide to take back the propeny .rnd
             commence work on the repairs needed, the case will not be forwarded to the City Commission. :\
             roll call vote was taken:

            AYES:                                                 NAYES:                                  EXCUSED:       ABSENT:
            Greg Borgman                                                                                  Fred Nielsen   William Anderson
            John Warner
            Randy Mackie
            Clinton Todd
            JenyBever

             The motion carried.

            REVIEW CASE:             Item # 1. Case # 99-39 - 902 PINE ST. - Charlott Gustafson &
            PaulineLisky, 2865 S. Deerwood Dr., Twin Lake MI 49457.
            Greg Borgman asked Bob Grabinski to give a little history on this case. Grabinski stated that Leath
            Furniture previously owned the property. If you recall, you have already declared the building a
            dangerous building, However, since then, the building was sold and in an effort to give the new
            owners a chance to do something. However I am not aware of any contact with owners for this
            property. Cathy Everett stated that the new owners came into the Inspections office and told us
            that it was not their property. That is why there are copies of the deed in your packet. They are
            from the assessor's - equalization office and the deed clearly states the legal description that this
            warehouse is located. It also states that Ms. Lisky and Ms. Gufstafson are the owners. Greg
            Borgman said he wished that more people could see this stuff that happens like this, people buy
            parcels like this because the majority of the cases this is what happens. Oh they don't wane to make
            claim to it. We get so much of this that's why they run scared. We get a lot of this.

            Grabinski stated that staff recommended declaring the building dangerous and a public nuisance.
            We will notify the new owner of that and see if they do anything then.

            John Warner asked if the owner's are occupying the warehouse. Grabinski said no, but they are
            occupying the new antique store. Everett stated again that the owner believes the warehouse is not
            their property. Don Labrenz stated that it was for sale by Prudential right now. Grabinski stated
            that we would notify Prndential as well and    if we get a reply.            sec
           Joh~ Wa,:ner, snpponed by Randy Mackie made .           .                    . .
           public nuisance and forward to the City C,    . '.' moft1on to declare the bnildmg dangerous ,I
                                                    omrruss1on or concurrence. A roll ca.II vote . .'1-
           AYES:                                                                                    was t,1'<'11:
                                         NAYES:                  EXCUSED:
           Greg Borgman                                                                   ABSENT:
          John Warner                                            Fred Nielsen
                                                                                          Willi,un Anderson
          Randy Mackie
          Clinton Todd
          JenyBever

          The motion carried.

         New Case:      Item #6.
                                 Case # 00-72 - 485 E APPLE USA HUD         h
         \'v'ashington DC 20024                            -        , 451 7' St. SW

         No one attended the meeting to represent this case G .. . .                   . .
         offered the owner an opportunity ton ak h         : tabmsk.t s_tated that this IS a new case. W<'
         gone back to HUD. We have not had1 et e repam,h\'(h/e sent It on 10/31/0o It appears this h IS
             1 f         .         '          any contact wit t e ,            d           h                •.
         app )'. or pcrnuts or commence work on the re airs       O'C\ners an no one as attempted to
         buildmg dangerous. and a nublic nnionrp onrl                                   ir,,w:.J~:~e!~r_e_
                                                                       St,:ff r,eco,1;un';,1ds dccbrin& this
                         CITY OF MUSKEGON
        CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:         October 8, 2001

To:           Leath Furniture Inc. 4370 Peachtree Rd NE. Atlanta. GA 30319
              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 4. 2001, does hereby order that the
following structure(s) located at 896 Pine St. 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 on November 13. 2001. 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\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 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.



                                           FOR THE HOUSING BOARD OF APPEALS:



                                                ert B. Grabinski Fire Marshal/Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
HBA Minutes I 0/0 I



Case# 99-39 - 896 Pine St. - Leath Furniture, 4370 Peachtree Rd. NE,
Atlanta, GA 30319

No one was in attendance to represent this case. Mr. Grabinski gave a history of
the case. It is a vacant piece of property. We have not heard back from the
owner. It is back before the board because the address was previously noted as
902 Pine, which is the Antique store. We now have the correct address and
have notified the appropriate party.

Staff recommendation: To declare the structure substandard, unsafe, a
dangerous building, a public nuisance and forward the case to the City
Commission for concurrence.

