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CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 25, 2005 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA o CALL TO ORDER: o PRAYER: o PLEDGE OF ALLEGIANCE: o ROLL CALL: o HONORS AND AWARDS: o INTRODUCTIONS/PRESENTATION: A. National Night Out. POLICE o CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Contract for Walton Street Project Excavation. COMMUNITY & NEIGHBORHOOD SERVICES C. FIRST READING-Zoning Ordinance Amendment for Outdoor Lighting. PLANNING & ECONOMIC DEVELOPMENT D. FIRST READING-Zoning Ordinance Amendment to Require the Same · Front Setback for a Major Street as a Collector Street. PLANNING & ECONOMIC DEVELOPMENT o PUBLIC HEARINGS: A. Create a Special Assessment District for Southern Ave., Sixth to Seaway. ENGINEERING o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: A. Agreement with Muskegon Public Schools for Election Services. CITY CLERK B. Taxicab License- Great Lakes Shuttle, 1087 W. Laketon. CITY CLERK C. Water Plant Improvements Change Order. WATER FILTRATION D. Extending the Deadline for Taking Action on Proposed Mall Historic District. PLANNING & ECONOMIC DEVELOPMENT E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1. 1263 W. Larch- Area 12 2. 1856 Continental 3. 341 Bauer- Area 11 4. 61 Ottawa 5. 1309 Sixth -Area 10 6. 235 W. Forest 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 fo the City Clerk . .> Be recognized by the Chair. .> Step foiWard to the microphone . .> State name and address. > limit of 3 minutes to address the Commission. > (Speaker representing a group may be allowed lO 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 AITENO THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON, PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Mi 49440 OR BY CALLING (231) 724-6705 OR TOO: (231) 724-4172. Date: January 25, 2005 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Community Relations Committee that was held on Monday, January 3, 2005; the Commission Worksession that was held on Monday, January 10, 2005; and the Regular Commission Meeting that was held on Tuesday, January 11, 2005. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 25, 2005 CITY COMMISSION CHAMBERS@ 5:30P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 25, 2005. Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson of the Word of Truth Outreach after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger. 2005-07 INTRODUCTIONS/PRESENTATION: A. National Night Out. POLICE Denny Powers explained what National Night Out is, thanked Consumers Energy for their help, and presented certificates to the Neighborhood Associations and Consumers Energy. 2005-08 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Community Relations Committee that was held on Monday, January 3, 2005; the Commission Worksession that was held on Monday, January 10, 2005; and the Regular Commission Meeting that was held on Tuesday, January 11, 2005. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Contract for Walton Street Project Excavation. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve Community and Neighborhood Services to execute a contract with Watts Trucking and Excavating, 1872 Austin, Muskegon. Watts has the lowest bid, which was $13,500. The CNS Department received three other bids from Accurate Excavators, 4040 Central Rd., Muskegon - $17, 950; Eastside Excavators, 5555 Miller, Muskegon - $30,000; and McCormick Sand Inc., 995 S. 162nd, Shelby- $35,000. FINANCIAL IMPACT: The funding will be allocated from the City's 2003 HOME entitlement. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. COMMITIEE RECOMMENDATION: The Land Reutilization Committee and the City Commission approved the Walton Street project. C. FIRST READING-Zoning Ordinance Amendment for Outdoor Lighting. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2331 of Article XXIII (General Provisions) to amend the Outdoor Lighting in all districts language regarding street lighting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to amend language regarding street lighting. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T. Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the change. S. Warmington, B. Smith and T. Harryman were absent. D. FIRST READING-Zoning Ordinance Amendment to Require the Same Front Setback for a Major Street as a Collector Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 404, Article IV (R-1 Single Family Residential); Section 603, Article VI (RT Two Family Residential); Section 703, Article VII, (RM-1 Low Density Multiple-Family Residential); Section 803, Article VIII, (RM-2 Medium Density Multiple-Family Residential); Sections 903 & 907, Article IX (RM-3 High Density Multiple-Family Residential & MC Medical Care Districts); Section 1003, Article X, (B-1 Limited Business); Section 1103, Article XI, (B- 2 Convenience and Comparison Business); Section 1203, Article XII, (B-3 Central Business); Sections 1303 & 1308, Article XIII, (B-4 General Business & B-5 Central Governmental Service); Section 1403, Article XIV, (1-1 Light Industrial); Section 1503 & 1507, Article XV, (1-2 General Industrial & WI-PUD Waterfront Industrial Planned Unit Development); Section 1603, Article XVI (OSC Open Space Conservation); Section 1703, Article XVII, (OSR Open Space Recreation); Section 1803, Article XVIII. (LR Lakefront Recreation); Section 1903, Article XIX (WM Waterfront Marine); Section 2003, Article XX, (H Heritage), to amend the front setback requirement for a major street to be the same as a collector street, to match Table I. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to amend the front setback requirement for a major street to be the same as a collector street, to match Table I. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T. Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the request. S. Warmington, B. Smith and T. Harryman were absent. Motion by Commissioner Carter, second by Vice Mayor Larson to approve the Consent Agenda as submitted. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES 2005-09 PUBLIC HEARINGS: A. Create a Special Assessment District for Southern Ave .. Sixth to Seaway. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for Southern Avenue, Sixth Street to Seaway Drive, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 5:43 p.m. to hear and consider any comments from the public. Comments in favor of the project were heard from: Robert Kendall, 315 W. Southern Avenue; and Mary Jo MCCann, 461 W. Webster, Representing Nelson Neighborhood Association. Ed Simmons, 973 W. Forest also commented. Motion by Commissioner Davis, second by Commissioner Carter to close the Public Hearing at 5:49 p.m. and create the special assessment district for Southern Avenue, Sixth to Seaway. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter Nays: None MOTION PASSES 2005-10 NEW BUSINESS: A. Agreement with Muskegon Public Schools for Election Services. CITY CLERK SUMMARY OF REQUEST: To approve the Agreement with Muskegon Public Schools for Elections Services provided for all District School Elections. Under the new Election Consolidation legislation schools are no longer legally able to conduct their own elections. All duties are turned over to an Election Coordinating Committee made up of the clerks from communities in the School District, the County Clerk and the School District. One individual is selected as the Election Coordinator and since we have the largest number of residents in the district, we will be the Coordinator. This really is what we have been doing over the past 10 years that I have been Clerk in Muskegon. So it is business as usual regarding school elections except for some specifics in the law that requires a signed agreement by all members of the District Coordinating Committee. We will be reimbursed for all actual costs for the Elections. Both the City Attorney and the School District Attorney have reviewed the agreement and approved it as written. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval COMMITTEE RECOMMENDATION: Election Coordinating Committee recommends approval. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the agreement and authorize the Clerk to sign the agreement. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis Nays: None MOTION PASSES B. Taxicab License- Great Lakes Shuttle, 1087 W. Laketon. CITY CLERK SUMMARY OF REQUEST: Stephanie Tilford of Great Lakes Shuttle, whose office is located at 1087 W. Laketon, is requesting approval of a license to operate five taxicabs. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve this request contingent upon approval from the Police Department. Inspections, and applicant obtaining a special use permit for the location. Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the license contingent upon approval from the Police Department, Inspections, and applicant obtaining a Special Use Permit. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron Nays: None MOTION PASSES C. Water Plant Improvements Change Order. WATER FILTRATION SUMMARY OF REQUEST: To approve change order #6 of the Water Filtration Plant Improvements Project. A portion of this change order was authorized as "emergency" within the City's purchasing plan in order to keep the construction project on schedule. The remainder of the items are similarly critical but do not affect the project schedule. FINANCIAL IMPACT: The total cost of change order #6 is $159,561. BUDGET ACTION REQUIRED: None at this time. The change order cost will be applied to the total cost of the Improvements Project as funded by the Drinking Water Revolving Loan Fund. STAFF RECOMMENDATION: Staff recommends approval of the items authorized by the "emergency" procedure and the additional items as indicated in change order #6. Motion by Commissioner Spataro, second by Commissioner Gawron to approve the change order. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson Nays: None MOTION PASSES D. Extending the Deadline for Taking Action on Proposed Mall Historic District. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To extend the deadline for taking action on the proposed Mall Historic District. A public hearing was held on January 2 L 2004 but no action was taken. This public hearing triggered an automatic one-year deadline for taking action. Because that deadline has expired, Staff is now requesting that the City Commission extend the deadline for one more year. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution extending the time period to take action on whether or not to designate the Mall buildings as a historic district. Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the resolution extending the deadline for one more year. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd Nays: None MOTION PASSES E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Structures: 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 structures are unsafe, substandard, a public nuisance and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. 1. 1263 W. Larch- Area 12 CASE# AND PROJECT ADDRESS: #EN-030173, 1263 W. Larch LOCATION AND OWNERSHIP: This structure is located on W. Larch between Ruddiman and McGraft. It is owned by Deutsche Bank Trust in Texas and is currently in foreclosure. As of 12/03 this structure is owned by Martin/ Jane Engle. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 11/20/03. A notice and order to repair was issued 12/3/03. On 1/8/04 the HBA declared the structure substandard and dangerous. The case returned to the HBA 12/02/04 to allow new owners time to respond, no one was present and was declared substandard and dangerous. OWNER CONTACT: On 1/13/04 a contact for the bank called the Inspection office and stated the home is in foreclosure and they cannot do anything until the redemption period is up, which is 6 months. He was faxed all copies of previous notices. Mr. Engle contacted the Inspection Department in December 2004 stating he no longer owned the property he stated the property was taken by the bank. He gave contact numbers for Saxon Mortgage formerly Deutsche Bank. The Inspection Department contacted Saxon Mortgage who first said the property was sold but the Inspection Department checked and no deed was registered with said new owner. The title office was contacted that handled the sale and they reported that the sale was cancelled. Saxon Mortgage was contacted again who forwarded the Inspection Department to their foreclosure attorney's office. The office of the foreclosure attorney Orlands Assoc., reported that the foreclosure was never completed and that the property was still owned by Mr. Engle. A memo was sent to Mr. Engle and Saxon Mortgage stating these findings. There has been no owner contact since this time. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $18,100. ESTIMATED COST TO REPAIR: $8,000 plus the cost of interior repairs. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 2. 1856 Continental CASE# AND PROJECT ADDRESS: # EN-040047, 1856 Continental LOCATION AND OWNERSHIP: This structure is located on Continental between E. Holbrook Road and E. laketon Avenue and is owned by Phyllis Passenier. STAFF CORRESPONDENCE: A dangerous building inspection was conducted 4/19/04 also an interior inspection was conducted 6/10/04. Mr. and Mrs. Passenier were present for the HBA meeting. They stated they are in the process of getting estimates for the repairs now that the insurance company declared the house fixable. Bob Grabinski inquired on the construction that has been done to the home without permits and Mr. Passenier stated the house was sold on a land contract and the buyers did the work. A building permit for siding was issued 6/12/04. The permit expired 12/9/04. OWNER CONTACT: There has been no owner contact or inspections scheduled. FINANCIAL IMPACT: General Fund BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $12,949 ESTIMATED COSTTO REPAIR: $30,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 3, 341 Bauer- Area 11 CASE # AND PROJECT ADDRESS: # EN-040041, 341 Bauer LOCATION AND OWNERSHIP: This structure is located on Bauer between Spring Street and Pine Street and is owned by Muskegon Monument & Stone. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 4/30/04. No one was present to represent this case at the HBA 7/01/04 meeting. Henry Faltinowski stated he spoke with John Allen at about 4:30 and he said he would be at this meeting. A building permit to demolish was issued 7/16/04. The site has not been cleared of demolition debris. OWNER CONTACT: There has been no owner contact. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $1,696 ESTIMATED COST TO REPAIR: Building not salvageable STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 4. 61 Ottawa CASE# AND PROJECT ADDRESS: # EN-040059, 61 Ottawa LOCATION AND OWNERSHIP: This structure is located on Ottawa between Bayou and Marquette and is owned by Abonmarche Developers, P.O. Box 1088, Benton Harbor, Ml 49023. STAFF CORRESPONDENCE: A dangerous building inspection was conducted 5/25/04. It is a commercial building that has been vacant for some time. OWNER CONTACT: A fax was received the day of the HBA meeting asking for 6 months to allow them time to sell the structure. There has been no owner contact since that time. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $99,900 ESTIMATED COST TO REPAIR: $30,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 5. 1309 Sixth - Area 10 CASE# AND PROJECT ADDRESS: #EN-040067, 1309 Sixth Street. LOCATION AND OWNERSHIP: This structure is located on Sixth Street between Monroe Street and Merrill Street and is owned by Yvette Ikens. STAFF CORRESPONDENCE: This house was inspected by the trade inspectors 3/23/04 after the housing inspector realized it had never been removed from the dangerous building list since December 2002. At the time of the inspection, the house was owned by Brian VanFarowe who owns other rental properties in Muskegon. There has been no contact from him or his property manager, Alex Fortenberry, since the inspection and in July the house was open. Upon contacting Mr. Fortenberry about the missing door, it was discovered that Yvette !kens had purchased the property on a Land Contract. The city had the structure boarded 7/9/04. OWNER CONTACT: There has been no owner contact. FINANCIAL IMPACT: CDBG BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $14,600 ESTIMATED COST TO REPAIR: $25,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 6. 235 W. Forest CASE# AND PROJECT ADDRESS: #EN-040034, 235 W. Forest LOCATION AND OWNERSHIP: This structure is located on Forest Street between Fifth Street and Sixth Street and is owned by Louis Pimpleton. STAFF CORRESPONDENCE: A dangerous building inspection was conducted 3/12/04. No one was present to represent this case at the HBA meeting. It was found open and vandalized by officers in March. OWNER CONTACT: There has been no owner contact. FINANCIAL IMPACT: CDBG BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $18,500 ESTIMATED COST TO REPAIR: $10,000 exterior only. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Vice Mayor Larson, second by Commissioner Shepherd to concur with the Housing Board of Appeals decision to demolish all six structures. ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, and Spataro Nays: Davis MOTION PASSES F. Appointment of Brickley Delong as the City's Independent Auditor. FINANCE Motion by Vice Mayor Larson, second by Commissioner Spataro to appoint Brickley Delong as the City's auditor. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES PUBLIC PARTICIPATION: Various comments were heard from the public. ADJOURNMENT: The City Commission Meeting adjourned at 6:33 p.m. Respectfully submitted, ~o_L~ Gail A. Kundinger, MMC City Clerk. Commission Meeting Date: January 25, 2005 Date: January 19, 2005 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Contract for Excavation for Walton Street Project SUMMARY OF REQUEST: To approve for Community and Neighborhood Services to execute a contract with Watts Trucking and Excavating 1872 Austin, Muskegon. Watts has the lowest bid, which was $13,500. The CNS department received three other bids from Accurate Excavators 4040 Central Rd, Muskegon - $17,950; Eastside Excavators 5555 Miller, Muskegon - $30,000; and McCormick Sand Inc 995 S. 162"d, Shelby- $35,000. FINANCIAL IMPACT: The funding will be allocated from the City's 2003 HOME entitlement. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request COMMITIEE RECOMMENDATION: The Land Reutilization Committee and the City Commission approved the Walton St. project. Bid Proposal Excavator will be responsible for excavating of the three parcels at 243 Walton and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See the attached diagram for additional details. Excavator should include in his or her bid the removal of dht, all aaek tillillg and all other necessary components to complete this project in a quality manner. Accurata Excavators 4MO Central Rd. Muskegon. Ml 49445-9567 Bidder 231 780-2097 Details of Activities ?l~t>..!.ll.- Se.e- olt~ l~opo5~J Total Cost Bid Proposal Excavator will be responsible for excavating of the three parcels at 243 Walton and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See the attached diagram for additional details. Excavator should include in his or her bid the removal of dirt, all back filling and all other necessary components to complete this project in a quality manner. Details of Activities tk I ' .~ -;,+"-if 0·~ tl.z S; ·/-e. , A ,-J { h!'l "Z" rdr!t! $ r'1 tLJer. (, / c.rh'),l,'c-;; (! '1eldJ4ot- t/u, f- /s &/1 f/,e~e 1 I lie c)2 to be rfll-tclf'e!! d( e t!xtar tJn b o..c.k £;11 Total Cost ~~O,OOD- \ Bid Proposal Excavator will be responsible for excavating of the three parcels at 243 Walton and 265 Walton. The 3 parcels wili be 80' x 140' and the d~pth of 60". See the attached diagram for additional details. Exca\'ator should include in his or h{~r bid the removal of dirt, ali back filling ltnd all other necessary components to complete this projcet in a quality manner. -- ---~ -------- --·------- --- ---- -- ---------- ---- ------------------- Bid Proposal Excavator will be responsible for excavating of the three parcels at 243 Walton and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See the attached diagram for additional details. Excavator should include in his or her bid the removal of dirt, all back filling and all other necessary components to complete this project in a quality manner. Bidder "')adds :tVwk,n5 Q- Ewauo.+,'o~l Details of Activities (j) } CU)\C-f!.._ ~RA·IoJ s_ c. D' <\. f ; . £ D X 5 .t+ &b.u AiLe~ , S\oppl n.. (J) -o ~ r,.------. PARK ST. ~ r- I I )> (J) I I I (/) ~ I '~= =~ I I (J) ~ DO I I~=------~ f"11 z-; I ~D D~ I I 1~ - CJ (J) .I 1~1 l====:;r::= ~DOl ~~ ~, ,~ ~ -() -; II 1..-------. FIFTH ST. I CJc=J JeFFeRSON ST. ( AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Southern Ave. Sixth St. to Seaway Dr. 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 14TH DA YZ UAR:· 2005 . . Q_ ~ SUBSCRIBED AND SWORN TO BEFORE ME THIS dt{rA DAY OF Jao u a C/ , 2005. ~~. U& NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 7-??..s-- cJ~ CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that a special assessment district be created for the following project: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. The specific location of the special assessment district and the properties proposed to be assessed IS: All parcels abutting Southern Ave. from Sixth St. to Seaway Dr. The City Commission proposes that the City and property owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department during regular business hours- between 8:00A.M. and 5:00P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON JANUARY 25, 2005AT 5:30 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: January 15, 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 Tenace Street, Muskegon, MI 49440 (231) 724-6 705 or roo (231) 724-6773 ENGINEERING FEASIBILITY STUDY For Southern Ave., Sixth to Seaway Dr. The reconstruction of Southern between Sixth & Seaway, see attached exhibit for location, was initiated by the City and approved for over $350,000 of federal funds due to the conditions of the pavement and drainage facilities as well as it's designation as a collector street. The existing pavement has deteriorated to a level where, we believe, a total reconstruction is necessary. This section of road has not had, to the best of our records, any major work since the 1991 when it was resurfaced and has an average Pavement Condition Index of around 45. The proposed improvements (reconstruction) consist of following; I. Complete removal of existing pavement and replace with a new asphalt street section that would include curb.