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CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 14, 2007 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • INTRODUCTIONS/PRESENTATION: • CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Precinct Boundary Modifications. CITY CLERK C. Liquor Control Commission - Law Enforcement Recommendation for Tipsy Toad. PUBLIC SAFETY D. Maintenance Agreement for Two CSX Railroad Properties. PLANNING & ECONOMIC DEVELOPMENT E. Budgeted Vehicle Replacement - Three Chevrolet Impalas. PUBLIC WORKS F. Budgeted Vehicle Replacement - Three GMC Canyons. PUBLIC WORKS • PUBLIC HEARINGS: A. Request to Issue an Obsolete Property District - 585 W. Clay. PLANNING & ECONOMIC DEVELOPMENT B. Request to Issue an Obsolete Property Certificate - 585 W. Clay. PLANNING & ECONOMIC DEVELOPMENT C. Spreading of the Special Assessment Roll for Western Avenue, Third Street to Eighth Street. ENGINEERING D. Spreading of the Special Assessment Roll for Getty Street. Hovey Avenue to Keating Avenue. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: A. Waiver of Building Permit Fees - United Way. CITY MANAGER B. Waiver of Building Permit Fees - Love, INC. CITY MANAGER C. City - MDOT Agreement for the Traffic Signal Upgrade on Laketon Avenue from Creston Street to Barclay Street· and the Traffic Signal Installations on Marquette Avenue at Harvey Street and Broadmoor Street. ENGINEERING o ANY OTHER BUSINESS: • 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 l O minutes if previously registered with City Clerk.) • ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE BECKER, CITY CLER!<, 933 TERRACE STREET, MUSl< f) L.33"1!S'r.lfl3llnH ~ >, t::'. (I) c.. e CL @ 0 Date: August 14, 2007 To: City Commission From: Community Relations Committee RE: Resignation and Appointments from Various Boards SUMMARY OF REQUEST: The following people have resigned from their respective committees. Applications are attached for those applicants who expressed an interest to serve on the board: ODA - Resignation of Rich Taylor, term expires January 31, 2011 - Citizen. Potential Applicant: Chip VanderWier - Citizen Library Board - Mayor/City Commission Appointment, term expires June 30, 2011. Potential Applicants: Doris Rucks (Recommended by Charles Johnson, Jr. President of the Board of Trustees of Hackley Public Library) Donata Clanton Ofelia Jimenez Equal Opportunity Committee - Resignation of Latesha Thomas, term expires January 31, 2009 Citizen. Potential Applicant: Janice Kay Knox-Foster - Resident STAFF RECOMMENDATION: The Community Relations Committee recommends acceptance of the resignation of Rich Taylor and Latesha Thomas and the appointments of Chip Vanderwier to the ODA, Doris Rucks to the Library Board, and Janice Kay Knox-Foster to the Equal Opportunity Committee. Date: 08/14/07 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase three 2008 Chevrolet Impalas from Berger Chevrolet. FINANCIAL IMPACT: $45,648.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase of three Chevrolet Impalas from Berger Chevrolet. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 08/14/07 Re: Budgeted Vehicle Replacement The Equipment Division has scheduled the replacement of the three 1998 sedans for 2007. These vehicles will be going to the Detective Bureau. I have requested prices from area dealers as well as the statewide purchasing contract. Attached is a summary of the bids. In accordance with established purchasing policy, I am requesting permission to purchase three Chevrolet Impalas from Berger Chevrolet. 1 ,_______________Equipment Purchase - 2007 Berger Chevrolet Sparta Chevrolet Don Rypma ·-··--- 2525 28th S.E 8955 Spart_aA_ve 8130 WhitElhall Rd. Type of Vehicle Grand Rapids.Mi . . ..49512 .. . . . ·-Sparta.Mi 494345 ..... ·r, Whitehall.Mi .. . 49461 -- ---------j 1--------...,(~tate contractor) ! - - - . , - - ··-- ----, 3 Chevrolet Impalas ------. ---- - $15,228.00 $16,800.00 ------ ! i ----- $16,910.28 1 - - - - - - - ------ ! ' >------------~ - - - - - - - - - ' Total $45,648.00 $50,400.00 $50,730.84 · - - ... ·1i ,--------1 Date: 08/14/07 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase three GMC Canyons from Glenn Buege GMC. FINANCIAL IMPACT: $34,524.