Motion: Jerry Bever, supported by John Warner, made a motion to support staff's
recommendation.

A roll cal vote was taken:

AYES:                 NAYES:                 EXCUSED:               ABSENT:
Greg Borgman                                                        Clinton Todd
Randy Mackie                                                        Nick Kroes
John Warner
Jerry Bever
Fred Nielsen

The motion carried.

Case #01-014-1878 Smith St. -Alan & Delores Blood, 2170 Becker Rd.,
 uskegon

                s present to represent this property. She stated           they had not
received any p       rwork until the notice for the HBA heari . They have been
working on the prop         inside and out and their int       n is to repair it and then
either rent it out or sell.       rabinski stated be      se of their address change,
and not receiving the Notice an        rder to r    1r he would like to give them time
to come into the office and see the 11         epairs needed to be done.

Staff recommendation: Table s case for 30 da         allow owners time to come
                           e and schedule interior in

Motion: Motion   ae by Randy Mackie, supported by John Warn
             endation.

         I vote was taken:




                                          6 of 8
                     NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: October 31, 2001


        896 Pine St.
        (Address of Property)


TO:    All owners and interested parties:

       Leath Furniture Inc. 4370 Peachtree Rd NE, Atlanta. GA 30319
       (Name of Owner)

       None
       (Other interested parties)



On October 4, 2001, 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 November 13, 2001, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13,
2001 , 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.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
                                     FOR THE HOUSING BOARD OF APPEALS




F:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC             -
DATE:              October 31, 2001

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#: 01-038 Address: 1113
                   Williams


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
1113 Williams 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: 01-038, 1113 Williams, Muskegon, Ml

Location and ownership: This structure is located on Williams St. between Wood
and Scott. It is owned by Teresa London of 774 Amity Avenue in Muskegon.

Staff Correspondence: A dangerous building inspection was conducted 7/23/01,
a notice and order to repair or demolish was issued 8/1 /01, a notice of HBA
hearing was sent 9/25/01. Order by HBA to demolish was sent 10/8/01.

Owner Contact: There has been no contact from owner.

Financial Impact: To be paid with CDBG funds.

Budget action required: None

State Equalized value: $13,700

Estimated cost to repair: $5,000 exterior. Interior costs unknown.

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 13, 2001.




F:\lnspections\Grabinski_Lorrnine\Word\CC MEETINGS\Agend.i 1113 Williams.doc   page 1 of I
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,r:,,-1.~arbor Title
                           955 West Broadway
                           Muskegon,MI49441
                                                          Title Search
                                                                                                    Case No.: 100120992
                                                                                                            July 31, 2001

       I.    Beginning Date: 8/27/99, at 8:00 A.M.

             Please See Attached Liber 2282. Page 640, County Records, for Legal Description:

       2.    We have searched the records in the office of the Register of Deeds for County, Michigan covering the subject
             prope11y, and find the following conveyances and undischarged encumbrances, from said beginning date to
             6/22/2001, at 8:00 A.M.

                                                             Documents
                               Deeds:                                                             Mortgages:
                        Liber 2282, Page 640            Liber 3071, Page 587                        NONE
                        Liber 3087, Page 553
                        Liber 3139, Page 79

                                                                  Taxes:
                                     Proof of payment of delinquent water/sewer usage bill, due
                                     and payable to the City of Muskegon Treasurer in the
                                     amount of$64.87, if paid by August 31, 2001.

                                    Proof of payment of civil infraction fees, due and payable
                                    to the 60th Muskegon County District Court in the amount
                                    of $84.00.

                                    Proof of payment of invoice fees, due and payable to the
                                    City of Muskegon Treasurer in the amount of $269.85.

                                    Payment of the 2000 delinquent taxes, due and
                                    payable to the Muskegon County Treasurer in the
                                    amount of$689.65, if paid by August 31, 2001.

                                    Note:
                                    Permanent Parcel No.: 61-24-205-078-0001-00.
                                    2001 State Equalized Value: $13,700.00.
                                    2001 Taxable Value: $13,700.00.
                                    Non-Homestead Property.

   3         We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of County,
             Michigan, against:

            - Teresa London

   4.        No search has been made for any instrument, 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.
                                CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                    1113 \Villiams St.

                                         7/23/01


Inspection noted:

I.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or cei1ificates of occupancy will be
       issued.

