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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11,2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Air Compressors request for purchase. PUBLIC WORKS
C. Housing Commission Appointment. CITY MANAGER
D. Appointments to Various Boards/Committees. COMMUNITY RELATIONS
COMMITTEE
o PUBLIC HEARINGS:
A. Designation of the Port City Industrial Park as a Neighborhood
Enterprise Zone. PLANNING & ECONOMIC DEVELOPMENT
B. Create a Special Assessment District for Sidewalk Replacement
Program 2005. ENGINEERING
C. Create a Special Assessment District for Dale Avenue, Ruddiman Street
to McGraft Street. ENGINEERING
D. Create a Special Assessment District for Evart Street. Allen Avenue to
Amity Avenue. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. FIRST READING- Rezoning request for property at 2111. 2123 and 2137
McCracken and also 2117 and 2125 Lakeshore Drive. PLANNING &
ECONOMIC DEVELOPMENT
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.
l> Submit the form to the City Clerk.
> Be recognized by the Chair.
l> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.}
o CLOSED SESSION: To discuss pending litigation.
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO A TrEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAlLA
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: Jarn.1ary 11, 2005
To: Honorable Mayor and City Commissioners
from: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: Approve the minutes of the December 13,
2004 Worksession and the December 14, 2004 City Commission
meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11,2005
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 11,
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
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
Absent: None
2005-01 INTRODUCTIONS/PRESENTATION: Janie Scott and two Mayhem players
were introduced to the Commission. County Commissioner Don Aley, Ward I
and II, was also introduced.
2005-02 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: Approve the minutes of the December 13, 2004
Worksession and the December 14, 2004 City Commission meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
B. Air Compressors request for purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two budgeted air compressors.
FINANCIAL IMPACT: Total Cost $21,170.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of new air compressors from
Hasper Equipment.
C. Housing Commission Appointment. CITY MANAGER
SUMMARY OF REQUEST: To re-appoint Jerry Lottie to the Muskegon Housing
Commission for a term to expire 1/31 /10.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the appointment.
D. Appointments to Various Boards/Committees. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: Concur with the Community Relations Committee to
approve the following:
Board of Review - Reappointment of Donald Haas, Georgia Strube and Ralph
Burr with terms expiring 01-01-07. Positions up next year will have a term of one
year and their terms will expire 01-01-07.
Citizen's Police Review Board - Reappointment of William Muhammad, Adelia
Winchel, David Burlingame, Dolly Hippchen and Ann Craig. Appointment of
Janie Santos to fill the position of a member of a minority based organization.
Terms expire January 31, 2007.
Civil Service Commission - To appoint Roger Brink with a term expiring on
January 31, 2011.
CDBG Citizen's District Council - Accept the resignation of Susan Kroes and
appoint David Newsome to fill the position with a term expiring January 31, 2006.
Construction Code Board of Appeals -To reappoint Matt Tighe, Vicki Webster
and Kevin Donovan with terms expiring January 31, 2007.
Downtown Development Authority/Brownfield Redevelopment Authority
Board/Tax Increment Finance Authority- Reappointment of Eugene Fethke with
term expiring January 31, 2009. Appointment of Bill Seeback as a member who
has an interest in property within the district with his term expiring January 31,
2007. Appointment of Mike Johnson Sr. as a member who has an interest in
property within the district with his term expiring January 31, 2009.
Election Commission - Reappointment of Charles Nelson with a term expiring
January 31, 2008.
Equal Opportunity Committee - Appointment of Orlando Riley with a term
expiring January 31 , 2008.
Historic District Commission- Appointment of Susan Kroes to the vacant position
of persons who reside or have occupational or financial interest in one or more
of the historic districts with a term expiring January 31, 2008.
Housing Code Board of Appeals - Reappointment of Nick Kroes and Jonathan
Rolewicz with terms expiring January 31, 2008.
Income Tax Board of Review- Reappointment of Mary Anne Riters with a term
expiring January 31, 2008.
Land Reutilization Committee - Reappointment of Robert Hill and Mike Amhrein
with terms expiring January 31, 2009.
Leisure Services Board - Appointment of Connie Navarro with a term expiring
January 31, 2007.
Local Development Finance Authority - Reappointment of Phillip Okerlund with
the term expiring January 31, 2009.
Local Officer's Compensation Commission -Appointment of Nick Archer with
term expiring January 31, 2012; Ruth Anderson with term expiring January 31,
2006; Tonya Thompson with term expiring January 31, 2007 and Kathleen Pitsch
with term expiring January 31, 2011.
Planning Commission -Reappointment of Blanche Smith and John Aslakson with
terms expiring January 31, 2008. Appointment of Byron Turnquist with term
expiring January 31, 2008.
Police & Firemen's Retirement Board - Reappointment of Art Rudd with term
expiring January 31, 201 0.
Public Relations Committee - Reappointment of Andrea Riegler and Joan
Gawron with terms expiring January 31, 2009.
Zoning Board of Appeals- Reappointment of Ernest Fordham with term expiring
January 31, 2008. Appointment of Steve Brock and J D Wallace with terms
expiring January 31, 2008.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-03 PUBLIC HEARINGS:
A. Designation of the Port City Industrial Park as a Neighborhood
Enterprise Zone. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing to inform and receive
comments from the public on designating the Port City Industrial Park as a
Neighborhood Enterprise Zone.
FINANCIAL IMPACT: There is no direct financial impact from the designation of a
Neighborhood Enterprise Zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing to inform and receive
comments from the public about the said designation.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:46 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
B. Create a Special Assessment District for Sidewalk Replacement
Program 2005. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment district of the project and to create a special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project. The district will not include those who complete the
work under a permit before June 1, 2005.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the project for special assessment.
create a special assessment district for the project and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments
from the public. Comments were heard in opposition from: Charles Atwood,
representative of 1145 W. Laketon, Greater Area Catholic Schools; Thomas
Begley, 1580 Randolph; Edward Pamici. 857 W. Hackley; Charlotte Tombari. 1469
Winchester; and Don Gilbert, 2496 Wickham.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public; Hearing at 6:12 p.m. and create the special assessment district for
sidewalk replacement program 2005.
ROLL VOTE: Ayes: Warmington, Carter, Davis Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Create a Special Assessment District for Dale Avenue, Ruddiman Street
to McGraft Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Dale Ave., McGraft to Ruddiman Paving Project and to
create a special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project.
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 6:15 p.m. to hear and consider any comments
from the public. Mark Sanders, 1273 W. Dale, spoke in opposition of the project.
Motion by Commissioner Gawron, second by Commissioner Shepherd to close
the Public Hearing at 6:18 p,m, and create the special assessment district for
Dale Avenue, McGraft to Ruddiman.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Create a Special Assessment District for Evart Street. Allen Avenue to
Amity Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Evart St. between Allen & Amity Paving Project and to create
a 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 6:19 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:21 p.m. and create the special assessment district for Evart
Street, Allen to Amity.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-04 NEW BUSINESS:
A. FIRST READING - Rezoning request for property at 2111. 2123 and 2137
McCracken and also 2117 and 2125 Lakeshore Drive. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2111, 2123 and
2137 McCracken Street and also 2117 and 2125 Lakeshore Drive from R-1 Single
Family Residential to RM-1 Low Density Multiple-family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 12/1 6/04 meeting. Commissioners Spataro, Aslakson, Johnson,
Sartorius, Mazade, & Warmington voted for denial. Commissioners Michalski
voted against denial. T. Harryman and B. Smith were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with
staff recommendation to deny the request to rezone the property.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Resolution to Support the Muskegon County Grant Application for the
Downtown Muskegon Development Corporation. CITY MANAGER
SUMMARY OF REQUEST: To adopt a resolution to support Muskegon County's
CDBG application to the State of Michigan to fund the public infrastructure for
the DMDC site. This funding is critical for the project to begin construction this
summer.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt
the resolution.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-05 ANY OTHER BUSINESS:
Commissioner Shepherd requested to have a resolution prepared and a gift
purchased for George Goodman who is retiring from the Michigan Municipal
League. Fellow commissioners agreed and Vice Mayor Larson announced that
he would make arrangements for the gift.
2005-06 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Spataro, second by Commissioner Carter to go into
Closed Session at 6:27p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to go
back into Open Session at 6:45p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:46 p.m.
Respectfully submitted,
tLL(JL~
Gail A. Kundinger, MMC
City Clerk
Date: 01/11/05
To: Honorable Mayor and City Commission
from: Brett Kraley, DPW
RE: Air Compressors
SUMMARY OF REQUEST: Approval to purchase two budgeted air
compressors.
FINANCIAL IMPACT: Total Cost $21,170.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of new air compressors from
Hasper Equipment.
---··
2 Air Compressors
---- - · · - - -..
- ---- ..-
I-- - -- -
Model Cost
r..-·· .. - -- ·--
Hasper Equipment
t-=-c-::- - - - -----
3662 Airline Road P185 $21~ 170.00-
. - ---
Muskegon, Mi 49444
f--·· · · - - -. --
United Rentals
1-=-c--::--- . -
2122 Turner Ave. NW 185 H $21,898.00
- --
Grand Rapids, Mi 49544
-- - --
--
Colwell Equipment
1--- -- --
4812 Patterson -XAS97- $21,560.00-
- - --
Grand Rapids, Mi 49512
--- -
·-- ·-
-
- ·- -- -· -
I-- - -·
AGENDA ITEM N O . - - - - -
CITY COMMISSION MEETING January 11,2004
TO: Honorable Mayor and City Commissioners
FROM: Bryon Mazade, City Manager
DATE: January 4, 2005
RE: Housing Commission Appointment
SUMMARY OF REQUEST:
To re-appoint Jerry Lottie to the Muskegon Housing Commission for a term to expire 1/31/10.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To concur with the appointment.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPT\ADMIN\AGNDAFRM
PMB - 0: (MGRICOMMON!WORD/JOAN'S WORD/FORMS/AGENDA)
Date: /-~- ()5
CITY OF MUSKEGON
TALENT BANK APPLICATION
Please Type or Print. Applications will be kept on file for one year. All applicants subject to a background check.
