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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 22, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS: Cindy Kody
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Sale of an Unbuildable Vacant Lot at the Rear of 2371 Crozier.
PLANNING & ECONOMIC DEVELOPMENT
C. Nine Month Extension to Complete Construction of Home. PLANNING &
ECONOMIC DEVELOPMENT
D. Approval of a Neighborhood Enterprise Zone Certificate for 476 W.
Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
E. Amendment to the Purchase Agreement for 1259 Marquette.
PLANNING & ECONOMIC DEVELOPMENT
F. FIRST READING: Rezoning Request for Property Located at 2170 Beidler
and 714 W. Hackley Avenue. PLANNING & ECONOMIC DEVELOPMENT
G. FIRST READING: Rezoning Request for Properties Located at 599, 545.
925, and 635 Ottawa Street; and 535. 575, and 630 E. Western Avenue.
PLANNING & ECONOMIC DEVELOPMENT
H. FIRST READING: Rezoning Request for Property Located at 896 Home
Street. PLANNING & ECONOMIC DEVELOPMENT
I. SECOND READING: Defined Contribution Retirement Plan for New Hires
(fire, Non-Union). FINANCE
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - ADAC
Plastics. PLANNING & ECONOMIC DEVELOPMENT
B. Spreading of the Special Assessment Roll for Fifth Street. Campus to
Merrill. ENGINEERING
C. Spreading of the Special Assessment Roll for Ireland Avenue. Franklin to
Davis. ENGINEERING
D. Spreading of the Special Assessment Roll for Franklin Street. Laketon to
Ireland. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 765 Washington. PUBLIC SAFETY
o NEW BUSINESS:
A. Resolution Supporting Regional Collaboration. CITY MANAGER
B. Move of Non-Union Employees to Municipal Employees' Retirement
System of Michigan. FINANCE
C. Amendment to Arena Operations Management Contract. FINANCE
D. Sewer Rate Adjustment. FINANCE
E. Sale of Water to Idlewild Resort in Norton Shores. PUBLIC WORKS
F. Consideration of Bids: Street Lights along Shoreline Drive. ENGINEERING
G. Concurrence With the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
209 & 211 Merrill- Area 10
235 Monroe -Area 10
642 Mclaughlin- Garage
1120 Jefferson - Area 10
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
)> Submit the form to the City Clerk.
> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
> (Speaker representing a group may be al!owed 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 MUSI<:EGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: November 22, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the November yth
Community Relations Committee and Commission Worksession, and
the November 81h Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 22, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street. Muskegon, Michigan at 5:30 p.m .. Tuesday, November
22,2005.
Mayor' Warmington opened the meeting with a prayer from Commissioner
Clara Shepherd after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-106 HONORS AND AWARDS: Vice Mayor Bill Larson presented a plaque to
Cindy Kody in honor of the late Bill Kody who saved the lives of the duck hunters
on Muskegon River from drowning.
2005-107 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the November 7th Community
Relations Committee and Commission Worksession, and the November 8th
Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Sale of an Unbuildable Vacant Lot at the Rear of 2371 Crozier.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot at the
rear of 2371 Crozier to Union Federal Bank of Indianapolis, 7500 W. Jefferson
Blvd., Fort Wayne, IN. The property is being offered to Union Federal Bank of
Indianapolis, to help clear the property title, for $100. According to the County
Treasurer, the property taxes for the lot went unpaid from 1994 - 1999. The
property went up for tax sale and the City obtained the lot in 2000 from the
State. A local title office issued a warranty deed for the property and included
the City owned portion in the deed in 2001. After that, the properties were
combined, even though there were two different property owners. This will
remove the City's name from the property and clear the title.
FINANCIAL IMPACT: None
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 in order to clear this up.
C. Nine Month Extension to Complete Construction of Home. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a nine-month extension to allow Bill Ingalls
time to complete the construction of a single-family home on Harrison Court.
Mr. Ingalls purchased the property to construct four single-family homes on it
and has completed three of them. The City has customarily granted extensions
to parties who have shown that they are dedicated to completing construction
and contributing to the beautification of the City's residential areas. Mr. Ingalls
has worked with staff to submit an alternative plan to complete construction of
a home on the property and feels that the nine month extension will allow
enough time for this plan to be completed. Mr. Ingalls is working with Tom Blake
of Nexes Realty to market the property.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
D. Approval of a Neighborhood Enterprise Zone Certificate for 476 W.
Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Jessica Elsey to rehabilitate a home in
the Nelson neighborhood at 476 W. Muskegon Ave. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $5,000. The replacements of all windows, vent and
repair roof, and remodel the front porch. The applicant has met local and state
requirements for 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 six
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
E. Amendment to the Purchase Agreement for 1259 Marquette.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the amendment of the purchase
agreement for the sale of a vacant buildable lot at 1259 Marquette St. (Parcel
#24-611-000-0482-00) to Garry & Earnestine Gaines, 881 Getty St., Muskegon,
and MI. The lot is being offered to Garry & Earnestine Gaines for $9,000. Garry &
Earnestine Gaines will be constructing a two-story, 3 bedroom, single-family
home with an attached garage, which will comply with the City's Policy for Sale
of City-Owned Residential Property. The True Cash Value (TCV) for the property
listed in the Assessor's office is $12,000, and our price is set at $9,000 which is 75%
of that amount. The closing of the property must take place before or on
January 13, 2006 and the seller will not be held liable for any real estate
commissions claimed by a realtor in connection with this transaction. The
amendment is needed because the buyers are no longer working with a realtor.
They are also working with a new builder for the construction and financing of
the home.
FINANCIAL IMPACT: The sale of this lot for construction of one new 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.
F. FIRST READING: Rezoning Request for Property Located at 2170 Beidler
and 714 W. Hackley Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 2170 Beidler St.
and 714 W. Hackley Ave., from R-1, One Family Residential to B-2 Convenience
and Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11/10 meeting. The vote was unanimous with J.
Aslakson and T. Michalski absent.
G. FIRST READING: Rezoning Request for Properties Located at 599, 545.
925, and 635 Ottawa Street; and 535, 575, and 630 E. Western Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 599, 545,
625, Ottawa and 535, 575 and 630 E. Western Ave., from B-4, General Business to
WM, Waterfront Marine.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11/10 meeting. The vote was unanimous with J.
Aslakson and T. Michalski absent.
H. FIRST READING: Rezoning Request for Property Located at 896 Home
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 896 Home
St. from R-1 One Family Residential to RM-3 High Density Multiple-family
Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to
.recommend denial of the request at their 11/10/05 meeting. The vote was
unanimous with J. Aslakson and T. Michalski absent.
I. SECOND READING: Defined Contribution Retirement Plan for New Hires
(Fire, Non-Union). FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the firefighters union that includes provision for new hires to be
members of a defined contribution retirement program in lieu of membership in
the defined benefit police and fire retirement system. The new fire DC plan calls
for a fixed city contribution of 10% and an employee contribution of 6% of
wages. Present employees may also join the DC plan on an elective basis
during a window period.
We are also recommending at this time implementation of a similar plan for new
non-union employees. The outline of the program is the same except for lower
contribution rates (6% city; 3% employee) reflecting the fact that these
employees are covered by social security (fire employees are not).
Approval of the resolutions and ordinance amendments is the final step in
putting in place the mechanics of these new programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the city's annual pension costs. We are negotiating similar
arrangements for other employee groups.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Gawron, larson, Shepherd, Spataro, Warmington, Carter,
and Davis
Nays: None
MOTION PASSES
2005-108 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - ADAC
Plastics. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4 as amended, ADAC
Plastics, 1801 Keating, has requested the issuance of an Industrial Facilities
Exemption Certificate for the property located at 1801 Keating, Muskegon. The
total capital investment is approximately $666,454.00 in personal property and
$33,409.00 in real property. This request qualifies ADAC Plastics for a term of
twelve (12) years for real property and nine (9) 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 twelve ( 12) years for real property
and nine (9) years for personal property.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. Comments were heard from Jackie Darnell, Muskegon County
NAACP President, 541 E. Hackley.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:50 p.m. and approve the request for an Industrial Facilities
Exemption Certificate for ADAC Plastic.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
larson
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Fifth Street. Campus to
Merrill. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Fifth St., from Campus Ave. to Merrill Ave., and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $49,344 would be spread against the twenty-
seven (27) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:51 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Shepherd to close
the Public Hearing at 5:54 p.m. and approve the spreading of the special
assessment roll for Fifth Street Campus to Merrill.
ROLL CALL: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Ireland Avenue. Franklin to
Davis. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Ireland Ave., Franklin to Davis St. and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $25,995.57 would be spread against the twenty-
nine (29) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing at 5:57 p.m. and approve the spreading of the special
assessment roll for Ireland Avenue, Franklin to Davis.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
D. Spreading of the Special Assessment Roll for Franklin Street. Laketon to
Ireland. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Franklin St.. Laketon to Ireland and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $19,645.76 would be spread against the eleven
( 11) parcels abutting the project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 6:00 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 6:02 p.m. and approve the spreading of the special
assessment roll for Franklin Street, Laketon to Ireland.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-109 UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 765 Washington. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 765
Washington- Area 12 is unsafe, substandard, a public nuisance and that it be
demolished within thirty ((30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: General fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish the structure at
765 Washington.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2005-110 NEW BUSINESS:
A. Resolution Supporting Regional Collaboration. CITY MANAGER
SUMMARY OF REQUEST: To approve a resolution that supports regional
collaboration efforts. This resolution is necessary for One Muskegon to pursue
state funding through the Centers for Regional Excellence for our local efforts.
FINANCIAL IMPACT: Collaborative efforts may save the City money in the future.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the resolution supporting regional collaboration.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
B. Move of Non-Union Employees to Municipal Employees' Retirement
System of Michigan. FINANCE
SUMMARY OF REQUEST: MERS (Municipal Employees' Retirement System of
Michigan) is a statewide intergovernmental cooperative established for the
purpose of providing cost-effective pension plan administration. The City's
pension boards have explored moving to MERS on two separate occasions in
the last few years, but could not reach consensus. At this time staff is proposing,
that effective January 1, 2006, pension administration and management of
pension-plan assets for current non-union employees (51 employees) be moved
to MERS.
FINANCIAL IMPACT: Staff believes that MERS offers the most cost-effective
alternative for pension administration. We expect to achieve administrative
savings by moving the non-union employees to MERS and the potential is for
greater savings should other employee groups opt to switch to MERS. The
computed first year (2006) contribution rate for the MERS program is 5.71 %,
which compares favorably to the budgeted contribution rate of 7.86%
BUDGET ACTION REQUIRED: None. As noted, the computed contribution rate
for MERS is within the budgeted cost for pension expense for the affected
employees.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
move of non-union employees to Municipal Employees' Retirement System of
Michigan.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
C. Amendment to Arena Operations Management Contract. FINANCE
SUMMARY OF REQUEST: Approval of an amendment to the arena management
contract. The current arena operations contract with AMG did not anticipate a
second major building tenant. The introduction of professional basketball last
year required and amendment to reimburse the arena manager for the
additional costs associated with basketball (set-up, security, etc.). This
proposed amendment for the 2005-06 season is similar to last year's agreement
with the exception that the maximum per game payment is reduced from
$4,000 to $2,900, reflecting the fact that the basketball team has assumed
responsibility for floor set-up/take-down. The overall arena management
agreement is set to expire in June 2006. Addressing issues raised by a second
major tenant will be an important consideration in the next contract.
FINANCIAL IMPACT: The direct impact of this agreement (and of the basketball
generally) on arena financial operations will be determined by attendance
figures. Over 24 home games, average attendance will need to be about 1,450
for the city to cover the cost of this contract and the ice rental loss associated
with basketball. This is about the same breakeven point as last year. Staff
believes having professional basketball at the arena has benefits that extend
beyond arena operations (downtown activity, etc.) that make this a prudent risk
for the city to take.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of amendment.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the amendment to the Arena Operations Management Contract.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
D. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: At the time the 2006 budget was adopted, staff noted
that it appeared a sixteen percent sewer rate increase would be needed to
offset the impacts of the Sappi downsizing. Based on the additional information
that has become available since budget adoption, it still appears that a sixteen
percent increase is needed. Historical and projected financial data for the
sewer fund indicates the need for the 16% percent increase to take effect
January 1, 2006. The rate adjustment will move residential sewer rates from
$1 .32/hcft to $1.53/hcft and commercial/industrial rates from $1.66 to $1.93. The
impact on a typical household using 15,000 gallons of water will be an
additional $4.20/month $12.60/quarter).
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$672,000 additional full-year revenue for the city's sewer fund.
BUDGET ACTION REQUIRED: None at this time. Adoption of these fee
adjustments will help the city attain its 2006 budgeted revenue estimates.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the sewer rate fee increase.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
E. Sale of Water to Idlewild Resort in Norton Shores. PUBLIC WORKS
SUMMARY OF REQUEST: Nugent Sand Company (NSC) has requested permission
to purchase water from the City of Muskegon via the City of Norton Shores on a
temporary basis.
FINANCIAL IMPACT: The City of Muskegon will be paid an annual readiness to
serve fee of $1 ,600 (with allowance for future adjustments) plus a water rate
based on 1.35 of the water used. These provisions will be in place until such time
as the City of Norton Shores builds their own system to handle this water
demand.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City of Muskegon City
Commission approve the documents for the temporary sale of water to Idlewild
Resort.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
sale of water to Idlewild Resort in Norton Shores.
ROLL VOTE: Ayes: Davis, Gawron, Larson, shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
F. Consideration of Bids: Street Lights along Shoreline Drive. ENGINEERING
SUMMARY OF REQUEST: As per your directions, bids were solicited and received
to install approximately twenty (20) street lights along Shoreline Dr., between
Ottawa & First as well as Terrace Street between Morris & Shoreline Dr. John
Howell of Lansing, Michigan submitted the lowest bid of $70,000 ($3,500 per
light). Windemuller (Montague, Ml) submitted the only other bid of $94,000.
Your authorization to enter into a contract with John Howell is requested should
it be your desire for the City to be the owner of those lights.
FINANCIAL IMPACT: The installation cost of $70,000 plus any direct expenses to
Consumer Energy to provide the energy source which is estimated at $5,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to enter into a contract with John R.
Howell.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the bid and enter into a contract with John R. Howell for street lights along
Shoreline Drive and Terrace.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: Larson
MOTION PASSES
G. Concurrence With the Housing Board of Appeals Notice and Order to
Demolish 209 & 211 Merrill, 235 Monroe, 642 Mclaughlin - Garage, and
1120 Jefferson. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission Concur with
the findings of the Housing Board of Appeals that the above mentioned
structures are unsafe, substandard, public nuisances and that they be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of these structures and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: CDGB Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 209 & 211 Merrill, 235
Monroe, and 642 Mclaughlin- garage only.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 1120 Jefferson.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-111 ANY OTHER BUSINESS:
a. Letter to Nugent Sand.
Motion by Commissioner Davis, second by Commissioner Carter to request staff
to write a letter in opposition of additional sand mining of 23 acres of land.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, and Davis
Nays: None
Absent: Warmington (stepped out of the room)
MOTION PASSES
b. Solid Fuel Heating Appliance.
Motion by Commissioner Spataro, second by Commissioner Gawron to direct
staff to not take any applications and let the Planning Commission come up with
regulations.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-112 PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 7:10p.m.
Respectfully submitted,
~o -~r
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: November 22, 2005
Date: November 9, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department 08c...
RE: Sale of an unbuildable Vacant Lot at the rear of 2371 Crozier
SUMMARY OF REQUEST:
To approve the sale of a vacant unbuildable lot at the rear of 2371 Crozier to Union Federal
Bank of Indianapolis, 7500 W Jefferson Blvd., Fort Wayne, IN. The property is being offered
to Union Federal Bank of Indianapolis to help clear the property title for $100. According to
the County Treasurer, the property taxes for the lot went unpaid from 1994-1999. The
property went up for tax sale and the City obtained the lot in 2000 from the State. A local
title office issued a warranty deed for the property and included the City owned portion in the
deed in 2001. After that, the properties were combined, even though; there were two
different property owners. This will remove the City's name from the property and clear the
title.
FINANCIAL IMPACT:
None
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 in order to clear this up.
COMMITTEE RECOMMENDATION:
None.
11/9/05
Resolution No. 2005-107 (b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF AN UNBUILDABLE LOT AT THE REAR OF
2371 CROZIER IN THE LAKESIDE NEIGHBORHOOD FOR $100.
WHEREAS, Union Federal Bank oflndianapolis has placed a $100 deposit for the parcel
designated as the South 49.19 feet ofLot 4, located adjacent t.o 2371 Crozier; and
WHEREAS, the price for parcel is set by the City at $1 00; and
WHEREAS, the sale would clear up the title for 2371 Crozier, which has the South 49.19 feet of
Lot 4 already combined with it; and
WHEREAS, the sale is consistent with City policy regarding the disposition ofunbuildable lots.
NOW THEREFORE BE IT RESOLVED, that the parcel's South 49.19 feet of Lot 4, located
adjacent to 2371 Crozier be sold to Union Federal Bank of Indianapolis for $100.
CITY OF MUSKEGON LIBERTY SUB DIV OF PART OF BLOCK 669 THE
SOUTH 49.19 FEET OF LOT 4 BLOCK 1
Adopted this 2 2nd day of November 2005
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
and Davis
Nays: None
Absent None
Attest: . ~~
Gail Kundinger, MMC
City Clerk
a
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Conm1ission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on November 22, 2005.
Gail Kundinger, M
City Clerk
QUIT CLAIM DEED
GRANTOR, City of Muskegon, with an address of 1080 Terrace Street, Muskegon, Michigan 49442 ("Grantor"), does
hereby Quit Claim to Union Federal Bank of Indianapolis, with an address of 7500 W Jefferson Blvd, Fort Wayne,
Indiana 46804-4165 ("Grantee"), the following described premises located in the City of Muskegon, County of
Muskegon, State of Michigan, and described as follows:
City of Muskegon SN2537 Liberty Subdivision of Part of Block 669, South 49.19 feet of Lot 4, Block 1
984901
commonly known as: 2371 Crozier Avenue, Muskegon, Michigan
This Deed is given in consideration of $100.00.
*This conveyance is subject to all easements and encumbrances of record. Grantor further grants to Grantee the right
to make all divisions under Section 108 of the Land Division Act No. 288 of Michigan Public Acts of 1967 as amended.
The property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and
management practices which may generate noise, dust, odors, and other associated conditions may be used and are
protected by the Michigan Right to Farm Act.
This Deed is executed this _ _ day of _ _ _ _ _ _ _ _ , 2005.
USKEGON
Dated
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
On . the /.s.r day of f),., ,, 117 hcc , 20 c'.:;-;- before
me personally appeared
0
.._;,/,:.a/u:-o
1
J. uZrm,/,enM , ;?;7ili('-c ofThe City of Muskegon, to me
known to be the person described"fn and who exec ed the foregoing instrument and acknowledged that they have
executed the same as a free act and deed. d,m£10 .J. £&..
i./"cl" -~:. /0rrrr
Notary Public, /?,&_s ~>ao County, Michigan
Acting in J7k,, k:?too
County, Michigan
My Commission xpires: 7-.:zr-
c:?t?
RETURN TO AFTER RECORDING/
PREPARED BY: SEND FUTURE TAX BILLS TO:
PETER D. RHOADES, ESQ.
RHOADES LAW OFFICE PC Union Federal Bank of Indianapolis
P 0 BOX 2271 7500 W Jefferson Blvd
HOLLAND Ml 49422 Fort Wayne IN 46804-4165
616-355-7318
CJ Uolghborhood enterpr1n <ol\edv.nl .ohp
T"-''\ DI"'Z
c:::JP<otCel
UewJlrl
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s
Commission Meeting Date: November 22, 2005
Date: November 10, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cJO 0-
RE: Nine Month Extension to Complete Construction of Home
SUMMARY OF REQUEST:
To approve a nine-month extension to allow Bill Ingalls time to complete the construction of
a single-family home on Harrison Court. Mr. Ingalls purchased the property to construct four
single-family homes on it and has completed three of them. The City has customarily
granted extensions to parties who have shown that they are dedicated to completing
construction and contributing to the beautification of the City's residential areas. Mr. Ingalls
has worked with staff to submit an alternative plan to complete construction of a home on
the property and feels that the nine month extension will allow enough time for this plan to
be completed. Mr. Ingalls is working with Tom Blake of Nexes Realty to market the
property.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
None.
11/10/05
Resolution No. 2005 -107 (c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING NINE MONTH EXTENSION TO COMPLETE
CONSTRUCTION OF FOUR SINGLE-FAMILY HOMES ON MINER AVENUE AND
HARRISON COURT
WHEREAS, Bill Ingalls has submitted a request for a time extension; and
WHEREAS, Bill Ingalls has shown a commitment to complete construction of four homes by the
completion ofthree of the homes; and
WHEREAS, the completion of the one additional home will further enhance the ambiance ofthe
City's residential area.
NOW THEREFORE BE IT RESOLVED, that Bill Ingalls be granted an additional nine months
to complete construction of the one additional single-family home at the property located on
HatTison Court.
Adopted this 22ndday ofNovember 2005.
Ayes: Gaw-ro n, Larson 1 Shephe rd 1 Spata ro, Warmin g ton , Carte r ,
an d Dav i s
Nays: No n e
Absent: None
Gail Kundinger, MMC
Clerk
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on November 22, 2005 .
By:~~~~~==~~~~ ~
Gail Kundinger
Clerk
1• 'I" 1 • 1 r 1 • 1 ' • ,. ,. •· ' • •
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- November 22, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning Department cif--
DATE: November 15, 2005
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Jessica Elsey to rehabilitate a home in the Nelson neighborhood at 476 W. Muskegon Avenue.
The home is located in a Neighborhood Enterprise Zone. The application states that the
estimated cost for rehabilitation will be $5,000. The replacement of all windows, vent and repair
roof, and remodel the front porch. 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 fmwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 6 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\476 w musl<cgon\Agcnda Itcm.doc
Resolution No. 2005-107 (d)
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 Jessica Elsey to rehabilitate a home at 476 W. Muskegon Avenue 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 for 6 years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Jessica Elsey be approved.
Adopted this, 22"d day of November, 2005.
Ayes: Gawron, Larson , Shepher d, Spataro, Warmington, Carter, and
Davis
Nays: None
Absent: None
Gail Kundinger, MMC
City Clerk
0:\Pianning\COMMON\NEZ\476 w muskegon\Resolution to Approve Ccrtilicatc.tloc
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on November 22, 2005.
Gail Kundinger,
City Clerk
0:\Pianning\COMMON\NEZ\476 w muskegon\Resolution to Approve Certificate.doc
Commission Meeting Date: November 9, 2005
Date: November 22, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c.£t-
RE: Amendment to the Purchase Agreement for 1259 Marquette
SUMMARY OF REQUEST:
To approve the amendment of the purchase agreement for the sale of a vacant buildable lot
at 1259 Marquette Street (Parcel #24-611-000-0482-00) to Garry & Earnestine Gaines, 881
Getty Street, Muskegon, MI. The lot is being offered to Garry & Earnestine Gaines for
$9,000. Garry & Earnestine Gaines will be constructing a two story, 3 bedroom, single
family home with an attached garage, which will comply with the City's Policy for Sale of
City-Owned Residential Property. The True Cash Value (TCV) for the property listed in the
Assessor's office is $12,000, and our price is set at $9,000 which is 75% of that amount.
The closing of the property must take place before or on January 13, 2006 and the seller will
not be held liable for any real estate commissions claimed by a realtor in connection with this
transaction. The amendment is needed because the buyers are no longer working with a
realtor. They are also working with a new builder for the construction and financing of the
home.
FINANCIAL IMPACT:
The sale of this lot for construction of 1 (one) new 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:
None.
Resolution No. 2005-107 ( e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE AMENDMENT OF THE PURCHASE AGREEMENT
FOR THE SALE OF A BUILDABLE LOT AT 1259 MARQUETTE STREET IN
MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, Garry & Eamestine Gaines has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0482-00, located at 1259 Marquette Street; and
WHEREAS , the price for parcel number 24-611-000-0482-00 is set by the City at $9,000, 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
fmther maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0482-00, located at
1259 Marquette Street be sold to Eamestine Gaines $9,000.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.2 LOT 482, ELY 34' LOT
483, & LOT 481 EX W 51.45'
Adopted this 2 2 ndday of November 2005
Ayes: Ga1-1ron, Larson, Shepherd, Spa taro, Warmington, Carter, and
Da v is
Nays: None
Absent: None
Gail Kundinger, M
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 November 22, 2005.
Gai l Kundinger,
City Clerk
AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT is made]I/()J!;:ib·F' ~~, 2005, by and
between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 errace, Muskegon,
Michigan 49440 ("Seller"), and GARRY & EARNESTINE GAINES, a married couple, of 881 Getty
Street, Muskegon, Michigan 49442 ("Buyer"), with reference to the following facts:
A. The parties have entered into a purchase agreement for property in the City of Muskegon
commonly koown as 1259 Marquette ("Purchase Agreement").
B. The parties now desire to amend the Purchase Agreement according to the following
terms.
Therefore, the parties agree as follows:
1. Purchase Price and Manner of Payment. The purchase price for the Premises shall be
Nine Thousand and no/100 Dollars ($9,000.00).
2. Closing. The closing date of this sale shall be on or before January 13, 2006 ("Closing").
If the closing is not completed by the stated date, then the deposit will be forfeited to the City of
Muskegon.
3. Indemnification and Hold Harmless. Buyer shall indemnifY and hold the Seller
harmless, to the fullest extent permitted by Michigan law, for any real estate commissions claimed by a
realtor in connection with this transaction.
All other terms and conditions of the Purchase Agreement shall remain in force.
The parties have executed this Amendment to Real Estate Purchase Agreement the day and year
first above written.
WITNESSES:
~ ;t/k
r
BUYER: .
~t;wit~
(
A!)o,u·.:z d
... '1
''
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal co1poration, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to GARRY & EARNESTINE GAINES, married, of 881 Getty Street, Muskegon, Michigan
49442,
... •
thefellowing described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
!.;
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 482, EASTERLY 34 FEET OF LOT
483 AND LOT 481 EXCEPT THE WEST 51.45 FEET (COMMON ADDRESS: 1259 MARQUETTE)
for the sum of Nine Thousand and no/100 Dollars ($9,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the home and driveway. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling described in the
said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (I) single family home, and it shall be owner-occupied for five (5) years
after the date of this deed. These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _ _ day of~~~~~~~' 2005.
Signed in the presence of:
L/nda ,l?,tfr-r
~~K&i.~~k:
o ~nl"\ Krvkt>Lv~~ i
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on /Jeambec 1 , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, ofthe CITY
OF MUSKEGON, a municipal cmporation, on behalf of the City.