2.     Roof covering on home severely deteriorated. Shingles need to be stripped to
       investigate any sheathing or rafter damage.

3.     Numerous broken out windows.

4.     Paint severely peeling on home siding, windows, and sills.

5.     Steps and guardrails unstable - not to code.

6.     Home is vacant and open.


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.




          AL TINOWSKI, BUILDING INSPECTOR




F:\lnspections\C;rabinski_Lmrninel\Vorc!IDANGEROUS BUILDING INSPECTION
REl'ORTS\STANDA!Ul FORMS\DB INSPECTION REPORT FORM.doc
                                                                   r


                                        CITY OF MUSKEGON

            NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          August 1, 2001

       Address of the Property:    1113 Williams. Muskegon. Michigan

       Description of the Structure:     N ½ Lot 1 Blk 78

      TO:      Teresa London. 774 Amity, Muskegon, Ml 49444
               [Name & Address of Owner]

               Equivest Limited Partnership, P.O. Box 4010, East Lansing, Ml 48826

              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 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 a_nd a nuisance
are listed in the attached schedule.




      F:\lnspcctions\Grabinsk i Lorraine\ Word\ST ANDA RD FORMS\lnspections Department Notice
      and Order.doc·

                                             Pagc1of3
                                 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 1113 Williams St. 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



                                                    bert B. Grabinski, Fire Marshal/Inspections
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: September 25, 2001

Address of the Property:      1113 Williams, Muskegon MI

Description of the Structure: N ½ Lot I Blk 78


TO:    Teresa London, 774 Amity, Muskegon, MI 49444
       [Name & Address of Owner]

       Eguivest Limited Partnership, P.O. Box 4010, East Lansing, MI 48826
       Names & Addresses of Other Interested Parties]



        Please take notice that on Thursday, October 4, 2001 , 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, 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on 8/1/01.

       At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Tetnce 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.




                                             rt B. Grabinski, Fire Marshal/Inspection Services




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          October 8, 2001

To:            Teresa London, 774 Amity. Muskegon, Ml 49444
               Owners Name & Address


               Equivest Limited Partnership, P.O. Box 4010. East Lansing, Ml 48826
               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 4, 2001, does hereby order that the
following structure(s) located at 1113 Williams 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 on November 13, 2001, 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.



                                           FOR THE HOUSING BOARD OF APPEALS:




F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
Case #01-038 - 1113 Williams - Teresa London, 774 Amity, Muskegon

No one present to represent this case. Mr. Grabinski gave history. The structure
is boarded, no contact from owner. It has recently been sold through ReMax, but
we have had no contact from the new owner.

Staff's recommendation: To declare the structure substandard, a dangerous
building, unsafe, a public nuisance and forward to the City Commission for
concurrence.




 Motion: Randy Mackie, supported by John Warner made a motion to accept
 staff's recommendation.
                                         EXCUSED:            ABSENT:
 AYES:                 NAYES:
                                                             Clinton Todd
 Greg Borgman                                                Nick Kroes
 Randy Mackie
 Fred Nielsen
 John Warner
 Jerry Bever

 The motion carried.

 Old Business:

  New Business

  Meeting adjourned at 6:30 P.M.
                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: October 31, 2001


       1113 Williams
       (Address of Property)


TO:    All owners and interested parties:

       Teresa London, 774 Amity, Muskegon, Ml 49444
       (Name of Owner)

       Equivest Limited Partnership, P.O. Box 4010, East Lansing. Ml 48826




On October 4 2001, 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 November 13, 2001, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on November 13,
2001 , 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.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,

                                     F       6li~onl~s
                                     By_ _.,.__ _ _ _ _ _ _ _ _ _ _ _ _~
                                     Robert B. Grabinski, Director of!nspections




F:\INSPECTIONS\GRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC             -
DATE:               October 29, 2001

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#: 01-019 Address: 181
                    E. Walton.


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
181 E. Walton 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: 01-019, 181 E. Walton, Muskegon, Ml

Location and ownership: This structure is located on Walton between Murphy
and Rathborne Streets. It was owned by Lance May of 1657 New St.,
Muskegon, Ml, but was taken over by state(DNR) for back taxes.