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase of three GMC Canyons from Glenn Buege. Memorandum To: Honorable Mayor and City Commissioners From:DPW Date: 08/14/07 Re: Budgeted Vehicle Replacement The Equipment Division has scheduled the replacement of the three small pickup trucks in 2007. Two of the vehicles will be used by our internal Building Maintenance employees (replacing a 1992 and 1999 trucks) the other will be used for water meter reading, replacing a 1999 truck. I have requested prices from area dealers as well as the statewide purchasing contract. Attached is a summary of the bids. In accordance with established purchasing policy, I am requesting permission to purchase three Chevrolet Canyons from Glenn Buege GMC. 1 Equipment Purchase - 2007 . ·---- --- ·-· -----· Elhart Don Rl(Qma ------· .. - 1 .. Glenn Buege ---·-··--- -- - - 922 Chicago Dr. 8130 Whitehall Rd I 3625 Pennsl(lvania Tl(Qe of Vehicle Holland Mi. 49423 Whitehall Mi. 49461 Lansing Mi.48910 I 3 GMC Canyons $13,168.65 $13,130.65 $11,SQB.00 --- ---- ------ ---- - ----- ------ - - - - --------- --- -- ----- ---- ------- - - -- __________ ,, __ ! - ------···--"- Total $39,505.95 $39,391.95 i $34,524.00 . . --·-·-· T------- i Commission Meeting Date: August 14, 2007 Date: August6,2007 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to issue an Obsolete Property District - 585 W. Clay SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Jack McPherson has requested an issuance of an Obsolete Property District. The district would be located at 585 W. Clay Ave, Muskegon, Ml. Total capital investment for this project is $200,000. The project will result in the creation of 20 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 attached resolution establishing an Obsolete Property District for 585 W. Clay, Muskegon, Ml. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTIONNO. 2007-68(a) A resolution establishing an Obsolete Property Rehabilitation District. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption Certificates. B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property. C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or taxpayer of the City to appear and be heard. Said notice was given at least ten (I 0) days before the hearing. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. That the property described in this resolution and proposed as an Obsolete Property Rehabilitation District is characterized by obsolete commercial property. 2. That the obsolete commercial property, the subject of this resolution, is described on the Attachment A to this resolution. 3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the lands and parcels set forth in the attached description. This resolution passed. Ayes Shepherd, Spataro, Wierenga, Carter, Davis, and Gawron Nays None CITY OF MUSKEGON B y ~ ~ \~ \ J ~ 9::,J..,0Lv--, Ann Marie Becker Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on August 14, 2007. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ~ ~v0-. ~ l\:,,r0, Ann Marie Becker Clerk ATTACHMENT A: PROPERTY DESCRIPTION CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 323 EXC SLY 61 FT Tl-l'OF Commission Meeting Date: August 14, 2007 Date: August 6, 2007 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to issue an Obsolete Property Certificate - 585 W. Clay SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Jack McPherson has requested the issuance of an Obsolete Property Certificate for the property located at 585 W. Clay, Muskegon, Ml. The building will be rehabilitated and will be mixed-use, with the top floor serving as residential and the bottom floor commercial. Total capital investment for this project is $200,000. The project will result in the creation of 20 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 attached resolution issuing an Obsolete Property Certificate for 585 W. Clay, Muskegon, Ml. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTIONNO. 2007-68(b) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Jack McPherson, 585 W. Clay. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from Jack McPherson, 585 W Clay , to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application property is located was established after hearing on August 14, 2007, being the same date that the district was established. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on August 14, 2007, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, Jack McPherson, 585 W Clay, is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for six (6) years. I. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the property at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by August 14, 2008, or one year after the Certificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Jack McPherson, 585 W Clay, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of six (6) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Spa taro, Wierenga, Carter, Davis, Gawron, and Shepherd Nays: _N:..:...:.o.:.:n:.::e:___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By \j\v,j 1'-C,\,•~~:J b,tc/(/L'\ Ann Marie Becker, City Clerk 2 CERTIFI CA TE This resolution was adopted at a meeting of the City Commission held on August 14, 2007. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By~\.--.__~..,\ ;0._ ~_,A4,L=-\ Ann Marie Becker, City Clerk 3 ATTACHMENT A: PROPERTY DESCRIPTION CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 323 EXC SLY 61 FT TH'OF 4 Jock McPherson 3046 Knollwood Ct. Muskegon, Ml 4944 l August 3, 2007 City Commission This is a letter of intention to provide details on my intent of renovation of my properly ol S85 W. Cloy. The property wos built in 1890 ond wos home lo (orison's Markel. Upon my ownership, the building was abandoned. It is a two story building with o lolol square footage of 3,000 sq. feel. The total renovation will consist of o complete restoration of the forode to restore the building to its original orchitectural design aspects. The building will also be improved to comply with up to dote codes and ADA standards such as a handicap accessible entrance ond hundicop restrooms. I will further restore the building to code by updating the heating and cooling, and replacing all of the windows. On the exterior of the building I pion lo update all of the tuck pointing on the brick work and enhance the spoce with new land scoping. All of these improvements will comply with any historicol district guidelines. There are several different uses I om considering for the lower level of the properly once oll improvements ore complete. I would like to either use it us ii was originally used, us a small market, a retail space, ice creum parlor, a bur with combined restouronl or us on office space. Whichever I decide for the lower level, the top level will be used as residential space. I would like to begin all restorations on or around August 15, 2007, with all restoration complete on August 15, 2008.1 om estimoting my total cost of renovation al $175,000 to $250,000. When complete I om projecting my new business will odd at least 20 jobs lo the downtown Muskegon area. Sincerely, ),,,f ;,Yl1/"/41c1r-~ Jock McPherson Date Encl: Restoration timeline Restoration Timeline August 2007 to October 2007 Tuck pointing Windows Front ADA compliance Replacing oll rotted or damaged wood Rear sloircose November 2007 to April 2008 All interior work heating ond cooling Restroom ADA compliance Necessary build outs Moy 2008 to August 2008 Lund scoping Any exterior work to be done Mich'igan Department of Treasury, STC 3674 (8-00) APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE This form is issued as provided by P.A. 146 of 2000 .. Filing of this form ls voluntary. This application should be filed after the district is established. This project will not receive tax benefits until approved by the State Tax Commission. INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. (The State Tax Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION UNIT. Clerk must also complete sections 14, 15 and 17 on page 2. Application No. Date This Application Was Received Date Received I I .1.00 licant, do not write above this line. Be in entries at 1a below. Important Note: l----"--'-'-""'-'=~-'---'---'-!.....!'=.L,._,Ll"--,1--------I If this application form (3674) is not fully completed, it will be b. returned by the Property Tax Division prior to any processing being done by the State Tax Commission 2. a. School Code 010 5. E rs, 7. Project will have the reasonable likelihood to: (Check one or more) 8. Legal Description of Obsolete Property increase commercial activity create employment Lot- (_p Block 323 exr:..e.pf- D ':::Jfy ~ I -9+-. +he.v-e.. c£. retain employment D prevent a loss of employment B D revitalize urban areas increase the number of residents ln the community 'Revtse_d -Pia+ of 1qo3 in which the facility is situated 7a. Indicate the number of jobs to be retained or created as a result.,-, of rehabilitating the facility, including expected construction employment: 9. The following must be provided to the local governmental unit as attachments to this application: (a) General description of the obsolete facility, (b) General description of the proposed use of the rehabilitated facility, {c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated f~&i!J&' JH¢tfofi!11e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from 8 10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education Tax. Please check the following box if you wish to be considered for this exclusion: D 11. APPLICANT'S CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the exemption certificate. It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission. 12. Name of Person lo Contact for Further Information Tille Telephone Number ,n.N,-r,.! i,21, ) '.