PREPARED BY: John C. Scluier Lind. .S. tJo rr n-· , Notary Public
Parmenter O'Toole Acti~l\ in the County of !?Ju,s k~£ o 0
175 W. Apple Avenue/P.O. Box 786 @;u k${oCl County, Michigan
Muskegon, MI 49443-0786 MyComm. xpires: 9-0?S-o?
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: November 22, 2005
Date: Novernber14,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.f{jJ
RE: Rezoning request for property located at 2170 Beidler and
714 W. Hackley Avenue
SUMMARY OF REQUEST:
Request to rezone properties located at 2170 Beidler Street and 714 W. Hackley
Avenue, from R-1, One Family Residential to B-2, Convenience and Comparison
Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/10
meeting. The vote was unanimous with J. Aslakson and T. Michalski absent.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\/\pprove\2005 Approvals\2170 Beidler & 714 W. Hacklcy.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2170
An ordinance to amend the zonin2 map of the City to provide for a zone change for
certain properties from R-1 "One Family Residential" to B-2 "Convenience and
Comparison Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map ofthe City of Muskegon is hereby amended to change the zoning of the
following described properties from R-1 "One Family Residential" to B-2 "Convenience and
Comparison Business":
CITY OF MUSKEGON RIEGLERS SUB N 61.5 FT LOTS 1 & 2
And
CITY OF MUSKEGON RIEGLERS SUBDIVISION S 100 FT OF LOTS 1 AND 2
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro. Warmington. Carter, Davis
Nayes: None
Adoption Date: November 22, 2005
Effective Date: December 1 2 , 2005
First Reading: November 22, 2 00 5
Second Reading: N/A
CITYOF MU~
By: L Kundin~
a.
Gail A.
.
Clerk
2
CERTIFI CATE
(Rezoning of 21 70 Beidler Street & 714 W. Hackley Avenue from R-1 to B-2)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of
the City Commission on the 22"d day of November, 2005, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and
public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby.
Gail A. Kundmger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final
adoption.
3
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 22, 2005, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following properties from R-1 "One Family Residential" to B-2 "Convenience
and Comparison Business":
CITY OF MUSKEGON RIEGLERS SUB N 61 .5 FT LOTS 1 & 2
And
CITY OF MUSKEGON RIEGLERS SUBDIVISION S 100 FT OF LOTS 1 AND 2
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published /)~ c e.m h ~ 1 02 , 2005 CITY OF MUSKEGON
By
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
4
StaffReport [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 10, 2005
Hearing; Case 2005-43: Request to rezone the property at 2170 Beidler Street and 714 W.
Hackley Avenue from R-1, One Family Residential to B-2, Convenience and Comparison
Business, by Fred Glomb, Chalet House of Flowers.
BACKGROUND
Applicant: Fred Glomb, Chalet House of Flowers
Property Address/Location 2170 Beidler Street and 714 W. Hackley Avenue
Request: Rezone from R-1, One Family Residential to B-2,
Convenience and Comparison Business
Present Land Use: Vacant, Commercial
Zoning: R-1, One Family Residential
STAFF OBSERVATIONS
1. The subject property at 2170 Beidler Street is a vacant lot that previously had a
single family home located on it. The home was purchased by the applicant and
demolished earlier this year. The subject property located at 714 W. Hackley
Avenue houses a commercial use, Nelson Crown Bridge.
2. The properties are located adjacent to the newly constructed Chalet House of
Flowers, which opened for business earlier this year.
3. The applicant would like to develop the vacant parcel at 2170 Beidler Street for
additional parking in conjunction with the flower shop. Additional parking is
necessary for employees. Extra parking spaces for Chalet House of Flowers would
require a variance, since they already are at their maximum parking level with 13
spaces. The applicant has submitted a request to the Zoning Board of Appeals,
which will be heard at their December meeting.
4. The applicant would like to close the parking access from the alley to stop cars from
using his present parking lot as a through-way from the alley to Hackley Avenue.
5. Properties to the North are zoned R-1, One Family Residential. Directly to the South
of these two parcels the zoning is R-1, One Family Residential, but to the South of
Chalet House of Flowers the zoning is B-4, General Business. To the West directly
across Beidler Street, the zoning is B-4, General Business and RM-2, Medium
Density Multiple Family Residential. To the East is Chalet House of Flowers which
5
is zoned B-2, and beyond that on the other side of Seaway Drive the zoning is I-1,
Light Industrial.
6. Staff has received no comments regarding this request.
2071 Beidler Street 714 W. Hackley Avenue
Chalet House of Flowers parking lot Chalet House of Flowers parking lot
from Hackley Avenue from alley off Beidler
6
City of Muskegon
Planning Commission
Case# 2005-43
·-<?-· '
~~,. S~b)edPr~perly(ies)
0,. Nolioe Aru
R·1" Sln~le·f~milf Re>iden~al
RM·2 ~ Me4ium Densiy ~ultiple·f amllf Re•idenli41
9·2- Conunionoo & Comp~ri>on Bll>inu•
B-4" Gonu•IBu•ln•••
1-1- Llghllndus!J!dl
'" BOO Ful
RECOMMENDATION
The 1997 Master Plan reconnnends "Complete the full commercial development of that area
lying between Henry Street, Laketon Avenue, Seaway Drive and Sherman Boulevard".
Staff recommends approval of the request to rezone the subject properties from R-1 to B-2
because the request conforms to the goals and recommendations of the City's1997 Master
Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in
the future if the petition is approved?
7
4. Does the petitioned zoning change adversely affect the environmental conditions or
value of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan ofthe City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built
such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland,
historic sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner
that is not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located at 2170 Beidler Street and 714 W.
Hackley Avenue from R-1, One Family Residential district to B-2, Convenience and
Comparison Business district, as described in the public notice, be recommended for
(approval/denial) to the City Commission pursuant to the City of Muskegon Zoning
Ordinance, and the determination of (compliance/lack of compliance) with the intent of the
City Master Land Use Plan and zoning district intent.
8
Commission Meeting Date: November 22, 2005
Date: November 14,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (jjC/
RE: Rezoning request for properties located at 599, 545, 925, &
635 Ottawa Street, and 535, 575, and 630 E. Westem
Avenue
SUMMARY OF REQUEST:
Request to rezone the properties located at 599, 545, 625, & 635 Ottawa and 535,
575 and 630 E. Western Avenue from B-4, General Business to WM, Waterfront
Marine.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/10
meeting. The vote was unanimous with and J. Aslakson and T. Michalski absent.
0:\P\anning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\599 Ottawa etc ..doc 1
CITY OF MUSKEGON
MU SKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2171
An ordinance to amend the zoning map of the City to provide for a zone change for certain
properties from B-4 "General Business" to WM "Waterfront Marine".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from B-4 "General Business" to WM "Waterfront Marine" :
See Attachment A
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nayes:______N_o_n_e_____________________________________________________
AdoptionDate: November 22, 2005
Effective Date: December 1 2 , 2005
FirstReading: November 22, 2005
Second Reading: ___N:..../:....A
_ _ _ _ _ _ _ _ _ ____
CITY OF MUSKEG~Nj
By: t:Lt- a ~~r
Gail A. Kundinger, MMC
Clerk
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\599 Ottawa etc..doc 2
CERTIFICATE
(Rezoning of 599, 545, 625, & 635 Ottawa and 535, 575 and 630 E. Western Avenue from B-4
toWM)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Ci!( Cmrunission of the City of Muskegon, at a regular meeting of the
City Commission on the 22n day of November, 2005, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts ofMichigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: f)~).~ ,2005.
Gail . Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final adoption.
0 :\Pianning\COMMON\Zoning\City Commission llems\rezone\Approve\2005 Approvals\599 Ottawa etc ..doc 3
ATTACHMENT A
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS I-2 & PART OF LOT 3LYING N OF A
LN BEGONE LN SD LOT 34 FTS OF NE COR & RUNNING TOW LN SD LOT 28 FTS OF
NW COR SD LOT BLK I70EXC ALL THAT PART OF THE ABOVE DESCRIPTION DESC
ASBEG AT APT ON S LN OF ABOVE DESCRIPTIONSD PT BEING 49.68 FT N 58D 56M
33S W OF SELY COR OF SD DESCTH S 58D 56M 33S E 49.68 FT ALG SLY LN OF SD
DESC TO SELY COR TH'OFTH N 25D 53M 39S E 114.34 FT ALG ELY LN OF SD DESCTH
SWLY 124.09 FT ALGA 147.44 FOOT RADIUS NON-TANGENT CURVETO THE RT
HAYING A CENTRAL ANGLE OF 48D 13M 19S &A CHORD WHICH BEARSS SOD 06M
!8S W 120.46 FT TO POB
AND
CITY OF MUSKEGONREVISED PLAT OF 1903LOT 2-3 & N 30FT LOT 4 BLK 158
AND
CITY OFMUSKEGONREYISED PLAT OF 1903LOTS 4 & 5 BLK 170 ALSO PART OF LOT
3 BLK 170DESC AS FOLCOM@ MOST SLY COR OF LOT 3TH NELY ALG WLY LN
OTTAWA ST 44 FTTH NWLY TO APT ON ELY LNWESTERN AVE 38 FTNLY OF MOST
WLY COR OF LOT 3TH SWLY 38FT TO MOST WLY COR OF LOT 3TH SELY TO
BEGEXC SHORELINE DR & THAT PRT OF REALIGNED OTTAWA ST
AND
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 6-12 INC BLK 170EXC SLY 40FT OF
WLY 75FT OF LOT 8ALSO EXCTHAT PART OF LOTS 10 & 11 DESC ASBEG AT A
POINT ON S LN SD BLK 170SD PT BEING 91.70 FT WLY FROM SELY COR SD BLK
!70TH S 88D 02M O!S E 91.70 FT ALG S LN SD BLK 170TO SELY COR TH'OFTH N 25D
53M 39S E 48.63 FT ALG ELY LN SD BLK !70TH SWLY 120.13 FT ALGA 669.29 FT
RADIUS NON-TANGENT CURVE TORT HAVING A CENTRAL ANGLE OF IOD 17M 02S
&A CHORD WHICH BEARSS 70D 12M 59S W 119.97 FT TO POB
AND
CITY OF MUSKEGONREYISED PLAT OF 1903LOT I BLK !58
AND
CITY OF MUSKEGONREVISED PLAT OF 1903S 36 FT OF LOT 4 & ALL OF LOT 5 BLK
!58
AND
CITY OF MUSKEGONREVISED PLAT OF !903SLY 40 FTOF WLY 75FT LOT 8 BLK 170
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc 5
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 22, 2005, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of the
following property from B-4 "General Business" to WM "Waterfront Marine":
See Attachment A
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date ofthis publication.
'2005 CITY OF MUSKEGON
By __~~-=~~~~~-----
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc 4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 10, 2005
Hearing; Case 2005-44: Staff initiated request to rezone the properties at 599,
545, 625, & 635 Ottawa Street and 535, 575, and 630 E. Western Avenue
from B-4, General Business to WM, Waterfront Marine.
BACKGROUND
Applicant: City of Muskegon
Property Address/Location: Multiple properties on Ottawa Street and Western
Avenue (see above)
Request: Rezone from B-4 , General Business, to WM,
Waterfront Marine
Present Land Use: Commercial watercraft sale, serv1ce, and storage;
vacant
Zoning: B-4, General Business.
1. The subject properties are located adjacent to a WM, Waterfront Marine
zoning district.
2. Properties to the Northeast, and South are zoned B-4, with the WM district
located to the North/Northwest. Properties to the Southwest are zoned B-2.
3. A parcel of City-owned property was sold earlier this year to Sportfisherman' s
Center for use as outdoor storage of boats.
4. Uses in the area are more compatible with the WM district that what is
generally located in a B-4 district. With this area being so close to the
lakefront, it makes sense to have marine type commercial businesses located
here.
5. The Master Plan's Future Land Use Map shows this area as "Commercial",
with waterfront marine commercial uses not specifically listed as a separate
use.
6. Rezoning of this property would bring certain properties located within the
rezoned area into zoning compliance, thus making any expansion or sign
issues easier to deal with.
0:\Planning\COMMON\Zoning\City Commission Items\rczonc\Approve\2005 Approvals\599 Ottawa etc .. doc 6
7. Staff has received no comments regarding this request.
Sportfisherman 's Center
599 Ottawa Street 575 Ottawa Street
View of the Sonth end of 599 Ottawa Street
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc 7
Muskegon County Lift Station Building
City of Muskegon
.
Planning Commission
Case# 2005-44
·-<?-·
.
1!111 ~ Sub)~e!Property(>u)
0- t<otioeAr ..
1400 Ful
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc g
RECOMMENDATION
The 1997 Master Plan Future Land Use Map shows the subject area as
"Commercial". Since the uses in the area will remain commercial in nature by
providing services necessary to a Waterfront Marine district, staff recommends
approval of the request to rezone the subject properties from B-4 to WM because
the request conforms to the goals and recommendations of the City's1997 Master
Plan
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed
which justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might
result from the approval or denial ofthe petition?
3. What is the impact of the amendment on the ability of the city to provide
adequate public services and facilities and/or programs that might
reasonably be required in the future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental
conditions or value of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted
Future Land Use Plan of the City?
6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed
structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest,
wetland, historic sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent
with those allowed in the vicinity?
c. Would the zoning change confer a benefit to the property
owner that is not generally available to other properties
in the area?
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approvc\2005 Approvals\599 Ottawa etc ..doc 9
d. A spot zone is appropriate if it complies with the Master
Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 599, 545, 625, & 735
Ottawa Street and 535, 575, & 630 E. western Avenue from B-4, General
Business district to WM, Waterfront Marine district, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant
to the City of Muskegon Zoning Ordinance, and the determination of
(compliance/lack of compliance) with the intent of the City Master Land Use
Plan and zoning district intent.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approva\s\599 Ottawa etc .. doc 10
Commission Meeting Date: November 22, 2005
Date: November 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c...RJV
RE: Rezoning request for property located at 896 Home Street
SUMMARY OF REQUEST:
Request to rezone property located at 896 Home Street from R-1 One Family
Residential to RM-3 High Density Multiple-family Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map, Master Land Use Plan and zoning district intent.
COMMITTEE RECOMMENDATION:
The Planning Commission voted to recommend denial of the request at their 11/10/05
meeting. The vote was unaimous with J. Aslakson and T. Michalski absent.
11/14/2005
CITY OF MUSKEGON
RESOLUTION #2005- 107 (h)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 896 Home Street was considered by the Planning
Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on November 10,
2005, and;
WHEREAS, the Planning Commission recommended denial ofthe request because it is not consistent
with the future land use map, Master Land Use Plan and zoning district intent.
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 22nd day ofNovember, 2005.
Ayes : Ga\vron, Larson, Shepherd, Spa taro, Wa rrnington, Carter,
and Davis
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission ofthe City of Muskegon, County of Muskegon, Michigan, at regular meeting held
on November 22, 2005.
Gail A. Kundinger, MMC
City Clerk
2
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November I 0, 2005
Hearing; Case 2005-46: Request to rezone the property at 896 Home Street from R-1, One
Family Residential to RM-3, High Density Multiple Family Residential by James R. Duncan,
Jr., Muskegon Adult Foster Care.
BACKGROUND
Applicant: James R. Duncan, Muskegon Adult Foster Care
Property Address/Location: 896 Home Street
Request: Rezoning from R-1, One Family Residential to RM-3, High Density
Multiple Family Residential
Present Land Use: Church
Zoning: R-1, One Family Residential
STAFF OBSERVATIONS
1. The subject property is currently operating as Central Assembly of God Church. At one time a
school also operated on the property that was run by the church.
2. The property is for sale and Pastor Duncan's church is interested in purchasing it for use as a
church with a portion of its use being an adult foster care large group home. This would allow for
up to 20 residents.
3. Pastor Duncan also stated that their future plans may include some senior citizen housing on the
site, but where that would be located isn't indicated on the site plan that was presented to staff.
4. Properties to the North, East and West are zoned R-1, One Family Residential. To the South of
the property is a strip of OSC, Open Space Conservation.
5. The Zoning Ordinance in its preamble states: "The RM-3 High Densith Multiple Family
Residential Districts are intended to be located in planned areas in and adjacent to the Muskegon
Central Business District ..." This language seems more appropriate for development of multiple
unit apartment houses, where the population would be served by central business services rather
than adult foster care residents.
6. The property is located in Marquette Neighborhood. This area has been experiencing a rebirth of
new housing since the early 1990s. During this time approximately 100 new single-family homes
have been built in this neighborhood.
3
7. Although adult foster care is residential in nature, it is also a business for those running it. It
increases the residential density of the site, requires employees, and increases traffic in the
vicinity.
8. Of the 28 adult foster care homes located in the City, 6 of them are located within the Marquette
Neighborhood.
9. Staff suggested that Pastor Duncan meet with the Marquette Neighborhood Association to let
them know of their plans for the property and seek feed-back from the neighborhood residents.
10. Adequate parking is available on site for the adult foster care use.
11. Staff has received no comments on this request.
View of the Church from Home Street View of the rear of the church from Oak Ave.
View of the building to be used for adult foster care
4
City of Muskegon
.
Planning Commission
Case# 2005-46
·-<?-·
.
IIIII- SubjociProperty(lu)
MC
0 - l!olloe Aru
R·l• Single-r~milf Rulduti•l
B-2"' Convonl•n~o & Comp~rlson Buolne••
B-4- Guu•IBu•inou
~~C" Medk<•IC•r•
OSC • Open Sp••• Consorv•Hon
1400 feel
RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as "public/quasi-public". The
Master Plan also states: "It is the goal of the Master Plan to maintain the residential integrity of the
sub area ... ". Since maintaining single family homes was the intent of this language, and also taking
into consideration the number of other adult foster care homes already located in the Marquette
Neighborhood, staff recommends denial of the rezoning request.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
5
3. What is the impact ofthe amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved
4. Does the petitioned zoning change adversely affect the environmental conditions or value of
the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land Use
Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning change and resulting allowed structures were built such as:
a. Sul"face water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or
wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in the
vicinity?
c. Would the zoning change confer a benefit to the property owner that is not generally
available to other properties in the area?
d. A spot zone is appropl"iate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 896 Home Street from R-1, One Family
Residential district to RM-3, High Density Multiple Family district, as described in the public notice,
be recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the
City Master Land Use Plan and zoning district intent.
6
Date: November 8, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Defined Contribution Retirement Plan for New Hires (Fire, Non-Union)
SUMMARY OF REQUEST: The city commission has previously approved a contract with the
firefighters union that includes provision for new hires to be members of a defined contribution retirement
program in lieu of membership in the defined benefit police and fire retirement system. The new fire DC
plan calls for a fixed city contribution of 10% and an employee contribution of 6% of wages. Present
employees may also join the DC plan on an elective basis during a window period.
We are also recommending at this time implementation of a similar plan for new non-union employees.
The outline of the program is the same except for lower contribution rates (6% city; 3% employee)
reflecting the fact that these employees are covered by social security (fire employees are not).
Approval of the attached resolutions and ordinance amendments is the final step in putting in place the
mechanics of these new programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and better define the
city's annual pension costs. We are negotiating similar arrangements for other employee groups.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
1
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 217 2
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-34 of the Code of Ordinances of the City of Muskegon concerning the General
Employee Retirement System is amended to state as follows:
(a) A person who is in the employ of the city in a membership position shall be a
member of the retirement system. A membership position is a city position normally requiring
1,500 or more hours of work in a calendar year, except as provided in subsection (b) of this
section.
(b) The following types of city employment are not membership positions:
(I) Contractual employment;
(2) Employment compensated on a fee basis;
(3) Employment as an elected official; and
(4) Employment as a policeman or fireman as defmed by the city police-
fire retirement system established and maintained in accordance with Chapter
XIX of the Charter of the city.
(c) A member who ceases to be employed by the city in a membership position shall
thereupon cease to be a member.
(d) The membership of the retirement system shall not include city non-union
employees who become employed by the City afier July 1, 2005, and city non-union employees
who elect to transfer their interest in the City's defined benefit plan to the City's defined
contribution retirement system effective January 1, 2006.
(e) W The board of trustees shall decide all questions concerning the membership
status of any person.
The city manager may elect to be excluded from membership in the retirement
(/) fe}
system. The election shall be made in writing in the form prescribed by the retirement system
within 90 days after the date the individual becomes city manager. As used in this subsection,
"city manager" means the individual who is appointed by, serves at the pleasure of and is
designated by the city commission to be the city manager. The following conditions shall apply
to a city manager regarding membership in the retirement system:
(I) If the city manager fails to elect to be excluded from membership in the
retirement system within 90 days after becoming the city manager, the city
manager shall remain a member of the retirement system.
(2) Upon becoming a member in the retirement system, the city manager
shall not have the option to elect to be excluded from the retirement system
unless the election is made within the 90-day period.
C:\Do~;umcnts and Settings\bocs\j\Lncal Settings\Temporary Internet Files\OLKB\CH0452.DOC'
(3) Ifthe city manager elects to be excluded from membership in the
retirement system, the city manager may not revoke that election nor be~;ome
a member of the retirement system on account of employment by the city.
(4) If an individual employed by the city and a member of the retirement
system is appointed city manager, the individual shall remain a member of the
retirement system unless the individual elects in writing within 90 days after
the date appointed as city manager to be excluded from membership in the
retirement system. If such individual was previously a member in the
retirement system and elects to be excluded from membership, the following
conditions shall apply:
a. The individual shall be paid the individual's accumulated
contributions, and all credit;? service shall be forfeited unless he elects to be
deferred under subsection (~)(4)d . ofthis section.
b. The individual may not again become a member of the
retirement system on account of employment by the city.
c. The individual's forfeited credited service and any service
rendered the city while the individual was excluded from membership shall
never be reinstated or credited to the individual. -A
d. Instead of proceeding under subsections (.e)(4)a. , b. and c. of
this section, a previously employed individual who has enough years of
credited service to be vested in the plan at the time of such election within 90
days after appointment as city manager may elect to terminate participation in
the plan and remain vested therein as in the case of a deferred retiree and
receive benefits accordingly which are limited by the years of credited service
at the time of the election. In such case, no withdrawal of employee
contributions shall be allowed.
This ordinance adopted:
Ayes: Gawr o n, Larso n, Sheph erd , Spataro, Wa r mington , Carter, Davis
Nays: __~N~o~n~e~-------------------------------------------------
Adoption Date: November 2 2, 2005
EffectiveDate: December 13, 2005
First Reading: November 8 , 2005
SecondReading: November 22, 2005
CITY OF MUSKEGON
By Jla:;_t
Gail A. Kundinger, MMC
City Clerk
C:IDotumenls and Scllingslboeslj\ Local Sellinb>siTemporary Jntcmct FilesiOLKB\CJi0452.DOC
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission ofthe City of Muskegon, at a regular meeting of the
City Commission on the d 'Cb day of f) ~ , 2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City ofMuskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: I\ ~ 23 , 2oos
Gail A Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final adoption.
C:IDocumcnls and Scllinb'Sibocslj\Local SellingsiTcmporary l nlemel Files10LKBICH0452.DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ~/cm/.•c
dc2, 2005, the City Commission of the City
of Muskegon adopted an amendment to Section 62-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:
(d) The membership of the retirement system shall not include city non-union
employees who become employed by the City qfter July I, 2005, and city non-union employees
who elect to transfer their interest in the City's defined benefit plan to the City's defined
contribution retirement system effective January I, 2006.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: /Jece~rJJ~r ..3 , 2005 By~~~--~--~~~-=~
Gail A. Kundinger, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
C:\Documents and Settings\boesij\Local Settings\Temponuy Interne! Files10LKB\CH0452.DOC
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 217 3
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-233 of the Code of Ordinances of the City of Muskegon concerning the Police-Fire
Retirement System is amended to state as follows:
(a) The membership of the retirement system shall include all police officers and
firefighters who are in the employ of the City and all police officers and
firefighters who become employed by the City, except as provided in subsection
(b) of this section.
(b) The membership of the retirement system shall not include:
(I) Temporary or civilian employees of the police or fire departments;
(2) Special officers or special firefighters;-61'
(3) Privately employed police officers or firefighters;
(4) All unionized firefighters who become employed by the City as firefighters
after December 31, 2004;
(5) All unionized firefighters who elect to transfer their interest in the City's
defined benefit plan to the City's defined contribution retirement system
effective January 1, 2006; or
(6) All non-unionized police officers and firefighters who become employed
by the City as police officers or firefighters qfter July 1, 2005.
(c) Except as provided in subsection (d) of this section and except for the purpose of
subsection 62-234(c), should any member cease to be employed by the City as a
police officer or a firefighter he shall thereupon cease to be a member.
(d) A member who remains in the employ ofthe City but ceases to be a police officer
or a firefighter shall remain a member of the retirement system for the duration of
his city employment. A member who retains membership in this retirement
system pursuant to Section 62-233(d) shall be required to make contributions and
is afforded retirement benefits as if the member had not left employment within
the Police or Fire Department.
G:\EDSI\FILES\00 I 00\0 182\0RD IN\CF824 9. DOC
(e) In any case of doubt as to the membership status of any person the board shall
decide the question within the meaning of the provisions of this article.
This ordin~ce adopted:
Ayes: Gaw-ron 1 Larson 1 Shepherd 1 Spa taro 1 Warmington 1 Carter 1 Davis
Nays: __~~~-----------------------------------------------
Adoption Date: November 2 2 1 2005
EffectiveDate: December 131 2005
First Reading: November 8 1 200 5
Second Reading: November 221 2005
CITY OF MUSKEGON
By ~~~~~~~~~~~
Gail A. Kundinger, MMC
City Clerk
G :\EDSI\FILES\00 100\0 182\0RD!NICF8249.DOC
.CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
City Commission on the .::2 d-. day of ~ n ,
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: J! - 2_~ , 2005
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final adoption.
G:\EDSI\FILES\00 I00\0 18210RDINICF8249 .DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on !lkvcmhec
o(;;_ , 2005, the City Commission of the City
of Muskegon adopted an amendment to Section 62-233, Retirement System Membership, under
the Police-Fire Retirement System ordinance of the City of Muskegon, summarized as follows:
(b) The membership of the retirement system shall not include:
(1) Temporary or civilian employees of the police or fire departments;
(2) Special officers or special firefighters;-&
(3) Privately employed police officers or firefighters;
(4) All unionized firefighters who become employed by the City as firefighters
after December 31, 2004;
(5) All unionized firefighters who elect to take part in the City's defined
contribution retirement system effective January 1, 2006; or
(6) All non-unionized police officers and firefighters who become employed
by the City as police officers or firefighters after July 1, 2005.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: /)e-cun be r 3 , 2005 By__~~~~~~--~~-
Gail A. Kundinger, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
G:\EDSI\FILES\00 I00\0 182\0RD IN\CF824 9 .DOC
Commission Meeting Date: November 22, 2005
Date: November 15, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cfoC..-
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate - ADAC Plastics
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, ADAC Plastics, 1801 Keating, has
requested the issuance of an Industrial Facilities Exemption Certificate for the property
located at 1801 Keating, Muskegon. The total capital investment is approximately
$666,454.00 in personal property and $33,409.00 in real property. This request qualifies
ADAC Plastics for a term of twelve (12) years for real property and nine (9) 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 twelve (12) years for real property and nine (9) years for personal property.
