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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 14, 2006
CITY COMMISSION CHAMBERS@ 5:30P.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. Aooroval of a Neighborhood Enterprise Zone Certificate at 1120
Jefferson. PLANNING & ECONOMIC DEVELOPMENT
C. Sale of Buildable Vacant Lot at 1293 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
D. Contract for Mowing Services. PLANNING & ECONOMIC
DEVELOPMENT
E. Purchase of Computer Equipment. PUBLIC SAFETY
F. Request for an Encroachment Agreement. ENGINEERING
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Cole's Quality
Foods. PLANNING & ECONOMIC DEVELOPMENT
B. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
C. 2006-2007 CDBG/HOME Recommendation and City Commission
Preliminary Decision. COMMUNITY & NEIGHBORHOOD SERVICES
D. Create a Special Assessment District for Lakeshore Drive. McCracken
to 145' Northeasterly of Centerline of Vanderlinde. ENGINEERING
E. Create a Special Assessment District for Western Avenue. 3rd Street to
Sth Street. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. l. C. Walker Arena Management Agreement. FINANCE
B. Muskegon Townshi(;! Water Billing Agreement. CITY MANAGER
C. Variable Frequency Drive Re(;!airs Resulting from Power Surge. WATER
FILTRATION
D. Amend the Soecial Assessment Roll for 2004 Sidewalk Re(;!lacement
Program. ENGINEERING
E. Consideration of Bids: Forest Avenue, Davis to Ruddiman.
ENGINEERING
F. Consideration of Bids: Cherry Street, Wilcox to Thom(;!son.
ENGINEERING
0 ANY OTHER BUSINESS:
0 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.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERI<:, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: March 14, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, February 28, 2006.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 14, 2006
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 5:30 p.m .. Tuesday, March 14,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor Michael
Borgert from the First Christian Reformed Church 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 Stephen Gawron,
Commissioner Chris Carter, Kevin Davis, Lawrence Spataro, and Sue Wierenga,
City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail
Kundinger.
Absent: Commissioner Clara Shepherd (excused).
2006-23 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, February 28, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Sale of Buildable Vacant Lot at 1293 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1293
Marquette Avenue to Pierre and Tondalaya Tyson. The lot is 100 x 132ft. and is
being offered to Mr. and Mrs. Tyson for $6.750. A single family ranch style home
will be constructed. The home will have a two stall garage and five bedrooms
with two of the bedrooms being located in the basement. The square footage
of the home will exceed what is required by the policy. The closing will take
place 120 days from the City Commission approval.
FINANCIAL IMPACT: The sale of this lot for the construction of a single family
home will generate additional tax revenue for the City and will place the
property back on the City's tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval of the sale with the closing taking place in 120 days as
opposed to 90 days from the City Commission approval of the sale at their
regular meeting of February 26, 2006.
D. Contract for Mowing Services. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve a two-year contract with the Sheldon Park
Neighborhood Improvement Association for the maintenance of two City-
owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize execution of the contract. The
responsibility for cleaning and mowing these lots would belong to the
Association rather than the City and would extend through 2007. The City's
estimated cost of $2,000 to maintain the lots over this period would then be
donated to the Association. The neighborhood has maintained the lots for
several years under similar agreements and has done a good job.
E. Purchase of Computer Equipment. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of Criminal Forfeiture Funds to purchase new computer
hardware. These computers will be utilized by the Patrol Bureau, Community
Officers and the Professional Standards Office. The current computers are
approximately 3-4 years old and we are beginning to experience a number of
malfunctions. This purchase will coincide with the start-up of the County's new
records management system. We would like to replace 13 computers. This bid
was developed with the assistance of the Information Technologies
Department.
FINANCIAL IMPACT: Cost for this package is $16.7 65 ($ 1,290 per unit). There is no
impact on General Fund monies.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of this request.
F. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: Inland Seas on behalf of Marathon Petroleum Company
has filed an encroachment agreement form to install four monitoring wells in the
public right-of-way in the area of Sherman Blvd. and Glenside Blvd.
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 Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read with the exception of item B.
ROLL VOTE: Ayes: Davis, Gawron, Spataro, Warmington, Wierengo, and Carter
Nays: None
MOTION PASSES
2006-24 ITEM REMOVED FROM THE CONSENT AGENDA:
B. Approval of a Neighborhood Enterprise Zone Certificate at 1120
Jefferson. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
certificate has been received from Millie Ortiz to rehabilitate a home in the
Nelson neighborhood at 1120 Jefferson Street that she has just purchased. The
home is on the dangerous building list and the applicant has set up a timeline
for repairs with the Inspections Department. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $30,000. There will be new electrical, plumbing, furnace,
windows, some drywall and the repairing of the floor and walls. The applicant
has met local and state requirements for the issuance of the Neighborhood
Enterprise Zone certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 7
years
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the Neighborhood Enterprise
Zone certificate.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Neighborhood Enterprise Zone Certificate for 1120 Jefferson.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Carter, and Davis
Nays: None
MOTION PASSES
2006-25 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Cole's Quality
Foods. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Cole's
Quality Foods, 1188 Lakeshore Drive, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1188 Lakeshore Drive,
Muskegon. The total capital investment is approximately $2,000,000 in personal
property. This request qualifies Cole's Quality Foods for a term of eight years for
personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of eight years for personal property.
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 Vice Mayor Gawron, second by Commissioner Wierengo to close the
Public Hearing at 5:43 p.m. and approve the request for an Industrial Facilities
Exemption Certificate for Cole's Quality Foods.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
B. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 23,
2006, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. Comments were heard from Ann Mahan-McAllister, 2236 Oak
and Malachi Williams Jr., 3031 Merriam, the owners of Dreamers.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 5:57 p.m. and approve the recommendation for annual
renewal of liquor licenses and adopt the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
C. 2006-2007 CDBG/HOME Recommendation and City Commission
Preliminary Decision. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a Public Hearing concerning the
CDBG/HOME 2006-2007 recommendation submitted by both the administration
and the Citizen District Council. The Public Hearing is to gather information from
the public concerning the 2006-2007 CDBG/HOME funding which is to be
$1,060,145 and $301,767 respectively, excluding any program income or
reprogrammed funding. The City Commission is also asked to make their
preliminary decision on what items should be funded and at what amounts. The
City Commission will be asked to make their final decision on April 11, 2006,
during the scheduled Commission Meeting.
FINANCIAL IMPACT: The 2006 - 2007 allocations will be based on the
Commission decision(s).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the Public Hearing and to make a
preliminary allocation decision.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments
from the public. Comments were heard from Diana L. Miller, Habitat for
Humanity; Frank Cobb, 801 Mills; Heidi Steig man, 1030 Ducey; Lynn Nash, 1405
Lakeshore; Jamie Langlois, 3447 Chippewa; Dan Bonner, 1652 Nelson; Jessica
Elsey, 47 6 Muskegon; Frank Noble, 1924 Jiroch; and Lois Brinks.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 7:14p.m.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Spataro
Nays: None
MOTION PASSES
Discussion to continue at the end of the meeting.
D. Create a Special Assessment District for Lakeshore Drive, McCracken
to 145' Northeasterly of Centerline of Vanderlinde. ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Lakeshore Drive, McCracken Avenue to 145' northeasterly of the
centerline of Vanderlinde Street, and to create the special assessment district
and appoint two City Commissioners to the Board of Assessors if it is determined
to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 7:15 p.m. to hear and consider any comments
from the public. Comments were heard from Jim Larsen, 1605 Lakeshore in
opposition of the project; and Richard McEwen, 1812 Lakeshore in favor of the
project.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 7:24 p.m. and approve the creation of the special assessment
district for Lakeshore Drive, McCracken to 145' northeasterly of the centerline of
Vanderlinde.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, and Spataro
Nays: None
Abstain: Warmington
MOTION PASSES
Mayor Warmington and Commissioner Davis were appointed to the Board of
Assessors.
E. Create a Special Assessment District for Western Avenue, 3•d Street to
8th Street. ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Western Avenue, Third Street to Eighth Street, and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 7:26 p.m. to hear and consider any comments
from the public. Comments were heard in opposition from Derrick Ebbadon,
16327 Highland Drive, Spring Lake, representing Port City CIO.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing at 7:31 p.m. and create the special assessment district for
Western Avenue, 3•d Street to Sth Street and appoint two City Commissioners to
the Board of Assessors.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Spataro, Warmington, and Wierengo
Nays: None
MOTION PASSES
Commissioner Spataro and Wierenga were appointed to the Board of Assessors.
2006-26 NEW BUSINESS:
A. L. C. Walker Arena Management Agreement. FINANCE
SUMMARY OF REQUEST: Staff has negotiated a new management agreement
for the L. C. Walker Arena. The new agreement greatly simplifies the relationship
between the City and the arena manager, limits the City's financial exposure
and provides private-sector incentives to utilize the facility to its fullest.
FINANCIAL IMPACT: The proposed contract will reduce and limit the City's
financial obligation for the arena. Additionally, a mechanism is established to
fund future repairs.
BUDGET ACTION REQUIRED: None at this time. If contract is approved, budget
amendments will be made during the second quarter reforecast and will
include creation of the repair and maintenance fund, adjustments to the
budgeted revenues and expenses of the Arena fund reflecting partial year
operations under the old contract, and adjustments to the General fund
reflecting the new management fee arrangement.
STAFF RECOMMENDATION: Staff recommends approval of the proposed L. C.
Walker Arena Management agreement.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the L. C. Walker Arena Management agreement as proposed.
ROLL VOTE: Ayes: Davis, Gawron, Spataro, Warmington, Wierengo, and Carter
Nays: None
MOTION PASSES
B. Muskegon Township Water Billing Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a reduction in billing service cost to
Muskegon Township from $5.250 a month to $2.625 a month for January, 2006,
through May, 2006. This adjustment is due to the fact that Muskegon Township is
no longer fully utilizing the City's billing services.
FINANCIAL IMPACT: Reduction in revenues of $15,750.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request and authorize City staff to
execute documents to enter into the change.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Muskegon Township Water Billing Agreement.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Carter, and Davis
Nays: None
MOTION PASSES
C. Variable Frequency Drive Repairs Resulting from Power Surge. WATER
FILTRATION
SUMMARY OF REQUEST: Authorize repairs to three variable frequency drives
damaged by a power surge. The variable frequency drives control two low
service pumps and one recycle pump.
FINANCIAL IMPACT: The repair cost by the manufacturer, Cutler-Hammer, is
$86,433.
BUDGET ACTION REQUIRED: The repair cost will require a budget adjustment.
STAFF RECOMMENDATION: Staff recommends proceeding with the repairs to
the variable frequency drives at a cost of $86,000.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to proceed
with the repairs to the variable frequency drives at a cost of $86,000.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
D. Amend the Special Assessment Roll for 2004 Sidewalk Replacement
Program. ENGINEERING
SUMMARY OF REQUEST: Amend the 2004 Special Assessment Roll for the 2004
Sidewalk Program (H-1572) project to revise the assessment amount levied
against 1421 Wesley (parcel No. 24-611-000-0226-00) from $3,079.43 to $379.04.
The original roll which was adopted August 24, 2004, reflected an assessment of
$3,079.43 against 1421 Wesley in error. When the original assessment information
was generated, a square footage of 750 of sidewalk replacement was entered
by mistake instead of the 75 square feet that was actually replaced.
FINANCIAL IMPACT: Reimburse the owner the overage in payment and interest
which is estimated at less than $100.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the amended special assessment roll
and reimbursement to the owner of 1421 Wesley.
Motion by Commissioner Spataro, second by Commissioner Wierengo to amend
the special assessment roll for the 2004 Sidewalk Replacement Program and
reimburse the owner of 1421 Wesley.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
E. Consideration of Bids: Forest Avenue, Davis to Ruddiman.
ENGINEERING
SUMMARY OF REQUEST: Award the paving, using asphalt material, contract (H-
1616) for Forest Avenue, Davis to Ruddiman to Felco Contractors, Inc. since they
were the lowest bidder with a bid price of $42,575.20. While Felco is the lowest
bidder, he failed to fill out the disadvantage contractor affidavit as part of the
bid submittal.
FINANCIAL IMPACT: The construction cost $42,575.20 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Felco Contractors, Inc. if the
City Commission desires to waive the bid irregularity of not completing the
disadvantage contractor affidavit.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to award the
contract to Felco Contractors, Inc., for Forest Avenue, Davis to Ruddiman, and
waive the bid irregularity of not completing the disadvantage contractor
affidavit.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Spataro
Nays: None
MOTION PASSES
F. Consideration of Bids: Cherry Street. Wilcox to Thompson.
ENGINEERING
SUMMARY OF REQUEST: Award the paving, using asphalt material, contract (H-
1605) for Cherry, Wilcox to Thompson to Felco Contractors, Inc. since they were
the lowest bidder with a bid price of $47,869.50. While Felco is the lowest bidder,
he failed to fill out the disadvantage contractor affidavit as part of the bid
submittal.
FINANCIAL IMPACT: The construction cost $47,869.50 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION : Award the contract to Felco Contractors, Inc, if the
City Commission desires to waive the bid irregularity of not completing the
disadvantage contractor affidavit.
Motion by Commissioner Spataro, second by Commissioner Carter to award the
contract for Cherry Street, Wilcox to Thompson, to Felco Contractors, Inc., and
waive the bid irregularity.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
2006-27 ANY OTHER BUSINESS:
Discussion continued on: 2006-2007 CDBG/HOME Recommendation and City
Commission Preliminary Decision.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the recommendation of the Community Development Block Grant
Committee and to make changes on the HOME Fund making HOME Rental
Rehabilitation $0, Muskegon County Habitat for Humanity $35,000, and
Neighborhood Investment Corporation $70,000.
Motion amended by Commissioner Spataro, second by Commissioner Wierengo
to recommend $30,176 to HOME Administration, $100,000 to HOME Tax Reverted
Rehabilitation, $25,000 to HOME Rental Rehabilitation, $85,000 to HOME lnfill New
Construction, $35,000 to Muskegon County Habitat for Humanity, and $70,000 to
Neighborhood Investment Corporation.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Spataro, Warmington, and Wierengo
Nays: None
AMENDED MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:34p.m.
Respectfully submitted,
LQ-~~If
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: March 14,2006
Date: March 3, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c.Be.
RE: Sale of Buildable Vacant Lot at 1293 Marquette
Ave.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1293 Marquette Avenue (Parcel #24-611-
000-0479-00) to Pierre and Tondalaya Tyson. The lot is 100 x 132ft. and is being offered to
Mr. and Mrs. Tyson for $6,750. A single family ranch style home will be constructed. The
home will have a two stall garage and five bedrooms with two of the bedrooms being located
in the basement. The square footage of the home will exceed what is required by the policy.
The closing will take place 120 days from the City Commission approval.
FINANCIAL IMPACT:
The sale of this lot for the construction of a single family home will generate additional tax
revenue for the City and will place the property back on the City's tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval of the sale with the closing taking
place in 120 days as opposed to 90 days from the City Commission approval of the sale at
their regular meeting of February 26, 2006.
Resolution No. 2 006-2 3 (b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1293 MARQUETTE
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $6,750.
WHEREAS, Pien·e and Tondalaya Tyson be allowed to purchase the parcel designated as parcel
number 24-611-000-0479-00, located at 1293 Marquette Avenue for $6,750; and
WHEREAS, the price for parcel number 24-611-000-0479-00 is set by the City at $6,750, which
is 75% ofthe True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is not consistent with City policy regarding the disposition of buildable lots,
in that, this property will be closing in 120 days of City Commission approval ofthe sale as
recommended by the Land Reutilization Committee at their regular meeting of February 28,
2006.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0479-00, located at
1293 Marquette Avenue be sold to Pierre and Tondalaya Tyson for $6,750.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 479 & WLY 25FT
LOT 478
Adopted this 14thday ofMarch 2006.
Ayes: Davis 1 Gawron 1 Spataro 1 ~'/armington 1 Wierengo 1 and Carter
Nays: None
Absent: Shepherd
Gail Kundinger,
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on March 14, 2006.
Gail Kundinger, M
City Clerk
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made 'i!]O,f('b 0 , 2006, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and PIERRE TYSON and TONDALAYA TYSON, husband and
wife, of 1867 Ray Street, Muskegon, Michigan 49442 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4 LOT 479 & WLY 25 FEET OF LOT 478
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any goverrunental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Six Thousand Seven Hundred Fifty and no/1 00 Dollars ($6,750.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (1 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the home
and driveway. The home shall be substantially completed within eighteen (18) months and, in
the event said substantial completion has not occurred, or the restriction of this paragraph
0:\Pianning\COMMON\Property\Buildable lot Sales\2006 Buildable Lot Sales\1293 marquette\pa.DOC
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
W AlVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be held 120 days from City
Commission approval of the sale pursuant to the recommendation fi-om the Land Reutilization
Committee ("LRC"), more specifically on or beforeJ 1'-/ u.\7,
, 2006 ("Closing").
The Closing shall be conducted at LandAmerica Transna on Title Insurance Company,
570 Seminole Road, Ste.l 02, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
9. Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
0:\Pianning\COMMON\Property\Buildable lot Sales\2006 Buildable Lot Sales\1293 marquette\pa.DOC
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All tenns and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
0:\Pianning\COMMON\Property\Bui!dable Lot Sales\2006 Buildable lot Safes\1293 marquette\pa.DOC
WITNESSES: SELLER: CITY OF MUSKEGON
BUYER:
PIERRE TYSON /
SS No.: ?g)_-70 -),!; 7{,
0:\Piarming\COMMON\Property\Buildable Lot Sales\2006 Buildable Lot Sales\1293 marquette\pa.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to PIERRE TYSON and TONDALAYA TYSON, husband and wife, ofl867 Ray Street,
Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4, LOT 479, WESTERLY 25 FEET OF LOT
478
for the sum of Six Thousand Seven Hundred Fifty and no/! 00 Dollars ($6, 750.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the home and driveway. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwelling described in the
said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (I) single family home, and it shall be owner-occupied for five (5) years
after the date of this deed. These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _ _ day of~------' 2006.
Signed in the presence of: CITY OF MUSKEGON
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on /1/qcch dO, 2006, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: March 14,2006
Date: March 14,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cf:j c_
RE: Contract for Mowing Services
SUMMARY OF REQUEST:
To approve a two-year contract with the Sheldon Park Neighborhood Improvement Association for
the maintenance of two City owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize execution of the contract. The responsibility for cleaning and mowing these lots would
belong to the Association rather than the City and would extend through 2007. The City's estimated
cost of $2,000 to maintain the lots over this period would then be donated to the Association. The
neighborhood has maintained the lots for several years under similar agreements and has done a good
job.
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CITY OF MUSKEGON
NEIGHBORHOOD CITY LOT MAINTENANCE AGREEMENT
THIS AGREEMENT effective May I, 2006 is made between the CITY OF MUSKEGON, 933
Terrace Street, Muskegon, Michigan ("City") and the SHELDON PARK NEIGHBORHOOD
IMPROVEMENT ASSOCIATION, of 1128 Roberts Street, Muskegon, Michigan ("Sheldon Park"),
because Sheldon Park wishes to accomplish and perpetuate the maintenance of the City owned lots on the
attached Exhibit A for the betterment and beautification of their neighborhood, and because the City wishes
to encourage neighborhood associations such as Sheldon Park in this way and in general involvement in the
neighborhoods of the City.
THEREFORE THE PARTIES AGREE:
I. Maintenance of the City Lots. Sheldon Park shall maintain, by mowing or by any other
action required, the City owned lots attached in Exhibit A in compliance with all applicable City codes and
ordinances for the term of this agreement.
2. Compensation. In return for Sheldon Park's services and its interest in the neighborhood,
the City agrees to pay the sum of $2,000 to Sheldon Park, for its general purposes including but not limited
to materials and improvements on the lots, but further for the general purposes of Sheldon Park in its work as
a neighborhood improvement association.
3. Special Conditions.
3.1 Sheldon Park agrees that it will not employ persons to accomplish the mowing
and landscaping of the lots, but the work is being done by volunteers recruited by or members of
Sheldon Park. The persons actually accomplishing the services or services related to the work on
the lots shall not be compensated, except to reimburse out-of-pocket expenditures in connection
with the work.
3.2 Sheldon Park agrees that it has inspected the lots, and further has detennined that
there are no hazards or dangerous conditions on the lots which may be expected to cause injury.
In the event any such condition becomes known to Sheldon Park or any of its volunteers, Sheldon
Park agrees to notify the City immediately.
3.3 Sheldon Park agrees to obtain a waiver on the form attached as Exhibit B from each
person perfonning the work as a volunteer and deliver the same to the City before the work
begins.
3.4 The persons volunteering to do the work shall not be considered City employees.
They shall not be subject to City control or supervision.
3.5 Sheldon Park shall use its best efforts to assure that the properties will be
maintained in accordance vxith applicable City codes and ordinances.
4. Term of the Agreement. This agreement shall have a tenn of May 1, 2006 through
December 31, 2007. Payments of the amount for said shall be made at reasonable intervals during the tenn
of this agreement. The agreement may be tenninated by either party on 30 days notice.
IN WITNESS WHEREOF, the parties execute this agreement effective on the date set
forth above.
Dated: !llarcA o2o , 2oo6
Dated: . .tl~
ha:.rc
:. ;=h..:......__,o.c>..>::
ZO:..._, 2006
Dated: ;!f2_ S '2006
I
2
EXHIBIT A
LOCATION AND LEGAL DESCRIPTIONS OF CITY LOTS
Parcel # 24-190-001-0001-00
Northwest corner of Evanston and Oak Grove Street Castenholz Grove Annex
Lots 2 to 6 Incl Blk I
Parcel# 24-750-000-0003-00
South side of McLaughlin Avenue just east of Burton Road Samburt Park Addition
Lot 3 & W 'h Lot 4
3
EXHIBITB
WAIVER
!, ___________________________________________ of ______________
---------~ Muskegon, Michigan, do hereby waive any and all claims against the City of
Muskegon which may arise as a result of my suffering any injuries or damages in the course of my working
on City property pursuant to an agreement between the Sheldon Park Neighborhood Improvement
Association and the City of Muskegon, for the maintenance and improvement of the City property. I
expressly state that I am working as a volunteer, without any remuneration, and that I am aware of the
condition of the properties upon which I will be working.
Dated: _________________ , 200_
WITNESSES:
4
CITY COMMISSION MEETING
Tuesday, March 14, 2006
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: March 2, 2006
SUBJECT: Purchase of Computer Equipment
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve the use of Criminal
Forfeiture Funds to purchase new computer hardware. These computers will be utilized
by the Patrol Bureau, Community Officers and the Professional Standards Office. The
current computers are approximately 3-4 years old and we are beginning to experience a
number of malfunctions. This purchase will coincide with the start-up of the county's
new records management system. We would like to replace 13 computers.
This bid was developed with the assistance of the Information Technologies Department.
Specifications for the computers are attached.
FINANCIAL IMP ACT:
Cost for this package is $16,765 ($1,290 per unit). There is no impact on General Fund
morues.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval ofthis request.
Page 1 of2
DELL QUOTATION
QUOTE#: 279000881
Customer#: 3923456
Contract#: 70137
CustomerAgreement #: Dell Std Terms
Quote Date: 3/1/06
Date: 3/1106 1:59:20 PM Customer Name: CITY OF MUSKEGON
TOTAL QUOTE AMOUNT: $12,712.70
Product Subtotal: $12,712.70
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 IQUANTITY: 13 SYSTEM PRICE: $977.90 I GROUP TOTAL: $12,712.70
Dimension 3100 Series, Intel Pentium 4 Processor 630 with HT Technology (3GHz) and 2MB
Base Unit:
cache (222.0765)
Memory: 1GB DDR2 SDRAM at 400MHz (311-6378)
Keyboard: Dell USB Keyboard (310-6324)
Monitor: 17 in (17 in viewable) 1707FPCF1at Panel Display (320-4619)
Video Card: Integrated Intel Graphics Media Accelator 900 (320-4530)
Hard Drive: 80GB Serial ATA Hard Drive (72 (341·2775)
Floppy Disk Drive: 3.6in Floppy Drive (341~2840)
Operating System: Microsoft Windows XP Professionai,Service Pack 2, English (420-4838)
Operating System: Image Restore (412..0688)
Operating System: Dimension Dell Support (412..0721)
Operating System: Windows Media Player 10 (420-4927)
Dell Owners Manual installed on your system,click on icon after system set-up to access (463~
Operating System:
2282)
Operating System: Dell Direct Download (420-5477)
Operating System: Internet Search and Portal (420-5769)
Mouse: Dell2-button USB Optical Mouse (310-6477)
NIC: Intel Pro 100M Integrated PCI NIC Card (430-0412)
Modem: No modem requested for Dell Dimension (313-3607)
TBU: Adobe Acrobat Reader 6.0 (412..0705)
CD-ROM or DVD-ROM Drive: 48X CD·RW Drive (313-4103)
CD-ROM or DVD-ROM Drive: Roxio Creator Basic (420-5787)
Sound Card: Integrated Audio (313·2768)
Speakers: Dell A216 Speakers (313-3207)
Bundled Software: No Productivity Software requested (412~1397)
Factory Installed Software: Network Associates McAfee 7.0,English,90-tJ--- - CB ~ l::.sr sr °
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ate: 1/25/2006 Time: 3:32 P!1 T01 Julie Clary@ 1(231)933·4393 7346624065 Paqe: 002
ACORQ. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (734) 662-4041 FAX (734)662-4065
01/25/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I OA TE (MMIOONYYY)
Professional Concepts Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2950 S State Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 402
Ann Arbor, MI 48104 INSURERS AFFORDING COVERAGE NAIC#
INSURED Inland Seas Engineering, Inc. INSURER A Hartford Insurance Co.
PO Box 6820 INSURER 8 Hartford Insurance Co.