NAME: Je,('f"~ l..a tf/(!,1
HOMEADDRESS:J7/IJ ~fter.50r)
(Street, City, State, Zip)
HOME PHONE#: ?.3/- 722.-t'J'ft./f
OCCUPATION '12efrev (If retired, give former occupa 'on)
EMPLOYER: LZo/ a£/!ks/(e.:;on ../
tJra e- ~ (;~ w-. n cL
PERSONAL & COMMUNITY ACTIVITIES: fl:rf{ 1tn fet;. :h!tdarrj,
~Eli::i~EJFE=:¢~~
PERSONAL REFERENCES: (Please Jist the name and phone numbers of three personal references)
: ]::::,ff!al?::ne~
~ 7/i/':he) /)). /. '
2.'.31-
(Phone Num~!g;
7#2- ..,_
(Phone Numbe'J$
3..~~ N. ~I Jams 231-7.:%- 57
(Name) (Phone Number)
PLEASE INDICATE BOARDS/COMMISSIONS/COMMJTIEES INTERESTED IN SERVING ON - MARKING #1 AS
YOUR FIRST PREFERENCE:
( ) Board of Canvassers ( ) Housing Code Board of Appeals
( ) Board of Review 1)0 Housing Commission
( ) Cemetery Committee ( ) Income Tax Board of Review
( ) Citizen's Police Review Board ( ) Land Reutilization Committee
( ) City Employees Pension Board ( ) Leisure Services Board
( ) Civil Service Commission ( ) Loan Fund Advisory Committee
( ) CDBG-Citizen's District Cour.ci! ( ) Local Develop. Finance Authority
( ) Construction Board of Appeals ( ) Local Office~s Compensation Com.
( ) District Library Board ( ) Planning Commission
( ) Downtown Development Authority/Brownfield Board ( ) Police/Fireman's Pension Board
( ) Election Commission ( ) Public Relations Committee
( ) Equal Opportunity Committee ( ) Zoning Board of Appeals
( ) Historic District Commission
( ) Hospital Finance Authority
Are you willing to serve on .other boards/committees not checked off above? @§> NO (Circle one)
• Attach Additional Sheets or Resume if Desired.
Return this form to: City Clerk's Office, 933 Terrace St., P. 0. Box 536, Muskegon. Ml 49443-0536
- v -
Date: January 11, 2005
To: Honorable Mayor and City Commissioners
From: Community Relations Committee
RE: Recommendations for the Various Boards and
Committees
SUMMARY OF REQUEST: Concur with the Community Relations Committee
to approve the following:
Board of Review - Reappointment of Donald Haas, Georgia Strube and Ralph Burr with
terms expiring 01-01-07. Positions up next year will have a term of one year and their terms
will expire 01-01-07.
Citizen's Police Review Board - Reappointment of William Muhammad, Adelia Winchel,
David Burlingame, Dolly Hippchen and Ann Craig. Appointment of Janie Santos to fill the
position of a member of a minority based organization, Terms expire January 31, 2007.
Civil Service Commission- To appoint Roger Brink with a term expiring on January 31,
2011.
CDBG Citizen's District Council -Accept the resignation of Susan Kroes and appoint David
Newsome to fill the position with a term expiring January 31, 2006.
Construction Code Board of Appeals- To reappoint Matt Tighe, Vicki Webster and Kevin
Donovan with terms expiring January 31, 2007.
Downtown Development Authority/Brownfield Redevelopment Authority Boardffax
Increment Finance Authority - Reappointment Eugene Fethke with term expiring January
31, 2009. Appointment of Bill Seeback as a member who has an interest in property within
the district with his term expiring January 31, 2007. Appointment of Mike Johnson Sr. as a
member who has an interest in property within the district with his term expiring January 31,
2009.
Election Commission- Reappointment of Charles Nelson with a term expiring January 31,
2008.
Equal Opportunity Committee - Appointment of Orlando Riley with a term expiring January
31,2008.
Historic District Commission - Appointment of Susan Kroes to the vacant position of
persons who reside or have occupational or financial interest in one or more of the historic
districts with a term expiring January 31, 2008.
Housing Code Board of Appeals - Reappointment of Nick Kroes and Jonathan Rolewicz
with terms expiring January 31, 2008.
Income Tax Board of Review- Reappointment of Mary Anne Riters with a term expiring
January 31, 2008.
Land Reutilization Committee - Reappointment of Robert Hill and Mike Amhrein with terms
expiring January 31, 2009.
Leisure Services Board -Appointment of Connie Navarro with a term expiring January 31,
2007.
Local Development Finance Authority - Reappointment of Phillip Okerlund with the term
expiring January 31 2009.
Local Officer's Compensation Commission -Appointment of Nick Archer with term expiring
January 31, 2012; Ruth Anderson with term expiring January 31 , 2006; Tanya Thompson
with term expiring January 31 , 2007 and Kathleen Pitsch with term expiring January 31,
2011.
Planning Commission - Reappointment of Blanche Smith and John Aslakson with terms
expiring January 31, 2008. Appointment of Byron Turnquist with term expiring January 31,
2008.
Police & Fireman's Retirement Board - Reappointment of Art Rudd with term expiring
January 31, 2010.
Public Relations Committee - Reappointment of Andrea Riegler and Joan Gawron with
terms expiring January 31, 2009.
Zoning Board of Appeals - Reappointment of Ernest Fordham with term expiring January
31, 2008. Appointment of Steve Brock and J D Wallace with terms expiring January 31,
2008.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Recommends Approval
Commission Meeting Date: January 11, 2005
Date: December 6, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cfiC-
RE: Public Hearing for the designation of the Port City
Industrial Park as a Neighborhood Enterprise
Zone
SUMMARY OF REQUEST: To hold a public hearing to inform and
receive comments from the public on designating the Port City Industrial
Park as a Neighborhood Enterprise Zone.
FINANCIAL IMPACT: There is no direct financial impact from the
designation of a Neighborhood Enterprise Zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing to inform and
receive comments from the public about the said designation.
COMMITTEE RECOMMENDATION: None
Port City Industrial Park
N
[2] Port City Industrial Park
I H/ I Medendorp Industrial Park
A
*Legal Description: All that Area within, the City of Muskegon East of the U.S. - 31 Highway right-of-way and South of E. Laketon Ave, Muskegon, Ml
City of Muskegon Statement of Goals, Objectives and Policies for Neighborhood
Enterprise Zones
I. To actively support neighborhood or community-based self-help organizations which
are engaged in local housing construction, conservation, or rehabilitation efforts by
utilizing new and existing programs for providing additional financial resources and
for seeking financial assistance;
2. To stabilize and revitilize neighborhood housing conditions by encouraging the
creation of new housing units for moderate income persons and by supporting efforts
that will enable people with lower incomes to remain in stable, viable, but
nonexclusionary City communities;
3. To take appropriate actions to influence and facilitate increased private sector
involvement in public programs that will propel and sustain City neighborhood-
housing stabilization initiatives by: encouraging private residential development;
devising programs which facilitate and encourage higher levels of housing
construction, maintenance, repair, and rehabilitation; by considering cooperative
working programs between the financial institutions, the City, property owners and
the tenants to induce rental property improvements;
4. To take appropriate actions to stimulate increased demand for Muskegon housing by
all household types by encouraging private market participation to provide housing
choices, by considering new programs that will provide additional financial resources
to reduce the cost of housing and make more favorable mortgage financing available;
5. To promote efforts to stabilize and increase the level of home ownership and owner-
occupied housing in the City; and
6. To take appropriate actions to facilitate the providing of an adequate supply and mix
of Muskegon housing for all household types.
7. To require adherence to and compliance with the following requirements:
A. All improvements must be consistent with the Zoning Ordinance provisions and
Historic District standards (if applicable).
B. New Buildings and additions must be compatible in design with other dwellings
within 400 feet.
C. Non-conforming multiple housing dwelling structures will be eligible for NEZ,
provided that the building is made more conforming by reducing the number of
dwelling units within a structure.
D. For continued eligibility, dwelling units and dwelling structures shall comply with
zoning, buildings, housing and property maintenance codes.
E. Illegal activity as defined in the Padlock Ordinance will result in ineligibility for
participation or continuation in the NEZ program.
F. Participation and continuation in the NEZ program is conditional upon timely
payment of all charges and obligations to the City.
NEZ Finding
A proposed Neighborhood Enterprise Zone in the (Port City Industrial Park) has
been found to be consistent with the Master Plan and with the City's Neighborhood
Preservation and Economic Development Goals. The Master Plan states on page 11-1
that" ... parcels along Laketon Avenue and Sherman Boulevard may be used for non-
industiral purposes which are ancillary to the area's industrial focus." A residential
neighborhood within the industrial park would benefit the industry because individual
members of the potential work force would be living in close proximity to the workplace.
The creation of a new neighborhood in this area would likely mean that a majority
of its residents would not only be living near each other but also working together. This
could possibly lead to the bonding of strong neighborhood ties.
One of the City's goals for 2004/2005 is to promote economic stability, diverse
economic growth, and redevelopment. It is believed that the establishment of an NEZ in
this area will be a catalyst in the creation of new jobs for the area. The creation of new
jobs means more money will be spent in the area thus strengthening the local economy.
The people that will be working in these new jobs will be purchasing goods and services
from local merchants, again strengthening the local economy.
Affirmative Action
12311724-6703
FAX: (231)722~Iii4
&!fN~14~fj\fJIIization
FAX: (231)726-5181
Citv Manag!!r
(23))724-6724
FAX: (l31)7ll~1214
Gvll smk• December 8, 2004
(231)724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
t231m4-67os
l<AX: (231)724-4178
RETURN RECEIPT REQUESTED
Chairman, Board of Education
Muskegon Area Intermediate School District
630 Harvey Street
Computer Info. Muskegon,MI49442
(l~n;~w-~,44
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~i\~~~~jbfept.
FAx, <231 1727- 6904 Dear Chairman:
n~r~~~~9l~
FAX: (231)724-6768 PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 81\ 2005 at 7:00p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
Income Tax
(231\724-6770
FAX: (231)724-6768
1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11th, 2005 at 7:00p.m., at which
time it will receive comments from the above and any member of the public concerning
Leisure Services
(231\724-6704
FAX: (231}724-1196 the designation of the said proposed neighborhood enterprise zone.
If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of Muskegon at (231) 724-6702.
PlannimdZoning
t2311724'6702
FAX' (231)724-6790
Yours truly'
h~~~:~z~41~ Dept.
FAX' (231)722·4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
~:flffz~2~~\ Dept.
FAX: (131)714-6768
Water Filtration
(2311724-4106
FAX: (ZJI)755-S290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
www.shorelinecity.com
Affirmative Action
1231\724-6703
FAX: (131)722-1214
Citv Manager
1231)724-6724
FAX: (231)722-1214 West Michigan's Shol'llline City
Civil Service December 8, 2004
1231\724--6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
1231\724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Chairman, Board of Education
Muskegon Public Schools
Hackley Administration Building
Computer Info. 349 W. Webster Avenue
r:z~n~~r.r-~,44
FAX: (231)722-4301 ~uskegon,~I49440
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
Dear Chairman:
~~fl'1'2~~'¥l~
FAX: (131)724-6768
PLEASE TAKE NOTICE that the City Commission of the City of~uskegon will
consider adopting a resolution on Tuesday, February s'h, 2005 at 7:00p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of~uskegon, 993 Terrace Street, ~uskegon, ~I. The
Income Tax
1231\724--6770
FAX: (231)724-6768
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
1992, ~CL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of~uskegon on January II <h, 2005 at 7:00p.m., at which
Leisure Services
1231\724-6704
FAX: (231)724-1196
time it will receive comments from the above and any member of the public concerning
the designation of the said proposed neighborhood enterprise zone.
f'J~Jf~~~~~e
FAX: (231)721-1214 If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of~uskegon at (231) 724-6702.
h~~~~:z'Z~I~ Dept.