& gutter and a proposed width of 34' back to back. 2. Spot repairs on the existing sanitary sewer main 3. Water & Sanitary Services replacement where necessary A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is $550,000 with the length of the project being approximately 2300 lineal feet (project length) or 2822.28'ofassessable footage. This translates into an estimated improvement cost of $195 per assessable foot. The assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2005 Special Assessment Rates for this type of improvement MUSKEGON COUNTY M c H G A N BOARD OF COMMISSIONERS Paul T. Baade, Chair District10 Bill Gill, Vice-Chair District 8 January 12, 2005 Douglas A. Bennett Mohammed AI-Shatel, City Engineer District? City of Muskegon 933 Terrace Street Charles L. Buzzell District 2 Muskegon, Ml49443 Mr. AI-Shatel: James J. Derezinski District 4 In accordance with your request, I have examined the proposed special Marvin R. Engle assessment district entailing the reconstruction of Southern Avenue between Sixth District 5 Street and Seaway Drive. The purpose of this analysis is to document the reasonableness of this special assessment district by identifYing and quantifYing any Louis A. McMurray District9 accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is January 12, Robert Scolnik 2005. District11 In conclusion, it is my opinion that the special assessment amounts justly and I. John Snider II reasonably represents the accrued benefits to the properties encompassed by this District3 project. The amounts reflect the sum of the immediate estimated value Nancy A. Waters enhancement and the intrinsic value that will accrue from an overall increase in District 6 property values due to an improved quality of life created by the proposed project. Stephen R. Wisniewski As previously presented, the proposed special assessment district encompasses District 1 primarily residential properties. The front foot rate of $32.00 for the reconstruction of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of $34.43. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, () ,, L( ' Ci\l\£ AAJ_ :'Fj Vicki A. Emery, CMAE 3 U Sr Appraiser EQUALIZATION DEPARTMENT • 173 [. AF'I"LE: AVf.C, BUILDING C • MUSI<:EC;ON, Ml 49442 (231) 72~ -6386 • F'AX (23 i) 724· i i 29 nY {231) 722-4103 • An EEOI ADA I AA Employer January 14, 2005 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 if you require more information. A public hearing is also scheduled for this project on JANUARY 25, 2005. If you attend this public hearing you will be given an opportunity to make comments on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. January 14, 2005 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. The proposed special assessment district will be located as follows: All parcels abutting Southern Ave. from Sixth St. to Seaway Dr. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on JANUARY 25, 2005 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $550,000.00 of which approximately 16.57% ($91, 112.96) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (1 0) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, Mohammed AI-Shatel, P.E. City Engineer Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Ha/1. 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 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.- H-1587 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 infom1ation) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birth date Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security# _ _-_ _-_ _ Name Birth date Social Security # - - . INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include all household income) \\'age 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 {Propc11y taxes must be current 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 occnpics the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION . . FOR OFFICE USE ONLY APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please sec reverse side for instructions on providing proof of income, ownership, and property insurance. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: $243.68 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $7,797.76 Property Description CITY OF MUSKEGON REVISED PLAT 1903 LOTS 1 THRU 9 AND & VAC ALLEY ABUTTING SAID LOTS BLK 415 ALSO LOT 15 BLK 416 EXC PART USED FOR R R PURPOSES BLK 416 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED D Owner CoOwner/Spouse Signature ---------------- Signature -------------------- Address Address Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT H 1587 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 1 LORENZ ELDON L TRUST ASSESSABLE FEET: 243.68 24-205-415-0001-00 600 W SOUTHERN AVE COST PER FOOT: $32.00 @ 590.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $7,797.76 1 2 CITY OF MUSKEGON ASSESSABLE FEET: 57.75 24-205-416-0014-00 933 TERRACE ST PO BOX 536 COST PER FOOT: $32.00 @ 579.0 W GRAND AVE MUSKEGON Ml 49443-053 ESTIMATED P.O. COST: I $1 ,a4a.oo 1 3 LANGE ROBERT A ASSESSABLE FEET: 125.75 ( 24-205-416-0008-00 615 W DALE AVE COST PER FOOT: $32.00 @ 552.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $4.o24.oo 1 4 LANGE PROPERTIES LLC ASSESSABLE FEET: 75 24-205-416-0010-00 PO BOX 719 COST PER FOOT: $32.00 @ 1541. 8TH ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,4oo.oo 1 5 BEASLEY LOLA ASSESSABLE FEET: 37.5 24-205-417-0010-00 428 CATAWBA AVE COST PER FOOT: $32.00 @ 488.0 W SOUTHERN MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 .2oo.oo 1 6 MAJOR CHERYL K ASSESSABLE FEET: 75 24-205-417-0010-10 476 W SOUTHERN AVE COST PER FOOT: $32.00 @ 476.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,4oo.oo 1 7 WHEELER ABRAHAM ASSESSABLE FEET: 50 24-205-417-0009-00 412 W SOUTHERN AVE COST PER FOOT: $32.00 @ 466.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,6oo.oo 1 1/14/2005 Page 1 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 8 WHEELER ABRAHAM ASSESSABLE FEET: 50 24-205-417-0008-00 458 W SOUTHERN AVE COST PER FOOT: $32.00 @ 458.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,6oo.oo 1 9 WALKER GERTHA ASSESSABLE FEET: 50 24-205-417-0007-00 450 W SOUTHERN AVE COST PER FOOT: $32.00 @ 450.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.6oo.oo 1 10 WESTPHAL JERRY A ASSESSABLE FEET: 50 24-205-417-0006-00 PO BOX 5102 COST PER FOOT: $32.00 @ 1543. PARK ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1.6oo.oo 1 11 WHEELER ABRAHAM ASSESSABLE FEET: 54.8 24-205-418-0007-00 458 W SOUTHERN AVE COST PER FOOT: $32.00 @ 412.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,753.60 1 12 WHEELER ABRAHAM ASSESSABLE FEET: 56 24-205-418-0007-10 412 W SOUTHERN AVE COST PER FOOT: $32.00 @ 402.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,792.oo 1 13 NORWOOD KERRY L ASSESSABLE FEET: 55.3 24-205-418-0008-00 2152 HUNTERS PARK WEST COST PER FOOT: $32.00 @ 394.0 W SOUTHERN SAINT CLAIR Ml 48079 ESTIMATED P.O. COST: I $1.769.6o 1 14 WHEELER ABRAHAM ASSESSABLE FEET: 55 24-205-418-0008-1 0 412 W SOUTHERN AVE COST PER FOOT: $32.00 @ 384.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.76o.oo 1 1/14/2005 Page 2 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 15 CITY OF MUSKEGON ASSESSABLE FEET: 5.3 24-205-418-0008-20 933 TERRACE ST COST PER FOOT: $32.00 @ 372.0 W SOUTHERN MUSKEGON Ml 49443 ESTIMATED P.O. COST: $;__1_69_._60_,1 L l_ _ 16 VAZQUEZ CARLOS ASSESSABLE FEET: 50 24-205-418-0008-30 15136 OAKLAND COST PER FOOT: $32.00 @ 374.0 W SOUTHERN SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $1,6oo.oo 1 17 STATE OF MICHIGAN ASSESSABLE FEET: 0 24-205-419-0007-00 PO BOX 30735 COST PER FOOT: $32.00 @ 1542. 7TH ST LANSING Ml 48909-823 ESTIMATED P.O. COST: L l_ _ ..;...$0_.0_0_,1 18 DAVIS DORIS ASSESSABLE FEET: 56.6 24-205-419-0007-10 1715 GLENVALE CT SW COST PER FOOT: $32.00 @ 340.0 W SOUTHERN WYOMING Ml 49519 ESTIMATED P.O. COST: I $1,811.20 1 19 BIGLER MARVIN F TRUST ASSESSABLE FEET: 47 24-205-419-0008-00 918 BARAGA ST NE COST PER FOOT: $32.00 @ 328.0 W SOUTHERN GRAND RAPIDS Ml 49503 ESTIMATED P.O. COST: I $1,5o4.oo 1 20 CREWS JACQUELINE ET AL ASSESSABLE FEET: 47 24-205-419-0009-00 3528 MOHAWK DR COST PER FOOT: $32.00 @ 322.0 w SOUTHERN MUSKEGON Ml 49441-421 ESTIMATED P.O. COST: I $1,5o4.oo 1 21 DEUTSCHE BANK NATIONAL TR ASSESSABLE FEET: 47 24-205-419-0010-00 19900 PLUMMER ST # N180104 COST PER FOOT: $32.00 @ 314.0 w SOUTHERN CHATSWORTH CA 91311-554 ESTIMATED P.O. COST: I $1,5o4.oo 1 1/14/2005 Page 3 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 22 WOLDRING CHRISTINE F ASSESSABLE FEET: 47 24-205-419-0011-00 3121 MEYERS DR COST PER FOOT: $32.00 @ 306.0 W SOUTHERN MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,5o4.oo 1 23 BASCH JEFF ASSESSABLE FEET: 68.8 24-205-419-0012-00 3703 TAYLOR ST COST PER FOOT: $32.00 @ 1541. 6TH ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2.2o1.6o 1 24 S & R KADO LLC ASSESSABLE FEET: 132 24-205-432-0001-00 631 W SOUTHERN AVE COST PER FOOT: $32.00 @ 631.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $4,224.oo 1 25 SEAWAY STORAGE LLC ASSESSABLE FEET: 100 24-205-432-0014-00 PO BOX 719 COST PER FOOT: $32.00 @ 1573. MESSLER S MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $3,2oo.oo 1 26 SEAWAY STORAGE LLC ASSESSABLE FEET: 173.95 24-205-431-0007-00 PO BOX 719 COST PER FOOT: $32.00 @ 1600. MESSLER S MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $5,566.4o 1 27 CITY OF MUSKEGON ASSESSABLE FEET: 119.05 24-205-431-0006-00 933 TERRACE ST PO BOX 536 COST PER FOOT: $32.00 @ 561.0 w SOUTHERN MUSKEGON Ml 49443-053 ESTIMATED P.O. COST: I $3,809.60 1 28 SPEC DEVELOPMENT LLC ASSESSABLE FEET: 109.5 24-205-431-0003-00 11041VANHOE DR COST PER FOOT: $32.00 @ 543.0 W SOUTHERN MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $3,5o4.oo 1 1/14/2005 Page 4 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 29 MESCALL JULIE NBAYNE BRET ASSESSABLE FEET: 75 24-205-431-0002-10 515 SOUTHERN AVE COST PER FOOT: $32.00 @ 515.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,4oo.oo 1 30 BOGNER LAWRENCE F ASSESSABLE FEET: 50 24-205-431-0001-00 509 W SOUTHERN AVE COST PER FOOT: $32.00 @ 509.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,6oo.oo 1 31 CITY OF MUSKEGON ASSESSABLE FEET: 101.5 24-205-430-0004-00 933 TERRACE ST COST PER FOOT: $32.00 @ 487.0 W SOUTHERN MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $3,248.oo 1 32 LEE LINWOOD E II ASSESSABLE FEET: 48.5 24-205-430-0003-00 19065 ELIZABETH CT COST PER FOOT: $32.00 @ 475.0 W SOUTHERN SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $1 ,5s2.oo 1 33 STATE OF MICHIGAN ASSESSABLE FEET: 0 24-205-430-0002-00 430 W ALLEGAN 1ST FLOOR COST PER FOOT: $32.00 @ 469.0 W SOUTHERN LANSING Ml 48922 ESTIMATED P.O. COST: Ll---'-$0_.0_0_,1 34 HULBERT KATHERINE Z ASSESSABLE FEET: 25 24-205-430-0002-10 465 W SOUTHERN AVE COST PER FOOT: $32.00 @ 465.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.o. cosT: l'--_$_8_oo_.o_o_,l 35 MINTON DIMPLE ASSESSABLE FEET: 44 24-205-430-0001-00 457 W SOUTHERN AVE COST PER FOOT: $32.00 @ 457.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,4o8.oo 1 1/14/2005 Page 5 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 36 SCHWARTZ ROBBY P/KATHLEN ASSESSABLE FEET: 45 24-205-430-0001-10 12891 OAK CREST LN COST PER FOOT: $32.00 @ 447.0 W SOUTHERN GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $1 ,44o.oo 1 37 MUSKEGON PUBLIC SCHOOLS ASSESSABLE FEET: 0 24-205-429-0001-00 CRAIG SCHOOL COST PER FOOT: $32.00 @ 1580. PARK ST ESTIMATED P.o. cosT: IL..__ __c..$o_.o_o_,l 38 KLINGEL RHONDA ASSESSABLE FEET: 45 24-205-428-0001-00 PO BOX 252 COST PER FOOT: $32.00 @ 353.0 W SOUTHERN FRUITPORT Ml 49415-025 ESTIMATED P.O. COST: I $1,44o.oo 1 39 KAMP ROGER A SR ASSESSABLE FEET: 47.5 24-205-428-0001-10 517 LIVINGSTON AVE NE COST PER FOOT: $32.00 @ 347.0 W SOUTHERN GRAND RAPIDS Ml 49503 ESTIMATED P.O. COST: I $1 ,52o.oo 1 40 BAILEY LYN D/MARSHA ASSESSABLE FEET: 45 24-205-428-0001-20 339 W SOUTHERN AVE COST PER FOOT: $32.00 @ 339.