Staff Correspondence: A dangerous building inspection was conducted 5/8/00
and a notice and order to repair or demolish was issued 5/10/00. Home was
boarded 1/01 and another dangerous building inspection was conducted 4/13/01.
A notice and order to repair or demolish was issued 4/30/01 and a notice of HBA
hearing was issued 9/24/01. On 10/4/01 HBA ordered demolished.

Owner Contact: There has been no contact from owner.

Financial Impact: Demolition will be funded with CDBG funds.

Budget action required: None

State Equalized value: $4,800

Estimated cost to repair: $1,500 exterior. Interior costs unknown.

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 13, 2001.



F:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\Agencta 181 E. Walton.doc   page I of I
    0

0
\ ~ \ E. W a.\ tof\
    C. e.nsus' r 3




           __
            ,
           -·

For The Inspection Dept.                              410879
City of Muskegon
                      FROM CITY ASSESSOR'S RECORDS

OWNER       Lance May
PROPERTY    181 E. Walton
PLATE#      03123
DESCRIPTION         Lot 1, Blk 206
              FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER:      1866
PAGE:       233
DATE OF DEED:       November 14, 1995
GRANTOR:    Ethel Woods
GRANTEE:    Lance D. May
LIENS OR MORTGAGES: None

DATE:    April 20, 2000 at 8:00 AM


ABSTRACTED BY:
TRANSNATION TITLE       NSURANCE
The above information is to be used for reference purposes o.nly 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.
                                                                                      File Number - 410879

                      TRANSNATION TITLE INSURANCE COMPANY

                                                  TAX REPORT
                          Affecting land in Muskegon County, Michigan
                                     described as follows:

       Lot 1, Block 206 of the Revised Plat (of 1903) of the City of Muskegon as
       per plat of record.

Permanent Property No. 61-24-205-206-0001-00
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the City of Muskegon after said information has been received by the Treasurer in the form of an
assessment roll. This report also includes, but without any representation by Transnation Title Insurance
Company as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if
any, are not included in this report.


CITY OR VILLAGE TAXES
          No 1999 Summer taxes.
STATE AND COUNTY TAXES
  1.          1996    County   tax   due   in   the   amount   of   $584.70   if   paid   by   May   31.   2000.
  2.          1997    County   tax   due   in   the   amount   of   $924.01   if   paid   by   May   31.   2000.
  3.          1998    County   tax   due   in   the   amount   of   $588.24   if   paid   by   May   31.   2000.
  4.          1999    County   tax   due   in   the   amount   of   $361.97   if   paid   by   May   31.   2000.
TAX SALES
             State Equalized Value $4,800.00.
             Taxable Value $4,504.00.
             NOTE:     No Homestead filed.
             NOTE:    Special Assessments. Invoices and Infractions were not
                      checked.


  MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
               c .\.:tlon
            0 .. !)J

          !1.J! I-'                                          MUSKEGON
  .I! 7:_:,l-{,".'08
 FAX. ~16-5181

 Ccmttery
 2Jl!724-678J
 F.-\X, 726--5617

 Chil Service
 2311724-6716
 FA..'<112~05                                                West Mkblgan's Sborellne Oty
 Clerk
 231n24-61os
 FAxn24-t 178
                                            DANGEROUS BUILDING INSPECTION REPORT
Comm. & '.'lielgh.
   Senku
23117?-1-6717                                                    181 EWALTON
FAX/726--2501
                                                                     5/8/00
Engineering
23tn24-6707
FAX/727.{i904

Finance
                             Inspection Noted:
2311724--6713
FAxn24-6768
                             1.    Front porch door missing.
Fire Dept                    2.    Home has been boarded up past ordinance.
231/724-6792
FAXJ724-6985

Income Tax
                            -3)~ ',"'( t0S f¥--i\t it1~    t'._fL'\_I__.\. L
                                                                           .Q_-f..e:l -   -rr,,,::l't,__   ::\=iJS~(),
231/724----6770
FAX/724-{;768
                             BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
 Info. Systems               HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
 231/724-6744
.FA..X/722-4301              DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
                             MUSKEGON CITY CODE.
Lehure Service
231/724-6704
FA..X/724--1196

Manager's Office                    allinowski, Building Inspector
231/724--6724
FAX/722·12l4

-'layor's Office
2Ji/7z.l.{i701
FAX/722-1214                                                                                                 Dale
Inspection Services
231/724-6715
FAX1726-2501