FAX: (231)721-4188
Treasurer's Office
1231)724--6720
FAX: (231)724-6768
Water Filtration
1231\724--4106
FAX: (131)755-5190
City of Muskegon, 933 Terrace Street, P ..O. ~ox 536, Muskegon, MI 49443-0536
www.shorelmecJty.com
Affirmative Action
C23ll724-6703 .
FAX: (231)722·1214
City Manager
{231)724-6724
FAX: (231)722-1214
Civil Service
1231)724-6716
December 8, 2004
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
1231)724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Community and City of Muskegon
Cl~f;,h!Vi"4ces Assessor's Office
FAX' (231)726-1501
993 Terrace Street
Muskegon,MI49440
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~1\~~~~tbfept.
FAx, <131 l 727- 6904 Dear Assessor:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 81h, 2005 at 7:00p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
Income Tax
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
{Z31)714-6770
FAX: {231)724-6768 1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11th, 2005 at 7:00p.m., at which
Leisure Services
time it will receive comments from the above and any member of the public concerning
1231)724-6704
FAX: (231)724-1196 the designation of the said proposed neighborhood enterprise zone.
If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of Muskegon at (231) 724-6702.
Plannini!IZoning
1131l71<~'67o1
FAX' (131)714-6790
Yours truly '
1
ri)' ;~2'r.4i\ff. Dept.
FAX: (231)7ll-4188
Treasurer's Office
1231)724-6720
FAX: (231)724-6768
n'f/fflt2~"t\ Dept
FAX: (231)724-6768
Water Filtration
1131)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
123J1124-6703 <
FA : (231)722~1214
(\~sl/esjfr~f4h~alization
FA : (231)726-5181
fi~'J/"~Il~6~~Jartment
FA : (231)726-5617
City Manager
1231\724-6724
FAX: (231)722-1214 West Michigan's Shoreline Clty
Civil Service December 8, 2004
123Jl724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
123J1724-6705
FA : (231)724-4178
RETURN RECEIPT REQUESTED
Community and Chairman, Board of Trustees
Cl~Jieifr:.!iW'~ces Muskegon Community College
FA '(231)726-2501
221 S. Quarterline Road
Computer Info. Muskegon,MI49442
tz~H~~'¥-~744
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~~i~~~~-/bfept.
FA '(231)727-6904 Dear Chairman:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 81h, 2005 at 7:00p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
Income Tax
1231)724-6770
FAX: (231)724-6768
1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11 '\ 2005 at 7:00p.m., at which
time it will receive comments from the above and any member of the public concerning
Leisure Services
123J1724-6704
FA : (231)714-1196
the designation of the said proposed neighborhood enterprise zone.
If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of Muskegon at (231) 724-6702.
PlunniniUZoning
1231)724'6701
FAX: (231)724-6790 Yours truly, ' J
By tJo;L Q LAue~
Gail A. Kundinger, City Cl rk
fi'J~Ilifl~~-to Dept.
FAX: (131)722-4188
Treasurer's Office
12311724-6720
FAX: (231)724-6768
Water Filtration
123J1724-4106
FA : (231)755-5290
City of Muskegon, 933 Terrace Street, P ..O. ~ox 536, Muskegon, MI 49443-0536
www.shorelmec1ty.com
Affirmative Action
(231 )724-6703
FAX: (231)72l~Jil4
~~W~Yr~~rusalization
FAX: (131)726-5181
City Manager
1231)724-6724
FAX: (231)722-1214 West, Michigan's Shoreline City
Civil Service
1231\724-6716
December 8, 2004
FAX: (131)724-4405
VIA CERTIFIED MAIL
Clerk
1231)724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Commonity and Chairman, Board of Education
12~N1M~71 " 1
FAX: (231)726-2501
Orchard View Schools
231 0 Marquette Avenue
Computer Info. ~uskegon,11I49442
(2~H4~7..~,44
I<'AX: (231}721-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~1\~~~~jb~ept.
FAx, (231)727-6904 Dear Chairman:
PLEASE TAKE NOTICE that the City Commission of the City of~uskegon will
consider adopting a resolution on Tuesday, February 81h, 2005 at 7:00 p,m,, to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of~uskegon, 993 Terrace Street, ~uskegon, 11L The
Income Tax
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
1231)724-6770
FAX: (231)724-6768 1992, ~CL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of~uskegon on January II th, 2005 at 7:00p.m., at which
Leisure Services
time it will receive comments from the above and any member of the public concerning
1231\724-6704
FAX: (231)724-1196 the designation of the said proposed neighborhood enterprise zone.
If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of ~uskegon at (231) 724-6702,
PlannimUZoning
123 1\724'67°2
FAX' (231)724-6790
Yours truly'
Treasurer's Office
1231\724-6720
FAX' (231)724-6768
Wafer Filtration
12311724-4106
...AX: (131)755-5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
(23 !)724-6703
FAX: (231)722~1214
~~-n)~fJ!~iHBalilation
FAX: (231)726-5181
8'31Wf2'6 ~3fartment
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214 West Michigan's Shoreline (.lty
Civil Service December 8, 2004
(23!)724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
(231\724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Chairman, Board of Commissioners
Muskegon County Commission
990 Terrace Street
Computer Info. Muskegon,MI49442
~z~Hj~'.f-~,44
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
fi~'l\~~~~jbfept.
FAx, (231)727-6904 Dear Chairman:
/13f)'!,l~'¥l~ PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
FAX: (231}724-6768
consider adopting a resolution on Tuesday, February S'h, 2005 at 7:00p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
Income Tax
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
(2311724-6770
FAX: (231)724-6768
1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11 '\ 2005 at 7:00p.m., at which
time it will receive comments from the above and any member of the public concerning
Leisure Services
(23!)724-6704
FAX: (231)724-1196
the designation of the said proposed neighborhood enterprise zone.
If you have any questions regarding the NEZ, please call the Department of Planning and
Economic Development at the City of Muskegon at (231) 724-6702.
Plannin~Zoning
(231\724'6702
FAX: (231)724-6790 Yours truly, , j
By tb:tO ~~~
Gail A. Kundinger, City rk
fi'l~l)i~2~~~fo Dept.
FAX: (231)722-4188
Treasurer's Office
(231\724-6720
FAX: (231)724-6768
n'Jlffll!~~"t\ Dept.
FAX: (231)714-6768
Water Filtration
(231\724-4106
FAX: (231)755-5190
City of Muskegon, 933 Terrace Street, P..o. ~ox 536, Muskegon, MI 49443-0536
www.shorelmec1ty.com
Amrmatlve Action
1231\724-6703
FAX: (231)721-1214
Citv Mana~er
1231)724-6724
FAX: (231)722-1214
c;,ns..-vko
(231\724-6716
December 13,2004
FAX' (231)724-4405
VIA CERTIFIED MAIL
Clerk
\?,lll'ftlfj~:i'4 • 4178 RETURN RECEIPT REQUESTED
Hackley Public Library
316 W. Webster Avenue
Muskegon,MI49440
Computer Info,
tz~H;~7-~744
FAx, ·h · fi ·
1231 )722• 4301 Re: Proposed Ne1g borhood Enterpnse Zone ("NEZ") or the Port Ctty Industrial Park
r;~~\~~~~-ftl~ept. Dear Library Staff:
FAX: (231)727-6904
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to designate
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
Income Tax
1992, MCL 207.771, as amended.
1231)724-6770
FAX: (231)724-6768
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11 '\ 2005 at 5:30p.m., at which
time it will receive comments from the above and any member of the public concerning
Leisure Servicu
the designation of the said proposed neighborhood enterprise zone.
12311724-6704
FAX: (231)724-1196
Please note the change in dates and times from the previous notice sent. If you have any
questions regarding the NEZ, please call the Department of Planning and Economic
Development at the City of Muskegon at (231) 724-6702.
PlannimdZoning
(231)724'6702
FAX' (231)724-6790 Yours truly, j
By LO.~r
Gail A. Kundinger, City Clerk
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
n'll~fzt2~& Dept.
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)7~5-5290
City of Muskegon, 933 Terrace Street, P,O, Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
l23J1124-6703
FA : (231)722-1214
Ass~sor/Equalization
(23J1124-6708
FA : (231)726-5181
8~ml/~fj!6 ~gfartmcnt
FA : (231)726-5617
City Manager
(231)!724-6724
FA : (231}722-1214
c;,;; s,.-,;,, December 13, 2004
(231)724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
fi~l/'~24-6705 RETURN RECEIPT REQUESTED
FA : (231}724-4178
Community and Chairman, Board of Education
c2~Jieifr4.~~74ces Muskegon Area Intermediate School District
FA '(231)126-2501
630 Harvey Street
C~ms~::: Info. Muskegon,MI49442
mfm4-6744
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~~\~YlW~Sept.
FAx, (231)727-6904 Dear Chairman:
~ik~f,~ip/._.168 PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to designate
F;,.o,.t. the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
l23J1124·6792
FA '(231)724-6985 meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
Income Tax
1?1ll712~!jlf4 _ 6768 1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11 '\ 2005 at 5:30p.m., at which
time it will receive comments from the above and any member ofthe public concerning
Leisure Services
(23J1124-6704
FA : (231)724-1196
the designation of the said proposed neighborhood enterprise zone.
1'1~k'fdl-~lll1' Please note the change in dates and times from the previous notice sent. If you have any
FA '1 231 >722-12l 4 questions regarding the NEZ, please call the Department of Planning and Economic
. . Development at the City of Muskegon at (231) 724-6702.
PJanmni!IZomng
(231\724'6702
FAX: (231)724-6790
Yours truly,
~~bl/li~1~~ftf, Dept.
FA : (231)721-4188
Treasurer's Office
(23JI724-6720
FA : (131)724-6768
n'fl/tefz~~~n/i Dept.