1755 Barlow Street INSURER C DPR - XL Speciality Ins. Co.
Traverse City, MI 49686 INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
P8}{.1,Y ~~gg~r pg~lfJ ~~lJ,~N
INSR DD'L POLICY NUMBER
LTR NSR TYPE OF INSURANCE LIMITS
GENERAL LIABILITY 35SBAPB8511 01/18/2006 01/18/2007 EACH OCCURRENCE I 1 000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE !?F~ENTED 1 000,000
- ~ ClAII'i!S MADE [K] OCCUR MED EXP (Any one person)
'
$ 10,000
-
A X PERSONAJ_ & />DV INJURY $ 1 000,000
- GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I POLICY~nPRO
JECT n LOC
~TOMOBILE LIABILITY 35UECUJ8087 01/18/2006 01/18/2007 COMBINED SINGLE UMIT
(Ea acc1denl) $
~ ANY AUTO 1,000,000
ALL OWNED AUTOS
- BODilY INJURY
(Perp>:rson) I
SCHEDULED AliT OS
A X
x HIRED AUTOS
x
-
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BODilY INJURY
{Par acc1dent)
$
- PROPERTY DAMAGE
{Per accident) $
.
~AGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO EAACC $
OTHER THAN
AUTO ONLY
AGG
35SBAPB8511 01/18/2006 01/18/2007 ' 2,000,000
:KJESS/UMBRELLA LIABILITY
OCCUR D CLAIMS MADE
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$
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WORKERS COMPENSATION AND 35WECKB2942 01/18/2006 01/18/2007 X IWC,S[;i,W;;I ~:
'
EMPl DYERS' LIABILITY
WAIVER OF SUBROGATION EL EACH ACCIDENT 500,000
B ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFiCER/MEMBER EXCLUDED? APPLIES E L. DISEASE- o;::A EMPLOYE
'I
500,000
If yes. descrrb,:, under
SPECIAL PROVISIONS bE:IOW El DISEASE- POUCY LIMIT I 500,000
OTH~ DPR940498 02/04/2006 02/04/2007 $1,000,000 Per Claim
Pro essional Liability
c ~Pollution Liability $1,000,000 Aggregate
PrESCRIPTION OF OPERATIONS /lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
reject: North and South side of Sherman Blvd., west of Glenside and Shennan Blvd. intersection,
~nd on the west side of Glenside Blvd. as shown in attached figure for Encroachment
rity of Muskegon is named as Additional Insured as respects to General Liability only and would
~pply to the above named project so long as required within a written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
_1Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Muskegon
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
933 Terrace St.
P.O. Box 536 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
r:J!..P~
Muskegon MI 49443-0536 AUTHORIZED REPRESENTATIVE
'
Kim Fricke/DME
ACORD 25 (2001/08) ®ACORD CORPORATION 1988
COPY Bond No. _ _ __:_14~7~9~4~5~3~1_ _ __
Effective Date: January 25th. 2006 Date _ _ _ _ _ _ _ _ __
Approved - - - - - - - - - - -
Name of Contractor - - - - - - - - - - - -
CORPORATE SURETY BOND
TO
THE CITY OF MUSKEGON
FOR PERSONS CONSTRUCTING SIDEWALKS, DRIVEWAYS, PAVEMENTS,
CROSSWALKS, DRAINS, SEWERS, PUBLIC STREETS, PUBLIC WAYS,
BOULEVARDS OR TERRACES
Chapter 28, City of Muskegon Code of Ordinances
(This bond expires the 31•1 day of December of each year)
(For work on or adjacent to property not owned by Contractor)
KNOW ALL MEN BY THESE PRESENTS, That we, Inland Seas Engineering, Inc.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a s Principal, and
WESTERN SURETY COMPANY
as Sureties, are held and firmly bound to the City of Muskegon, (a municipal corporation
of the State of Michigan) in the sum of Five Thousand Dollars ($5,000), lawful money, to be
paid to said City of Muskegon for which payment well and truly to be made, we bind
ourselves, our and each of our heirs, executors, and administrators, jointly and severally,
firmly by these presents.
Sealed with our seals and dated this 31st day of _____cJ,a.,nccu"'a,_r._yL.._ __ 2006
WHEREAS, the above bounded Principal desires to perform construction. destruction.
excavation. removal of filling, or filling on pavements, sidewalks, crosswalks, drains,
sewers, public streets, ways, boulevards or terraces in the City of Muskegon and obtain
permits for each project; and
WHEREAS, a bond is required by said Chapter 18 of the Code.
NOW THEREFORE, the condition of this obligation is such that on the issuing of a permit
for the carrying of such activity by the above named Principal, Principal shall comply with
all provisions of the ordinance and perform such activities in accordance with the
ordinance and directions of the City of Muskegon including guidelines and requirements
for protection and the prevention of any injury to person or property, that Principal shall,
within 24 hours after the completion of all work remove from streets, sidewalks, alleys,
terraces or boulevards all material, refuse or debris that may have been deposited therein
by reason of said activities and provided Principal indemnifies and saves harmless the City
of Mus kegon from any claim for injuries that may b e caus ed to any pers on or p r operty in
consequence of Principal's activities, then this obligation shall b e void, othe rwise to r em a in
in full force and effect.
PRINCIPAL
Inl and Seas Engineering , Inc.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was a cknowle dge d befo1·e m e this _ _ _ day of _ _ __ _ , _ _ ,
by _ _ __ ____________________________________________________________
on behalf of Principal.
Notary Public
Muskegon County, Michigan
My conun. Exph·es:
By __~~~~~~~~~--~~~
Paul
STATE OF_--"'S""o""u""'t.:. :h'---"'D""'ac!.!k""o_,t""'a___ } ss
COUNTY OF Minnehaha
The fore going instrument was a cknowle dge d before m e this 31 st day of January , 2006 .
Paul T . Bruflat, Senior Vice Pr esident
b Y -------~~------------------------
on behalf of Sure ty.
Notary Public
Minnehaha County, _ _s_o_u_t_h_ D_a_k_o_t_a_ ___
My c omm. Expires: November 30, 2006.
(POWER OF ATTORNEY TO BE ATTACHED)
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
Paul T. Brufiat of Sioux Falls
State of South Dakota • its regularly elected Senior Vice President
as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
lnd,emrlity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
or extend any bond or document executed for this Company, and to compromise and settle any and all claims
i Company.
'C\i'r\1~~@ further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
in force, to-wit:
undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
~
;;~~"!~:~~~ by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vice President with the corporate seal affixed this 31st day of January 2006
ATTEST
STATE OF SOUTH DAKOTA}
ss
COUNTY OF MINNEHAHA
On this 31st day of ----~J~a~n~u~a~rxy_____ _ __.._2"-00"-6"----, before me, a Notary Public, personally appeared
Paul T. Brufiat and -----------~L~-~N~e~ls~o~n~-------------------
who, being by me duo/ sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
·~~~~~~~~~~~~~~~~~~~~~~~~·
$ $
f D. KRELL :
$~NOTARY PUBLIC®:
s SOUTH DAKOTA s
J $
·~~~~~~~~~~~~~~~~~~~~~~~· Notary Public
My Commission Expires November 30, 2006
Form F1975-4-2002
INLAND SEAS ENGINEERING INC. 6338
c;ty of Muskegon Check Number: 6338
Dale: 03/06/06 Check Amt: $ 500.00
Voucher lnvo!ce Type Date Reference Balance Discount Pay Amount
15151 03/06/06 Invoice 03/06/06 Encroachment Agree. MPC #6302 $500.00 $0.00 $500.00
6338
6338
INLAND SEAS ENGINEERING INC. os-o2 IRWIN UNION BANK
P.O. BOX 6820 TRAVERSE CITY, MICHIGAN 49684
TRAVERSE CITY, Ml 49698·6820 71·234·749
Exactly Five hundred and xx /100 Dollars
DATE AMOUNT
03/06/06 $500.00
PAY
TO THE City of Muskegon
ORDER
OF 933 Terrace St.
Muskegon Ml 49443
Jll/k/)
-----------------------·-----··------- __ _t~_
:!'187551:;. 211'
INLAND .SEAS ENGINEERING INC. 6260
· Clfy of MiieKegon
Check Number: 6260
Date: 2/10/2006 Check Amt: $ 100.00
VJucher Invoice Type Date Reference Balance Discount Pay Amount
15049 DCL21006 Invoice 02/10/06 Encroachment Agreement App. $100.00 $0.00 $100.00
6260
6260
INLAND SEAS ENGINEERING INC. os-o2 IRWIN UNION BANK
P.O. BOX 6820 TRAVERSE CITY, MICHIGAN 49684
TRAVERSE CITY, Ml 49696·6820 71·234·749
Exactly One hundred and xx /100 Dollars
DATE AMOUNT
2/10/2006 $100.00
PAY
TO THE City of Muskegon
ORDER 933 Terrace St.
OF
Muskegon Ml 49443
:1 "l8 7 5 5 b 211'
~~(~·················
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- March 14, 2006
TO: Honorable Mayor & City Commissioners
FROM: Planning Depmiment cfl./
DATE: March 1, 2006
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Millie Ortiz to rehabilitate a home in the Nelson neighborhood at 1120 Jefferson Street that she
has just purchased. The home is on the dangerous building list and the applicant has set up a
timeline for repairs with the Inspections Department. The home is located in a Neighborhood
Enterprise Zone. The application states that the estimated cost for rehabilitation will be $30,000.
There will be new electrical, plumbing, furnace, windows, some drywall and the repairing of the
floor and walls. The applicant has met local and state requirements for the issuance of the NEZ
certificate. Approval or denial by the City Commission is required within 60 days of the
application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 7 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\1120 Jeffe1·son\Agcnda Itcm.doc
Michigan Department of Treasury
2704 (Rev. 9-05) 1 2006
Application for Neighborhood Enterprise Zone Certificate Cl rY lX ~~USKEGON
Issued under authority of P.A. 147 of 1992, as amended. PLANNING DEPARTMENT
INSTRUCTIONS: Read this form before completing application. This application must be filed prior to building permit
issuance and start of construction. Initially file one original application (with legal description) and two additional
copies of this form with the clerk of the local governmental unit (three complete sets). The additional documents to complete
the application process will be required by the State of Michigan only after the original application is filed with the local clerk.
I To be Completed by Clerk of Local Government Unit
Slgo!t~'t Q_i( j
'
.....,')A.)
Date received by local Unit
j- /-00
LUCICode
a State Tax Commission Use Only
Date received by State Tax Commission Application Number
Applicant, Do Not Write Above This Line. Begin Entries at 1 Below.
PART 1: APPLICANT INFORMATION
All boxes must be completed
1. Applicant Name 1L. .<\moun o years reques eo 10r
exempt1on ~
\fi\\i -..(> (){2 ,, ?_
3. Location of Facility (Street No., City, Stale, ZIP Code
II ;;l6 ::) e ~ki<.SO•...)
4. Name of City!TownshipNillage (indicate which) 5. Name of County
(Y\ \) sk.-ec,,..,Y'-- Mvs~-<'>J<.~
6. u 7a. School District wl'tt!re facility is 7b. School Code
located
0New ~ Rehabilitation 0 Transfer (1 copy only)
m" sk...':ICY'-'
8. Is the Building Owned or Rented by the Occupant? 9. Type of Property
JRfowned D Rented [2g'House 0 Duplex 0 Apartment- No. of Units Ocondo
~~a- Name or Number of NeighborhC~ Enterprise Zone
1t;~: o: :ofrn1r!r~S \t~b~:~strict
11b. Date d1strict was established
!.Yv. b o1- 1Je.w ' .1.. uc_t-/'un ,qq3
12. lder1\ify who the work was comp!eted"Oy 13. Estimated or Actual Project Cost 14. Investment Cost
0 Licensed Contractor 0 Other:-----------·-----·--------- i36160b
15. Timetable for undertaking and completing the rehabilitation or construction of the facility.
(haec~ .)06(, +1\l!.u ,\ulv ,;26() (.,
16. Describe the general nature and extent of the rehabilitation or neW construction to be undertaken. Include Breakdown or Investment Cost (use attachments if
necessary) {. , ~ L
New SL<><'· 1'.•01 s,toC> rvecc.o Fu:,va.~...,. .:J?O e>
/IJelQ Plum b1~ 17t 06 c' WiNpowsc~ooc, --
.'Y,r>-.e. N-0...; ~1/WaJJ..~s;-;oo 41.epq,)2_ t.vvndir!Jur f9 o.dman • og.
21d. Clerk's Mailing Address (Street, City, St , ZIP Code)
933 TcNace
21e. Clerk's Tele hone Number
0/l m
7 ;2 tj- r:, 70S"
Local Unit: Mail original completed application and attachments 1-3 (or for rehabilitation, 1-4) to:
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Ml 48909-7971
SUBMIT THIS INFORMATION ONLY AFTER LOCAL UNIT APPROVAL.
INFORMATION TO COMPLETE THE APPLICATION PROCESS (STATE LEVEL)
The following Items will be required for a New Construction:
1. The new owner/occupant completes an application making sure to sign the front page (most of the information needed can be
taken from the original application filed by the developer. Be sure to copy both sides of the application -- front and back).
2. A copy of the legal description of the real property with parcel code number of the property for each house/condo being built.
3. A copy of the building permit. Make sure the copy of the permit (building/trade permits) sent to the State of Michigan is clear
and legible.
4. A copy of the new owners Warranty Deed showing ownership with the date the deed was executed and signed.
5. A copy of the Certificate of Occupancy and Compliance.
The following items will be required for Rehabilitated projects:
1. Documentation proving the cost requirements of section 2(f) is met. A breakdown of investment cost for each house, condo
or unit being rehabilitated and the square footage for each.
2. A copy of the legal description of the real property with parcel code number of the property for each house/condo being
rehabilitated.
3. For a rehabilitated facility you may not have a building permit but you will have trade permits -- please send copies. Make
sure the copy of the permit (building/trade permits) sent to the State of Michigan is clear and legible.
4. A copy of the new owners Warranty Deed showing ownership with the date the deed was executed and signed.
5. A certificate of Occupancy and Compliance or a Certification by the local building official, certifying that the building meets
minimum building codes for the local unit. Applicant must contact the building official.
6. A copy of the statement by the Assessor showing taxable value of the rehabilitated facility, not including the land, for the tax
year immediately preceding the effective date of the rehabilitation.
www.michigan.gov/treasury
03/03/2006 09:03 AM REAL ESTATE SUMMARY SHEET
Parce\: 61-24-205-363-0004-00 Owner's Name: JPMORGAN CHASE BANK
Property Address: 1120 JEFFERSON ST MAP #: 24-31-30-235-010
Cur. Class : 401 Gov. Unit: 24 24.CITY OF MUSKEGON School: 61010 MUSKEGON SCHOOLS
Prev. Class: 401 Neighborhood: R11. R11.04 NELSON RES
Liber/Page: 3675/935 Created: I I Split: I I Active
Public Impr.: Paved Road, Storm Sewer, Sidewalk, Water, Sewer, Electric, Gas,
Curb
Topography: Level, Landscaped
Legal Description: Mailing Address:
CITY OF MUSKEGON 1270 NORTHLAND DR STE 200
REVISED PLAT OF 1903 MENDOTA HTS MN 55120-1176
N 38 FT LOT 4 BLK 363
--------------- Most Recent Permit Information ----------------
Permit PB030575 on 07/28/2003 for $20,000 category Res. Add/Alter/Repair.
Physical Property Characteristics -----------------
2006 S.E.V.: 20,000 Taxable: 14,572 Lot Dimen:
2005 S.E.V.: 19,000 Taxable: 14,107 Acreage: 0.12
Zoning: R-1 Land Value: 10,000 Frontage: 38.0
PRE: 0.000% Land Impr. Value: 474 Average Depth: 132.0
Improvement Data
# of Residential Buildings: 1 # of Ag. Buildings: 0
Year Built: 0 Est. TCV:
Occupancy: Single Family
Class: D -5 # of Commercial Buildings: 0
Style: 2 STORY Type:
Exterior: Wood Siding Desc:
% Good (Physical): 45 Class:
Heating System: Forced Air w/o Ducts Quality:
Electric - Amps Service: 100 Built: 0 Remodeled: 0
# of Bedrooms: 4 Overall Building Height: 0
Full Baths: 2 Half Baths: 0 Floor Area:
Floor Area: 1,825 Sale Price/Floor Area: 0.00
Ground Area: 1,103 Est. TCV:
Garage Area: Crnts:
Basement Area: 180
Basement Walls:
Est. TCV: 29,477
ResolutionNo. 2006-24(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Millie Ortiz to rehabilitate a home at 1120 Jefferson Street in the Nelson
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for seven (7) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Millie Ortiz be approved.
Adopted this, 141h day of March, 2006.
Ayes: Gawron, Spataro, Warmington, Wierenga, Carter, and Davis
Nays: None
Absent: Shepherd
Gail Kundinger, MMC
City Clerk
CERTIFICATION
2006-24(b)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City ofMuskegon, County of Muskegon, Michigan at a regular
meeting held on March 14, 2006. .J
By: ~~~
Gail Kundinger, ~MC
City Clerk
s
Commission Meeting Date: March 14, 2006
Date: March 7, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C/3L
RE: Public Hearing • Request for an Industrial Facilities Exemption
Certificate- Cole's Quality Foods
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Cole's Quality Foods, 1188 Lakeshore
Drive, has requested the issuance of an Industrial Facilities Exemption Certificate for the
property located at 1188 Lakeshore Drive, Muskegon. The total capital investment is
approximately $2,000,000.00 in personal property. This request qualifies Cole's Quality
Foods for a term of eight (8) years for personal property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of eight (8) years for personal property.
COMMITIEE RECOMMENDATION:
None
3/7/2006
City of Musb:egon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
COLE'S QUALITY FOODS, an existing company located at 1188 Lakeshore, Muskegon,
Michigan, is installing new machinery and equipment to expand its present operation. Due to the fact that
the company is investing $2,000,000, in personal property and is creating 10 new employment
opportunities, it is eligible for an eight (8) year exemption for personal property.
Employment Information:
Racial Characteristics:
White 95 (62.5%)
Minority 57 (37.5%)
Total 152 (100%)
Gender Characteristics:
Male 91 (60%)
Female 61 (40%)
Total 152 (100%)
Total No. of Anticipated New Jobs:
Investment Information:
Real Property: $-0-
Personal Property $2,000,000
Total: $2,000,000
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $49,000 $11,000
Value of Abatement $24,500 $ 5,500
Total New Taxes Collected $24,500 $ 5,500
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $3,120
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full No
Zoning Conflicts ~es _ @:)
~ s? '"'
;;;r;-XL.. !;(t/icJ)'
(J.__,p,:cr · 3)7,;;~·· {:
Affirmative Action Director
02/20/06 MON 14:49 FAX 616 975 0267 COLES QliALITY FOODS lill002
Application for lndustriai FacUlties Tax Exemption Certificate
!f~STfHJCT~CN$; f"!(~ !P")!?- oci::,;i!"~: ~n·J \w•:; cc,_u;c;'"' "'' n-,,,; [;;:_;;.-;-, <;f•d lh.e '8~<):r.;cl .1~<"G:-,r;;;~;-;tf. (l)":.:~~ con•p!o;;~;:; &o?l~: '.·.·:Hi ~;,A'"'""'"" ,;t tr:.~
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local government unit. The State Tax Commissron (STC) requires two complete sets (one original and one copy). One copy IS retamed
bf ihe c~;:;rk lf yvu :-;~~.,::; any q;..;c;~;:;~s r~;~~;~g ~h~ ~::~n~!-:;::c;; ~f :~~~ f:::-~r: cr ·:•o~!c :;:-.e 1:.: H!~~~,;: -=~ :~ft'm~~::::i~·tt~J ;;;ecke!. ea.!! :s--: 7 -.
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. ,"' Cour.1y
· 1i BIT L>akesho!"e Or Mus!':egc:!"!
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0 Specuiallvt: Buiitiir;y (St:;;. 3ifiJJ 0 Rt:iltJi.liit\~]i~n (51;!\;. :)i1)) 14. Amount of y!!arn r.-.qUI!!!Ied fm e.l'_emptlon ('i 12 Ye"m:<)
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Resolution No. 2006-25 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
COLE'S QUALITY FOODS
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
October11, 1977, this Commission by resolution established an Industrial Development District as
requested by Cole's Quality Foods, 1188 Lakeshore Drive, Muskegon, Michigan 49441; and
WHEREAS, Cole's Quality Foods has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to a building expansion and new machinery and equipment to be
installed within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on March
14, 2006, at the Muskegon City Hall in Muskegon, Michigan at 5:30p.m. at which hearing the applicant,
the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Cole's Quality Foods, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the building expansion and installation of new machinery and equipment
on the following described parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903COM AT NE COR BLK 469TH S 01 D 54M 30S E
200.62 FT FOR POBTH CONT S 01 D 54M 30S E 151.82 FTIO SE COR OF BLK 469TH ALG S
LINE OF BLKS 469 & 470S 88 DE 12 MIN 17 SEC W 585.31 FTIH N 89D 11M 04S W 465.68
FTIH S 01 D 09M 59S W 76.00 FTIH S 40D 57M 59S W 120.01 FTALG NW LINE LAKESHORE
DRTH N 49D 02M 02S W 132.00 FTIH S 40D 57M 23S W 60.99 FTIH N 49D 02M 01 S W
241.00 FTIH NELY 259.34 FT ALONG A CURVE TO THE RTSAID CURVE HAVING A R OF
622.27 FTAARC ANG OF 23D 51M 36SA CHORD WHICH BEARS N 59D 23M 18S E 257.47
FTIH N 18D 40M 27S W 5 FTIH NELY 44 FT ALONG A CURVE TO THE RTSAID CURVE
HAVING A R OF 627.27 FTA ARC ANG OF 040 13M 48S A CHORD WHICH BEARS N 73D
20M 17S E 43.99 FTIH S 45D 57M 52S E 11.3 FTIH N 40D 26M E 16.35 FTIH NEL Y 8.61 FT
ALONG A CURVE TO THE RTSAID CURVE HAVING A R OF 627.27 FTA ARC ANG OF 09D
34M 12SA CHORD WHICH BEARS N 77D 30M 04S E 8.60 FTIH NELY 117.95 FT ALONG A
3/7/06
CURVE TO THE RTSAID CURVE HAVING A R OF 628.77 FTA ARC ANG OF 100 58M 12SA
CHORD WHICH BEARS N 82D 23M 55S E 117.77 FTIH N 010 08M 47S E 1.50 FTIH SELY
153.09 FT ALONG A CURVE TO THE RTSAID CURVE HAVING A R OF 628.77 FTA ARC ANG
OF 130 59M 24SA CHORD WHICH BEARS S 85D 24M 52S E 152.71 FTIH N 030 42M 24S E 7
FTIH S 81 D 23M 46S E 275.72 FTIH N 88D 09M 4 7S E 623.73 FT TO POB
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of eight (8) years on personal property.
1
Adopted this 14 h Day of March 2006.
Ayes: Spataro, Warmington, Wierenga, Carter, Davis, and Gawron
Nays: None
Absent: Shepherd
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular ~Xeting held on arch 14, 2006.
~ ~ '
Gail Kundinger, MMC
Clerk
3/7/06
CITY OF MUSKEGON
CONTRACT FORTAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933 Ten·ace
Street, Muskegon, Michigan 49441, ("City") and Cole's ("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial development district or
industrial rehabilitation district pursuant to the provisions of Act 198 of the Public Acts of 1974, as
amended, which act requires a contract between the City and the Company to be agreed and submitted
with the Company's subsequent anticipated application for an industrial facilities exemption
cettificate.
B. That in addition to the statutory requirement, the City has determined that it is in the best
interests of the taxpayers, propetty owners and residents of the City that this Agreement be approved
and executed prior to the establishment of the requested district, and the City deems this Contract,
together with the conditions set forth in the said Act to constitute a necessary element in the City's
determination whether or not to create the district.
C. The Company intends to install the project set forth in its application ("project") which it
believes qualifies for the process of establishing the district and the application for industrial facilities
exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create the district
based upon the potential for the production of permanent jobs, the continuation, stabilization or
increase of economic activity, plmming and zoning considerations and the City's general plan and
intentions regarding economic development. In addition to the City policy considerations and
predictions that the Company's proposed district and certificate benefit the community in those ways,
the City has further determined that the contractual commitments made by the Company to thereby
assist the community shall be binding on the Company and necessary to continue the tax exemption
made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial Facilities Tax
Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
l. COMPANY AGREEMENT. The Company irrevocably commits to the investment, job
retention and job creation promises made in its application, a copy of which is attached hereto and
incorporated herein. In particular the Company agrees:
1.1 That I 00% of the jobs shall be filled and in existence with full-time employees by a date
no later than two (2) years from the date of the granting of the certificate by the State Tax
Commission, subject to the provisions of section 3.4 of this agreement.
Page 1
1.2 That the amount of jobs listed on the application, whether new or retained, will be
maintained through the life of the abatement, subject to the provisions of section 3.4 of
this agreement.
1.3 The Company shall meet the affirmative action goal included in the application or in any
documents supplied by the City and utilized by the Company, including any additional
representations made to the City Commission on or before the date two (2) years after the
granting of the certificate by the State Tax Commission. It shall maintain the said levels
of employment diversity during the period of the certificate, subject to the provisions of
section 3.4 of this agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by
the State Tax Commission shall have completed the investment of $2,000,000.00 in the
equipment and improvements as shown in the application, subject to the provisions of
section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment shall be
completed on or before the date two (2) years from the date of granting of the certificate
by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall
not delay payments so as to incur any penalties or interest.
I. 7 The Company shall fully cooperate with the City representatives in supplying all requested
and required documentation regarding jobs, investment, the meeting of all goals and the
timely installation and utilization of equipment and improvements. The City shall be
entitled to inspect at reasonable hours the Company's premises where the said
improvements and equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax abatement is
granted, the level of jobs, affirmative action goals, production and utilization of the
improvements and equipment at the site where the district has been created and for which
the tax exemption has been granted.