COMMITTEE RECOMMENDATION:
None
11115/2005
Resolution No. 200 5-l 08 (a)
MUSKEGON CITY COMMISSIQ_N
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
ADAC PLASTICS
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on February
27, 1997, this Commission by resolution established an Industrial Development District as
requested by ADAC Plastics, 1801 Keating, Muskegon, Michigan 49441; and
WHEREAS, ADAC Plastics 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
November 22, 2005, 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 ADAC Plastics, 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 MUSKEGONPORT CITY INDUSTRIAL CENTER PART OF LOT 15 DESC AS COM AT
NE COR OF SAID LOT FOR POB, TH S 01D 10M 38S W (RECORDED ASS 01D 12M 30S W)
ALG ELINE OF SAID LOT A DIST OF 435 FT TH S 86D 57M 07S W A DIST OF 430.32 FT TH N
87D 40M 25S W A DIST OF 532.92 FT TO THEW LINE OF SAID LOT TH N 01 D 01 M 46S
E(RECORDED AS N 01D 03M 06S E) A DIST OF 441.18 FT TO THEN LINE OF SAID LOT, TH
S 89D 42M 20S E ALG SAID LINE A DIST OF 963.22 FT TO POB. CONTAINS 9.93 ACRES
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of nine (9) years on personal property and twelve (12) years on real property.
11115105
Adopted this 22nd Day of November 2005.
Ayes: Shepherd 1 Spa taro 1 Warmington 1 Carter 1 Davis 1 Gaw·ron 1 and
Larson
Nays: None
Absent: None
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 me ting held on No mber 22, 2005.
11/15/05
Nov 08 05 04:35p Cit~ of Musk~gon Planning 231 724 6780 p.2
Q1NTR/\CT FOR 'lAX ARATr.ME]\IT
Act 1\!8 Public Act:; of 1074
' '~ .. ,
A<.il{ FEMENT betwet:n CITY Of MUSKF.CiON, a municipal ~;oqloration of <)13 Terrace
Strcc•t, Muskegon, Michigan 49441, ("City") and ADAC Plasti<:s ("Company").
Recitals:
A. The Company has applied to City tor the establbhml'lll of an industlial development district or
industrial rch;~bil itation district pursuant to the provisiuns or Act 198 ofthe Public Acts of 1974, as
amend<::<.!, which act requires a contract between the City and the Company to be agn.;~;d and submitted
with th<: Company's subsequent anticipated applicoation tor an industtial t;;cililks cxcnlption
<:crtillcatc.
1:3. That in acldition to the statutory rcquir(,Jll(:nt, the City has d<:tcnnined that it is in the be:;t
intc:rc8ts of the taxpayers, properly owners and rcside11ts of the City thatthi~ Agre(am~nt be approwd
and executed prior to the <;;~tablishmcnt of the requested district, and the City deems this Contract,
together with the L'(mditions set fi:>rth in the said Act to com:litutc a neccsswy element in the City'~
dctem1ination whether or not t(> create the district.
C. The Company in tenets to install th<: project set fo1th in its application ("projc<:t") which it
bdi<:VCS qua!illes t(.r the process of I:Slab]ishing the district and the application l(>r indL!Stria! facilitieS
ex<::mption C(:rtificme.
'< '•/•
D. The City, provided this A!,'T<;:Cment is executed, will detenninc whether to create the district
based upon the potential fbr the produc:tion of penn anent jobs, the continuation, stabili7:ation or
increase of economic a<:tivity, planning and zoning considerations and the City's general plan and
intentions regarding c<:unomic development. In addition to the City policy considerations and
predictions that the Company's proposed district and cerlilicatc benellt the community in those ways,
the City has ti.nther d~;tcnnin(:d that the contractual comElitmems made by the Company to thereby
assist the community shall be binding on the Company an<.ln~ccssary to continue the tax exemption
made possibk by the ccrtitlcate.
E. This contract shall become effc~tive upon the issuance of an lndustl"inl Fncilities Tax
Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
I. COMPANY ~rJREEMENT. The Company in·evocably commits tu the iHvcstmcnt, job
retention nncl job creation promises made in its application, a copy of which is allfiChccl here!() and
incorporated herein. lu particular the Company agrees:
I. I Thal __SO% ··-percent ol' th<: promised n~w jobs shall be in place with lull·timc:
employees on or before Dec:ember 31~2<.~.~---' and 50% percent of the ~aid
jobs shall he in place with full tim<' employees on or before ~une 30, 20~ finally,
100% of the jobs shall bt: lilkd ami in ex.istcnce with full-time employ~"'~ by a date no
Pnge I
City of Muskegon
Industrial Facilities Exemption
Application
Project Summary:
ADAC PLASTICS, INC., an existing manufacturing company located at 1801 Keating Avenue, Muskegon,
Michigan, is installing new machinery and equipment to expand its present operation. The company is a manufacturer
of engineered products, primarily for the automotive industry. Due to the fact that the company is investing $666,454 in
personal property, $33,409 in real property and is creating 20 new employment opportunities, it is eligible for a nine (9)
year exemption for personal property, and a 12 year exemption for real property.
Employment Information:
Racial Characteristics:
White 323 67%
Minority 158 33%
Total 481
Gender Characteristics:
Male 184 38%
Female 297 61%
Total 481
Total No. of Anticipated New Jobs: 20
Investment Information:
Real Property: $ 33,409
Personal Property $666,454
Total: $699,864
Property Tax Information: (Annual) All Jurisdictions Q!y_Onjy
Total New Taxes Generated $ 17,846 $ 3,849
Value of Abatement $ 8,923 $ 1,924
Total New Taxes Collected $ 8,923 $ 1,924
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $6,240
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract e No
:,
Taxes Paid In Full es) No
~
'ngC
Ken Jam~~
Affirmative Action Director
11/15/05
ATTACHMENT TO IFT APPLICATION
Adac Plastics, Inc.
AlTACHMENT 14
AFFIRMATIVE ACTION/EEO POLICY
Adac Plastics, Inc.
Affirmative Action Plan
Adac Plastics Muskegon Plant management will continue to work with the City of Muskegon's
Affirmative Action Director and the Planning Department to review, maintain, and improve our
Affirmative Action Plan.
Policy Statement
It will be the policy of Adac Plastics, Inc. to provide equal employment opportunity in its
workforce on the basis of merit and without discrimination because of race, color, religion, sex,
national origin, age, disability, weight, height, veterans or marital status.
A review of the company's workforce regarding minority and women will continue to be a
priority as we continue to grow.
The company will continue to strive to eliminate any and all barriers which may prohibit full
participation from minorities and women in the workforce at Adac Plastics Muskegon plants.
Adac Plastics Muskegon Plants will continue to recruit minorities and women from the greater
Muskegon area to become part of the company in the future.
Adac Plastics Muskegon Plants will continue to work to interview minority candidates and
women who meet the minimwn qualifications to participate in the company's workforce.
The above policy is hereby reaffirmed by:
~llif~~ erryWil ams
:President/Managing Director
Adac Plastics, Inc.
May 5, 2000
11115/05
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: November 22, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Fifth St., Campus Ave. to Merrill Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Fifth St. from Campus Ave.
to Merrill Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$49,344.00 would be spread against the twenty seven- (27) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-108 (b)
Resolution Confirming Special Assessment Roll
For Fifth St., from Campus Ave. to Merrill Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 8, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Fifth St., Campus Ave. to Merrill Ave.
Continued ...
3. The Clerk is directed to endorse the certificate ofthis confinnation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confinnation.
This resolution passed.
Ayes: Warmington, Carter, Davis, Gawro n, Larson,
Shepherd, and Spataro
Nays: ___N_o_n_e____________________________________________________
. City ofMZ ..oA
By ~ a. ae.·.
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act ofthe State of Michigan,
Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.
~ityofMusk~ .
By 0" , ...
EXHIBIT A
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Fifth Street between Campus & Merrill
----------------------------------·-------------------~~
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
WASHINGTON AVE.
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1599 Fifth St., Campus Ave. to Merrill 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 lOth DAY OF NOV MBER 2005.
Q_
SUBS~RIBED AND S'/kRN TO BEFORE ME THIS
/ jf DAY OF t~i:,~m r be , 2005.
c:tun:Jq zS) ' .~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9'- ,2S- cJ (.,
November 10, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
FIFTH ST., CAMPUS AVE. TO MERRILL ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $220,000.00 of which
$49,344.00 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2112 based on 66 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2112 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $211.2 PER YEAR
Due Date: January 23rd, 2006
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet. entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
~~&,~,>~C<>(d:i-4~~~
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other 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 (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the 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
FIFTH ST., CAMPUS AVE. TO MERRILL.- H-1599
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. ·.· . .· .. ·..
.
..
. .. . . ·.· . HOUSEHOLD INFORMATION .
.·.. ·. •. ··.
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birth date: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
•• ·. . ·. ·. . . . .·· · .. •••• .•
.
...... .. < INCOME INFORMATION ·.·
•
i .•.. •··... •. . ·•·.· ·.· ·.··.•· .................... ·... ·.···.· ···•··•·······
..
.· ..
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
.
. .... .. ..
>
. ·
.·
·. •. . . . ··.•. . · .. PROPERTYINFORJ\IIATION······ ··.•.
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be cunent 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 information in this application, and all infonnation furnished 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 reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
FIFTH AVE. CAMPUS AVE. TO MERRILL ST.
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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 chmt 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
income.
2004
65% MEDIAN HOUSEHOLD INCOME CHART •.•
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
,/ 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, mortgage, 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 pi'Operty insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and retum it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The Ci()l resen,es the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
AND
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
All parcels abutting Ireland Ave. from Davis St. to Franklin St.
And
All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: November 12, 2005 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
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice.doc
RECEIVED
CI1Y OF MUSKEGON
CITY OF MUSKEGON
MAR 2 9 2005'
Resolution No. 2005-25(d)
ENG~~EERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Fifth Street, Campus to Merrill
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 8, 2005 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 8, 2005, there were 23.32% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
l. ·. The City Commission hereby declares a special assessment district to include the
·property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Shepherd and Gawron 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 22.74% 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: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
CITY OF MUSKEGON
By ~o. ~
Gail A Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 8, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ib£d~
EXHIBIT A
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Fifth Street between Campus & Merrill
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
WASHINGTON AVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Fifth St. Campus Ave. to Merrill 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 25TH DAY OF FEBRUARY,
2005. I I
- ~~
GAIL A. KUNDINGER, CITY C
SUBSCRIBED AND SWQRN TO BEFORE ME THIS
otr:r~, DAY oF /7/c:r rcA , 2oos.
~ g<j_ &f;A
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 7-o<<J-{J h
H 1599 HEARING DATE NOVEMBER 22,2005
FIFTH ST., CAMPUS AVE. TO MERRILL ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-387-0006-0 1288.0 5TH ST WASHINGTON WILLIA 41 PUTANM ST SW GRAND RAPID Ml 49507 $2,112.00 $0.00 $2,112.00
24-205-387-0006-1 1296.0 5TH ST ENGLE REALTY PO BOX 503 MUSKEGON Ml 49443 $2,112.00 $0.00 $2,112.00
24-205-387-0007-0 1304.0 5TH ST ROBERTS BEN JR 864 EMERALD ST MUSKEGON Ml 49442 $2,112.00 $0.00 $2,112.00
24-205-387-0007-1 248.0 MASON AVE ROBERTS BEN JR 864 EMERALD ST MUSKEGON Ml 49442 $2,112.00 $0.00 $2,112.00
24-205-392-0006-0 1330.0 5TH ST NELSON NBHD IMPRO 1330 5TH ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-392-0006-1 1336.0 5TH ST SINGLETON JAMES L 3925 E APPLE AVE MUSKEGON Ml 49442 $2,112.00 $0.00 $2,112.00
24-205-392-0007-0 1346.0 5TH ST MOORE INVESTMENT PO BOX 5377 MUSKEGON Ml 49445 $2,112.00 $0.00 $2,112.00
24-205-392-0007-1 1352.0 5TH ST JACKSON DOROTHY J 1352 5TH ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-397-001 0-0 1368.0 5TH ST ELIJAH ISAIAH ET AL 1368 5TH ST MUSKEGON Ml 49441 $1,413.44 $0.00 $1,413.44
24-205-397-0010-1 1374.0 5TH ST MORTGAGE ELECTRO 1270 NORTHLAND DR SAINT PAUL MN 55120-1 $1,488.00 $0.00 $1,488.00
24-205-397-001 0-2 1378.0 5TH ST MAYBANKS GEORGE 1378 5TH ST MUSKEGON Ml 49441 $1,578.56 $0.00 $1,578.56
24-205-397-0009-0 1384.0 5TH ST WILLIAMS ELTON D 1384 5TH ST MUSKEGON Ml 49441 $1,504.00 $0.00 $1,504.00
24-205-397-0009-1 1388.0 5TH ST COOPER IRENE 1388 5TH ST MUSKEGON Ml 49441 $1,386.56 $0.00 $1,386.56
24-205-397-0009-2 1392.0 5TH ST BISSON RICHARD E 1392 5TH ST MUSKEGON Ml 49441 $1,525.44 $0.00 $1,525.44
24-205-388-0001-0 1285.0 5TH ST BARNES CLIFFORD 829 TEMPLE SE GRAND RAPID Ml 49507 $1,408.00 $0.00 $1,408.00
24-205-388-0001-1 1291.0 5TH ST JENKINS EDDIE B 1291 5TH ST MUSKEGON Ml 49441 $1,408.00 $0.00 $1,408.00
24-205-388-0001-2 1297.0 5TH ST BABBITT LYLE B/PHYL 1297 5TH ST MUSKEGON Ml 49441 $1,408.00 $0.00 $1,408.00
24-205-388-0012-0 260.0 MASON AVE KING DAVID LODGE 20 PO BOX 1647 MUSKEGON Ml 49443 $2,112.00 $0.00 $2,112.00
11/23/2005
Page 1 of 2
H 1599 HEARING DATE NOVEMBER 22,2005
FIFTH ST., CAMPUS AVE. TO MERRILL ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-391-0001-0 261 .0 MASON AVE STEWART ETHEL 261 MASON MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-391-0001-1 1335.0 5TH ST HARRIS LUVENIA 1335 5TH ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-391-0014-0 1345.0 5TH ST WILLIAMS BOBBY J 1345 5TH ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-391-0013-1 1353.0 5TH ST HOWARD GREGORY C 1353 5TH ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00
24-205-398-0001-0 223.0 STRONG AVE JENKINS GLEN 223 STRONG AVE MUSKEGON Ml 49441 $1,120.00 $0.00 $1,120.00
24-205-398-0001-1 1375.0 5TH ST DEUTSCH JOSEPH 1375 5TH ST MUSKEGON Ml 49441 $2,240.00 $0.00 $2,240.00
24-205-398-0014-0 1385.0 5TH ST WILLIAMS ELTON 1385 5TH ST MUSKEGON Ml 49441 $1,472.00 $0.00 $1,472.00
24-205-398-0014-1 1389.0 5TH ST PAAUWE JESSICA F 1389 5TH ST MUSKEGON Ml 49441 $2,240.00 $0.00 $2,240.00
24-205-398-0013-0 1403.0 5TH ST CROCKER JAMES D/K 1403 5TH ST MUSKEGON Ml 49441 $1 ,696.00 $0.00 $1,696.00
TOTALS . ... - --- .. ---- ---· ----- -- ---- -- - --- -- - - ... ----- ----- ---· --- $49,344.00 $0.00 $49.344.00
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARDO~SESSORS
L/~~
~~u /q/~
LARRY MILLARD, WfN6 DIRECTOR, eJU TY EQ'tf'~LI~~T'_::~ DATE
{!~ ~
/~ # I~ y JtH"v-:;)._9:/ d-o o5
CLARA SHEPHE~r CITY COMM ISSIONER DATE
~~0'~.
/STE~EN GAWRON CITY COMMISS IONER DATE
/Z- ~ - os-
11 /23/2005
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: November 22, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Ireland Ave., Franklin St. to Davis St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Ireland Ave. from Franklin
St. to Davis St., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $25,995.57 would be spread against the twenty nine- (29) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-lOB(c)
Resolution Confirming Special Assessment Roll
For Ireland Ave. from Franklin St. to Davis St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 22, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (1 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Ireland Ave., Franklin St. to Davis St.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: ___D_a_v__ G_a_w_r_o_n~,~L_a__
i_s_,__ r_s_o_n~,__S_h_e~p~h_e_r_d
~ , __
S~p_
a_t_a_r_o~,~-----------
Warmington, and Carter
Nays: ___N_o_n_e_____________________________________________________
CityofM~
By ~Q- 0~
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 ofthe Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.
.do . CityofMus~
By .L Q. ~~
EXHIBIT A
IRELAND, DAVIS TO FRANKLIN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Ireland, Davis to Franklin
·-------------------- ..___..
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
......
Vl I FOREST
II AVE
I
>-
<( 2: <:
t3 5;! ~
,~ ~, ,~
I DALE AVE
I II II I
~I
Cl II II I
LARCH AVE
I II II I
I II LAKETON AVE
II I
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1600 Ireland Ave., Franklin St. to Davis 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 TilE I Oth DAY OF N~ER 2005.
- ~' I
GAIL A. KUNDINGER, CITY CLE
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ sr DAY OF IJc.
&. ~trul(c , 2005.
~/fA RSi ilk
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES ! ~,;;s- oC
November 10, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $104,000.00 of which
$25,995.57 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $876.94 based on 53.8 feet assessable front footage at $16.3 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $876.94 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $87.69 PER YEAR
Due Date: January 23rd, 2006
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
!I //
/ .J})t_/7 ?1?'/rrv~f;t//h<tv
tl
M~hammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other 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 (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) 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.
II. 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
IRELAND AVE., FRANKLIN ST. TO DAVIS ST .. H-1600
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 Birthdate Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
.
·..
. . .
•••
·.·
. . . ·. .c . .·
. :.· .. INCOME INFORJ\1ATION ...· ··.··>... ·.·.. ···....•..... · ·.
......
..
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 current to qualify and will be verified by CDBG staff)
.·· .
.· ··..
· ....
. ·..
·. •. OWNER'S SIGNATURE ·•·· < .·.··.. .. >. ·..
.
... ... ··..
· :·. ············ ..··········.···. .·
Owner's Signatnre: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
!hat all information in this application, and all infonnation furnished in support of !his 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 reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
IRELAND AVE., FRANKLIN ST. TO DAVIS ST. H-1600
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- Ifyou have already applied, please discard.
Deat· Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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:
..I 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
65% MEDIAN HOUSEHOLD INCOME CHART
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
..f 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, mortgage, 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 .
..I 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,MI49440
For fut"ther information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verify all application information. If current owner sells the home prior to the f..pecial assessment confirmation,
the application is no Iunger valid. The City also resen1es the right to reject any applications that contains falsified information or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
AND
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
All parcels abutting Ireland Ave. from Davis St. to Franklin St.
And
All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose ofthese hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: November 12, 2005 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
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projccts\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice. doc
RECEIVED
CITY OF MUSKEGON CITY OF MUSKEGON
Resolution No. 2005-35(a) L APR 2g 2005
.ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Ireland, Davis to Franklin
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 22, 2005 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 22,2005, there were 56.41% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
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
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 Gawron and Spataro 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 38.23% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
CITY OF MUSKEGON
By ~G. L
Gail A. Kundinger, Cle~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on Aprill2, 2005. 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
EXHIBIT A
IRELAND, DAVIS TO FRANKLIN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Ireland, Davis to Franklin
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
f-
(/)
I FOREST
II AVE
I
I I
>-
~ ~
.q:
d
I I! DALE
~I
AVE
,~
I II II I
~I
Cl
II LARCH
II AVE
I
I II II I
I II LAKETON AVE
II I
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Ireland Ave., Franklin St. to Davis 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 PREP AID, 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 II TH DAY OF MARCH 20
SUBSCRIBED AND SWORN TO BEFORE ME THIS
dJjM DAYOF d,o c // ,2005.
~ ~. &0&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES L
~ ofl.J~tlb
H 1600 HEARING DATE NOVEMBER 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-501-0010-0 1190.0 IRELAND AVE FOSSLER GINA J 1190 IRELAND AVE MUSKEGON Ml 49441 $852.49 $0.00 $852.49
24-205-501-0017-0 1138.0 IRELAND AVE CASHBAUGH DAVID R 1138 IRELAND AVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-501-0018-0 1130.0 IRELAND AVE KING RHONDA K 1130 IRELAND AVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-502-0010-0 1110.0 IRELAND AVE SPINERETE ENT 514 GRANT AVE GRAND HAVENMI 49417 $876.61 $0.00 $876.61
24-205-502-0011-0 1102.0 IRELAND AVE SEVREY PATRICIA A 11021RELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0012-0 1092.0 IRELAND AVE HOSSINK JAMIE/ANDR 1092 IRELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0013-0 1086.0 IRELAND AVE DONOVAN KEVIN J 1086 IRELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0014-0 1078.0 IRELAND AVE BLACKMER KEVIN J 1078 IRELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0015-0 1070.0 IRELAND AVE GRISHAM RAY E 1070 IRELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0016-0 1060.0 IRELAND AVE MONTE BETTY S 1060 IRELAND AVE MUSKEGON Ml 49441 $876.61 $0.00 $876.61
24-205-502-0017-1 1054.0 IRELAND AVE JOHNSON CHARMION 10541RELAND AVE MUSKEGON Ml 49441 $815.00 $0.00 $815.00
24-205-502-0018-0 1645.0 FRANKLIN ST GUSTAFSON KELLY A 1645 FRANKLIN ST MUSKEGON Ml 49441 $938.23 $0.00 $938.23
24-205-509-0009-0 1189.0 IRELAND AVE GOULET WILLIAM K 516 GARDNER ST MUSKEGON Ml 49442 $852.49 $0.00 $852.49
24-205-509-0008-0 1181.0 IRELAND AVE GRISWOLD KENNETH 2000 ROILSON ST MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-509-0007-0 1173.0 IRELAND AVE BLOOMSTROM JOHN 1173 IRELAND AVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-509-0006-0 1169.0 IRELAND AVE BARNES SCOTT 21786 VIRGINIA AVE EASTPOINTE Ml 48021 $815.00 $0.00 $815.00
24-205-509-0005-0 1159.0 IRELAND AVE SIMA GREGORY W/CH 1159 IRELAND AVE MUSKEGON Ml 49441 $886.72 $0.00 $886.72
24-205-509-0004-0 1151.0 IRELANDAVE SMITH RICHARD A 11511RELANDAVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
11/23/2005
Page 1 of 3
H 1600 HEARING DATE NOVEMBER 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-509-0003-0 1145.0 IRELAND AVE HEMPHILL STEPHANIE 1145 IRELAND AVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-509-0002-0 1137.0 IRELAND AVE CASHBAUGHJAMES 1137 IRELAND AVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-509-0001-0 1131.0 IRELAND AVE EVANS MONICAJ 11311RELANDAVE MUSKEGON Ml 49441 $850.86 $0.00 $850.86
24-205-508-0009-0 1109.0 IRELAND AVE BROWN PHYLLIS 1109 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0008-0 1101.0 IRELAND AVE GORTER KEITH/ANN 11011RELANDAVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0007-0 1093.0 IRELAND AVE MAYO FRED 1093 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0006-0 1085.0 IRELAND AVE LOFGREN MARY 1085 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0005-0 1077.0 IRELAND AVE DYER TC JRIAUDREY 1077 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0004-0 1069.0 IRELAND AVE MATTHEWS GARY JRI 1069 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0003-0 1063.0 IRELAND AVE JANSEN MICHAEL A 1063 IRELAND AVE MUSKEGON Ml 49441 $876.94 $0.00 $876.94
24-205-508-0001-0 1045.0 IRELAND AVE BIGGS RANDY A 1045 IRELAND AVE MUSKEGON Ml 49441 $1,753.88 $0.00 $1,753.88
11/23/2005
Page 2 of 3
H 1600 HEARING DATE NOVEMBER 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING I SW TOTAL
TOTALS $25,995.57 $0.00 $25,995.57
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OE.ASSESSORS
~~ 12/1$/1~
LARRYMILLARD, ~R~=LIZATIDN / Z DA: - =r
~~~G~~N CITYCOMMISSIONER DATE
~ /i- 'J0~C6
DATE
11i23/2005
Page 3 of 3
11/21/2005 MON 1 5:56 FAX Yale-LT Cust. Service lil.lOOl/004
j Randy Biggs
.Ii 1045 1reland Ave.
Muskegon Ml, 49441
~~ECE~Vl:D
l Email: randy.biggs@cmworks.com
I Cell Phone: 231·740-3673 NOV 2 1 2005
J
I
I
I Fax
I
! To: Muskegon City Commission From: Randy Biggs
Fax: 231-722-1214 Pagesz 4
Phone; 2 31 -724-6724 Date: 11/21/2005
Re: Special Assessment Hearing CC:
0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
Muskegon City Commission,
Please find enclosed in this fax a letter stating my position on the recent maHing I received regarding a
special assessment hearing. I will be unable to attend the hearing but would like to still be heard. Also
enclosed is a copy of the document I received.
In letter in summary is declaring my disapproval for the special assessment.
If this was not the correct fax number for this document to be sent to, please forward to the appropriate
department. · '· ·
Thanks,
Randy Biggs
. RECE\V~~GON
CITY OF MUS
NOV 21 2005
ENGINEERING DEPA~TMENT
11/21/2005 MON 15:56 FAX Yale-LT Cust. Service !<!1002/004
11/21/2005
Muskegon City Commission,
This letter is my notification to express my opinion and disapproval for the special
assessment for the Ireland Ave, Franklin St. to Davis St assessment.