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,44o.oo 1 41 DOREMIRE ROBERT/DEBRA ASSESSABLE FEET: 47 24-205-428-0022-00 3848 W TOWERING OAKS CIR COST PER FOOT: $32.00 @ 329.0 W SOUTHERN MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,5o4.oo 1 42 LINSTROM KATHLEEN ASSESSABLE FEET: 47 24-205-428-0021-00 323 W SOUTHERN AVE COST PER FOOT: $32.00 @ 323.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,5o4.oo 1 1/14/2005 Page 6 of 7 RECONSTRUCTION & UTILITIES HEARING DATE JANUARY 25, 2005 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. 43 KENDALL BETTY A ET AL ASSESSABLE FEET: 47 24-205-428-0020-00 315 W SOUTHERN AVE COST PER FOOT: $32.00 @ 315.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,5o4.oo 1 44 LANGLOIS JAMES A/PATRICIA A ASSESSABLE FEET: 47 24-205-428-0019-00 2976 ROOSEVELT RD COST PER FOOT: $32.00 @ 307.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,5o4.oo 1 45 MCCLAIN JODIE M ASSESSABLE FEET: 68.8 24-205-428-0018-00 1561 6TH ST COST PER FOOT: $32.00 @ 1561. 6TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,201.60 1 SUM OF ASSESSABLE FOOTAGE: 2822.28 SUM OF ESTIMATED P.O. COST: $90,312.96 I TOTAL NUMBER OF ASSESSABLE PARCELS 1/14/2005 Page 7 of 7 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 543 W SOUTHERN AVE Parcel Number 24-205-431-0003-00 Assessable Frontage: $109.50 Feet Estimated Front Foot Cost: $32.00 per Foot - --l ESTIMATED TOTAL COST $3,504.00 . \ Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3-5 BLK 431 ALSO LOT 2 BLK 431 EXC THAT PART DESC AS: Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED ~ Owner Signature hank you for taking the time to vote on this important issue. 28 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simpiy foid on ihe do tied iines so ihe address on ihe reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 328 W SOUTHERN AVE Parcel Number 24-205-419-0008-00 Assessable Frontage: $47.00 Feet Estimated Front Foot Cost: $32.00 per Foot 1 ESTIMATED TOTAL COST $1,504.00 •11'"iJ' ..I d,. I Property Description City Clerk:J m1 ~.· >.·· 1 CITY OF MUSKEGON ••. J REVISED PLAT OF 1903 LOT 8 BLK 419 Your vote COUi\jTSi Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED [32] Owner MAJi.VIN t..._ BIGLER CoOwner/Spouse Signature Signature ----------------------- )\\11·.·.. •' l /( . / ' { Address 918 BARAGA ST. NE I Address GRAND RAPIDS, MI 49503-1803 19 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 465 W SOUTHERN AVE Parcel Number 24-205-430-0002-10 RECEIVED Assessable Frontage: $25.00 Feet JAN 1 g 2nn5 Estimated Front Foot Cost: $32.00 per Foot City Clerks Office ESTIMATED TOTAL COST $800.00 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 2 BLK 430 Your vote C Please vote either in favor or opposed to thr I AM IN FAVOR'~ Owner :·:;;/0 J:l<-..r 1-l u_iJ.LI<'j·)rcoo S ,g 114 ·u· . na tu r e ) cL \..( --Jn\ \ or, - -1-- u...J.!...Vc:h,.;J Address i.../ ~o ~5 uU 6uvc. ikeeo, v\.. .. Thank you for taking the time to vote or SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 306 W SOUTHERN AVE Parcel Number 24-205-419-0011-00 Assessable Frontage: $47.00 Feet Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $1,504.00 RECEIVED CITY OF MUSKEGON Property Description CITY OF MUSKEGON L JAN 2 5 2005 REVISED PLAT OF 1903 LOT 11 BLK 419 ENGINEERING DEPARTMENT Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR /' D I AM OPPOSED (Z] Owner (~ {<-<--i 7 [,_~j}Z.<'.. CoOwner/Spouse vL Signature (-!__,1.A.•"-~'- \ )):>\;J\~-...<(______ Address Thank you for taking the time to vote on this important issue . 25 \ •~'&e_'::o s~c~\0'& -\o \(i\L\ . _L~) \""-\ QlL~ ~:~ \oi\cl \U\?~0~~ \ SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1600 MESSLER ST Parcel Number 24-205-431-0007-00 Assessable Frontage: $173.95 Feet FL> · Estimated Front Foot Cost: $32.00 per Foot l;'\>1 ) ., ESTIMATED TOTAL COST $5,566.40 '-' . _. . ., r'l C.~:,.v :',_I Property Description .CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 431 DESC AS COM@ INT OF NLY ROW LN FOREST AVE & WLY ROW LN PENNSYLVANIA RR TH N 890 58M W 194.10 FT TO ELY ROW WAGNER AVE Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR Cni\1'\IC \: D ~ i\.Q_ I AM OPPOSED ~ Owner CoOwner/Spouse Signature Signature --------------------- ~~~~~~~~~~ Address Address Thank you for taking the time to vote on this important issue. 26 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the doiied lines so the address on ihe reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1561 6TH ST Parcel Number 24-205-428-0018-00 Assessable Frontage: $68.80 Feet -Rl:'r:J 1:: r\i: · 1 ' Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $2,201.60 City Clerks O! Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 428 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED IRJ CoOwner/Spouse ~~~~~~~~-- Signature --------------------- JA11~ Address Vb'&J- ( 9-t ·Sf. 1 Address 45 Thank you for taking the tim;£ :te on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By: JANUARY 25, 2005 Project Title: SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. Project Description: RECONSTRUCTION & UTILITIES INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 315 W SOUTHERN AVE Parcel Number 24-205-428-0020-00 Assessable Frontage: $47.00 Feet l Estimated Front Foot Cost: $32.00 per Foot ESTIMATED TOTAL COST $1,504.00 Property Description CITY OF MUSKEGON REVISED PLAT 1903 LOT 20 BLK 428 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR D I AM OPPOSED Owner Signature Address Thank you for taking the time to vote on this important issue. 43 H-1587 ·SOUTHERN AVE., SIXTH ST. TO SEAWAY DR. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION FEET PERCENTAGE TOTAL NUMBER OF PARCELS· 43 FOR OPPOSE LETTER# ST# STNAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 2822.28 ... 34 465 W. SOUTHERN 24-205-430-0002-10 25.00 25 1573 MESSLER 24-205-432-0014-00 100.00 43 315 W. SOUTHERN 24-205-428-002()..00 47.00 26 1600 MESSLER 24-205-431-0007-00 173.95 FRONT FEET OPPOSED 640.25 22.69% 45 1561 SIXTH ST. 24-205-428-0018-00 68.80 22 306 W. SOUTHERN 24-205-419-0011-00 47.00 RESPONDING FRONT FEET IN FAVOR 72.00 2.55% 20 322 W. SOUTHERN 24-205-419-0009-00 47.00 42 323 W. SOUTHERN 24-205-428-0021-00 47.00 NOT RESPONDING- FRONT FEET IN FAVOR 2110.03 74.76% 19 328 W. SOUTHERN 24-205-419-0008-00 47.00 28 543 W. SOUTHERN 24-205-431-0003-00 109.50 TOTAL FRONT FEET IN FAVOR 2182.03 77.31% TOTALS 72.00 640.25 TABULATED AS OP12:17 PM 11261200512:17 PMTABULATION OF THE RESPONSES TO THE SP ASS HEARING ON SOUTHERNAVE TO: Mayor and City Commission FROM: Gail A. Kundinger, City Clerk DATE: January 19, 2005 RE: Agreements with Orchard View School District and Reeths-Puffer School District. At your January 25'11 City Commission meeting I have placed on the agenda a request for approval of an agreement with the Muskegon Public School District to conduct their school elections. Residents in our city also are in Orchard View School District (approximately 50 voters) and Reeths-Puffer School District (only 3 voters), and as required by Election Consolidation law I am required to sign the agreements for these school districts also. The elections for Orchard View will be run by Muskegon Township Clerk and Reeths- Puffer will be run by Fruitland Township Clerk. We will not be required to do anything for these school districts. I am requesting that you give me the authority to sign both additional agreements after the city attorney has reviewed them. Date: January 25, 2005 To: Honorable Mayor and City Commissioners From: City Clerk Gail Kundinger RE: Agreement with Muskegon Public Schools for Election Services SUMMARY OF REQUEST: To approve the Agreement with Muskegon Public Schools for Elections Services provided for all District School Elections. Under the new Election Consolidation legislation schools are no longer legally able to conduct their own elections. All duties are turned over to an Election Coordinating Committee made up of the clerks from communities in the School District, the County Clerk and the School District. One individual is selected as the Election Coordinator and since we have the largest number of residents in the district we will be the Coordinator. This really is what we have been doing over the past 1o years that I have been Clerk in Muskegon. So it is business as usual regarding school elections except for some specifics in the law that requires a signed agreement by all members of the District Coordinating Committee. We will be reimbursed for all actual costs for the Elections. Both the City Attorney and the School District Attorney have reviewed the agreement and approved it as written. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval COMMITTEE RECOMMENDATION: Election Coordinating Committee recommends approval. Initial Report to the Secretary of State from the Election Coordinating Committee for the Muskegon Public Schools (Muskegon County, Michigan) Pursuant to MCL Section 168.305(1) as amended, the Election Coordinating Committee (the "Committee") for the Muskegon Public Schools, Muskegon County, Michigan (the "District") held its initial meeting, following the January 1, 2005 effective date of the State's new election consolidation legislation, on January I 0, 2005. The Committee makes and files this initial report with the Secretary of State, pursuant to MCL Section 168.305(1) as amended, to set fmih the arrangements that have been agreed upon for the conduct of the District's elections (both regular and special). Pursuant to MCL Section 168.4(d)(ii) as amended, the District's Election Coordinating Committee is composed of the following: • Muskegon County Clerk (Karen D. Buie) • Norton Shores City Clerk (Lynne Fuller) • Muskegon Public School District (Joseph Schulze) • City of Muskegon Clerk (Gail Kundinger), the District's Election Coordinator The District has territory in more than one city or township, and the committee agrees that the Muskegon City Clerk (Gail A. Kundinger) will serve as the District's Election Coordinator. The District's Board of Education has, pursuant to statute, selected the annual May election date (i.e. the first Tuesday after the first Monday in May of both even and odd years) for holding its regular school elections. The District's Board of Education, consisting of seven members serving four year terms, are elected at the District's regular elections. The arrangements for the conduct of the District's elections (both regular and special), as initially agreed upon by the Committee, are as follows: A Election Coordinator Duties. The District's Election Coordinator (i.e. the Muskegon City Clerk) shall: 1. Conduct the district's regular elections and receive requests from the District's School Board to hold special elections; and receive petitions for District regular and special elections as permitted by statute. 2. Receive nominating petitions, filing fees and affidavits of identity from candidates for the District's Board of Education. 3. Provide qualified voter file precinct lists. 4. Certify candidates for the District's Board of Education. 5. Receive ballot proposal language. 6. Handle ballot printing and proofing. Procure all necessary ballots and order supplies for the election. 7. Prepare and publish (in accordance with legal requirements) the notices of registration (i.e. last day of registration) and the notices of election. 