I. 9 The Company shall not cause or fail to cure the release of any hazardous substance, or the
violation of any environmental law on its premises in the City. It shall repot1 any releases
to the appropriate governmental authority in a timely and complete manner, and provide
copies of said repot1 documentation to the City. It shall comply with all orders and actions
of any governmental agency having authority.
1.10 The Company shall maintain the equipment and improvements so as to minimize physical
or functional obsolescence.
1.11 The Company shall continue to operate its business location in the City, containing the
same number of and type of jobs, for the term of the ce11ificate.
Page 2
2. AGREEMENT BY THE CITY. Provided this contract has been executed and further
provided all applications to create the district and achieve the industrial facility exemption certificate
have been properly filed, the City shall, in a timely manner, determine in a public meeting to whether
to create the district and whether to receive, process, and approve thereafter the Company's
application for an industrial facilities exemption certificate. The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the creation of the district
and/or approval of the application for certificate. Further, the City shall require the submission of this
contract signed by the Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be considered
events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for purpose of this
Agreement, the removal, without transfer to another site within the City of substantially all of
the production facilities, and the elimination of substantially all the jobs created or retained
thereby, which are set forth in the Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on
equipment and improvements as represented in the application within the times required
hereby, unless the company can show that there has been a loss of revenue and
employment due to circumstances beyond the control of the company. In order to make
that showing the company shall have the burden of supplying, to the City's satisfaction,
complete and convincing documentation supporting and justifying reductions in
investment, failures to attain affirmative action goals or job losses, such as, without
limitation, written evidence of lost contmcts, accounting information showing reduced
revenues due to the loss of business, (not due to diversion of production to affiliate
companies or divisions of the company), production records showing reduced quantities
over significant periods of time, and such other information required by the City to
support the Company's claim that the failure to invest, failure to achieve affirmative
action goals, or loss of jobs should not form the basis for a finding of default.
3.5 The banhuptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the Company's propetiy or
any other taxes, local, state or federal, including but not limited to City income taxes and the
withholding of said City income taxes from employees as required by the City Income Tax
Ordinance.
3. 7 The performance or omission of any act which would lead to revocation under MCLA
207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or covenants of
this Agreement.
Page 3
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City shall have the
following remedies which it may invoke without notice, except as may be reasonably required by the
Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a public hearing,
the Company shall be immediately liable for penalties to be paid forthwith to the city as
determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the taxing units
experiencing the abatement, an amount equal to the difference between the industrial
facilities tax which it has paid, and the total property taxes to the relevant taxing units
which it would have paid, given its installations of improvements and equipment,
during the years for which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to revocation to the 1FT
certificate before the State Tax Commission, without hearing, and the City shall submit
a copy of this Agreement to the State Tax Commission in connection with its revocation
procedure, giving notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before the two (2)
year period, in addition to the revocation procedures before the State Tax Commission, the
abatement should immediately be reduced by the City proportionately, and any installations
which have not been finished at the end of said two (2) year period shall not be eligible for the
abatement thereafter and shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the installations
have been completed), the Company has not expended the funds it has represented on its
application that it would invest for the installation of equipment, the abatement shall be reduced
prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless
the company can show, through receipts, etc. that the cost of the equipment was actually
less than the amount estimated by the company (i.e., the same equipment was purchased
as listed in the 1FT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have not been
created or retained at the end of the two (2) years after the grant of the certificate by the State
Tax Commission, the abatement shall be prop01iionately reduced, unless the company can
show that the loss of jobs, or inability to hire as many people as expected, is due to
circumstances beyond the control of the company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (I) year from the grant of the certificate
by the State Tax Commission, the affirmative action goals of the City for additional jobs have
not been met on a prorata basis, the abatement shall be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the Company
amounting to grounds for revocation by statue, the City shall recommend to the State Tax
Commission immediate revocation of the certificate.
Page 4
4.7 Special Assessment. For any amount due to be paid to the City, under this Section 4, the
Company consents that the City shall have a personal action against the Company for the said
amount, and in addition, cumulatively, and not by election, the City shall have a special
assessment lien on all the property of the Company personal and real, located in the City, for
the collection of the amounts due as and in the manner of property taxes and in such case the
collection of the said special assessment shall be accomplished by addition by the City to the
Company ' s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws ·o f
the State of Michigan applicable to contracts made and to be performed within the State of Michigan.
6. Counterpatts. This Agreement may be executed in one or more counterparts. Notwithstanding
such execution all such counterpmts shall constitute one and the same Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the respective parties,
their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of Michigan Tax
Commission grants the company at Industrial Facilities Exemption Certificate.
CITY OF MUSKEGON
COLE'S
Sommavilla
Its ;President
\ \ .
•. ;' . I I
and 1 ,J·,-l . ):--'t:f · 1. •·: ..:·r·· <<_ ((/
Cynthia Havard ·
Its Treasurer ./V) , /·y~.
Page 5
Date: March 14, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Recommendation for Annual Renewal of Liquor
Licenses
SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 50-146 and 50-147 of the Code of Ordinance for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 23, 20ffi, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
Resolution No. 2006-25(b)
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the
Code of Ordinances of the City of Muskegon:
SEE ATTACHED LIST OF VIOLATIONS
AND WHEREAS, a hearing was held on March 14,2006, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-
Compliance to City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 23, 2006, they will be removed
from this Resolution.
Approved and adopted this 141h day of March, 2006.
AYES: Spataro, Warmington, Wierenga, Cru.ter, Davis, and Gawron
NAYS: None
ABSENT: Shepherd
2006 Liquor License Renewals
X- In Violation
CERTIFICATION
2006-25(b)
This resolution was adopted at a regular meeting of the City Commission, held on March 14,
2006. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State ofMichigan, Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By: -~
+G~ai~l~~A~.-~u~nd~i-n~
City Clerk
~e~r,~M~M~~~~~~~-----
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson W\Vw.muskegonpolice.com Phone: 231-724-6750
Muskegon, Michigan FAJ(: 23 1-722-5140
49443-0536
MEMORANDUM
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker /)... L . I~
Director ofPublic Safety U
CC: Mr. Bryon Mazade
City Manager
DATE: March 8, 2006
SUBJECT: Liquor License Renewal-Dreamers-978 Pine Street
The Police Department has completed its review of those businesses who are requesting a
renewal of their liquor license. With the exception of one business, Dreamers (978 Pine Street),
we are comfortable with the renewals.
During the course of the last two years, we have encountered a number of problems with this
establishment. More recently, we have dealt with a shooting incident in the bar during which the
bar owner discharged a weapon into the ceiling. He has been charged criminally. On March 2,
2006 officers encountered a situation where one woman stabbed three other women while in
front of this establishment. This situation originated inside of the business.
The severity of the incidents is increasing. This business also requires a disproportionate level of
police service at different times throughout the week. Based upon this, I am requesting that the
Commission not renew the license for this establishment. I have made the same request of the
Liquor Control Commission and the status of this license is under review.
I ask that you consider this request. I have included a copy of the call history for this address for
the years 2005 and 2006. You will also find a copy of my letter to the Liquor Control
Commission.
If you have any questions, please don't hesitate to contact me.
INCIDENT LIST:
Agcy Case # Offense Rpt Date Location
MHPD 2006-000385-I GENERAL ASSISTA 01/26/2006 978 PINE ST
MUPD 2006-001894-I WEAPONS OFFENSE 01/26/2006 978 PINE ST
MUPD 2006-001901-I DISORDERLY COND 01/26/2006 978 PINE ST
MUPD 2006-002045-I SUSPICIOUS SITU 01/28/2006 978 PINE ST
MUPD 2006-004372-I AGGRAVATED/FELO 03/02/2006 978 PINE ST
MUPD 2006-004381-I LIQUOR VIOLATIO 03/02/2006 978 PINE ST
INCIDENT LIST:
Agcy Case # Offense Rpt Date Location
MUPD 2005-000790-I LOST & FOUND PR 01/13/2005 978 PINE ST
MUPD 2005-000850-I DISORDERLY COND 01/14/2005 978 PINE ST
MUPD 2005-000979-I LARCENY - THEFT 01/16/2005 978 PINE ST
MUPD 2005-001393-I DISORDERLY PERS 01/23/2005 978 PINE ST
MUPD 2005-001782-I NON-AGGRAVATED 01/28/2005 978 PINE ST
MUPD 2005-002037-I CIVIL MATTER DI 02/01/2005 978 PINE ST
MUPD 2005-002641-I WARRANTS 02/11/2005 978 PINE ST
MUPD 2005-004368-I GENERAL ASSISTA 03/10/2005 978 PINE ST
MUPD 2005-005328-I LARCENY - OTHER 03/23/2005 978 PINE ST
MUPD 2005-005367-I DISORDERLY COND 03/24/2005 978 PINE ST
MUPD 2005-007072-I AGGRAVATED/FELO 04/14/2005 978 PINE ST
MUPD 2005-007074-I VIOLATION OF CO 04/14/2005 978 PINE ST
MUPD 2005-007792-I LARCENY - THEFT 04/22/2005 978 PINE ST
MUPD 2005-009141-I LOST & FOUND PR 05/10/2005 978 PINE
MUPD 2005-009373-I NON-AGGRAVATED 05/13/2005 978 PINE ST
MUPD 2005-009372-I NON-AGGRAVATED 05/13/2005 978 PINE ST
MUPD 2005-009374-I MISDEMEANOR TRA 05/13/2005 978 PINE ST
MUPD 2005-010404-I PUBLIC PEACE - 05/26/2005 978 PINE ST
MUPD 2005-010410-I DAMAGE TO PROPE 05/26/2005 978 PINE ST
MUPD 2005-011689-I NON-AGGRAVATED 06/09/2005 978 PINE ST
MUPD 2005-011940-I DRUNKENNESS - E 06/11/2005 978 PINE ST
MUPD 2005-012821-I MOTOR ASSIST 06/20/2005 978 PINE ST
MUPD 2005-013816-I PUBLIC PEACE - 06/30/2005 978 PINE ST
MUPD 2005-015655-I OBSTRUCTING POL 07/18/2005 978 PINE ST
MUPD 2005-015894-I LARCENY - THEFT 07/20/2005 978 PINE ST
MUPD 2005-018758-I LARCENY - OTHER 08/19/2005 978 PINE ST
MUPD 2005-019883-I LOST & FOUND PR 08/31/2005 978 PINE ST
MUPD 2005-021136-I FORGERY/COUNTER 09/15/2005 978 PINE ST
MUPD 2005-021142-I DISORDERLY COND 09/15/2005 978 PINE ST
MUPD 2005-023182-I PUBLIC PEACE - 10/07/2005 978 PINE ST
MUPD 2005-024274-I WEAPONS OFFENSE 10/20/2005 978 PINE ST
MUPD 2005-025992-I GENERAL ASSISTA 11/10/2005 978 PINE ST
MUPD 2005-027022-I GENERAL ASSISTA 11/23/2005 978 PINE ST
MUPD 2005-027470-I DISORDERLY COND 12/01/2005 978 PINE ST
MUPD 2005-027476-I NON-AGGRAVATED 12/01/2005 978 PINE ST
MUPD 2005-028873-I WEAPONS OFFENSE 12/22/2005 978 PINE ST
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www. muskegon police.com Phone: 231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
January 31, 2006
Michigan Liquor Control Commission
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
Dear Commissioners:
This correspondence is in regards to a current licensee identified as "Dreamers", which is located
at 978 Pine Street within the city of Muskegon. For some time now, our department has had to
deal with numerous calls at this location. The nature of these calls range from overcrowding
complaints to fights and assaults. We have been informed that on certain nights the
establishment runs a "special" i.e. $4.00 for all of the beer that you can drink. Obviously, we
believe that these specials have led to problems at this location.
Most recently, on January 26, 2006, officers were dispatched to the establishment at 1:39 A.M.
on a report of shots being fired. The responding officers encountered a Malachi Williams, one of
the licensees. Mr. Williams admitted that he used a revolver to fire four (4) shots into the ceiling
in an attempt to stop a fight that was taking place within the business. During the course of the
investigation it was determined that Mr. Williams had consumed an undetermined amount of
alcohol. Mr. Williams refused to cooperate with the officers in regards to his alcohol
consumption and the discharge of the firearm. Mr. Williams was arrested and we are seeking
prosecution on a number of potential charges.
My purpose in writing to you is to ask your assistance in dealing with this licensee. We are very
concerned about the safety of our community in regards to the actions at this establishment.
Generally, the licensees within our city are good business people who are cooperative and care
about the safety of our community. I cannot say that in this present case. I ask that in light of
these circumstances, you review the following:
R436.1011 Illegal acts on the premises to include the use of a weapon while consuming
alcohol~ obstructing an officer during an investigation~ allowing fights or the
improper use of firearms.
R436.1055 Selling alcohol below cost.
R436.1438 Sale of unlimited quantity of alcohol at a specific price.
Based upon the information that has been provided to you, I am requesting that you immediately
suspend the liquor license currently held by Dreamers until such time that you have reviewed the
facts in this case. I believe that it is warranted, especially in light of the most recent shooting
incident.
I appreciate your consideration of this request. If you have any questions, please don't hesitate
to contact me.
Sincerely,
Anthony L. Kleibecker
Director of Public Safety
cc: Mr. Bryon Mazade
Det. Kurt Dykman
Ms. Gail Kundinger
2006 Liquor License Renewals
.· .. Organization Name .· • . Address . App. Check Inspections Treasurer Income Tax Police
Applebee's Neighborhood Grill & Bar 4551 West 107th Street X
Bayside Centre 3006 Lakeshore X
Bob's Bait & General Store 1050 W. Western X X X
Brewer's Brews & Cues 817 E. Forest X X
Captain Jack's Bar & Grill 916 Michigan Street NE X
Community Party Store 1149 Wood X X X
Cuti's Sports Bar & Grill 677 W. Laketon X
Docker's Waterfront Cafe 3505 Marina View Point X X X
Doo Drop Inn 2410 Henry X X
Dreamer's (Opportunities LLC) 978 Pine X
Elks Charity Lodge #1397 149 Ottawa X
Ghezzi's Market 2017 Lakeshore X
Lakeshore Tavern 1963 Lakeshore X X X X X
Pizza Hut 1480 Apple X
Pop-A-Top Tavern 2185 Henry X
Porthole Bar (Nauty's) 1300 W. Sherman X
Rafferty's Restaurant 601 Terrace Point X
Sardine Room Restaurant & Bar 2536 Henry X
Someplace Else Ill (Glenside Pub) 1508 W. Sherman
- -----------------
X L _ _ _ ______ --- ---------------
X- In Violation
Commission Meeting Date: March 14, 2006
Date: March 7, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RIE: Public Hearing concerning 2006- 2007 CDBG/HOMIE
recommendation and City Commission Preliminary
decision
SUMMARY OF REQUEST: To conduct a Public Hearing concerning the
CDBG/HOME 2006-2007 recommendation submitted by both the administration and
the Citizen District Council.
The Public Hearing is to gather information from the public concerning the 2006-2007
CDBG/HOME funding which is to be $1,060,145 and $301,767, respectively,
excluding any program income or reprogrammed funding.
The City Commission is also asked to make their preliminary decision on what items
should be funded and at what amounts.
The City Commission will be asked to make their final decision on April 11, 2006
during the scheduled Commission meeting.
FINANCIAL IMPACT: The 2006-2007 allocations will be based on the Commission
decision(s).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the Public Hearing and to make
preliminary allocation decision.
COMMITTEE RECOMMENDATION: The Citizen's District Council recommendation
are included with the recommendation made by the City's administration.
~· CITY OF MUSKEGON
CDBG/HOME
2006-2007 Proposed Allocations
Community Development Block Grant
Amount Administration CDC City Commission City Comm
Organization/Agency Activity Requested Recommendation Rec Prelimiary Rec. Final Determination
Love INC Handicap Ramps $10,000 $2,500
American Red Cross Senior Transit $5,000 $2,500
West Michigan Veterans Food Bank/Transportation $5,000 $2,500
Sacred Suds Laundry/Shower $6,000 $2,500
DPW Senior Transit $58,735 $40,000
CDBG Code Enforcement Code Enforcement $40,000 $40,000
Community Economic Development Fayade $20,000 $5,000
CDBG Service Delivery Delivery Service $100,000 $62,500
Finance Bond Repayment Bond $245,000 $242,500
Health Care Health Outreach $5,500 $2,500
Legal Aid Legal Services $15,000 $2,500
Cornerstone Optometry Optometry $89,000 $0
CDBG Administration Admin $200,000 $178,000
Street Construction Street $40,000 $30,000
Leisure Services Recreation $87,318 $65,000
CDBG Siding Siding $225,000 $150,000
CDBG Emergency Repair Emergency Repair $225,000 $160,000
Planning Lot Clean up Lot Maintenance $40,000 $28,000
Dangerous Buildings Demolition $115,000 $43,000
Total CDBG Request $1,531,553 $1,059,000
Total CDBG Allocated+ PI $1,060,145 $1,060,145 $1,060,145 _ _ ___;S;.;;,I;:.:,0,;;,;60;.;;,,1;_;4,;;,5 $1,060,145
Allocated/Request Difference ($471 ,408) $1,145
Total Amt of Public Service*
Public Service mandated Amt J. ~Q' St-e•04 CoOwner/Spouse
Signature Signature
-----------------------
Address Address
Thank you for taking the time to vote on this important issue. ,,,., . ,,.,,. .,.. QEI~ED
MAR 0 '7 2006
Ci Clerks Office
3/7/06
To whom it may concern:
My wife and I discussed this Resurfacing issue and we are opposed these are our
two main objections:
1) We feel that there are many other roads in the city of Muskegon that require
repaving more than Lakeshore. Henry Street between Sherman Blvd and Norton
Road is bad along with Sherman Blvd between Henry Street and Seaway Drive.
The city should not consider wasting money on such an unnecessary project.
There are many other road projects that should be considered for the city.
2) After receiving this letter in the mail we actually drove down Lakeshore from
McCracken to Laketon and it is actually in very good shape. The only place
where it seemed we would need work is portions of the road going west towards
the paper mill. It makes perfect sense to us that this portion of the road would
be in the worse condition because the trucks going to the paper mill would be
carrying very heavy loads causing more stress to that side of the road.
We are not able to attend the meeting because we are expecting our first child
right around that date. We would rather have been able to voice our opinion in
person, but unfortunately will not be able.
for//-
Jason and Traci Cyr
ur
Thank You for Your lime,
RECEIVED
MAR 0 8 200S
City q~~~,s Ofil~e
2055 Lakeshore Dr
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14. 2006
Project Title: LAKESHORE DR. , McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE
OF VAN DER LINDE ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mall, simply told on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1930 LAKESHORE DR
Parcel Number 24-205-596-0004-00
Assessable Frontage: 189.5 Feet
Estimated Front Foot Cost: $17.50 per Foot RECEIVED
ESTIMATED TOTAL COST $3,316.25
Property Description Cl Clerks Offlolil
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 596 WLY 16FT LOT 3 & ELY 1731/2 FT LO!;..A.:::.;.;.L..;;.;."-·~----..- ..
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [2;J
Owner ,A1;:Zfrl 1.- " • 15
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
LAKESHORE DR. , McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE
OF VAN DER LINDE ST.
MILLING & RESURFACING
you wish to have your written vote included as part of the tabulation of votes forwarded to
City Commission for the scheduled public hearing, please return this card by the date
iridicated above. To use this response card please indicate whether you Oppose or Favor
special assessment project, sign the form and return it to the City Clerk's Office. To
this card by mail, simply fold on the dotted lines so the address on the reverse side is
'showina. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
.,-,,.,,v..,ECT.
1896 LAKESHORE DR
24-205-596-0003-00
54.68 Feet
$17.50 per Foot RECEIVED
$956.90 Mt1R 1 J 2006
City Clerks Office
OF MUSKEGON REVISED PlAT OF 1903 BLK 596 SWLY 17.3 FT LOT 2 & NELY 37.38 FT OF LOT 3
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED lZI
c.:..:.q::.~::;::;;_,~~~~;.+ CoOwner/Spouse - - - - - - - - - - - -
Signature
/J-;!6 /'--> :·:. ''· o .:: h' '.':~ -L) ;~· i'-~~rMA.~~:~~~n
Eric R Gielow www.Parmenterlaw.com Nancy Ann Hornacek
John C. Schrier Adam G. Zuwerink
Christopher l. Kelly Douglas J. Winkle
linda S. Kaare
James R. Scheuerle
William J. Meier OjCmmJel
Keith L McEvoy Thomas J. O'Toole
Anna Urick Duggins Eric J. Fauri
Scott M. Knowlton Michael M. Knowllon
George A. Parmenter, 1903-1993
March 13, 2006
Bryon Mazade
City Manager
City of Muskegon
933 Terrace Street
Muskegon MI 49440
Re: Special Assessment; City Commissioner Conflict of Interest
Dear Mr. Mazade:
You asked for our opinion regarding what role can a city commission member play in the
determination of a special assessment district when the commission member's business is a
property owner within the proposed district? It is our opinion that the commissioner is obligated
to abstain from all votes regarding the special assessment district.
Following is a basic outline of the procedure to create a special assessment district detailed in
Chapter XIII of the City of Muskegon Charter:
I, The City Commission votes whether to create a special assessment district and gives
public notice of its intention to create a special assessment district. A public hearing
is scheduled.
2. If more than 50% of the property owners to be assessed by the special district object
in writing at or before the public hearing, an affirmative vote of all the Commission
members that the safety or health of the public necessitates the improvement is
required to establish the district.
3. If the district is approved, the Commission orders a special assessment by resolution
and determines whether the special assessment shall be made according to the feet of
street frontage of each lot within the district or according to the amount of benefit
each lot or parcel will receive from the improvement.
4. Once the special assessment roll is completed by the Assessor, the Commission
reviews the roll and holds a public hearing to consider objections.
5. The Commission then votes whether to approve the roll and passes a resolution
confirming the same.
G:\EOSI\FILES\001 00\085016\L TR\CP3282.00C
Thus, there are essentially four decisions that the City Commission must make in order to
finalize a special assessment district:
1. Should a special assessment district be created?
2. If more than 50% of the owners oppose, should the district be implemented anyway?
3. What method should be used to determine the level of assessment for each owner?
4. Is the assessment roll presented by the Assessor correct?
There is no state statute governing whether or not the city commissioner has a conflict of interest
as a property owner within the district (the conflict of interest statute only governs contractual
issues between the city and the commissioner). The answer must be found in the common law-
which holds that a public official should abstain from voting if the official is personally
interested in the decision. The Michigan Supreme Court has said that:
Fidelity in the agent is what is aimed at, and as a means of securing it, the law will not
permit the agent to place himself in a situation in which he may be tempted by his own
private interest to disregard that of his principal. .. All public officers are agents, and their
official powers are fiduciary. They are trusted with pnblic functions for the good of the
public; to protect, advance and promote its interests, and not their own. And, a greater
necessity exists than. in private life for removing from them every inducement
. to abuse
the trust reposed in them ... The law will not permit him to reap a personal advantage
from an official act performed in favor of himself. People v. Township Bd. ofOveryssel,
11 Mich 222,225 (1863). ·
This opinion is still the controlling law in Michigan, and the Attomey General's office has
restated its holding as follows:
When a councilperson owes a fiduciary duty to a p1ivate employer, as well as to the
public, he or she must abstain from voting on matters which would require choosing
between the duties owed both. 1978 WL 30829 (Mich. A. G.)
Because the decision of whether or not to implement a special assessment disbict is directly
related to and affects the monetary and fiduciary interests of the specific property owners within
the district, a city commissioner having an interest in real property within the proposed·
special assessment district is legally obligated not to take part in the decision.
However, having come to the conclusion that the city commissioner is legally obligated to
abstain from voting, a potential problem arises because the City of Muskegon Charter has a
unique provision regarding the second question above .. The Charter states that:
If at or prior to the hearing the owners of more than one half of the property to be
assessed shall object thereto in writing, the improvement shall not be made unless the
Commission shall determine by an affimzative vote of all its members that the safety or
health of the public necessitates the improvement, in which case it may be made.
G:\EDS 1\FI LES\001 00\0850 16\LTR\CP328 2, DOC
~
H-1609 LAKESHORE DR. , McCRACKEN ST.TO 145' NORTHEASTERLY OF CENTERLINE OF VANDERLINDE ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 66
FOR OPPOSE
LETTER# ST# STNAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 6321.82 ••• 57 1812 LAKESHORE 24-205-596-0001-00 99.00 32 1605 LAKESHORE 24-205-530-0001-00 66.66
20 1845 LAKESHORE 24-205-624-0003-00 118.80 29 1623 LAKESHORE 24-205-530-0003-10 33.33
FRONT FEET OPPOSED 1860.02 29.42% 47 1910 LAKESHORE 24-205-596-0003-20 55.00 59 1756 LAKESHORE 24-205-609-0010-00 198.00
53 1920 LAKESHORE 24-205-596-0008-00 164 .33 23 1763 LAKESHORE 24-205-611-0021-00 122.00
RESPONDING FRONT FEET IN FAVOR 943.63 14.93% 14 1937 LAKESHORE 24-205-627-0002-00 77.00 22 1777 LAKESHORE 24-205-622-0021-00 145.00
45 1950 LAKESHORE 24-205-596-0004-20 165.50 58 1786 LAKESHORE 24-205-609-0013-00 80.00
NOT RESPONDING- FRONT FEET IN FAVOR 3518.17 55.65% 44 1988 LAKESHORE 24-205-596-0005-00 264.00 56 1824 LAKESHORE 24-205-596-0001 -1 0 40.00
55 1830 LAKESHORE 24-205-596-0001-20 40.00
TOTAL FRONT FEET IN FAVOR 4461.80 70.58% 54 1836 LAKESHORE 24-205-596-0002-00 80.00
19 1883 LAKESHORE 24-205-625-0001-00 36.10
18 1891 LAKESHORE 24-205-625-0002-00 30.50
49 1896 LAKESHORE 24-205-596-0003-00 54.68
17 1899 LAKESHORE 24-205-625-0003-00 33.25
48 1904 LAKESHORE 24-205-296-0003-10 45.00
15 1927 LAKESHORE 24-205-627-0001-00 77.00
46 1930 LAKESHORE 24-205-596-0004-00 189.50
8 2009 LAKESHORE 24-205-635-0006-00 43.00
7 2017 LAKESHORE 24-205-635-0007-00 66.00
6 2033 LAKESHORE 24-205-636-0001-00 60.00
41 2034 LAKESHORE 24-205-597-0001-00 140.00
5 2043 LAKESHORE 24-205-636-0002-00 60.00
40 2054 LAKESHORE 24-205-597-0004-00 100.00
4 2055 LAKESHORE 24-205-636-0003-00 60.00
3 2063 LAKESHORE 24-605-636-0004-00 60.00
~~
sJ;~ ~ \)~ ,,;- TOTALS
943.63 1860.02
~:¥~~
~ ~~
TABULATED AS OF: 05:00PM 3/14/2006 5:00PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Lakeshore Dr.