FA : (231)714-6768
Water Filtration
(23J1724-4t06
FA : (231)755-5290
City of Muskegon, 933 Terrace Street, P ..O. J;lox 536, Muskegon, Ml 49443-0536
www.shorehnec1ty.com
Affirmative Action
1231)724-6703
FAX: (231)722-1214
~Yf:f1I1~8aJization
FAX: (231)726-5181
8~TNf2'6~:!1artment
FAX: (231)726-5617
City Manager
1231\724-6724
FAX: (231)722-1214 Wrst Michigan's Shorellnt' Cil.y
Civil Service December 13, 2004
1231)724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
1231)724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Community and Chairman, Board of Education
(2~f{ff4-~7'i"~ces Muskegon Public Schools
FAX: (231)726-2501
Hackley Administration Building
Computer Info. 349 W. Webster Avenue
(l~n;~r.r-~,44 Muskegon,MI49440
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
Dear Chairman:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
nnl~rN!6,9l consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to designate
FAX: (231)724-6985
the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
Income Tax
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
1231)724-6770
FAX: (231)724-6768 resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
Leisure Services
hearing will be held at the City of Muskegon on January 11th, 2005 at 5:30p.m., at which
1231\724-6704
FAX: (231)724-1196 time it will receive comments from the above and any member of the public concerning
the designation of the said proposed neighborhood enterprise zone.
Please note the change in dates and times from the previous notice sent. If you have any
Plannim!IZoning
questions regarding the NEZ, please call the Department of Planning and Economic
1231)724'6702
FAX: (231)724-6790 Development at the City of Muskegon at (231) 724-6702.
rzo1~V7P.t~~~ment Yours truly,
FAX: (231)722-5140
Treasurer's Office
1231)724-6720
FAX: (231)724-6768
Water Filtration
123ll724-4to6
FAX: (231)73~-5290
City of Muskegon, 933 Terrace Street, P.,O. ~ox 536, Muskegon, MI 49443-0536
www.shorehnecity.com
Affirmative Action
(2311724-6703
FAX: (231}722-1214
~~fl~~J~tb"salization
FAX: (231)726-5181
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service December 13,2004
(23[}724-6716
FAX: (231)7l4-4405
VIA CERTIFIED MAIL
Clerk
(231\724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
City of Muskegon
Assessor's Office
993 Terrace Street
Computer Info. Muskegon,MI49440
(l~n~~'.f- 6744
5
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
r:ll1\~i~f1hfept.
FAX: 1231 >727-6904 Dear Assessor:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to designate
nn)~n!6,92 the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
FAX: {231)724-6985
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
Income Tax
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
(23[}724-6770
FAX: (231)724-6768 1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January II •h, 2005 at 5:30p.m., at which
Leisure Services
time it will receive comments from the above and any member of the public concerning
(231)724-6704
FAX: (231)724-1196 the designation of the said proposed neighborhood enterprise zone.
Please note the change in dates and times from the previous notice sent. If you have any
questions regarding the NEZ, please call the Department of Planning and Economic
PlanninldZoning
Development at the City of Muskegon at (231) 724-6702.
(23[}724=-6702
FAX: (231)724-6790
rz'l~~~l~~i\m Dept.
FAX: (231)722-4188
Treasurer's Office
(2311724-6720
FAX: (231)724-6768
~Jlffz~~~~"t& Dept.
FAX: (231)724-6768
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
(2311724-6703
FAX: (231)722~11.14
~)Sil~fJ~~j\I~alization
FAX: (231)726-5181
City Mana~r
(231)724-67>4
FAX: (231)722-1214
c;,n s..,;o,
(2311724-6716
December 13, 2004
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
?llt7lz'ififi4•4178 RETURN RECEIPT REQUESTED
Community and Chairman, Board of Tmstees
(2~f:f~4-~~7'~ces Muskegon Community College
FAX: (231)726-2501
221 S. Quarterline Road
Computer Info. Muskegon,MI49442
rz~HW.f-~744
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
~~,\1~~~1bfept.
FAX: <231 ! 727- 6904 Dear Chairman:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, Febmary 22"d, 2005 at 5:30p.m., to designate
rin)~IN!6,9z the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
FAX: (231)724-6985
meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
Income Tax
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
(2Jil724-6770
FAX: (231)724-6768 1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11th, 2005 at 5:30p.m., at which
Leisure Services
time it will receive comments from the above and any member ofthe public concerning
(2Jil724-6704
FAX: (231)724-1196 the designation of the said proposed neighborhood enterprise zone.
Please note the change in dates and times from the previous notice sent. If you have any
questions regarding the NEZ, please call the Department of Planning and Economic
Development at the City of Muskegon at (231) 724-6702.
!L
PlannimYZoning
(2311724=-6702
FAX: (231)724-6790
Yours tmly,
By LO.~~~
Gail A. Kundinger, City Cler
rz~~~~z'Z~nm Dept.
FAX: (231)722-4188
Treasurer's Office
(231\724-6720
FAX: (231)714-6768
~J/ffll~~W& Dept.
FAX: (231)714-6768
Water Filtration
(2311724-4106
FAX: {231)7~5-5290
City of Muskegon, 933 Terrace Street, P._o. ~ox 536, Muskegon, MI 49443-0536
www.shorehnecity.com
Affirmative Action
12311724-6703
FAX: (231)722~1214
City Manag~r
12311724-6724
FAX: (231)722-1214 West Miehig•m's Shoreline City
Civil Service December 13, 2004
1231\724-6716
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
1231\724-6705
FAX: (231)724-4178
RETURN RECEIPT REQUESTED
Community•nd Chairman, Board of Education
12~;;,~,!',;~74"" Orchard View Schools
FAX' (231)726-2501
2310 Marquette Avenue
Computer Info. Muskegon,MI49442
{l~n;~-.r-~,44
FAX: (231}722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
fi'Ji\~~'l~.Jhfept.
FAx, (231)727-6904 Dear Chairman:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to desiguate
rlnNU!ii79z the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
FAX: (231)724-6985 meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
Income Tax
12311724-6770
FAX: (231)724-6768
1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January II'\ 2005 at 5:30p.m., at which
time it will receive comments from the above and any member of the public concerning
Leisure Services
1231\724-6704
FAX: (231)724-1196
the designation of the said proposed neighborhood enterprise zone.
f'Jlf)!f~t~mfe Please note the change in dates and times from the previous notice sent. If you have any
FAX: (231)722-1214 questions regarding the NEZ, please call the Department of Planning and Economic
Development at the City of Muskegon at (231) 724-6702.
Planninl!IZoning
1231)724'6702
FAX: (231)724-6790
Yours truly, JL
By LO. ~~~
Gail A. Kundinger, City Cler
rz~~\i~:z'f~iro Dept.
FAX: (231)722-4188
Treasurer's Office
12311724-6720
FAX: (231)724-6768
Water Filtration
1231\724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.,O. ~ox 536, Muskegon, MI 49443-0536
www.shorehnec1ty.com
Affirmative Action
(231)724-6703
FAX: (231)722~1214
5~i\~Il?'6~lfartment
FAX: (231)726-5617
Citv Manager
(231)724-6724
FAX: {231)722-1214 Wt'St MlcWgan's Shol'cline L1ty
Civil Service
(231\724-6716
December 13, 2004
FAX: (231)724-4405
VIA CERTIFIED MAIL
Clerk
\?lJ.>?ttJfjf]4_4178 RETURN RECEIPT REQUESTED
Chairman, Board of Commissioners
Muskegon County Commission
990 Terrace Street
Computer Info. Muskegon,MI49442
(l~HWf.i744
FAX: (231)722-4301
Re: Proposed Neighborhood Enterprise Zone ("NEZ") for the Port City Industrial Park
:'i~,\~~';l:~-/bfept.
FAX: (231)727-6904 Dear Chairman:
Finance 09-;_1.
lfll.>?ft;fl7{4_6768 PLEASE TAKE NOTICE that the City Commission of the City of Muskegon will
consider adopting a resolution on Tuesday, February 22"d, 2005 at 5:30p.m., to designate
~li.>~!f!om the Port City Industrial Park (see enclosed map) as a Neighborhood Enterprise Zone. The
A '<231 l 724-6985 meeting will be held at the City of Muskegon, 993 Terrace Street, Muskegon, MI. The
Income Tn
resolution expected to be adopted will be made pursuant to Act 147 of the Public Acts of
l?ll!?ftifjif4_6768 1992, MCL 207.771, as amended.
NOTICE OF PRIOR PUBLIC HEARING. Pursuant to Section 3 of the said Act, a public
hearing will be held at the City of Muskegon on January 11 '\ 2005 at 5:30p.m., at which
Leisure Services
time it will receive comments from the above and any member of the public concerning
(231)724-6704
FAX: (231)724-1196 the designation of the said proposed neighborhood enterprise zone.
Please note the change in dates and times from the previous notice sent. If you have any
questions regarding the NEZ, please call the Department of Planning and Economic
Plannin21Zoning
Development at the City of Muskegon at (231) 724-6702.
123ll7l4'6702
FAX: (231)724-6790
Yours truly, j
By ~0 -·\('-"""J_'--""'~A.l
Gail A. Kundinger, City Cl k
:;'l~'{~z~~rtf1 Dept.
FAX: (131)722-4188
Treasurer's Office
(231\724-6720
FAX: (131)724-6768
irJ/ffz~!~~"J\ Dept,
FAX: (231)724-6768
City of Muskegon, 933 Termce Street, P.,O. ~ox 536, Muskegon, MI 49443-0536
www.shorelmecJty.com
TO: Honorable Mayor and City commissioners
FROM: Engineering
DATE: January 11, 2005
RE: Public Hearing
Create Special Assessment District on:
2005 Sidewalk Program (W-6) & 1114 Wood
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment district of the project and to create a
special assessment district and appoint two City Commissioners to the Board of Assessors if it is
determined to proceed with the project. The district will not include those who complete the work
under a permit before June 1'' 2005.
FINANCIAL IMP ACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the project for special assessment, create a special assessment district for the project
and assign two City Commissioners to the Board of Assessors by adopting the attached resolution.
COMMITTEE RECOMMENDATION:
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projccts\SWOS\2005 sw~program special assessment district to commission J.JJ.
05.doc
CITY OF MUSKEGON
Resolution No. 2005-03(b)
Resolution At First Hearing Creating Special Assessment District
For The 2005 Sidewalk Replacement Program (W-6) & 1114 Wood St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
A hearing has been held on January 11, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 11, 2005, there were .1....__53% objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each prope1ties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
2. The City Commission detennines to proceed with the improvements as set forth in the
engineer's survey, inspection, recommendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of
bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Warmington and Larson and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon
actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Warmington, Carter, Davis, Gawron, Larson,
Shepherd, and Spataro
Nays, None
CITY OF MUSKEGON
Byo4Ggin~~
ACKNOWLEDGMENT
Thi s resolution was adopted at a meeting of the City Commission, held on January 11,2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR 2005
SPECIAL ASSESSMENT DISTRICT
The location of the special assessment district and the properties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2005.
