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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 26,2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Transfer Request- TPWS. Inc., 157 S Getty. CITY CLERK
C. Budgeted Vehicle Replacement- Wheel Loader. PUBLIC WORKS
D. Rezoning Request for Properties Located at 2360 S. Getty Street.
PLANNING & ECONOMIC DEVELOPMENT
E. Request for an Encroachment Agreement. ENGINEERING
o PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
B. Request to Issue an Obsolete Property Certificate - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
C. Spreading of the Special Assessment Roll: 2005 Sidewalk Program (W-
6) & 1114 Wood Street. ENGINEERING
o COMMUNICATIONS: Great Lakes Naval Memorial and Museum request for
letter of support for building of new museum in Muskegon.
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Request to Pay Police Officers' Legal Fees. CITY MANAGER
B. Purchase Agreement Between the City of Muskegon and the
Downtown Muskegon Development Corporation for Downtown
Redevelopment Right-of-Way. PLANNING & ECONOMIC
DEVELOPMENT
C. Development and Reimbursement Agreement Between the City of
Muskegon. the Brownfield Redevelopment Authority and the Downtown
Muskegon Development Corporation. PLANNING & ECONOMIC
DEVELOPMENT
D. Selection of Siding Supplier for Fiscal Year 2005-2006. COMMUNITY &
NEIGHBORHOOD SERVICES
E. Selection of Siding Contractors for Fiscal Year 2005-2006. COMMUNITY
& NEIGHBORHOOD SERVICES
F. Authorization to Negotiate Construction Contract for the Mall Re-
Development Project. ENGINEERING
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 227 Southern
2. 1538 Hudson (Area 12)
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)> Reminder: Individuals who would like to address the City Commission shall do the following:
:> Fill out a request to speak form attached to the agenda or located in the back of the room.
)> Submit the form to the City Clerk.
> Be recognized by the Chair.
)> Step forward to the microphone.
)> State name and address.
)> limit of 3 minutes to address the Commission.
)> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
D ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: July 26, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the July 11 1h
Community Relations Committee Meeting and Worksession Meeting,
and the July 121h Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 26, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, July 26, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-65 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 11th Community
Relations Committee Meeting and Worksession Meeting, and the July 121h
Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Transfer Request- TPWS, Inc., 157 S Getty. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc. (Pat's Roadhouse) to transfer
ownership of the 2004 Class C-SDM licensed business with dance-entertainment
permit, outdoor service (1 area), and two bars, located at 157 S. Getty, from BC
Acquisition Company, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval of the
request.
C. Budgeted Vehicle Replacement- Wheel Loader. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 721 D wheeled loader from
West Michigan Power.
FINANCIAL IMPACT: Cost $119,500 less $53,000 for the sale of our old unit. Total
cost of $66,500.
BUDGET ACTION REQUIRED: None. There is $85,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 721 D wheeled
loader from West Michigan Power.
E. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: Parsons on behalf of ExxonMobil Oil Corporation has
filed the encroachment agreement form to install nine monitoring wells in the
public right of way at the following locations:
1. Alley between Miner Avenue and Harrison Avenue located immediately
east of McCracken Street (cluster of 3 wells).
2. Alley between Morton Avenue and Miner Avenue located immediately
east of Moon Street (cluster of 3 wells).
3. Alley between Harrison Avenue and Lakeshore Drive located immediately
west of Moon Street (cluster of 3 wells).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the Consent Agenda as read with the exception of item D.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-66 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Rezoning Request for Properties Located at 2360 S. Getty Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 2360 S. Getty
Street, from B-4, General Business to 1-2, General Industrial.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their July 14, 2005, meeting. The vote was unanimous
in favor of the request with S. Warmington and B. Smith absent.
Motion by Commissioner Davis, second by Vice Mayor Larson to approve the
rezoning request for property located at 2360 S. Getty Street from B-4 General
Business to 1-2 General Industrial.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-67 PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Hairitage Properties LLC, Muskegon, Michigan, has requested the
establishment of an Obsolete Property District. The district would be located at
164 W. Muskegon, Muskegon, MI. Total capital investment for this project is
$200,000. The project will result in the creation of 15 new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 164 W. Muskegon, Muskegon, MI.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 5:45p.m. and establish an Obsolete Property District at 164
W. Muskegon.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
B. Request to Issue an Obsolete Property Certificate - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Hairitage Properties LLC, 164 W. Muskegon, Muskegon, Michigan, has
requested the issuance of an Obsolete Property Certificate for the property
located at 164 W. Muskegon, Muskegon, MI. The building will be rehabilitated to
house a day spa/nail salon. Total capital investment for this project is $200,000.
The project will result in the creation of 15 new jobs in the City. Because of these
new jobs, the applicant is eligible for a 10 year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete
Property Certificate for 164 W. Muskegon, Muskegon, MI.
The Public Hearing opened at 5:46 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing at 5:47p.m. and issue an Obsolete Property Certificate for 164
W. Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll: 2005 Sidewalk Program (W-
6) & 1114 Wood Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for the 2005 Sidewalk Replacement Program and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $140,723.32 will be assessed against 206 parcels.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. Patsy Homan, 2055 Crowley, spoke in opposition of the special
assessment.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:52 p.m. and approve the spreading of the special
assessment roll for the 2005 Sidewalk Replacement Program and 1114 Wood
Street.
ROLL VOTE: Ayes: Spataro, Warmington, Carier, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2005-68 COMMUNICATIONS: Great Lakes Naval Memorial and Museum
request for letter of support for building of new museum in Muskegon.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to instruct the
City Manager to send a letter of support to Great Lakes Naval Memorial and
Museum.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2005-69 NEW BUSINESS:
A. Request to Pay Police Officers' Legal Fees. CITY MANAGER
SUMMARY OF REQUEST: Police Officers Pete Boterenbrood and John Corrigan
have requested that the City reimburse them for legal fees resulting from
criminal charges in April, 2003.
FINANCIAL IMPACT: $5,187.30
BUDGET ACTION REQUIRED: An adjustment to the 2005 General Fund would be
required.
STAFF RECOMMENDATION: To deny the request.
Motion by Vice Mayor Larson, second by Commissioner Davis to reimburse
Police Officers Pete Boterenbrood and John Corrigan for legal fees resulting from
criminal charges in April, 2003.
ROLL VOTE: Ayes: Carter, Davis, Larson, Shepherd, and Warmington
Nays: Gawron and Spataro
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to request
the City Attorney to investigate the bills to be submitted to make sure they
pertain to the criminal matter only.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: Larson
MOTIONPASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to ask for
release of all claims.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Purchase Agreement Between the City of Muskegon and the
Downtown Muskegon Development Corporation for Downtown
Redevelopment Right-of-Way. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Downtown Muskegon Development Corporation
will sell the necessary right-of-way for infrastructure improvements for Western
Avenue and First Street. The appraisal for the property was $475,000. The
Downtown Muskegon Development Corporation has agreed to sell it for
$450,000 and donate the remaining amount. The Purchase Agreement contains
a Donation Agreement.
FINANCIAL IMPACT: The purchase price is $450,000. The City will be using Urban
Land Assembly (ULA) funds for the acquisition. These funds will be reimbursed to
the State of Michigan through Brownfield Tax Increment Financing Tax capture.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize
the Mayor and Clerk to sign the documents necessary to acquire the property
for City right-of-way.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
Purchase Agreement between the City of Muskegon and the Downtown
Muskegon Development Corporation for downtown redevelopment right-of-
way.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
C. Development and Reimbursement Agreement Between the City of
Muskegon. the Brownfield Redevelopment Authority and the Downtown
Muskegon Development Corporation. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Development and Reimbursement Agreement
outlines the responsibilities of each party in regards to the redevelopment of the
former Muskegon Mall site. The signed document is required for the Brownfield
Work Plan, which will be reviewed by the Michigan Economic Development
Corporation on August 1, 2005.
FINANCIAL IMPACT: These impacts are included in the Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development and Reimbursement
Agreement and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Board will
meet on July 26 to consider approval of the document.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to table and
put on the agenda for the Legislative Policy Committee Meeting on Thursday,
July 281h.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
D. Selection of Siding Supplier for Fiscal Year 2005-2006. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
Department selection of the vinyl siding supplier for fiscal year 2005-2006. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey, Muskegon, for the price of $37.65 per
building square for white and $39.94 per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2005-2006 siding fund.
BUDGET ACTION REQUIRED: None required at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
Premier Building Supplies as the siding supplier for fiscal year 2005-2006.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
E. Selection of Siding Contractors for Fiscal Year 2005-2006. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Cutting Edge Construction, 975 Washington, Muskegon, and
Gawlik Construction, 2084 Mary, Muskegon, to install vinyl siding at an agreed
price of $70 per building square for the siding program, 2005-2006 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2005-2006 CDBG Siding
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITIEE RECOMMENDATION: The funding for the siding program was
approved by the Commission during the 2005-2006 allocation period last April.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve Cutting Edge Construction and Gawlik Construction as siding
contractors for fiscal year 2005-2006.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
F. Authorization to Negotiate Construction Contract for the Mall Re-
Development Project. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to negotiate with Milbocker & Sons, the
lowest responsible bidder, a construction contract to construct the infrastructure
within the referenced development without the snowmelt system and related
items from the bids which were received on the 8th of July, 2005. The removal of
that system will result in a base bid reduction of $821 ,082.40 plus a possible
reduction in the unit process of other items within the contract that maybe
impacted by the snowmelt system. If authorized, staff's recommendation and
final numbers will be brought to the Commission at a later date for a decision.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to negotiate with Milbocker and Sons
since they were the lowest .responsible bidder with or without the snowmelt
system.
Motion by Commissioner Spataro, second by Commissioner Carter to authorize
staff to negotiate the construction contract for the Mall Re-Development Project
with Milbocker & Sons, the lowest responsible bidder.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: Warmington
MOTION PASSES
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 227 Southern and 1538 Hudson. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that these structures are unsafe,
substandard, public nuisances and that they be demolished within thirty 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.
1. 227 Southern
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish 227 Southern.
Motion and second amended to delay enforcement action for 60 days.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2. 1538 Hudson (Area 12)
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 1538 Hudson.
Motion and second amended to table to the August 23•d meeting contingent
upon allowing City staff access to the interior for inspection.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 7:29p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: July 26, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer Request
TPWS, Inc., 157 S. Getty
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from TPWS, Inc. (Pat's Roadhouse)
to transfer ownership of the 2004 Class C-SDM licensed business with
dance-entertainment permit, outdoor service (1 area), and two bars,
located at 157 S. Getty, from BC Acquisition Company, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval of the request.
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 07-12-05
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant TPWS, Inc. (d/b/a Pat's
Roadhouse) of 157 South Getty Street, Muskegon, MI. 49442. The applicants are as
follow: Patrick Bauer, Tracie Conners, and Steven Seng.
TPWS, Inc. is requesting to transfer ownership of 2040 Class C-SDM licensed business
with Dance-Entertainment, Outdoors Service (I area), and 2 Bars, from BC Acquisition
Company, Inc. Patrick Bauer has had no experience in the alcohol service industry but
has been made aware of the Muskegon Police Depmtments position on enforcing local
alcohol laws and ordinances. Tracie Conners has been bartending for many years and
Steven Seng is a current owner of another bar, The Dog House, 1941 E. Laketon. Upon
checking for contacts in CLUES for 1941 E. Laketon I found no alcohol violations within
the last three years.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
f{ \ .