Date: March 14,2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create a Special Assessment District for:
WESTERN AVE., THIRD ST. TO EIGHTH ST.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for WESTERN AVE., THIRD
ST. TO EIGHTH ST. , and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2006-25 (e)
Resolution At First Hearing Creating Special Assessment District
For WESTERN AVE., THIRD ST. TO EIGHTH ST.
Location and Description of Properties to be assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 14, 2006 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 14, 2006, there were 7. 3 6 %objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the prope1iy to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
2. Department shall prepare plans for financing including submission of application to the Michigan
Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Spataro and Wierenga
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 11.8% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Carter, Davis, Gawron, Spataro, Warmington, and
Wierenga
Nays None
CITY OF MUSKEGON
By ~KQ;~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 14, 2006. 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
EXHffiiTA
WESTERN AVE., TIDRD ST. TO EIGHTH ST.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Western Ave. from Third St. to Eighth St.
I
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Western Ave., s•h St. to 3rd St.
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 ARCH 2006.
~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
oRJ n& DAY OF !12qcc h , 2006.
~& s/) - fJdiM__
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- ds-- o {;
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the foiiowing projects:
WESTERN AVE., TIDRD ST. TO EIGHTH ST.
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Western Ave., from Third St. to Eighth St.
The City Commission proposes that the City and property owners by means of special assessments wiii
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hail's
Engineering Department during regular business hours- between 8:00A.M. and 5:00P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON MARCH 14. 2006 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: March 4, 2006 Gail Kundinger, City Clerk
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 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
For
WESTERN AVE., THIRD ST. TO EIGHTH ST.
The milling & resurfacing of Western Ave. from Third St. to Eighth St., see attached exhibit for
location, was initiated by the City as a result of the city's successful attempt to secure
enhancement funds to perform a wide range of landscaping items which includes bump outs,
benches and planting. The enhancement award prompted engineering to review the surface
conditions and found it to be in need of resurfacing and take advantage of the proposed
enhancement activities to minimize disruption to residents and businesses in that area.
That section of Western Ave. appears to be in dire need of resurfacing due to the widespread
surface cracking which is the result of aging since Western was last paved in the mid 80s. It is
worth mentioning that while the proposed project includes landscaping, the amount being
proposed for assessment against adjacent properties does not include any landscaping items.
The assessment will be limited to those costs associated with paving only
A memo from the Assessor's office, which addresses the appraisal and benefit information, is
attached.
The preliminary cost estimate for the work associated with paving is $150,000 with the length of
the project being approximately 2150 lineal feet (project length) or 3,708.68' of assessable
footage. This translates into an estimated improvement cost of $40 per assessable foot. The
assessment figure will be at a cost not to exceed $17.50 per assessable fool as established in the
2006 Special Assessment Rates for this type of improvement
I
I
I
I
I
February 27, 2006
Mohammed Al-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon,MI49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special assessment
district entailing the milling and resurfacing ofWestem Avenue between 8th Street
and 3rd Street. The purpose of this analysis is to document the reasonableness of this
special assessment district by identifying and quantifying any accrued benefits. It is
subject to the normal govemmental restrictions of escheat, taxation, police power and
eminent domain. The effective date is February 27, 2006.
In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in property values due
to an improved quality oflife created by the proposed project. As previously
presented, the proposed special assessment district encompasses primarily residential
properties. The front foot rate of$17.50 for the milling and resurfacing of the above
mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$19.00. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
Y,
·'}~(L#ieA(frfliv1
) 'I
Heather Singleton, cME 2
Appraiser
March 3, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on MARCH 14, 2006. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
March 3, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
WESTERN AVE.,8TH ST. TO 3RD ST.
The proposed special assessment district will be located as follows:
All parcels abutting Western Ave. from 81h St. to 3'd St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 14, 2006 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, 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 THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $150,000.00 of which
approximately 11.80% ($64,901.90) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (1 0) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday
except holidays.
Sincerely,
~-.,~ .,/~~m
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
WESTERN AVE., 8'" sT. TO 3"1 ST. H 1593
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
... · HOUSEHOLD INFORMATION .
Name: .. . Birthdate: Social Security # ~~-~~-~~
Spouse: Birthdate: Social Security # ~~-~~-~~
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security # ~~-~~-~~
Name Birth date Social Security # ~~-~~-~~
Name Birth date Social Security # ~~-~~-~~
Name Birth date Social Security # - -
. .. ·. . . . . ·.
..
.· ·. . .
. . INCOME INFORMATION ·.· . .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
. Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION . ·.
.
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be cun·ent to qualify and will be verified by CDBG staff)
.
. .. .. OWNER'S SIGNATURE .· .. ·.. · .... .·
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information fumished in support ofthis application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
. . .
. FOR OFFICE USE ONLY .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see revel"Se side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
WESTERN AVE., 8'" ST. TO 3'" ST. H 1593
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street
assessment for you to the extent that funds are available.
Application Requirements:
¥' Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2 's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
¥' Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mmigage, or land contract; proof of occupancy can be a copy of a driver's license or other official document
showing both your name and address.
¥' Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resenJes the right to ver(fy all application il~formation. If current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also reserves the right to reject any applications that containsfals{{ied information or insufficient
documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbuned.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8Trl ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 90 Feet
Estimated Front Foot Cost: $17.50 per Foot
ESTIMATED TOTAL COST $1,575.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 & 8 BLK 317 EXC A STRIP OF LAND 8FT SlOE ACROSS THE SELY END OF LOl
8 FOR USE AS AN ALLEY SUBJ TO CROSS PARKING & REFUSE ESMT RECORD'D LIP 3642/568
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED D
Owner Co Owner/Spouse
Signature
------------------ Signature
----------------------
Address Address
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT H 1593
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
1 YELLOW BUILDING LLC ASSESSABLE FEET: 90
24-205-317-0007-00 43155 MAIN ST STE 2202 COST PER FOOT: $17.50
@ 1208 8TH ST NOV I Ml 48375 ESTIMATED P.O. COST: I $1 ,575.oo 1
2 MUSKEGON EAGLES #668 ASSESSABLE FEET: 231
24-205-317-0001-00 621 W WESTERN AVE COST PER FOOT: $17.50
@ 637 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $4,o42.5o 1
3 MUSKEGON EAGLES #668 ASSESSABLE FEET: 75
24-205-316-0009-00 621 W WESTERN AVE COST PER FOOT: $17.50
@ 621 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1 ,312.5o 1
4 WESTERN AVE LLC ASSESSABLE FEET: 32
24-205-316-0008-00 605 W WESTERN AVE COST PER FOOT: $17.50
@ 607 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.o. cosT: l'--_$:_5_6o_.o-'o--'l
5 WESTERN AVE LLC ASSESSABLE FEET: 24
24-205-316-0007-00 605 W WESTERN AVE COST PER FOOT: $17.50
@ 605 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: $.:_4_2_0._00--'J
' - 1_ _
6 MUSKEGON HOTEL LLC ASSESSABLE FEET: 78
24-205-316-0005-00 900 3RD ST STE 204 COST PER FOOT: $17.50
@ 593 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1 ,365.oo 1
7 OLSON THOMAS W ASSESSABLE FEET: 24
24-205-316-0004-00 1582 BEACH ST COST PER FOOT: $17.50
@ 591 W WESTERN AVE MUSKEGON Ml 49441 ESTIMATED P.o. cosT: j[__ _$:_4_2o_._oo__,j
3/3/2006 Page 1 of 6
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
8 MUSKEGON SUMMER CELEBRA ASSESSABLE FEET: 88
24-205-316-0001-00 587 W WESTERN COST PER FOOT: $17.50
@ 587 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1 ,54o.oo 1
9 DOUBLE L PROPERTIES LLC ASSESSABLE FEET: 66
24-205-315-0006-00 PO BOX 975 COST PER FOOT: $17.50
@ 563 W WESTERN AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,155.oo 1
10 MUSKEGON HERITAGE ASSOC ASSESSABLE FEET: 34.06
24-205-315-0005-00 561 W WESTERN AVE COST PER FOOT: $17.50
@ 561 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: $_5_96_.0_5_,1
. _ I_ _
11 BOSMA TIMOTHY A ASSESSABLE FEET: 13.49
24-205-315-0005-10 557 W WESTERN AVE COST PER FOOT: $17.50
@ 557 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: Ll_ _$.:_2_36_._08--'l
12 DINGER JAMES ASSESSABLE FEET: 84.45
24-205-315-0004-00 1315 WAGNER RD COST PER FOOT: $17.50
@ 555 W WESTERN AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,477.88 1
13 BABBITT E C/P R TRUST ASSESSABLE FEET: 99
24-205-315-0003-00 4473 CHERRYWOOD COURT COST PER FOOT: $17.50
@ 545 W WESTERN AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,732.50 1
14 BABBITT E C/P R TRUST ASSESSABLE FEET: 99
24-205-315-0001-00 4473 CHERRYWOOD CT COST PER FOOT: $17.50
@ 521 W WESTERN AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,732.50 1
3/3/2006 Page 2 of 6
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
15 CITY OF MUSKEGON ASSESSABLE FEET: 66
24-205-314-0006-00 933 TERRACE ST COST PER FOOT: $17.50
@ 505 W WESTERN AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1.155.oo 1
16 CITY OF MUSKEGON ASSESSABLE FEET: 66
24-205-314-0005-00 933 TERRACE ST COST PER FOOT: $17.50
@ 495 W WESTERN AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,155.oo 1
17 CITY OF MUSKEGON ASSESSABLE FEET: 154
24-205-314-0003-00 933 TERRACE ST COST PER FOOT: $17.50
@ 489 W WESTERN AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,695.oo 1
18 DOWNTOWN DEVELOPMENT AU ASSESSABLE FEET: 62
24-205-314-0002-00 COST PER FOOT: $17.50
@ 479 W WESTERN AVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1 .o85.oo 1
19 SEEBACK WILLIAM ASSESSABLE FEET: 22.99
24-205-314-0001-10 475 W WESTERN AVE COST PER FOOT: $17.50
@ 477 w WESTERN AVE MUSKEGON Ml 49440-000 ESTIMATED P.O. COST: IL___$;_4_0_2._33--'I
20 COUNTY OF MUSKEGON ASSESSABLE FEET: 22.81
24-205-314-0001-00 990 TERRACE ST COST PER FOOT: $17.50
@ 471 W WESTERN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: Ll_ _$;_3_99_.1_8-'l
21 THE HERALD CO INC ASSESSABLE FEET: 66
24-205-313-0006-00 981 THIRD COST PER FOOT: $17.50
@ 451 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,155.oo 1
3/3/2006 Page 3 of 6
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
22 PCJ ENTERPRISE LLC ASSESSABLE FEET: 46.08
24-205-313-0005-00 1461 EVANSTON AVE COST PER FOOT: $17.50
@ 441 W WESTERN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: Ll_ _$:...:8...:..06...:..._40'--'l
23 PCJ ENTERPRISE LLC ASSESSABLE FEET: 46.04
24-205-313-0005-10 1461 EVANSTON AVE COST PER FOOT: $17.50
@ 435 W WESTERN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: IL...__$:._8_05_._70__,1
24 COUNTY OF MUSKEGON ASSESSABLE FEET: 88
24-205-313-0003-00 990 TERRACE STREET COST PER FOOT: $17.50
@ 425 W WESTERN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,54o.oo 1
25 COUNTY OF MUSKEGON ASSESSABLE FEET: 77
24-205-313-0001-00 401 W WESTERN AVE COST PER FOOT: $17.50
@ 401 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,347.5o 1
26 COUNTY OF MUSKEGON ASSESSABLE FEET: 424.15
24-205-571-0001-00 990 TERRACE ST COST PER FOOT: $17.50
@ 1051 7TH ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $7,422.63 1
27 COUNTY OF MUSKEGON ASSESSABLE FEET: 389.06
24-205-570-0001-00 990 TERRACE ST COST PER FOOT: $17.50
@ 586 W WESTERN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $6,808.55 1
28 MUSKEGON REDEV LTD DIVIDE ASSESSABLE FEET: 403.75
24-205-568-0001-00 550 W WESTERN AVE COST PER FOOT: $17.50
@ 550 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $7,065.63 1
3/3/2006 Page 4 of 6
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
29 FARHAT E DAVID ASSESSABLE FEET: 65.58
24-205-567-0001-40 233 WASHINGTON ST COST PER FOOT: $17.50
@ 500 W WESTERN AVE GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $1,147.65 1
30 PORT CITY CIO BLDG ASSESSABLE FEET: 50.67
24-205-567-0001-20 490 W WESTERN AVE COST PER FOOT: $17.50
@ 490 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: '-1_ _$:_8_86_.7_3_,1
31 CITY OF MUSKEGON ASSESSABLE FEET: 223.25
24-205-567-0001-30 933 TERRACE ST COST PER FOOT: $17.50
@ 9554TH ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $3,906.88 1
32 450 W WESTERN LLC ASSESSABLE FEET: 68.25
24-205-567-0001-10 4880 RAMBLING CREEK DR COST PER FOOT: $17.50
@ 450 W WESTERN AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.194.38 1
33 GUNDERSON DAVID DO ASSESSABLE FEET: 71.35
24-205-566-0013-00 442 W WESTERN AVE COST PER FOOT: $17.50
@ 442 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,248.63 1
34 DESIREE ENTERPRISES INC ASSESSABLE FEET: 103.7
24-205-566-0009-00 939 3RD ST COST PER FOOT: $17.50
@ 428 W WESTERN AVE MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,814.75 1
35 MUSKEGON NIGHTS INC ASSESSABLE FEET: 154
24-605-000-0001-00 939 3RD ST COST PER FOOT: $17.50
@ 939 3RD ST MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $2,695.oo 1
3/3/2006 Page 5 of 6
MILLING & RESURFACING HEARING DATE MARCH 14, 2006
WESTERN AVE.,8TH ST. TO 3RD ST.
SUM OF ASSESSABLE FOOTAGE: 3708.68 SUM OF ESTIMATED P.O. COST: $64,9o1.9o I
TOTAL NUMBER OF ASSESSABLE PARCELS 35.00
3/3/2006 Page 6 of6
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8TH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office To
;atum this La1Li i.Jy 111aii, simpiy fo1a on tne dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 557 W WESTERN AVE
Parcel Number 24-205-315-0005-10
Assessable Frontage: 13.49 Feet
Estimated Front Foot Cost: $17.50 per Foot
ESTIMATED TOTAL COST $236.08
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF W 47.55 FT LOT 5 BLK 315 COM AT NW COR SO BLK TH N 51 DEG 07 MIN
35 SEC E 100.06 FT FOR POB TH S 38 DEG 49 MIN 15 SEC E 87.14 FT TH N 51 DEG 22 MIN 25 SEC E 13.71 FT TH N 38 DEG 57 MIN
46 SEC W 87.13 FT TH S 5
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED D
CoOwner/Spouse
~~~~~~~~---
Signature
----------------------
Address Address
Thank you for taking the time to vote on this important issue. RECEIVE10
MN< 0 '7 2006
City Clerks Office
/
. I
I. I I SPECIAL ASSESSMENT
' .
/ HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count. please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8TH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
~cturn ti·,is cc.i·d by mc.il, sintpiy loki 011 ii 1e doueo unes so lhe address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 563 W WESTERN AVE
Parcel Number 24-205-315-0006-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $17.50 per Foot
ESTIMATED TOTAL COST $1,155.00
Property Description
CITY OF MUSKEGON REVISEO PLAT OF 1903 LOT 6 BLK 315
You; vote COUNTS!
.00
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED D
Owne' "!!_~aJ'oO.o"/SpooM ____________
Signature ~ Signature
Address .563 ~~1,5 t..;. N£571P/ll<.l 4v'C- Address
Thank you for taking the time to vote on this important issue.
EIVED 9
~1AR 0 '7 2006
City Clerks Office
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8TH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return tnis cara by ma1i, simpiy to;a on tne aonea nnes so the adaress on tne reverse s1ae 1s
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 450 W WESTERN AVE
Parcel Number 24-205-567-0001-10
Assessable Frontage: 68.25 Feet RECEIVED
Estimated Front Foot Cost: $17.50 per Foot
ESTIMATED TOTAL COST $1 '194.38
Property Description
CITY OF MUSKEGON PART OF LOT 1 BLK 567 DESC AS: COM AT NWLY COR LOT 14 BLK 566 TH S 480 29M OOS WON
PRODUCTION OF SLY LN OF ALLEY IN BLK 566 A DISTANCE OF 31.75 FT FOR POB TH S 410 36M ODS E 113FT TO APT ON NL Y
LN WESTERN AVE SO PT BEING 31.75 FT WLY 0
Your· vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [Z]
Owner . _A_v/'-"'~'"/-.:=.,.~' -·;.,;)j_ic._.,.:,.~I._-. ;. I_I_-_ _ _ CoOwner/Spouse - _____-'(""~;;-~--. .-_·,'-~. :. J+/->_- '-1_(.:.,l_r__
Signature A ,.__ ~7--~l"-"'-~y;{--/:> Signature .A~ _
Address /s-o ,:;/ /f/e 7h ? / i ) Address {/_Jf7(7 /·zj /A/,:· J}-rc/ /7
32
Thank you for taking the time to vote on this important issue.
..
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8TH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the forrn and return it to the City Clerk's Office. To
return ii 1is c;c.n.i by n1aii, simpiy foid on me aottea lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 939 3RD ST
Parcel Number 24-605-000-0001-00
RECEIVED 1
Assessable Frontage:
Estimated Front Foot Cost:
154
$17.50
Feet
per Foot illi\!i I d 2006 J
ESTIMATED TOTAL COST
Property Description
$2,695.00
City Clerks
--
. __ Oft'Ice
CITY OF MUSKEGON MUSKEGON COUNTY CONVENTION CENTER CONDOMINIUMS UNIT #1 & #2 MORE FULLY DESC AS: THAT
PART OF BLOCK 566 AND BLOCK 567 REVISED PLAT OF 1903, DESCRIBED AS FOLLOWS: COM AT SECOR OF SAID BLK 566
BEING THE NW COR OF THIRD STAND WESTERN AVE FO
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project
I AM IN FAVOR D •)
I AM OPPOSED IRJ
Owner GAiYl(\\ i \?\(L\\.llL? CoOwner/Spouse - - - - - - - - - -
Signature (---·- . ..,_ Signature
......_.~.:::::::=zbl .
Address (\ 3G\ ·;;_ g~ :J:\ Address
Thank~~~1~;-ti~~g ~~~~~~ t~V~te on this important issue. 35
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,STH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the Citv Clerk's Office. To
rpt1 tr-~ th~-::. c,::;r-d t,·y· ~-~1al\, sii-rt~Jiy luid un the aottea iines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 561 W WESTERN AVE
Parcel Number 24-205-315-0005-00
Assessable Frontage: 34.06 Feet
Estimated Front Foot Cost: $17.50 per Foot RECEIVED
ESTIMATED TOTAL COST $596.05
Property Description
Citv Clerks Office
CITY OF MUSKEGON REVISED PLAT OF 1903 W 47.55 FT LOT 5 BLK 315 EX COMM AT NW · RSD'BLKTA N 51 DFG 7 MIN 35 SEC
E 34.06 FT FOR POB TH S 38 DEG 49 MIN 15 SEC E 87.14 FT TH N 51 DEG 22 MIN 25 SEC E 13.71 FT TH N 38 DEG 57 MIN 46 SEC~~
87.13 FT TH S 51 DEG
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR 12{] I AM OPPOSED D
Owner ,1/C~t/((;r,c: >·16?'}~(..~-/!!\'" CoOwner/Spouse
Signature ..!1 J-~ln·c ~~/
p:,4&z .o
-;.,,(,, ~- Signature
----------------------
Address ~&,(II~' (.V'r:~)~l('"(.)t _.;t·t' Address
Thank you for taking the time to vote on this important issue. 10
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 14, 2006
Project Title: WESTERN AVE.,8TH ST. TO 3RD ST.
Project Description: MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To .
rewrn tn1s card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
R ··, ...
·:··~·.
Property Address: 1208 8TH ST ECEI\'lf£0
Parcel Number 24-205-317-0007-00 MM1 1 3 2006
Assessable Frontage: 90 Feet City Clerks 6ffice
Estimated Front Foot Cost: $17.50 per Foot
ESTIMATED TOTAL COST $1,575.00
Property Description
CITY OF MUSKEGON REVISED PLAT DF 1903 LOT 7 & 8 BLK 317 EXC A STRIP OF LAND 8FT SIDE ACROSS THE SELY END OF LOl
8 FOR USE AS AN ALLEY SUBJ TO CROSS PARKING & REFUSE ESMT RECORD'D LIP 3642/568
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR IX I I AM OPPOSED D
Owner Ye:Llt:.V Bo..-LL.Or.u(.. Ll( CoOwner/Spouse - - - - - - - - - -
Signature Signature
Address Address
Than
H-1593 WESTERN AVE., THIRD ST. TO EIGHTH ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS- 35
FOR OPPOSE
LEITER# ST# ST NAME PARCEL# FEET LEITER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 3708.68 ••• ~ 1 1208 EIGHTH 24-205-317-0007-00 90.00 35 939 THIRD 24-605-000-0001-00 154.00
FRONT FEET OPPOSED 222.25 ~
"''? 11
10
557
561
WESTERN
WESTERN
24-205-315-0005-1 0
24-205-315-0005-00
13.49
34.06
32 450 WESTERN 24-205-567-0001-10 68.25
9 563 WESTERN 24-205-315-0006-00 66.00
RESPONDING FRONT FEET IN FAVOR 203.55 5.49%
NOT RESPONDING- FRONT FEET IN FAVOR 3282.88 88.52%
TOTAL FRONT FEET IN FAVOR 3486.43 94.01%
TOTALS 203.55 222.25
TABULATED AS OF: 04:43PM 3/14/2006 4:49 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Western Ave.
Date: March 14,2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: LC Walker Arena Management Agreement
SUMMARY OF REQUEST: As described in the attached memo, staff has negotiated
a new management agreement for the LC Walker Arena. The new agreement greatly
simplifies the relationship between the city and the arena manager, limits the city's financial
exposure and provides private-sector incentives to utilize the facility to its fullest.
FINANCIAL IMPACT: The proposed contract will reduce and limit the City's financial
obligation for the arena. Additionally, a mechanism is established to fund future repairs.
BUDGET ACTION REQUIRED: None at this time. If contract is approved, budget
amendments will be made during the second quarter reforecast and will include creation of
the repair and maintenance fund, adjustments to the budgeted revenues and expenses of
the Arena fund reflecting partial year operations under the old contract, and adjustments to
the General fund reflecting the new management fee arrangement.
STAFF RECOMMENDATION: Staff recommends approval of the proposed LC
Walker Management agreement.
COMMITTEE RECOMMENDATION: None.
h)Uildnlln l N:\2 :,!WII!cn:;arob
('_,;:~AJl,\· Windsm 0:\1
.IU'FRf:Y M. MClltl(;ll !50 W~st Jefferson, Suih: 2500 Pnl,\~io: Gdynw
TEl.: (JJJ) ,j!)(,~7:Wl l'k!loil, Miclug;ln 48226 War.:;nw fl' Wri~~·!;lw
FA.X: (JIJ) .JI.lfJ~H·l52
TEL.: (313) 96.1··<•420
1<--'l..\11 .: nll'htq~hj(ti'tnillertaufidti.Cu!Jl
FAX: (313) 496-7500
W\\·W.nli!ktca_11_!]_d_l!,~·-~-~.!ll
March I0, 200()
'rile City of Muskegon
')33 Tc,rracc Street
Muskegon, Michigan 4 1)440
Attention: Mr. Tim Paul. Finance Director
The County of' Muskegon
()<)() Terrace Street
Muskegon. Michigan 49442
i\ttcntion·. Mr. James Borushko, County Administrator
County of Muskegon Building Authority
i)<)() Terrace Street
Muskegon, Michigan 49442
Att~ntion: Mr. Robert Patterson, Chairman
Rc: Opinion Regarding 1\ntry Into Operations Management Contrnct With
Rc:spccl to L.C. Walker Arena and Conference Center
We have been requested to render our opinion to the City of Muskegon, Michigan
(the "('ily"), the County of Muskegon, Michigan (the 'Tl1\1lill'"), and tile County of
Muskegon Building Authority (the "b.!!thor:[ly"), respectively, regarding the adverse
impact, if any, c;wsed solely by the. entry into an Operations Management Contract (the
"('(llltrnct") proposed to be effective on or about June II, 20()() for the management oftl1c
entire operations, rnnnngcmcnt and promotion of the L.C'. Walker /\rena (the "2-L\'tFI") by
and between the City and Arena Management Group, L.L.C., (the "Miillllill'!'") on the
oxclusiLHl li'om federal gross income of the interest under Section I m of the Internal
Rcwcnuc Code of I'!X (228,000)
*In addition, under the proposed contact, the city's obligation will be reduced further revenues generated from a
naming rights agreement. The amount generated is unknown at this time, but we believe it will be substantial.