(5'9 1/35-'Y" Mailing Address ' Title Telephone Number Date 7-.J/-0'7 *In ormation contained in this application and supporting documentation may be subject to review by the public if a Freedom of Information Request is filed. , 3674 (page 2) LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting the application to the State Tax Commission. Include a copy of the resolution which approves the application. 14. Action Taken ~ Date of Action: dt;Just /~ Jooz ~ EXEMPTION APPROVED FOR 6 Years • DISAPPROVED Ending December 31, d0L3 (not to exceed 12 years) 15. RESOLUTION MUST CONTAIN THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission. • A statement that the local unit is a Qualified Local Governmental Unit. • A statement that all of the items described on line 9 of the Application for • A statement that the Obsolete Property Rehabilitation District was legally established including the date established and the date of hearing as Obsolete Property Rehabilitation Exemption Certificate have been provided to the Qualified Local Governmental Unit by the applicant. • provided by section 3 of P.A. 146 of 2000. A statement indicating whether the taxable value of the property proposed • A statement that the commencement of the rehabilitation of the facility did not occur before the establishment of the Obsolete Property Rehabilitation to be exempt plus the aggregate taxable value of property already exempt District. under P.A. 146 of 2000 and under PA 198 of 1974 (IFT's) exceeds 5% of the total taxable value of the unit. • A statement that the application relates to a rehabilitation program that when completed constitutes a rehabilitated facility within the meaning of P.A. 146 of • !f ii exceeds 5% (see above), a statement that exceeding 5% will not have the effect of substantially impeding the operating of the Qualified local 2000 and that ls situated within an Obsolete Property Rehabilitation District established in a Qualified Local Governmental Unit eligible under P.A. 146 of Governmental Unit or of impairing the financ!al soundness of an affected 2000 to establish such a district. • taxing unlt. A statement that the application was approved at a public hearing as • A statement that completion of the rehabilitated facility is calculated to, and will at the time of issuance of the certificate, have the reasonable likelihood provided by section 4(2) of PA 146 of 2000 including the date of the to, increase commercial activity, create employment, retain employment, hearlng. prevent a loss of employment, revitalize urban areas, or increase the number • A statement that the applicant is not delinquent in any taxes related to the facility. of residents Jn the community in which the facility is situated. The statement should indicate which of these the rehabilitation is likely to result in. • A statement of the factors, criteria and objectives, if any, necessary for extending the exemption, when the certificate is for less than 12 years. • A statement that the rehabilitation includes improvements aggregating 10% or more of the true cash value of the property at commencement of the 0 A statement that the applicallon is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A. 146 of 2000. section 2(h) of Public Act 146 of 2000. • A statement of the period of time authorized by the Qualified Local Governmental Unit for completion of the rehabilitation. 16. ASSESSOR: Taxable Value State Equalized Value (SEV) Current Taxable Land L3, 30/ /3, if_ 3 s- !.<;;' dGS" -- Value and State l ,;;._ LL :L Buildings Equalized Value of obsolete properties Buildings on Leased Land - -- broken down for: Other Personal Property Year of Values dl.oo z 0(00 Z 17. Name of Local Government Body {!,/1-v o.f! JJ!u.s/fe_,zon I Date;f~;o;ro: To 71ication CLERK'S CERTIFICATION - The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way. Further, the undersigned is aware that if any information provided is untrue, the exemption provided by PA 146 of 2000 may be in jeopardy. s;g~"\~'e"' !"{ . ~ Date Telephone Number JI '"'-'- :\~V\..,.' .. ' ., A JJ-15--07 I .;J.3/ I 7:l -~ 70.s-' Clerk's Mailing Address City ZIP Code 933 Terre,ice /Jlu.sJre,,on. m; YYfYtJ /;1uske~on V?YYo Applications recefved after Oclober 31 may not be acted upon in the cu'rrent year. This application is subject to audit by the State Tax Commission. Mail completed Application and copy of Resolution to: State Tax Commission Michigan Department of Treasury P.O. Box 30471 Lansing, Michigan 48909-7971 If you have any questions, please call (517) 373-2408 or 373-3302. TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: August 14, 2007 RE: Public Hearing Spreading of the Special Assessment Roll Western Ave., Third St. to Eighth St. SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Western Ave. from Third St. to Eighth St., and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMP ACT: A total of $53,169.90 would be spread against the thirty-five (35) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2007-68 ( c) Resolution Confirming Special Assessment Roll For Western Ave. from Third St. to Eighth St. Properties Assessed: See Exhibit A attached to this resolution. RECITALS: I. The City Commission determined to create a special assessment district covering the Properties set fo11h in Exhibit A attached to this resolution on August 8, 2006, at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: 1. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten (10) years. Any assessment that is paid in installments shall carry interest at the rate of five (5) percent per annum to be paid in addition to the principal payments on the special assessment. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL FOR: Western Ave., from Third St. to Eighth St. Continued ... 3. The Clerk is directed to endorse the certificate of this confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confirmation. This resolution passed. Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None c\ City of Muskegon By ~\_,\ '-''~\\~\.,\_,,~3 (1.Q ,jC\/\ Ann Marie Becker, MMC City Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on August 14, 2007. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on this date, being August 14, 2007. ( City of Muskegon By ~\ ✓~\l~.v\_,,\_A/_ (LLd{L\ Ann Marie Becker, MMC City Clerk EXHIBIT A WESTERN A VE., THIRD ST. TO EIGHTH ST. SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Western Ave. from Third St. to Eighth St. Western Avenue - Third to Eighth ·,v I !' f/~~ ~- I !l ~//~\~¥ 1y / .. \~ ,\ #A~~ . . ,,._ Western Avenue N .~✓~v~~ J///JJ ~)\v~~~~~0 W~« E s WESTERN AVE., THIRD ST. TO EIGHTH ST. 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. CITY OF MUSJ<.it\ E s GETTYST.,HOVEY AVE. TO KEATING AVE. . 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 THE FOLLOWING: H-1620 ,Getty St., Hovey Ave. To Keating Ave. 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 3rd DAY OF AUGUST 2007 ~/Y±'~~ SUBSCRIBED AND SWORN TO BEFORE ME THIS /7 r-1 DAY OF dlfflttS T , 2007. ~~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES f - clS-- d0/ ;z_ August 3, 2007 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL Dear Property Owner: The Muskegon City Commission has previously approved the project described below and will now consider final confirmation of the special assessment roll: GETTY STREET, KEATING AVE. TO HOVEY AVE. Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, AUGUST 14, 2007 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED AUGUST 14, 2007 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-4712) OR EMAIL ADDRESS: TAXTRIB@MICHIGAN.GOV. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. Costs The final projected cost of the street improvement portion of the project is $387,500.00 of which $73,799.36 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed$ 391.68 based on 12.24 feet assessable front footage at $32.00 per assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of$ 391.68 Following are the terms of the special assessment: The total assessment of$ 391.68 may be paid in full any time by the due date of October 15, 2007 without interest being charged. After this date, interest will be charged at the annual rate of 5% on the remaining balance. Assessments also may be paid over a ten-year period in ten equal principal installments of$ 39.17 (plus accrued interest). If you pay your assessment in installments, your annual installment (plus accrued interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this charge. Should you wish to avoid having the annual Installment placed on the property tax bill by making a separate payment or to pay the total balance due, please contact the Treasurer's office at (231) 724-6720. The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assessment for financial assistance. Sincerely, Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options Property owners In the City of Muskogon who are being spocially assessed for street, sldowalk or other public Improvements may pay their assessment In the followlng ways: L_J.J.HllB. Sum PfiY._mrmUJ1£!!ll Assessments may be paid In full within sixty (60) days of the confirmation of the special assessment roll j withO(I/ interest. /1•./n$}Qflment F'_ Departments > Projectmgmt > Road Improvement District PME llome Oi v1s1ons Publications FIIQ's ConlflCl Us Re lated Lin l
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