I I feel that if the City Commission did not budget enough money to pay for the project the
l
project should have been postponed until the City was financially prepared to cover the
costs. I am extremely frustrated with the city of Muskegon's poor planning becoming
I
'
the residents cross to bear. These continued 'assessment' costs passed down to residents
are making the area almost unaffordable to live in. Roughly four years ago, the City
came through and replaced sidewalks in my area. My assessment for that was
approximately $200.00 per year for 10 years, whlch I currently paying. Two years ago,
the City dug up Ireland Avenue to repair a broken water line. They also dug up my yard
and terrace. In the process of the repair, they allowed dirt to get in the water line
essentially plugging the line. Our water gage was damaged and had to be replaced. Our
line to our washer was also filled with dirt causing the water level indicator to
malfunction, filling our basement with water and costing us $100 in repair to the
machine. When we contacted the city to come and .evaluate the situation, they just looked
at it and remarked that ohe of the guys must not have flushed the line when turning the
water back on and left, leaving us to clean up the mess.
Then, thls early thls summer, the workers arrived yet again and tore up the sidewalk on
Ireland all the way to Davis. Thls is the same sidewalk that they had replaced four years
earlier and that I am still paying the assessment on. This work began one week before we
the open house for our graduating boys. So we held an open house with our front yard
and terrace tom up. We did receive a letter warning us about the last project to begin thls
past July. Again tom up yard and terrace, no way into our driveway some days except by
driving doW!J the sidewalk, trash in my yard from the construction workers (not just
construction material, pop cans, water bottles, cigarette butts etc...), our water being used
by the workers at their discretion, the rebuilding of my lawn for the 4<h time in the last
four years. Of course, we are lucky enough to sit on a comer lot so we could experience
double the inconvenience. The City did send us a letter stating that the best way to get
the grass to grow where it needed to be replaced again was to water it daily... which, of
course, will be at my expense for using my water to do thls.
We currently pay over $2, 000 in annual property taxes; another $200 dollars for the first
special assessment and my wife and I thls year will pay over $600.00 combined in City
Income tax. With another special assessment that will bring the total to close to
$3,000.00 ... For a $100,000 (max) house! I feel that. this is outrageous. Up and down
the blocks in our area you can see the houses popping up for sale, two directly across the
street from me. I suspect that this "assessment' is happening to more and more people
and they are getting fed up. The residents of these areas are not making the kind of
money that is being required to live in thls area. It is a decent area with good people but
you are going to lose them. The City is begun promoting the 'Blight Fight', but this is all
counterproductive to that task. What are your residents left to fight with?
You will run the good people out and who knows who the next neighbor will be.
Randy Biggs
I 045 Ireland Ave.
Muskegon,MI49441
11/21/2005 MON 15:57 PAX Yale-LT Cust. Service li1J003(004 04
Affirmativi! Action
(2311714-6703
I FAX: (231)71:!-1214
I 01
I November 10, 2005 :t
S~1}~'£t'!o~l:fartment
FAX: (Z31)726·S617
31
Citv Manager ;
(23!)714-6724
FAX: (231}722-1214
Civil Service
1131\714-6716 BIGGS RANDY A
FAX: {231)724-4405
1045 IRELAND AVE
MUSKEGON, Ml 49441 29 Bl
Clerk
!131)724-6705 H
l<"'AX: (231)724-4178 Fl
Community and 'U
Nei!!h. Services Property Parcel Number: 24-205-508-0001-00 at 1045.0 IRELAND AVE 'II
12Jll'I24-67J7
FAX: (231)7.26-2501
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL :g
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the speeial assessment foU: • ·
<> _,·
IRELAND AVE:; FRANKLIN St. TO DAVIS ST.
Public Hearings
A public connrmationhearing will be· held In theCitY 61 Muskegon Commission .Chambers on Tuesday,
Income Tax NOVEMBER 22, 2005 at 5:30 P.M: You are entitled to.appear althis nearing, ·either in person, by agent
~'1Jl!ti'3fi'{f...,.. or In writing to express your opinion, approVal, orobjei:tion concerning the special assessment. Written
appearances or objections must be made at or prior lo the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
Lei11ure Services CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
1231\7U6704
FAX: (231)724-1196 CONFIRMATION TO FILE A WRITIEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334·
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
. OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST ..
Pl;mnini!IZoning
llJll7Z«6701
FAX: (231)714-6790
The final projected cost of the street improvement portion of the project is $104,000.00 of which
$25,995.. 97 wiU be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1753.88 .based on 107.6 feetassessable front footage at $! 6.3 per l!Ssessabi~J foot for,
the street improvem~nts. In addition, you will b~ assessed $0 ·rordrivewayapproach tmdlor sidewalk ·
Publi~.: Works Dept. improvements made to your' property for a total special assessmsni cost Cif$1753.88 'Foliowing are the
Vlll,'(,'i1{~ft-41BR terms of the special assessment
Assessment Period: Ten {10) Years
Interest Rate: 5% {Jer year · ··
First Installment: $175.39 PER YEAR
~f/ff!l~~'J\ O~pt. Due Date: January 23rd, 2006
FAX: (lJJ)724-6768
\fJ'Jfr FiltnUiGn
Vlr?li\1ff!s..sz9o
City of Muskegon, 933 Terrace Street, P,O.J,!ox 536, Muslregon, MI 49443-0536
www.sborelmec1ty.com
TO: Honorable Mayor and City Connnissioners
FROM: Engineering
DATE: November 22, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Franklin St., Laketon Ave. to Ireland Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Franklin St. from Laketon
Ave. to Ireland Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$19,645.76 would be spread against the eleven- (11) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2005-lOS(cl)
Resolution Confirming Special Assessment Roll
For Franklin St. from Laketon Ave. to Ireland Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 22, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Franklin St., Laketon Ave. to Ireland Ave.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Larson, Shepherd, Spa taro, Warmington, Carter,
Davis, and Gawron
Nays: None
City of Muskegon
By ~Q_=i(~
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.
:A , CityofMus~e~ ,
By~~~O&l~~()~-~
~~~~
~~~~~>
0
EXHIBIT A
FRANKLIN, LAKETON TO IRELAND
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Franklin, Laketon to Ireland
---~-----------------------------------------------~
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
1--
(/)
I FOREST
II AVE
I
I I
IRELAND AVE
I I~ <::
0
§
,~ ::r:
I DALE AVE
I I
~I
0
I LARCH A
I I
I I LAKETON AVE
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1602 FRANKLIN St., Laketon Ave. to Ireland Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUS KEGON 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 1Oth DAY OF NOV MBER 2005.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ sr DAY OF /Jec.e. rn .6 ec , 2005.
atnL~A sdJ. &
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-.;;~-- o t;
November 10, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
Public HeariflYJ?.
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $86,000.00 of which
$19,645.76 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1877.75 based on 64.75 feet assessable front footage at $29 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1877.75 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $187.78 PER YEAR
Due Date: January 23rd, 2006
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
_iLll
-1JJ,,-J:1N???>t:Gf_ tl/f_
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten ( 10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) 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
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
.. .. ·.
... . .
.
· . . . . · ... HOUSEHOLD INFORMATION •. ...
·
Name: Birth date: Social Security # _ _-_ _-_ _
Spouse: Birth date: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( )No
(Please refer to your assessment letter for this information)
Number Living in Household: List infonnation 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: $
·.
. .
. ··.
. ..
·.. ·
·. PROPERTYINFORMATION .••.... · .. ·.
.
.
..
·
:.·
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Prope1ty taxes must be current to qualify and will be verified by CDBG staff)
·. . •. . .• .. . . . ·.. . .. c.: .··
·•
.··· ...
.· · .. .··. ··•·· OWNER'S SIGNATURE . . . .· .. ·..
• ··.·· .•...
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owus aud occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information fumished in support of this application, is true and complete to the
best of the Applicant/Owner's know ledge 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 USEONLY · .. ·
... ·. .·. . .·· . .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
RE VEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your propetiy for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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:
v" 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
1 $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
v" 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, mortgage, 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.
v" 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,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verijj1 all application information. 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 containsfalsified information or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
AND
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
All parcels abutting Ireland Ave. from Davis St. to Franklin St.
And
All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: November 12, 2005 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
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice. doc
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON
APR 2 9 2005
Resolution No. 2005-35(b) ENGINEERING DEPARTMENT
---~-,-~~- ----l
Resolution At First Hearing Creating Special Assessment District
For Franklin, Laketon to Ireland
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 22, 2005 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 22,2005, there were 57.79% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and Spataro 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 17.08% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission ofthe 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: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
CITY OF MUSKEGON
By LO. La~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on April 12, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By rl&O ~~~w
Gail A. Kundinger, Clerk
EXHIBIT A
FRANKLIN, LAKETON TO IRELAND
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Franklin, Laketon to Ireland
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
I--
(/)
I FOREST
II AVE
I
IRELAND AVE
I I~ ~
§
,~
I DALE AVE
J::
I I
~I
Cl
I LARCH AVE
I I
I I LAKETON AVE
AFFIDAVIT OF MAILING
STATEOFMICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Franklin St., Laketon Ave. to Ireland Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRJCT 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 11TH DAY OF MARCH 2 05.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
d £+11 DAY OF /Jtn'! 2005. ,
~ ~ - ~~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES 1 - ;(, S - (} 0
H 1602 HEARING DATE NOVEMBER 22, 2005
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-508-0018-0 1046.0 DALE AVE SILKY CHARLES E 1046 W DALE AVE MUSKEGON Ml 49441 $1,877.75 $0.00 $1,877.75
24-205-515-0001-0 1045.0 DALE AVE 0 CONNOR DONNA M 1045 W DALE AVE MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-515-0018-0 1735.0 FRANKLIN ST FISHER JENNIFER J 1735 FRANKLIN ST MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-518-0001-0 1045.0 LARCH AVE HARTMAN JILL 1045 W LARCH AVE MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-518-0018-0 1046.0 LAKETON AVE HARVEY FURMAN II 1795 FRANKLIN ST MUSKEGON Ml 49441 $1,847.01 $0.00 $1,847.01
24-205-507-0004-0 1027.0 IRELAND AVE BOSS WILLIAM 1027 IRELAND AVE MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-507-0005-0 1694.0 FRANKLIN ST HOOS ROBERT C 1694 FRANKLIN ST MUSKEGON Ml 49441-2 $1,769.00 $0.00 $1,769.00
24-205-516-0004-0 1027.0 DALE AVE BOUKAMP MARK 4864 BROOKDALE DR MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-516-0005-0 1028.0 LARCH AVE HULKAJOHN W 1028 W LARCH AVE MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-517-0004-0 1027.0 LARCH AVE DOUTHWAITE DAVID/J 1027 W LARCH AVE MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
24-205-517-0005-0 1026.0 LAKETON AVE HERSA LLC 1656 DIVISION ST MUSKEGON Ml 49441 $1,769.00 $0.00 $1,769.00
11/23/2005
Page 1 of 2
H 1602 HEARING DATE NOVEMBER 22, 2005
FRANKLI N ST., LAKETON AVE. TO IRELAND AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING I SW TOTAL
TOTALS $19,645.76 $0.00 $19 ,645.76
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
LARRY MILLARD, A~E~~
~/
R GOUNTY EQUALIZATION
j7~f~
y ~~
& /~ fa
GA RON
~~ /2-~ - o~
CITY COMMISSIONER DATE
~~ ___/" - -0 / £~
?(A~CESPAT~ISSIONER
/1-JCJ- OS
DATE
11/23/2005
Page 2 of 2
,\rfirmati vc Action
(231)724-6703
FlA X: (231)722-1214
~W)·¥fr~tjh"8nliztJtion
l~A X : (231)726-5181
November 10, 2005
g•JW~4~6~lf!'" rfmcnt
FAX: (23 1)726-5617
C ity Mana~er
(231)724-6724 Cil):. RECEi VED
FAX: (231)722-12 14
v iTY OF MUSKEGON
HERSA LLC
Civil Service
(23 1\724-67 16
FAX: (231)724-4405 1656 DIVISION ST
NOV 1 R 2005
MUSKEGON, Ml 49441 ENGINEERING DEPARTMENT
Cieri<
(231)724-6705
FAX: (231)724- 4178
Com.munify a.m1 Property Parcel Number: 24-205-517-0005-00 at 1026.0 W LAKETON AVE
r2~f1~~4:1W1ces_ -
FAX: (231)726-2501
Computer Info. NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
r2~HW4~~744
FAX: (231)722-4301
Dear Property Owner:
Engineering llc1tt.
(231)724-6707
( FAX: (231)727-6904
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
n~m24~1i~ FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
FAX: (231)724-6768
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
Income Tax
(231)724-6770 or in writing to express your opinion, approval, or objection concerning the special assessment. Written
FAX: (231)724-6768
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22,2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
Leisure Sen'ices
1231)724- 6704
FAX: (231)724-1196
CONFIRMATION TO FILE A WRITIEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRiTiNG BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGA~~ TAX
TRIBUNAL WILL BE LOST.
P1onnin1!1Zoning
(231)724:6702
FAX: (231 )724-6790
The final projected cost of the street improvement portion of the project is $86,000.00 of which
$19,645.76 will be paid by special assessment. If the special assessment is confirmed, your property will
r;~~~~P.tR~51Jm•"' be assessed $1769 based bn 61 feet assessable front footage at $29 per assessable foot for the street
I~AX: (231)722-5140
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
1
improvements made to your property for a total special assessment cost of $1769 Following are the
h~~ 1~2\~~~~6 Dept. terms of the special assessment:
FAX: (231)722-4 188
Treasurer's O ffi ce
Assessment Period: Ten (10) Years
1231)724-6720 Interest Rate: 5% per year
FAX: (231)724-6768
Firstlnstallment: $176.9 PER YEAR
Due Date: January 23rd, 2006
Water Filtration
(231 )724-4 106 j 'l
FAX: (231)755-5290
November 17, 2005
To whom it may concern:
We protest the special assessment of$1769.00 for Parcel
Number: 24-205-517-0005-00 at Franklin St., Laketon Ave. to
Ireland Ave.
We just recently acquired the property that has been unoccupied
for the last 3 years. We do pay city taxes every year and feel that
the money should be used for street improvements.
Respectfully,
Jose Hernandez
Armando Salazar
ACTION SHEET
Name Action Ayes Nays
Vice Mayor Larson 5 ~
Commissioner Shepherd v
Commissioner Spataro rv\ v
Mayor Warmington v
Commissioner Carter v/
Commissioner Davis v/
Commissioner Gawron v
COMMENTS: j. ~ }j~
DATE: November 10, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050100-Tabled
09/27/05 for 30 days
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
765 Washington -Area 12 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-050100- 765 Washington
Location and ownership: This structure is located on Washington between Henry
and Beidler Streets and owned by Francisco Galindo, 1873 Whitehall Rd,
Muskegon, Ml 49445 on land contract with a Victor J. Rockafellow of 1450
Leahy, Muskegon, Ml 49442.
Staff Correspondence: A dangerous building inspection was conducted on
04/22/04. The Notice and Order to Repair was issued on 05/04/04. An interior
inspection conducted on 05/28/04. On 05/05/05 the HBA tabled case for 30 days
to allow owner to provide a time-line for repairs and schedule inspections. Case
brought back to HBA 06/02/05 and was declared dangerous, substandard and a
public nuisance with a 30 day delay before sending to commission.
Owner Contact: Victor Rockafellow was present for the HBA 05/05/05 meeting.
He stated he had put in a new foundation and purchased new windows and was
unaware that permits had expired. He said his plan was to install vinyl siding this
summer but all repairs would take about a year because of limited time and
resources. Henry Faltinowski stated only one inspection had been done and
there had been no contact with owner since that time and added a timeline
should have been set to complete repairs. Case came back before HBA 06/02/05
and Mr. Rockafellow was present. Henry Faltinowski stated all three trade
inspectors went out 05/12/05 and an report was sent out of all repairs needed.
He stated Mr. Rockafellow needs to provide a timeline if he wants to invest the
money because repairs are extensive. Nick Kroes asked based on the inspection
report how long would it take to resolve these issues. Mr. Rockafellow stated it
would take about 1 year, he could get the exterior done this summer and he's
trying to line up a plummer. There has been no contact from Mr. Rockafellow
since that time and the structure was sold on land contract 06/20/05 to a
Francisco Galindo who was sent all notices and inspections 08/17/05. Mr.
Galindo made note of the dangerous building status at a progress inspection for
another dangerous building he owns at 775 Washington but has not provided a
C:\Documents and Settings\Potter\Local Settings\Temponuy lntemet Filcs\OLK 1A\AGENDA - 765 Washington(2).doc page 1 of 2
timeline for repairs and no permits have been issued. The case was sent to the
Commission 09/27/05 and was tabled for 30 days so file could be updated. The
parcel has two addresses on it. An inspection was conducted 10/03/05 to
establish that 765 Washington is the address the was declared dangerous,
substandard and a public nuisance. There have been no permits issued and no
timeline provided for repairs.
Financial Impact: General Fund
Budget action required: None
State Equalized value: $34,800
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 22, 2005.
C:\Documcnts and Scttings\Pottcr\Local Settings\Temporary Internet Fi!es\OLKI A\AGENDA- 765 Washington(2).doc page 2 of 2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
765 Washington
4122/04
Inspection noted:
I. Foundation wall repair needed around entire perimeter.
2. Replace, scrape- paint all damaged siding- entire perimeter.
3. Scrape & paint- repair all window frames.
4. Replace damaged back porch.
5. Replace broken glass.
6. Structural damage to roof- provide rafter investigation.
7. Remove collapsing shed.
8. All handrails, guardrails must meet Michigan Residential Code 2003.
9. Intetior inspection with building, plumbing, mechanical, and electrical inspectors
required.
I 0. All work requires construction petmits. These pennits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documcnts and Settings\Potter\Local Settings\Temporary ltltemet Files\OLKI A\765-Washington.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
Tuesday, September 20, 2005
Enforcement# EN050100 Property Address 765 WASHINGTON AVE
Parcel #24-205-412-0004-00 Owner Francisco Galindo
Inspector: Henry Faltinowski
Date completed: 05/12/2005
DEFICENCIES:
Uncorrected
1. Steel boxes to bonded properly.
2. White ungrounded conductors to be re-identified.
3. Smoke alarm box in rear entry to be located properly.
4. Outlet boxes to be within 1/4" of non-combustible surface.
5. Dishwasher not to be on small appliance branch circuit.
6. Need plug by middle bedroom door
7. Check kitchen/dining room plug layout.
8. Need laundry outlet.
9. Fire stop verticle holes.
10. Rough in is about 75% done.
11. Furnace gas line should have drop leg.
12. Bathroom intact - no vent fan.
13. Clean ductwork and support.
14. Hot water heater needs to be replaced with a tankless hot water heater.
15. Hose clamp on gas line going to gas meter will need access opening for
shower valve.
16. Plumb to Mich 2003 Plumb Code.
17. Replace furnace vent.
18. Outside faucet to have a vacuum breaker.
Uncorrected Progress Inspection Completed 05/12/05
1. All framing headers on bearing must meet MRC 2003 requirement- See
attached sheet.
2. Bowed out walls must be repaired.
3. Foundation wall and plate must be attached - 1/2" anchor bolts 1 - foot of
corners every 6ft on center or approved sill straps.
4. All framing of walls, joists, rafters must meet code 2003 MRC
5. Windows must meet section R613.
Please contact Inspection Services with any questions or to schedule an
inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
AGENDA ITEM NO. _ _ _ _ __
CITY COMMISSION MEETING - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 14, 2005
RE: Resolution Supporting Regional Collaboration
SUMMARY OF REQUEST:
To approve a resolution that supports regional collaboration efforts. This resolution is
necessary for One Muskegon to pursue state funding through the Centers for Regional
Excellence for our local efforts.
FINANCIAL IMPACT:
Collaborative efforts may save the City money in the future.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
RESOLUTION 2005-llO(a)
CITY OF l\IUSKEGON
A resolution supporting regional collaboration efforts
WHEREAS, service to our constituents is our reason for existence and we recognize that
the services we offer are impmiant to the fabric of our community and often attract
people to move here, and
WHEREAS, regional collaboration may be one avenue to pursue to maintain or enhance
some of the services we now offer, and
WHEREAS, regional collaboration may afford us flexibility in our budgeting without
diminishing the way oflife in our community, and
WHEREAS, regional collaboration may help us save money as well as providing
effective and efficient services, and
WHEREAS, regional collaboration has proved in many areas to be an effective land use
tool, and
WHEREAS , regional collaboration may help both our region and our own community be
more economically competitive,
NOW THEREFORE BIT RESOLYEO, that the City of Muskegon agrees to participate
in the Centers for Regional Excellence program to pursue the potential for regional
collaboration in our area, and
BE IT FURTHER RESOLVED, that the City of Muskegon will send a representative to
patiicipate in these discussions of the One Muskegon Task Force and that the citizens of
the City of Muskegon will be kept fully informed and provided opportunities for input
into the process.
IN WITNESS WHEREOF, I hereunto set
my hand and cause the Seal of the City of
Muskegon to be affixed this 22m1 day of
November, 0 1::\..-- - . .
Gail A. Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a regular meeting ofthe City Commission, held on
November 22, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act ofthe State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, MMC
City Clerk
Date: November 22, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Move of Non-Union Employees to Municipal Employees' Retirement System
of Michigan (MERS)
SUMMARY OF REQUEST: MERS (Municipal Employees' Retirement System of
Michigan) is a statewide intergovernmental cooperative established for the purpose of
providing cost-effective pension plan ad minis !ration. The city's pension boards have
explored moving to MERS on two separate occasions in the last few years, but could not
reach consensus. At this time staff is proposing that, effective January 1, 2006, pension
administration and management of pension-plan a ssets for current non-union employees (51
employees) be moved to MERS.
FINANCIAL IMPACT: Staff believes that MERS offers the most cost-effective
alternative for pension administration. We expect to achieve administrative savings by
moving the non-union employees to MERS and the potential is for greater savings should
other employee groups opt to switch to MERS. The computed first year (2006) contribution
rate for the MERS program is 5.71 %, which compares favorably to the budgeted contribution
rate of 7.86%.
BUDGET ACTION REQUIRED: None. As noted, the computed contribution rate for
MERS is within the budgeted cost for pension expense for the affected employees.
STAFF RECOMMENDATION: Approval.
COMMITIEE RECOMMENDATION: None.
Finance
Administration
Memo
To: City Commission General Employees Pension Board
From: Finance Director
Date: November 16, 2005
Re: Proposal to Transfer Non-Union Employees' Pension Administration to MERS
MERS (Municipal Employees' Retirement System of Michigan) is a statewide
intergovernmental cooperative established for I he purpose of providing cost-effective pension
plan administration. The city's pension boards have explored moving to MERS on two
separate occasions in the last few years, but could not reach consensus. At this lime staff is
proposing that, effective January 1, 2006, pension administration and management of
pension-plan assets for current non-union employees (51 employees) be moved to MERS.
Meetings have been held with the affected employees to explain the MERS program in detail
and the reasoning for proposing the move. Although many employees were apprehensive at
the start, the post-meeting general consensus is that moving to MERS is in the best interests
of both the employees and the city.
Rationale
MERS has nearly 700 member municipalities and over $4 billion in assets under
management. The organization has a full-time staff of 80 employees who specialize in
pension plan administration and retirement planning issues. City employees (and future
retirees) will benefit from a much higher level of retirement planning expertise and customer
service than the city will ever be able to provide.
The city will benefit through lower administration costs and, likely, lower contribution rates.
The greatest benefit will come if pension administration for all employee groups is moved to
MERS, but staff feels it is important to begin the migration to MERS at this time.
0:\FINANCE\PAUL\MyDocuments\AGENDAITEM 2005 MERS FOR NON·UNION.doc
Benefit Levels
MERS has a menu of benefit options which member communities choose from. From this,
we have been able to closely match the current non-union benefits (see attached). A few
areas need clarification:
1. In computing final average compensation, the city currently allows up to 144 hours of
banked sick time to be included; MERS does not allow sick time in their FAC
computation. Staff recommends that approval of MERS also include an amendment
to the non-union benefit program that would allow, at retirement, the conversion of up
to 144 hours banked sick time to vacation time so that it can be included in the FAC.
2. The current city program has a COLA that provides an automatic computed cost of
living increase (after five years retirement) based on the availability of funds from
"excess" investment earnings. MERS has the ability to match this program based on
annual approval of the city commission. Staff recommends that that approval of
MERS include an amendment to the non-union benefit program that would provide
for the annual matching of whatever COLA adjustment is computed for retirees of the
General Employees' Retirement System.
3. Staff is proposing that the MERS RS50 benefit be incorporated. This benefit
provides a 50% survivor benefit to anyone sele cling a regular (straight-life) pension.
This benefit is included in the Police and Fire pension program but is a new benefit
for the non-union group. The incremental cost of this benefit is 0.40% of payroll or
$6,184. This would be largely offset by higher employee contributions from moving
from a bifurcated employee contribution rate to a flat 5% contribution rate ($84 per
employee x 51 employees= $4,284.
Process
At the November 22 meeting, you will be asked to approve three resolutions required by
MERS to authorize the transition. The City Alto rney is reviewing these. Also amendments to
the General Employees' Retirement System ordinance and the Police and Fire Retirement
System (for the chiefs) will be required.
If the City Commission approves these documents, related employee contributions plus an
actuarially-determined amount will be moved from the General Employees Retirement
System to MERS, effective January 2006. All new contributions made by or on behalf of the
affected employees will be forwarded to MERS starting in January 2006.
Summary
The city has successfully managed its pension funds for more than sixty years. But with
reduced staff, competing priorities, and the growing complexity of pension issues (e.g. tax
laws, divorces, investment oversight, etc.), it is not realistic to expect that city-administered
plans will be able to provide employees with the highest level of service. Put simply, staff
believes that MERS affords the opportunity to have the job done better and at lower cost.
There is no compelling reason the city needs to remain in the pension administration
business.
Jan·09·06 02:45po From·ICMARC 2028624601 T-4 T! P 002/1)05 F·A80
SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY
RELATING TO A MERS DC BENEFIT PROGRAM
RESOLUTION OF ~{l'-J~~.L-~~0"'-.:.....~C------'~~:..!?<:::1'-'~:.!:C:!:C7.:£;:;;:;<::~£:?L~---- (EMPLOYER NAME).
WHEREAS. the Employer hao adopted the MERS Uniform Defined Contribution Program ResoluUon; and
WHEREAS,the M5RS Uniform Defined Contribution Program Re$olutiM requires that the Employer
concurrenUy complete, approve and submit to !CMA Retirement Corporation ("RC") all nece..ary
documents opecified by RC for adoption of the ICMA Retirement Corporation GovernmenUJI Money
Purchase Plan and Trust as amended and authorized by Section 19A of the Municipal Employees'
Retirement System of Michigan Pian Document: and
WHEREAS, the Employer desires that Its Benefits Program DC b& administered by the ICMA Reijr9ment
Corporation and that some or aH of the funds held under such plan be invested in the Vantage Trust, a lrUsl
established by public employers for the collective Investment of funds held under their retirement and
deferred compensation plans:
NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes the Benefits Program DC In
the fonn of the ICMA Retirement Corporaijon Govemmental Maney Purchase Plan and Trust, as amended
by and as authorized by Sacijon 19A of the Municipal Employees' Retirement System of Michigan Plan
Oocumem.