Det. Kuff{ykman
data/common/liquor/TPWS
;78/0&Y'
Mic. .. >Jan Department of Labor & Economic '--, awth
LIQUOR CONTROL COMMISSION
u ·z-a:>
pU4-
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
To: MUSKEGON POLICE DEPARTMENT Date: March 10, 2005
CHIEF OF POLICE REF#: 281064
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml49443-0536
Chief Law Enforcement Officer
Applicant:
TPWS, INC. REQUESTS TRANSFER OWNERSHIP OF 2004 CLASS C-SDM LICENSED BUSINESS
WITH DANCE-ENTERTAINMENT PERMIT, (;?FFICIAL: li'I:~MFf (I'OOEl), OUTDOOR SERVICE (1
AREA), AND 2 BARS, LOCATED AT 157 N. GETTY, MUSKEGON, Ml49442, MUSKEGON COUNTY,
FROM BC ACQUISITION COMPANY, 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, orfor 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 $30.00 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.
LC-1972 Rev. 9/17
4880-1658
sfs
Req ID # 281064
STATE OF MICHJGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH v-z-o5
LIQUOR CONTROL COMMISSION f'fM"
(}fv1v.JDf.O ,~ (21t-LkJC/)
RESOLUTION 7 ,'[s-05
2005-65(b)
At c: _ _R_e_g_u-:-:l_a-=-r---=,......,...,--------- meeting of the __c_i_t=-y--=-C_o-,..m,_m=-i-:s:-:s=-1-·o-:-n::::---:::--,;:-----
c~~qubr or Spa:i;ol) (Township Boatd. Cit)' or Vill>t< Coo.-.:il)
called to order by Mayor Warmington on July 26, 2005 at 5:30 P.M.'
The' following resolution was offered:
Moved by Commissioner Gawron and supported by Commissioner Carter
I
Tba:t the request from TPWS,
INC. TRANSFER OWNERSHIP OF 2004 CLASS C LICENSED BUSINESS
WIT'-i DANCE-ENTERTAINMENT PERMIT, LOCATED AT 157 S. GETTY, MUSKEGON, Ml 49442, MUSKEGON
COUNTY, FROM BC ACQUISITION COMPANY, INC.
be c Jnsidered for Approval
(Appn>nl or Diawn>nll
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
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 City Commission ma ___~R~e~gLU~l~a~r~~~----------
(TOWillhip Boatd, City or Viii>&< Council) (Rqular or Spa:ial)
mee-dng held on July 26, 200;>.
' (Dale)
SEAL
933 Terrace, Muskegon, MI 49440
(Mailinc address of Township. Ci1y of \'ill"8"1
Michigan n8partment of Labor & Economic Growth
POLICE INSPECTION REPORT ON ~
MICHl( LIQUOR CONTROL COMMISSION
.OR LICENSE REQUEST
7150 Harris Drive ;J $'/06r¥
Reg ID # 281064 (Authorized by MCL 436.1217) P.O. Box 30005
Lansing , Michigan 48909-7505 t; -.::J:) rz
~
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: {include zip code)
TPWS, INC., 157 N. GETTY, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TRANSFER OWNERSHIP OF 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE-
ENTERTAINMENT PERMIT, efFIGIAI PERMIT (FOOD:J, OUTDOOR SERVICE (1 AREA), AND 2
BARS, FROM BC ACQUISITION COMPANY, INC.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
PATRICK BAUER- STOCKHOLDER TRACIE E CONNERS- STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1608 CRESTON STREET 130 BRUSSE AVENUE
MUSKEGON, Ml 49442 MUSKEGON, Ml 49442
H(231 )777-2 721 /B(231 )777-3822 H(231 )777 -3621 /8 (231)726-5041
DATE OF BIRTH : 9 -/8'"-fiy DATE OF BIRTH : 'J -2-/ - ~2-
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen :
0 0
.Does the applican t have permanent Resident Alien status? Does the applicant have permanent Residen t Alien status?
D Yes D No 0 Yes 0 No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fing erprinted: tf -/9-o> Date fingerprinted: ci -to& v
'(14k
STATE OF MICHIGAN & -z.-o::
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing. MI48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) ami MAC 1105(2){d))
Req ID: 281064
Dau;:: March 10, 2005
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
POBOX536
MUSKEGON, MI 49443-0536
App[icant: TPWS, INC.
Home Address And Phone No:
PAT~ICK BAUER, 1608 CRESTON STREET, MUSKEGON, M149442 H(231)777-2721/B(231)777-3822
TRACIE E CONNERS, 130 BRUSSE AVENUE, MUSKEGON, Ml 49442 H(231 )777-3621/B(231 )726-5041 .
STEVEN L. SENG, 3701 EAST BROADWAY AVENUE, MUSKEGON, M149441 H(231)777-0106/B(231)777-3888
Lodi Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of tJe Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction.'
requ'iring approval. The clerk: should complete the resolution certifying that your decision of approval or'
disaJjproval ofthe application was made at an official meeting. Please return the completed resolution :
to tl/e Liquor Control Commission as soon as possible.
If ycu have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- '
140(1.
PLEASE COMPLETE ENCLOSED .RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305:'REV 9117
4880-12!'4
LIQUOR LICENSE REVIEW l70l{M
I '
BusinessName: Vws, ~c .
------~~~~~/~~~~----------------------
AKA Business Narne (if applicable): ___/4'-C?_f._:.s____,/fc'--'----oC?_j _h_o_t.J_s_e..__________ _
Operator/Manager's Name: ---------------------------------
Business Address: /57 A/ 6eftx-.
I C/
Reason for Review:
New License D Transfer of Ownership)?" 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: - - - - - - - - - - - -- -
Public Safety Approved D Denied D No Action Needed D
Income Tax J
•
Approved Ej Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature______ ~8;J
___..._+_~
-ci;
.;.'. =====
; _.)___b-tf_¥_/,_o_S_____
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
0 FAXED RECEIVED 0
LIQUOR I.JICENSE REVIEW FORM
JUN 2 2 2D05
Business Name: Uws, OJ
~c. 0 APPROVED
CITY Q C:
POSTED
" 'I<' :::-::-. ', "
0
_r\~U IW
AKA Business Name (if applicable): ---'-fl:_t._:s_ _._~'-o_a_J_/;,_ou_.s_e.-_______
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - -
Business Address: /5 7 A( 6eftx-
z:;..
I {/
Reason for Review:
New License D Transfer of Ownership~ 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: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount:
Treasurer Approved Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature =e::? ~-----
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOll. LICEN-SE REVIE'V FORM
Business Name: Uws, :;
~c . RFCElVED
JUN 21 2005
AKA Business Name (if applicable):
Gi l y or IJIUSKEGON
PLANNING DEPARTMENT
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - -
Business Address: /57
' {/
Reason for Review:
New License D Transfer of Ownership ;K{ 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: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved~- Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~vi-;;/&~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: TlW S , ~c.
------~~~~~/~~~~----------------------
AKA Business Name (if applicable): ---'-/Z_t-_:.s_"""";£:....:...,_oC?_),_}J_o_tJ_.s_e.._ _ _ __ __
Operator/Manager's Name: ------------------------------------
Business Address: /.57 A/ 6ef-l:k
' c7
Reason for Review:
New License D Transfer of Ownership)?" 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:
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Jerk's Approved D Owing D Amount:
ire/Inspections Approved ~ Denied D Remaining Defects D
Department Signature_______________________________________ _
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LI CENSE REVIEW FORlVI
Business Name: V WS , ~c .
-------~~~~~?~~-----------------------
AKA Business Narne (if applicable): __-L,_fo_ t.._:.s_____:_~
;_;.o_a_J.;_h_otJ_..s_e..______________
Operator/Manager' s Name: -------------------------------------
Business Address: !57
' c7
Reason for Review:
New License D Transfer of Ownership~ 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: ----------------------------
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections! Approved i' Denied D Remaining Defects D
Please retur n to the City Clerk' s Office
Gail A. Kundinger ,
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: _ _ _DU/,5 2/7c.
AKA Business Name (if applicable): _---L....{a_f_:.s__;ft:......;..._tJC7_j_~_o_v_s-_e.._ _ _ _ _ __
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - -
Business Address: /57 /J/ 6eftx-.
I {/
Reason for Review:
New License D Transfer of Ownership)( 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: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed 0
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved ~ Denied D Pending ZBA 0
Clerk's Approved Owing D Amount:
Fire/Inspections Approved D Denied 0 Remaining Defects D
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affirmative Acti;an
(231)724~6703
FAX: (231)?22~1214
Assessor/Equ allzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
{231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178 August 5, 2005
Community and
Neigh. Services
(231)724-6717
FAX: {231)726-2501
Computer Info.
Liquor Control Commission
Systems 7150 Harris
(231)724-6744
. FAX: {231)722-4301 PO Box30005
Lansing, MI 48909-7505
Engineering Dept.
(231 )724-6707
FAX: {231)727-6904
REF: #281064
Finance Dept. TPWS, Inc.
{231)724-6713
FAX: (231)724-6768
157 S. Getty
Muskegon, MI 49442
Ftre Deparhnent
(231)724-6792
FAX: (231)724-6985 To Whom It May Concern:
Income Tax
(231 )724-6770
FAX: (231)724-6768
Enclosed is the Resolution, form LC-1800, the Local Law Enforcement Agency
Report and Recommendation, print cards and check for TPWS, Inc., that was
Inspection Services
(231)724-6715 recommended for approval at the July 26, 2005, City Commission Meeting.
FAX: (231)728-4371
Leisure Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX: (231)722-1214 ~7!~
Planning/Zoning
(231)724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Pollee Deptartment
(231)724-6750
FAX: {231)722-5140 Enc.
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer'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
City ofMuskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: 07/26/05
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase one 721 D wheeled loader
from West Michigan Power.
FINANCIAL IMPACT: Cost $119,500 less $53,000 for the sale cf our old unit.
Total cost of $66,500.
BUDGET ACTION REQUIRED: None. There is $85,000 budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 7210 wheeled
loader from West Michigan Power.
Memorandtun
To: Honorable Mayor and Commissioners
From:DPW
Date: 7/19/2005
Re: Wheel Loader Replacement
The Equipment Division has budgeted for the replacement of one
wheel loader in 2005. The loader we are replacing is 11 years old and
has reached its economic life expectancy.
We solicited bids from the top four manufacturers for a 3.5 cubic
yard loader. They are Michigan Caterpillar, Contractors Machinery, IDE
Equipment, and West Michigan Power. (See attachment)
We had the opportunity to evaluate each of the loaders for a few days
at the DPW and we find that any of the loaders would meet our needs.
We currently have four Case loaders and have been very satisfied with
their performance and reliability. (They are also low bid)
In accordance with established purchasing policy, I am requesting
that we purchase one Case 721D from West Michigan Power.