8. A!Tange for such programming/coding of voting equipment as may be required; and ensure that the voting equipment is properly tested. 9. Perform such other duties as are necessary to the proper conduct and handling of the District's elections. 10. Recruitment and approval of qualified election inspectors. Train election inspectors. 11. Distribute, receive and process absent voter ballot applications, and handle the issuance and return of absentee ballots. 12. Publish accuracy test notices (in accordance with legal requirements) in connection with the use of electronic voting equipment; and conduct proper tests of the voting equipment. 13. AITange and handle the set-up of polling places for the election. 14. Handle election day issues and troubleshooting. 15. Upon receipt of the same, transmit election results to the County Board of Canvassers for the canvass and certification of the election. 16. Store voted ballots after the election. 17. Prepare and present reimbursement requests to Muskegon Public School District. C. District Only Issue Elections. When a District election (whether regular or special) occurs within a city or township which lies (in whole or in part) within the District on a date when the only issue(s) being voted upon are District issues. then and in such event the following provisions shall apply: I. The aJTangements set forth in Paragraphs A above (including their respective subparagraphs) will apply; and the Election Coordinator (i.e. the Muskegon City Clerk) shall conduct the District election within said city or township. except for any lawfully delegated duties: and The District's established voting precincts and polling places within said city or township shall be used for the District's election. (MCL Section 168.305(4) as amended). D. District Plus Other !i.e. Non-District) Issue Elections. When a District election (whether regular or special) occurs within a city or township which lies I in whole or in part) within the District on a date when the city or township is also holding an election (whether for elective office and/or on a ballot question), then and in such event the following provisions shall apply: I. The arrangements set forth in Paragraphs A above (including their respective subparagraphs) shall be modified in such manner and to such extent as may be agreed upon in writing, 2. The Election Coordinator agrees to use the District's polling places, which are the same precincts and polling places as are used for state and federal elections; and if such use changes the polling place used by District electors in District only elections, then and in such event the city or township clerk shall provide the District electors with timely and proper notice of the location of the different polling place to be used for the election. This will ensure that electors wishing to vote both in the District election and in the election being held within the city or township on other (non-District) issues will not be required to vote at two different locations. (MCL Section 168.305(4) as amended.) E. Cost Reimbursement. For conducting or assisting (by vitiue of a delegation of duties) in the conduct of the District's elections (both regular and special), the County and City shall be paid by the District an amount determined in accordance with MCL Section 168.315 as amended. In this regard, if the District's election is held in conjunction with another election conducted by the County, city or township, the District shall pay 100 percent of the actual additional costs attributable to conducting the District's election. If the District's election is not held in conjunction with another election conducted by the County, city or township, the District shall pay 100 percent of the actual cost of conducting the District's election. The County, and each city or township, shall provide the District with a verified account of its reimbursable costs within 84 days after the election; and the District shall pay or disapprove all or a portion of each such verified account within 84 days after receipt of the same. Such verified accounts shall be prepared and evaluated in accordance with MCL Section 168.487 as amended (e.g. reimbursable costs do not include salaries of permanent local officials, the cost of reusable supplies and equipment, etc.). In the event the District's Board disapproves of all or a portion of a verified account. the Board shall cause notice of such disapproval (together with the reasons for it) to be sent to the County, city or township. If requested by the County, city or township, the Board shall review its disapproval with the County, city or township. If the District and the County cannot agree on the reimbursable costs. the Secretary of State shall determine the same. If the District and a city or township cannot agree on the reimbursable costs, the disagreement shall be mediated by the Muskegon County Clerk prior to submission (if necessary) of the disagreement to the Secretary of State for tina! determination. F. Other Arrangements. The District's Election Coordinator may call such !utiher meetings of the District's Election Coordinating Committee, not less often than every two years. as he or she may deem necessary or advisable to consider such changes or modifications to the arrangements set f011h in this repoti as the Election Coordinating Committee may agree upon; and the District's Election Coordinator shall file such further repmis with the Michigan Secretary of State as may be required. It is fi.Jrther contemplated that the District's Election Coordinator may, with the consent and approval of the District's Superintendent, consult with the District's legal counsel or others as may be required or appropriate to ensure the proper preparation for and conduct of the District's elections. A copy of this report, having been approved and signed by each member of the District's Election Coordinating Committee, shall be filed by the Election Coordinator with the Secretary of State and shall be provided to each member of the Committee. The Secretary of State's copy (original) shall be mailed to: Michigan Department of State Bureau of Elections P.O. Box 20126 Lansing, Ml 48901-0726 Dated: ~~u~-$Jlh= ynne• uller Gail A. Kundinger, MMC Norton Shores City Clerk Muskegon City Clerk * This agreement will take effect immediately and will be in effect for two years, at which time the District's Election Coordinating Committee will meet to discuss future agreement specifics. Date: January 25, 2005 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Taxicab License Great Lakes Shuttle 1087 W. Laketon SUMMARY OF REQUEST: Stephanie Tilford of Great Lakes Shuttle, whose office is located at 1087 W. Laketon, is requesting approval of a license to operate five taxicabs. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve this request contingent upon approval from the Police Department, Inspections, and applicant obtaining a special use permit for the location. APPLICATION FOR TAXICAB OPERATOR in the CITY OF MUSKEGON, MICHIGAN Name of Address Name & Residence of ) each person interested ) in or connected with the ) above, individual, firm or) corporation. ) Present Business of each person connected with the above application. Number of cabs applicant proposes to use 511!g[1/\J 6, ·, S, Are there any unpaid or unbonded judgments N D of record against the applicant ------------~~~----------------~--------- Have any of the persons connected with the above as individual, firm or corporation been charged with or convicted of any crime or misdemeanor, if so, state date and Court. 0 Name o£ insurance company with which applicant is insured and amount of coverage. ~~~~~~~~~~cr~~~~~ Is the above applicant the sole owner of all the automobiles proposed to be used? ~ es State liens, mortgages or otl:er encumbrances including conditional sales contracts on such taxicabs. --------------------------------------------------- My commission expires Chief of Police Date: January 25, 2005 To: Honorable Mayor and City Commission From: Robert Veneklasen, Water Filtration RE: Water Plant Improvements Change Order SUMMARY OF REQUEST: To approve change order# 6 of the Water Filtration Plant Improvements Project. A portion of this change order was authorized as "emergency" within the Citys purchasing plan in order to keep the construction project on schedule. The remainder of the items are similarly critical but do not affect the project schedule. FINANCIAL IMPACT: The total cost of change order #6 is $159,561.00. BUDGET ACTION REQUIRED: None at this time. The change order cost will be applied to the total cost of the Improvements Project as funded by the Drinking Water Revolving Loan Fund. STAFF RECOMMENDATION: Staff recommends approval of the items authorized by the "emergency" procedure and the additional items as indicated in change order #6. ( I t) TETRA TECH MPS 3949 Sparks Drive SE, Suite 101, Grand Rapids, Mt 49546 Telephone: 616.942.5566 Fax: 616.942.5787 Distribution: Owner -1 Contractor - 1 Engr (Office -1, RPR - 1) CHANGE ORDER Steve Bush- MDEQ GR- 1 Mike Cox- MDEQ LA-1 Owner: City of Muskegon Title: Water Filtration Plant improvements Contractor: Muskegon Construction Company Contract No. 0482.031-W-1 Change Order No.: 6 Date: 1/17/05 TO THE CONTRACTOR NAMED ABOVE: Under the above contract and upon approval of the Owner, we hereby recommend the following changes to the contract: 1. Cover the existing ceiling on the first floor of the south vestibule of the Auxiliary Pump Station with a drywall ceiling supported by metal studs. ADD $910.00 REASON: The existing plaster ceiling is deteriorating and drywall is an economical solution. 2. Provide brushed aluminum receptacle, data, and phone fixtures on the proposed laboratory casework. ADD $2,291.00 REASON: The casework did not include electrical fixtures. 3. Locate the turbidimeters near the filtered water confluence point in Filters 7-10 pipe gallery in lieu of the west wall of the Wet Laboratory. ADD $3,190.00 REASON: Relocating the turbidimeters will provide additional space and accommodate new equipment in the Lab. 4. Provide an electric duct heater with controls in the duct serving Rooms 100 and 101. ADD $3,447.00 REASON: A long-term operational savings will be realized because the duct heater will provide supplementary heat when the boiler is not in service, reducing the number of days the boiler is required to operate. Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6 Page 1 of 4 5. Provide a new trench drain along the entire north wall and the northerly 15 feet of the west wall connecting to a 4-inch pipe drain under the floor to the north end of the HS suction pipe trench. ADD $1,488.00 REASON: The trench drain will allow groundwater leakage along the walls to drain to the pipe trenches without traversing across the floor. 6. Coat exposed reinforcing steel in the ceiling of Filters 1-6 gallery. Hand prepare the steel to be repainted. ADD $6,913.00 REASON: The existing exposed resteel in the selected locations is not causing concrete spalling and can be adequately be repaired by sealing with a rust inhibiting coating. This change will ultimately reduce the amount of unit price concrete surface repair required. 