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of tho Ventage
Trust, and aHached hereto, intending this execuUon to be operative with respect to any retirement or
deferred compensation plan subsequendy established by the Employer, if the assets of the plan are to be
Invested in the Vantage Truat.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Pion and to
Invest funds held under tho Plan in the Vantage Trust; and
BE IT FURTHER RESOLVED that the H<v.t>~h P-"'~c.A<..(use tijle of official, not name) ahall be the
coordinator for the Plan: shaH re09iVe reports, notices, etc., from the ICMA Redremant Corporation or the
Vantage Truat: shall cast on behalf of the Employer, any required votes under tha Vantage Trust; may
delegate any administrative dulles relating to the Plan to appropriate departments; and
BE IT FURTHeR RESOLVED that the employer hereby authot1~esb"'~t<' &'~~use Utle not name)
to execute all neceosary agreements with the ICMA Retirement Corporation lnoldentat to the admlniltrallon
of the Plan.
I hereby cert~y thai the above ts a true copy of a Resolution adopted at the board meeung het<l on
!'itJv'tntkb... ±:_ dayal <"i@.e...,hn 2005.
ICMA Retirement Corporation • P. 0. Box 96220 ;, Washington, DC 20090·6220 • 1-800-326-7272
PARMENTER O'TOOLE
Attorneys at Law
Mernorandurn
DATE
November 16, 2005
TO:
Tim Paul
FROM:
Linda S. Kaare
RE:
MERS DB plans & Ord. Amd.
Dear Tim,
Attached are the documents for City Commission meeting on November 22, 2005.
1. Membership Agreement. (adopting MERS DB plan)
2. Resolution Directing Electronic Payment of Invoices
3. Resolution to Exclude Temporary Employees
4. Resolution to Adopt MERS DB plan for Non-Union General Employees.
5. Resolution for Defming Day of Work/Hours per Month- Non-Union General Employees.
6. Resolution to Adopt MERS DB plan for Non-Union Police Employees.
7. Resolution for Defining Day of Work/Hours per Month- Non-Union Police Employees.
8. Resolution to Adopt MERS DB plan for Non-Union Fire Employees.
9. Resolution for Defining Day of Work/Hours per Month- Non-Union Fire Employees.
10. Ordinance Amendment to the General Employee Retirement System.
(Excludes non-union general employees who participate in MERS)
11. Ordinance Amendment to the Police-Fire Retirement System.
(Excludes non-union police and fire employees who participate in MERS)
12. New Ordinance relating to MERS DB plan participants.
(addresses sick time conversion to vacation and COLA)
G:\E DSI\FILES\00 100\1402\M EMO\C 13009. DOC
MEMBERSHIP AGREEMENT
(For Defined Benefit and Defined Contribution Plans)
This AGREEMENT dated f\~ ~d-. , 20~, by and between the
Retirement Board ("Board") of the Municipal Employees' Retirement System ("MERS"), and the
governing body of the City of Muskegon
an eligible participating municipality or court ("participating entity"), is entered into under the
provisions of 1996 PA 220 and the Plan Document of 1996. This Agreement does not waive or excuse
or render inapplicable all duties and obligations imposed on the parties by law or the MERS Plan
Document of 1996 as it may be revised periodically.
Through Resolution adopted November c2 :2. , 20__,Q2_, this entity has
elected to participate in MERS in accordance with Plan Section 41 or 41 A.
(Check Box I and/o•· Box II, as applicable.)
lliJ I. MERS DEFINED BENEFIT PLAN IS INITIALLY
ADOPTED
A. The participating entity has furnished MERS with data regarding each person in its employ
and the Board's actuary has computed the liabilities for service benefits payable and which may
become payable (on account of service already, and to be, rendered), as required by Plan Section 42,
through Initial Actuarial Valuation dated August 1 , 20Q.2___
B. As a condition of MERS membership, and pursuant to the Board's power as Plan
Administrator and Trustee unde r Plan Section 36, MCL 38.1536, it is appropriate and necessary to
enter into this Agreement providing for the payment of the required contributions of a participating
entity.
I. On or before January 1 each calendar year, the Board's actuary shall make a n Annual
Actuarial Valuation of the participating entity's accrued service liabilities, and if necessary,
adjust the a mount of the annual contributions to be paid by the entity to MERS in monthly
insta llments. A copy of the annual valuation and required contributions shall be provided
by MERS to the participating entity on or before January 1 each year.
2. The Wage and Service Reports due monthly, and the Member and Employer Contributions
due and payable monthly, shall be submitted in accordance with the MERS Enforcement
Procedure for Prompt Reporting and Payment.
3. Should the partic ipating entity agree to the crediting of all or a portion of pre-MERS prior
service rendered to it by its covered employees in the Resolution for Adopting MERS
Defined Benefit Programs, then the provisions of that Resolution are incorporated by
reference in this Agreement. This includes, but is not limited to, the amortization of any
unfunded prior service obligations, as adjusted in the Annual Actuarial Valuation.
MebAgree 11 / 14/03 Page I of2
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION DIRECTING ELECTRONIC PAYMENT OF INVOICES TO THE
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM
City of Muskegon
WHEREAS, the-- - -- - -- - - - - - -- - - - - - - - - - - - is
a participating municipality in the Municipal Employees' Retirement System of Michigan ("MERS");
and
WHEREAS, pursuant to the Municipal Employees' Retirement Board requirements, effective
January I , 2004, monthly contribution payments will be required to be paid electronically, (eBill) and
for those municipalities not doing so, an administrative fee will be assessed; and
WHEREAS, pursuant to 2002 PA 738 authorizing electronic transactions of public funds, the
governing body of a municipality must authorize electronic transactions; and
WHEREAS, the _ _ _ _c_ i_t_y_ o_f_M_u_s_k_e_g_o_n_ _ _ _ _ _ _ _ __ _ _ wishes
to be in compliance with the electronic payment of monthly contributions, and accordingly will initiate
both the timing and which invoices it intends to pay.
NOW THEREFORE BE IT RESOLVED, that the governing body directs the electronic
payment of future MERS invoices subject to initiation and timing of the payment as directed by this
municipality's authorized official.
CERTIFICATION
I hereby cet1ify that this resolution was adopted by the governing body of the
~ ot~u:._ r at itsmeeting held on 'Q~J..?. ,20~
La~~r · Signature of Clerk
RETURN TO: Municipal Employees' Retirement System of M ichigan
11 34 Municipal Way
Lansing, MI 48917
Phone: 800-703-9030 Fax: (517) 703-971 1
www.mersof mich.com
Resol-eBill Payment 11114/03
-~~
r~. .
'R.~
~
· ~, y MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION TO EXCLUDE TEMPORARY EMPLOYEES
FROM MEMBERSHIP IN MERS
In accordance with Section 3(2) of the MERS Plan Document, as amended, the
___C~l~·t~y~~C~o~m~m~i~s~s~l~·o~n~--------of __~C~i~t~v~o~f~~M~u~s~k~e~g~o~n~---------------
(Governing Body) (Municipality)
does hereby elect to EXCLUDE effective ___J_a_n_u_a__
r-=-y-----,------------' 2 0 0 6 , for:
(Date)
(Please complete A or B)
A. __x__ All
B . - - - For Divisions ---------------------,------- - - ---------
(Specil)' by Division Name and Number)
TEMPORARY EMPLOYEES who are employed in positions normally requiring less than six
(6) months of work from membership in the Municipal Employees' Retirement System (MERS).
The said employees will be notified in writing by the participating municipality that they are
excluded from membership.
I hereby certify that the above is a true copy of a Resolution adopted at the meeting
of the governing body held on :q ~ (Date)
J. d_ ' 2005
/
~0--~~PA-
cJ
(Signature of Authori:ted Official)
Rcsol Temp Employee 12/31199
111\.f'as MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
RETIREMENT SYSTEM OF MICHIGAN
DEFINED BENEFIT PROGRAMS
The City Commission of the City of Muskegon
(Governing body) (Participating entity)
whose fiscal year is (month and day) January to December, desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.
IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
August 1 , 2005 , by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union): non-union general employees
(Separate resolutions are required for each division)
Please note: If no Initial Valuation has been done by MERS' actuary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.
*I. Benefit programs/formulae (e.g., B-2 I F55 I V-8 I FAC 3 I E-2) selected are:
B3 V5 FAC3 F55/25 D2 RS50
(If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)
2. The required employee contribution is 5 %. (May be any percentage in
hundredths of a percent, not to exceed ten [10] percent, unless higher rate is
established by collective bargaining agreement accompanying this Resolution.)
3.1 Prior service credit with this municipality/court rendered previously by each covered
employee in the division is subject to and shall be credited as provided under Section
2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
Supplemental Valuation Procedure (as approved by the Retirement Board on
September 28, 1999), whose respective terms are incorporated by reference.
Choose only one:
A. ~ All prior service from date of hire.
B. _Portion of prior service (actual service up to-,---- years); or _ _%.
C. _Prior service proportional to assets transferred.
D. _No prior service (ifD selected, go to Section 4).
Resol Adopting MERS-09/28/99 Page I of2
3.2 The Initial Valuation discloses the actuarial reduction in the employer's future
contribution rate that will occur where assets of a preceding qualified plan (whether
defined benefit or defined contribution plan) and/or other source are transferred to
MERS.
3.3 In all asset transfers, the employer shall furnish MERS with all necessary and
specific information required by MERS on the allocation of employer and employee
contributions and investment earnings, along with taxable and nontaxable status on
the employee contribution portion.
4. The effective date of this Resolution for making deductions for the employee
contributions specified above, and for the payment of necessary employer
contributions to MERS, as required in the Plan Document, shall be the same date that
MERS' coverage begins, which is January 1 , 2006
5. For municipalities, Plan Section 41 requires adoption by affirmative vote of a
majority of the governing body; for courts, see Plan Section 41 A. A complete copy
of the fully executed collective bargaining agreement (if applicable), and certified
copy of the complete official minutes or other official authorizing action for the open
meeting at which this resolution was adopted must be forwarded to MERS with this
resolution.
1l ~
Certified this 1J.Ad day of 20 0 5
By: ~0~
~
t:br ~ Title:
* Explanation of Codes in paragraph # I
8 3 (2.25% benefit multiplier).
V5 (5 year vesting period).
FAC3 (Final Average Compensation using an average of ones 3 highest consecutive years of
compensation).
F55/25 (Opportunity for early retirement at age 55 with 25 years of credited service).
D2 (Rider that provides additional I 0 years of service to those who die or become disabled on the job to an
overall maximum of30 years credited service). '
RS50 (Provides 50% Survivor Benefit on retirement allowance for those selecting the Straight Life pension
benefit option).
Resol Adopting MERS-09/28/99 Page 2 of2
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR DEFINING A DAY OF WORK OR
HOURS PER MONTH FORMERS RETIREMENT PURPOSES
Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6),
the governing body must adopt the Unifom1 Resolution Defining Hours Per Month For Part-Time Employees
and Service Credit Conversion Upon Promotion to Full-Time Status.
In accordance with Section 3(1) ofthe MERS Plan Document, as the __
C_i_t....=y_ _ _ __ __
Commission of the City of Muskegon
(Governing Body) (Municipality)
does hereby certify that a day of work, or the number of hours of work in a month, for
_____n_o_n_-_u_n_l_·_o_n_g_e_n---,-,e_r:-a,-l__e_m_p_l-,o,--y_e-:-e_s-:------- for retirement purposes, shall
(Indicate all employees or division name and number)
consist of one of the following to be effective as of ---'J~a"'n._,u,_,a""'r~y---'1c___ _ _ _, 2006
(Date)
(Please complete either A or B)
A. _ _ __ A day shall consist of hours.
(Ten (I 0) days a month of such work days equals one month of credited service.)
B. - -X- - A month shall consist of 1 50 hours.
(Each month of such work hours equals one month of credited service.)
I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the
governing body held on __ '(j
.:...__t!J.~
L:. : :!. . .: : :. : . .:. . .=~:. : : ._-=--a_\U,_~~--
(Date)
2005
~ Q. 4/-UN\~~e&
(Signature of Authorized Ofiicial)
r----------------------------------------~
RETURN TO: Mun.icipal Employees' Retirement System of Michigan
1134 Municipal Way
Lansing, MI 48917
Rcsoi-Day ofWork-09/30/03
~
~ MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
RETIREMENT SYSTEM OF MICHIGAN
DEFINED BENEFIT PROGRAMS
The City Commission ofthe City of Muskegon
--------~-~~~----------
(Governing body) (Parti~ti'1 entity)
whose fiscal year is (month and day) January to Dece e desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.
IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
August 1 , 2005 , by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union): non-union police employees .
(Separate resolutions are required for each division)
Please note: If no Initial Valuation has been done by MERS' actnary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.
* I. Benefit programs/formulae (e.g., B-2/ F55 IV -8/ FAC 3 I E-2) selected are:
2.75% Benefit Multiplier V10 FAC3 F53/25 D2 RS50
(If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)
2. The required employee contribution is 6 %. (May be any percentage in
hundredths of a percent, not to exceed ten [10] percent, unless higher rate is
established by collective bargaining agreement accompanying this Resolution.)
3.1 Prior service credit with this municipality/court rendered previously by each covered
employee in the division is subject to and shall be credited as provided under Section
2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
Supplemental Valuation Procedure (as approved by the Retirement Board on
September 28, 1999), whose respective terms are incorporated by reference.
Choose only one:
A. ~All prior service from date of hire.
B. _Portion of prior service (actual service up to -,----years); or ____%.
C. _Prior service proportional to assets transferred.
D. _No prior service (ifD selected, go to Section 4).
Reso\ Adopting MERS-09/28/99 Page I of2
3.2 The Initial Valuation discloses the actuarial reduction in the employer's future
contribution rate that will occur where assets of a preceding qualified plan (whether
defined benefit or defined contribution plan) and/or other source are transferred to
MERS.
3.3 In all asset transfers, the employer shall furnish MERS with all necessary and
specific information required by MERS on the allocation of employer and employee
contributions and investment earnings, along with taxable and nontaxable status on
the employee contribution portion .
4. The effective date of this Resolution for making deductions for the employee
contributions specified above, and for the payment of necessary employer
contributions to MERS, as required in the Plan Document, shall be the same date that
MERS' coverage begins, which is January 1 ,2_0_0_6_ _
5. For municipalities, Plan Section 41 requires adoption by affirmative vote of a
majority ofthe governing body; for courts, see Plan Section 41A. A complete copy
of the fully executed collective bargaining agreement (if applicable), and certified
copy of the complete official minutes or other official authorizing action for the open
meeting at which this resolution was a dopted must be forwarded to MERS with this
resolution.
Certifiedthis 23 AJ dayof n~ 2005
By: ~ Q ·~~ Title ~ Lwz
* Explanation of Codes in paragraph # I
V 10 ( 10 year vesting period).
FAC3 (Final Average Compensation using an average of ones 3 highest consecutive years of
compensation).
F53/25 (Opportunity for early retirement at age 53 with 25 years of credited service).
D2 (Rider that provides additional I0 years of service to those who die or become disabled on the job, to an
overall maximum of 30 years credited service).
RSSO (Provides 50% Survivor Benefit on retirement allowance for those selecting the Straight Life pension
benefit option).
Resol Adopting MERS-09/28/99 Page 2 of 2
~s:J MUNICIPAL EMPLOYEES ' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR DEFINING A DAY OF WORK OR
HOURS PER MONTH FORMERS RETIREMENT PURPOSES
Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6),
the governing body must adopt the Uniform Resolulion Defining Hours Per Mo nth For Part-Time Employees
and Service Credit Conversion Upon Promotion to Full-Time Status.
In accordance with Section 3(1) of the MERS Plan Document, as the _c.:..::.l. .::..
t.:.y_ _ __ _ _
Commission of the City of Muskegon
(Governing Body) (Municipality)
does hereby certifY that a day of work, or the number of hours of work in a month, for
non-union police employees
- - - - - - -- - - - -- - - ---,- --=----,--- - --for retirement purposes, shall
(Indicate all employees or division name and number)
__1_ __ _
consist of one of the following to be effective as of _ ___J_a_n_u_a_r_y 2006
(Date)
(Please complete either A or B)
A. _ _ _ _ A day shall consist of hours.
(Ten (I 0) days a month of such work days equals o ne month of credited service.)
X
B. - - -- A month shall consist of 1 50 hours.
---~~--
(Each month of such work hours equals one month of credited service.)
I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the
governing body held on D~ (Date)
2005
~~. .Q. ~o~i=
RETURN TO: Municipal Employees' Retirement System of Michigan
1134 Municipal Way
Lansing, MI 48917
Resoi-Day ofWork-09/30/03
'~if~
~ MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
RETIREMENT SYSTEM OF MICHIGAN
DEFINED BENEFIT PROGRAMS
The City Commission of the City of Muskegon
(Governing body) (Participating entity)
whose fiscal year is (month and day) January to February , desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.
IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
August 1 2005, by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union): non-union fire employees
(Separate resolutions are required for each division)
Please note: If no Initial Valuation has been done by MERS' actuary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.
*I. Benefit programs/formulae (e.g. B-2/ FSS I V-8/ FAC 3/ E-2) selected are:
2.75% Benefit Multip 1ier V10 FAC3 F53(25 D2 RSSO
(If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)
2. The required employee contribution is 6 %. (May be any percentage in
hundredths of a percent, not to exceed ten [1 0] percent, unless higher rate is
established by collective bargaining agreement accompanying this Resolution.)
3.1 Prior service credit with this municipality/court rendered previously by each covered
employee in the division is subject to and shall be credited as provided under Section
2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
Supplemental Valuation Procedure (as approved by the Retirement Board on
September 28, 1999), whose respective terms are incorporated by reference.
Choose only one:
A. lL All prior service from date of hire.
B. _Portion of prior service (actual service up to _ _ _ years); or _ _%.
C. _Prior service proportional to assets transferred.
D. _No prior service (ifD selected, go to Section 4).
Resol Adopting MERS-09/28/99 Page 1 of2
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 217 4
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-34 of the Code of Ordinances of the City of Muskegon concerning the General
Employee Retirement System is amended to state as follows:
(a) A person who is in the employ of the city in a membership position shall be a
member of the retirement system. A membership position is a city position normally requiring
I ,500 or more hours of work in a calendar year, except as provided in subsection (b) of this
section.
(b) The following types of city employment are not membership positions:
(I) Contractual employment;
(2) Employment compensated on a fee basis;
(3) Employment as an elected official; and
(4) Employment as a policeman or fireman as defined by the city police-
fire retirement system established and maintained in accordance with Chapter
XIX of the Charter of the city.
(c) A member who ceases to be employed by the city in a membership position shall
thereupon cease to be a member.
(d) The membership of the retirement system shall not include city non-union
employees who become employed by the City after July I, 2005, and city non-union employees
who elect to transfer their interest in the City's defined benefit plan to the City's defined
contribution retirement system effective January 1, 2006.
(e) The membership of the retirement system shall not include city non-union
employees who became employed by the City before July I, 2005 and who participate in the
Municipal Employee's Retirement System Defined Benefit Plan.
(f)(ftj The board of trustees shall decide all questions concerning the membership
status of any person.
(g)tfj The city manager may elect to be excluded from membership in the retirement
system. The election shall be made in writing in the form prescribed by the retirement system
within 90 days after the date the individual becomes city manager. As used in this subsection,
"city manager" means the individual who is appointed by, serves at the pleasure of and is
designated by the city commission to be the city manager. The following conditions shall apply
to a city manager regarding membership in the retirement system:
G:\EDSI\FILES\00 I 0010 182\0RDfN\CI2529.DOC
This ordinance adopted:
Ayes: Gaw r o n, La rs on , Shephe rd, Spata r o , Warmin gton, Car t er , Davis
Nays: Non e
Adoption Date: November 22, 2 00 5
Effective Date: Decemb er 1 3 , 200 5
First Reading: NQyember 22 , 2005
Second Reading : N/A
CITY OF MUSKEGON
By ~ O ,Lr
Gail A. Kundinger, MMC
· City Clerk
G:\EDSI\FILES\00 I0010 182\0RD!N\CI2S29.DOC
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ~?.. day of Y) ~ , 2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: l \- 2._ ~ ' 2005
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
G:\EDSI\fiLES\00 I00\0 182\0RDIN\CI2529 .DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on dvemhr>r old2 , 2005, the City Commission of the City
of Muskegon adopted an amendment to Section 62-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:
(e) The membership of the retirement system shall not include city non-union
employees who became employed by the City before July 1, 2005 and who participate in the
Municipal Employee's Retirement System Defined Benefit Plan.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: !Jecem/nl 3,2005 By~~-=--~--~~~~~
Gail A. Kundinger, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
G:\EDSI\FILES\00 I00\0 182\0RD IN\CJ25 29. DOC
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 2175
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-233 of the Code of Ordinances of the City of Muskegon concerning the Police-Fire
Retirement System is amended to state as follows:
(a) The membership of the retirement system shall include all police officers and
firefighters who are in the employ of the City and all police officers and
firefighters who become employed by the City, except as provided in subsection
(b) ofthis section.
(b) The membership of the retirement system shall not include:
(I) Temporary or civilian employees of the police or fire departments;
(2) Special officers or special firefighters;
(3) Privately employed police officers or firefighters;
(4) All unionized firefighters who become employed by the City as
firefighters after December 31, 2004;
(5) All unionized firefighters who elect to transfer their interest in the City's
defined benefit plan to the City's defined contribution retirement system
effective January I, 2006; eF
(6) All non-unionized police officers and firefighters who become employed
by the City as police officers or firefighters after July I, 2005; or
(7) All non-unionized police officers and firefighters who became employed
by the City before July 1, 2005 and who participate in the Municipal
Employee's Retirement System Defined Benefit Plan.
(c) Except as provided in subsection (d) of this section and except for the purpose of
subsection 62-234(c), should any member cease to be employed by the City as a
police officer or a firefighter he shall thereupon cease to be a member.
(d) A member who remains in the employ of the City but ceases to be a police officer
or a firefighter shall remain a member of the retirement system for the duration of
his city employment. A member who retains membership in this retirement
system pursuant to Section 62-233(d) shall be required to make contributions and
G:\EDSI\FILES\00 I00\0 182\0RD IN\CI25 45.DOC
is afforded retirement benefits as if the member had not left employment within
the Police or Fire Department.
(e) In any case of doubt as to the membership status of any person the board shall
decide the question within the meaning of the provisions of this article.
This ordinance adopted:
Ayes: Gawr on,Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nays: ____~N~o~n~e________________________________________________
Adoption Date: November 22, 2005
Effective Date: December 13, 2005
First Reading: November 22, 2005
Second Reading: N/A
CITY OF MUSKEGON
By ~aL~
Gail A. Kundinger, MMC
City Clerk
G:\EDSI\FILES\00 I00\0 182\0RDINICI2545.DOC
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the @.~ day of Y)()-1~ , 2005, at which meeting a quorum
was present and remained tluoughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: --'-~--'-~~-~-=-='------, 2005
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final adoption.
G:\EDSI\FILES\00 10010 182\0RDINICI2545.DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on &bvcmbC/'
.2.2 , 2005, the City Commission of the City
of Muskegon adopted an amendment to Section 62-233, Retirement System Membership, under
the Police-Fire Retirement System ordinance of the City of Muskegon, summarized as follows:
(b) The membership of the retirement system shall not include:
(1) Temporary or civilian employees of the police or fire departments;
(2) Special officers or special firefighters;
(3) Privately employed police officers or firefighters;
(4) All unionized firefighters who become employed by the City as
firefighters after December 31, 2004;
(5) All unionized firefighters who elect to transfer their interest in the City's
defined benefit plan to the City's defined contribution retirement system
effective January I, 2006; er
(6) All non-unionized police officers and firefighters who become employed
by the City as police officers or firefighters after July I, 2005; or
(7) All non-unionized police officers and firefighters who became employed
by the City before July 1, 2005 and who participate in the Municipal
Employee's Retirement System Defined Benefit Plan.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 TeiTace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: Jue.mber 3 , 2005 By_______________________
Gail A. Kundinger, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE
G: \EDSl\FILES\00 I00\0 !82\0RDIN\CI2 54 5. DOC
City of M usl<.egon
Muskegon County, Michigan
Ordinance No. 2 1 76
THE CITY OF MUSKEGON HEREBY ORDAINS:
A new Article to Chapter 62, Persolll1el, ofthe Code of Ordinances ofthe City of Muskegon is
adopted as follows:
ARTICLE IV. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICIDGAN
("MERS") DEFINED BENEFIT PLAN PROVISIONS
DIVISION 1. NON-UNION GENERAL EMPLOYEES.
Section 62-394- Special Provisions to supplement MERS Plan.
(a) Credit for Sick time. Upon retirement as defined by the MERS plan, the employee
participant may convert up to 144 hours of accumulated sick time to vacation time so that it can
be included in the final average compensation calculation for retirement benefits under the
MERS plan.
(b) Cost of Living Adjustment ("COLA"). If the City gives a COLA to retirees in the
General Employee Retirement System program, the City will give the same increase to the
eligible MERS plan retirees.
This ordinance adopted:
Ayes: Ga,.;rron 1 Larson 1 Shepherd , Spa taro, Warmington 1 carter 1 Davis
Nays: ____~uu~----------------------------------------------
Adoption Date: November 221 2005
Effective Date: December 131 2005
FirstReading: November 22 , 2005
Second Reading: _N.;_/_A_________________
CITY OF MUSKEGON
By~O . ~o~
Gail A. Kundinger, MMC
City Clerk
G:\EDSI\FILES\00 I 0010 I 82\0RDINICI2491 .DOC
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ).d--. day of i) ~ , 2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I fmther cettify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: )l-23 '2005
Gai A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
G:\EDSI\FILES\00 100\0 182\0ROJN\CI2491.DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on lfiwcmher d;2 , 2005, the City Commission of the City
of Muskegon adopted a new Article to Section 62, Personnel ordinance of the City of Muskegon,
summarized as follows:
ARTICLE IV. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
("MERS") DEFINED BENEFIT PLAN PROVISIONS
DIVISION 1. NON-UNION GENERAL EMPLOYEES.
Section 62-394 - Special Provisions to supplement MERS Plan.
(a) Credit for Sick time. Upon retirement as defined by the MERS plan, the employee
participant may convert up to 144 hours of accumulated sick time to vacation time so that it can
be included in the final average compensation calculation for retirement benefits under the
MERS plan.