All parcels within area W-6 which is bounded by Ruddiman Creek to the west, Laketon Ave. to the north,
Seaway Dr. to the east, and Sherman Blvd. to the south
&
1114 Wood due to the presence of hazard sidewalk that the owner was notified of.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:
H-1590, Sidewalk Replacement Program 2005
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF ECEMBER 2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
9 M DAY OF Ee b/'tu?£-Y , 20o;(r
~ 4 !?t6&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-o?.J"-t/~
December 27, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Re: Parcel No: 24-XXX-XXX-XXXX-XX @ PROPERTY ADDRESS & STREET
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 project:
Sidewalk Replacement Program for 2005
The proposed special assessment district will be located as follows:
Those properties identified in the area listed below as having sidewalk deficiencies in which the
owners have not completed the required improvements by June 1, 2005.
AREA W6: bounded by Ruddiman Creek to the west, Laketon Ave. to the north, Seaway Dr.
to the east, and Sherman Blvd. to the south
The above improvement will be paid entirely by special assessment. The 2005 cost has been set at
$5.40 per square foot of sidewalk and will include all incidentals (i.e. root cutting, concrete removal,
excavation, etc.). Any work on drive approaches will be assessed at the contract price plus related
engineering fees.
THE HEARING WILL BE HELD IN THE CITY OF MUSKEGON COMMISSION CHAMBERS ON
January 11, 2005 AT 5:30P.M. You are entitled to appear at this hearing, either in person, by an
agent, or in writing to express your opinion, approval, or objection concerning the special
assessment. Written appearances or objections must be made to the City Clerk at or prior to the
hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
IS CONFIRMED (AT A LATER 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. (517-334-6521).
If you have questions about the permit requirements, the specific sections that need to be replaced, or if,
the paint wears off or fades out, contact the Engineering Department at (231) 724-6707.
For property owners who may have difficulty affording the sidewalk assessment, there are three options:
( 1) you can request to have your assessment payments spread over a ten-year period at a low
interest rate of 5.00% per year (unless the City has borrowed money to complete the project
for which you are assessed and has pledged your 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%),
(2) if you are a low-income senior citizen you can leave the assessment as a lien against your
property until the property is sold (contact the City Assessor's office for details), or
(3) if you are a low income homeowner of the property requiring sidewalk replacement, you may
be eligible for free sidewalk replacement. An application for this free assistance is enclosed.
If you believe you are eligible for this free assistance, your application must be submitted to
the City's Department of Community and Neighborhood Services, no later than April 15, 2005
If your application is approved, you need to do nothing else; the City will make the repairs,
and you will not be assessed for the replacement costs.
To help with your decision on how to proceed with these sidewalk repairs, we have enclosed the following
information:
1. Standards for the identification of defective sidewalks and procedures for appeal
2. An explanation of the special assessment process and what costs will be included in your
sidewalk assessment
3. An application for free sidewalk repairs, for eligible homeowners.
We suggest that you review the enclosed information carefully. Thank you for your cooperation in
improving the City of Muskegon.
Sincerey. . _, , •
1
!J!!'i!tl/!11'-r_'itlJ/;_
Mohammed AI-Shatel, P.E.
t/
City Engineer
Enclosures
CITY OF MUSKEGON CAMPBELL/GLENSIDE NEIGHBORHOODS
2005 SIDEWALK ASSESSMENT PROGRAM H-1590
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. ' . . ··,,.
. HOUSEHOLD INFORMATION .· ... .
Name: Birth date: 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 information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
·. ; .,· ; ; ...
' .. ·· ·.•.. . .. · . . .. ; •, '
····;·, ; ·;··. . ··.·.
· ... .. . ·, .··. · ·.· INCOME INFORMATION ...·. ··. •; - . .. ·.
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
..
·
.. ·
.· .
.
.··.· .·..
..
......... ·.····
.
.
.
PROPERTY INFORMATION .. ·, •····
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must he 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 occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all infonnation 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 see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
CAMPBELL/GLENSIDE NEIGHBORHOODS
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your propetiy for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the repair/replacement
of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
Block Grand (CDBG) program for eligible households and families. If you meet the CDBG program
qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
,{ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, tax returns, pension or other benefit checks, bank statements for direct deposits or agency statements for all
household income.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
,r Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
,r Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resen,es the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission
is proposing that special assessment districts be created for the following projects:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.- H-1597
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2005
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from MeG raft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
And
All parcels within area W-6, which is bounded by Ruddiman Creek to the west, Laketon Ave. to
the north, Seaway Dr. to the east, and Sherman Blvd. to the south.
The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminmy 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 II. 2005 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS
HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR
AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR
RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the propet1y 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 detem1ines by affinnative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: January 1, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessmy appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
C:\Dor.:umcnts and Sctlings\Potkr\Local Scttings\Tcmponuy lntcmet Files\OLK I A\SW 2005 SA Create Notiee.doc
2
{2) The inspectors will input the sidewalk improvement information
into a data base that wi 11 include all si dewa 1ks in need of
repair within that section of the City.
{3) Each year a contract will be prepared based on the needed repairs
within the sections designated for that year. City staff will
then determine, based on census information for the designated
sections, the approximate amount of funding needed through the
CDBG program to assist eligible property owners with their
sidewalk assessments. This amount will be included in the COBG
budget for the fo 11 owing year. Costs for si dewa 1k improvements
not eligible for CDBG funding will be assessed to the property.
and be payable over a specified period. In the Spring of the
following year the sidewalk improvement contract will be
executed.
(4) ~otices will be sent to affected property owners describing the
sidewalk improvements to be made nine months in advance of the
City implementing sidewalk improvements, with the exception of
the first year of the policy when notices will be sent six months
in advance. Notices will include information regarding CDBG
eligibility, and advising the property owners to contact the
Community and Neighborhood Services Department if they believe
they . are eligible for CDBG assistance in paying for their
sidewalk assessment.
{5) Property owners will have the option to complete the sidewalk
improvements themselves, or have the work done by a contractor of
their choice, providing the work meets City permit requirements.
If property owners e 1ect to do the improvements themse 1ves, the
improvements must be completed by May of the year the contract
will be implemented in their area, with the exception of the
first year of the policy when owners will have until July to
complete their sidewalk improvements.
{6) Handicapped ramps will be constructed according to City standards
at all corners where sidewalk improvements are being made
immediately adjacent to the intersection. in that particular
block. The cost of the ramps will be funded through the City.
78) If a property owner objects to the need to replace, install or
remove the sidewalk adjacent to their property they may appeal to
the City Manager.
Criteria for determining whether sidewalks are in need of maintenance
and repair for safety reasons, or if certain areas either are in need
of sidewalks where they have not existed before, or are in need of
si dew a1k remova 1 where si dewa 1ks are no 1anger required, wi 11 be
established by the City Inspections Department.
It is anticipated that this Policy for Sidewalk Maintenance, Repair ...
and Placement Program wi 11 advance sidewalk improvements throughout
the City whi 1e providing an equitable payment system, which will
result in increased safety to citizens as well as more attractive
neighborhoods.
CBC/g
9/16/93
2
(2) The inspectors will input the sidewalk improvement information
into a data base that will include all sidewalks in need of
repair within that section of the City .
(3) Each year a contract will be prepared based on the needed repairs
within the sections designated for that year. City staff will
then determine, based on census information for the designated
sections, the approximate amount of funding needed through the
CDBG program to assist eligible property owners with their
sidewalk assessments. This amount will be included in the CDBG
budget for the following year. Costs for sidewalk improvements
not e 1 i gi b1e for CDBG funding will be assessed to the property
and be payable over a specified period. In the Spring of the
fo 11 owing year the s i dewa1 k improvement contract wi 11 be
executed .
( 4) Notices wi 11 be sent to affected property owners describing the
si dewa1k improvements to be made nine months in advance of the
City implementing sidewalk improvements, with the exception of
the first year of the policy when notices will be sent six mon~s
in advance . Notices wi 11 include information regarding CDBG
eli gi bi 1i ty, and advising the property owners to contact the
Community and Neighborhood Services Department if they be1i eve
they . are eligible for CDBG assistance in paying for their
sidewalk assessment.
(5) Property owners will have the option to complete the sidewalk
improvements themselves. or have the work done by a contr actor of
their choice, providing the work meets City permit requirements.
If property owners elect to do the improvements themselves, the
improvements must be completed by May of the year the contract
will be implemented in their area, with the exception of the
first year of the policy when owners will have until July to
complete their sidewalk improvements .
(6) Handicapped ramps will be constructed according to City standards
at all corners where sidewalk improvements are being made
immediately adjacent to the intersection. in that particular
block . The cost of the ramps will be funded through the City.
78} If a property owner objects to the need to replace , install or
remove the sidewalk adjacent to their property they may appeal to
the City Manager .
Criteria for determining whether sidewalks are in need of maintenance
and repair for safety reasons. or if certain areas either are in need
of sidewalks where they have not existed before, or are in need of
si dew a1 k remova 1 where si dewa 1 ks are no 1onger required, wi 11 be
established by the City Inspections Department.
It is anticipated that this Policy for Sidewalk Maintenance, Repair ...
and Placement Program will advance sidewalk improvements throughout
the City while providing an equitable payment system, which will
result in increased safety to citizens as well as more attractive
neighborhoods.
CBC/g
9/16/93
Date: Janumy 11,2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Heming
Create Special Assessment District for:
Dale Ave., MeG raft to Ruddiman
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Dale Ave., McGraft to
Ruddiman paving project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005 03(c)
Resolution At First Hearing Creating Special Assessment District
For Dale Ave., MeG raft to Ruddiman
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 11, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 11,2005, there were 30. 64% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and detem1ines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and _ ____._Du;;auvui.._.s"-------
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.95% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission ofthe special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Carter, Davis, Gawron, Larson, Shepherd, Spataro,
and Warmington
Nays one
CITY OF MUSKEGON
By >i:~.c.Lr-
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 11, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~o.L~~
Gail A. Kundinger, Clerk
EXHIBIT A
Dale Ave., McGraft to Ruddiman
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Dale Ave. between MeG raft & Ruddirnan
SPECIAL ASSESSMENT DISTRICT FOR DALE AVE.
EXHIBIT "A"
t
NO SCALE
'------'~'---------
FOREST AVE
DALE AVE
DISTRICT
I-
LL
~ ._______ _) '-----..J (/)
0 - - - , -=LA~R.CH AVE $
~ ~
L
LAKETON AVE
L
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Dale Ave. Ruddiman St. to McGraft St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF DECEMBER,
2004. L 0 .~.,L,. .w .
GAIL A. KUNDINGER, CITY dfuRK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
zfl} DAY oF h!JI'va v , 2o()A':.r-
~da ~ - ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 2 -;?s--tJ k
MUSKEGON COUNTY
M c H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8 December 21, 2004
Douglas A. Bennett Mohammed AI-Shatel, City Engineer
District 7 City ofMuskegon
933 Terrace Street
Charles L. Buzzell
District 2 Muskegon, MI49443
James J. Derezinski
Mr. AI-Shatel:
District 4 In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the new construction of Dale Avenue between McGraft Street and
District 5 Ruddiman Street. The purpose of this analysis is to document the reasonableness of
this special assessment district by identifYing and quantifYing any accrued benefits. It
Louis A. McMurray
District 9 is subject to the normal governmental restrictions of escheat, taxation, police power
and eminent domain. The effective date is December 21,2004.