7. Perform lead abatement to the piping in the existing Influent Valve Vault to the Harvey Street Reservoir. Pressure wash the existing coal tar off from the reservoir piping. Existing primer to remain. Coat the piping in the Reservoir with two coats of Tnemec Pota Pox Series 20. NO CHANGE REASON: The existing coating in the Valve Vault and Reservoir has tested positive for containing lead based primer. The existing primer in the Reservoir is in good condition and can be encapsulated with NSF approved coating. A cost savings is realized by encapsulating the reservoir piping. However, the coating in the Valve Vault must be sandblasted and lead abatement must be performed. The savings in the Reservoir is applied to lead abatement in the Valve Vault to result in no net change in cost. 8. Clean and coat the interior of the existing influent pipe at the Harvey Reservoir with Tnemec Series 400 Elastoshield Polyurea. ADD $1,709.00 REASON: The existing piping has been severely corroded. The pipe cannot be replaced in a cost effective manner, due to the location of the leaks. 9. Remove existing insulation on the discharge piping in the High Service Pump Station. Perform lead abatement and paint the existing piping. Provide new Type 1 insulation as specified. ADD $75,022.00 REASON: The existing insulation was removed in the location of the proposed connection to the new water main. The existing piping under the insulation was coated with primer only and is experiencing corrosion, indicating a performance failure of the existing insulation. The existing pipe coating tested positive for containing lead based primer. Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6 Page 2 of 4 10. Cap the sides of the window openings in the common wall between the Pretreatment Building and the South Filter Building. Provide aluminum sheet metal with concealed fasteners. ADD $6,257.00 REASON: After the existing block windows were demolished, the remaining exposed brick that was previously covered by the windows shows evidence of damaged from freeze- thaw processes. This condition was concealed by the block windows. 11. Recoat the existing floor surfaces in the Filters 1-6 gallery and Filters 7-10 gallery with Epoxy paint. Prepare the existing surface with a drum sander utilizing vacuum dust control. ADD $4,325.00 REASON: The existing floor enamel coating was damaged during construction activities. The Owner has chosen an Epoxy replacement coating, which is more expensive, however, more durable than floor enamel. The Owner and Contractor have agreed to share the $8000 expense. 12. Change the height of the proposed chain link fence at the High Service Pump Station from 6-foot to 10-foot (Two of which is to be ground buried). ADD $5,061.00 REASON: Owner's request to improve the security of the Water Filtration Plant. 13. Remove existing decorative handrail at the south end of the Filters 1-6 Pipe Gallery. Provide new aluminum handrail on the existing concrete stairway. ADD $3,117.00 REASON: The existing railing is severely corroded and is in need of replacement. The cost savings from not performing the scheduled lead abatement and painting will be applied to lead abatement at the Auxiliary Pump Station. 14. Remove paint from the ceiling of the Filters 7-10 Filter Gallery. ADD $6,766.00 REASON: The existing paint is peeling and falling in the filters. Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6 Page 3 of 4 15. Perform concrete crack repair and concrete surface repair (less than 2-inch depth) on the ceiling of the Filters 1-6 Filter Gallery. The cost was calculated based on approximate quantities. The cost will be adjusted according to actual repaired quantities and adjusted in a balancing change order. ADD $39,065.00 REASON: The Contract concrete crack repair and surface repair prices did not include the ceiling over the filters. Additional setup is required for these areas. Additional materials are required for overhead applications. The cracks present a potential for moisture from the filter gallery to corrode the reinforcing steel in the ceiling. Surface repair is needed to protect the reinforcing steel and prevent concrete from spalling into the filter cells. Current Contract Amount $15,913,332.00 This Change Order, ADD $159,561.00 Revised Contract Amount $16,072,893.00 RECOMMENDED BY: Tetra Tech MPS DATE: _ __ Dennis J. Benoit, P.E. ACCEPTED BY: Muskegon Construction Company DATE: _ _ __ Gary Post, P.E. APPROVED BY: City of Muskegon DATE: _ _ __ Robert Veneklasen Muskegon WFP lmpr. 0482031-W-1 Draft Change Order6 Page 4 of 4 MEMORANDUM 1/17/05 TO: M. AL-SHATEL, DEPUTY DPW DIRECTOR FROM: R. VENEKLASEN, WATER FILTRATION PLANT RE: WATER FILTRATION PLANT IMPROVEMENTS PROJECT CHANGE ORDER #6 The Improvements Project at the Water Filtration Plant is facing some unexpected and unforeseen items that must be addressed. There are a number of items included in change order #6; two of which (items # 11 & 15 of the attached C.O.) we found necessary to address under the emergency purchasing procedures in order to avoid delaying the project progress. Those items being the recoating of the existing floor surfaces in filters 1 - 6 and the concrete crack and surface repair on the ceiling of filter 1 - 6 gallery. These items are critical due to the work occurring in filters 1 - 6. Included is a copy of change order #6, inclusive of the two aforementioned items, for your review. PROJECT HISTORY The Water Plant Improvements Project began one year ago. Over the course of the year there have been a number of items that have required attention to keep the project on schedule. These items were addressed in change orders with costs that did not require City Commission action. CHANGE ORDER COST & DWRF FUNDING The Improvements project is funded by the State Drinking Water Revolving Fund (DWRF) with the initial bid cost of $15,560,000.00. Due to the favorable interest rate it was decided to add the remodeling of the laboratory/control room to the available funding in the form of change order #1. The following is a breakdown of the project costs to date including change order #6. Initial Improvements Project cost $15,560,000.00 Change Order #1 (lab) $256,800.00 (approved by Commission) Change Order #2 $21,346.00 (approved by Staff) Change Order#3 $27,913.00 (approved by Staff) Change Order#4 $21,152.00 (approved by Staff) Change Order #5 $26,121.00 (approved by Staff) Change Order #6 $159,561.00 (partially approved by staff) Total project cost with change orders 1 - 6 $16,072,893.00 The DWRF funding allows change orders up 4% of the project cost. In our circumstance this includes change order #1 for a total of $632,672.00. Inclusive of change order #6 we will have $376,000.00 remaining as contingency for any further unforeseen needs. PROJECT PROGRESS The Water Plant Improvements Project is nearly two-thirds complete. It is anticipated that the project has revealed the majority of unexpected circumstances due to this progress and there will be a minimum of items to address in the future. Commission Meeting Date: January 25, 2005 Date: January 19, 2005 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Extending the deadline for taking action on proposed Mall Historic District SUMMARY OF REQUEST: To extend the deadline for taking action on the proposed Mall Historic District. A public hearing was held on January 21, 2004 but no action was taken. This public hearing triggered an automatic one-year deadline lor taking action. Because that deadline has expired, Stall is now requesting that the City Commission extend the deadline lor one more year. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution extending the time period to take action on whether or not to designate the Mall buildings as a historic district. COMMITTEE RECOMMENDATION: 1/20/2005 Resolution No. 2005-1 0(d) MUSKEGON CITY COMMIS SION RESOLUTION TO EXTEND THE DEADLINE FOR CONSIDERARTION OF THE POTENTIAL MALL HISTORIC DESIGNATION WHEREAS, the Muskegon City Commission previously designated a historic district study committee to conduct basic research, inventory, and detennine the historic significance of a resource or resources within a proposed histmic district located in the mall, described as: CITY OF MUSKEGON REVISED PLAT OF 1903, Lot 16 EXC SWLY 8 FT, BLK 565 (Daniels); CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17, BLK 565 (Century Club); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 18, BLK 565 (Savings and Loan! GTE); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 8, BLK 311 (National City); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 11 , BLK 310, AND THEE 35 FT OF N I 0 FT OF VAC FIRST STAND N Y2 OF VAC E/W ALLEY ADJ. TO SD PROP (Hackley Bank); WHEREAS, the automatic one year deadline to take action expired on January 21 , 2005, and WHEREAS, under state statute in establishing an historic dishict (section 399.203 of Public Act 169), the local legislative body may extend the deadline for taking action on whether or not to designate a histmic district, NOW THEREFORE BE IT RESOL YEO, that the deadline foi· taking action on whether or not .to designate this specific proposed historic district be extended for one year to expire on January 25, 2006. Adopted this 25th day of Januaty, 2005. Ayes: Spataro, Wannington, Catter, Davis, Gawron, Larson, and Shepherd Nays: None Absent: None ~L~ d Gail Kundinger, MMC City Clerk CERTIFICATION 2005- 1O(d) I attest that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on January 25, 2005. 1iw- L~ l iY Gail Kundinger, MMC C lerk DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-030173 Address: 1263 W. Larch. 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 1263 W. Larch 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-030173, 1263 W. Larch. Location and ownership: This structure is located on W. Larch between Ruddiman and McGraft. It is owned by Deutsche Bank Trust in Texas and is currently in foreclosure. As of 12/03 this structure is owned by Martin/Jane Engle. Staff Correspondence: A dangerous building inspection was conducted on 11/20/03. A notice and order to repair was issued 12/3/03. On 1/8/04 the HBA declared the structure substandard and dangerous. The case returned to the HBA 12/02/04 to allow new owners time to respond, no one was present and was declared substandard and dangerous. Owner Contact: On 1/13/04 a contact for the bank called the Inspection office and stated the home is in foreclosure and they cannot do anything until the redemption period is up, which is 6 months. He was faxed all copies of previous notices. Mr. Engle contacted the Inspection Department in December 2004 stating he no longer owned the property he stated the property was taken by the bank. He gave contact numbers for Saxon Mortgage formerly Deutsche Bank. The Inspection Department contacted Saxon Mortgage who first said the property was sold but the Inspection Department checked and no deed was registered with said new owner. The title office was contacted that handled the sale and they reported that the sale was cancelled. Saxon Mortgage was contacted again who forward the Inspection Department to their foreclosure attorney's office. The office of the foreclosure attorney Orlands Assoc., reported that the foreclosure was never completed and that the property was still owned by Mr. Engle. A memo was sent to Mr. Engle and Saxon Mortgage stating these findings. There has been no owner contact since this time. Financial Impact: General Funds Budget action required: None C:\Documents and Settings\Potter\Local Settings\femporary Internet FilcsDLKlA\AGENDA -1263 W Larch(2) (2).docpage 1 of 2 State Equalized value: $18,100 Estimated cost to repair: $8,000 plus the cost of interior repairs Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, January 25, 2005. C:\Documents and Settings\Potter\Local Settings'lfcmporary Internet Files\OLKIA\AGENDA -1263 W Larch(2) (2).doqJage 2 of2 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1263 W. Larch 11/20/03 Inspection noted: 1. Garage- roof is collapsing. 