(b) Cost of Living Adjustment ("COLA"). If the City gives a COLA to retirees in the
General Employee Retirement System program, the City will give the same increase to the
eligible MERS plan retirees.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance is effective ten (!0) days from the date of this publication.
CITY OF MUSKEGON
Published: /J, cemier J , 2005 By~~~~--~~~~~
Gail A Kundinger, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE
G:\EDSI\FILES\00 \00\0 182\0RDIN\CI249l.DOC
Date: November 22, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Amendment to Arena Operations Management Contract
SUMMARY OF REQUEST: Approval of an amendment to the arena management
contract. The current arena operations contract with AMG did not anticipate a second major
building tenant. The introduction of professional basketball last year required an amendment
to reimburse the arena manager for the additional costs associated with basketball (set-up,
security, etc.). This proposed amendment for the 2005-06 season is similar to last year's
agreement with the exception that the maximum per game payment is reduced from $4,000
to $2,900 reflecting the fact that the basketball team has assumed responsibility for floor set-
up/take-down. The overall arena management agreement is set to expire in June 2006.
Addressing issues raised by a second major tenant will be an important consideration in the
next contract.
FINANCIAL IMPACT: The direct impact of this agreement (and of the basketball
generally) on arena financial operations will be determined by attendance figures. Over 24
home games, average attendance will need to be about 1,450 for the city to cover the cost of
this contract and the ice rental Joss associated with basketball. This is about the same
breakeven point as last year. Staff believes having professional basketball at the arena has
benefits that extend beyond arena operations (downtown activity, etc.) that make this a
prudent risk for the city to take.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the attached amendment.
COMMITIEE RECOMMENDATION: There is no committee recommendation at
this time.
CITY OF MUSKEGON
SECOND AMENDMENT TO OPERATIONS MANAGEMENT CONTRACT
L.C. WALKER ARENA AND CONFERENCE CENTER
This is a Contract, effective dtvemit'r c:.Po? , 2005, to amend the contract dated June 11,
2001 made between the City of Muskegon, 933 Terrace Street, Muskegon, Michigan 49440 ("City") and
Arena Management Group, L.L.C., 955 Fourth Street, Muskegon, Michigan 49440 ("Manager").
Background
A. The Muskegon County Building Authority (MCBA) is the owner of the L.C. Walker
Arena and Conference Center (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.
B. Effective June 11 , 200 I City contracted with Manager to provide complete management,
promotion and maintenance of Arena, 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, and particularly in accordance with Internal Revenue
Procedure 97-13, a federal tax procedure which must be complied with for the reason that tax exempt
bonds were issued for certain improvements in the Arena.
C. City and Manager have been approached relating to having professional basketball at the
Arena. A lease has been executed between Manager and Lakeshore Basketball LLC. The rent to be paid
by Lakeshore Basketball LLC will not cover the Manager's expenses related to allowing professional
basketball at the Arena.
D. Estimated costs to Manager relating to the professional basketball is $2900, per game, for
setting up and taking down seating and protective glass around the sheet of ice, staffing and security at the
Arena.
Therefore, the parties agree as follows:
I. Management Fee. In addition to the amounts owed pursuant to paragraph 8 of the June
11, 200 I contract, Manager shall be paid actual costs attributable to Lakeshore Basketball LLC, not to
exceed $2900 per game. To the extent that actual costs to Manager are less than $2900 per game, the
maximum amount owed pursuant to this paragraph shall be reduced.
2. Remainder of Agreement.. The remainder of the Operations and Management Contract,
dated June II, 2001 shall remain in full force and effect, unless specifically modified by this Second
Amendment. The First Amendment dated December 14, 2004 is hereby replaced in its entirety by this
second amendment.
0 :\F!NANCE\PAUL\MYDOCUMENTS\ARENA CONTRACT AMENDMENT J J04005.DOC
WITNESSES: GROUP, L.L.C.
(
CITY OF MUSKEGON
L/r; ~/orr~"/'
szr:~KrL«)~~t· .
Date : , 2005
~o ~n 10 t<' rv t:-n-v Q. tj By: ~Q _LcL.~
0
Gail A . Kundinger, Clerk
Dated: ll ~ 3D , 2005
0:\FINANCE\PAULIMYDOCUMENTS\ARENA CONTRACT AMENDMENT 1104005.DOC
Attendance per Game 3,000 2,500 2,000 1,450 1,200 1,000 500
Rental $ 1,600 $ 1,600 $ 1,600 $ 1,600 $ 1,600 $ 1,600 $ 1,600
Concessions 3,000 2,500 2,000 1,450 1,200 1,000 500
$ 1.00
Ticket Fee (@$.50/cap) 1,500 1,250 1,000 725 600 500 250
$ 0.50
Parking (@$.23/cap) 690 575 460 334 276 230 115
$ 0.23
Total City Revenue $ 6,790 $ 5,925 $ 5,060 $ 4,109 $ 3,676 $ 3,330 $ 2,465
Costs:
Est. Ice Rental loss (1,200) (1,200) (1,200) (1,200) (1,200) (1,200) (1 ,200)
Max. Payment to AMG (2,900) (2,900) (2,900) (2,900) (2,900) (2,900) (2,900)
(4,100) (4,100) (4,100) (4,100) (4,100) (4, 100) (4,100)
Net Per Game $ 2,690 $ 1,825 $ 960 $ 9 $ (424) $ (770) $ (1,635)
Net Season (24 Games) 64,560 43,800 23,040 204 (10, 176) (18,480) (39,240)
Date: November 22, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Sewer Rate Adjustment
SUMMARY OF REQUEST: At the time the 2006 budget was adopted, staff
noted that it appeared a sixteen percent sewer rate increase would be needed to
offset the impacts of the Sappi downsizing. Based on the additional information that
has become available since budget adoption, it still appears that a sixteen percent
increase is needed. Attached is historical and projected financial data for the sewer
fund which indicates the need for the 16% percent increase to take effect January 1,
2006. The rate adjustment will move residential sewer rates from $1.32/hcft to
$1.53/hcft and commercial/industrial rates from $1.66 to $1.93. The impact on a
typical household using 15,000 gallons of water will be an additional $4.20/month
($12.60/quarter). Also attached is an exhibit showing typical household sewer bills
for the city and surrounding communities.
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$672,000 additional full-year revenue for the city's sewer fund.
BUDGET ACTION REQUIRED: None at this time. Adoption of these fee
adjustments will help the city attain its 2006 budgeted revenue estimates.
STAFF RECOMMENDATION: Adoption of the attached fee adjustment
resolution.
COMMITTEE RECOMMENDATION: None
Memo
To: City Commission City Manager
From: Finance Director
Date: November 16, 2005
Re: Proposed Sewer Rate Increase
Background
Staff is proposing a sixteen percent (16%) increase in the rates for sanitary sewer
service. Following is a history of sewer rate changes:
Residential Rate Commercial Rate Industrial Rate
Date Adopted Date Effective Per 100 Cu. Ft. Per 100 Cu. Ft. Per 100 Cu. Ft.
November, 2005
$1.530 $1.930 $1.930
(Proposed) January, 2006
$1.320 $1.660 $1.660
May, 2002 June,2002
$1.120 $1.405 $1.405
May, 1998 June, 1998
November, 1992 January, 1993 $0.933 $1.171 $1.171
January, 1992 January, 1992 $1.140 $1.100 $1.070
March, 1983 March, 1983 $0.920 $0.890 $0.870
There are several reasons for the increase:
0:\FINANCE\PAUL\MyDocuments\Memo ~City Commission 2005 sewer rate increase.doc
• Significant operation cutbacks at Sappi have necessitated a 30% increase in
wastewater treatment charges to the city. This is offset to a degree by the
fact that previously negotiated debt relief for Sappi will be suspended as their
daily flow falls below the trigger point for this relief;
• Operating costs, particularly employee healthcare and pension, have risen
dramatically in the 3.5 years since the last rate increase;
• The county recently issued new debt for wastewater system improvements
and plans to issue more debt in the coming months. In 2008, the city's share
of current debt service will be abnormally high as this will be both the last year
of payments on "old" bonds and the first year of payments on "new" bonds.
Recommendation
Obviously there is uncertainty surrounding wastewater matters both for the city as
well as the other jurisdictions in Muskegon County. From information currently
available, staff believes that a sixteen percent sewer rate increase will maintain the
city's sewer fund in healthy financial condition for the near-term future.
Thank you.
• Page 2
City of Muskegon
Historical and Projected Sewer Fund Operating Casb Flow and Debt Service Coverage
Fiscal Y elm Ended or Ending December 31 , 1999 Through 2008
Projected Projected Projected Projected
1999 2000 1001 1001 1003 1004 1005 1006 1007 2008
Operating Revenues 1~'/.Jn~ ........
City Sewer Sales $ 3,649,614 3,989,052 $ 3,808,493 $ 3,914,994 $ 4,021,244 $ 4,032,673 $ 4,225,000 $ 4,901,000 $ 4,901,000 s 4,901,000
Olh~ 62.881 45,967 113.::?.01 75,191 36,499 50,918 75.000 75,000 75.000 75.000
Total Operating Revenue, $ 3,712,495 $ 4,035,019 $ 3,921,694 $ 3,990,185 $ 4,057,743 $ 4,083,591 $ 4,300,000 $ 4,976,000 $ 4,976,000 $ 4,976,000
Openting Expenses
Operations and Administrative $ 278,896 $ 224,833 $ 263,873 $ 370,396 $ 388,912 $ 402,634 $ 442,897 $ 487,187 $ 535,906 $ 589,496
Maintenance & Wastewater Treatment 2,135,820 1,998,180 2,382,674 2,343,279 2,253,677 2,599,280 2,818,594 3,537,765 3,643,898 3,753,215
Bad Debts 3,059 13,098 9,835 13,300 6,865 37,025 10,000 10,000 10,000 10,000
Depreciation and Amortization 613,146 608.283 517,888 601,586 667.831 662,976 662.976 662,976 662,976 662,976
Total Operating Expenses $ 3,030,921 $ 2,844,394 $ 3,174,270 $ 3,328,561 $ 3,317,285 $ 3,701,915 $ 3,934,467 $ 4,697,928 s 4.852.780 $ 5,015.687
Operating In<.:ome (Loss) 365,533 $ 278,072 $ 123,220 s (39,687)
' 681,574 $ 1,190,625 $ 747,424
' 661,624
' 740,458 $ 381,676 $
Non-Operating Revenues {Expenses)
Interest Earned $ 27,684 $ 54,362 $ 69,601 $ 22,263 $ 19,739 $ 12,821 $ 30,000 s 30,000 $ 30,000 $ JO,OOO
Other 147,532
Operating Transfers In (Out) 87,474 (454,812) 47,796
Extraordinary Item (352,009) (220,000)
Depreciation 613,146 608,283 517,888 601,586 667,831 662,976 662,976 662,976 662,976 662.976
Total Non-Operating Revenues (Expenses) $ 376,295 $ 662,645 $ (87.323) $ 623,849 $ 687,570 $ 871,125 $ 692,976 $ 692.976 $ 692,976 $ 692,976
NET INCOME AVAILABLE FOR DEBT SERVICE $ 1.057,869 $ 1,853,270 $ 660.101 $ 1,285.473 $ 1,428,028 $ 1,252,801 $ 1,058,509 $ 971.048 $ 816,196 s 653,289
Debt Service Requirements
Principal on Debt s 1,089.893 $ 1,004,794 $ 972.887 $ 1.116.046 $ 1,151,091 $ 1,107,267 $ s $ $
Interest on Debt 237,636 216,776 197,169 137,622 132,214 110,520
Paid by Sappi (593,601) (583,278) (572,954) (657,128) (677,897) (652,088) (467,656) (841,865) (798,335) (1,149,551)
The 1996 County Bonds 866,922
The 2002 County Bonds 258,976 1.429,514 1,355,599 1,282.268 (3)
The 2006 County Bonds 0 0 0 0 0 604,584 (3)
733,928 $ 597,102 $ $ 587,649 557,264 737,301
Total $ 638,292 $ $ 596,540 605,408 $ 565,699 658.242 $ $
'
Coverage Ratio 1.44x 2.90:s: l.ll:s: 2.15:s: 2.36x 2.2h 1.6h: 1.65x 1.46x 0.89x
Annual Increase in Revenue Necessary for 1.40x Coverage. $0 $0 $0 $378,933
AnnuaJ Increase Necessary to Produte 1.40):; Coverage. 0.00"/~ 0.00% o.oo·;. 9.6&%
(I) 1999 through 2004 Actual.
(2) Non-operating revenues are not assumed to change
(3) For 2008 debt service is required for both the 2002 and 2006 bonds. Starting 2009, on!y the 2006 bonds will be outstanding.
CITY OF MUSKEGON
RESOLUTION NO. 2005- 1 1 o (d)
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission
Chambers on November 22, 2005.
RECITALS
A review of the rates for sewer service has been accomplished by the City's staff,
recommendations received, and the City Commission has determined that the following rate
changes are justified. Accordingly, this resolution is made for the purpose of maintaining the
financial viability of the City's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Charges for residential sewer service shall be changed from $1 .32 per 100 cubic feet to $1.53
per 100 cubic feet;
2. Charges for commercial/industrial sewer service shall be changed from $1.66 per 100 cubic
feet to $1 .93 per 100 cubic feet;
3. Charges for all non-metered residential sewer customers will be calculated based on an
assumed usage rate of 35 hundred cu. ft. per quarter.
4. Unless there is a separate agreement specifying a different billing method, non-resident users
of the city sewer system will be billed at a rate that is double (2x) the city rate for that class of
user.
The above changes to be effective January 1, 2006.
This resolution adopted.
YEAS: 1
NAYS: Q
CITY OF MUSKEGON j
By' ~Q . ~~
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 22nd day
of November, 2005 and that the minutes of the meeting are on file in the office of the City Clerk
compliance with Act 267, Public Acts of Michigan, 1976. .), •. LJ.....,.. .
and are available to the public. Public notice of the meeting was given pursuant to an in
Q
~ ' 6
2
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers -7,500 Gallons Usage Per Month
Sewer
.commun.ity Bill Rank
Norton Shores 13:58
2 Muskegon (Current Rate) 15.86 2
3 Muskegon (Proposed Rate Effective 1/1/06) 18.01 3
4 __Nort_h Mus~(!_g_C?n 18.13 4
5 MuskegonHeights. ·~ •- ·•--~•••H
19.11 5
6 Roosevelt Park 27.06 6
Average $18.63
·;.;,e-difm $18:07 ..
Note: Assumes 7,500 gallons {or 1,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers - 15,000 Gallons Usage Per Month
Sewer
Community Bill Rank
Norton Shores 23.33
2 .M.ll_s~~g~n f:l~_ight_s 27.13 2
3 Muskegon(Current Rate) 29.06 3
4 .North Muskegon 30.43 4
5 .fv1usk~gon JProposedRate Effective 1/1/06) 32.74 5
6 Roosevelt Park 46.11 6
Average
.... ·.····$31:47·····
'Median· · . £29~?}".
Note: Assumes 15,000 gallons (or 2,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
~ource: Lo~-~! area s~rve!( ~C:>nducte~ by City__of_II_J1usk~_~()-~ _as .o! Noyem~er 2005.
Date: November 22, 2005
To: Mayor and City Commission
From: Department of Public Works
RE: Sale of Water to Idlewild Resort in Norton Shores
SUMMARY OF REQUEST:
Nugent Sand Company (NSC) has requested permission to purchase
water from the City of Muskegon via the City of Norton Shores on a
temporary basis. The attached two contracts list the responsibilities of
each party.
FINANCIAL IMPACT:
The City of Muskegon will be paid an annual readiness to serve fee of
$1600 (with allowance for future adjustments) plus a water rate based
on 1.35 of the water used. These provisions will be in place until such
times as the City of Norton Shores builds their own system to handle this
water demand.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends that the City of Muskegon City Commission approve
the attached documents for the temporary sale of water to Idlewild
Resort.
COMMITTEE RECOMMENDATION
9/18/97
PARMENTER O'TOOLE
Attomeys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231 .722.7866 or 231.728.2206
www.Parmenterlaw.com
November 8, 2005
Gail A. Kundinger, MMC
City Clerk
City of Muskegon
933 Terrace
P.O. Box 536
Muskegon, MI 49443-0536
Re: Sale of Water: Norton Shores/Nugent Sand
Dear Ms. Kundinger:
As you may be aware, city staff has been working with representatives ofNorton Shores and
Nugent Sand to finalize an anangement whereby Muskegon would sell water to Norton Shores
for the Idlewild subdivision. Those documents have been finalized.
Enclosed please find the following:
1) Water Line Installation Agreement; and
2) Water Line Extension Agreement.
I presume that Bob Kuhn will prepare whatever cover sheet, etc. is necessary for a matter to be
presented to the City Commission. Assuming approval, please have three copies of each
document executed and returned to me.
The documents will be executed in counterparts. Once fully executed, I will provide an original
of both documents to you.
John C. Scluier
Direct: 231.722.5401
Fax: 23 1.728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosures
c: Bob Kuhn
G:\EDSI\FILES\001 00\1974\LTRICH7705.DOC
WATER LINE INSTALLATION AGREEMENT
THISAGREEMENTmadethis ,-:;:::!'" dayof i:>{'c.Efn iJ,;.f' '2005 by
the CITY OF MUSKEGON, 933 Terrace St., Muskegon, MI 49440 and the CITY OF NORTON
SHORES, 4814 Henry St., Norton Shores, MI 49441 to provide for the installation of a new
public water main, do covenant and agree as follows:
WHEREAS, the Nugent Sand Company has requested that the City of Muskegon allow
for the tapping of their 30 inch cast iron water main located on the south side of Sherman
Boulevard, and,
WHEREAS, the Nugent Sand Company desires to connect an 8-inch water main to
service the residents of the Idlewild Resort Subdivision, and,
WHEREAS, the Idlewild Resort Subdivision is located within the City of Norton Shores,
and,
WHEREAS, the Nugent Sand Company will pay for and contract with an appropriate
qualified contractor for the installation of the 8-inch water main, and,
WHEREAS, upon completion of the construction, the Nugent Sand Company shall turn
over the connection portion of the water main along with the portion parallel to Sherman
Boulevard, located within the City of Muskegon to the them, and, the balance of the 8-inch water
system will be turned over and dedicated to the City of Norton Shores.
WHEREAS, the two systems will be separated by a valve which will be installed at the
expense of the Nugent Sand Company and shall be part of the Norton Shores system.
In consideration of the circumstances surrounding this matter, the parties hereto therefore
covenant and agree as follows:
1. That the City of Muskegon hereby allows the Nugent Sand Company permission
to tap the City's 30 inch-cast iron water main located along the south side of Sherman Boulevard
so as to extend an 8-inch water main west and then south to the residents of the Idlewild Resort
Subdivision located within the City of Norton Shores on the condition that:
a. Nugent comply with the terms and conditions of the Water Line Extension
Agreement, the terms of which are incorporated by reference.
b. That Nugent or its agent provide acceptable engineering drawings
depicting the location of the tap prior to the commencement of
construction.
c. That Nugent or its agent provide "as-built" engineering documents upon
completion of construction.
2. That the City of Muskegon shall bill the City of Norton Shores quarterly based
upon the meter readings which will be provided by the City of Norton Shores of the connected
users for actual water used at a rate of 1.35 times the rate charged to the City of Muskegon
residents, plus an annual tap fee of$1,600 to be initially paid upon execution of this Agreement
and then annually thereafter for five (5) years or the interconnect is closed, whichever occurs
sooner. If after five (5) years, the connection provided for in this Agreement is still needed, the
annual fee shall be adjusted upward by the increase in the then current Consumer Price Index
("Index"). All Adjustments shall be cumulative. Index means the Consumer Price Index of the
Bureau of Labor Statistics, United States Department of Labor (CPI-U), all items index for all
urban consumers-U.S. city average (1982-84 = 100), or any similar replacement therefore;
provided, however, that in no case shall any such adjustment result in a decrease in the fee.
3. That the City of Norton Shores shall:
2
a. Allow a tap into the 8-inch water main so as to extend water services to
the private property line for each residential connection upon payment of a
fee, the amount of which shall be set by resolution of the City Council
for each residential connection, and for that fee the City of Norton Shores
will include a meter to be installed within each of the residential structures
with a wired remote read. Costs incurred by property owners to physically
connect to the water main are not covered by this Agreement and shall be
billed and collected as provided in the Code of Ordinances for the City of
Norton Shores.
b. Own and maintain the 8-inch water main within an appropriate easement
from the valve on the south side of the tee at the Sherman Idlewild Road
intersection south into the Idlewild Resort.
c. Pay the City of Muskegon for actual water used, as well as any significant
unmetered water, (more than 2000 gpd) the amount of which will based
upon quarterly meter readings at the rate of 1.35 time the rate charged by
the City of Muskegon to its customers.
d. Cure the cause of any significant unmetered water loss (more than 2000
gpd).
3
e. Limit construction to the 8 inch water main to residential development
within the Plat ofldlewild Resort unless approved by the City of
Muskegon.
4. This agreement may be signed in two or more counterparts, each of which shall be
considered an original and all of which together shall constitute one and the same
instrument.
CITY OF MUSKE~_....--,.
By ~-'> --------- '·" .. ' ' '. -· --- ....
Stepll
Rl\NS\Miscellaneous\ Water Line Installation Agt
(Rev.II.08-05@ I O:OOam)
4
WATER LINE EXTENSION AGREEMENT
THIS AGREEMENT made this I ~day of ,) <f' c E ,_,PIE tf' , 2005,
between THE NUGENT SAND COMPANY, INC., of2925 Lincoln, Muskegon, MI 49441
the CITY OF MUSKEGON, 933 Terrace St., Muskegon, MI 49440 and the CITY OF NORTON
SHORES, 4814 Henry St., Norton Shores, MI 49441, do covenant and agree as follows:
WHEREAS, the Nugent Sand Company has requested that the City of Muskegon allow
for the tapping of their 30 inch cast iron water main located on the south side of Sherman
Boulevard near Beach Street, and,
WHEREAS, the Nugent Sand Company desires to connect an 8-inch water main to
service the residents of the Idlewild Resort Subdivision, and,
WHEREAS, the Idlewild Resort Subdivision is located within the City of Norton Shores,
and,
WHEREAS, the Nugent Sand Company will pay for and contract with an appropriate
qualified contractor for the installation ofthe 8-inch water main, and,
WHEREAS, upon completion of the construction, the Nugent Sand Company shall tum
over the connection portion of the water main along with the portion parallel to Sherman
Boulevard, located within the City of Muskegon to the City of Muskegon and the balance of the
8-inch water system will be turned over and dedicated to the City of Norton Shores.
WHEREAS, the two systems will be separated by a valve, which will be installed at the
expense of the Nugent Sand Company, and shall be part of the Norton Shores system.
NOW THEREFORE the pmiies covenant and agree as follows:
l. The Nugent Sand Company agrees that:
a. It shall at their expense, construct a water main including the costs
associated with tapping the City of Muskegon's 30-inch cast iron water
main located on the south side of Sherman Boulevard as well as all of the
costs associated with the extension of and the tapping into an 8-inch water
main to service the residents of the Idlewild Resort Subdivision. In
addition Nugent shall pay a tap fee to the City of Norton Shores in the
amount of $1,600.00 within thirty (30) days of the issuance of an invoice,
and thereafter annually, upon the issuance of an invoice to reimburse the
City of Norton Shores the annual fee paid to the City of Muskegon in the
amount of $1 ,600.00. This annual payment will continue for five (5) years
or until the inter connect is closed, whichever occurs sooner. If upon the
expiration of five (5) years, the connection provided for in this Agreement
is still needed, the annual fee shall be adjusted upward by the increase in
the then current Consumer Price Index ("Index"). All adjustments shall be
cumulative. Index means the Consumer Price Index ofthe Bureau of
Labor Statistics, United States Department of Labor (CPI-U), all items
index for all urban consumers~U.S. city average (1982-84 = 100), or any
similar replacement therefore; provided, however, that in no case shall any
such adjustment result in a decrease in the fee. Following each such
adjustment, the term "fee" as used in this Agreement, shall mean the fee as
most recently adjusted.
2
b. That they shall protect Sherman Boulevard with temporary sheeting
during the construction ofthe water line, disturbing only the bike path
which will be restored to the condition that existed before the water line
installation. If permanent repairs cannot be made immediately, then a
temporary patch will be done until Spring 2006 when a permanent patch
shall be completed.
c. That they will provide one week advance written notice to the Director of
Public Works for the City of Muskegon of the date, time and location of
the tap into the City of Muskegon line.
d. That a copy of any contract, redacted to protect the privacy of the
economic terms for the construction of the water line shall be delivered to
the Director of Public Works for the City of Muskegon.
e. Hold and indemnify the City of Muskegon and the City of Norton Shores
from any and all claims of any kind occurring as a result of the extension
and construction of the water line by Nugent Sand Company or its
contractor(s). Notwithstanding anything to the contrary herein, Nugent
Sand Company shall not be responsible for indemnifying and holding the
City of Muskegon and City of Norton Shores harmless from any claims
arising from the negligence or intentional acts or omissions of the City of
Muskegon, City of Norton Shores or their employees, contractors,
invitees, or agents.
f. That they will incur the expense and install a tee and valve for a future
extension to the City of Muskegon at a location pursuant to the drawings
3
prepared by Westshore Consulting as provided to the Director of Public
Works for the City of Muskegon.
g. That they shall construct the 8-inch water line with Class 52 ductile iron,
including appropriate fire hydrants along with all necessary valves in
accordance with state and local standards. Fire hydrants are to be spaced
at 450 feet along Idlewild Road, and at 350 feet within the Plat ofldlewild
Resort.
h. The water main shall only be constructed after the permit is issued by the
Michigan Department of Environmental Quality.
1. They will deliver an executed public utility easement attached as Exhibit
A signed by all affected property owners in recordable form pre-approved
by the public entities involved. That the easement shall provide for the
installation, construction and maintenance of the water main. In addition,
Nugent shall, via either a Quit Claim Deed or other "Bill of Sale" in a
form pre-approved by the Cities of Muskegon and Norton Shores, transfer
the actual water line to the public entities involved.
J. Will obtain any additional permits needed to accomplish the construction
of the water main including, but not limited to, water system construction
permits, critical dune permits, soil erosion and sedimentation control
permits and any other permit required by an agency, entity or municipality
exercising jurisdiction over the construction.
4
k. Tum over ownership of the 8-inch water main to the City ofNmion
Shores upon its completion from the location of the valve on the south
side of the tee at the Sherman/Idlewild intersection.