1
---- -
LOADER
------ -------
-- ------- ------ -- ---------
----- ---- f- --
----- -- ---- ---------- ------
Model --- -- --
Cost
Michigan Caterpiller -
------ ----- ---- -----·---------
7700 Caterpillar Ct. 938 Gil
Cat --------- $147,000.00
1--- - - ·- ----
Grand Rapids Mi 49548
-------·--·------------------ - ---------
Contractors Machinery -- ------------- ---- - ----
------ -- - - - - - - - - - - - - -
8840 Byron Commerce Dr. -- --------
Volvo L90E $129,150.00
Byron Center Mi. 49315 --. -------
- - 1- ------ ---------
West Michigan Power
+ -- -- --·-·-----
3651 M-20 Case721D
__
$119,500.00
----- -- _,
- -· -···-
New Era Mi 49446 ------ -- - ----
--------------- ····- --·---- - -----
JOE Equipment
----- -------·-·-··
--- - ---·- . ---· -----
5770 Clyde Park Deere 624J -
$136,804.00
-----·--
Grand Rapids Mi. 49509
----- -
Date: July 26, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for an Encroachment Agreement
SUMMARY OF REQUEST:
Parsons on behalf of ExxonMobil Oil Corporation has filed the enclosed encroachment
agreement form to install nine (9) monitoring wells in the public right of way at the following
locations:
1. Alley between Miner Ave. and Harrison Ave. located immediately east of McCracken
St. (cluster of 3 wells).
2. Alley between Morton Ave. and Miner Ave. located immediately east of Moon St.
(cluster of 3 wells).
3. Alley between Harrison Ave. and Lakeshore Dr located immediately west of Moon St.
(cluster of 3 wells).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement subjects to the supplemental conditions and
compliance with the necessary insurance requirements.
COMMITTEE RECOMMENDATION:
None
Affirmative Action
{2j 1) 724-6703
FAX (231) 722-1214
Assessor
(231) 724-6708
FAX (231) 726-5181
Cemetery
(231) 724-6783
FAX (231) 726-5617
City Manager
(231)724-6724
FAX (231)722-1214
West Michigan's Shoreline City
Civil Service www.shorellneclty.com
(231) 724-6716
FAX (231) 724-4405 July 28, 2005
Clerk
(231) 724-6705
FAX (231) 724-4178
Comm. & Neigh. Paul Zahrte
Services
(231) 724-6717 Parsons
FAX (23 1) 726-250 I 19101 Villaview Rd.
Engineering Suite 100
(231 ) 724-6707 Cleveland OH 44119-3088
FAX (23 I) 727-6904
Finance
(231)724-6713
Subject: Encroachment Agreement
FAX (231) 724-6768 Former ExxonMobile Pipeline Area
Fire Department Sisson & McCracken- Muskegon, M1
(23 I) 724-6792
FAX (231) 724-6985
Income Tax Dear Mr. Zahrte,
(23 1) 724-6770
FAX (231) 724-6768
Info. Technology Per our telephone conversation, the subject agreement was approved by the City
(231)724-4126 Commission at the meeting held on July 26, 2005.
FAX (231)722-4301
Inspection Services The encroachment fee for the proposed nine (9) wells will be $5.00 per unit for 5
(231) 724-6715
FAX (231)728-4371 years, which would total $225.00. Since the wells are to be installed at three (3)
Leisure Services
separate locations, your permit for working in the City's right of way will total
(23 1) 724-6704 $60.00 ($20.00 for each location).
FAX (23 I) 724-1196
Mayor's Office In the past, you have utilized Environmental Drilling & Contracting, Inc. of
(231) 724-6701
FAX (231)722·1214 Holland, MI for performing the work. They do not, at this time, have a bond to
Planning/Zoning
work in the City of Muskegon rights of way. If they are your Contractor of
(231) 724-6702 choice for the subject project, please remind them that they must obtain a
FAX (231) 724-6790
$5,000.00 surety bond prior to the permit being issued.
Police Department
(231) 724-6750
FAX (23 1) 722-5140
Sincerely,
Public Works
(231) 724-4100
FAX (231) 722-4188 Evelyn Hoffinan
Treasurer Engineering Department Secretary
(23 I) 724-6720
FAX (23 1) 724-6768
Water Billing
(23 1) 724-6718
FAX (231) 724-6768
0:\ENGINEERJNG\COMMON\ENCROACHMENT AGREEMENTS\ENCROACH\Exxon-Mobile Corporation-P.
Water Filtration Zahrte.doc
(231) 724-4106
FAX (23 1)755-5290
JPfv'lorgan Chase Bank, N.A.
DISBURSEivlENT ACCOUNT
PARSONS
4701 HEDGEIJIORE DRIVE
SYRACUSE, NY
CHARlOTTE, NC 28209
VOID AFTER 90 DAYS
g!f?;i_Q~?y@)j)t.;·•··~
L_____!_:_s_~
PAYTwo Hundred Eighty Five DOLLARS and Zero CENTS
TO CITY OF MUSKEGON/CITY TREASURER'S OFFICE
BY~
THE P. 0. BOX 536
JP'-IotgM (:ho1ollo"' "'A
ORDER
BOlO TA~!!EU ~OA!l
SY~ACUU, NY 1Jl00
OF MUSKEGON, MI 49443-0536
REMITTANCE ADVICE
·~;:z S:o~
({ /u .6 o 'DuJ
4701 HEDGEMORE DRIVE
PLEASE DETACH 111/S VOUCHER BEFORE DEPOSmNG CHECK
EDAC PAGE 02
85/25/2005 03:11 515 7388135
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this -::J?h day of '7Zt c7/ z:' 200,)' by
and between the CITY OF MUSKEGON, a municipal corp~ration (hereinafter called CITY), and
f/a r SOnS (hereinafter called LICENSEE).
RECITALS
!. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroaclunent''), in or abutting a street, alley, sidewalk, park, terraee or other property controlled or
owned by the City of Muskegon, the encroachment being described as
(V)e>/17Yor,':, w~IJ t-rt.s-h,j/a};-.,./1 se~ q!/qJ,,..f
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please insert a general description, and if required by the CITY, an accurate legal description]
.s t!'"t!!' tdiQJ,r"'jJ
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 property.
THEREFORE,
I. CITY does hereby grant unto LICENSEE the privilege of __-' __ constructing,
" installing, --''-""--- maintaining, X. repairing and performing all necessary functions
.relating to the encroachment, and for that purpose to enter the property, for the term herein stated.
I
\\Mu~kdo.la\D,ua\ENOINESRJNG\COMMON~PE!tl'I.!:IT FOM1:S\.Encro.,chment Af!'l"enment and PcrTnit.doc
BG/29/2085 03:11 5157388135 PAGE 03
This privilege shall be effective upon the issuance of an encroachment permit, which shall be issued
only after approval ofthis agreement by the City Commission and delivery to the CITY ofthe required
evidence of insurance coverages.
This grant is subject to the following special conditions: see sup P 1 em en t a 1 conditions
attached
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_('-'7,'Ln<.!
-tOO II Ill Ill II ~
-
= L
===!
____!
MOON SiREaT
I-ll005
19101 VIL.l.AVIEW
-------------------------
·\'
\
2000 1000 0 2000
~...;;J::_ z:j
SCALE IN FEtT
EXXONMOBIL OIL GORPORA TION
FIGURE 1
SISSION & McCRACKEN
SITE
MUSKEGON. MICHIGAN LOGATION
MICHIGAN MAP
QUADI ..
~-1 ~ Slo~lo-f •mllf R uldonll>l
1-2 Rl.1·1 ~Low Donr;ty l,luiUplo·F •ml~ R uldontl1l
9-4~ e.oo,.IBuol"l•«
~z~ eoo"•''"d"
~r
or:
0~
oo
(J)(J1
-I)>
.(f)
(f)
m
(f)
(/)
s:
mm
xz
:r-i
-o
OJ_
-(/)
~--~
·;:o
~
"(')
-I
THE 2005 SIDEWALK PROGRAM (W-6) & 1114 WOOD ST.
(Area W-6)
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, 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.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:
H-1572, Sidewalk Replacement Program 2005
THE DEPONENT 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 15TH DAY OF JULY 2005.
tk-0 .~
KUNDIN~ERK
GAIL A.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
g .;;, . DAY OF ~:Ji:A ,2005.
cxA~ ,J _ .
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES r-O?s--c; 6
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICT:
SIDEWALK REPLACEMENT PROGRAM FOR 2005
The location of the special assessment district and the properties proposed to be assessed are:
• All parcels within area W-6, which is bounded by Ruddiman Creek to the west, Laketon Ave. to
the north, Seaway Dr. to the east, and Sherman Blvd. to the south & 1114 Wood St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of
Muskegon Commission Chambers on July 26, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment roll that has been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment roll is on file and may be examined
during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays,
except holidays.