2. Garage- Separation wall between house and garage is damaged. 3. Garage -electrical is incomplete. 4. Residence- Soffitt & fascia is damaged. 5. Residence- Front steps need repair. 6. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 7. 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 Internet Files\OLKIA\1263 W Larch (2).doc l ~ b 3 cJ ( L.4-r0JtA- ~I<-10'-'-~"-' &dl~--s~ \ AGREEMENT THIS AGREEMENT, made this May 3, 2005 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 1263 W. Larch 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 $3445.00. 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: - I A•1' '""'f ;X', rd " tift<. Printed name and title ATTEST: CITY OF MUSKEG (SEAL) CERTIFICATION (IF APPLICABLE) --"lc::~,_,_,_1 1 I, _:'',__···_s,_··_,..-','-"""'--'-'·-·_ _ _ , certify that I am the -""-''J.::.I""''It'-'-.-'--'_ _ _ _ __ !G._:. of the Corporation named as contractor herein; , who signed this Agreement on behalf of the Contractor, was then ]';i:, "" •. , ( ~~~) '\' <· r>cof 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. (CORPORATE SEAL) DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040047 Address: 1856 Continental. 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 1856 Continental 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 - 04004 7 - 1856 Continental Location and ownership: This structure is located on Continental between E. Holbrook Rd and E. Laketon Ave. and is owned by Phyllis Passenier. Staff Correspondence: A dangerous building inspection was conducted 04/19/04 also an interior inspection conducted 06/10/04. Mr. and Mrs. Passenier were present for the HBA meeting. They stated they are in the process of getting estimates for the repairs now that the insurance company declared the house fixable. Bob Grabinski inquired on the construction that has been done to the home without permits and Mr. Passenier stated the house was sold on a land contract and the buyers did the work. A building permit for siding was issued 06/12/04. The permit expired 12/09/04. Owner Contact: There has been no owner contact or inspections scheduled. Financial Impact: General Fund Budget action required: None State Equalized value: $12,949 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, January 25, 2005. C:\Documents and Settings\Potter\Local SettingsWemporary Internet FilesiOLKlA\AGENDA- 1856 Continental (2).docpage 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1856 Continental 4119104 Inspection noted: 1. Incomplete foundation wall- repair to 2003 Michigan Residential Code. 2. Porch on back of home must be removed and rebuilt to 2003 Michigan Residential Code. 3. Rafter investigation required on entire system. 4. Rebuild roof system to 2003 Michigan Residential Code, soffit, fascia, rafters ventilation. 5. Repair front porch - landing. 6. Remove deteriorated shed in back yard. 7. Replace all damaged siding. 8. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 9. 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. HENRY FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1856 Continental (3).doc CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1856 Continental (INTERIOR INSPECTION) 6110104 Inspection noted: 1. Rewire house to meet 2003 Michigan Residential Code. 2. Replace electric service to meet 2003 Michigan Residential Code. 3. Add smoke alarms to meet 2003 Michigan Residential Code. 4. Total mechanical and plumbing to be replaced to meet 2003 Michigan Residential Code. 5. Remove rooms from cellar. 6. Provide attic access- rafter inspection required. 7. Foundation wall repair- engineered design required. 8. Roof & soffit need to be replaced. 9. Remove back porch. 10. Replace basement stairs to meet 2003 Michigan Residential Code. 11. All interior framing must meet 2003 Michigan Residential Code. 12. Egress windows required to meet 2003 Michigan Residential Code. 13. One 3' x 6' 8" door required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. HENRY FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1856 Continental (4).doc AGREEMENT THIS AGREEMENT, made this May 3, 2005 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 _ __ c-:---:----::-:c--:-:-); 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 1856 Continental 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 $2795.00. 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: ATTEST: (SEAL) CERTIFICATION (IF APPLICABLE) I, --1\~_._'--'\'-'·\C>._,_,v'-'\~~'<_."r'""'-c~:;~'("")_._r_·_ _ _ , certify that I am the ----'-r--'-y-"'-"''~'-'-~-'-'·_ _ _ _ __ of the Corporation named as contractor herein; , who signed this Agreement on behalf of the Contractor, was then-"'.~""'\/'_'""'..:;_ _ _ _ _ _ _ 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. (CORPORATE SEAL) DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040041 Address: 341 Bauer. 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 341 Bauer 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- 040041 - 341 Bauer Location and ownership: This structure is located on Bauer between Spring St. and Pine St. and is owned by Muskegon Monument & Stone. Staff Correspondence: A dangerous building inspection was conducted 04/30/04. No one was present to represent this case at the HBA 07/01/04 meeting. Henry Faltinowski stated he spoke with John Allen at about 4:30 and he said he would be at this meeting. A building permit to demolish was issued 07/16/04. The site has not been cleared of demolition debris. Owner Contact: There has been no owner contact. Financial Impact: General Funds Budget action required: None State Equalized value: $1 ,696 Estimated cost to repair: Building not salvageable 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, January 25, 2005. C:\Documents and Settings\Potter\Local Settings'U'emporary Internet FilesiOLKIA\AGENDA- 341 Bauer (2).doc page 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 341 Bauer 4130104 Inspection noted: 1. Building is partially demolished. 2. Trash, demolition debris on property. 3. Building is partially boarded, but is open and exposed to the elements. 4. Building appears to be gutted out. 5. Building is currently not secured. 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, BUILDING OFFICIAL DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\341 Bauer (2).doc 0c1/ ~tk_\ :?DidO~ DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040059 Address: 61 Ottawa. 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 61 Ottawa 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- 040059- 61 Ottawa Location and ownership: This structure is located on Ottawa between Bayou and Marquette and is owned by Abonmarche Developers, P.O. Box 1088, Benton Harbor, Ml 49023. Staff Correspondence: A dangerous building inspection was conducted 5/25/04. It is a commercial building that has been vacant for some time. Owner Contact: A fax was received the day of the HBA meeting asking for 6 months to allow them time to sell the structure. There has been no owner contact since that time. Financial Impact: General Funds Budget action required: None State Equalized value: $99,900 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, January 25, 2005. C:\Documents and Settings\Potter\Local SettingsU'cmporary Internet Files\OLKJA\AGENDA- 61 Ottawa (2).doc page 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 61 OTTAWA 5125104 Inspection noted: 1. Building boarded more than 180 days. 2. Building covered with graffiti. 3. Side entrance roof is rotted. 4. Conduit on west side of building is pulling away. 5. Cap dislodged -water leaking into masonry wall. 6. Brick walls are cracked in numerous locations. 7. Rear wall covering is exposed to weather and rotted. 8. Rear soffet is missing. 9. Roof needs to be replaced. 10. Rear block wall cracked (requires engineering evaluation). 11. Exterior light is improperly wired. 12. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 13. 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\Potter\Local Settings\Temporary Internet Files\OLKIA\61 Ottawa (2).doc AGREEMENT THIS AGREEMENT, made this May 3, 2005 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 61 Ottawa 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 $6530.00. 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: ATTEST: ._,JJ, !krl& '(~ (SEAL) CERTIFICATION (IF APPLICABLE) I, 0.. \cu'\ ~ c~ ( , certify that 1am the ___:_m__:_:_~=-:~\-'---- of the Corporation named as contractor herein; --(-" That \£. ('11 Q\UI --X\,c)k'-'i , who signed this Agreement on behalf of the - " Contractor, was then __.'f'.)_,\iu::e:...-_ _ _ _ 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. (CORPORATE SEAL) DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-40067 Address: 1309 Sixth St. 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 1309 Sixth St. 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 - 040067 - 1309 Sixth St.. Location and ownership: This structure is located on Sixth Street between Monroe St and Merrill St. and is owned by Yvette Ikens. Staff Correspondence: This house was inspected by the trade inspectors 3/23/04 after the housing inspector realized it had never been removed from the dangerous building list since December 2002. At the time of the inspection, the house was owned by Brian VanFarowe who owns other rental properties in Muskegon. There has been no contact from him or his property manager, Alex Fortenberry, since the inspection and in July the house was open. Upon contacting Mr. Fortenberry about the missing door, it was discovered that Yvette Ikens had purchased the property on a Land Contract. The city had the structure boarded 7/9/04. Owner Contact: There has been no owner contact. Financial Impact: CDBG Budget action required: None State Equalized value: $14,600 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, January 25, 2005. C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files'OLKIA\AGENDA- 1309 Sixth (2).doc page 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1309 Sixth 3123104 (INTERIOR INSPECTION) Inspection noted: 1. Provide GFI protection where required per 2003 MRC. 2. Wire electric dryer to code. 3. Remove extension cord to garage. 4. Rewire garage to 2003 MRC or remove old wiring. 5. Close open holes @ electrical panel. 6. Replace missing LB cover & weather head cover on electric service. 7. Provide two 20 amp kitchen counter circuits to match cabinet layout. 8. Replace waste & vent. 9. Replace plastic water line. 10. Replace tub/shower valve. 11. Clean duct and certify furnace. 12. Lag all jack posts - provide piers for support. 13. All interior and exterior handrails and guardrails must be repaired/replaced to meet 2003 MRC. 14. Scrape and paint all exterior windows, sills, and siding. 15. Repair/replace all damaged walls, floors, and ceilings. 16. Garage, threshold and trim need repair. 17. Replace all broken glass. 18. Tuck point blocks. 