I. Shall supply the City of Norton Shores and the City of Muskegon with as-
built construction drawings when the project is completed.
m. That annual payments which remain unpaid for more than ninety (90) days
shall, at the Cities discretion, added to the ad valorem tax bill for the
properties owned by Nugent at the time of the assessment and collected
in accordance with normal City Policy as provided by law.
2. The City of Muskegon agrees:
a. To fulfill the obligations and requirements as detailed in the Water Line
Installation Agreement with the City of Norton Shores. (Attached as
Exhibit B)
b. Accept the portion of the water system along Sherman Boulevard upon
completion of construction from the tap into the 30 inch main from that
valve west approximately I 05 feet to a tee and valve allowing for the
extension of the 8 inch main south to the Plat ofldlewild Resort.
3. The City of Norton Shores shall:
a. To fulfill the obligations and requirements as detailed in the Water Line
Installation Agreement with the City of Muskegon. (Attached as Exhibit
B)
5
b. Accept the portion of the water system along Sherman Boulevard and
within the Idlewild Resort Plat upon completion of construction.
4. This agreement may be signed in two or more counterparts, each of which shall be
considered an original and all of which together shall constitute one and the same instrument
NUGENT SAND COMPANY, INC.
By_______________________
Its._ _ _ _ _ _ _ _ _ _ _ __
By_______________________
Its_ _ _ _ _ _ _ _ _ _ _ _ __
RT\NS\Miscellaneous\Agreement-Nugent-Cities
(Rev. ll/08/05@10:00am)
6
b. Accept the portion of the water system along Sherman Boulevard and
within the Idlewild Resort Plat upon completion of construction.
4. This agreement may be signed in two or more counterparts, each of which shall be
considered an original and all of which together shall constitute one and the same instrument
CITY OF MUSKEGON
By_________________________
Stephen J. Warmington, Mayor
By_________________________
Gail A. Kundinger, Clerk
CITY OF NORTON SHORES
By______~~-------------
Nancy Crandall, Mayor
By·_________________________
Lynne Fuller, Clerk
RT\NS\Miscellaneous\Agreement-Nugent-Cities
{Rev. Il/08/05@I0:00am)
6
Date: November 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Street Lights Along Shoreline Dr.
SUMMARY OF REQUEST:
As per your directions, bids were solicited and received to install approximately twenty (20)
street lights along Shoreline Dr. between Ottawa & First as well as Terrace Street between
Morris & Shoreline Dr. John Howell of Lansing, Michigan submitted the lowest bid of
$70,000 ($3,500 per light). Windemuller (Montague, Ml) submitted the only other bid of
$94,000.
Your authorization to enter into a contract with John Howell is requested should it be your
desire for the City to be the owner of those lights.
FINANCIAL IMPACT:
The installation cost of 70,000 plus any direct expenses to consumer Energy to provide
the energy source which is estimated at $5,000.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to enter into a contract with John R. Howell if the it is desired that the city be the
owner of the lights.
COMMITTEE RECOMMENDATION:
;j-22-CJ
200 s--i!O { r,/\
INVITATIONS FOR BIDS
CITY OF MUSKEGON, MI
The City of Muskegon, MI is seeking qualified contractors for the installation of streetlights
along Shoreline Dr. between Ryerson Creek and First St.
A mandatory Pre-Bid Conference will be held in the second floor conference room (room 203)
at City Hall at 9:00a.m. on November 10, 2005 at which time and place any questions
regarding this Project should be presented. Please contact the City Engineering Department @
(231) 724-6707 for any information regarding this project.
..................... '"'""' ...... "" ,...~
CITY OF MUSKEGON
Enginc~ring Department
ADDENDUM NO.l
INSTALLATION 0~· STIU:t:'fLlGHTS ALONG SHOREL.INt: DR. BETWEEN RYERSON
CRF.EK AND FIRST ST.
Pre-Bid Meeting
November 10, 2005 (?:00 a.m.)
Second rtoor Conference Room (Rm. 203)- City Hall
i\tlcodanct"
Mohammed Al-Shatel City of Muskegon (231) 724-6707
Don T.anrenz City of Muskegon (ZJI) 724-6758
Nicholns Page Consumers Energy (231) 727-6540
Chri~ Bci•d Vc'Tizon (231) 727-1642
JR Howell JR Howell Airport Lighting LLC (517) 230-3558
Kathy Glisson JR Howell Airport Lighting LLC {231) 797-5640
Frit-. Kortha'c Windcmullcr Electric (231) 894-2979
Absent:
Steve Ornkc ComCast
Paul Larsen DTE
OVERVIEW:. Mohammed AI-Shatel
The project call• !·or the in~tallation of twenty (20) street lights of n Shakespeare grey fiberglass poles
with a height of 39.5' .<imilar to those installed by Consumer on the northerly section of the proposed
project area. Those role~ arc to be purchu,cd !rom Consumer Energy to retain consistency.
The project area is Shoreline Dr. from Wcstcrn/Spring/Ryerson Creek down to First St. and Terrace St.
from Morris St. down to Shoreline Drive. Bids for tills JlrOjcct arc due by Wednesday, November 16,
ZOOS at 2:00p.m. in the City of Muskegon Engineering Office (room 205). Each bidder must submit
the required 5% Bid Bond with his/her bid. Sheet 114 (Bid Proposal page) •how~ a requirement for 20
streetlights, however, be aware that the bid price• should be good lor an increase or dccrca•e of by 25%
according to the contra~\ guidelines. Also, the bidder should factor in a cost for the warranty on each
streetlight tor one (I) year. The project area requires that the conduit is in•talled below ground nnd Ulc
successful bidder should be mindful of his/her handling of the soil in the area. He/she must ensure to take
the proper precautions such as wearing glove~ while splicing the conduits, not removing soil from the
site, not exposing the workers to the soil any more than necessary, etc. The original Shoreline Urivc
construction plans will be available to Lhc succe~sful Bidder for reference if necessary. The request for
proposal that ouflines the scope of the project based on the work that Consumers Energy had previously
done in the project area.
UTILITII1S
CONSUMERS Consumers Energy has insUtlled Shakespeare grey fiberglass poles with a height
of39.5' from Ottawa St. to Shoreline Drive to the City's street lights on Lhc
skyline and back to Spring St. The pole• come pre-drilled with a 6' mast
am1. 'l1tey recommend using 400-walt high-pressure sodium hulb$ . .For the
purpose of this project, the contructor will be able to purchase the poles from
Consumers Energy at a price of $1,434.20 for each location.
COMCAST Absent
Page 1 of2
0:\tNOfNI!r:ldN(l\f:OMM{JN\lnn.~ l'R0.11'1; ("'T~ MMiTI!II.IPro_ir.cL,\S~JOI<i·:I.!Nii IHIIVI'.\l,;uuh~lpc\Strul Li£111 )ln: hill ilf.lllr.nthm1l,clo~
.-.-
DTE Absent
VERIZON No conflicts
CITY OF MUSKEGON
Engineering Department
AODENDIJM l'iO. I
INSTALLATION OF STR!i:ETLIGHTS ALONG SHOREUNF. DR.llEl'W££N RYERSON
CREEK AND FIRSl' ST.
Pre-Bid Meeting
November 10, 2005 (9;00 a.m.)
Second I'loor Conference Room (.Rrn. 203) -·City Hall
UTILITIES (cont'dl
DPW N/A
1. The Aid Proposal page docs not outline the City's standard contract requirement
for a one-( I) year wa!Tllnty which should be taken into account in the
contractor's bid.
2. 1ltc Did Proposal page will be amended to reflect the year warranty.
3. Staking will be done by the owner.
4. The conduits arc located on the outside of each lane.
S. The NE comer ofTen·ace and Shoreline has a tran~fonncr, which may be a key
starting point.
6. .t( uccorntivc outlets/receptacles are required, other arr~ngcmcnts will have to be.
made.
7. All necessary p~nnils arc the responsibility of the successful bidder.
8. The affected soil must be re-used in the location of the applicable pole.
9. The poles come pre-drilled with u 6' mast am1 and wilJ have 400-wa\t high-
pn:$surc sodium bulbs. For the purpose ofthi$ project, the contractor will be
able to purchase the poles from Consumers Energy at a price of $1,434.20 for
each location
JO. The contractor will be rc>')lonsiblc for providing power/energy for the installed
lights. The owner will pay any direct co.<t to Consumer to oft'sct costs associated
with item. An allowance of one ($1) dolJar has bc•11 established to address this
unknown.
II. The unit prices on the proposal sheet arc inclusive of all material, cquipmcmt und
labor ncec$>ary to accomplish the complete installation ;md energiling of the
twenty (20) plus-minus street light poles.
12. The cost of the poles that were mentioned during the meeting OlD NOT inclt~dc
t;lXes and the contractor should keep that in mind when submitting the bid
13. Since the proposed lights will be owned by the City, they will have to be metered
separately and therefore u pedestal for n separate meter should be included in
your price.
Page 2 of2
0:\~'k1rNI!I~HISr. 1tYIMMON\J_on5 PROJii CrS MASTEJ.(\I'roj~~l~\..,lltllllii.INI\ llRIVC\Lundsca~\.1\uull.iKht rr~: hid ndJcutlumi.UU~:
v .................... ....
--~ ..................... .
4.0 Compliance with Section 7a Obligations
4.1 Euccrbalion
The proposed property use is o:xp<crcd 10 be chaoged to highway and hithway righl-of-way will nor
cxacerbale lhe cxisliog conlaminalion. Conslruclion of Shorelioe Drive will involve cxcavalion of
I he si1e.
l11e currenl land use is a credil union. No future relca.ses :ore expec1cd as rhere is no use of
hnardous substances on this P:o.rcd.
fulure use of I he sile is expected lo be 10 highway richt.:Of-way with lillie or no haz.ardous substance
use. II is onticipalcd lhal c:urrcnl site may be •lleted and lhe area p•ved wilh on impermeable
mal erial. If excav:Jiion of soils would occur, en&itJeering conlrols and soil erosion measures would
be implemenled 10 prevenl the spread or migralion of site soils. The proposed fulurc site use will not
increase any addilional response cosls, however consll'l.lclion activities may require control measures
that may add cost_ Based on currenl data, no addirional remedial measures will be necessary lo
mainlain convnercial uses atrhis ~ite.
4.2 Due Care
To mitig.11< unacceptable exposure to h>Y.ardous substanees, and oil ow for the intended use of I he
facilily in;~ m3nner thai protetts public health and s.nfe1y. 1hc following response aclivilies have or
will be completed:
• Ar.y USTs discovered durin& excavation and gradin& activities will be disposed according to
appropri.1te regulacions
Fu1ure use of the property is specuiQtcd 10 be highway and highway ri&Jll-of.way with lillie or no
hazardous substance \Jse. U exiuinc, structuus ~c demolished 30d comrrocrion :Jctivicies occur 3~
<he Si~r, rhe following measures would be im plcmenred:
• Lcod·b..scd p:Unr or asb.:Sios in exi«inr; slfucrurcs would be idetnilicd, removed and d;sposed
olin :accoJ·d.:ancc with ~pplicablr rc&ubtiOn$,
• If constl'l.lction aclivities require removal of surface or subsurface soil, the material will be
characterized and disposed in accordance with applicable regulations. The conlroclor will be
provided with avoilable infom1ation regarding known site.condilions and provided with lhe
propeny sampling analyticol results.
• Appropriate eneineering controls will be implemented to minimize dust mitration orrsite .
• Soil erosion and slormwater control measures will be implemented in accordance with local and
slale requirements.
a Gli2!MII
llUV 1~ U~ 1Ui~Oa I" ••
West Michigan's ShoreUne City
ENGINEERING DEPARTMENT
TRANSMITTAL COVER SHEET
PH# 724-6707- FAX# 727-6904
DATE: 11114/05
COMPANY CONTACT .PHONE FAX
Windemullcr Electric F. Korthase (231) 894-2979 (231) 894-1310
JR Howell Airport Lighting JR Howell (211) 797-5640 (231) 797-5645
From
Mohammed
City Engineering
-- ......,
\
'
Subject: Shoreline Dr.- Street Light Installation. Addendum #1 )
.
Should you have questions, please contact me at (231) 724-6707
Thanks
Number of p:~gcs sent, including cover sheet: ~
*IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (231) 724-6707**.•**
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CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION OF
THE INSTALLATION OF STREETLIGHTS ALONG SHORELINE DR. BETWEEN
RYERSON CREEK AND FIRST ST.
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933
Terrace Street, Muskegon, Michig~n: and _i}j_?"fg_[J:L_j_cJ._tl_~~-':j, UJ--
("Contractor"), of ~J.:!!.!.!~(/viichigan, for a small or tmited project, and
is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and materials set forth
in the Statement of Work attached to this agreement, ("Performance").
Contractor's performance shall be accomplished in a good and workmanlike
manner, to the satisfaction of the City. Performance shall be completed on or
before April 30, 2006
Price
Contractor will perform as set forth above for the complete contract price of
L10/)1X/!___ _
Conditions and Covenants
Contractor will comply with all laws, rules and regulations of the City, and any
other local government of the State of Michigan and the United States
Government. Contractor will supply insurance as required by separate written
document, naming the City as an additional insured, if appropriate, and shall
carry such additional insurance coverage's as are required by the City.
Contractor shall hold the City harmless against any and all claims for damages or
costs made against the City arising from Contractor's performance, including all
costs of defense, attorneys' fees, expenses and the amount of any damage
determined against the City.
Contractor certifies that it is eligible for performance of government work and
has not been cited or listed for failure to comply with Wage and Hour or
prevailing wage regulations of the State of Michigan or the Federal Government.
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0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement. doc
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith,
and Contractor shall be liable for normal contractual remedies available to the
City. In the event liquidated damages for nonperformance are agreed to, the
following amounts constitute liquidated damages:
$300.00 per day of non-performance.
Nondiscrimination Compliance
C()ntractor agrees to comply with all nondiscrimination laws, rules and
regulations and policies of the City, State and Federal Governments including,
but not limited to, the provisions of Executive Order 11246, Affirmative Action
Requirements for Disabled Veterans and Veterans of the Vietnam Era and for
Handicapped Workers, if required by the City and appropriate for the services in
this contract.
Contractor shall comply with City oversight procedures. The provisions of all
said policies, rules, executive orders and laws regarding nondiscrimination and
affirmative action are available from the City by contacting the Affirmative
Action Director of the City, City Hall, 933 Terrace Street, Muskegon, Michigan,
telephone (231) 724-6703. The City may supply a copy with this contract in its
discretion.
The parties agree to performance of this contract by signing below. The
effective date of this agreement is _ _/]~.{{_ ______ , 2005.
Contractor:
~ By ~}J:i<dtl~_!~~~:_ ____ _
CITY OF MUSKEGON
By #~)t&~gU_~------
( 2- I 2- c J·-
-2-
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Prajecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.dac
Contract Between
City of Muskegon
And
_____1/J_ilf.O_i±___LJ.!;;.y0~~_)_"J.?-r-l-1-~~~-- (Con !rae tor)
STATEMENT OF WORK
All material, labor & equipment necessary to install approximately twenty
(20) street light fixtures, complete similar to those already installed on
Shoreline Dr. north of Ryerson Creek (intersection of Western Ave. &
Shoreline Dr.), side of Shoreline Dr. Four (4) 4 inch PVC conduits & hand-
holes have been installed on the outside terraces and none in the median
area. The conduits were installed without anv pull lines.
In it i a Is ~[;14-* _______________. :.
City :-:/ftiulY::.6_~-R~!J_._( _____ _
(Department Head)
I Z..- I 2- c<;. /
Contract for service and construction for small and limited projects. This form
would generally be used for projects under$ N/ A ~informally bid or
solicited, where no performance bond is being required. Generally such projects
will involve repair and maintenance, one-time services.
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0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
,- ..
INSTALLATION OF STREETLIGHTS ALONG SHORELINE DR.
BETWEEN RYERSON CREEK AND FIRST ST.
BID PROPOSAL~REVISED 11/10/05
i ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL PRICE
I SCHEDULE OF PRICE
' For the entire work outlined in the contre~ct
, documents and the drawing complete as specified
I using equipment and material only of the type and
' manufacturers where specifically named EACH 20
·:') c..; Dt')C<) 7o ooc/'9
: MATERIAL AND EQUIPMENT
i The contract documents stipulate that the base bid price shall include materials
and equipment selected from the designated items and manufacturers listed therein,
; as well as a one-year warranty of the work from the date of acceptance.
: This is to establish uniformity In bidding and establish standards of the items named.
·"£ ~ J QQQ.D L0; +h (oi£'L~ <f ~A.!YP--"~YVI..JYI ;j-~ J
-4·
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Board of County Road Commissioners
ROAr.t
COMMISISIONCr:.tSI: of Huron County
IIAII/\.1' MAILING ADORJ;;SS: P.O. BOX 270 · B/\0 /\XI~~. Ml 4F.\/I.t3 .. Q270
417 S. HANSELMAN !-';'1'1-.:IO::CT ·DAD AXE. Ml 4B•~::n;-,M0270
AI.AI'ol .J, M&..:"IA~OAIII
r•ofo!T IICII"Ii TCL: 980·26!)··6404 · F 1\ )(: ~1H~'J-?C;i9-8rJ.01
November 15,2005
J,cttcr of Recommendation
Fur
.J.R. Howell, Airport Lighting, LLC
J.R. Howell has completed variou~ lighting projects at the Huron County Memorial
Airport. Their work has been satistactory and within appropriate time limits of the
contract. We are not aware of any default on their part or litigation as a result ofJ.R.
J.lowell's work. To the best of our knowledge, all subcontractors, and/or suppliers of
labor or materials on each project were properly compensated.
I would recommend J.R. Howell as responsible and competent, and I believe they can
capably pcrtorm airport lighting type con~truction work io a timely and satisfactory
manner.
Rcspcctlitlly yours,
\tl.
..,..,, .r.u1 ..:.uv... ....._.-. ..
OTSEGO CouNTY REGIONAL AIRPORT
t t 85 VAN TY~E AD. • P. 0. BOX 1396 GI\Y~ORD, MICHIGAN 49734 PHONE 5171732-6484
Novembe{ 14, 2005
To Whom It May Concern:
I am writing this letter to recommend J.R. Howell, Airport Lighting, LLC.
John Howell has been the electrical contractor for several projects at the Otsego County
Airport over the past fifteen years. These projects included the following:
1993- HIRL, PAPI's, REIL on Runway 9/27; MITL Parallel Ta,Pway Extension;
Airfield Signs; Electrical SeiVice and New Electrical Vault ( $255,653 )
1997- Windcone, Underground Electrical ( $54,715)
2002- Runway Lighting ( $271,855)
All of the work on all of the projects was performed on time and in a satisfactory manner
To the best of our knowledge, all subcontractors and suppliers were properly paid by
John Howells Company. We have never heMd of any complaints.
r, on behalf of the Otsego County Airport, recommend J.R.Howell as responsible and
competent, and I believe they can capably perform any airport related electrical work in a
timely and satisfactory manner
I would be extremely pleased to have Mr Howell and his Company as the Electrical
Contr or any project on our Allport.
w~,---
The "Hub" of Northern Michigan
"Gaylord The Alpine Village"
PELLSTON REGIONAL AIRPORT
Pellston, Michigan 49769 (231) 539·8441 Fax (231) 539-0936
November IS, 2005
Letter of Retommendation
For
J. R. Howell, Airport Lighting, LLC
J. R. HoweU has performed tbe following projects for the Pellllton Regional Airport in
Pellsro-, Mithigan: Installed PAPI'S, REILS, Main Runway repair, Repair Beacon,
RebuUt Vault and Installed ramp lighting.
Their work has been satisfactory and. within appropriate time limits of the contract. To tbe
bnt of my lwowledge, all subcontractors, and/or suppliers of labor or materials on each
project were properly compensated.
I would recommend J. R. Howell as responsible and competent, and I believe they can
l!apably perform airport lighting type construction work in an efficient, timely and
1alilfactory manner.
Slnl!erely,
~~
Kelley Atkins
Airport MIIDager
David
Chapman Agenc4~ Inc-..- - - -
- - - - - - - - - - - - - - - - - · · - · · - - - - ···---····----·····
5700 WEST MT. HOPE HWV... ADDRESS MAIL TO BOX 201ee ·LANSING, MICHIGAN 48901 • TELEPHONE: 5171321·4600 • FAX 5171321-9443
November 15, 2005
City of Muskegon
933 Terrace
Muskegon, MI 49440
Re: JR Howell Airport Lighting LLC
Stt·eetlights along Shoreline Drive
To Whom Jt May Concern:
AJ. insurance and srnety bond agents we have worked with the pr.in.cipals of J R Howell
Airport Lighting LLC for many years. We have found them to have a very high level of
expertise in all types of lighting including street lighting. We provided insurance and
bonds for them on projects that averaged well over a hWidred thousand dollars and in
some cases were over one million dollars each.
During the completion of thnBe projects their construction safety record was excellent.
Their employees have been well trained not only in the installation process, but also in
safety. We bonded a large number of projects and all have been fully completed and
satisfied.
On behalf of ow· organization, the David Chapman Agency, Inc., I recommend J R
H.owell Airport Lightiog LLC as responsible and competent. I believe they can capably
perfonn construction work for the installation of your street l.ighting project in a timely
and satisfactory manner.
Securit4 for 4our Car, Home and Business
lillUI kUVU IID1J l.V, 'tV rna U'UV UVU 'tUVV V111 VJ' Vl.lili\U 11:.1 ""' .l.f "v J..
CITY OF CLARE
202 WEST FIFTH STREET • CLARE, MICHIGAN 48617·1490
989/386·7541 • FAX 969/386-4508
AN E;QUAI.. OPPORTUNITY EMPLOYER
November 16, 2005
r.11 CHI G AN
MAIN STI\CCT
. To Whom II May Concern:
This letter of recommendation is regarding J.R. Howell Airport Lighting,
CITY HALL LLC.
PH 969/366·7 541
Fx 11811/386·4508
WWW.CITYOFCLARE,ORG In 1999 the City of Clare had a new runway built on the airport property.
J.R. Howell was the contractor chosen to do an entire lighting renovation
and installation for the airport. From the initial meeting, it was obvious how
DEPARTMENT OF professional and "no nonsense· the J.R. Howell representatives were.
PUBLIC WORKS
PH 989/386·2182
Each of them came to the job site with an attitude that indicated the main
FX 989/386<3445 objective was to get the job done as efficiently and quickly as possible
without sacrificing quality.
W/WWT PLANT Now, several years after the project completion date, it is almost like we
PH 989/396·2321 have become part of the J.R. Howell "family". On occasion, someone from
FX 989/386·2387
the company will call or stop by on their way to another job site and just
'check in" to see how things are going. I often wondered why the J.R.
Howell representatives were treating Clare so well. The answer is that we
POLICE DEPT. are not treated any different froni any of· the others. Every one of their
NON•EMERGENCV
PH 989/386·2121 customers is special to them and it shows.
Fx 969/385·0440
As airport manager of the Clare Municipal Airport I would highly
recommend the J.R. Howell Company as very professional and
FIRE DEPT. competent. I believe they can, and will, perform airport lighting work in a
NON·EMERGENCY
PH 969/366·2151
.timely and satisfactory manner.
Fx 989/386·3020
Sincerely,
AIRPORT
PH 989/396·01.1.45
FX 989/386·4508 K.JJ}jl?l
Richard L. Acker ~
Airport Manager
MAIN STREET Clare Municipal Airport
MANAGER
PH 989/366·9190
FX 989/386·9190
Bond No. 14774673 PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, J R Howell Airport Lighting LLC
PO Box 210, Luther, MI 49656
~~~--------------------------------------------------------•----as
1. Principal, and
Western Surety Company ,
... as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or
assigns (hereinafter called the Obligee), in the full and just swn of Seventy Thousand and no/100--
----------------:------dollars ($ 70,000.00 ) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, said Principal has entered into a certain contract with Obligee,
dated /I P-1 ,
20~ (hereinafter called the Contract)
Installation of Stree't Lights along Shoreline Drive
for: - - - - - - -
and the specifications for said work shall be deemed a part hereof as fully
as if set out herein:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT:
1.
' (a) If the Principal shall faithfully perform the Contract on his/her part, as of the time and in the
manner therein provided; shall satisfY all claims and demands incurred in or for the same, or
r-· growing out of the same, or for injury or damages to persons or property in the perfonnance
thereof; shall fully indemnify and save harmless said Obligee from any and all cost and damage
which the Obligee may suffer by reason of the Principal's failure to do so; and shall fully
reimburse and par the Obligee any and all outlay and expense which it may occur by reason of
such default; and
(b) If, after completion and acceptance of the work by the Obligee, the Principal shall promptly
remedy any defects in the work due to faulty materials or workmanship which shall appear
within the period of one year from the date of completion and final acceptance of the worlc, and
pay for any damage to said Obligee, to the State of Michigan, or to any municipal subdivision or
local authority thereof to which the rights and privileges of said Obligee have passed or been
assigned, then this obligation shall be null and void; otherwise it shall remain in full force and
virtue.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to the work to be performed thereunder, or to the
k
r
specifications accompanying the same, shall in any wise affect its obligations on this Bond; and it does
thereby waive notice of any such change, extension of time, alteration or addition to the tenns of the
Contract. or to the work or specifications.
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0:1ENGINEERINGICOMMONI2005 PROJE CTS MASTER\Pro)ects\SHORELINE DRIVE\landscape\Street Ught Installation Agreementdoc
It is hereby further stipulated and agreed that, if the Principal is a non-Michigan Corporation, neither the
Principal nor the Surety shall be discharged from liability on this Bond, nor the bond surrendered, until
such Principal files with the Obligee a certificate from the Michigan Department of Revenue evidencing
the payment in full of all taxes, penalties and/or interest, and a certificate from the Unemployment
Compensation Commission evidencing the payment of all unemployment compensation contributions,
penalties and/or interest, due the State of Michigan from said Principal, or any non-Michigan
corporation, subcontractor thereunder, or for which liability has accrued but the time for payment has
not arrived.
SIGNED, SEALED AND DELIVERED IN _ _....:3:...-_0RIGINAL COUNTERPARTS
THIS ,z?cJA DAY OF '-/(;-zre:.,,_,_(,-Gv· • 20
=
tJ S
Individual Principals Sign Here: In the Presence of:
_(.._)+(..._··-_,_r__.,\
~ -_,_,'·._·\,_·.._•-="--~--'--
~· ..:..;~--- (SEAL)
- \e _ \ \ 1 } l • _I
_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
--::-------:-----:-:----(SEAL)
-::To...t:>or0 1--/ o '~ e_.,l J
Corporate Principals Sign Here: Attest:
(Printed Name and Title)
Attest:,
Robert G Chapman, Attorney-in-fact
(Printed Name and Title)
The rate of premium charge is $ _ _..::3:.::0'------------- per thousand.