• Page3
City of Muskegon
L.C. Walker Arena - Current and Proposed Contracts
Current Contracts Proposed Contract
II. Goal: Increase incentives
Manager guaranteed only
Manager guaranteed fee ($740,000)
$210,000; all other income to
a. Fee incentive regardless of number of events,
manager generated by events and
attendance, etc.
attendance.
Manager pays utilities and can
City pays utilities but doesn't have
a. Energy conservation impact costs with day-to-day
day-to-day building control
operating decisions
All income goes to city; no realistic
All income goes to manager adding
a. Manager's profit potential opportunity for manager to profit
significant incentive and potential
from additional events.
Ill. Goal: Streamline and simplify
a. Number of separate contracts 3 1
City responsible for financial
oversight and accounting for all
City has financial responsibility
arena revenues from ticket sales,
b. City's fiduciary responsibility only for repair and maintenance
concessions, parking, etc. Involves
fund.
numerous complicated allocation
formulas, etc.
• Page4
2006-26(a)
CITY OF MUSKEGON
OPERATIONS MANAGEMENT CONTRACT
L.C. WALKER ARENA AND CONFERENCE CENTER
This is a Contract, effective June 12, 2006, for the management of the entire operations,
management and promotion of the L.C. Walker Arena and Conference Center ("Arena"), made
between the City of Muskegon, 933 Tenrace Street, Muskegon, Michigan 49440 ("City") and Arena
Management Group, L.L.C., 955 Fourth Street, Muskegon, Michigan 49440 ("Manager").
PURPOSE
This Contract is drawn to afford the complete management, promotion and maintenance of the
Arena by Manager, in accordance and compliance with the requirements of the City, as well as the
Muskegon County Building Authority and the County of Muskegon, who are the owner and primary
lessee, respectively, of the Arena.
BACKGROUND
The Muskegon County Building Authority ("CBA") is the owner of the Arena, and leases the
premises to the County of Muskegon ("County"). The County subleases the Arena to the City, by
which the City is responsible for the operation, maintenance, and improvements for the Arena.
Therefore, the parties agree as follows:
1. Facilities Covered. City and Manager agree that the "Facilities" covered by this Contract are
as follows:
1.1. The L.C. Walker Arena and Conference Center,
1.2. The Annex Conference Center;
1.3. The "Club Room", which is a restaurant/bar overlooking the ice on the
Western Avenue end of the Arena, if it is constructed. City reserves the sole
right to decide whether a "Club Room" is to be constructed;
1.4. Manager agrees that City has no obligations to provide additional parking
facilities for the Arena. Manager is solely responsible for leasing, if Manager
desires to use, parking facilities owned by Mart Dock, or any related entity.
City agrees to allow Manager to an exclusive use of the City owned parking
facilities adjacent to Shoreline Drive. City agrees to allow Manager to use
the City owned parking facility adjacent to Western Avenue for arena events,
subject to the rights ot any other parties to use the same parking area. The
City reserves, at its sole discretion, the right to trade parking spaces for
another location. In addition, if the City is going to use either the existing
parking facilities adjacent to Shoreline Drive or adjacent to Western Avenue
for a purpose other than parking, the City shall give 30 days' notice and
Manager's rights to use that parking lot shall terminate. In the event existing
parking facilities are to be used for a purpose other than parking, the City
agrees to use its best efforts provide replacement parking for arena events.
2. Management; Operation; Maintenance; Improvements. The Manager agrees to perform
all acts and assume all responsibilities for the management, operation, maintenance and
improvements of the Arena. The Manager's responsibilities include but are not limited to all operation
of the building and its systems, complete maintenance thereof, repairs, cleaning and improvements to
the building and the premises necessary for the efficient, timely and full operation thereof
(notwithstanding the existence of the L.C. Walker Arena Repair and Replacement Fund, which shall
only be used in the City's sole discretion and not as a substitute for Manager's responsibilities); further,
all provisions for the use of the facilities for all events and functions, including but not limited to,
professional hockey, amateur hockey, public skating, professional basketball, amateur basketball,
shows, trade shows, exhibitions, conventions, athletic events, public performances for which the Arena
is reasonably suited, banquets, food service, meetings and public gatherings. The Manager's
responsibility shall further include the retaining and hiring of all personnel and independent contractors
for the purpose of canrying out all the responsibilities and functions of the Manager.
3. Annex Conference Center. The Annex Conference Center, which is part of the Arena, shall
be included in the above management, operation, maintenance, and improvement responsibilities of
the Manager. However, at any time and in the City's sole discretion, the Annex may be separated from
this Contract and its management, operation, maintenance and improvements contracted to another
company or individual. During the term of contract, city shall retain the right to sell or demolish the
Annex. Such separation of the Annex from the Manager's responsibilities shall not affect the
Manager's responsibilities for the rest of the property and facilities.
4. Expenses. The Manager shall pay on a timely basis, without incuning any cost of default or
penalties all expenses, payroll, payroll taxes, benefits, taxes, if any, and costs of any kind necessary or
related to the complete performance of its responsibilities as Manager.
5. Manager's Level of Performance.
5.1 The Manager's performance and assumption of the responsibilities undertaken by this
Contract shall be canied out and performed to the satisfaction of the City, in the City's sole judgment
and discretion. The Manager shall charge reasonable prices and fees for all paid events and from all
paid users, concessionaries and others, which shall be reviewed and adjusted by the City at its option.
In addition, Manager shall include a surcharge per ticket to all ticketed events in amounts to be
determined from time to time by the City and communicated in writing. The Manager shall not perform
or omit any act so as to jeopardize the Federal or State tax-exempt status of the County Building
Authority Bonds.
5.2 Manager acknowledges that Muskegon Hockey Club, Inc. d/b/a Muskegon Fury is a related
entity. Manager commits to maintain a UHL franchise, or equivalent or better professional hockey
team at the Arena. If Manager fails to maintain such, for whatever reason, Manager agrees to pay the
City the equivalent of four (4) years of debt service related to the Club Room.
6. Management Fee.
6.1 For its services, the Manager shall be paid a management fee by the City. The said
management fee shall be the sole compensation to the Manager by the City. Manager shall pay all the
expenses contemplated by this Contract without further payments from the City. The Manager shall be
paid an annual fixed fee of Two Hundred Ten Thousand ($210,000) dollars for the term of this
contract If the "club room', which is anticipated to be constructed during 2006, is not constructed, the
annual fixed fee shall be $235,000. The annual fee shall be paid by the City in twelve (12) equal
installments on the first of each month or a mutually agreeable schedule. As described in section 8
and section 10.2, it is anticipated that Naming Rights to the Arena will be marketed and sold on or
before September 1, 2006 and that city will annually receive funds from this sale to help offset the cost
of the management fee. If a Naming Rights deal is not approved by the city on or before September 1,
2006, the city, in its sole discretion, may choose to reopen this contract with regards to the amount of
the management fee.
6.2 . ff at any time Arena Management Group, Arena Concessions Group, Muskegon Hockey
Club, Inc., or any other entity owned in part or whole by Tony Usman owes the City of Muskegon funds
which are deemed by the City to be thirty (30) days or more in arrears, City shall have the right to
offset the monthly Management Fee owed by the City until such time as the amount owed to the City is
eliminated.
6.3 Manager shall prepare and keep full, complete and proper books, records and accounts of all
revenues and expenses by Arena Management Group, Arena Concessions Group, Muskegon Hockey
Club, Inc., or any other entity owned in part or whole by Tony Usman operated in the Arena, Annex or
Club Room. Manager shall provide to the city (at least annually) access to the complete financial
reports and income tax returns of these entities. ff, in the City's sole judgment, the fixed fee is
excessive when reviewing Manager's financial performance, the City may determine to change the
fixed fee for the remaining contract years. If the Manager does not agree in writing with the City's
determination, the Contract may be terminated after six (6) months notice or continued at the fixed fees
above stated, at the City's sole option.
7. Sources of Funds; Gross Revenues. All funds collected by the Manager from every source,
including but not limited to, ticket sales (after box office account settlement with unrelated third parties),
concession or event rentals or fees, parking fees, refunds, the current ticket surcharge, and any other
kind of receipt or revenue of any type, but excluding any fee for naming rights, user fees assessed by
the City or other governmental entity or the maintenance fee surcharge, shall be retained by Manager.
8. Naming Rights. The City reserves the right to sell the naming rights to the Arena, including
the Annex and the Club Room, if constructed. Any revenues generated by a contract to name the
Arena, including the Annex and Club Room, shall be solely the revenues of the City. City agrees to
pay Manager a one time fee of ten percent (10%) of the average annual amount paid for the naming
rights to the Arena if Manager brings the Buyer to the City and a deal is consummated. The fee shall
be paid by City to Manager contemporaneous with the first payment from the Buyer to the City, but
such obligation shall expire upon the termination of this Contract
9. Repair, Maintenance and Improvement Fund and User's Fee.
9.1. The City and Manager hereby establish the L.C. Walker Arena Repair,
Maintenance and Improvement Fund (hereafter, the "Fund") which shall be
financed by a user's fee as hereafter set forth and a one-time payment into
said Fund by the City in the sum of Sixty Thousand Dollars ($60,000) which
payment shall be made upon demand of Manager after July 1, 2006 to be
used solely and exclusively for the repairs and/or improvements (as hereafter
defined) to the L.C. Walker Arena. Withdrawals from said Fund for the
aforesaid purposes may be made by Manager only after first having obtained
the prior written consent of the City Manager of the City of Muskegon, which
consent shall not be unreasonably withheld. Any single repair costing Five
Thousand ($5,000) or less, shall, at all times, and in all events, be perfonmed,
assumed and paid for by Manager. Manager, not less often than annually,
shall furnish the City with an accounting of all repairs and improvements to
the L.C. Walker Arena within thirty (30) days following the completion of each
contract year during the term of this Contract or any extension thereof.
Earnings on said Fund shall be retained in the Fund and used solely for the
Fund purposes.
In addition to the one-time initial funding by the City, Manager agrees to
assess a Twenty-Five Cent ($0.25) user's fee on all admissions (by ticket) to
the Arena and/or Annex where such tickets are sold through the box office
and/or its outlets, and including all "complimentary ticker issued by the Arena
Manager or event promoter. The user's fee may be adjusted from time to
time by mutual consent of the City and Manager. All user fees collected
shall, within seventy-two (72) hours, be deposited by Manager in the Fund.
It is agreed by both Manager and City that the following events shall be
exempt from the user's fee:
(a) Public Skating Tickets; and
(b) Graduations, weddings, and other events where a
fixed rental rate is charged with no arena box office
ticket sales.
Within five (5) business days of the first of each month following the
completion of each event requiring the assessment of a user's fee, Manager
shall provide City with a written tabulation of the number of tickets sold at
such event and shall fumish the City evidence of the deposit in the Fund of
the user's fee collected. City may, during normal business hours, audit
Manager's record of any such event to verify the number of tickets sold and
the correctness of the deposit in the Fund.
g.2. "Repair" implies an existing structure or thing which has become imperfect
and means to supply in the original existing structure or thing that which is
lost or destroyed, and thereby restore it to the condition in which it originally
existed as near as may be. Manager shall be liable to assume and pay for
all needed repairs to the premises and all City-owned equipment therein.
The Fund may be used by Manager to make such repairs in the manner set
forth in this Contract and the City Manager shall not withhold his consent to
any such repair; provided, however, that at all times and in all events any
single repair costing Five Thousand Dollars ($5,000), or less, shall be
performed, assumed and paid for by Manager; and, provided further, the
following itemized items of work are not deemed "repairs" but are rather
deemed ordinary maintenance, materials and labor for which shall be
provided by Manager at its sole cost and expense:
(a) Incidental repainting of surfaces;
(b) Washing and waxing of floors;
(c) Resealing of floors when and where needed;
(d) Bathroom supplies and plumbing repairs caused by
plugging of lines, leaking faucets and toilets;
(e) All cleaning supplies and equipment;
(f) Lime/Paint for ice;
(g) Painting ice surfaces when and where needed;
(h) Light bulbs for all lighting fixtures;
(i) Cleaning of walls within the Arena and cleaning and
ordinary maintenance of sidewalks and other cement
surfaces surrounding the Arena and surface of the parking
lots;
U) Snowplowing and snow removal of walks and entrances as
needed and the Shoreline Drive and Western Avenue lots
for arena events;
(k) Cleaning of curtains, drapes and other cloth items on the
premises;
(I) Grass cutting and lawn maintenance;
(m) Emptying of trash containers and supply of trash containers;
(n) Such other and similar items of work ordinarily related to the
day-to-day operation of the Arena.
9.3. Improvements are defined as a valuable addition to the Arena or
amelioration in its condition, amounting to more than repairs, costing labor
and capital, and intending to enhance its value, beauty or utility, or to adapt it
for new or further purposes, of the kind that are normally in good business
practice capitalized rather than expensed. Manager shall first obtain the prior
written consent of the City before any improvement is made to the Arena.
The City may, at its sole and exclusive option, agree to pay for all or any part
of the cost of an improvement. ~. at the time the City consents to make any
requested improvement, there exists a balance in the Fund, such Fund
balance may be applied to defray the cost of making such improvement.
10. Uses of Funds. The gross revenues shall be used for the following purposes:
10.1. Monies deposited into the Maintenance Fund shall be used only for the
repair, maintenance, and improvement of the Arena. Any funds existing at
the termination of this Contract shall revert to the City and become the
unrestricted property of the City, with no claim to such by Manager.
10.2. All monies eamed by the sale of the naming rights to the Arena, Annex or
Club Room shall be the sole property of the City, subject to a possible
obligation to pay a fee to Manager. The monies from such, however, shall
be used by the City, in the following order, to pay the Management Fee owed
pursuant to paragraph 6, then to pay any debt service related to the Arena,
Annex, or Club Room and the balance, if any, to be deposited into the
Maintenance Fund.
10.3. All monies generated from all other sources at the Arena, including the
Annex, Club Room, parking lots, and the Management Fee shall be the sole
property of the Manager. Manager shall be responsible for all expenses,
including any payments to Mart Dock, or related entity, for use of any Mart
Dock, or related entity, property, except:
10.3.1. Expenses to be reimbursed from the Maintenance Fund; and
10.3.2. Debt service attributed to the Energy Improvements made in 2004
and any future debt service related to the Arena, including for the
Club Room, which shall be paid by City.
11. Conformity with Lease and Sublease. Exhibits A and B are the lease between the CBA
and the County and the sublease between the County and the City respectively. Manager agrees that
it is subject to and will comply with and enforce the provisions of both Contracts.
12. Possession; Termination. The parties agree that possession during the term of this
management Contract remains with the City. The Manager shall act as an agent of the City, and its
presence and possession in the Arena is carried entirely on behalf of the City. This Contract shall not
be construed as a lease or to give Manager any property right whatsoever in the Arena for any
purpose. In the event of lawful termination either before the term of this Contract or at the end thereof,
Manager shall vacate the premises without any notice or necessity of judicial proceedings.
13. Property; Termination.
13.1 All property purchased by the Manager or in the possession of the Manager
at any time during this Contract shall be the property of the City. At
termination, only the Manager's stationery and lhe personal effects of
personnel shall be removed from the building. All other property including
office equipment and supplies, all computers and computer related
programs, data, systems of personal property, all furniture, furnishings,
decorations, signs, fixtures, movable fixtures, personal property of any kind,
and all other property whether or not having value, shall be the property of
the City. The said property of the City shall include all things tangible or
intangible paid for by the Manager during the term of this Contract.
13.2 Notwithstanding anything in this Agreement to the contrary, in order to
maintain the tax-exempt status of the $16,000,000 County of Muskegon
Building Authority 1996 Building Authority Bonds (General Obligation
Unlimited Tax) issued June 19, 1996 (the "Bonds"), this Agreement shall
terminate immediately in any of the following circumstances:
(a) the L.C. Walker Arena (including for this purpose appurtenant
lands and all improvements thereto, referred to collectively herein as
the "Arena") is transferred to the County pursuant to Sections 3(1) or
17 of the Sublease dated April 23, 1996 (the "Sublease") between
the County of Muskegon (the "County") and the City of Muskegon
(the "City"), or is otherwise transferred to the County for any other
reason (including, but not limited to, the transfer to the County at the
termination of the Sublease under Section 3 of the Sublease), or
(b) any consideration is paid or value rendered to the County by
any party (including the City) with respect to the Arena for any
reason, such as for the use of or purchase of all or any portion of the
Arena, management services rendered with respect to any portion
of or all of the Arena, naming rights procured with respect to any
portion of or all of the Arena, or any other right with respect to any
portion of the Arena for which consideration is paid or valued
rendered to the County, except for payments made to the County for
property taxes or any other taxes of general application, unless a
written opinion of nationally recognized bond counsel is delivered to
the County to the effect that notwithstanding the occurrence of any
of the circumstances described in (a) or (b) above, failure to
terminate this Agreement will not adversely impact the exclusion
from federal income taxation of the interest on the Bonds to the
holders thereof. Such opinion shall be in form and substance
reasonably satisfactory to the County, and may (i) permit a limitation
(rather than termination) of the original term of this Agreement, or (ii)
mandate other conditions as required by nationally recognized bond
counsel to render such opinion. The City agrees to notify the
manager within thirty days of the date any of the circumstances in
(a) or (b) arise; failure to provide such notice does not constitute a
waiver of section 13.2; however, the Manager shall not be
responsible for any damages or consequences arising from the
City's failure to provide such notification.
14. CondHion of the Premises and Property. On termination the Manager shall deliver all the
property and the premises to the City in good and useable condition, except for the effects of ordinary
wear and tear. Manager shall be immediately responsible for any repairs necessary to restore any
property, whether real or personal, fixtures or otherwise, to the said condition.
15. Term. The term of this Contract shall be five (5) years from the effective date, provided that
either party may terminate this Contract without cause, effective at the end of two (2) years, upon
written notice or annually thereafter, given anytime before the end of the last January first. If not
terminated, this Contract shall automatically renew for an additional five years not to exceed a total of
ten (10) years including the original term, or sooner in case a similar timely termination notice is given
before the last January first on any one-year term. Notwithstanding the foregoing, this Contract shall
be terminated, at the City's option, if a UHL franchise, or equivalent or better professional hockey team
is moved from the Arena.
16. Liquor License. The City and the Manager shall be co-licensee on the City's municipal
license, and any renewals thereof. The Manager agrees that the license is to remain in the City of
Muskegon as primary licensee and that no interest in the license shall accrue to the Manager except
the right under Michigan Liquor Control Laws and Regulations to operate as a co-licensee.
The parties shall cooperate and take such further action as is necessary and desirable to comply
with any requirements of the Liquor Control Commission. Manager shall be responsible for all actions
and responsibilities under the liquor license and shall indemnify City for all expenses, fees, fines, or
costs incurred by the City related to the liquor license.
17. Concessionaires and Independent Contractors; Professional Hockey Team. The
Manager shall have the right to enter into contracts with concessionaires and independent contractors
providing subsidiary services to the Arena. The gross proceeds of all such contracts shall be the
Manager's.
18. Insurance. The Manager shall obtain insurances required by the City in at least the coverage
amounts set forth below. In all the following coverages except workers compensation insurance, the
City, the Muskegon County Building Authority and the County of Muskegon shall all be named as
additional insureds or loss payees, and each policy shall cany the commitment by the company that no
cancellation shall be effective against the City, the CBA or the County, without thirty (30) days written
notice to the City:
18.1. Comprehensive general liability insurance. The Manager shall obtain a
comprehensive liability insurance policy through a company licensed to do
business in Michigan and acceptable to the City, canying limits of at least
$3,000,000, single limit.
18.2. Vehicle liability insurance. The Manager shall carry vehicle liability insurance
for each vehicle owned or leased by it, having liability limits of at least
$1,000,000.
18.3. Workers compensation insurance. The Manager shall cany workers
compensation insurance in the amounts required by state law.
18.4. Liquor liability. Manager shall cany. either by itself or through the use of
concessionaire policies, adding additional insureds, a comprehensive liquor
liability policy or policies.
18.5. Other insurance. Any insurances which are available and which are
especially appropriate for the operation of the Arena, such as coverages
involving professional or amateur hockey games, trade shows and the like,
covering liability and the cost of injuries to persons and property shall be
obtained by the Manager, with liability coverage carrying at least a single limit
of $1,000,000.
19. Insurance Notices. Cancellation Notice: Workers Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Insurance, as described above, shall include an
endorsement stating the following: "It is understood and agreed that, in order to be effective, thirty (30)
days' Advance Written Notice of Cancellation. Non-Renewal, Reduction and/or Material Change shall
be sent to:
City of Muskegon
Attn: City Manager
933 Terrace Street
P.O. Box 536
Muskegon, Ml 49443-0536
20. Assignment. The Manager may not assign this Contract Any attempted assignment or
change in entity of the Manager, change in the stockholders by more than the holders of one-third of
the interest in the outstanding equity of the company, or any material change in the majority equity or
management of the Manager, shall constitute a violation of this Contract and cause immediate
termination in the City's discretion.
21. Hold Harmless and Indemnity. To the fullest extent permitted by law, Manager agrees to
defend, pay in behalf of, indemnify, and hold harmless the City, County and CBA, their elected and
appointed officials, employees and volunteers and others working in behalf of them against any and all
claims, demands, suits, or loss, including all costs connected herewith, and for any damages vyhich
may be asserted, claimed or recovered against or from them, their elected and appointed officials,
employees, volunteers or others working in behalf of them, by reason of personal injury, including
bodily injury and death and/or property damage, including loss of use thereof, which arises out of or is
in any way connected or associated with this Contract.
22. General Provisions.
22.1. Independent Contractor. The Manager is an independent contractor and not
an employee of the City. Manager is responsible for all its own personnel
and all other expenses and costs as set forth in this Contract and shall not
have recourse to the City for any claims involving the said expenses or costs.
22.2. Corporate Status. Manager warrants that it is a Michigan corporation in good
standing and is authorized to perform this Contract.
22.3. Equal Employment Opportunity; Discrimination. The Manager shall not
discriminate unlawfully against any person in violation of any law or rule of
the City, the County, the State .of Michigan or the federal government, in
employment, services or any other respect. The Manager shall comply,
including reporting requirements, in each and every way with the City and
County of Muskegon's affirmative action plans or policies, and shall never
discriminate against any person based on race or any other protected status
under the laws of the State or the United States.
22.4 Tickets. During the term of this contract City shall be provided four (4) free
tickets to all resident pro hockey games at the Arena. The City shall have
reasonable access to the facility at all times to monitor compliance with this
agreement.
23. Defaults. The following events shall constitute defaults by the Manager and constitute cause
for immediate termination of this Contract:
23.1. Violation of any of the provisions of this Contract by the Manager and failure
to remedy or cure such within thirty (30) days after written notice of such
violation from the City;
23.2. The commission of any act or omission that endangers the Federal or State
tax-exempt status of the County of Muskegon Building Authority Bonds;
23.3. The making of an assignment for the benefit of creditors or the filing of a
petition under any section or chapter of the Federal Bankruptcy Code or
under any similar law or statute of the United States or any state thereof;
23.4. Adjudication of the Manager as a bankrupt or insolvent in proceedings filed
against the Manager under any section or chapter of the Federal Bankruptcy
Code or under any similar law or statute of the United States or any state
thereof without further possibility of appeal or review;
23.5. The appointment of a receiver for all or substantially all of the assets of
Manager and the failure to have such receiver discharged within thirty (30)
days after appointment; and
23.6. The bringing of any legal action against Manager by any creditor resulting in
litigation wihich, in the opinion of the City, creates a real and substantial risk of
involvement of the Arena that will probably: ( 1) act to their financial
detriment; or, (2) result in such creditor, or his assigns, succeeding in or to all
or part of the interest of the City.
24. Non-Waiver. Failure to enforce any remedy for a breach or a violation of this Contract shall
not constitute waiver of subsequent breaches or violations.
25. Remedies of the Manager. In the event the City breaches this Contract in any way, or the
Manager determines that a breach or failure to observe any covenant or condition by the City has
occurred, the Manager's sole remedy shall be termination of this Contract. The Manager shall not be
entitled to any damages for breach of contract, or to any injunctive relief to enforce this Contract. In the
event there are sums legally due to the Manager at the time of such termination they shall be paid
forthwith, but no consequential damage or damages for breach shall be awarded or available to the
Manager.
26. Liens. The Manager shall be responsible for protecting the Arena from any and all liens,
mortgages, security interests or claims for any interest in any property.
27. Counterparts. This Contract may be executed in counterparts, and each set of duly delivered
identical counterparts that includes all signatories shall be deemed to be one original document.
28. Governing Law. This Contract shall be construed and enforced in accordance with the laws
of the State of Michigan applicable to contracts made and to be performed within the State of Michigan.
29. No Third Party Beneficiary. This Contract shall benefit only the parties to this Contract, and
not any third party.
30. Notices. All notices, approvals, consents and other communications required under this
Contract shall be in writing and, except when receipt is required to start the running of a period of time,
shall be deemed given: (i) when delivered in person; (ii) when sent by telephone facsimile or e-mail,
(the sender shall also mail or send a "hard copy" following the facsimile or e-mail, however the notice
shall be effective upon the transmission of the facsimile or e-mail); (iii) one ( 1) day after depositing in
the custody of a nationally-recognized receipted overnight delivery service with delivery fees prepaid;
or, (iv) two (2) days after posting in the United States Mail, first class. Notices shall be sent to the
parties as follows:
ARENA MANAGEMENT GROUP, LLC
Attn: Tony Lisman
955 Fourth Street
Muskegon, Ml 49440
CITY OF MUSKEGON
Attn: City Manager
933 Terrace Street
P.O. Box 536
Muskegon, Ml49443.{)536
31. Binding and Benefit. Although this Operations Management Contract is not assignable, in
the event assignment occurs, and at the option of the City, it shall be binding upon the parties, their
successors, and assigns.