Robert Scolnik
District 11 In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I. John Snider II
District 3
project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in property values due
Nancy A. Waters to an improved quality oflife created by the proposed project. As previously
District 6 presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski properties. The front foot rate of $3 5. 50 for the new construction of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$35.98. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
\ . . 0. "
l; r 1'..Kt.. \. \ , C.:J,~_AA·\
Vicki A Emery, CMAE 3 U
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE, BUILDING C • MUSKEGON, Ml 49442
(231) 724-6386 • FAX (231) 724-1129
TTY (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
December 27, 2004
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 11, 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.
December 27, 2004
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:
DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
The proposed special assessment district will be located as follows:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on JANUARY 11, 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 $54,000.00 of which
approximately 24.95% ($13,472.00) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (1 0) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: JANUARY 11, 2005
Project Title: DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
Project Description: NEW CONSTRUCTION
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: 1296 W DALE AVE
Parcel Number 24-205-499-0008-00
Assessable Frontage: $44.00 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,408.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 499
W44 FT LOTB
& W 44 FT OF S 24 FT LOT 7
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.
CITY OF MUSKEGON
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.- H-1596
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
•
. ....·.
·. ·. . > · .. HOUSEHOLD INFORMATION .· . .. .
Name: Birthdate: Social Security # _ _-_ _. _ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
l'arcel # 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 Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
<
. . ··.. ··
. .
· .. ·. ·
.
..... ·.....
·. .·
·· . .< . • INCO)\I(E lNFORMATION .•. · ·•·.
.
. ··. .. .· ... ·...
.. : ·.. ...
.· ·•...··... ·
·.. ··.· .···.•·.·
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. .
. •·.·. .• .. < ..
..
. · ·.. ·. PROPERTY INFORMATION
·. . . ·. .
.. ··
··
. ·· .. ... ..•
· · ...
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
.... . ..
(Property taxes must be current to qualify and will be verified by CDBG staff)
1. ··.
. <··....· . ..·· : •. . .
.··. . ··..
·
·····
·.· ....····•·
.OWNER'S.....SIGNATURE
- . . . . ..
·.•.· ·. ·.•...· ..
. ·. ·.··
·•.· . ·. ...
·.··
.
.
•••••••••••••••
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's know ledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
..· ·· .. ··.· · .. ...·.
•. ..... FOR OFFICE USE ONLY>.·· · ••
·
••.
·. ·. . .
•••
..
····· .
APPROVED ( ) DENIED ( ) .····DATE CENSUS TRACT NO. .
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
DALE., MCGRAFT TO RUDDIMAN
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your propetty for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
./ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chmt below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address .
./ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resen'es the right to verifY all application information, and to reject any applications that contain falsified in}Ormation or insufficient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
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
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AYE. TO AMITY AVE.
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2005
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
And
All parcels within area W-6, which is bounded by Ruddiman Creek to the west, Laketon Ave. to the north,
Seaway Dr. to the east, and Sherman Blvd. to the south.
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 11.2005 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT HIE 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 1, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H 1596
NEW CONSTRUCTION HEARING DATE JANUARY 11, 2005
DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
1 WARDlE CAMERON B ASSESSABLE FEET: 44
24-205-499-0008-00 1296 W DALE AVE COST PER FOOT: $32.00
@ 1296. W DALE AVE MUSKEGON Ml 49441-225 ESTIMATED P.O. COST: I $1 ,4o8.oo 1
2 MCGINLEY WILLIAM G/STEFANI ASSESSABLE FEET: 44
24-205-499-0008-10 1290 W DALE AVE COST PER FOOT: $32.00
@ 1290. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,4o8.oo 1
3 STARK FREDRICK E/ELLEN M ASSESSABLE FEET: 44
24-205-499-0008-20 1284 W DALE AVE COST PER FOOT: $32.00
@ 1284. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,4o8.oo 1
4 LIDKE TRENT ASSESSABLE FEET: 66
24-205-499-0001-00 1573 JEFFERSON ST COST PER FOOT: $32.00
@ 1669. RUDDIMAN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
5 NEUMAN TODD/SPIER B ASSESSABLE FEET: 41
24-205-511-0006-10 1692 MCGRAFT COST PER FOOT: $32.00
@ 1692. MCGRAFT S MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 .312.oo 1
6 CRITCHETT JERRY W TRUST ASSESSABLE FEET: 50
24-205-511-0006-00 1164 WILLSHIRE DR COST PER FOOT: $32.00
@ 1283. W DALE AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1 .6oo.oo 1
7 SANDER MARK ASSESSABLE FEET: 41
24-205-511-0005-20 1273 W DALE AVE COST PER FOOT: $32.00
@ 1273. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,312.oo 1
12/28/2004 Page 1 of 2
NEW CONSTRUCTION HEARING DATE JANUARY 11, 2005
DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
8 KLEINER EDWARD H ASSESSABLE FEET: 41
24-205-511-0005-10 1267 W DALE AVE COST PER FOOT: $32.00
@ 1267. W DALE AVE MUSKEGON Ml 49441 ESTIMATED p 0. COST: I $1,312.oo 1
9 HUTCHINS WILLIAM J/SHAREE ASSESSABLE FEET: 50
24-205-511-0005-00 262 MAPLE CT COST PER FOOT: $32.00
@ 1261. W DALE AVE MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1 ,6oo.oo 1
SUM OF ASSESSABLE FOOTAGE: 421.00 SUM OF ESTIMATED P.O. COST: $13,4noo I
TOTAL NUMBER OF ASSESSABLE PARCELS 9.00
12/28/2004 Page 2 of 2
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessinent districts be created for the following projects:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2005
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
And
All parcels within area W-6, which is bounded by Ruddiman Creek to the west, Laketon Ave. to the
north, Seaway Dr. to the east, and Sherman Blvd. to the south.
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 Depa1tment 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 11, 2005 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER
IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE
OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE
HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL
TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: January 1, 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 impail·ed, etc., for disabled persons who want to attend
the meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TOO (231) 724-6773
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projccts\SWOS\2005 sw-program special assessment district to commission 1-11-
0S.doc
H-1596 DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS- 9
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 421.00 ..- 6 1283 W. DALE 24-205-511-QOOS-QO 50.00 1 1296 W. DALE 24-205-499-0008-00 44.00
8 1267 W. DALE 24-205-511-0005-10 41.00 3 1284 W. DALE 24-205-499-0008-20 44.00
FRONT FEET OPPOSED 88.00 20.90% 5 1692 MCGRAFT 24-205-511-0006-10 41.00
RESPONDING FRONT FEET IN FAVOR 132.00 }J.3s%
NOT RESPONDING- FRONT FEET IN FAVOR 201.00 47.74%
TOTAL FRONT FEET IN FAVOR 333.00 ?.9.10%
~'L o::l
TOTALS 132.00
88.00
TABULATED AS OF: 04:51 PM
1/11/20054:53 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON DALE AVE
Date: January II, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Evart St., Allen to Amity
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Evart St. between Allen
& Amity paving project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
· BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-03 (d)
Resolution At First Hearing Creating Special Assessment District
For Evart St. between Allen & Amity
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 11, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 11,2005, there were 25.0 %objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the bene tit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission dete1mines that the
assessments of costs ofthe City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Shepherd and _ _:::::
C.=a.::.r-=
t -=e-=r_ _ _ _ __
and the City Assessor who arc hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 15.87% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission ofthe special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
and Carter
Nays None
CITY OF MUSKEGON
By LO. ~
Gail A. Kundmger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 11, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~~~~d{ct;f'-
EXHIBIT A
Evart St., Allen to Amity
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Evmt St., Allen to Amity
SPECIAL ASSESSMENT DISTRICT FOR EVART ST.
EXHIBIT "A"
t
NO SCALE
AMITY A~.
/ \
...,
"'
..., I
~ Ill)/ J lt;i
BDI!t
ASSESSMENT DISTRICT
~
ALLEN - A~.
1~1 111
]~I J~
APPLE A~.
I
11
ADA A~.
I
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ISABELLA A~.
I
I
ll
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Evart St. Allen Ave. to Amity Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF DECEMBER,
2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
2 f-It DAY OF £ e,b cttt7jY , 200/f.J-
c:x:~ ~- &£&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 - cJ s-~ tl k
ENGINEERING FEASIBILITY STUDY
For
Evart St., Allen to Amity
The construction of a new curb & gutter street on Evmi between Allen & Amity was proposed
on the adopted 2005 CIP in an effort to incorporate the established goal of eliminating gravel
streets from the City's street system into our proposed work. Additional criteria for the selection
were:
I. The need to reduce maintenance cost associated with the upkeep of a gravel road
2. Enhance the appearance of that area
3. improve the drainage facility
The combination of the above reasons makes the selection of this street for improvements an
ideal one.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
prope1iies, is attached.
The preliminary cost estimate for the work associated with paving is $50,000 with the length of
the project being approximately 260 lineal feet (project length) or 248'ofassessable footage.
This translates into an estimated improvement cost of $20 I .61 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
District 10
Bill Gill, Vice-Chair
District 8 December 21, 2004
Douglas A. Bennett Mohammed AI-Shatel, City Engineer
District 7 City of Muskegon
933 Terrace Street
Charles L. Buzzell
District 2 Muskegon, Ml49443
James J. Derezinski
Mr. AI-Shatel:
District 4 In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the new construction of Evart Street between Allen Avenue and
District 5 Amity Avenue. The purpose of this analysis is to document the reasonableness of this
special assessment district by identifYing and quantifYing any accrued benefits. It is
Louis A. McMurray
District 9 subject to the normal governmental restrictions of escheat, taxation, police power and
eminent domain. The effective date is December 21, 2004.
Robert Scolnik
District 11 In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I. John Snider II
District3
project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in property values due
Nancy A. Waters to an improved quality of life created by the proposed project. As previously
District 6 presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski properties. The front foot rate of $3 5. 50 for the new construction of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$36.36. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
0~\{~ 0.c~\~Vcr-
Vicki A Emery, CMAE 3
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 [. APPL[ AV[., BUILDII~G C • MUSKEGON, Ml 49442
(231) 7246386 • FAX (231) 724-1129
TTY (231} 722-4103 • An EEO I ADA I AA Employer
recycled paper
December 27, 2004
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 11, 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.