Planning/Zoning
Bl/724--6702
F.-\.X/724--6790

Police Dept.
231/724--6750
FAxn22•5140

Public Works
231/724-4I00
FA..Xr122-4188

Treasurer
23 !1724-6720
FAXf714--6768

Water Bllllng Dept,
231/724--6718
FAX/714.{i768

Water Fll!r • tlon
2Ji1724---4!06
FAX,75S.5290


                                    City of ~luskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536         I
                                                                                                                         /
 -\U1rmatf,·t .-\~tlun
 1.11 n.u :oJ
 F.\.l:. ·;:;2-121·-l                                        MUSKEGON
 \~il'~~or
 Bl 72-i-6'.'08
 F.-\.\'..726--5181

Cemetery
2311724-6783
F.-\X/726--5617

CMI Sen·lct
2J I i724-6 7 I 6
FAX1724-1405                                                  West Mlcblgan's Shorellne aty
Clerk
231/72-1-6705
FAX/724-1178                                                 NOTICE AND ORDER
Comm, & :'\elgh.
     Services
231/724-6717
FAX1726-2501             May 10, 2000
Engineering
231/724-6707            Lance May
FAX1727-6904
                        3079 Spring Dr.
Finance                 Freemont Ml 49412-6504
231/724-6713
FAX1724-6768

Fire Dept.
                        Lance May
231/724-6792            982 Amity
FAX1724-6985
                        Muskegon Ml 49442
Income Tax
2)1/724-6770
FAX1724-6768            Lance May
Info. Systems
                        181 E Walton
231/724-6744            Muskegon Ml 49442
FAX/722-4301

Letrnc,Smie,            Dear Property Owner:
231/724-6704
FAX/724---1196
                        Subject:      181 E Walton
;\tanager's Office
lJl/724-6724                          LOT 1 BLK 206
F.-\X/722-121-'

,1s,oc·, omee The City of Muskegon Building Official has recently inspected th.e subject property and
!'~~:;1·,~;;;,          has found the buildings to be dangerous as defined under Section 4-23 of the
                        Muskegon City Code.
Inspection Sen·kes
231/724-6715
r,X1n6- 25 o1           As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
P\soolog/Zoolog         structures within thirty (30) days.
2)1/724-6702
F.-\X/724-6790
                        If you elect to repair the structures, you must secure all required permits and physically
Police Dept.
2)1/724-6750            commence the work within thirty (30) days from the date of this order.
FAX/722-51-'0

Public \Vorks           Should you have any questions concerning this matter, please do not hesitate to contact
231/724-4100
FAX/722-4188
                        our Building Official, Jerry McIntyre at (231) 724-6715.

rnm,_
Treasurer
           6720
F \X/72 4-6 768
                        ~
                        ncereI     Dd
                             Y. o rs •
                                               ...

""""•illogOepR             bert B. Grabinski
mm,-671,                Fire Marshal/Inspection Services
FAX/724-6768

Waler Filtration
2Jl/724-U06
F.-\X/755-5290


                                    City of :\luskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                               CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                   181 E. WALTON

                                         4/13/01


Inspection noted:

I.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building).

2.     Front porch door missing.

3.     Home has been boarded up past the ordinance.

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.




          AL TINOWSKI, BUILDING INSPECTOR




F:l!nspcctions\Everett\\VORDIDANGEROUS BUILDING INSPECTION REPORTS\!81 E Walton.doc
                                           CITY OF MUSKEGON

          NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          April 30, 2001

       Address of the Property:        181 E Walton, Muskegon, Michigan

       Description of the Structure: Lot 1 Block 206

       TO:     Lance May 1657, New Street, Muskegon MI 49442
               [Name & Address of Owner]

               State of MI DNR (Realestate Div), PO Box 30448 Lansing MI 48909
               [Names & Addresses of Other 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 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 pennits 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
                              pennits. 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 strnctures to be dangerous, substandard and a nuisance are listed in
the attached schedule.