WITNESSES:
ARENA-
Arena Management Group, L.L.C.
c:-~.
By
·---,
~·
• ny usman:liS'f'iesideiil
Dated , 2006
CITY-
City of Muskegon
n, Mayor
~::t=---""':..._,, 2006
AAdl~~~~~~~~~~
Gail A. Kundinger, MMC, Cl
Dated , 2006
I EXHIBIT A
UNLIMITED TAX FULL FAITH AND CREDIT GENERAL OBLIGATION
CONTRACT OF LEASE
MADE AND EXECUTED as of this 1st day of April, 1996, by and
between the MUSKEGON COUNTY BUILDING AUTHORITY, a public
corporation organized and existing under the authority of Act 31,
Public Acts of Michigan, 1948 (First Extra Session), as amended
(the "AUTHORITY") 1 and the COUNTY OF MUSKEGON, a Michigan municipal
corporation organized and existing under the Constitution and laws
of the state of Michigan (the "COUNTY");
WITNESSETH:
WHEREAS, the AUTHORITY has been incorporated under and in
pursuance of the provisions of Act 31, Public Acts of Michigan,
1948 (First Extra Session), as amended (the "Act"), for the purpose
of acquiring, furnishing, equipping, owning, improving, enlarging,
~ leasing, operating and maintaining a building or buildings,
automobile parking lots or structures, recreational facilities,
stadiums and the necessary site or sites therefor, together with
appurtenant properties and facilities necessary or convenient for
the effective use thereof, for use for any legitimate public
purpose of the COUNTY; and
WHEREAS, the COUNTY desires to acquire certain public
improvements, together with necessary and related appurtenances,
all as described in plans therefor and in Exhibit A attached hereto
and made a part hereof (which improvements and related
appurtenances are herein sometimes called the "Project"), and the
" ~I
AUTHORITY is willing to acquire the Project and lease the same to
the COUNTY; and
WHEREAS, the sites upon which said improvements will be made
is described in Exhibit A attached hereto and made a part hereof,
unencumbered fee simple title to which sites, and buildings and
improvements thereon where appropriate (the "Site") will be
acquired by the AUTHORITY pursuant to this Unlimited Tax Full Faith
and Credit General Obligation Contract of Lease (the "Contract");
and
WHEREAS, the acquisition of the Project by the AUTHORITY for
use by the COUNTY is necessary for the public health, safety and
welfare of the COUNTY, and the use of the AUTHORITY to accomplish
such acquisition represents the most practical means to that end at
the lowest cost to the COUNTY; and
WHEREAS, the total cost of the Project is estimated to be in
the sum of Sixteen Million Dollars ( $16, 000, ooo) , which will
ffi
~ include architects' fees, legal and financing costs, and
'>
contingencies; and
WHEREAS, pursuant to the Unlimited Tax Election Act (Act 189
of the Public Acts of 1979) ("Act 189 11 ) , the COUNTY did place on
the ballot for consideration of its electors at an election held
August a, 1995, a general obligation contract proposition which
authorizes the COUNTY to pledge its unlimited tax full faith and
credit to pay the principal of and interest on Building Authority
bonds to be issued by the AUTHORITY for the purposes of the
Project; and
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..
WHEREAS, the COUNTY and the AUTHORITY have determined that
part of the cost of the Project should be paid by the authorization
and issuance of bonds (the "Bonds") by the AUTHORITY in
anticipation of the limited tax full faith and credit general
obligation contractual commitments of the COUNTY under this
Contract, pursuant to the provisions of the Act, in the principal
amount of sixteen Million Dollars ($16,000,000), with the balance
of the cost of the Project, if any (to the extent the net proceeds
derived from the sale of the Bonds are insufficient to pay the
same) , to be paid out of moneys to be made available by the COUNTY
to the AUTHORITY as herein provided; and
WHEREAS, as a prerequisite to the authorization and issuance
of the Bonds, it is necessary for the parties hereto to enter into
this Contract whereby the AUTHORITY will lease the Project and site
to the COUNTY and the COUNTY will lease the same from the AUTHORITY
for a period extending beyond the last maturity date of the Bonds,
but not to exceed a period of fifty (50) years; and
WHEREAS, this Contract has been executed by the COUNTY
pursuant to resolution of the County Board of Commissioners of the
COUNTY adopted on -----------------' 1996.
IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES HERETO,
for and in consideration of the agreement and covenants of each
other and moneys to be paid out to the other, as follows:
1. (a) The COUNTY will, at or prior to delivery of the
Bonds, convey and transfer to the AUTHORITY, by lease or deed, such
rights in the Site described in the preamble hereto as to permit
free and unrestricted use thereof by the AUTHORITY to acquire the
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..
Project. Such conveyance shall be made in a form and manner
approved by the County Attorney of the COUNTY.
(b) The AUTHORITY will enter into a final contract or
contracts calling for the acquisition and construction of the
Project prior to January 1, 199~, and shall proceed to cause the
Project to be acquired and constructed prior to said date in
accordance with plans prepared by the architects, to be submitted
by the AUTHORITY to the COUNTY and approved by the COUNTY, so that
the Project shall be available for the use of the COUNTY on or
before January 1, 199)(.
'f
2. In consideration of the rentals and other terms and
conditions herein specified, the AUTHORITY does hereby let and
lease the Project and the Site to the COUNTY and the COUNTY does
hereby let and lease the Project and the Site from the AUTHORITY,
TO HAVE AND TO HOLD for a term commencing on the date possession of
the same is to be delivered hereunder pursuant to Section 14 hereof
and ending on a day fifty (50,) years from the date hereof, or such
lesser period as may be authorized by the provisions of this
Contract.
3. The COUNTY hereby covenants and agrees to pay to the
AUTHORITY cash rentals for the use of the Project (hereinafter
referred to as "Cash Rental" or "Cash Rentals") in amounts based
upon the AUTHORITY's debt service requirements on the Bonds, as
hereinafter set forth.
The Bonds will be issued with principal maturities on
September 1st of each year as follows:
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.. I'
Year Amount Year Amount
1998 $225,000 2008 $ 850,000
1999 275,000 2009 950,000
2000 325,000 2010 1,050,000
2001 375,000 2011 1,175,000
2002 425,000 2012 1,275,000
2003 475,000 2013 1,400,000
2004 550,000 2014 1,500,000
2005 625,000 2015 1,525,000
2006 700,000 2016 1,525,000
2007 775,000
The COUNTY will pay to the AUTHORITY, commencing on August 1,
1998, and annually thereafter so long as any of the Bonds are
outstanding, Cash Rentals in an amount corresponding to the
principal amount of Bonds maturing on the next succeeding September
1st.
The COUNTY acknowledges also that the Bonds will be issued at
a maximum interest rate of not to exceed the maximum rate permitted
by law, and that so long as Bonds remain outstanding, such interest
will accrue on the outstanding principal balance semiannually.
Therefore, the COUNTY further covenants and agrees to pay to the
AUTHORITY, as a part of Cash Rentals, commencing on March 1, 1997,
and semiannually thereafter so long as Bonds are outstanding, such
additional sums as shall be necessary to pay interest due on the
Bonds prior to the next succeeding cash Rental payment date.
It is understood and agreed by the parties hereto that the
COUNTY's minimum Cash Rental obligation hereunder shall be the
payment of such amounts as shall equal debt service requirements on
the Bonds falling due prior to the next Cash Rental payment date.
However, the COUNTY shall retain the unrestricted right and
privilege to prepay at any time whatever amounts of cash Rentals it
may choose in order to retire fully or partially the Bonds and any
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.. :f
interest then due thereon or in order to provide for such
retirement at a specified future date. The total aggregate
obligation of the COUNTY hereunder for cash Rentals shall at any
given point in time be equal to the sum of the Cash Rentals yet to
be paid to retire principal of the Bonds, plus interest accrued
thereon since the last Cash Rental payment at the rate borne by the
Bonds. The COUNTY warrants and represents that the amount of its
obligations under this Contract, when taken together with other
indebtedness of the COUNTY, will not cause its obligations under
this contract to exceed any constitutional, charter or statutory
debt limitation applicable to the COUNTY.
The AUTHORITY shall, within thirty (30) days after the
delivery of the Bonds, furnish the COUNTY with a complete schedule
of maturities of principal and interest thereon, and the AUTHORITY
shall also, at least thirty (30) days prior to March 1st and
September 1st of each year, advise the COUNTY, in writing, of the
g
~
exact amount of Cash Rental due on the next said date, and the
COUNTY shall pay such amount on the due date.
4. The COUNTY, at its own expense during the term of this
Contract, shall cause to be operated, maintained and kept in repair
the Project and the site, and the total expense in connection
therewith shall be borne and paid by the COUNTY in addition to all
other rentals herein required. Operation and maintenance shall
include any and all costs and expenses of operation and maintenance
and such costs and expenses of repairs and maintenance as are
necessary to keep the Project and the Site in good repair and
working order, and shall include, but not to the exclusion of any
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other items not herein specified, heating, lighting, snow and
debris removal, painting and such other repair and maintenance
items as are necessary to provide for efficient operation of the
Project and the site, and to keep the same in good repair and
working order, as well as proper insurance coverage. Further the
COUNTY shall pay, as part of the operation and maintenance expense,
upon written notification by the AUTHORITY, and within thirty (30)
days after receipt thereof, such amounts as shall be required to
meet all reasonable administrative costs and operating expenses of
the AUTHORITY, including transfer agent fees, Bond registration
fees and any other costs or expenses of the AUTHORITY, incidental
to the issuance and payment of the Bonds or attributable to the
Project or the Site.
5. It is understood and agreed by and between the parties
hereto that the Bonds will be issued by the Authority in
anticipation of the COUNTY's contractual Cash Rental obligation, as
:5
~ stated in Section 3 hereof. The COUNTY, pursuant to authorization
~
of Section Sa of the Act, hereby recognizes and affirms that its
contractual obligations expressed in Sections 3 and 4 hereof are
full faith and credit general obligations of the COUNTY.
The COUNTY expressly and irrevocably pledges its unlimited tax
full faith and credit for the prompt and timely payment of the Cash
Rentals pledged for Bond payments as expressed in Section 3 of this
Contract, and shall each year, commencing with the year 1997,
appropriate from its general funds as a first budget obligation
sufficient moneys to pay such Cash Rentals. Such pledge shall
include, if necessary, the obligation to levy annually, except as
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.. :j
provided below, such ad valorem taxes on all the taxable property
in the COUNTY which, taking into consideration estimated
delinquencies in tax collections, shall be fully sufficient to pay
such Cash Rentals under and pursuant to this Contract. Such levy,
however, pursuant to Act 189 shall be in an amount or at a rate
necessary to pay such Cash Rentals, such levy being for the purpose
of providing funds to meet the contractual obligations of the
COUNTY in anticipation of which the Bonds are issued. Nothing
herein contained shall be construed to prevent the COUNTY from
using any, or any combination, of the means and methods provided in
Section sa of said Act for the purpose of providing funds to meet
its obligations under this Contract, and if at the time of making
any annual tax levy there shall be other funds on hand earmarked
and set aside for the payment of the contractual obligations due
prior to the next tax collection period, then such tax levy may be
reduced by such amount.
6. The COUNTY will include in its budget for the fiscal year
commencing January 1, 1997, and shall include in its budget for
each fiscal year thereafter, an amount sufficient to pay the total
obligations under this Contract coming due in each such fiscal
year. Annually before finalization of its budget for the next
ensuing fiscal year the COUNTY shall prepare and transmit to the
AUTHORITY a statement of the moneys to be included in said budget
for payment of all costs of the Project. The AUTHORITY shall have
the right to communicate directly with the County Board of
Commissioners of the COUNTY regarding any items in said budget
relative to the Project which might be disputed, and, in any event,
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the budget shall be reasonably adequate to cover all obligations of
the COUNTY herein contained in this Contract.
7. The COUNTY may at any time pay in advance any of the
obligations required to be paid by this Contract, in which event
the AUTHORITY shall credit the COUNTY with advance payment on
future-due payments to the extent of such advance payment. The
COUNTY may also specify by written request that any cash Rentals
paid in advance of the requirements set out in Section 3 hereof be
used to purchase Bonds for redemption prior to maturity, either
currently or at some future date, to the extent the provision for
prior redemption is made in the Bonds, in which event the AUTHORITY
shall be obligated to apply and use said advance payments for such
purpose to the fullest extent possible.
8. The COUNTY may install in the Project or Site such
equipment or fixtures as it may desire, but shall not make any
permanent alterations to the Project without the written consent of
the AUTHORITY.
9. The COUNTY covenants and agrees that it will not permit
the use of the Project or the Site in any manner that will result
in a violation of local, state or federal laws, rules or
regulations now or hereafter in force and applicable thereto and
shall keep the AUTHORITY and the members of its Commission harmless
and indemnified at all times against any loss, damage or expenses
by any accident, loss, casualty or damage resulting to any person
or property through any use, misuse, or nonuse of the Project and
Site, or by reason of an act or thing done or not done on, in or
about the Project or Site or in relation thereto. The COUNTY
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...t
further covenants and agrees that it will promptly, and at its own
expense, make and pay for any and all changes and alterations in or
about the Project and the Site which during the term of this
Contract may be required to be made at any time by reason of local,
state or federal laws and to save the AUTHORITY harmless and free
from all costs or damage in respect thereto.
10. To carry out the acquisition and construction of the
Project and the financing thereof in accordance with the provisions
of said Act, the following actions shall be taken by the AUTHORITY:
(a) The AUTHORITY will immediately upon the execution of
this Contract enact the necessary resolution or ordinance to
u
~ authorize the issuance of the Bonds in anticipation of the
cash Rentals to be paid by the COUNTY hereunder. The
AUTHORITY will offer for sale and take such other necessary
legal procedures as may be necessary to sell the Bonds as soon
as ( i) this Contract becomes effective and ( ii) all other
steps required to be taken prior to sale of the Bonds have
been accomplished.
(b) The AUTHORITY will promptly enter into and execute
contracts for the acquisition of the Project in accordance
with the plans and specifications therefor prepared and
approved by the AUTHORITY and the COUNTY. No changes in said
plans and specifications shall be made by the AUTHORITY
without the consent of the COUNTY. Said contracts shall
specify a completion date of not later than January 1, 199~~
The AUTHORITY shall not execute any contract in connection
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Jl·
with the acquisition of the Project until the same has been
approved by the county Board of Commissioners of the COUNTY.
(c) The AUTHORITY will require and secure· from any
contractor undertaking any work to be performed on the said
Project necessary and proper bonds to guarantee the
performance of said contract and labor and material bonds in
such amounts and in such forms as may be approved by the
county Attorney of the COUNTY.
(d) The AUTHORITY will immediately upon receipt of the
proceeds of sale of the Bonds comply with all requirements
provided for in the ordinance or resolution relative to the
disposition and use of such proceeds.
(e) The AUTHORITY may invest any bond proceeds or other
funds held by it as permitted by law and investment income
shall accrue to and follow the fund producing such income.
However, the AUTHORITY shall not invest, reinvest, or
accumulate any moneys deemed to be proceeds of the Bonds
pursuant to Section 103 of the Internal Revenue Code of 1986,
as amended, and the applicable regulations thereunder, in such
a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of said Section 103 of the applicable regulations
thereunder.
11. The COUNTY covenants that it shall not invest, reinvest
or accumulate any moneys deemed to be proceeds of the bonds
pursuant to Section 103 of the Internal Revenue Code of 1986 and
the applicable regulations thereunder in such a manner as to cause
the bonds to be "arbitrage bonds" within the meaning of said
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.. ,
Section 103 of the applicable regulations thereunder or to
otherwise take or fail to take any act which would cause the bonds
to be subject to federal income taxes.
12. In the event that it should be determined that for any
reason there are not sufficient funds to complete the acquisition
of the Project, or if repair, replacement or alteration of the
Project should be required to make the Project useable for its
originally intended purpose, and additional funds become necessary
therefor, it is agreed by the parties hereto that this Contract may
be supplemented or amended to provide for the issuance of
additional bonds by the AUTHORITY to provide sufficient funds to
complete, repair, replace or alter the Project and also to increase
the Cash Rental by an amount fully sufficient to pay all principal
of and interest on the Bonds herein referred to and such additional
bonds when due.
In the event such determination of insufficient funds should
be made after the letting of contracts for construction of the
Project, but before completion thereof, the AUTHORITY shall be
authorized, on its own motion, to issue such additional bonds as
may be necessary to provide sufficient funds to complete the
Project or to make necessary repairs, replacements or alterations
therein, and the cash Rental to be paid by the COUNTY shall
automatically be increased by an amount fully sufficient to pay all
principal of and interest on the Bonds herein referred to and such
additional bonds when due. In the event any additional bonds are
issued, the duties and obligations of the AUTHORITY and the COUNTY
as expressed and set forth in this Contract shall be applicable to
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such additional bonds as well as the Bonds herein referred to, it
being at all times fully recognized and agreed that the Cash
Rentals to be paid by the COUNTY, as specified in Section 3 of this
Contract, shall be based upon the total amount of bonds issued to
pay the costs of the Project. Any such additional bonds shall
mature serially on September 1st and the Cash Rentals coming due on
March 1 and September 1, as shown in Section 3, shall be increased
by the principal amount of such additional bonds maturing on said
September 1st, plus the additional interest payable thereon on
September 1 and March 1. All of the provisions of this Contract
shall be applicable to said increased amounts. Immediately upon
the issuance of such additional bonds, the AUTHORITY shall furnish
and supply the COUNTY documentation specifying the new schedule of
Bond payments and Cash Rentals, increased as herein authorized,
which shall be substituted and take the place of the schedules
herein specified. In the event additional bonds are issued, all
references herein to the Bonds shall be deemed to include such
additional bonds.
In lieu of the issuance of additional bonds, the AUTHORITY and
the COUNTY may enter into any other mutually agreeable arrangement
to meet increased costs or bring such costs within the amount of
funds available for construction of the Project.
13. In the event, by reason of favorable construction bids
received, or for any other reason, it is not necessary to issue the
Bonds in the full amount presently anticipated, the AUTHORITY shall
be authorized, after consultation with the COUNTY, to reduce the
amount of Bonds to such lesser principal amount as may be necessary
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to pay the cost of the Project and also to reduce the cash Rental
of the COUNTY so that the payments shall be sufficient to pay all
principal of and interest on the Bonds. All the provisions of this
Contract shall be applicable to said reduced amounts the same as
though such Bonds and Cash Rentals were originally in said reduced
amounts. In such event, the AUTHORITY shall furnish and supply to
the COUNTY documentation specifying the new schedule of Bond
Payments and Cash Rentals, reduced as herein authorized, which
shall be substituted and take the place of the schedules herein
specified.
14. After completion of the Project and payment of all costs
thereof, any unexpended balance remaining from the proceeds of sale
of Bonds and the amounts to be paid by the COUNTY to the AUTHORITY
pursuant to Section 1 above, shall be used by the AUTHORITY, upon
request made by resolution of the County Board of Commissioners of
the COUNTY and with the approval of the Michigan Department of
Treasury (or any successor agency thereto, if any), to the extent
required by law, for improvements or enlargement of the Project or
for any other projects of the AUTHORITY leased to the COUNTY. Any
balance remaining after such use shall be applied to debt service
requirements and shall reduce the next due Cash Rentals to the
extent of such application.
15. The AUTHORITY shall deliver possession of the Project and
the Site to the COUNTY simultaneously with conveyance thereof by
the COUNTY to the AUTHORITY, as provided in Section 1(a) hereof.
The Project shall be completed not later than January 1, 1998, but
in the event that for any reason whatsoever the Project is not
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completed by that date, the obligation of the COUNTY for the
payment of the Cash Rentals and other costs of the Project and the
performance of its other commitments under this Contract shall in
any event remain in full force and effect in order to provide for
the payment of principal of and interest on the Bonds and other
costs in connection therewith.
16. The COUNTY shall provide (a) liability insurance to the
extent necessary to protect the AUTHORITY and the COUNTY against
loss on account of damage or injury to persons or property imposed
by reason of the ownership of the Project and the Site or resulting
from any act of omission or commission on the part of the AUTHORITY
or the COUNTY, their agents, officers and employees, in connection
with the operation, maintenance or repair of said Project and the
site or the furnishing of any service to the COUNTY; (b) casualty
insurance against such risks and in such amounts as are usually
carried on projects of similar size and nature; and (c) funds to
pay the premium on a sufficient fidelity bond from any person
handling the funds of the AUTHORITY.
17. Any funds received by the AUTHORITY or the COUNTY from
any insurance policies, or otherwise, because of casualty or damage
to the Project or the Site shall be used promptly to restore the
Project to a condition satisfactory to the COUNTY. If such funds
are not sufficient to so restore the Project or the site, the
COUNTY may provide sufficient additional funds therefor in such
amounts as the COUNTY and the AUTHORITY may agree upon, or the
COUNTY and the AUTHORITY may agree to issue additional bonds for
such restoration, in which event the provisions of Section 12
-15-
hereof with respect to additional bonds and increased Cash Rentals
shall apply. If in the judgment of the AUTHORITY, concurred in by
the COUNTY, the funds received from any insurance policies, or
otherwise, by the AUTHORITY or the COUNTY shall be insufficient to
restore the Project to a condition satisfactory to the COUNTY and
if additional COUNTY funds are not made available or additional
bonds are not authorized to make proper restoration, then, in that
case, the AUTHORITY shall hold and/or invest the funds paid to it
by reason of such loss for the benefit of the holders of the Bonds,
and when upon receipt of sufficient Cash Rentals from the COUNTY
which, together with the proceeds of the insurance and other
available funds, will be sufficient to pay the principal and
interest on the Bonds, said moneys shall be deposited by the
AUTHORITY, in trust, for the benefit of the bondholders and used to
pay the principal and interest on said Bonds as they mature.
18. The leasehold rights, duties and obligations of the
COUNTY as specified in this Contract shall not be assigned nor
sublet, in whole or in part, during the term of this Contract or
while any of the Bonds are outstanding and unpaid, except to the
extent that such assignment or sublease benefits and serves a
legitimate public purpose of the COUNTY, in which event the COUNTY
shall be authorized to assign this contract or sublet the Project,
the site, or any part thereof, but only to the extent and in the
manner that the COUNTY could assign or sublet if it were the owner
of the Project and the Site. In no event shall any assignment or
subletting relieve the COUNTY of its primary obligations to pay the
Cash Rentals and operation and maintenance costs of the Project and
-16-
the Site hereunder or perform any of its other obligations
hereunder.
19. The COUNTY shall have, and is hereby granted, the right
to require the AUTHORITY to release from the terms and restrictions
hereof any part of the Site, or any interest therein, at any time
and from time to time while the COUNTY is not in default hereunder,
without cost to the COUNTY, provided that the COUNTY furnishes the
AUTHORITY with:
(a) A notice, in writing, containing an adequate legal
description of that portion of the Site with respect to which
such right is to be exercised, together with a survey thereof;
and
(b) A certificate signed by an engineer or architect
stating (i) that no part of the improvements constituting the
Project (other than sewer, water, gas, electric and
communication lines and other utilities, and the like, which
ffi
~ shall be specified in such certificate) is located on the
~
portion of the Site with respect to which such right is
exercised, and (ii) that the severance of such portion of the
Site will not impair the operating utility or materially alter
the character of the Project or the balance of the site.
From and after the consummation of any release effected by the
COUNTY pursuant to the provisions of this Section, any reference
herein to the Site shall be deemed to refer to the real property
described herein, and the buildings and improvements thereon, less
and except any portion or interest therein released to the COUNTY
under this Section and any part theretofore released to the COUNTY
-17-
under this Section. No release effected by the COUNTY under the
provisions of this Section shall entitle the COUNTY to any
abatement or diminution of the cash Rentals or other obligations
payable hereunder.
20. The AUTHORITY, its agents, servants or employees shall
have the right at all times of entering upon the Project and the
Site for the purpose of acquiring, constructing and inspecting the
same pursuant to its commitments hereunder and determine whether
all of the terms, agreements, covenants and conditions herein
contained are being complied with.
21. The COUNTY covenants and agrees that it will continue to
u
~ pay to the AUTHORITY, in accordance with the terms of this
Contract, the Cash Rentals and the operation and maintenance costs
of the Project and the site at the times and in the manner herein
established without reduction or abatement for any cause or reason
whatsoever, including, but not limited to, casualty which results
in the Project or the Site being untenantable or the failure to
have the Project restored under Section 17 hereof, and without
right of setoff or recoupment, until the principal of and interest
on all Bonds are paid in full or adequate funds are available and
held in trust for the benefit of the holders of the Bonds for that
purpose.
22. The COUNTY covenants and agrees that if before the Bonds
have been retired default shall at any time be made by the COUNTY
in payments of Cash Rentals or operation and maintenance costs as
herein required or in the performance of any of its obligations
hereunder, the AUTHORITY shall have the right to use all the
-18-
remedies provided by law to correct said default, including those
specifically set forth in the Act and the ordinance or resolution
to be enacted by the AUTHORITY providing for the issuance of the
Bonds. In the event of any such default, the holder or holders of
the Bonds may, to the extent permitted by law, exercise and enforce
the rights of the AUTHORITY hereunder.