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, YOU WILL HAVE 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 DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: July 16, 2005
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes 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 ofTDD (231) 724-6773
Acct# 643-60447-5267
0
/7 . }J HEARING DATE JULY 26, 2005
~' H-1590
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-036-400-0015-00 2585.0 BARCLAY ST BARCLAY PROPERTI 3380 GLADE ST MUSKEGON Ml 49444 $111.04
24-665-000-0168-00 853.0 BARNEY AVE MASTEE IRENE TRU 2880 WESTLAND RD MUSKEGON Ml 49441 $670.03
24-665-000-0166-00 857.0 BARNEY AVE PIASECKI ADELA 857 W BARNEY AVE MUSKEGON Ml 49441 $444.17
24-665-000-0165-00 868.0 BARNEY AVE CONTEMPORARY BU PO BOX 252 FRUITPORT Ml 49415-0 $111.04
24-665-000-0196-00 878.0 BARNEY AVE DEWEERD LESLIE 878 W BARNEY AVE MUSKEGON Ml 49441 $599,63
24-665-000-0287-00 901.0 BARNEY AVE REZNY GARY/IRENE 901 W BARNEY AVE MUSKEGON Ml 49441 $2,498.46
24-665-000-0284-00 908.0 BARNEY AVE CANTRALL BETH 908 W BARNEY AVE MUSKEGON Ml 49441 $1,404.69
24-665-000-0315-00 919.0 BARNEY AVE BARNES SCOTT 21786 VIRGINIA AVE EASTPOINTE Ml 48021 $577.42
24-665-000-0316-00 930.0 BARNEY AVE CHRISTIANSEN JAM 2375 ESTES ST MUSKEGON Ml 49441 $843.93
24-382-032-0008-00 1341.0 BEARDSLEY AVE LADD MICHAEL B 1341 BEARDSLEY MUSKEGON Ml 49441 $159,24
24-382-025-0012-00 1407.0 BEARDSLEY AVE CHAPMAN FLOYD/CA 1407 BEARDSLEY AV MUSKEGON Ml 49441 $333.13
24-131-100-0011-00 2159.0 BEIDLER ST WEINERT MICHAEL N 103 S MILL IRON RD MUSKEGON Ml 49442-0 $1,499.08
24-525-000-0086-00 1834.0 CROWLEY ST WINICKI EDWARD/JO 1826 CROWLEY ST MUSKEGON Ml 49441 $177.67
24-525-000-0085-00 1840.0 CROWLEY ST WINICKI KENNETH J 1840 CROWLEY ST MUSKEGON Ml 49441 $44.42
24-525-000-0068-00 1851.0 CROWLEY ST ABN AMRO MORTGA 7159 CORKLAN DR JACKSONVILLEFL 32258-4 $222.09
24-525-000-0081-00 1858.0 CROWLEY ST 0 CONNOR DONNA 1721 FRANKLIN ST MUSKEGON Ml 49441 $1,130.42
24-525-000-0071-00 1869.0 CROWLEY ST HAWKINS TIMOTHY 1869 CROWLEY ST MUSKEGON Ml 49441 $812.83
24-525-000-0080-00 1874.0 CROWLEY ST LAMBERT MARY E 145 COLUMBIA AVE 6 HOLLAND Ml 49423-2 $222.09
7/27/2005 1:55PM
Page 1 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-525-000-0072-00 1875.0 CROWLEY ST AHEARN NAIA 1875 CROWLEY ST MUSKEGON Ml 49441 $442.39
24-525-000-0077-00 1886.0 CROWLEY ST COUNTRYWIDE HOM 400 COUNTRYWIDE SIMI VALLEY CA 93065-6 $111.04
24-525-000-0074-00 1895.0 CROWLEY ST HEKKEMA ALBERT M 620 CENTER ST MUSKEGON Ml 49445 $111.04
24-525-000-0076-00 1896.0 CROWLEY ST RODRIGUEZ RAMIRO 1896 CROWLEY ST MUSKEGON Ml 49441 $521.90
24-175-000-0019-00 1928.0 CROWLEY ST TREBILCOCK PAUL A 1215 SCENIC DR MUSKEGON Ml 49445 $111.04
24-175-000-0020-00 1936.0 CROWLEY ST SCHAUB DANIEL 1936 CROWLEY ST MUSKEGON Ml 49441 $111.04
24-175-000-0039-00 1939.0 CROWLEY ST RODRIGUEZ MARK/L 1939 CROWLEY ST MUSKEGON Ml 49441 $222.09
24-175-000-0038-00 1951.0 CROWLEY ST HEKKEMA ALBERT/M 620 CENTER ST MUSKEGON Ml 49445 $444.17
24-175-000-0035-00 1969.0 CROWLEY ST ROBINSON HILDAIL 1969 CROWLEY ST MUSKEGON Ml 49441 $447.95
24-175-000-0026-00 1970.0 CROWLEY ST COOLEY WILLIAM/KE 1970 CROWLEY ST MUSKEGON Ml 49441 $444.17
24-175-000-0027-00 1976.0 CROWLEY ST NIENHUIS ADAM 1976 CROWLEY ST MUSKEGON Ml 49441 $550.77
24-175-000-0031-00 1993.0 CROWLEY ST ZUBER CECILIA J 1993 CROWLEY ST MUSKEGON Ml 49441 $1,665.64
24-665-000-0129-00 2055.0 CROWLEY ST HOMAN PATSY R 2055 CROWLEY ST MUSKEGON Ml 49441 $273.17
24-665-000-0094-00 2170.0 CROWLEY ST VANOEFFELEN GER 6703 S GLASIER SEA CEDAR Ml 49621-9 $228.75
24-665-000-0157-00 2249.0 CROWLEY ST MULLINIX LINDA J 2249 CROWLEY ST MUSKEGON Ml 49441 $222.09
24-665-000-0160-00 2263.0 CROWLEY ST KEJONEN EDWARD 974 HAMPTON CT SOUTHGATE Ml 48195 $333.13
24-665-000-0169-00 2327.0 CROWLEY ST MASTEE IRENE TRU 2880 WESTLAND RD MUSKEGON Ml 49441 $166.56
24-382-027-0001-00 2534.0 CUMBERLAND S MCINTYRE MARY AT 4332 E GLEN CT MUSKEGON Ml 49441 $1,072.67
7/27/2005 1:55PM
Page2of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-382-027-0032-00 2552.0 CUMBERLAND S RUMLEY WADE J 2552 CUMBERLAND S MUSKEGON Ml 49441 $1,066.01
24-480-001-0003-00 1828.0 FRANKLIN ST HEKKEMA ALBERT/M 620 CENTER ST MUSKEGON Ml 49445 $333.13
24-480-001-0004-00 1836.0 FRANKLIN ST GRIMM WILLIAM P II 3601 CROCKER RD TWIN LAKE Ml 49457 $1,239.24
24-480-002-0028-00 1843.0 FRANKLIN ST MAYNARD MELVIN L 1843 FRANKLIN ST MUSKEGON Ml 49441 $250.96
24-480-001-0006-00 1848.0 FRANKLIN ST GOMEZ LUZC 3180 WOLF LAKE RD FRUITPORT Ml 49415 $111.04
24-480-002-0027-00 1849.0 FRANKLIN ST N & M PROPERTIES L 2449 S RAVENNA RD RAVENNA Ml 49451 $597.07
24-480-001-0010-00 1874.0 FRANKLIN ST BROW ELMER ET AL 1874 FRANKLIN ST MUSKEGON Ml 49441 $219.86
24-480-006-0005-00 1936.0 FRANKLIN ST HUTCHIN KEVIN E/TR 1936 FRANKLIN ST MUSKEGON Ml 49441 $333.13
24-480-006-0008-00 1954.0 FRANKLIN ST SLOCUM DONALD G 1954 FRANKLIN ST MUSKEGON Ml 49441 $333.13
24-480-006-0009-00 1960.0 FRANKLIN ST LUMMEN LINDA R 1960 FRANKLIN ST MUSKEGON Ml 49441 $444.17
24-480-006-0011-00 1972.0 FRANKLIN ST GOVEN REBECCA 5698 MISSY DR MUSKEGON Ml 49442 $444.17
24-480-006-0012-00 1980.0 FRANKLIN ST GOVEN JOHN P/KAT 1980 FRANKLIN ST MUSKEGON Ml 49441 $111.04
24-382-022-0005-00 1431.0 GLEN AVE AMRHEIN PETER J 1431 GLEN AVE MUSKEGON Ml 49441 $111.04
24-382-021-0008-00 1527.0 GLEN AVE WATERSTADT DAVID 1527 GLEN AVE MUSKEGON Ml 49441 $333.13
24-382-021-0007-00 1535.0 GLEN AVE WRIGHT SUSAN J 1535 GLEN AVE MUSKEGON Ml 49441 $70.40
24-382-021-0006-00 1547.0 GLEN AVE ZUFELT JEWEL D 1547 GLEN AVE MUSKEGON Ml 49441 $188.77
24-382-021-0005-00 1551.0 GLEN AVE FREDRICKSON HELE 6479 RIDGEMONT DR GRAND RAPID Ml 49546 $111.04
24-382-021-0003-00 1553.0 GLEN AVE CORRELL DONALD 1553 GLEN AVE MUSKEGON Ml 49441 $333.13
7/27/2005 1:55PM
Page 3 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-381-008-0002-00 1621.0 GLEN AVE FABER GERTRUDE 1/ 1621 GLEN AVE MUSKEGON Ml 49441 $333.13
24-382-032-0001-00 2452.0 GLENSIDE BLVD LAR GREGORY E/LO 1589 SUNSET POINT MUSKEGON Ml 49441 $322.02
24-382-025-0013-00 2469.0 GLENSIDE BLVD PARRISH SHELDON/ 2469 GLENSIDE BLVD MUSKEGON Ml 49441 $355.34
24-382-025-0015-00 2477.0 GLENSIDE BLVD LOWRY BETTY J 2477 GLENSIDE BLVD MUSKEGON Ml 49441 $333.13
24-382-031-0030-00 2512.0 GLENSIDE BLVD CHMURA PHILLIP J 3370 TEMPLE ST MUSKEGON Ml 49444 $222.09
24-382-027-0017-00 2547.0 GLENSIDE BLVD JONES FUMIKO 2547 GLENSIDE BLVD MUSKEGON Ml 49441 $333.13
24-382-030-0003-00 2548.0 GLENSIDE BLVD ZERBE SCOTT 2548 GLENSIDE BLVD MUSKEGON Ml 49441-2 $111.04
24-382-027-0019-00 2555.0 GLENSIDE BLVD SCOTT CAROL A 2555 GLENSIDE BLVD MUSKEGON Ml 49441 $777.30
24-382-030-0032-00 2556.0 GLENSIDE BLVD MAYETTE GARY/ELIZ 2556 GLENSIDE BLVD MUSKEGON Ml 49441 $461.94
24-382-028-0014-00 2573.0 GLENSIDE BLVD THOMPSON ROBERT 644 ROSENGREN ST MUSKEGON Ml 49442 $216.53
24-382-028-0017-00 2587.0 GLENSIDE BLVD HALL CAROL/OGREN 2587 GLENSIDE BLVD MUSKEGON Ml 49441 $111.04
24-665-000-0091-00 830.0 HACKLEY AVE SCHILLACI LAWREN 2414 BLODGETT ST MUSKEGON Ml 49441-1 $102.16
24-665-000-0093-00 840.0 HACKLEY AVE KUFEL VERA 840 W HACKLEY AVE MUSKEGON Ml 49441 $206.54
24-665-000-0151-00 857.0 HACKLEY AVE PANIC! LEWIS/PEGG 857 W HACKLEY AVE MUSKEGON Ml 49441 $555.21
24-665-000-0391-00 953.0 HACKLEY AVE WALKER RUTH IE 6120 BRYNHURST AV LOS ANGELES CA 90043 $2,753.86
24-365-000-0001-00 960.0 HACKLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $3,406.80
24-665-000-0499-1 0 990.0 HACKLEY AVE SKANTZ ROBERT/EL 990 W HACKLEY MUSKEGON Ml 49441 $216.53
24-381-008-0024-00 2301.0 HADDEN ST CLARK FRANKLIN/MA 2301 HADDEN ST MUSKEGON Ml 49441 $111.04
7/27/2005 1:55PM
Page 4 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-525-000-0092-00 1865.0 HENRY ST MOSLEYS LAND CO 1865 HENRY ST MUSKEGON Ml 49441 $111.04
24-525-000-0097-00 1871.0 HENRY ST PARKER STEPHANIE 1871 HENRY ST MUSKEGON Ml 49441-0 $111.04
24-525-000-0099-00 1893.0 HENRY ST POTHOFF WAYNE R/ 1893 HENRY ST MUSKEGON Ml 49441 $882.79
24-175-000-0001-00 1979.0 HENRY ST NIENHUIS CHESTER 2006 HENRY ST MUSKEGON Ml 49441 $1,056.02