       F:\Inspections\Evcrctt\ WORD\STANDARD FORMS\lnspections Department Notice and
       Order.doc        ·

                                                   Pagelof3
                                   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 181 E WALTON, 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


                                                   By_'.'.~)f..,.1..:bU:/...,,.&~~~-------
                                                    Rob rt B. Grabinski, Fire Marshal
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date:   September 24, 200 I

Address of the Property:      181 E. Walton, Muskegon, Michigan

Description of the Structure: Lot I Blk 206


TO:     Lance May, 1657 New St. Muskegon, MI 49442
        [Name & Address of Owner]

        State of MI DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml, 48909
        Names & Addresses of Other Interested Parties]



        Please take notice that on Thursday, October 4, 2001 , 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 detennined 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Depaitment
011 4/30/01.


       At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 TeITace 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:IINSPECTIONS\GRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          October 8, 2001

To:            Lance May. 1657 New St. Muskegon. Ml 49442
               Owners Name & Address


               State of Ml DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml 48909
               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 4. 2001, does hereby order that the
following structure(s) located at 181 E. Walton 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 on November 13, 2001, 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:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANOARD 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.



                                           FOR THE HOUSING BOARD OF APPEALS:



                                              bert B. Grabinski Fire Marshal/Inspections




F:IINSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
I-IBA Minutes I 0/0 I



AYES:                   NAYES:             EXCUSED:             ABSENT:
Greg Borgman                                                    Clinton Todd
Randy Mackie                                                    Nick Kroes
Fred Nielsen
John Warner
Jerry Bever

The motion carried.

Case# 01- 019 - 181 Walton, Lance May, 1657 New St., Muskegon

Mr. Grabinski stated that the owner, Mr. May, has not talked to the Inspection
Office and he believes this is going to be a tax reverted property this year. At this
point, no interior inspection has been done. From the outside there is not a lot
done. However, the city had to board it because of vandals running from police
and hiding in the house.

Staff Recommendation: To declare the structure substandard, a dangerous
building, unsafe, a public nuisance and forward to the City Commission for
concurrence.

Motion: Jerry Bever, supported by Randy Mackie, made a motion to support
staff's recommendation.

A roll cal vote was taken:

AYES:                   NAYES:             EXCUSED:            ABSENT:
Greg Borgman                                                   Clinton Todd
Randy Mackie                                                   Nick Kroes
Fred Nielsen
John Warner
Jerry Bever

The motion carried.

Case #01-038 - 1113 Williams - Teresa London, 77 4 Amity, Muskegon

No one present to represent this case. Mr. Grabinski gave history. The structure
is boarded, no contact from owner. It has recently been sold through ReMax, but
we have had no contact from the new owner.

Staff's recommendation: To declare the structure substandard, a dangerous
building, unsafe, a public nuisance and forward to the City Commission for
concurrence.




                                        7 of 8
                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: October 31, 2001


       181 E. Walton
       (Address of Property)


TO:    All owners and interested parties:

       Lance May, 1657 New St. Muskegon, Ml 49442
       (Name of Owner)

       Stale of Ml DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml 48909
       (Other interested parties)



On October 4, 2001, 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 November 13, 2001, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13,
2001 , al the Muskegon City Hall, 933 Tenace Street, Muskegon, Michigan, with counsel, if you
desire, to present any revelent evidence and arguments concerning the decision to demolish the
above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
                                     FOR     HOUSING BOARD OF APPEALS


                                             IM~~.
                                     By_ _ _ , f - - - - - - - - - - - - - - - - ~
                                     Robert . Grabinski, Director oflnspections




F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
DATE:                October 31, 2001

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 #:01-042 Address: 2463
                    Lakeshore Dr.


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
2463 Lakeshore Dr. 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: 01-042, 2463 Lakeshore Dr. Muskegon, Ml

Location and ownership: This structure is located on Lakeshore Dr. between
Lincoln and Clifford St. It is owned by Option One Mortgage.

Staff Correspondence: A dangerous building inspection was conducted on
8/21/01. A notice and order to repair or demolish was issued 8/27/01, a notice of
HBA hearing was sent 9/24/01. HBA ordered demolished on 10/4/01.

Owner Contact: This property has been foreclosed on and a representative from
Trott & Trott was present at the October HBA meeting to represent Option One.
He stated that Option One was in the process of taking bids for repair and
mowing of the property, but there is a gray area for the mortgage company. On a
foreclosure the mortgage company has no rights, except securing the building,
during the redemption period.

Financial Impact: This demolition would be funded from General Funds.

Budget action required: None

State Equalized value: $29,800

Estimated cost to repair: $35,000

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 13, 2001.
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