23. The AUTHORITY and the COUNTY each recognize that the
Bonds are to be issued in anticipation of the Cash Rentals to be
paid by the COUNTY hereunder and that the holders from time to time
of the Bonds will have contractual rights in this Contract, and it
is, therefore, covenanted and agreed by each of them that so long
u
~ as any of the Bonds shall remain outstanding and unpaid the
provisions of this Contract shall not be subject to any alteration
or revision which would in any manner unfavorably affect either the
security of the Bonds or the prompt payment of principal or
interest thereon. The AUTHORITY and the COUNTY further covenant
and agree that they will each comply with their respective duties
and obligations under the terms of this contract promptly at the
times and in the manner herein set forth and will not suffer to be
done any act which would in any way impair the said Bonds, the
security therefor, or the prompt payment of principal and interest
thereon. The COUNTY may, in writing, waive strict compliance by
the AUTHORITY with the dates set out herein for the entering into
of final construction contracts and for completion of the Project,
and such dates may be altered upon mutual agreement by the parties
hereto.
-19-
24. Any notice necessary or proper to be given to any of the
parties hereto may be served in the following manner:
(a) If to the AUTHORITY, by delivering the same to any
member of the Commission thereof;
(b) If to the COUNTY, by delivering the same to the
County Clerk or the County Clerk's deputy.
25. This Contract shall terminate on the payment in full of
all principal and interest on all the Bonds. When the Bonds have
been retired and the contract terminated, the AUTHORITY shall
convey the Project and the Site to the COUNTY, without
consideration, by quit claim deed and appropriate bills of sale in
such form and manner as may be approved by the County Attorney of
the COUNTY. Upon termination of this Contract in the manner set
forth above, the AUTHORITY shall promptly pay over to the COUNTY
any and all funds held by it pertaining to the aforesaid Bonds or
in any other manner relating to the Project.
~ 26. The AUTHORITY covenants that the COUNTY upon compliance
"
with the terms of this Contract, shall and may peacefully and
quietly have and hold and enjoy the Project and the Site for the
term herein provided.
27. Nothing herein contained shall in any way be construed to
prevent additional financing under the provisions of the Act, or
any other law, for any of the purposes set out in the Articles of
Incorporation of the AUTHORITY.
28. This Contract shall inure to the benefit of and be
binding upon the respective parties hereto, their successors and
assigns.
-20-
IN WITNESS WHEREOF, the MUSKEGON COUNTY BUILDING AUTHORITY, by
its Commission, and the COUNTY OF MUSKEGON, Michigan, by its County
Board of Commissioners, have each caused its name to be signed to
this instrument by its duly authorized officers and its seal to be
affixed hereto the day and year first above written.
In the presence of:
::'~{ '-'
Gail A. Kundinger, MMC, Cle
C:\WINDOWS\TEMP\TWP BILLING AGR 042204.DOC
Date: March 7, 2006
To: Honorable Mayor and City Commissioners
From: Water Filtration Plant
RE: Variable Frequency Drive repairs resulting from
power surge
SUMMARY OF REQUEST:
Authorize repairs to three variable frequency drives (VFD's) damaged by a power
surge. The VFD's control two low service pumps and one recycle pump.
FINANCIAL IMPACT:
The repair cost by the manufacturer, Cutler-Hammer, is $86,433.00.
BUDGET ACTION REQUIRED:
The repair cost will require a budget adjustment.
STAFF RECOMMENDATION:
Staff recommends proceeding with the repairs to the variable frequency drives at a
cost of $86,000.00.
February 23, 2006
WIN DEM U LLER
1176 ELECTRIC AVENUE- P.O.BOX 466
WAYLAND, Ml 49348,0466
PHONE: 616.877.8770
FAx: 616.877.8700
WINDEMULLER.US
Bob Veneklasen
City of Muskegon Water Filtration Plant
1900 Beach Street
Muskegon, MI49441
PROJECT: Muskegon WFP
SUBJECT: Damaged-VFD-Repairs
Dear Bob:
Following is a price and scope of work for repairs on damaged Cutler Hammer VFD's at Muskegon
Water Filtration Plant, due to the power outage that occurred on September 28, 2005.
The scope of work is as listed below:
I. Repair drive item #I, Blower Motor #I, serial #12765013
2. Install (2) rectifiers found to have no fault
3. Repair and install (I) rectifier
4. Repair drive item #3, Low Service Pump LSP-1, serial #12764976
5. Repair drive item #3, Low Service Pump LSP-3, serial #12764983
6. Repair drive item #5, Recycle Pump #I, serial #12764983
7. Repair drive item #6, Aux Building Low Service Pump LSP-7, serial #12764973
8. JJS-250 fuse, quantity of (9)
9. Cutler Hammer services to repair, install, and startup repaired equipment
I 0. Labor for Windemuller Electric electrician for startup aid to Cutler Hammer
Your price for above: $86,433.00
Lead time for drive repair is 3-4 weeks after pmts are received. Rectifiers that had "no fault" can be
shipped immediately.
Cutler Hammer is requesting that a purchase order be issued within the week so work can be
completed by the first of April.
Please let me know if you have any questions.
Sincerely,
Mark Dowden
Project Manager
50 YEARS OF SERVICE
ELECTRICAL- AUTOMATION- COMMUNICATIONS- OUTDOOR UTILITIES
Date: March 14, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Amend the Special Assessment Roll for
2004 Sidewalk Replacement Program
SUMMARY OF REQUEST:
Amend the 2004 Special Assessment Roll for the 2004 Sidewalk Program (H-1572) project to
revise the assessment amount levied against 1421 Wesley (parcel No. 24-611-000-0226-00) from
$3,079.43 to $379.4.
The original roll which was adopted 8/24/04 reflected an assessment of$3,079.43 against 1421
Wesley in error. When the original assessment information was generated, a square footage of
750 of sidewalk replacement was entered by mistake instead of the 75.00 square feet that was
actually replaced.
FINANCIAL IMPACT:
Reimburses the owner the overage in payment and interest which is estimated at less than
$100.00.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the amended special assessment roll and reimbursement to the owner of 1421
Wesley.
COMMITTEE RECOMMENDATION:
- - ---- ------ ------- ------ - - - ---- - --------
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0606-00 429.0 ABBEY ST DAWKINS DENICE 429ABBEY ST MUSKEGON Ml 49442 $101.08
24-612-000-0612-00 487.0 ABBEY ST SMITH WILLIE G 487 ABBEY ST MUSKEGON Ml 49442 $209.74
24-612-000-0613-00 495.0 ABBEY ST ALSTON BABYLOU 495ABBEY ST MUSKEGON Ml 49442 $252.70
24-612-000-0614-00 505.0 ABBEY ST WATTS SANDRAIWA PO BOX 1670 MUSKEGON Ml 49443-1 $697.44
24-612-000-0592-00 514.0 ABBEY ST WAWRZYNIAK EMILY 514 ABBEY ST MUSKEGON Ml 49442 $126.35
24-612-000-0615-00 515.0 ABBEY ST MCALLISTER KEITH 515ABBEY ST MUSKEGON Ml 49442 $707.55
24-613-000-0778-00 1182.0 ADAMS AVE BURNS STANLEY C PO BOX4454 MUSKEGON H Ml 49444 $252.70
24-613-000-0782-00 1252.0 ADAMS AVE BROWN ANNIE 1252 ADAMS AVE MUSKEGON Ml 49442 $2,550.96
24-613-000-0785-00 1276.0 ADAMS AVE MCWHINNIE TODD 1276 ADAMS AVE MUSKEGON Ml 49442 $193.82
24-613-000-0850-00 1300.0 ADAMS AVE WALKER BILLY C JR 1300 ADAMS ST MUSKEGON Ml 49442 $151.62
24-613-000-0844-00 1355.0 ADAMS AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $631.74
24-181-000-0013-00 1463.0 ADAMS AVE IRBY RAYMOND 1463 ADAMS AVE MUSKEGON Ml 49442 $2,630.56
24-612-000-0542-00 1060.0 ALBERT AVE BUCKNER ROBERT J 1060 ALBERT AVE MUSKEGON Ml 49442 $694.91
24-612-000-0544-00 1064.0 ALBERT AVE TAYLOR RONNIE JRI 1064 ALBERT AVE MUSKEGON Ml 49442 $442.22
24-612-000-0549-00 1075.0 ALBERT AVE THE PROVIDENT BA 1 E 4TH ST CINCINNATI OH 45202 $126.35
24-612-000-0545-00 1078.0 ALBERT AVE HARRIS YOLANDA M 1041 ALBERT AVE MUSKEGON Ml 49442 $832.18
24-611-000-0301-00 1227.0 ALBERT AVE HANDCOCK FLOIS 1227 ALBERT AVE MUSKEGON Ml 49442 $126.35
24-611-000-0294-00 1321.0 ALBERT AVE WESTPHAL ARNOLD/ 1321 ALBERT AVE MUSKEGON Ml 49442 $252.70
3/1/2006 8:37AM
Page 1 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-611-000-0315-00 1338.0 ALBERT AVE MUSKEGON COUNTY 280 OTTAWA ST MUSKEGON Ml 49442 $126.35
24-611-000-0288-00 1387.0 ALBERT AVE MAY JACKIE L 1387 ALBERT AVE MUSKEGON Ml 49442 $320.16
24-611-000-0287-00 1411.0 ALBERT AVE PETTY KELLY/ESSIE 11146 S SANGAMON CHICAGO IL 60643 $1,566.52
24-611-000-0323-00 1424.0 ALBERT AVE UNITED STATES OF 5312 BOLSA AVE STE HUNTINGTON CA 92649 $1,184.18
24-611-000-0283-00 1461.0 ALBERT AVE LABARGE EDWARD J 1461 ALBERT AVE MUSKEGON Ml 49442 $202.16
24-611-000-0326-00 1462.0 ALBERT AVE GOODWIN OBIE M 1462 ALBERT AVE MUSKEGON Ml 49442 $1,210.73
24-611-000-0282-00 1471.0 ALBERT AVE MILLER KATHERINE 1471 ALBERT AVE MUSKEGON Ml 49442 $429.58
24-611-000-0281-00 1481.0 ALBERT AVE VELAZQUEZ BARBAR 1481 ALBERT AVE MUSKEGON Ml 49442 $277.96
24-611-000-0281-10 1491.0 ALBERT AVE WALLACE TRACY L 1491 ALBERT AVE MUSKEGON Ml 49442 $873.06
24-611-000-0330-00 1492.0 ALBERT AVE BLACK BILLY D 1492 ALBERT AVE MUSKEGON Ml 49442 $126.35
24-611-000-0279-00 1511.0 ALBERT AVE FAUER GERALD A/TE 1511 ALBERT AVE MUSKEGON Ml 49442 $1,054.54
24-611-000-0332-00 1516.0 ALBERT AVE MOODY THOMAS S 1516 ALBERT AVE MUSKEGON Ml 49442 $80.10
24-611-000-0334-00 1536.0 ALBERT AVE WILLIAMS SYL VESTE 1536 ALBERT AVE MUSKEGON Ml 49442 $1,742.63
24-611-000-0276-00 1537.0 ALBERT AVE NICHOLS BETHANY 1537 ALBERT AVE MUSKEGON Ml 49442 $509.69
24-611-000-0335-00 1556.0 ALBERT AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $379.04
24-613-000-0708-00 270.0 BENNETT ST WOODWARD CLARE 270 BENNETT ST MUSKEGON Ml 49442 $310.81
24-613-000-0713-00 334.0 BENNETT ST HALL BARRY 334 BENNETT ST MUSKEGON Ml 49442 $385.36
24-613-000-0715-00 346.0 BENNETT ST TAYLOR WILFORD L 346 BENNETT ST MUSKEGON Ml 49442 $259.01
3/1/2006 8:37AM
Page 2 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0546-00 539.0 BENNETT ST DENNIE VELMA D/PE 539 BENNETT ST MUSKEGON Ml 49442 $1,865.81
24-613-000-0886-00 216.0 CRESTON ST DOCKERY CYNTHIA 216 CRESTON ST MUSKEGON Ml 49442 $126.35
24-613-000-0857-00 287.0 CRESTON ST DAVIS TERRI D 16231 HARDEN CIR SOUTHFIELD Ml 48075 $1,164.92
24-611-000-0469-00 411.0 CRESTON ST WILLIAMS JESSIE 411 CRESTON ST MUSKEGON Ml 49442 $924.66
24-611-000-0441-00 431.0 CRESTON ST SCOTT TAM IAA 431 CRESTON ST MUSKEGON Ml 49442 $1,645.04
24-611-000-0382-00 480.0 CRESTON ST ASHLEY NANCY 480 CRESTON ST MUSKEGON Ml 49442 $1,601.69
24-611-000-0350-00 519.0 CRESTON ST AIKENS SUNDRA/LO 519 CRESTON ST MUSKEGON Ml 49442 $379.04
24-611-000-0348-00 520.0 CRESTON ST JOHNSON ERIC A 11340 FITZGERALD A GRANT Ml 49327 $1,100.18
24-611-000-0322-00 528.0 CRESTON ST MORTGAGE ELECTR 8120 NATIONS WAY B JACKSONVILLEFL 32256 $1,225.11
24-611-000-0319-00 529.0 CRESTON ST MOORE JESSIE JR 529 CRESTON ST MUSKEGON Ml 49442 $1,216.71
24-611-000-0321-00 540.0 CRESTON ST HALL WILLARD/CON 540 CRESTON ST MUSKEGON Ml 49442 $126.35
24-611-000-0263-00 576.0 CRESTON ST POWERS DAVID J 576 CRESTON ST MUSKEGON Ml 49442 $1,520.08
24-613-000-0 729-1 0 293.0 DRATZ ST ROBINSON DAVID/PA 293 DRATZ ST MUSKEGON Ml 49442 $257.75
24-613-000-0763-00 332.0 DRATZ ST STATE OF MICHIGAN 430 W ALLEGAN FIRS LANSING Ml 48922 $379.04
24-613-000-0725-00 353.0 DRATZ ST HALL MARSHA F 353 DRATZST MUSKEGON Ml 49442 $138.98
24-613-000-0764-00 354.0 DRATZ ST KUNNEN TERRY A JR 354 DRATZ ST MUSKEGON Ml 49442 $379.04
24-612-000-0503-00 1030.0 DUCEY AVE MUSKEGON COUNTY 280 OTTAWA ST MUSKEGON Ml 49442 $113.71
24-612-000-0504-00 1046.0 DUCEY AVE RAMIREZ STEPHEN PO BOX503 MUSKEGON Ml 49443 $860.34
3/1/2006 8:37AM
Page 3 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0513-00 1063.0 DUCEY AVE STARR ERMA GORD 1063 DUCEY AVE MUSKEGON Ml 49442 $505.39
24-612-000-0507-00 1068.0 DUCEY AVE PARKER ROBERT 1496 HARVEY ST MUSKEGON Ml 49442 $240.06
24-612-000-0511-00 1077.0 DUCEY AVE DOWDY JASON 1077 DUCEY AVE MUSKEGON Ml 49442 $240.06
24-612-000-0508-00 1090.0 DUCEY AVE BOUKAMP MARIAN P 1090 DUCEY AVE MUSKEGON Ml 49442 $381.57
24-611-000-0422-00 1209.0 DUCEY AVE KETCHUM SARAH J 1209 DUCEY AVE MUSKEGON Ml 49442 $888.84
24-611-000-0368-00 1239.0 DUCEY AVE PICKETT MARK A 2411 DUFF RD TWIN LAKE Ml 49457 $988.14
24-611-000-0418-00 1271.0 DUCEY AVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $240.06
24-611-000-0416-00 1305.0 DUCEY AVE KNOX RONALD W 1305 DUCEY AVE MUSKEGON Ml 49442 $121.29
24-611-000-0414-00 1323.0 DUCEY AVE WALLACE REBECCA 1323 DUCEY AVE MUSKEGON Ml 49442 $108.66
24-611-000-0435-00 1328.0 DUCEY AVE BURNETT ROBERT L 1328 DUCEY AVE MUSKEGON Ml 49442 $477.59
24-611-000-0436-00 1340.0 DUCEY AVE FONDREN DEDRICK/ 1340 DUCEY AVE MUSKEGON Ml 49442 $1,119.72
24-611-000-0413-00 1341.0 DUCEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $128.87
24-611-000-0412-00 1349.0 DUCEY AVE OUDEMOLEN ROBER 1349 DUCEY AVE MUSKEGON Ml 49442 $1,239.16
24-611-000-0411-00 1359.0 DUCEY AVE PETERSON SONIA R 1359 DUCEY AVE MUSKEGON Ml 49442 $107.40
24-611-000-0438-00 1360.0 DUCEY AVE HULBERT DALE 1360 DUCEY AVE MUSKEGON Ml 49442 $118.77
24-611-000-0440-00 1372.0 DUCEY AVE SHAFFER MINDI 1372 DUCEY AVE MUSKEGON Ml 49442 $394.20
24-611-000-0443-00 1418.0 DUCEY AVE TUCKER ELIZABETH 1418 DUCEY AVE MUSKEGON Ml 49442 $827.58
24-611-000-0455-00 1556.0 DUCEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $113.71
3/1/2006 8:37AM
Page 4 of 13
H-1572 HEARING DATE MARCH 14,2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0625-00 858.0 DUCEY AVE BUFORD ROLANDA 858 DUCEY AVE MUSKEGON Ml 49442 $228.69
24-612-000-0624-00 868.0 DUCEY AVE LANE AVIS 868 DUCEY AVE MUSKEGON Ml 49442 $271.65
24-612-000-0609-00 878.0 DUCEY AVE METCALF GLEN E/LI 878 DUCEY AVE MUSKEGON Ml 49442 $248.90
24-612-000-0610-00 893.0 DUCEY AVE ENSTAM DEREK E 893 DUCEY AVE MUSKEGON Ml 49442 $151.62
24-610-000-0155-00 1244.0 DUDLEY AVE CLARKE DEREK 1244 DUDLEY AVE MUSKEGON Ml 49442 $132.66
24-610-000-0147-00 1275,0 DUDLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $803.57
24-610-000-0162-00 1326.0 DUDLEY AVE BUTLER PAULA F/TY 1326 DUDLEY AVE MUSKEGON Ml 49442 $830.10
24-610-000-0163-00 1338.0 DUDLEY AVE BUTLER TYREE JR/P 1326 DUDLEY AVE MUSKEGON Ml 49442 $397.99
24-610-000-0165-00 1360.0 DUDLEY AVE PITTMAN GREGORY/ 3425 LAKE DUNES DR MUSKEGON Ml 49441 $136.46
24-610-000-0137-00 1367.0 DUDLEY AVE BUIE WILLIE JR/KARE 1367 DUDLEY AVE MUSKEGON Ml 49442 $696.17
24-610-000-0168-00 1386.0 DUDLEY AVE HALL TED/LORI 1386 DUDLEY AVE MUSKEGON Ml 49442 $588.78
24-610-000-0135-00 1389.0 DUDLEY AVE BOXER DAVID/DENIS 1389 DUDLEY AVE MUSKEGON Ml 49442-0 $646.90
24-610-000-0014-00 1418.0 DUDLEY AVE WILLIS CYNTHIA R 1418 DUDLEY AVE MUSKEGON Ml 49442 $516.76
24-610-000-0030-00 1461.0 DUDLEY AVE GILLILAND COLMAN 1461 DUDLEY AVE MUSKEGON Ml 49442 $1,459.31
24-610-000-0019-10 1496.0 DUDLEY AVE RITSEMA KERR/LET 1496 DUDLEY AVE MUSKEGON Ml 49442 $122.56
24-610-000-0027-00 1517.0 DUDLEY AVE RODRIGUEZ BETTY/ 1517 DUDLEY AVE MUSKEGON Ml 49441 $1,225.57
24-610-000-0020-00 1518.0 DUDLEY AVE GAUSE SANDRA K 1518 DUDLEY AVE MUSKEGON Ml 49442 $133.93
24-610-000-0022-00 1532.0 DUDLEY AVE GATES RONALD G 3364 ROOSEVELT RD MUSKEGON Ml 49441 $277.96
3/1/2006 8:37AM
Page 5 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0648-00 526.0 GETTY ST SUTTON MAMIE L 526 S GETTY ST MUSKEGON Ml 49442 $120.03
24-612-000-0647-00 538.0 GETTY ST 2005 C!W 24-612-000- 548 S GETTY ST MUSKEGON Ml 49442 $305.76
24-612-000-0645-00 556.0 GETTY ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $126.35
24-612-000-0643-00 572.0 GETTY ST BETHESDA BAPTIST PO BOX 665 MUSKEGON Ml 49443-0 $795.99
24-122-100-0007-00 570.0 HARVEY ST MERCY SERV FOR A 34605 TWELVE MILE FARMINGTON Ml 48331-3 $3,969.84
24-610-000-0096-00 1461.0 HILLCREST DR HOMECOMINGS FINA 3476 STATE VIEW BL FORT MILL sc 29715-7 $777.04
24-612-000-0521-00 1018.0 JAMES AVE HOLMES JEFFREY A 1018 JAMES AVE MUSKEGON Ml 49442 $583.73
24-612-000-0531-00 1065.0 JAMES AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $512.97
24-611-000-0363-00 1223.0 JAMES AVE WHITE DONALD JR 1223 JAMES AVE MUSKEGON Ml 49442 $126.35
24-611-000-0305-1 0 1237.0 JAMES AVE BUNNELL TIMOTHY J 1237 JAMES AVE MUSKEGON Ml 49442 $372.73
24-611-000-0369-00 1256.0 JAMES AVE DYE JAMES 1256 JAMES AVE MUSKEGON Ml 49442 $391.68
24-611-000-0309-00 1269.0 JAMES AVE SILVA MARIA/SANCH 1269 JAMES AVE MUSKEGON Ml 49442 $1,187.32
24-611-000-0355-00 1329.0 JAMES AVE DECHENEY FRED/ME 1329 JAMES AVE MUSKEGON Ml 49442 $252.70
24-611-000-0380-00 1390.0 JAMES AVE CLARK CHARLES/RU 1390 JAMES AVE MUSKEGON Ml 49442 $126.35
24-611-000-0381-00 1392.0 JAMES AVE MALECKI JOHN D 1392 JAMES AVE MUSKEGON Ml 49442 $126.35
24-611-000-0384-00 1436.0 JAMES AVE MURDAUGH ANNA/MI 4556 KNIGHTS CROS GRAND PRAIRI TX 75052 $252.70
24-611-000-0387-00 1466.0 JAMES AVE SIMS MCKINLEY 1466 JAMES AVE MUSKEGON Ml 49442 $1,682.80
24-611-000-0388-00 1476.0 JAMES AVE WARDLEDORA 1476 JAMES AVE MUSKEGON Ml 49442 $1,054.54
3/1/2006 8:37AM
Page 6 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-611-000-0341-10 1487.0 JAMES AVE PRINGLE CRYSTAL 1487 JAMES AVE MUSKEGON Ml 49442 $126.35
24-611-000-0339-00 1511.0 JAMES AVE PETTEWAY PATRICIA 1511 JAMES AVE MUSKEGON Ml 49442 $934.62
24-611-000-0337-00 1525.0 JAMES AVE VANDERHOEVENJU 1525 JAMES AVE MUSKEGON Ml 49442 $1,124.94
24-611-000-0336-00 1549.0 JAMES AVE ROBERTSON CYNTH I 5430 CERRO SUR EL SOBRANTE CA 94803 $1,424.85
24-611-000-0451-00 441.0 KRAFT ST HICKERSON WILLIAM 441 KRAFT ST MUSKEGON Ml 49442 $252.70
24-611-000-0391-00 482.0 KRAFT ST JDR PROPERTIES LL PO BOX 145 FRUITPORT Ml 49415 $2,545.84
24-610-000-0120-00 1210.0 LAWRENCE AVE OAKES KEISHA 1210 LAWRENCE AVE MUSKEGON Ml 49442 $128.87
24-610-000-0121-00 1228.0 LAWRENCE AVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $3,381.20
24-610-000-0123-00 1250.0 LAWRENCE AVE CAREY JAMES JRIM 1250 LAWRENCE AVE MUSKEGON Ml 49442 $379.04
24-610-000-0124-00 1264.0 LAWRENCE AVE ANDERSON EUGENE 1264 LAWRENCE AVE MUSKEGON Ml 49442 $1,370.87
24-610-000-0037-00 1462.0 LAWRENCE AVE CLEVELAND EMILY R 1462 LAWRENCE AVE MUSKEGON Ml 49442 $252.70