24-650-001-0001-00 2006.0 HENRY ST NIENHUIS FERN 2006 HENRY ST MUSKEGON Ml 49441 $444.17
24-665-000-0014-00 2083.0 HENRY ST PEARSON JOHN H E 2083 HENRY ST MUSKEGON Ml 49441 $1,328.07
24-665-000-0018-00 2107.0 HENRY ST TISCH PROPERTIES 872 CATHERINE AVE MUSKEGON Ml 49442 $444.17
24-140-005-0004-00 2126.0 HENRY ST DEWEY BROS AUTO/ BOX 21502 PHOENIX AZ 85036-1 $444.17
24-131-100-0010-00 2160.0 HENRY ST U HAUL REAL ESTAT 2721 N CENTRAL AVE PHOENIX AZ 85004 $1,710.06
24-131-100-0012-00 2190.0 HENRY ST C N PROPERTIES LL 2190 HENRY ST MUSKEGON Ml 49441 $6,062.94
24-665-000-0039-00 2255.0 HENRY ST RUFFILO JOHN J 2255 HENRY ST MUSKEGON Ml 49441 $771.75
24-665-000-0041-00 2281.0 HENRY ST CP INVESTMENT PR 2937 GETTY ST MUSKEGON Ml 49444 $2,948.19
24-665-000-0053-00 2365.0 HENRY ST RMS REALTY LLC 3734 FERN HILLS DR MUSKEGON Ml 49441 $310.92
24-131-300-0034-00 2380.0 HENRY ST 2005 C/W 24-400-000- 761 ALBERTA AVE MUSKEGON Ml 49441 $793.96
24-665-000-0057-00 2381.0 HENRY ST RMS REALTY LLC 3734 FERN HILLS DR MUSKEGON Ml 49441 $218.40
24-036-400-0029-00 2501.0 HENRY ST MILLER THOMAS A 545 LAKE FOREST LN MUSKEGON Ml 49441 $238.74
24-175-000-0079-00 1928.0 HUDSON ST ROUSE MARCY A/VA 2717 WHITE LAKE DR WHITEHALL Ml 49461 $227.64
24-175-000-0080-00 1934.0 HUDSON ST BOTELLO DAVID H/K 1934 HUDSON ST MUSKEGON Ml 49441 $117.71
7/27/2005 1:55PM
Page 5 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-525-000-0034-00 1837.0 KINSEY ST BONAES LLC 907 W LAKETON AVE MUSKEGON Ml 49441-5 $695.13
24-525-000-0055-00 1840.0 KINSEY ST CARDEN JAMES/MEL 1840 KINSEY ST MUSKEGON Ml 49441 $111.04
24-525-000-0051-00 1864.0 KINSEY ST BATES GAIL 1864 KINSEY ST MUSKEGON Ml 49441 $333.13
24-175-000-0071-00 1935.0 KINSEY ST JENKS ROSE M 1935 KINSEY ST MUSKEGON Ml 49441 $594.08
24-175-000-0069-00 1945.0 KINSEY ST HERRALA VALERIE M 1989 HARRISON MUSKEGON Ml 49441 $248.07
24-175-000-0067-00 1959.0 KINSEY ST HUTSON LAVERNE 1959 KINSEY ST MUSKEGON Ml 49441-2 $646.27
24-175-000-0065-00 1969.0 KINSEY ST VANDENHEUVEL DO 1969 KINSEY ST MUSKEGON Ml 49441 $1,579.03
24-175-000-0061-00 1991.0 KINSEY ST PANICI ORIE 1991 KINSEY ST MUSKEGON Ml 49441 $111.04
24-665-000-0240-00 2010.0 KINSEY ST BRIGGS JOSEPH J/DI 443 E CHADWICK DR MUSKEGON Ml 49445-2 $2,132.02
24-665-000-0234-00 2040.0 KINSEY ST BENNETT THOMAS M 2040 KINSEY ST MUSKEGON Ml 49441 $220.22
24-665-000-0231-00 2052.0 KINSEY ST MANCHESTER DONA 2052 KINSEY ST MUSKEGON Ml 49441 $1,887.73
24-665-000-0272-00 2209.0 KINSEY ST VANDAMME EDDY N 2209 KINSEY ST MUSKEGON Ml 49441 $425.74
24-665-000-0279-00 2261.0 KINSEY ST HOTZ BARBARA FRE 2261 KINSEY ST MUSKEGON Ml 49441 $438.62
24-665-000-0282-00 2273.0 KINSEY ST MCEWEN THOMAS J/ 2273 KINSEY ST MUSKEGON Ml 49441 $444.17
24-665-000-0198-00 2286.0 KINSEY ST YOUNG LEROY LIHE 2764 MCCRACKEN MUSKEGON Ml 49441 $584.09
24-665-000-0283-00 2289.0 KINSEY ST HOLT MICHAEL PICA 160 JOHN AVE MUSKEGON Ml 49441 $155.46
24-480-001-0001-00 1005.0 LAKETON AVE CHANEY KENNETH R 18775 148TH AVE SPRING LAKE Ml 49456 $2,070.95
24-480-002-0001-00 1031.0 LAKETON AVE JOHNSON HELEN M 949 WILSON AVE MUSKEGON Ml 49441 $483.04
7/27/2005 1:55PM
Page 6 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-480-002-0004-00 1075.0 LAKETON AVE WESTGATE OIL CO 1460 WHITEHALL RD MUSKEGON Ml 49445 $1,205.93
24-036-200-0001-00 1145.0 LAKETON AVE GMCS BUILDING AUT 1709 ROOD POINT RD MUSKEGON Ml 49441 $14,735.39
24-525-000-0088-00 825.0 LAKETON AVE KERSMAN HOLDING 1960 S ROBERTS ST MUSKEGON Ml 49442 $133.25
24-525-000-0032-00 907.0 LAKETON AVE BONAES LLC 907 W LAKETON AVE MUSKEGON Ml 49441-5 $2,137.58
24-382-019-0012-00 1511.0 LEXINGTON AVE KENT JAMES/DO ROT 1511 LEXINGTON AVE MUSKEGON Ml 49441 $222.09
24-382-019-0011-00 1521.0 LEXINGTON AVE ALLARD COREY/LISA 1521 LEXINGTON AVE MUSKEGON Ml 49441 $111.04
24-382-019-0009-00 1539.0 LEXINGTON AVE WILLIAMS HERBERT 1539 LEXINGTON MUSKEGON Ml 49441 $111.04
24-382-019-0005-00 1561.0 LEXINGTON AVE SCHUITEMAN SUSAN 3858 MONTEVIEW DR MUSKEGON Ml 49441 $860.58
24-382-019-0003-00 1575.0 LEXINGTON AVE GROLL RYAN J/NERH 1575 LEXINGTON AVE MUSKEGON Ml 49441 $805.06
24-382-019-0001-00 1591.0 LEXINGTON AVE CRADLEBAUGH RICH 1591 LEXINGTON AVE MUSKEGON Ml 49441 $155.46
24-140-003-0003-00 699.0 LYMAN AVE GORAJEC CASIMIR 699 LYMAN AVE MUSKEGON Ml 49441 $111.04
24-140-002-0003-00 700.0 LYMAN AVE PATTERSON BRIAN 700 LYMAN AVE MUSKEGON M! 49441 $875.02
24-140-003-0001-00 715.0 LYMAN AVE ANDERSON ROY JR 715 LYMAN AVE MUSKEGON Ml 49441 $144.36
24-140-004-0015-00 739.0 LYMAN AVE STURGIS WILLIAM/H 739 LYMAN AVE MUSKEGON Ml 49441 $388.65
24-140-001-0007-00 746.0 LYMANAVE DEVOOGD JON P/MC 3404 FULTON AVE MUSKEGON Ml 49441 $670.70
24-140-001-0004-00 764.0 LYMAN AVE WARD DANIEL/PAMA 6655 S QUARTERLINE SPRING LAKE Ml 49456 $910.55
24-140-001-0003-00 770.0 LYMAN AVE CRITES MICHAEL W/ 770 LYMAN AVE MUSKEGON Ml 49441 $222.09
24-382-030-0022-00 1344.0 MONTAGUE AVE SIEWERT SHIRLEY 1344 MONTAGUE AVE MUSKEGON Ml 49441 $228.75
7/27/2005 1:55PM
Page 7 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-382-029-0010-00 1349.0 MONTAGUE AVE BUSH RICHARD G 1349 MONTAGUE AVE MUSKEGON Ml 49441 $111.04
24-382-029-0008-00 1357.0 MONTAGUE AVE SHOEMAKE SCOTT A 1357 MONTAGUE AVE MUSKEGON Ml 49441 $111.04
24-382-027-0022-00 1426.0 MONTAGUE AVE TAYLOR HARRY C/B 1426 MONTAGUE AVE MUSKEGON Ml 49441 $222.09
24-382-027-0026-00 1450.0 MONTAGUE AVE HILLIARD VELMA T 1450 MONTAGUE AVE MUSKEGON Ml 49441 $88.83
24-382-027-0027-00 1458.0 MONTAGUE AVE J F INVESTMENTS LL 1406 RIDGE AVE MUSKEGON Ml 49441 $216.53
24-382-027-0029-00 1472.0 MONTAGUE AVE SMITH DEBORAH A 1472 MONTAGUE MUSKEGON Ml 49441 $111.04
24-382-030-0016-00 2535.0 PINE GROVE ST CARD DENEE L 2535 PINE GROVE ST MUSKEGON Ml 49441 $4,858.09
24-131-300-0029-00 2245.0 POLISKI DR CUMMINS MICHAEL/ 2245 POLISKI DR MUSKEGON Ml 49441 $113.26
24-382-031-0014-00 1321.0 RANDOLPH AVE CARLTON CYNTHIA 1321 RANDOLPH MUSKEGON Ml 49441 $111.04
24-382-031-0001-00 1391.0 RANDOLPH AVE LYNKTANYA M 1391 RANDOLPH AVE MUSKEGON Ml 49441 $993.83
24-382-025-0016-00 1412.0 RANDOLPH AVE RUUD MICHELLE R 1412 RANDOLPH AVE MUSKEGON Ml 49441 $210.98
24-382-026-0001-00 1485.0 RANDOLPH AVE DAUSEY DEBRA 1485 RANDOLPH MUSKEGON Ml 49441 $1,776.69
24-382-018-0018-00 1536.0 RANDOLPH AVE GANNON LETHA M 1536 RANDOLPH MUSKEGON Ml 49441 $214.76
24-382-017-0005-00 1559.0 RANDOLPH AVE CRAIG NANCY 1559 RANDOLPH AVE MUSKEGON Ml 49441 $199.88
24-382-017-0003-00 1575.0 RANDOLPH AVE PETERS LINDA S 1575 RANDOLPH AVE MUSKEGON Ml 49441 $316.47
24-381-006-0001-00 1707.0 RANDOLPH AVE SULLIVAN LOIS J 1707 RANDOLPH AVE MUSKEGON Ml 49441 $322.02
24-382-021-0011-00 1508.0 RIDGE AVE RAMSEY STEVE M 1508 RIDGE AVE MUSKEGON Ml 49441 $111.04
24-382-021-0012-00 1524.0 RIDGE AVE JOHNSON ALFRED C 1524 RIDGE AVE MUSKEGON Ml 49441 $194.33
7/27/2005 1:55PM
Page 8 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-382-021-0013-00 1532.0 RIDGE AVE KRUSE NORMAN F 1532 RIDGE AVE MUSKEGON Ml 49441 $445.28
24-382-021-0015-00 1540.0 RIDGE AVE SMITH LEIGH C 1540 RIDGE AVE MUSKEGON Ml 49441 $133.25
24-382-021-0016-00 1544.0 RIDGE AVE MCNARLAND DAVID 1544 RIDGE AVE MUSKEGON Ml 49441 $333.13
24-382-021-0017-00 1564.0 RIDGE AVE HILL RICHARD A 1564 RIDGE MUSKEGON Ml 49441 $222.09
24-382-029-0014-00 1308.0 SHERMAN BLVD ESTLICK RONALD A 1308 W SHERMAN BL MUSKEGON Ml 49441 $444.17
24-382-028-0019-00 1426.0 SHERMAN BLVD ACHTERHOFFJOHN 1065 4TH ST STE B MUSKEGON Ml 49440 $777.30
24-382-028-0027-00 1466.0 SHERMAN BLVD VANDENBOSCH DAVI 1466 W SHERMAN BL MUSKEGON Ml 49441 $111.04
24-382-028-0028-00 1476.0 SHERMAN BLVD KELLY SHIJUAN L 1476 W SHERMAN BL MUSKEGON Ml 49441 $333.13
24-382-015-0014-00 1508.0 SHERMAN BLVD ANDERSON SALLY 1508 W SHERMAN BL MUSKEGON Ml 49441 $444.17
24-382-015-0017-00 1540.0 SHERMAN BLVD SALLY ANDERSON C 1540 W SHERMAN BL MUSKEGON Ml 49441 $111.04
24-382-015-0020-00 1550.0 SHERMAN BLVD REPUBLIC BANK 31155 NORTHWESTE FARMINGTON Ml 48334 $327.58
24-381-004-0006-00 1704.0 SHERMAN BLVD DEWALD LORRAINE 1580 NELSON ST MUSKEGON Ml 49441 $111.04
24-205-615-0001-10 1776.0 SHERMAN BLVD K S BUBBLE BRUSH I 1684 W HARBOUR TO MUSKEGON Ml 49441-6 $349.79