December 27, 2003
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:
EVART ST., ALLEN AVE. TO AMITY AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
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 11, 2005 at
5:30P.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 $50,000.00 of which
approximately 15.87% ($7,936.00) 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 (10) 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,
I; ! / /:'/
;j;;/!(1/:cL /~~{
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: JANUARY 11, 2005
Project Title: EVART ST., ALLEN AVE. TO AMITY AVE.
Project Description: NEW CONSTRUCTION
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: 1291 AMITY AVE
Parcel Number 24-850-002-0012-00
Assessable Frontage: $62.00 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,984.00
Property Description
CITY OF MUSKEGON
WAGENMAKERS SUB DIVISION
LOT 12 BLK 2
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED D
Owner Co Owner/Spouse
Signature
---------------- Signature
--------------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
EVART ST., ALLEN AVE. TO AMITY AVE.- H-1597
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
.·.
..
' .·. HOUSEHOLD INFORMATION . . · .
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birth date: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
.
,
..
..
.. · .. INCOME INFORMATION
.··
. ....•.
· .. . ..
·
.
. ·. .· . •
•••
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
.
.. PROPERTY INFORMATION .·'
·.·
' .· . ·.
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by COBG staff)
. ,·.. . •. ... ,.. . ·. . ·.
.
. ·· . . • . ·
. . ·.· '·'··. ·. · ..
' OWNER'S SIGNATURE . ·. . .· ...
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner cettifies
that all infom1ation in this application, and all infonnation 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 see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
EVART ST., ALLEN AVE. TO AMITY AVE.
REOUEST FOR WAIVER OF SPECIAL ASSESSMENT
[ Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
./ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address .
./ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.
AND
SIDEWALK REPLACEMENT PROGRAM FOR 2005
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
And
All parcels within area W-6, which is bounded by Ruddiman Creek to the west, Laketon Ave. to the north,
Seaway Dr. to the east, and Sherman Blvd. to the south.
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 Depa11ment during regular business hours- between 8:00A.M. and 5:00P.M. on weekdays,
except hoi idays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON JANUARY 11, 2005 AT 5.·30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: January 1, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(23 I) 724-6705 or TDD (23 I) 724-6773
SPECIAL ASSESSMENT H 1597
NEW CONSTRUCTION HEARING DATE JANUARY 11, 2005
EVART ST., ALLEN AVE. TO AMITY AVE.
1 COOPER Ell ASSESSABLE FEET: 62
24-850-002-0012-00 5967 AIRLINE RD COST PER FOOT: $32.00
@ 1291. AMITY AVE FRUITPORT Ml 49415 ESTIMATED P.O. COST: I $1 ,984.oo 1
2 MORRIS CLARA P ASSESSABLE FEET: 62
24-850-002-0001-00 941 EVART ST COST PER FOOT: $32.00
@ 941.0 EVART ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,984.oo 1
3 PUTNEY ROYCE H ASSESSABLE FEET: 62
24-785-000-0029-00 912 EVART ST COST PER FOOT: $32.00
@ 912.0 EVART ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,984.oo 1
4 ODNEAL ROBERT ASSESSABLE FEET: 62
24-785-000-0027-00 1316 ALLEN AVE COST PER FOOT: $32.00
@ 1316. ALLEN AVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,984.oo 1
SUM OF ASSESSABLE FOOTAGE: 248.00 SUM OF ESTIMATED P.O. COST: $7,936.oo 1
TOTAL NUMBER OF ASSESSABLE PARCELS 4.00
12/28/2004 Page 1 of 1
H-1597 EVART ST., ALLEN AVE. TO AMITY AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS- 4
FOR OPPOSE
LETIER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 248.00 -· 4 1316 ALLEN 24-785-000-0027-00 62.00 1291 AMITY 24-850-002-0012-00 62.00
2 941 EVART 24-850-002-0001-00 62.00
FRONT FEET OPPOSED 62.00 25.00%
RESPONDING FRONT FEET IN FAVOR 124.00 50.00%
NOT RESPONDING- FRONT FEET IN FAVOR 62.00 25.00%
TOTAL FRONT FEET IN FAVOR 188.00 75.00%
TOTALS 124.00
62.00
TABULATED AS OF: #######
1/11/2005 4:54PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON EVART ST
Commission Meeting Date: January 11, 2005
Date: December 22, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.AO<-
RE: Rezoning request for property located at
SUMMARY OF REQUEST:
Request to rezone property located at 2111, 2123 and 2137 McCracken Streeet and
also 2117 and 2125 Lakeshore Drive from R-1 single Family Residential to RM-1 Low
Density Multiple-family Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map, Master Land Use Plan and zoning district intent.
COMMITIEE RECOMMENDATION:
The Planning Commission voted to deny the request at their 12/16/04 meeting.
Commissioners Spataro, Aslakson, Johnson, Sartorius, Mazade, & Warmington voted
for denial. Commissioners Michalski voted against denial. T. Harryman and B. Smith
were absent.
12/22/2004
CITY OF MUSKEGON
RESOLUTION #2005- 0 4 (a)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 2111, 2123 and 2137 McCracken Street and also
2117 & 2125 Lakeshore Drive was considered by the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on December 16,
2004, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map, Master Land Use Plan and zoning district intent.
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 11th day of January, 2005.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, carter, Davis
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan/ t a regular meeting held
on January 11,2005. _ Q,L .
Gail A. Kundinger, MMC
City Clerk
2
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 16,2004
Hearing; Case 2004-45: Request to rezone the properties located at 2111, 2123 and 2137
McCracken Street and also 2117 and 2125 Lakeshore Drive from R-1 Single Family Residential
to RM-1 Low Density Multiple-Family Residential district, by Dave Medendorp (Lakeside MG,
LLC)
BACKGROUND
Applicant: Greg Hodge, Hodge Development Services, LLC, 2170 Eagle Boulevard, Holland MI, for
Dave Medendorp, Lakeside MG, LLC, 1465 East Apple Avenue, Muskegon MI
Address!LocationofSubjectPropertv: 2111,2123 & 2137 McCracken Street and 2117 & 2125
Lakeshore Drive
Cmrent Use: McCracken Street, vacant; Lakeshore Drive, single-family
CUJTent Zoning: R-1 One-Family Residential District
Proposed Zoning: RM-1 Low Density Multiple-Family Residential District
STAFF OBSERVATIONS
1. The applicant withdrew the original request for rezoning of the property to RM-1 at the October
14, 2004, Planning Commission meeting. (The associated Preliminary PUD review was
subsequently tabled at that same meeting.)
2. The rezoning request has not changed, only the Preliminary PUD plan has been revised. It is to be
reviewed separately after being removed from the table prior to holding a public hearing.
3. The subject property is located at the southwest comer of Lakeshore Drive and McCracken Street.
The three parcels along McCracken Street are remnants of a former railroad right-of-way and the
two along Lakeshore Avenue are platted lots. The entire project site is zoned R-1, as are all
properties on the block. Across Lakeshore Avenue, zoning of properties within the notification
area include R-1 and B-4. Across McCracken Street, the properties facing Lakeshore are zoned
RM-1 and those facing Harrison Avenue are zoned R-1. Zoning of properties to the south, across
Harrison, is R-1. The neighborhood is predominantly single family residential other than along
Lakeshore Avenue, where there is a mix of single and multi family uses, commercial uses and
vacant land.
3
4. The Future Land Use Map shows the subject property to be "Single & Two-Family Residential."
It is adjacent to the "Lakeside Pedestrian Scale Mixed-Use Area" across Lakeshore Drive, which
promotes "pedestrian-friendly, mixed-use development and redevelopment."
5. The Master Land Use Plan states:
+ It is the goal of the Master Plan to retain the McGraft Park Residential Sub-Area as single
family in orientation. As such, the Master Plan supports ongoing efforts towards the
rehabilitation of mature housing stock for continuing single family use and, where feasible, the
construction of new single family detached homes. Moreover, those features of the sub-area
considered highly beneficial to the area's residential character, aesthetic quality and life style
should be fully protected and, where necessary, enhanced. These include McGraft Park,
Seyferth Playfield, and tributaries ofRuddiman Lagoon.
+ While fostering the above goal, it is acknowledged that a limited range of commercial and
office activities are appropriate to select segments of Lakeshore Drive and Sherman
Boulevard. Typically, non-residential uses should be oriented to the needs of the local
populace. Such development should be highly controlled pursuant to type, location, and
design in order to prevent negative impacts of the sub-area's residential focus.
6. The Master Plan recommends for this sub-area:
+ Maintain the character of the sub-area as single family residential. Limited
multiple-family may be permitted provided:
o Residential density (units per acre) does not exceed underlying single family standards by
more than 50%;
o Sufficient onsite parking exists to accommodate all units;
o The character of the multiple family complex (building and site) must be consistent with
that of surrounding residential development;
o All units should have on-site access to at least (1) stall of an enclosed garage; and
o All projects should be subject to site plan review by the Planning Commission.
+ Implement zoning (site plan) standards requiring adequate buffer protection between
the commercial uses along Lakeshore Drive and Sherman Boulevard and adjacent residential
development.
+ Commercial development along Lakeshore Drive should be restricted to the B-2 zone
district classification
While it is recognized that Lakeshore Drive serves a rather high amount of transient traffic,
many of the uses pennitted within the present B-4 areas (e.g., major automobile repair, storage
of wrecked automobiles, storage of goods, parts assembly, vehicular sales, flea markets, etc.)
are not conducive to the planned character ofthe area.
7. Though the subject property is not located within it, it is adjacent to the Lakeside area. The City
of Muskegon Waterfront Redevelopment Sub-Plan 1999 recognizes the residential character of
the Lakeside area and recommends mostly residential with some mixed-use commercial/office
4
and residential development that utilizes and respects local vernacular styles for the design of new
buildings and preserves views of the lake.
8. The RM-1 district permits multiple family dwellings, up to 16 dwelling units per acre; current R-1
zoning permits single family detached dwellings, up to seven (7) dwelling units per acre. The
PUD option allows for mixed land uses tbat are compatible with each other. The maximum
number of units permitted on the site is: R-1, 5 dwelling units; R-T, 7 dwelling units; RM-1, 11
dwelling units.
9. There were no concerns or comments expressed by the Fire, Police or Public Works Departments.
10. Mrs. Huddleston, 2120 Miner Avenue, stated she was against the request because she feels there
are too many rentals already and because of traffic concerns.
ORDINANCE EXCERPTS
ARTICLE IV- R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These distticts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encomage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
chmches, and certain public facilities which serve residents of the disttict. It is the intent of these districts to recognize that
the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently mbanized
communities, and the standards in Section 2100 reflect residential development standards that the citizens of Muskegon find
to be compatible.
SECTION 400: PRINCIPAL USESPERMITfED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, structtually
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this Ordinance;
I. One Family detached dwellings.
2. Home occupations of a non-industrial nattue may be permitted. Permissible home occupations include,
but are not limited to the following: [aruended 11/02]
3. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred
(1,500) feet from any other similar facility. [amended 11/02]
4. Accessory buildings and accessory uses customarily incidental to any of the above Pdncipal Uses
Pemritted.