19. Clean roof of debris. All work requires a building permit. This permit 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:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1309 Sixth (2).doc Jan 24 2005 2:34PM BRIAN VANFARUWt I'. ' I BRIAN VANFAROWE 517 l.IVINGSTON Ave .. Ne GRANO RAPIDS, Ml 49503 PHONE: (616) 459-7400 F-AX: (616) 459-6478 Fax to number: ( ) Attention: Date: 6/ I Z 41 2.oo5 · From: Brian Van Farowe Number of pages: (Including Cover) 3 Additional Comments: See below· FOlC Form.OH/4102 I. . Jan 24 2005 2:34PM BRIAN VANFAROWE (616J 459-6478 P·"' City of Muskegon DMslon of Public SafetY uthony L. Klelbecbr Director of Public Safety January 18, 2005 Yvette Ikens c/o Advanced Realty 517 Livingston Ave. NE Grand Rapid, Ml49503 Mrs. !kens, The Muskegon City Commission will hold a hearing on January 25, 2 S to determine ~ status pf )'QIIf proJXlrty which is located at ]309 Sixth Street, Musk gon, MI. The COmssion'wiU reVieW the decision of the Muskegon Housing Code ard of Appeals woo- has deterffiined yollf building to be sub-standard, a public nuisance d a dangerous building. Should the Conumssion coJKl\U' with the Housing Code Board f Appeals then we would move to demolish yollf property. We hope that you are making every effurt to rehabilitate your property the housing code. The staff in our Inspections Office is ready to assist that we can. If you are sincere about rehabilitating your property, may I · --··cohtllcrliii befOre yolir scheduled heating befure ·the CoibniJSSion. · Staff· at (231) 724-6715. We look furward to working with you. Sincerely, ~'--./~ ,,., .. Anthony L. IO,eibecker · Diiector - . o{Public . . S.fety . ... · -'; . . ··,· .· . . _·.,· 980 Jefferson Street www.musJregonoolice.CO!!! Phone: (23 ) 124-6955 Muskegon, Michigan Fax: (231} 25-2043 49443-0536 Jan 24 2005 2:34PM BRIAN VANFAROWE (6161 459-6476 P·"' Advanced Realty Systems Brian VanFarowe 517 Livingston Avenue, NE Grand Rapids, MI 49503 January 24, 2005 City of Muskegon Division of Public Safety Attn: Anthony K.leibecker 980 Jefferson Street ~uskegon,MI 49443-0536 Dear Anthony: I am writing in response to the notices I received concerning t property at 1309 Sixth Street and the hearing that will be held on Tuesday, January 25, 2005. On May 27, 2004 I sold this property to Yevette lkens on a Ian contract. Yevette has not made her payments, and I am in the process of getting this property back from her through a land contract forfeiture. Unti I can get this property legally back from Yevette, I am unable to do any airs on it. I am asking that before you make any decisions concerning the demolition of this house, that you give me time to legally get the property ack, and then give me some time to make the necessary repairs. I am sorry for the late response to your notices, but I was out o town last week: Please let me know of your decision. You can phone m at 616459- 7400 or fax me at 616459·6478. If you have any questions, pl ase call me and leave a message. DATE: January 14, 2005 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040034 Address: 235 W. Forest 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 W. Forest 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 - 040034 - 235 W. Forest Location and ownership: This structure is located on Forest St. between Fifth St and Sixth St. and is owned by Louis Pimpleton. Staff Correspondence: A dangerous buiding inspection was conducted 03/12/04. No one was present to represent this case at the HBA meeting. It was found open and vandalized by officers in March. Owner Contact: There has been no owner contact. Financial Impact: CDBG Budget action required: None State Equalized value: $18,500 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, January 25, 2005. C:\Documents and Settings\Potter\Local Settings"lfemporary Internet Files\OLKlA\AGENDA- 235 W Forest (2).doc page 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 235 W. Forest 3112104 Inspection noted: 1. South side of basement wall requires repair. 2. Repair exterior entry to code. 3. Remove carpet on landing -trip hazard. 4. Scrape, paint home. 5. Repair roofing. 6. Replace broken windows. 7. Garage doors and siding are rotting or missing -replace. 8. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 9. 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 Internet Files\OLKlA\235 W Forest (2).doc vJI :Hoffman, Steensma & P(anwntfon, P.L.C. ----------------~---- Certified Public Accountants and Consultants ROGER E. HOFFMAN. C.PA DOUGLAS A PLAMONDON. CPA ROGER D. STEENSMA. C.PA RANDY J. NOVOTNY. CPA January 24, 2005 Mr. Tim Paul City of Muskegon 933 Terrace Street Muskegon, Michigan 49443 Dear Tim: We recently completed over 20 years in business and during that period we have been fortunate to have you and many others in the governmental and the not-for- profit sector as clients. We have always maintained an expertise in these fields and have delivered superior service and products to you. However, due to the increasing demand for professional staff and growth in other sectors of our practice, we have reluctantly come to the decision to discontinue our governmental practice and substantially reduce our not-for-profit practice. This decision is effective immediately. However, we will provide monthly bookkeeping services to the City of Muskegon as you request. We are concerned, very concerned about how our decision lnight affect you and your records. Therefore, to assist you in making a transition to another firm, we have made arrangements with the Certified Public Accounting firm of: BRICKLEY DELONG, PLC 500 TERRACE PLAZA P.O. BOX999 MUSKEGON, MICHIGAN 49443 Brickley DeLong has agreed to provide services to your organization and should you choose to use their firm, we will assist them with the transition including providing them with applicable records and files. Also Brickley DeLong has agreed to employ Eric Van Dop and Kristi Dill, two of our staff who have significant related auditing experience. Brickley DeLong's accounting practice includes a large governmental and not-for- profit client base that has serviced Western Michigan for the past 30 years. Our firms use many of the same resources and have serviced many similar clients. With the addition of our practice, they will service over SO governmental units and 45 not- for-profit clients. The full service accounting firm has 6 partners, 5 managers and 20 professional staff to serve you. 221 W. Webster Ave., Suite 502 ·Muskegon. Ml49440-1243 · (231} 728-5176 ·Fax (231) 726-3530 ITAGI AISOC!ATEIX Heritage Village • 561 W. Western Avenue • Muskegon, Ml 49440 • (616) 722·1363 January 19, 2005 Honorable Mayor and City Commission members: At the last regularly scheduled meeting of the Muskegon Heritage Association (MHA), it was brought to the Board's attention that the City was requesting bids to tear down the Muskegon Hotel. We understand that the condemnation process has been used successfully to "nudge" a remiss property owner into building rehabilitation, but we are deeply concerned about the City moving forward with demolition bids, especially in light of our understanding that the City has the ability to take back the property for lack of performance on the developer's part. The Muskegon Hotel has been passed around several times in the last decade. Somewhere in the chain of previous owners was the MHA. The most recent transaction involving the building was between the City and the Westwood Development Group. This transaction took place after the City spent a significant amount of public funds to shore up the far;:ade (on hopes the developer would save some shred of history). As we understand it, part ofthe agreement between the City and Westwood involved a reversion clause whereby the City could take back the property for lack of performance. While we have not actually seen the "reversion clause" the Association filed a Freedom oflnformation Request (I / 19/05) to obtain information about this agreement. Leaders ofthe MHA have had conversations with various realtors and parties interested in redeveloping the Muskegon Hotel site. However, it seems that the Westwood Development Group is asking an unrealistic price for the property (although the price includes building plans-- which may not suit the next user). This unnecessarily locks up a prime piece of property in Muskegon's downtown. What we cannot understand is why the City Commission would choose to tear down a far;:ade that it has heretofore attempted to save, when it could merely take the property back and sell it to another developer who will perform. This seems especially illogical when public funds were used to shore up the far;:ade in the first place and more public funds would be used to erase that effort. Either way the City is pitted against the existing property owner; to take the land back due to lack of performance, or collect on a demolition bill for an empty lot. We are hoping the Commission will take charge of this situation in a positive fashion. The MHA has new leadership and commends our community's renewed interest in preservation and redevelopment. We ask that the Commission take action to retrieve the Muskegon Hotel from a developer that is not performing and get it into the hands of one that will. We will work with you in whatever way we can to make that happen! We do not want to see yet another hole blown in the West Western Avenue street scape R d n?lde alfofthe Muskegon Heritage Association, . .(1)~Liuw~<- __ lburn, President ~ MU-I KJG&X KIBITAGI AIIDC!,A!III: T Heritage Village • 561 W. Western Avenue • Muskegon, Ml 49440 • (616) 722·1363 .. £ January 19, 2005 To: Ms. FR: Jon Gail(~)~,:.: Colb~~ esident, Muskegon Heritage Association RE: Request to sp kat the January 25 111 City Commission meeting Please allow a representative of the Muskegon Heritage Association to speak at the next regularly scheduled City Commission meeting on January 25, 2005. Please also see to it that a copy of the attached letter is provided to all City Commission members. I appreciate your assistance. If you have any questions I can be reached at 231-924-5553 (home); 231-519-2390 (cell). Thank you. GREAT LAKES SHUlTLE GREAT LAKES SHUTTLE PHONE 231· 755·5434 1087 W. LAKETON AVENUE MUSKEGON, Ml 49441 " Serving West Michigan .... ... One Shuttle At A Tin1e" Owners: Stephanie L. Tilford, 6 Years Experience (Pm1 City Cab) Wil li am M. VanSlooten, Businessman David 1. Moore, Con11nercial Realtor Drivers: Drug tested, background checked, uniformed (t-shirts/hats ), clean and neat. Vehicles: Detailed every shift, scheduled preventative maintenan ce, pre-trip checklist. Service: F riendly and dependable drivers serving the Muskegon and the surrounding areas. Dffic~: (231) 744-6269 Fox: (231) 744-6270 307112 Centn Str~et n.muskegon, ffil. 49445 GREAT LAKES SHUTTLE PHONE 231-755-5434 1087 W . LAKETON AVENUE MUSKEGON. Ml 49441 POPULATION OF GREAT LAKES SHUTTLE SERVICING AREAS (CENSUS 2000) • MUSKEGON .. ... ............................ 40, 105 • MUSKEGON HEIGHTS ............ 12,049 • NORTON SHORES .................. 23,084 • ROOSEVELT PARK .... .... ....... ... 3,890 • WHITEHALL .. ....... . ................. 2,884 • MONTAGUE .... .. . .. .... ......... 2,407 0 ••• •• e FRUITPORT . . . ................. ........ 1, 124 • GRAND HAVEN . .. .... . .... .. ....... 11,168 • SPRING LAIZE .. . .. .. .... ..... ... ...... 3,040 • NORTH MUSKEGON .... 0 . .... 4,031 ....... • FERRYSBURG .... ..... ... ........ ... .. 3,042 TOTAL 106,824 ~- 1 I ~ £ I Ill . •, ~.···.r~--~~--~~~=-=F~~~r=~-~---~)F·~ I l l '· '' ..'· :· I . !. 8 ~ Ill = 1/1 z w •' ~ '•,. Q. c- (· 211 ., wtf l· '~..... ~~ 7"'"'"--:'-.' I. ,.. •t•., .. t: I .... ' 'f ,., .J. .. : =~ ·l QD ·l c::J w ..' '! ,, " c F #"! ~-·r, 'T' II" I~ ::1 i' L; ~~ !· l v J 1 -- H'' ·..
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