24-381-006-0002-00 2501.0 WESTWOOD RD PALME OLOF/TAMAR 2501 WESTWOOD RD MUSKEGON Ml 49441 $99.94
24-381-008-0001-00 2321.0 WICKHAM DR WISNESKI STEVEN T 2321 WICKHAM DR MUSKEGON Ml 49441 $444.17
24-381-009-0002-00 2375.0 WICKHAM DR MALADY MICHAEL G 2375 WICKHAM DR MUSKEGON Ml 49441 $111.04
24-381-009-0004-00 2389.0 WICKHAM DR BOURDON DREUX/L 2389 WICKHAM DR MUSKEGON Ml 49441 $190.99
24-382-020-0022-00 2396.0 WICKHAM DR MIKESELL JOHN/LAS 2396 WICKHAM MUSKEGON Ml 49441-0 $88.83
7/27/2005 1:55PM
Page 9 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-382-019-0002-00 2416.0 WICKHAM DR MCKITRICK GREGOR 2416 WICKHAM DR MUSKEGON Ml 49441 $626.28
24-381-010-0003-00 2425.0 WICKHAM DR ROBERTSON JOHN/J 2425 WICKHAM DR MUSKEGON Ml 49441 $248.74
24-382-019-0024-00 2440.0 WICKHAM DR STONE ROSEANNA J 2440 WICKHAM DR MUSKEGON Ml 49441 $288.71
24-381-010-0005-00 2443.0 WICKHAM DR VANHEUSEN CAREY/ 2443 WICKHAM DR MUSKEGON Ml 49441 $293.15
24-381-012-0001-00 2493.0 WICKHAM DR OLSEN CARL H 2493 WICKHAM DR MUSKEGON Ml 49441 $114.82
24-382-017-0001-00 2496.0 WICKHAM DR GILBERT DONALD/D 2496 WICKHAM DR MUSKEGON Ml 49441 $1,465.77
24-381-012-0026-00 2517.0 WICKHAM DR BARR ROCHELLE 2517 WICKHAM MUSKEGON Ml 49441 $333.13
24-381-013-0002-00 2541.0 WICKHAM DR SIEMEN DORIS 2541 WICKHAM DR MUSKEGON Ml 49441 $333.13
24-381-013-0025-00 2549.0 WICKHAM DR BLEICH MARTA 2549 WICKHAM DR MUSKEGON Ml 49441 $222.09
24-140-003-0014-00 692.0 WILSON AVE WIARD EDWARD/JAN 692 WILSON AVE MUSKEGON Ml 49442 $222.09
24-140-003-0015-00 698.0 WILSON AVE JUHNKE CINDY 698 WILSON AVE MUSKEGON Ml 49441 $677.36
24-140-003-0018-00 716.0 WILSON AVE BATES JEFF/TRACY 716 WILSON AVE MUSKEGON Ml 49441 $111.04
24-140-005-0015-00 739.0 WILSON AVE DENNIS JULIA 739 WILSON AVE MUSKEGON Ml 49441 $206.32
24-140-005-0019-00 765.0 WILSON AVE WILSON SHEILA R 765 WILSON AVE MUSKEGON Ml 49441 $327.58
24-665-000-0106-00 834.0 WILSON AVE LANGLOIS GARY A 1851 FOREST PARK R MUSKEGON Ml 49441 $1,293.65
24-665-000-0108-00 846.0 WILSON AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443-0 $410.86
24-665-000-0133-00 854.0 WILSON AVE SHREVE BERNARD 854 WILSON AVE MUSKEGON Ml 49441 $692.24
24-665-000-0135-00 866.0 WILSON AVE ZAVITZ SHIRLEY A!Z 8229 MELLOWWOOD JENISON Ml 49428 $555.21
7/27/2005 1:55PM
Page 10 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-665-000-0226-00 882.0 WILSON AVE KUZMA JOSEPH/MIG 882 WILSON AVE MUSKEGON Ml 49441 $5,107.97
24-382-030-0013-00 1323.0 WINCHESTER DR HESLING DEBRA S 1323 WINCHESTER D MUSKEGON Ml 49441 $343.12
24-382-026-0017-00 1404.0 WINCHESTER DR NELSON PAMELA R 0-13206 WOODROW GRAND RAPID Ml 49315 $220.31
24-382-027-0005-00 1469.0 WINCHESTER DR TOMBARI ROBERT R 1469 WINCHESTER D MUSKEGON Ml 49441 $199.88
24-382-026-0030-00 1482.0 WINCHESTER DR RICHARDSON MICHA 1482 WINCHESTER D MUSKEGON Ml 49441 $238.74
24-382-017-0017-00 1518.0 WINCHESTER DR BORRESON TRUST 1518 WINCHESTER D MUSKEGON Ml 49441 $105.49
24-382-017-0018-00 1526.0 WINCHESTER DR WILLIAMS CYNTHIA J 1526 WINCHESTER D MUSKEGON Ml 49441 $111.04
24-382-017-0020-00 1532.0 WINCHESTER DR SMITH JOSEPH A 1532 WINCHESTER D MUSKEGON Ml 49441 $111.04
24-381-013-0001-00 1611.0 WINCHESTER DR STRANDBERG STEV 1611 WINCHESTER MUSKEGON Ml 49441 $444.17
24-381-006-0012-00 1706.0 WINCHESTER DR MACPHERSON MICH 2322 HADDEN ST MUSKEGON Ml 49441 $1,221.47
24-175-000-0016-00 829.0 WINDSOR AVE DONEY MARIAN A 829 WINDSOR AVE MUSKEGON Ml 49441 $111.04
24-175-000-0018-00 841.0 WINDSOR AVE MATZ MARY A TRUS 841 WINDSOR MUSKEGON Ml 49441 $218.31
24-175-000-0043-00 855.0 WINDSOR AVE MORTGAGE ELECTR 400 COUNTRYWIDE SIMI VALLEY CA 93065-6 $2,963.83
24-175-000-0073-00 899.0 WINDSOR AVE SCHROPP CAROL 899 WINDSOR AVE MUSKEGON Ml 49441-0 $2,967.07
24-175-000-0074-00 905.0 WINDSOR AVE RYAN FLOYD A 905 WINDSOR AVE MUSKEGON Ml 49441 $1,282.55
24-175-000-0077-00 925.0 WINDSOR AVE KARAFA JOHN T/LAU 1896 HUDSON ST MUSKEGON Ml 49441 $111.04
24-480-006-0014-00 1004.0 YOUNG AVE DODGE LESA C 1004 YOUNG AVE MUSKEGON Ml 49441 $111.04
24-650-001-0005-00 747.0 YOUNG AVE 747 YOUNG LLC PO BOX 145 FRUITPORT Ml 49415 $566.32
7/27/2005 1:55PM
Page 11 of 12
H-1590 HEARING DATE JULY 26, 2005
SW2005
SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-650-001-0003-00 759.0 YOUNG AVE JOHNSON BEVERLY 759 YOUNG AVE MUSKEGON Ml 49441 $438.62
24-175-000-0028-00 828.0 YOUNG AVE TRAVIS JANELLE 828 YOUNG AVE MUSKEGON Ml 49445 $1,345.74
24-665-000-0118-00 829.0 YOUNG AVE DAVENPORT JAMIE 829 YOUNG AVE MUSKEGON Ml 49441 $210.98
24-665-000-0119-00 835.0 YOUNG AVE EVANS CHARLES E/ 835 YOUNG AVE MUSKEGON Ml 49441 $453.50
24-175-000-0030-00 840.0 YOUNG AVE ZAGAROLI JOSEPH L 840 YOUNG AVE MUSKEGON Ml 49441 $3,020.37
24-665-000-0363-00 957.0 YOUNG AVE BLODGETT LOUISE 957 YOUNG AVE MUSKEGON Ml 49441 $127.70
24-665-000-04 78-00 965.0 YOUNG AVE DIEHL PATRICIA 965 YOUNG AVE MUSKEGON Ml 49441 $1,732.27
24-665-000-0480-00 973.0 YOUNG AVE C!W 24-665-000-0478- 965 YOUNG AVE MUSKEGON Ml 49441 $866.13
TOTALS $140,723.32
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
QUALIZATION ~~ DATE
~
ST ~ ~ iv/IVIISSJONER ~ATE
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2
8-'- () )- 0 s-
BILL LARSON CITY COMMISSIONER DATE
7/27/2005 1:55PM
Page 12 of 12
Great Lakes Naval Memorial and Museum
USS SILVERSIDES 1346 Bluff
USCGC McLANE Muskegon, Ml 49441
Phone: (231) 755-1230
Fax: (231) 755-5883
Muskegon City Clerk
933 Terrace
Muskegon, MI49440 R ECE IV! ~
1111 ;
July 11 , 2005
City Clerks Of ·
Dear Public Official,
The Great Lakes Naval Memorial and Museum is planning on building a new museum
facility in Muskegon. For eighteen years the museum has grown faster than her facilities
would permit. As the WWII generation passes on, we have become the caretakers of
more artifacts and stories from this remarkable time but without the space to safely store
them or exhibit them. Without the proper facilities, these treasures can be irreparably
damaged and be lost to the public forever.
The Great Lakes Naval Memorial and Museum began in 1987 with the relocation ofUSS
SILVERSIDES, a World War II submarine, and has been enhancing Western Michigan
ever since. The 1927 United States Coast Guard Cutter McLANE joined the museum in
1993. In Muskegon County, the Great Lakes Naval Memorial and Museum is the second
largest tourist attraction.
The museum currently accommodates over 25,000 visitors per year aboard its two vessels
and temporary museum facilities. Of this number, over 8,000 youth and adults
participate in the overnight program. Two years in a row the Detroit News honored the
Great Lakes Naval Memorial and Museum with the "Be~fPlace For Kids to Sleep Over"
award. In addition to providing daily guided tours thrb'lighbut the summer season and
overnights throughout the year, the museum also provides an annual memorial ceremony,
honoring the sacrifices of our World War II Submarine Veterans.
New museum facilities are needed to enhance visitor and youth educational programs.
These facilities would include a larger museum with climate-controlled storage for the
preservation of artifacts, educational rooms including a classroom, library and theatre
(movie and live presentation enabled), and a reception room, which will be available for
community programs, reunions, banquets, and small conventions. These would enhance
the local community and schools while bringing in business to Muskegon County and
Western Michigan.
The Great Lakes Naval Memorial and Museum and the City of Muskegon have
completed a 30-year property lease with a guaranteed 30-year renewal option. The
facility design phase is well underway, with the assistance of a $15,000 grant from the
Michigan Department of Environmental Quality Coastal Zone Management Program.
The museum will match the grant with an additional $15,000. We asked our Board of
Directors for personal donations to support the building fund, and they have generously
responded. Total facility development cost is estimated near $2.3 million, but will be
dependent upon the final site plan.