24-610-000-0039-00 1484.0 LAWRENCE AVE HARRIS COREY 1484 LAWRENCE AVE MUSKEGON Ml 49442 $505.39
24-613-000-0835-00 1322.0 LEONARD AVE CALKINS CHARLES/A 8551 LOCK 17 RD BESSEMER AL 35023-7 $126.35
24-611-000-0185-00 1208.0 MARCOUX AVE CENTURY PARTNER 300 E BELTLINE NE GRAND RAPID Ml 49506 $126.35
24-61 0-000-0184-00 1211.0 MARCOUX AVE CHAMBERS DARELL 1211 MARCOUX AVE MUSKEGON Ml 49442 $1,496.85
24-610-000-0183-00 1221.0 MARCOUX AVE HARDIMAN CLAYTON 1221 MARCOUX AVE MUSKEGON Ml 49442 $126.35
24-610-000-0180-00 1261.0 MARCOUX AVE HAWKINS EDDIE 1261 MARCOUX AVE MUSKEGON Ml 49442 $499.07
24-610-000-0179-00 1279.0 MARCOUX AVE BAHR KENNAN J 1279 MARCOUX AVE MUSKEGON Ml 49442 $454.85
3/1/2006 8:37AM
Page 7 of 13
H-1572 HEARING DATE MARCH 14,2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-610-000-0177-00 1301.0 MARCOUX AVE WORKMAN GARRY A 1347 DUDLEY AVE MUSKEGON Ml 49442 $1,222.05
24-611-000-0191-00 1302.0 MARCOUX AVE BURREL ONESIPHOR 212 SCHOOL ST MUSKEGON Ml 49442 $377.78
24-611-000-0192-00 1308.0 MARCOUX AVE HASKINS TONI 1433 WESLEY AVE MUSKEGON Ml 49442 $1,165.24
24-610-000-0176-00 1309.0 MARCOUX AVE SMITH JOYCE L 1309 MARCOUX AVE MUSKEGON Ml 49442 $1,183.69
24-610-000-0175-00 1319.0 MARCOUX AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,979.67
24-611-000-0197-00 1354.0 MARCOUX AVE WOODS JESSIE I 1354 MARCOUX AVE MUSKEGON Ml 49442 $1,499.24
24-610-000-0172-00 1361.0 MARCOUX AVE BURT JASON 15357 NICKOLAS DR GRAND HAVENMI 49417 $1,165.24
24-611-000-0201-00 1390.0 MARCOUX AVE MALONE MABLE J 280 OTTAWA AVE MUSKEGON Ml 49442 $1,036.05
24-611-000-0203-00 1428.0 MARCOUX AVE TIMMER JOYCE M 1428 MARCOUX AVE MUSKEGON Ml 49442 $416.95
24-611-000-0205-00 1442.0 MARCOUX AVE WARREN SHERISSA 1442 MARCOUX AVE MUSKEGON Ml 49442 $138.98
24-610-000-0008-00 1465.0 MARCOUX AVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $505.39
24-611-000-0208-00 1476.0 MARCOUX AVE DIXON JOHN/DELAM 1488 MARCOUX AVE. MUSKEGON Ml 49442 $221.11
24-611-000-0209-00 1488.0 MARCOUX AVE DIXON JOHN L 1488 MARCOUX AVE MUSKEGON Ml 49442 $246.38
24-611-000-0210-00 1496.0 MARCOUX AVE BROWN JEANETTA 1496 MARCOUX AVE MUSKEGON Ml 49442 $1,497.33
24-611-000-0211-00 1506.0 MARCOUX AVE MITCHELL ELOSSIE 1506 MARCOUX AVE MUSKEGON Ml 49442 $265.33
24-610-000-0002-00 1535.0 MARCOUX AVE STARK DOUGLAS Rl 1535 MARCOUX AVE MUSKEGON Ml 49442 $712.25
24-611-000-0213-00 1542.0 MARCOUX AVE GARCIA MARIA E 1542 MARCOUX AVE MUSKEGON Ml 49442 $1,256.63
24-611-000-0214-00 1554.0 MARCOUX AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $511.71
3/1/2006 8:37AM
Page 8 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-612-000-0492-00 1085.0 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $262.80
24-613-000-0770-00 1192.0 MARQUETTE AV COMPRISE LLC 187 FORRESTER SE GRAND RAPID Ml 49508 $126.35
24-611-000-0486-00 1215.0 MARQUETTE AV BANK ONE NATIONA 9350 WAXIE WAY STE SAN DIEGO CA 92123 $391.68
24-611-000-0482-00 1259.0 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,048.86
24-613-000-0910-00 1410.0 MARQUETTE AV HILLIARD AARON B 1410 MARQUETTE AV MUSKEGON Ml 49442-1 $126.35
24-611-000-0446-00 1439.0 MARQUETTE AV BRUSH MARY JET A 1439 MARQUETTE AV MUSKEGON Ml 49442 $246.38
24-180-000-0002-00 1450.0 MARQUETTE AV DAVIS DIEDRA L 1450 MARQUETTE AV MUSKEGON Ml 49442 $504.11
24-611-000-0465-00 1461.0 MARQUETTE AV LIVINGSTON PETER PO BOX 1771 MUSKEGON Ml 49443-1 $126.35
24-611-000-0464-00 1465.0 MARQUETTE AV WHITE GARY W JR 1465 MARQUETTE AV MUSKEGON Ml 49442 $252.70
24-611-000-0462-00 1481.0 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $972.88
24-613-000-0902-10 1494.0 MARQUETTE AV GLOVER GARY 1494 MARQUETTE AV MUSKEGON Ml 49442 $488.96
24-611-000-0459-00 1517.0 MARQUETTE AV MCKINLEY MICHAEL 864 SPRING ST APT 4 MUSKEGON Ml 49442 $871.80
24-613-000-0900-20 1526.0 MARQUETTE AV KALAVITZ GORDON 15646 LAKE AVE GRAND HAVENMI 49417-8 $631.74
24-122-100-0005-00 1675.0 MARQUETTE AV CARPENTER INSURA 1675 MARQUETTE AV MUSKEGON Ml 49442 $265.33
24-612-000-0604-00 885.0 MARQUETTE AV LEWIS HANNA B 2303 JACQUELINE DENTON TX 76205 $126.35
24-612-000-0642-00 591.0 MARY VANDAM MICHAEL 591 MARY MUSKEGON Ml 49441 $994.35
24-612-000-0622-00 484.0 MARY ST CARTER KEITH UGIL 484 MARY ST MUSKEGON Ml 49442 $126.35
24-612-000-0639-00 561.0 MARY ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $252.70
3/1/2006 8:37AM
Page 9 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-613-000-0681-00 254.0 MEEKING ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $252.70
24-613-000-0683-00 270.0 MEEKING ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $520.55
24-613-000-0671-00 317.0 MEEKING ST PROCTOR VIKA 317 MEEKING ST MUSKEGON Ml 49442 $138.98
24-613-000-0670-00 323.0 ME EKING ST RONEJACQUELINE 323 MEEKING ST MUSKEGON Ml 49442 $882.67
24-613-000-0755-00 1175.0 MORGAN AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $385.36
24-613-000-0734-00 1188.0 MORGAN AVE HOLMBERG WILLIAM 1188 MORGAN AVE MUSKEGON Ml 49442 $1,907.85
24-613-000-0750-00 1241.0 MORGAN AVE AUSTIN MICHAEL 0 1241 MORGAN AVE MUSKEGON Ml 49442 $758.09
24-613-000-0746-00 1271.0 MORGAN AVE MCWHINNIE TODD 1276 ADAMS AVE MUSKEGON Ml 49442 $272.91
24-613-000-0743-10 1274.0 MORGAN AVE OLSON DONN M 1274 MORGAN AVE MUSKEGON Ml 49442 $271.65
24-613-000-0868-00 1294.0 MORGAN AVE TRUITT PROPERTY PO BOX 0731 MUSKEGON Ml 49443-0 $126.35
24-613-000-0870-00 1318.0 MORGAN AVE RICHARDS TIMOTHY 1318 MORGAN AVE MUSKEGON Ml 49442 $657.01
24-613-000-0863-00 1323.0 MORGAN AVE STAMOUR ANNA 1323 MORGAN AVE MUSKEGON Ml 49442 $101.08
24-182-000-0026-00 1425.0 MORGAN AVE CHOICE PROPERTIE 1893 GREENWOODS JENISON Ml 49428 $209.74
24-182-000-0025-00 1441.0 MORGAN AVE FOSTER EYVETTE Y/ 1441 MORGAN AVE MUSKEGON Ml 49442 $635.53
24-182-000-0023-00 1463.0 MORGAN AVE HAYNES JOHN 1463 MORGAN AVE MUSKEGON Ml 49442-0 $822.52
24-613-000-0889-00 1482.0 MORGAN AVE WILLIAMS JAMES/JE 1482 MORGAN AVE MUSKEGON Ml 49442-1 $1,134.60
24-610-000-0056-00 1422.0 OAK AVE BIBBS COREY E/TRA 1422 OAK AVE MUSKEGON Ml 49442 $391.68
24-760-000-0066-00 556.0 QUARTERLINE R TURRELL WILLIAM 1426 NEECE MUSKEGON Ml 49441 $397.99
3/1/2006 8:37AM
Page 10 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-613-000-0776-00 317.0 ROBERTS ST HOLMES KEVIN S 317 ROBERTS ST MUSKEGON Ml 49442 $266.59
24-613-000-0790-20 320.0 ROBERTS ST HALLMARK HOMES 2027 HYDE PARK RD N MUSKEGON Ml 49445 $260.28
24-613-000-0790-30 332.0 ROBERTS ST HALLMARK HOMES & 2027 HYDE PARK RD N MUSKEGON Ml 49445 $126.35
24-613-000-0771-00 371.0 ROBERTS ST SELANDER DAVID H 371 ROBERTS ST MUSKEGON Ml 49442 $252.70
24-613-000-0865-00 262.0 SCHOOL ST MARTINEZ CECILIA Y 262 SCHOOL ST MUSKEGON Ml 49442 $75.81
24-611-000-0310-00 539.0 SCHOOL ST NELSON ALMA 539 SCHOOL ST MUSKEGON Ml 49442 $126.35
24-611-000-0253-00 586.0 SCHOOL ST TENBRINK ETHEL M 586 SCHOOL ST MUSKEGON Ml 49442 $838.00
24-611-000-0237-00 621.0 SCHOOL ST WILLIAMS ALMA 621 SCHOOL ST MUSKEGON Ml 49442 $1,075.42
24-611-000-0190-00 635.0 SCHOOL ST MEEKS KEVIN/WINTE 376 W GRAND AVE MUSKEGON Ml 49441-2 $94.76
24-612-000-0556-00 1026.0 WESLEY AVE WILSON WILLIE C JRI 1026 WESLEY MUSKEGON Ml 49442 $252.70
24-612-000-0560-00 1064.0 WESLEY AVE KIEFT DEBORAH 1064 WESLEY AVE MUSKEGON Ml 49442 $240.06
24-612-000-0562-00 1080.0 WESLEY AVE GRAY JAMES E/LOUI 1080 WESLEY AVE MUSKEGON Ml 49442 $246.38
24-612-000-0563-00 1094.0 WESLEY AVE HERRERA SANTIAGO 1094 WESLEY AVE MUSKEGON Ml 49442 $868.10
24-612-000-0490-00 1188.0 WESLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,400.44
24-611-000-0246-00 1212.0 WESLEY AVE BURREL ONESIPHOR 212 SCHOOL ST MUSKEGON Ml 49442 $128.87
24-611-000-0244-00 1215.0 WESLEY AVE CLINCY MARK E/BET 1215 WESLEY AVE MUSKEGON Ml 49442 $1,122.63
24-611-000-0241-00 1245.0 WESLEY AVE BRUSH DAVID/KIMBE 1245 WESLEY AVE MUSKEGON Ml 49442 $544.86
24-611-000-0250-00 1258.0 WESLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $145.30
3/1/2006 8:37AM
Page 11 of 13
H-1572 HEARING DATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
24-611-000-0239-00 1263.0 WESLEY AVE GREAT LAKES HOUS 2897 TAFT SW SUITE WYOMING Ml 49509 $252.70
24-611-000-0255-00 1312.0 WESLEY AVE ZACKERY RICHARD 1312 WESLEY AVE MUSKEGON Ml 49442 $126.35
24-611-000-0257-00 1330.0 WESLEY AVE N & N ASSOCIATES L 420 CARMEN DR SPRING LAKE Ml 49456 $1,247.29
24-611-000-0232-00 1349.0 WESLEY AVE MCBRIDE REGINA F 1349 WESLEY AVE MUSKEGON Ml 49442 $1,346.37
24-611-000-0231-00 1361.0 WESLEY AVE ASHLEY MONNIE 480 CRESTON ST MUSKEGON Ml 49442 $252.70
24-611-000-0228-00 1389.0 WESLEY AVE COLLISON GLENNA 1389 WESLEY AVE MUSKEGON Ml 49442 $248.40
24-611-000-0226-00 1421.0 WESLEY AVE BRUCE ROYLES/BILL 616 CRESTON AVE MUSKEGON Ml 49442 $379.04
24-611-000-0222-00 1457.0 WESLEY AVE CARSON CATISA 1457 WESLEY AVE MUSKEGON Ml 49442-2 $758.09
24-611-000-0272-00 1524.0 WESLEY AVE ASHLEY JEFFREY R/ 1524 WESLEY AVE MUSKEGON Ml 49442 $252.70
24-611-000-0274-00 1560.0 WESLEY AVE TATE SHAWN M 1560 WESLEY AVE MUSKEGON Ml 49442 $1,250.84
3/1/2006 8:37AM
Page 12of 13
H-1572 HEARINGDATE MARCH 14, 2006
AMENDED SW2004
AMENDED SPECIAL ASSESSMENT ROLL
PARCEL @ OWNER MAILING ADDRESS TOTAL
TOTALS $129,441.35
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
LARRY MILLARD, ACTING DIRECTOR,COUNTY EQUALIZATIO DATE
STPEHEN GAWRON CITY COMMISSIONER DATE
LAWRENCE SPATARO CITY COMMISSIONER DATE
3/1/2006 8:37AM
Page 13 of 13
Date: March 14, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Forest Ave. Davis to Ruddiman (H-1616)
SUMMARY OF REQUEST:
Award the paving, using asphalt material, contract (H-1616) for Forest Ave., Davis to
Ruddiman to Felco Contractors, Inc. since they were the lowest, see attached bid
tabulation, bidder with a bid price of $42,575.20. While Felco is the lowest bidder, he
failed to fill out the disadvantage contractor affidavit as part of the bid submittal.
FINANCIAL IMPACT:
The construction cost $42,575.20 plus engineering cost which is estimated at an additional
15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Felco Contractors, Inc. if the City Commission desires to waive the bid
irregularity of not completing the disadvantage contractor affidavit.
COMMITTEE RECOMMENDATION:
H-1616 FOREST AVE. RUDDIMAN ST. TO DAVIS ST.
BID TABULATION 03/07/06
CONTRACTOR MCCORMICK SAND QUANTUM CONSTRUCTION FELCO CONTRACTORS WADEL STABILIZATION DOUBLE L ENTERPRISES
ADDRESS ENGINEER'S 5430 RUSSELL RD PO BOX 321 856 PULASKI AVE. 2500 N. OCEANA OR. 5215 INDUSTRIAL PK RO
CITYfSTIZIP ESTIMATE TWIN LAKE Ml 49457 DOUGLAS Ml 49406 MUSKEGON Ml 49441 HART Ml 49420 MONTAGUE Ml 49437
ITEM OF WORK UNIT QTY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAl. PRICE
1 ADJUST CATCH BASIN CASTING EA. 1 $200.00 $200.00 $ 500.00 $ 500.00 $ 265.00 $ 265.00 $ 400.00 $ 400.00 $ 600.00
' 600.00
's 250.00 $ 250.00
2 AGGREGATE BASE COURSE 22A lfil6" C.I.P.
3 BIT. LEVELING MIX 3C ail 165#/S.Y.
SQ. YD. 763 $6.25 $4,768.75 $ 9.66
' 7,370.58 $ 11.00
' 8,393.00 $ 6.50 $ 4,959.50 $ 6.50
' 4,959.50 5.00
'$ 3,815.00
3,561.60
4 BIT. TOP MIX 4C@. 165#/S.Y.
TON 70 $47.00 $3,290.00 $ 53.50 $
s
3,745.00
4,165.00
$ 54.00
's 3,780.00
4,200.00
$ 52.00
62:.00
$ 3,640.00
4,340.00
$ 51.00
'
$
3,570.00 $
3,962.00 $
50.88
56.55 $ 3,958.50
TON 70 $49.00 $3,430.00 $ 59.50
' 60.00 $ $
' 56.60
5 BORROW FILL SAND 2NS CU.YD. 307 $7.50 $2,302.50 $ 20.20
' 6,201.40 $ 16.25 $
s
4,988.75
' 4.00 $ 1,228.00 $ 18.50
' 5,679.50 $ 18.18
' 5,581.26
6 CATCH BASIN CASTING E.J.#7045 OR EQUAL
7 CEMENT
EACH 1 $650.00 $650.00 $
$330.00 $
700.00 $ 700.00 $ 775.00 n5.oo $ 700.00
' 700.00 $ 550.00
' 550.00 $ 603.56
'
$
603.56
300.00
TONS 3 $110.00 185.00
' 555.00 $ 185.00 $ 555.00 $ 66.00 $ 198.00 $ 250.00 $ 750.00 $ 100.00
8
9
CONC. CURB& GUTTER STD. DETAIL 1.
CONC. DRIVE APPROACH 6" STD.
LIN. FT.
SQ. YO.
572
161.5
$16.00
$28.50
$9,152.00 $ 11.20 $ 6,406.40 $ 12.00 $ 6.864.00 $ 12.00 $ 6,864.00 $ 12.00 $
s
6,864.00 $ 17.20
' 9,838.40
10 CONC. SIDEWALK 4" SQ.FT.
$4,602.75 $ 23.05 $ 3,722.58
' 24.00
' 3,876.00 $ 28.00 $ 4,522.00 $ 27.00 4,360.50 $ 25.50
' 4,118.25
163.4 $3.75 $612.75 s 3.00 $ 490.20 $ 2.75 $ 449.35 $ 4.00 $ 653.60 $ 3.10 $ 506.54 $ 12.50
's 2,042.50
11 EXCAVATION
12 REMOVING CONC, CURB
C.Y.
LIN. FT.
603.1
8
$10.00 $6,031.00 $ 7.20 $ 4,342.32 s 10.00 $ 6,031.00
• 11.00 $ 6,634.10 s 12.00 $ 7,237.20 $ 12.98 7,828.24
13 REMOVING CONC. CURB & GUTTER
$10.00 $80.00 s 25.00 $ 200.00 $ 32.00 $ 256.00 $ 10.00 $ 80.00 $ 50.00 $ 400.00
' 13.50 $ 108.00
14 REMOVING CONC. DRIVE APPROACH
!.IN. FT.
SQ.YD.
2 $16.00 $32.00 $ 25.00 $ 50.00 $ 52.00 $ 104.00 $ 10.00 $ 20.00
' 100.00 $ 200.00 $ 26.00
' 52.00
15 REMOVING CONC. SIDEWALK SQ.FT.
21 $15.00 $315.00 $ 9.00
' 189.00 $ 25.00 $ 525.00 $ 7.00 $ 147.00 $
s
15.00 $ 315.00 $ 9.00 $ 189.00
16 REMOVING TREES> 30" EA.
142 $1.00 $142.00 $ 1.50
' 213.00 $ 2.00 $ 284.00 $ 7.00 $ 994.00 5.00 $ 710.00 $ 1.00
' 142.00
17 SUBBASE UNDERORAIN 6" WRAPPED IN GEOTEXT UN. FT.
1
200
$1,500.00
$8.00
$1,500.00 $
$1,600,00 s
1,000.00
8.00
$ 1,000.00
1,600.00
$ 325.00 $ 325.00 $ 2,000.00 $ 2,000.00
' 1,000.00 $ 1,000.00 s 500.00
' 500.00
18 TERRACE GRADING LIN. FT. 285 $11.00 $3,135.00 $ 14.00
$
$ 3,990.00
$
$
9.50
13.25
$ 1,900.00 $ 11.00 $ 2,200.00
' 12.00 $
s
2.400.00
' 6.70
' 1,340.00
19 TRAFFIC CONTROl. LUMP 1 $5,000.00 $5,000.00 $ 1,300.00 $ 1,300.00 s 900.00
$
$
3,776.25
900.00
$
$
7.00
1,000.00
$
$
1,995.00
1,000.00
$ 12.00 3,420.00 $ 13.00
' 3,705.00
1,500.00
' 3,000.00 $ 3,000.00 $ 1,500.00 $
TOTAL $47,173.75 $46,740.48 $48.247.35 $42,575.20 $50,484.24 $49,433.31
PAGE 1
Date: March 14, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Cherry St., Wilcox to Thompson (H-1605)
SUMMARY OF REQUEST:
Award the paving, using asphalt material, contract (H-1605) for Cherry, Wilcox to
Thompson to Felco Contractors, Inc. since they were the lowest, see attached bid
tabulation, bidder with a bid price of $47,869.50. While Felco is the lowest bidder, he
failed to fill out the disadvantage contractor affidavit as part of the bid submittal.
FINANCIAL IMPACT:
The construction cost $47869.50 plus engineering cost which is estimated at an additional
15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Felco Contractors, Inc, if the City Commission desires to waive the bid
irregularity of not completing the disadvantage contractor affidavit.
COMMITTEE RECOMMENDATION:
H-1605 CHERRY ST., WILCOX AVE. TO THOMPSON AVE.
BID TABULATION 03/07/06
CONTRACTOR MCCORMICK SAND QUANTUM CONSTRUCTION FELCO CONTRACTORS WADEL STABILIZATION DOUBLE L ENTERPRISES
ADDRESS ENGINEER'S 5430 RUSSELL RD PO BOX321 856 PULASKI AVE. 2500 N. OCEANA DR. 52151NDUSTRIAL PK RD
CITY/ST/ZIP ESTIMATE TWIN LAKE Ml 49457 DOUGLAS Ml 49406 MUSKEGON Ml 49441 HART Ml 49420 MONTAGUE Ml 49437
ITEM OF WORK UNIT QTY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
1 AGGREGATE BASE COURSE 22A. 6 .. C.I.P. SQ. YD. 1085 $6.00 $6,510.00 s 9.50 $ 10,307.50 s 11.50 $ 12,477.50 $ 6.50 $ 7,052.50 $ 5.75 s 6,238.75 $ 4.51 $ 4,893.35
2 BITUMINOUS LEVELING MIX 3C@. 165#1S.Y. TON 98 $6,370.00 $ s 5,194.00 5,194.00 4,919.60 $ 50.14 4,913.72
94
$65.00 53.00
s
$
s
53.00 $
' 52.00
' 5,096.00
' 50.20
' '
''
3 BITUMINOUS TOP MIX 4C@ 165#/S.Y. 5,358.00
4 CONCRETE CURB & GUTIER. STD DETAIL 1
TON
805
$70.00 $6,580.00 $ 57.00 57.00 $ 5,358.00
' 56.00 $
•·
5,264.00
' 54.40 $ 5,113.60 $
9,257.50 $
54.82 5,153.08
13,846.00
5 CONCRETE DRIVE APPROACH 6" STD.
LIN. FT.
SQ. YD. 106
$10.00 -$8,050.00 $ 11.00 $ 8,855.00
' 12.00 $
s
9,660.00
' 12.00 9,660.00
' 11.50 $ 17.20
i 6 CONCRETE SIDEWALK, 4''. TYPE 1 RAMPS SQ.FT. 297
$26.00
$3.00
$2,756.00 $
$891.00 $
25.00
5.30
$
$
2,650.00
1,574.10
'
$
20.00
4.25 $
2,120.00
1,262.25
$
$
28.00
8.00
$
$
2 968.00
2,376.00
$
$
23.50
4.50
'
$
2,491.00 $
1,336.50 $
25.50
12.50 $
$ 2,703.00
3,712.50
7 EXCAVATION 893 $ 6,697.50 s
8 REMOVING CONCRETE CURB
CU. YD.
30
$6.00 $5,358.00 $ 7.50 $ 9.25 $ 8,260.25 $ 11.00 $ 9,823.00 $
s
13.50
' 12,055.50 $ 11.96 10,680.28
9 REMOVING CONCRETE SIDEWALK
LIN. FT.
SQ. FT. 238
$10.00
$6.00
$300.00 $
$1,428.00 $
15.00
1.50
'
$
450.00 $ 8.00
2.00
$
$
240.00 $ 5.00 $ 150.00 20.00 $
s
600.00
476.00
$ 7.85
1.00
'
$
235.50
238.00
10 TERRACE GRADING 402
357.00
' 476.00 $ 7.00 $ 1,666.00
' 2.00 $
11 TRAFFIC CONTROL
UN. FT.
1
$26.00 $10.452.00 $
$3,000.00 $
29.25
' 11,758.50 $ 19.50 $ 7,839.00
' 7.00
' 2,814.00
' 10.00
' 4,020.00 $ 13.00 $ 5,226.00
LUMP $3,000.00
$45,185.00
1,415.00 $ 1,415.00
$54,616.60
$ 900.00 $ 900.00
$53,787.00
$ 1,000.00
' 1,000.00
' 2,500.00 $ 2,500.00
$49,008.45
$ 1,600.00 $ 1,600.00
$53,201.~
TOTAL $47.869.50
........ITEM 3 READ AS $5331.20 *""ITEM 3 READ AS $5106.08
PAGE 1
Community Development Block Grant
Amount Administration CDC City Corn_mission CityComm
Organization/Agency Activity Requested Recommendation Rec Pr~~c. Firial Determination
LovelNC Handicap Ramps $10,000 $2,500 $2,500 c:::::::>
American Red Cross Senior Transit $5,000/ $2,500 $2,500
Vv7est Michigan Veterans Food Bank!Transportation $5,000' £2,500 $2,500
Sacred Suds Laundry/Shower $6,000 $2,500 $2,500
DPW Senior Transit $58,735 $40,000 $40,000
CDBG Code Enforcement Code Enforcement $40,000 $40,000 $40,000
Community Economic Development Fayade $20,000 $5,000 $5,000
CDBG Service Delivery Delivery Seryice $100,000 $62,500 $62,500
Finance Bond Repayment Bond $245,000 $242,500 $242,500
HealthCare Health Outreach $5,500 / $2,500 $2,500
Legal Aid Legal Services $15,000 $2,500 $2,500
Cornerstone Optometry Optometry $89,000 $0 $0
CDBG Administration Admin $200,000 $178,000 $178,000
Street Construction Street $40,000 $30,000 $30,000
Leisure Senrices Recreation $87,318 $65,000 $65,000
CDBG Siding Siding $225,000 $150,000 $150,000
CDBG Emergency Repair Emergency Repair $225,000 $160,000 $160,000
Planning Lot Clean up Lot Maintenance $40,000 $28,000 $28,000
Dangerous Buildings Demolition $115,000 $43,000 $43,000
Total CDBG Request $1,531,553 $1,059,000 $1,059,000
Total CDBG Allocated+ PI $1,060,145 $1,060,145 $1,060,145 $1,060,145 $1,060,145
Allocated/Request Difference ($471,408) $1,145 $1,145
Total Amt of Public Service*
Public Service mandated Amt
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