5. Uses similar to the above Pdncipal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITfED [aroended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332
after review and approval of the use (and a site plan, if required) by the Plauning Commission, after Public Hearing, subject
to the applicable conditions, and any other reasonable conditions imposed by the Plauning Commission:
1. P1ivate recreational areas, and institutional recreational centers when not operated for profit, and nonprofit
swinrming pool clubs, all subject to the following conditions: [amended 2/02]
2. Colleges, universities, and other such institutions of higher learning, public and ptivate, offering courses in
general, techuical, or religious education not operated for profit, all subject to the following conditions:
5
3. Churches and other facilities normally incidental thereto subject to the following conditions:
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such uses are
set back thirty (30) feet from any Jot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be authorized
under Special Use Pennit for the following [amended 12/99]:
7. Accessory buildings and accessmy uses customarily incidental to any of the above Special Land Uses Pennitted.
8. Uses similar to the above Special Land Uses Pennitted.
SECTION 402: [RESERVED] [amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
Plauned unit developments (PUDs) may be allowed by the Planning Commission under the procedural guidelines of
Section 2101. The intent ofPJauned Unit Developments in the single family residential dis!lict is to allow for flexibility in
the desigu of housing developments, including but not limited to condominium developments and cluster subdivisions, to
allow for the preservation of open space; allow for economies in the provision of utilities and public setvices; provide
recreational opportunities; and protect important nanu·al fea!lues from the adverse impacts of development.
I. -9.
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
I. Minimum lot size: 6,000 sq. feet
2. Densitv (see definition in Article Ill: 7 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: I 0%
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then measured from setback).
5. Width to depth ratios: The depth of any Jot(s) or parcel(s) shall not be more than three (3) times longer its width.
6. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof smface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
detennined by averaging the elevation ofthe ground for each face of the building (see Figrue 2-3).
7. Front Setbacks:
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal struc!lues on minor streets may aligu with existing principal
structures in the irmnediate area even if the front setback is below the minimum required.
6
8. Rear setback: 30 feet
9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures only).
10. Side setbacks:
1-stmy: 6 feet and I 0 feet
2-stmy: 8 feet and 12 feet
Note. setback measurement: All required setbacks shall be measured from the right-of-way line to the nearest
point of the determined drip line ofbuildings. [amended 10/02]
II. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line provided:
[amended 10/02]
ARTICLE VII· RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for multiple family
dwelling structures, and related uses, which will generally serve as zones of transition between the
nonresidential districts and the lower density One Family and Two Family Residential Districts, and MHP Mobile
Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITIED
In an RM-1 Low Density Multiple Family Residential District no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (I) or more of the following specified uses, unless
otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the lot
area, yard, and fioor area requirements for one (1) and two (2) family dwellings equal to at least the
requirements of the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot
in any residential district.
4. Bed & Breakfast facilities, under the following conditions: [amended 7/03]
5. Rooming houses with a capacity of not more than three (3) roomers.
6. Churches and other facilities normally incidental hereto subject to the following conditions:
7. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but
are not limited to the following: [amended 11/02]
8. Foster Care Small Group Homes. [amended 11/02]
9. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.
7
10. Uses similar to the above Principal Pennitted Uses.
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332
afterreview and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject
to the applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
I. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers, or
other professional persons; real estate, insurance, credit service (other than loan) offices and similar businesses
supplying services instead of products when detennined by the Planning Commission upon application to it, to be
consistent with the nature and condition of neighboring uses and stmctures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the activities of
which are conducted by mail, and which are not displaying or handling merchandise or rendering service on the
premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in
dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet from
any other lot in any residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one thousand five hundred
(1,500) feet from any other similar facility. [amended 11/02]
5. Previously existing or established commercial uses not already converted to a residential use may be authorized
under Special Use Pennit for the following [amended 12/99]:
6. Accessmy buildings and accessory uses customatily incidental to the above Special Land Uses Permitted.
7. Uses similar to the above Special Land Uses Permitted.
SECTION 702: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section 210 I. The
intent of Planned Unit Development in the RM-1 Low Density Multiple Family Residential District is to allow mixed land
uses, which are compatible to each other, while prohibiting nonresidential uses which would not be compatible or
hannonious with residential dwellings.
SECTION703: AREAANDBULKREQUIREMENTS[arnended4/00]
I. Minimum lot size: 10,890 sq. feet.
2. Densitv (see definition in Article II): 16 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 60 %
Pavement: 20 %
5. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to denthratios: The depth of any lot(s) orparcel(s) shall not be more than three (3) times longer its width.
8
8. Height limit: 3 stories or 50 feet.
Height measurement: fu the case of a principal building, the vertical distance measured from the average fmished
grade to the highest point of the roof surface where the building line abuts the front yard, except as follows: to the
deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip, and gambrel roofs
(see Figure 2-2). If the ground is not entirely level, the grade shall be determined by averaging the elevation of the
ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 25 feet
Minor Street: 20 feet
I 0. Rear setback: 30 feet
II. Setback from the ordinary high water mark or wetland: 50 feet (p1incipal structures only).
12. Side setbacks:
!-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the nearest
point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided: [amended 10/02]
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is employed for a
structure or fire access. At least fifty percent of all required front setbacks shall be landscaped and adjacent to the
road right-of-way. An average minimum greenbelt of 10 feet shall be maintained along each street frontage.
[amended 12/01, amended 10/02]
9
10
City of Muskegon
.
Planning Commission
Case# 2004·34 & 35
---¢-·
.
• • Subj.,~l Prop.,rty(los)
Q" Noli<>& Are•
R-1 " SIngle· F amity R esldenllal
RM-1 " L<>w De nslty Multiple· F amity R esld enli~l
8-1 ~ Llml!ed BuslneH
8-2 " C onvenlenoe & C omparlson 8uslo"""
8·4• <?eneralllu•inus
1-2~ Generallndu~lrial
WM a Waterfront M•rin"
1000 Feel
"' 000
11
RECOMMENDATION
The intent of the RM-1 zone district is to provide sites for multiple family dwellings that will
generally serve as zones of transition between the nonresidential districts and lower density one and
two family residential districts. Some of the primary differences between the R-1 and RM-1 zone
districts are: principal uses permitted in the RM-1 zone are more intensive than those in the R-1 zone;
greater allowable density; and greater flexibility with the PUD option in the RM-1 zone. Based upon
the goals and recommendations of the Master Plan, however, the requested RM-1 zone is a more
intense zone district than expected for the area, though there is previously zoned RM-1 property
directly across McCracken Street.
Further, the Master Plan recommendation that the density not exceed 50% of the allowable R-1
density is not satisfied by the RM-1 zone. Recommended density should not exceed 10.5 dwelling
units per buildable acre; RM-1 zoning permits 16.
By comparison, the RT Two Family Residential District's Principal Uses Permitted are comparable to
the R-1 zone and it allows 10 dwelling units per buildable acre, while the PUD option still allows
mixed uses. Though staff finds the RT zone more appropriate for the site per the 1997 Master Plan
and the 1999 Waterfront Redevelopment Sub-Plan, development in the area has not necessarily
mirrored the expectations at the times when those plans were adopted.
Based upon the above analysis, staff is recommending denial of the request to rezone the subject
property from R-1 to RM-1 because the request does not conform to the goals and recommendations
of the 1997 Master Plan, finding that the RT zone is more appropriate. Should the Planning
Commission find that the goals and recommendations of the current plans are not reflective of current
conditions and expected trends, and choose to recommend the City Commission rezone the property,
appropriate changes in the Master Plan should be made at or before the next major Master Plan
update.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
smTOunding property?
12
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of
the City?
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed
in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motions are offered for consideration:
I move that the request to rezone the properties located at 2111, 2123 and 2137 McCracken Street and
2117, 2125 Lakeshore Drive, from R-1 Single Family Residential to RM-1 Low Density Multiple-
Family Residential district, as described in the public notice, be recommended for (approval/denial)
to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination
of (compliance/lack of compliance) with the intent of the City Master Land Use Plan and zoning
district intent.
13
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING 01/11/05
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 10, 2005
RE: Resolution to Support the Muskegon County Grant Application for the DMDC
Site.
SUMMARY OF REQUEST:
To adopt a resolution to support Muskegon County's CDBG application to the State of Michigan
to fund the public infrastructure for the DMDC site. This funding is critical for the project to
begin construction this summer.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
None
Resolution 2005-04 (b)
City ofMuskegon
WHEREAS, the Downtown Muskegon Development Corporation (DMDC) acquired the former
Muskegon Mall property for the purpose of redeveloping it into a key part of the City's Central
Business District that will become the cornerstone urban development project for Muskegon
County, and
WHEREAS, the DMDC has deconstructed the majority of the buildings on the former mall site
to ready the site for new development, and
WHEREAS, the next step in revitalizing this vast (23 acres) site is to put in the public
infrastructure into this site so the property can be reused and attract private investment, and
WHEREAS, the DMDC is working closely with the City of Muskegon to plan and design the
public infrastructure that is vital to redeveloping this property, and
WHEREAS, the engineering design for the infrastructure has begun and construction will be
ready to begin in the summer of2005, and
WHEREAS, the funding for the infrastructure, which has not yet been secured, is critical for this
project to continue forward and for the site to be ready for private investment this year, and
WHEREAS the County ofMuskegon is applying for a Community development Block Grant
(CDBG) through the State of Michigan to fund the infrastructure because the project is regional
economic development project and impacts the entire Muskegon area and beyond.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission supports the
County ofMuskegon's CDBG application and strongly encourages the State Michigan to fund
the County's grant request.
Adopted on January 11, 2005 .
Gail A. Kundinger, MMC
City Clerk
I hereby certify that the foregoing constitutes a tme and complete copy of a resolution adopted
by the City Commission of the City ofMuskegon, Michigan, at a regular meeting held on
January 11, 2005.
Gail A Kundinger, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
Request to Speak
CITIZEN'S CONCERN FORM
This request must be returned to the City Clerk first before concem(s) can be
brought in front of the Commission. Please state name and address at the
microphone for the record.
Phone
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1 .j'T iJ J
Address ~ "l
..J.:J D] Signature _'__;'·~~
____:__:b=.--·. .k:! . : .J~
. =. : :. ~~
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Staff person who you have already contacted __L1...L!)L~
1l'----
'U ..:.....>..,..._ _ _ _ _ __ _ __
Request amount of Time 3 minutes /
10 minutes - -(for representing a group)
Request for special equipment (specify) _ _ __ _ _ _ __ _ _ _ _ __
***Please make sure that all cell phones are turned off during meeting.
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