To raise funds, we are applying for various grants from different organizations in the
state of Michigan. We are asking you for a letter of support for our new museum. We
would be including your letter in our grant applications. It would be greatly appreciated
if you could be so kind as to write a support letter to The Great Lakes Naval Memorial
and Museum, 1346 Bluff, Muskegon, MI 49441.
If you have any questions, please contact either Bob Morin, the Chairman of the Board of
Directors, at (231) 755-1230, or myself at (231) 788-2351.
Thank you in advance for your support.
Mark Fazakerley
Building Committee Chat an
Great Lakes Naval Memorial and Museum
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 12, 2005
RE: Request to Pay Police Officers' Legal Fees
SUMMARY OF REQUEST:
Police Officers Pete Boterenbrood and John Corrigan have requested that the City reimburse
them for legal fees resulting from criminal charges in April, 2003.
FINANCIAL IMPACT:
$5,187.30
BUDGET ACTION REQUIRED:
An adjustment to the 2005 General Fund would be required.
STAFF RECOMMENDATION:
To deny the request.
COMMITTEE RECOMMENDATION:
None.
pb/0: AGENDA- REQ TO PAY POL OFFS LEGAL FEES 071205
Commission Meeting Date: .July 26, 2005
Date: .July 13, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ~
RE: Purchase Agreement between the City of
Muskegon and the Downtown Muskegon
Development Corporation (DMDC) for Downtown
Redevelopment Right-of-Way
SUMMARY OF REQUEST: The DMDC will sell the necessary right-of-
way for infrastructure improvements for Western Avenue and First
Street. The appraisal for the property was $475,000. The DMDC has
agreed to sell it for $450,000 and donate the remaining amount. The
Purchase Agreement contains a Donation Agreement.
FINANCIAL IMPACT: The purchase price is $450,000. The City will be
using Urban Land Assembly (ULA) funds for the acquisition. These
funds will be reimbursed to the State of Michigan through Brownfield Tax
Increment Financing Tax capture.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Purchase
Agreement and authorize the Mayor and Clerk to sign the documents
necessary to acquire the property for City right-of-way.
COMMITTEE RECOMMENDATION: None.
PURCHASE AGREEMENT
This Agreement is made on \Ji1 /'L c1h ,
2005 between the City of
Muskegon, a Michigan municipal corpora&n, with offices located at 933 TetTace Street,
Muskegon, Michigan, 49440 ("City") and the Downtown Muskegon Development
Corporation, a non-profit corporation, with offices located at 425 W. Western, Muskegon,
Michigan, 49442 ("DMDC").
1. Purchase and Sale of Premises. DMDC shall sell and City shall purchase on the
conditions set forth in this Agreement the premises, and all improvements thereon, with all
beneficial easements, and with all ofDMDC's right, title and interest in all adjoining public
ways in Muskegon County, Michigan and legally described on Exhibit A ("Premises") subject to
the reservations, restrictions and easements of record, provided said reservations, restrictions and
easements of record are reasonably acceptable to City upon disclosure and review of the same.
2. Purchase Price and Manner of Payment. City and DMDC agree that the value
of the property is $475,000 and shall be satisfied at closing as follows:
a) $450,000 shall be paid by City to DMDC by wire transfer, certified or
cashier's check. (Given that the closing pursuant to this Purchase
Agreement will be contemporaneous with a second closing involving the
same parties, payment obligations shall be met at both closings.);
b) City shall execute attached Exhibit B reflecting a donation by DMDC in
the amount of$25,000.
3. Title Insurance. City shall order an owner's policy of title insurance issued by a
mutually agreeable title company in the standard A.L.T.A. form, without the standard
exceptions, certified to the date of closing, in the amount of the purchase price that shows that
DMDC has good and marketable title. City may raise any objections to the exceptions or
encumbrances shown on the commitment within 20 days after City receives the commitment by
giving written notice to DMDC. If City raises a title objection, City shall not be required to close
this transaction unless DMDC cures the objection or City waives its objection. If DMDC elects
to cure the objection, DMDC shall take action to remove the exception or the encumbrance from
the chain of title, in order to remove it from the commitment and the policy. The title insurance
policy shall include a tax lien search certified to the date of closing that shows no tax liens
against the Premises.
4. Property Taxes and Assessments. DMDC shall be responsible for the payment
of all real estate taxes and assessments, including the Summer 2005 and December 2005 tax
bills, if not waived.
5. Survey. DMDC shall provide City with copies of any surveys DMDC has of the
Premises. City may obtain a survey of the Premises at City's expense, and City or City's
surveyor or other agents may enter the Premises for that purpose prior to closing. In the event
that a survey by a registered land surveyor made prior to closing discloses an encroachment or
G:IEDSIIFILES\00 10011881 .002\AG\C99165.DOC J
substantial variation from the presumed land boundaries or area, DMDC shall have the option of
effecting a remedy within 30 days after disclosure, or terminating this Agreement. City may
elect to purchase the Premises subject to said encroachment or variation.
6. Inspection Period. Commencing on the date of this Agreement, City, and City's
agents, employees, contractors and consultants may, prior to the Date of Closing, conduct such
inspections, investigations, appraisals, tests, feasibility studies, and determinations of the
Premises as City, in its sole discretion, shall desire in order to determine that the condition of the
Premises is acceptable and that the Premises is suitable for City's intended uses ("Due Diligence
Investigation"). All costs related to the Due Diligence Investigation, except enviromuental, shall
be paid for by City. The Due Diligence Investigation shall be completed within a reasonable
time, not to exceed 30 days ("Inspection Period") after execution of this Agreement by both
parties.
DMDC shall provide a completed Phase I Assessment, a completed Phase II Assessment,
and, if deemed necessary by City, in its sole discretion, a Baseline Enviromuental Assessment
(BEA). The Phase I Assessment, Phase II Assessment and BEA shall be performed by an entity
hired by DMDC from an approved list submitted by the City. Before or after date of closing,
City may petition the Michigan Department ofEnviromuental Quality (MDEQ) for a baseline
enviromuental assessment adequacy determination.
7. Representations, Covenants and Warranties ofDMDC. DMDC represents,
covenants and warrants the following to be true:
a. Organization and Standing of DMDC. DMDC is a Michigan municipal
corporation duly organized, validly existing and in good standing under the laws of the
State of Michigan.
b. Authority. DMDC has the power and authority to enter into and perform
its obligations under this Agreement.
c. Title to Purchased Assets. DMDC has good and marketable title to the
Premises, except as set forth in this Agreement. The Premises are subject to no
mortgage, pledge, lien, encumbrance, security interest, or charge except as will be set
forth on the title insurance commitment.
8. Representations and Warranties of City. City represents, covenants, and
warrants the following to be true:
a. Status of City. City is validly existing and in good standing under the
laws of the State ofMichigan.
G:\EDSI\FILESIOOI00\1881.002\AG\C99165.DOC 2
b. Authority. City has the power and authority to enter into and perform
City's obligation under this Agreement.
9. Conditions Precedent. This Agreement and all of the obligations of City under
this Agreement are, at City's option, subject to the fulfillment, before or at the time of the
Closing, of each of the following conditions:
a. Representations and Warranties True at the Closing. The
representations, covenants, and warranties of DMDC contained in this Agreement shall
be true in all material respects at the time of the Closing.
b. Performance. The obligations, agreements, documents and conditions
required to be signed and performed by DMDC shall have performed and complied with
the same before or at the date of the Closing.
c. Due Diligence Investigation. City has not terminated this Agreement
according to the provisions of paragraph 6.
10. Default.
a. By City. In the event City fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement and such default
is not cured within 10 days after receipt of notice (other than City's failure to tender the
purchase price in full at Closing, a default for which no notice is required), then DMDC
may terminate this Agreement, in which event both parties will be released from any
further liability under this Agreement, or DMDC may pursue its legal and/or equitable
remedies against City.
b. By DMDC. In the event DMDC fails to comply with any or all ofthe
obligations, covenants, warranties or agreements under this Agreement, and such default
is not cured within 10 days after receipt of notice, then City may either terminate this
Agreement, in which event both parties will be released from any further liability under
this Agreement, or City may pursue its legal and/or equitable remedies against DMDC.
11. Real Estate Commission. City and DMDC both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing ofthis sale. City and DMDC both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
12. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the closing
shall be held within 60 days of the date of this Agreement ("Date of Closing") but shall
be contemporaneous with the closing on the termination of an existing purchase
agreement between the parties dated , 200_. The closing shall be held at a
mutually convenient location.
G:\EDSIIFILES\00 10011881.0021AGIC99165.DOC 3
b. Costs. The costs associated with this Agreement and the closing shall be
paid as follows:
1. DMDC shall pay the premium for the owner's policy of title
msurance.
ii. DMDC shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the extent required by this
Agreement.
iii. City shall pay for the cost of recording the quit claim deed.
1v. City and DMDC shall equally split the cost of the closing.
c. Deliveries. At closing, DMDC shall deliver at its sole cost and expense
the following documents in a form reasonably satisfactory to City;
1. the warranty deed to the Premises.
ii. such other documents as may be reasonably required by City or the
title company to effectuate the transaction contemplated by this Agreement.
13. Possession. Possession of the Premises is to be delivered to City by DMDC at
Closing.
14. Risk of Loss. Until the time of closing, risk ofloss because ofthe damage to or
destruction of any improvements located on the Premises shall be solely that ofDMDC, except
to the extent that City caused the damage or destruction. Excluding damage caused by City, in
the event the improvements located on the Premises are damaged prior to the date of closing, and
are not repaired by DMDC prior to closing, City may elect to continue this Agreement in which
event DMDC shall assign to City any insurance proceeds to be received by DMDC because of
said damage or other destruction.
15. Notice. All notices and other deliveries required under this Agreement shall be
made and given to the appropriate party, or the office of the party, at the address set forth above
or at such other address as may hereafter be specified by such parties by written notice from time
to time. Notices shall be effective on the date of receipt, if given by hand, express delivery or
recognized courier service. Notices given by certified mail shall be deemed effective three
business days after the date of deposit in an authorized postal facility, as shown by its receipt for
certified mail. Either party may designate a telephone number to be used for fax notices to such
party, in which event any notice transmitted to such number shall be effective on the date shown
in the printed confirmation of such transmission, free of error, generated by the sender's
machine.
G:IEDSJIFILES\00100\1881.002\AG\C99165.DOC 4
16. Miscellaneous.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
b. Entire Agreement. This Agreement shall constitute the entire agreement,
and shall supersede any other agreements, written or oral, that may have been made or
entered into, by and between the parties with respect to the subject matter ofthis
Agreement and shall not be modified or amended except in a subsequent writing signed
by the party against whom enforcement is sought.
c. Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
d. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, and all of which together shall constitute one and the same
instrument. This Agreement shall become binding upon the parties when one or more
counterparts, individually or taken together, shall bear the signatures of all parties.
e. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
f. Severability. Should any one or more ofthe provisions of this Agreement
be determined to be invalid, unlawful or unenforceable in any respect, the validity,
legality and enforceability ofthe remaining provisions of this Agreement shall not in any
way be impaired or affected.
g. Assignment or Delegation. Except as otherwise specifically set forth in
this Agreement, City shall not assign all or any portion oftheir rights and obligations
contained in this Agreement without the express prior written approval ofDMDC, which
approval may be withheld in DMDC's sole discretion.
h. Venue. The parties agree that for purposes of any dispute in connection
with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and venue.
i. Survival ofRepresentations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for in this Agreement shall survive the closing date and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of City have been fully satisfied.