The total amount of premium charged is $_2=:;':..:1~0~0_;_'::-o,:.o__,:--o-.,----------
(to be filled in by the Corporate Surety).
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0:\ENGINEERJNG\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Ughllnslallallcn Agreemenldoc
Bond No. 14774673 LABOR & MATERIALMAN'S BOND
KNOW ALL MEN BY THESE PRESENTS, that we, J R Howell Airport Lighting LLC
PO Box 210, Luther, MI 49656
as Principal, and
Western Surety Company
as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or
assigns (hereinafter called the Obligee) in the penal sum of Seventy Thousand and no/100--
- - - - - - - - - - - - - - - ' d o l l a r s ($70, 000. 00 ) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal
representatives, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, said Principal has entered into a certain contract with said Obligee, dated------
!&). , 20<>( (hereinafter called the Contract) for; Installation of Street Lights along
Shoreline Drive
•'
_ _ __:and the specifications for said work shall be deemed a part hereof as fully as if set out herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal, all
subcontractors to whom any portion of the work provided for in said Contract is sublet, and all assignees
of said Principal and of such subcontractors, shall promptly make payment for all material furnished,
labor supplied or performed, rental for equipment employed and services rendered by public utilities in
or in connection with the prosecution of the work, whether or not said material, labor, equipment or
services entered into become component parts of the work or improvement contemplated in said
Contract, in any amendment, extension of, or addition to said Con1ract, then the above obligation shall
I
be void; otherwise, it shall remain in full force and effect; PROVIDED, HOWEVER, that this Bond is
ii subject to the following conditions and limitations:
(a) All persons who have performed labor, rendered services or furnished materials or equipment,
shall have a direct right of action against the Principal and Surety on this Bond, which right of
action shall be asserted in proceedings instituted in the State in which such labor was performed,
services rendered or materials furnished (or where labor has been performed, services rendered
or materials furnished under said Contract in more than one state, then in any such states).
Insofar as permitted by the laws of such State, such right of action shall be asserted in a
proceeding instituted in the name of the Obligee to the use and benefit of the persons instituting
such action and any or all other persons having claims hereunder; and any other person having a
claim hereunder shall have the right to be made a party to such proceedings, but not later than
one year after the complete performance of said Contract and final settlement thereof. and to
have such claim adjudicated in such action and judgment rendered thereon; PROVIDED
HOWEVER, that the Obligee shall not be liable for the payment of any costs or expenses of any
such suit. ·
The Surety shall not be liable hereunder for any damages or compensation recoverable under any
workmen's compensation or employer's liability statute.
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O:IENGINEERINGICOMMON\2005 PROJE CTS MASTER\ProjectsiSHORELINE ORIVE\LandscapeiSireel Ughllnstalla11on A.greemenldoc
LABOR & MATERIALMAN'S BOND
(c) In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to
any suit, action or proceeding thereon, that is instituted later than one year after the complete
performance of said Contract and final settlement thereof.
(d) As used herein: The term "Person" refers to any individual, firm or corporation which has
furnished materials, equipment or public utility services to be used on or incorporated in the
work, or the prosecution thereof, provided for in said Contract or any amendment, extension of,
or addition to said Contract; and/or to any person engaged in the prosecution of the work
provided for in said Contract or any, extensions of, or addition to said Contract, who is an agent,
servant or employee of the Principal or of any subcontractor, or any assignee of said Principal or
any subcontractor; and also anyone so engaged who performs the work of a laborer or mechanic,
regardless of any contractual relationship between the Principal or any subcontractor, or any
assignee of said Principal or subcontractor and such laborer or mechanic; BUT shall not include
office employees not regularly stationed at the site of the work.
(e) It is hereby further stipulated and agreed that, if the Principal is a non-Michigan corporation,
neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the Bond
surrendered, until such Principal files with the Obligee a certificate from the Michigan
Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest due
the State of Michigan from the Principal, or any non-Michigan corporation, subcontractor
thereunder, or for which liability has accrued but the time for payment has not arrived.
The Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration
or addition to the terms of the Contract, to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any wise affect the obligations of this Bond, and it does hereby waive
notice of any such change, extension oftime, alteration or addition to the tenns of the Contract, the work
thereunder, or the specifications.
SIGNED, SEALED AND DELIVERED IN--=.3_ _0RIGINAL COUNTERPARTS
THIS _})~ . DAY 0~7( ({Jt!,J_,:(-1/ , 20_"_;
1
(':..___
In the Presence of: Individual Principals Sign Here:
Jc '
! \. ''
(Printed NaJl\e,and Address) Pu lJ, ..·~ -z. 1u
L 0....-+ kc..rz (I')', '-) c:; GSC
(Printed Name and Address)
-8-
o:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\SHOREUNE DRIVE\t.andscape\Sireet Ugh! lnstanation Agreemenldoc
LABOR & MATERIALMAN'S BOND
(Printed Name and Address)
ATIEST: Corporate Principal Sign Here:
J .~ Howell Airport Lighting LLC
(. ,,. . ~ ~,, _r.. \.\ - -, . _,rr:·--_,
(Printed Name) (Printed Name and Title) 01<"~\.JL
(SEAL)
tern Surety Company
Robert G Chapman, Attorney-in-fact
(Printed Name and Title)
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O:IEHGINEERINGICOMMON\2005 PROJE CTS MASTER\Projocls\SHOREUNE DRl\IE\l.andscape\Street Ught tnstallaUon Agreomontdoc
Western Surety Company
POWER OF ATTORNEY APPOINTING INDMDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having ill principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
David G Chapman, Robert G Chapman, Cloyd W Barnes, Individually
ofl..ansing, Ml, its true and lawful Attomey{s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
AUomey, pursuant to the authority hereby given, are hereby ratified and confinned.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the lhareb.olders of the corporation.
Ia Wltaes1 Wbereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 15th day of April, 2005.
WESTERN SURETY COMPANY
Slate of South Dakota
County of Minnehaha
On this ISth day of April, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrumentj that he knows the seal of said corporation; that the seal affixed to the said instrument is such Corpomte seal; that it was so
affixed pur11uan1 to authority given by the Board of Directors of said corpontion and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation .
My c:ommiaaion expires ........................................................
S D.KRELL S
~Public
November 30, 2006 $.~NOTARY PUBLIC~1
$\ll'j'WSOUTH DAKOTA~$
............................................... t
CERTIFICATE
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is sti11 in
force. and further certifY that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation t h i s - - - - - day of _ _ _ _ _ _ _ _ _ _ _ , - - - - - ·
WESTERN SURETY COMPANY
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pUI11uant to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact 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 hoods, 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.
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND LABOR AND MATERIALMEN'S
BONDS
I. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than that required by the Specifications.
4. If the Principals are partners, or joint ventures, each member shall execute the bond as an
individual, with his/her place of residence shown.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the
corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal
shall be affixed following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a
corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal; OR
There may be attached copies of such corporation records as will evidence the official character
and authority of the officer signing, duly certified by the Secretary or Assistant Secretary of the
corporation, under the corporate seal, to be true copies.
7. The current Power-of-Attorney oft he person signing for the surety company must be attached to
the bond.
8. The date of the bond MUST NOT BE PRIOR TO THE DATE OF THE CONTRACT.
9. The following information must be placed on the bond by the surety company:
a. The rate ofpremiurn in dollars per thousand; and
b. The total dollar amount of the premium charged.
I 0. The signature of a witness shall appear in the appropriate place, attesting to the signature of each
party to the bond.
II. Type or print the name underneath EACH SIGNATURE appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original
counterpart) intended for signing.
-10-
0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Sireel Lighllnslallalion Agreement. doc
-···· .,,.. l).
LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND
In accordance with Section I, Paragraph 17 (e) on Page 6, four letters of sincere recommendation may be
presented to the City Manager in lieu of a performance bond when this Contract is under the amount of
$50,000 and the successful Bidder cannot produce the appropriate performance bond.
To use letters of recommendation for this purpose, your intention to do so must be disclosed as part of
your bid, so that a decision on acceptability can be made prior to the contract award.
The four letters are to be presented prior to the execution of the Contract Agreement and must be
accompanied by the Statement of Bidder's Qualifications as outlined (Part I, Section II, Bid Proposal,
Page 16). Each of the four letters should contain no less than the following information:
THE LETTER OF RECOMMENDATION PACKAGE IS SUBJECT TO CITY MANAGER
AND/OR CITY COMMISSION APPROVAL PRIOR TO LETTING THE BID OR
EXECUTING THE AGREEMENT.
: ;·------------------------------------------------------------------------------------------------------------------
1 SUMMARY OF INFORMATION TO BE INCLUDED IN EACH LETTER OF (/; '' · ' '
1/
I
RECOMMENDATION
1
,·· C ,
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,t' I. On letterhead of the recommending company, including name, address and pho~e'n~mber of the
' ' . ~., (
'' recommending company.
r
2. Include reference to the name of the company being recommended.
3. Include a brief description of the type of each of the projects the recommended company
performed, the total dollars contracted for each, and the date of construction start and completion
under each contract.
I:
\
4. Include a statement indicating how the company being recommended performed the work
involved under the contracts, whether the recommended company accomplished the work
satisfactorily and within the appropriate time limits of the contracts.
5. Indicate if there was any default on the part of or litigation as a result of the recommended
company.
6. Indicate if, to the best of knowledge, all subcontractors and/or suppliers of labor or materials on
each project were properly compensated by the company being recommended.
7. Include a statement the same as, or similar to the following:
"I, on behalf of my organization (or company by name) recommend this company (or the name
of the company being recommended} as responsible and competent, and I believe they can
capably perform construction work similar to that described in this letter in a timely and
\ satisfactory manner."
-11-
0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
ACf)RD.. CERTIFICATE OF LIABILITY INSURANCE CSR BC I DATE (MM/ODtYYYY)
I PRODUCER
HOWJR-1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOr
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
12/06/05
1avid Chapman Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
•700 W. Mt. Hope Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
~~ansing MI 48917-
Phone:517-321-4600 Fax:517-321-9443 INSURERS AFFORDING COVERAGE NAIC#
ISURED INSURER A: AMERISURE INSURANCE 15660
INSURER B· MI Const. Industry Mutual Ins.
J R Howell Airport Lighting
I LLC
P 0 Box 210
INSURER C:
INSURER D·
Luther MI 49656
INSURER E
COVERAGES
I 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
I 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.
INS foP.!-!: Pn~L:.l1T~EFFECT!i)E P~k!CJti:XP!RA ~~N
_LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDOIYY LIMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1000000
\ X COMMERCIAL GENERAL liABILITY 115289-180 12/01/05 12/01/06 ~~~E~ {e~~~~~~nce) $ 50000
I CLAIMS MADE [!] OCCUR
I -
MED EXP (Any one
PERSONAL & ADV INJURY
pe~on) $5000
$ 1000000
GENERAL AGGREGATE $ 2000000
-
$ 2000000
I h ,nPRO- n
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY JECT LOG
PRODUCTS- COMP/OP AGG
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
s1,000,000
lA 'X
f-=-
ANY AUTO 115289-180 12/01/05 12/01/06 (Ea accident)
ALL OWNED AUTOS
BODILY INJURY
r- SCHEDULED AUTOS (Per person)
$
r- HIRED AUTOS
r- BODILY INJURY $
I NON-OWNED AUTOS (Per accident}
c-
- PROPERTY DAMAGE
(Per accJdenl}
$
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
I ~ANY AUTO OTHER THAN
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$
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
I ~OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
I RETENTION $ $
I WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY -X Iri'i'k/!,::,:¥s I lu/}<
l 28396 12/01/05 12/01/06 EL EACH ACCIDENT $ 1500000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE- EA EMPLOYEE $ 1500000
I ~~E(;~~~sp~~v~~~~s below
OTHER
E L DISEASE- POLICY LIMIT $ 1500000
I "''=SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~heCity of Muskegon and all elected and appointed officials all ernpolyees
~~nd volunteers all boards commissions and/or authorities and board members
including employees and volunteers thereof are additional insured on general
.nd auto liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MUSKCIT
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bl ' 101111 It~ I e e!C :!l'e ell! 1!1!
elhh 0:!1'2 IIi OilsiV~w..og.l.lopn 'W II I ltlllf I 'P?Ilolll IE11l8WFIER,I-M A881Jii BR,.
CITY OF MUSKEGON
933 TERRACE tR I &6EI1f I iillliilil!l
MUSKEGON MI 49440 Ay~E~:vE~
CORD 25 (2001/08) ©ACORD CORPORATION 1
A, / ----:1._., CSR BC
INSURANCE BINDER x12/'a'6/: io.
~RISA .GENCY
tV CONI KA'-' 1, SUBJECT TO THE CONDITIONS SHOWN ON THE
IBINDER#
:SIDE OF THI!
10312
•~oTSURE INSURANCE
!David Chapman Agency, Inc. DATE TIME DATE' TIME
5700 W, Mt, Hope Highway
.ansing MI 48917- H12:01AM
-~------ 12/05/05 I 02:01
HAM
PM 01/04/06 NOON
I<~E..,SI7-32f~ I rffc.NoJ• 517-321-9443 I PER
THIS BINDER !S ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
lcooE• 51-5158/51-6158 I SUB CODE• EXPIRING POLICY#.
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'(lnoludlng Looollon)
INSTALLATION OF STREET LIGHTING BY JR
I CITY OF MUSKEGON
933 TERRACE
HOWELL AIRPORT LIGHTING LLC
MUSKEGON MI
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TvPEOFi COINS% AMOUNT
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BASIC
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CLAIMS MADE D OCCUR
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Owner & Contractor Prot. L & ADV INJURY
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RETRO DATE FOR CLAIMS MADE: 'AGG I•
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ALL OWNED AUTOS no _,, '$
-
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~COLLISION
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-
ANY AUTO I OTHER ILY'
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AND
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AUTHORIZED REPRESENTATIVE
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.CORD 75 (2004/09) NOTE. IMPORTANT STATE INFORMATION ON REVERSE SIDilACORD CORPORATION 1993-2
20. SUBCONTRACTS
a. The Contractor shall not execute an agreement with any Subcontractor or permit
any subcontractor to perform any work included in this Contract until he/she has
submitted a non-collusive affidavit from the subcontractor and received written
approval of such subcontractor from the City of Muskegon.
b. The Contractor shall be as fully responsible to the City of Muskegon for the acts
and omissions of his/her Subcontractors, and of persons either directly or
indirectly employed by them, as he/she is for the acts and omissions of persons
directly employed by the Contractor.
c. The Contractor shall cause appropriate provisions to be inserted in all Sub-
contracts relative to compliance by each Sub- contractor with the provisions of
this Contract.
d. No proposed Subcontractor shall be disapproved by the City of Muskegon except
for cause. Nothing contained in this Contract shall create any contractual relation
between any Subcontractor and the City of Muskegon.
21. INSURANCE AND INDEMNITY
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
and Subcontractors agree to defend, pay in behalf of, indemnify, and hold
harmless the City of Muskegon, their elected and appointed officials, employees,
volunteers, and others working on behalf of the CITY OF MUSKEGON against
any and all claims, demands, suits, or loss, including all costs connected
therewith, and for any damages which may be asserted, claimed or recovered
against or from the CITY OF MUSKEGON and their elected and appointed
officials, employees, volunteers, or others working on behalf of the CITY OF
MUSKEGON by reason of personal injury, including bodily injury and death,
property damage, including loss of use thereof, and/or the effects of or release of
toxic and/or hazardous material which arises out of or is any way connected or
associated with this contract. The obligation to defend and hold hannless extends
to Contractor's employees, agents, subcontractors, assigns and successors.
b. Contractor Insurance Requirement. Contractor and Subcontractors shall not
commence work under this contract until obtaining the insurance required under
this paragraph. All coverages shall be with insurance companies licensed and
admitted to do business in the State of Michigan and Best Rated A VIII. All
coverage shall be with insurance carriers acceptable to the CITY OF
MUSKEGON
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0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
21. INSURANCE AND INDEMNITY- continued
c. Workers' Compensation Insurance. The Contractor and Subcontractor
shall procure and maintain during the life of this contract, Workers'
Compensation Insurance, including Employers Liability Coverage, m
accordance with all applicable Statutes of the State of Michigan.
d. Commercial General Liability Insurance. The Contractor shall procure
and maintain during the life of this contract, commercial general Liability
Insurance on an "Occurrence Basis" with limits of liability not less than
$500,000 per occurrence and/or aggregate combined single limit. Personal
Injury, Bodily Injury and Property Damage coverages shall be included.
Coverage shall also include the following extensions: (A) Contractual
Liability; (B) Products and Completed Operations; (C) Independent
Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
(E) Deletion of all explosion, collapse and underground (SCU) exclusions,
if applicable. The said insurance shall cover liability caused by the
activities of any subcontractor.
e. Motor Vehicle Liability. The Contractor shall procure and maintain
during the life of this contract Motor Vehicle Liability Insurance, including
Michigan No-Fault Coverages, with limits of liability for third party claims
of not less than $500,000 per occurrence or combined single limit Bodily
Injury and Property Damage. Coverage shall include all owned vehicles,
all non-owned vehicles and all hired vehicles. The said insurance shall
cover liability caused by the activities of any subcontractor.
f. Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement
stating the following shall be "Additional Insureds" using the following
language: "The CITY OF MUSKEGON and all elected and appointed
officials, all employees and volunteers, all boards, commissions and/or
authorities and board members, including employees and volunteers thereof
are hereby added as 'Additional Insureds"'.
g. Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as
described above, shall include an endorsement stating the following: "It is
understood and agreed that Thirty (30) days Advance Written Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be
sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".
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0:\ENGINEERING\COMMON\2005 PROJECTS MASTERIProjectsiSHORELINE DRtVEILandscape\Street Light Installation Agreement.doc
21. INSURANCE AND INDEMNITY - continued
h. Owner's and Contractor's Protective Liability. The Contractor shall
procure and maintain during the life of this contract Owner's and
Contractor's Protective Liability with limits of liability not less than
$500,000 per occurrence and/or aggregate, combined single limit. Personal
injury, Bodily injury and Property Damage coverages shall be included.
The CITY OF MUSKEGON shall be "Named Insured" on this coverage.
Thirty (30) days notice of cancellation to the CITY OF MUSKEGON shall
be required. Said insurance shall cover liability caused by the activities of
any subcontractor(s) either by means of a rider attached to the Prime
Contractor's Certificate of Insurance indicating this coverage for
subcontractors; or the subcontractor(s) shall submit their own Certificate of
Insurance.
i. Proof of Insurance Coverage. The Contractor and Subcontractors shall
provide the CITY OF MUSKEGON at the time the contracts are returned
by him for execution, certificates and policies endorsing the City of
Muskegon as additional insured as listed below:
(!.) Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance;
(2.) Two (2) copies of Certificate of Insurance for Commercial
General Liability Insurance;
(3.) Two (2) copies of Certificate of Insurance for Vehicle
Liability Insurance;
(4.) Original Policy, or oliginal Binder pending issuance of
policy, for Owner's and Contractor's Protective Liability
Insurance;
(5.) If so requested, Certified Copies of all policies mentioned
above will be furnished.
j. If any of the above coverages expire during the term of this contract, the
Contractor and Subcontractors shall deliver renewal certificates and/or
policies to CITY OF MUSKEGON at least ten ( 10) days prior to the
expiration date.
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0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Slreel Light Installation Agreement.doc
22. MATERIALS AND WORKMANSHIP
a. Unless otherwise specifically provided for in the Technical or Special
Specifications, all workmanship, equipment, materials and articles
incorporated in the work shall be new and the best grade of the respective
kinds for the purpose. Where equipment, materials, articles or
workmanship are referred to as "equal to" any particular standard, the City
of Muskegon will decide the question of equality.
b. The City of Muskegon may require the Contractor to dismiss from this
Project such employee(s) as the City of Muskegon may deem incompetent,
careless, and/or insubordinate.
-15-
O:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
,
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DATE: November 9, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-030083 Address:
209 & 211 Merrill.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
209 & 211 Merrill- Area 10 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-030083- 209 & 211 Merrill
Location and ownership: These structures are located on Merrill between Fourth
and Fifth Streets and are owned by State of Michigan.
Staff Correspondence: A dangerous building inspection was conducted on
05/14/05 and the notice and order to repair was issued on 05/20/04. On 09/01/05
the HBA declared the structure substandard and dangerous.
Owner Contact: Letter sent to State of Michigan from Anthony Kleibecker
dated 08/31/04 stating recommendation to postpone sending case to Housing
Board of Appeals. There was interest from Community Neigborhood Services to
acquire property from the State of Michigan to rehab but decided property would
not work for their program. There have been no permits issued, no inspections
scheduled and no owner contact since August of 2004.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: Exempt
Estimated cost to repair: 15,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 22, 2005.
C:\Documents and Settings\Potter\Local Settings\Temponuy lntemet Files\OLKIA\AGENDA- 209-211 Me1Till.doc page l of l
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
209 Merrill
5114/04
Inspection noted:
1. Building boarded more than 180 days.
2. Rear porch is improperly supported.
3. Front porch is improperly supported.
4. New roof required.
5. Roof is improperly flashed.
6. Siding is rotted and missing.
7. Siding is not painted.
8. Front sidewalk is settling due to erosion.
9. Window sash is rotted.
10. Front porch framing is rotted.
11. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
12. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
DON LABRENZ II, BUILDING OFFICIAL DATE
C:\Documents and Settings\Pottcr\Local Settings\Tcmpormy Internet Files\OLK I A\209 Merrill.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
211 Merrill
5114104
Inspection noted:
I. Building boarded over 180 days.
2. Chimney needs to be replaced.
3. Soffit rotted at rear of building.
4. Siding is rotted at rear of building.
5. Rafter tails rotted.
6. Sill rotted on rear window.
7. Siding is broken or missing.
8. Siding needs to be painting.
9. Threshold on rear door rotted.
I 0. Roof on rear of building needs to be replaced.
II. Chimney improperly flashed.
12. Rear window is broken.
13. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
14. All work requires construction penn its. These penn its must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
DON LABRENZ II, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\211 Merrill. doc
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DATE: November 9, 2004
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050094 Address:
235 Monroe.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
235 Monroe- AREA 10 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-050094- 235 Monroe
Location and ownership: This structure is located on Monroe between Fourth
and Fifth and is owned by Steven/Amy Kelly, P.O. Box 84, Fruitport, Ml, 49415
Staff Correspondence: A dangerous building inspection was conducted on
03/28/05 and the Notice and Order to repair was issued on 04/18/05. On
08/04/05 the HBA declared the structure substandard and dangerous. No one
was present to represent case.
Owner Contact: On 11/01/05 Inspections Department received call from
NorthPointe Bank requesting copy of inspections report. There have been no
permits issued, no inspections scheduled and no owner contact since that time.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,900
Estimated cost to repair: $10,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 22, 2005.
C:\Documents and Settings\Potter\Local Settings\Tempormy Internet Files\OLK IA\AGENDA - 235 r<.'ionroc.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, November 10, 2005
Enforcement# EN050094 Property Address 235 MONROE AVE
Parcel #24-205-379-0003-1 0 Owner KELLY STEVEN R/AMY S
Inspector: Henry Faltinowski
Date completed: 03/28/2005
DEFICENCIES:
Uncorrected
1. Porch structural damage (front) columns -foundation support
2. Foundation - south - large bow in foundation wall.
3.. Windows boarded south OSB.
4. Siding - damaged.
5. Broken out windows.
6. Ripped out screens.
7. Back- porch steps, guardrails, repair.
8. Back shed - structural damage-replace.
9. Soffitt damage.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
11-22-oS
AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
Press's LLC.
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of ); (an individual trading as _ __
::-:--:-----:-::-:--:---'' hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 235 Monroe as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $4870.00.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY: 1/!JJn <~~o£ JJre5
Printed na e and title I
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the -~
-+-'""
Q."""'
f:,.____ _ _ _ __
of the Corporation named as contractor herein;
, who signed this Agreement on behalf of the
Contractor, was then_,~
,;r:VU'""--'='lkJ=------- of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
"_:JC\-, <V-~~~
6
(CORPOR~ TE SEAL.) <--(a.~M-~ ~rar - ~
Printed ame an T1tle
DATE: November 9, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-03-54 Address:
642 Mclaughlin (Garage).
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
642 Mclaughlin -Garage- is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-03-54- 642 Mclaughlin
Location and ownership: These structures are located on Mclaughlin between
Maple Stand Kenneth Stand is owned by Shannon/Theresa Hinton, 642
Mclaughlin, Muskegon, Ml 49442.
Staff Correspondence: A dangerous building inspection was conducted on
05/29/03 and the notice and order to repair was issued on 06/12/03. On 11/06/03
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present at the HBA meeting. A building permit
was issued 07/03/03 and expired 08/30/03. A letter was sent 08/17/05
requesting final inspections if repairs had been made to close case but received
no response from owner.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: 17,300 Entire property
Estimated cost to repair: 2,500 (Garage Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 22, 2005.
C:\Documcnts and Scttings\Pottcr\Local Settings\Tempotmy Intcmct Filcs\OLK IA\AGENDA - 642 Mclaughlin(Garage).docpage 1 of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
642 McLaughlin - Garage
5129/03
Inspection noted:
I. Roof severely damaged.
2. Debris in yard.
3. Windows broken.
4. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Intemet Files\OLK I A\642 McLaughlin-G
(2).doc
DATE: November 9, 2004
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-0501 02 Address:
1120 Jefferson.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1120 Jefferson- AREA 10 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-0501 02- 1120 Jefferson
Location and ownership: This structure is located on Jefferson between Houston
and Monroe and is owned by Fairbanks Capital Corp, 1270 Northland Dr, Ste
#200, Mendota Hts, MN 55120.
Staff Correspondence: A dangerous building inspection was conducted on
05/12/05 and the Notice and Order to repair was issued on 06/01/05. On
07/13/05 the HBA declared the structure substandard and dangerous. No one
was present to represent case.
Owner Contact: On 08/17/05 Inspections Department received call from
Select Portfolio Servicing stating the horne was in foreclosure. There has been
some interest from real estate company to sell property. Complaints from
neighbors regarding infestation of pest. No permits issued and no inspections
scheduled and no owner contact since August 2005.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $19,000
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 22, 2005.
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, November 10, 2005
Enforcement# EN0501 02 Property Address 1120 JEFFERSON ST
Parcel #24-205-363-0004-00 Owner JOHNSON JUDY/Fairbanks Capital
Corp
Inspector: Henry Faltinowski
Date completed: 05/12/2005
DEFICENCIES:
Uncorrected
1. Replace all damaged exterior siding.
2. Repair - replace broken out windows.
3. Repair back side stairs to code.
4. Exposed OSB sheathing on shed walls must be covered with approved
weather barrier.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
,./
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