G:\EDSI\FILES\OOI00\!881.002\AG\C99!65.DOC 5
This Agreement is executed effective as of the date set forth above.
DMDC- Downtown Muskegon City- City of Muskegon
Development Corporation
ungton
Attest: Attest:
~·Lu-o.~·
Name:Cant
(j_~, ~~~
Q
. lcJu
e/uric.Q
(~ Ylk.
dwL ,(~_gg~v
ruJJ4 /cer- Name: Gail Kundinger 0
Title: '0 ;(. Cl ~ (&VV\"'"'. ~ f.Lo f\. Oev . Title: Clerk
Exhibit A
Legal Description
Page 15
LEGAL DESCRIPTIONS
DESCRIPTION OF PROPOSED WESTERN AVENUE
ALL THAT PART OF BLOCKS 309,310,311,312,560,564 AND 565 AND PART OF VACATED
WESTERN AVENUE OF THE REVISED PLAT OF THE CITY OF MUSKEGON, AS RECORDED IN
L!BER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, CITY OF MUSKEGON,
MUSKEGON COUNTY MICHIGAN DESCRIBED AS: COMMENCING AT THE SOUTHEAST
CORNER OF MORRIS AVENUE AND THIRD STREET; THENCE ALONG THE NORTHEASTERLY
LINE OF THIRD STREET S38'20'43"E 195.93 FEET, TO THE POINT OF BEGINNING; THENCE
S83'17'12"E 70.78 FEET; THENCE N51'46'18"E 1191.94 FEET; THENCE N58'32'56'E 328.42
FEET TO THE SOUTHWESTERLY LINE OF TERRACE STREET; THENCE S55'05'10"W 66.01
FEET; THENCE ALONG SAID SOUTHWESTERLY LINE 104.53 FEET ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 496.71 FEET, A CENTRAL ANGLE OF 12'03'27", THE CHORD OF
WHICH BEARS S48'01'37'E FOR A DISTANCE OF 104.34 FEET; THENCE S58'32'56"W 350.76
FEET; THENCE S55'14'25"W 66.01 FEET; THENCE S51'46'18"W 1187.31 FEET; THENCE
S06'42'48"W 70.64 FEET TO SAID NORTHEASTERLY LINE OF THIRD STREET; THENCE
N38'20'43"W 200.00 FEET ALONG SAID NORTHEASTERLY LINE OF THIRD STREET TO THE
POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 3.84 ACRES OR 167,225
SQUARE FEET OF LAND.
DESCRIPTION OF PROPOSED FIRST STREET
ALL THAT PART OF BLOCKS 309, 310, 311, 312, 560, 564 AND 565 AND PART OF
VACATED FIRST STREET OF THE REVISED PLAT OF THE CITY OF MUSKEGON, AS
RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, CITY
OF MUSKEGON, MUSKEGON COUNTY MICHIGAN DESCRIBED AS: COMMENCING
AT THE SOUTHEAST CORNER OF MORRIS AVENUE AND THIRD STREET; THENCE
ALONG THE NORTHEASTERLY LINE OF THIRD STREET S38'20'43"E 195.93 FEET;
THENCE S83'17'12"E 70.78 FEET; THENCE N51'46'18"E 913.35 FEET TO THE POINT
OF BEGINNING; THENCE N38'15'51"W 295.62 FEET TO THE SOUTHEASTERLY LINE
OF MORRIS AVENUE; THENCE ALONG SAID SOUTHEASTERLY LINE N23'38'35"E
74.90 FEET; THENCE S38'15'14"E 715.12 FEET TO THE NORTHWESTERLY LINE OF
CLAY AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE S51'39'36"W 65.95
FEET; THENCE N38'15'51 "W 384.32 FEET TO THE POINT OF BEGINNING. THE
DESCRIBED PARCEL CONTAINS 1.06 ACRES OR 46,045 SQUARE FEET OF LAND.
ExhibitB
Donation Agreement
DONATION OF REAL PROPERTY UNDER THE UNIFORM RELOCATION ASSISTANCE
AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA), AS AMENDED
I, Downtown Muskegon Development Corporation, am presently the owner of the property described on
attached Exhibit A.
I have been formally notified that this property is to be acquired for a project to be carried out by the City
of Muskegon with federal funds from the U.S. Department of Housing and Urban Development through
the state of Michigan. As the property owner, I understand that I am entitled to receive just compensation
for my property and cannot be required to sell the property to the City of Muskegon for less than its
appraised fair market value. I also understand that I may donate my property.
I have been further advised that the acquiring agency is responsible for having a real estate appraisal of
my property prepared and that I may accompany the appraiser during the inspection of my property. The
appraisal must be reviewed by a certified or licensed appraiser to establish just compensation for my
property.
The City of Muskegon has provided me a copy ofHUD Booklet 1041-CPD, "When a Public Agency
Acquires Your Property."
I have been informed that the estimated fair market value of my property is Four Hundred Seventy-Five
Thousand Dollars ($475,000) and hereby release the City of Muskegon from the requirement of preparing
an appraisal and donate my property to the extent the value of the property exceeds Four Hundred Fifty
Thousand Dollars ($450,000). I do this freely on the basis of my full understanding of my legal rights
under the URA. I am under no duress or coercion and make this decision without reservation or
qualification.
WITNESSES: DOWNTOWN MUSKEGON
DEVELOPMENT CORPORATION
By: _ _ _ _ _ _ _ _ _ _ __
Its--------
Dated: _ _ _ __ '2005
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _ _ day of , 2005 by
===c=-:-=--==-=c...,...,.,---,-- ,....-..,...-----' for and on behalf of the DOWNTOWN MUSKEGON
DEVELOPMENT CORPORATION.
, Notary Public
State of Michigan, County of Muskegon
My commission expires: , - - - - - - -
Acting in County of Muskegon
G:\EDSI\FILES\00100\1881\MISC\C98292.DOC
Date: July 14, 2005
To: Honorable Mayor & City Commission
From: Bryon Mazade, City Manager
RE: Development and Reimbursement Agreement
between the City of Muskegon, the Brownfield
Redevelopment Authority and the Downtown
Muskegon Development Corporation
SUMMARY OF REQUEST: The Development and Reimbursement
Agreement outlines the responsibilities of each party in regards to the
redevelopment of the former Muskegon Mall site. The signed document
is required for the Brownfield Work Plan, which will be reviewed by the
Michigan Economic Development Corporation on August 1, 2005.
FINANCIAL IMPACT: These impacts are included in the Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development and
Reimbursement Agreement and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment
Board will meet on July 26 to consider approval of the document.
Commission Meeting Date: .July 26, 2005
Date: .July 20, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Supplier for fiscal year 2005 •
2006
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services department selection of the vinyl siding supplier for fiscal year
2005 - 2006. After reviewing all bids, the department selected the
lowest bid by Premier Building Supplies located at 2151 S. Harvey -
Muskegon for the price of $37.65 (thirty-eight dollars and ninety-four
cents) per building square for white and $39.94 (thirty-nine dollars and
ninety-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2005 - 2006
siding fund.
BUDGET ACTION REQUIRED: None required at this time
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: Funding for the vinyl siding
program was approved by the commission during the allocation period
last April.
Commission Meeting Date: July 26, 2005
Date: July 20, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Contractors for fiscal year
2005-2006
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign contracts with Cutting Edge Construction, 975
Washington, Muskegon and Gawlik Construction, 2084 Mary, Muskegon
to install vinyl siding at an agreed price of $70.00 (Seventy dollars) per
building square for the siding program, 2005- 2006 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2005 - 2006
CDBG Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the siding program
was approved by the commission during the 2005~2006 allocation
period last April.
Date: July 26, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Authorization to Negotiate Construction Contract for the Mall Re-
Development Project
SUMMARY OF REQUEST:
Authorize staff to negotiate with Milbocker & Sons, the lowest responsible bidder, a
construction contract to construct the infrastructure within the referenced development
without the snowmelt system and related items from the bids which were received on the
8th of July, 2005. The removal of that system will result in a base bid reduction of
$821 ,082.40 plus a possible reduction in the unit prices of other items within the contract
that maybe impacted by the snowmelt system. If authorized, staff's recommendation and
final numbers will be brought to the Commission at a later date for a decision.
A copy of the bid tabulation for the two lowest bids is attached reflecting prices with and
without the snowmelt system.
FINANCIAL IMPACT:
None at this time
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to negotiate with Milbocker and Sons since they were the lowest responsible
bidder with or without the snowmelt system.
COMMITTEE RECOMMENDATION:
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DATE: July 11, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050086
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
227 Southern 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: # EN-050086 - 227 W. Southern
Location and ownership: This structure is located on W. Southern between Fifth
and Sixth Streets and is owned by Anthony Gomez.
Staff Correspondence: A dangerous building inspection was conducted on
02/23/05. The Notice and Order to Repair was issued on 02/23/05. On 04/07/05
the HBA declared the structure substandard and dangerous.
Owner Contact: Mr. Gomez was not present for the HBA meeting. An electrical
permit for service only was issued on 04/28/05. Mr. Kleibecker said he had a
personal conversation with Mr. Gomez late last fall regarding getting this project
going, Mr. Gomez indicated he had an electrical contractor involved. There have
been no inspections, no new permits issued and no owner contact since that
time.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $18,200
Estimated cost to repair: Exterior Only $15,000. Note: Housing Inspection
report notes additional $10,000 in repairs.
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, July 26, 2005.
C:\Documents and Scttings\Potter\Local Settings'lfemporary Internet Files\OLKIA\AGENDA ~227 W Southern,doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
227 W. Southern
02/23/05
Inspection noted:
1. Front porch columns disconnected failing structural support for roof
system. Replace, repair to code.
2. Chimney on home needs to be rebuilt severe lean.
3. Siding on home needs repaired, replaced, scraped and painted to protect
exterior or reside home.
4. Windows, doors, frames, and sills need to be repaired, replaced and
protected from weather.
5. Back porch must repair, replace, guardrail and handrail.
6. Repair, replace any roof system damage on home, garage, soffit, fascia
and shingles.
Please contact Inspection Services with any questions at 231-724-6715.
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 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\227 W Southern.doc
DATE: July 14, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050079 Address:
1538 Hudson
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
1538 Hudson- Area 12 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: #EN-050079, 1538 Hudson, Muskegon, Ml
Location and ownership: This structure is located on Hudson between W. Grand
and W. Southern and transfer of ownership from Terri L. Michael to Daniel
Ortega as of 05/31/05.
Staff Correspondence: Case began with a police report 01/25/05 where house
was found unsecured and trash throughout the interior. A dangerous building
inspection was conducted 02/02/05. Notice & Order was issued 02/09/05. Case
came before the HBA and was declared dangerous, substandard, a public
nuisance on 04/07/05.
Owner Contact:: Terri L. Michael and Bernadette Stover was at the HBA meeting
04/07/05 to represent this case. Ms Michael stated initial plans were for her
daughter and son-in-law to fix up property and move in. Ms. Michael also stated
that they had spoken with an interested buyer. No permits issued, no inspections
scheduled and no owner contact since that time.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $17,300
Estimated cost to repair: $20,000 ( Exterior Only)
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, July 26, 2005.
C:\Documents and Settings\Potter\Local Settings\femporary Internet Files'OLKIA\AGENDA -1538 Hudson.doc page I of 1