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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 12, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
COMMISSION ACTION NUMBERS
2005-32 HONORS AND AWARDS:
A. Sarah Johnson
2005-33 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License - Muskegon Community Health
Project. CITY CLERK
C. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for "Setback, Front". PLANNING & ECONOMIC
DEVELOPMENT
D. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for "Informational Sign". PLANNING & ECONOMIC
DEVELOPMENT
E. SECOND READING: Zoning Ordinance Amendment to the Sign Ordinance
for Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
F. SECOND READING: Rezoning Request for Properties Located at 704. 714,
724. and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
G. Procurement of Police Patrol Rifles. PUBLIC SAFETY
H. Resolution Opposing the Elimination of the Community Development Block
Grant Program. COMMUNITY & NEIGHBORHOOD SERVICES
I. Resolution to Support Additional Municipal Service Cooperation Throughout
Muskegon County.
2005-34 ITEM REMOVED FROM THE CONSENT AGENDA:
J. Policy Regarding Local Preference Purchasing/Contracting.
2005-35 UNFINISHED BUSINESS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis
(Tabled from 3-22-05). ENGINEERING
B. Create a Special Assessment District for Franklin Street, laketon to Ireland
(Tabled from 3-22-05). ENGINEERING
2005-36 NEW BUSINESS:
A. MDNR Agreement Amendment for lakeshore Trail. CITY MANAGER
B. Approval of the 2005-2006 Action Plan. COMMUNITY & NEIGHBORHOOD
SERVICES
C. Public Service Building Modifications. PUBLIC WORKS
D. Signal Maintenance for Public Crossing over CSX's Tracks. ENGINEERING
E. Consideration of Bids for Pine Street, laketon to Dale. ENGINEERING
F. Transmittal of 2004 Comprehensive Annual Financial Report. FINANCE
G. Request for Encroachment Agreement By: lake Express LLC. ENGINEERING
H. Consideration of Bids: Janitorial Services for 2005- 2008. ENGINEERING
I. LEAD Program - City Participation in GEAR UP 2011 Grant Proposal.
ASSISTANT CITY MANAGER
J. Accept Shoreline Dr. East (First to Eastern) into the City's Street System.
ENGINEERING
2005-37 PUBLIC PARTICIPATION:
A. Request to Apply for Second Year Renewal of Title V Grant.
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CITY OF MUSKEGON State of Michigan
Certificate of Recognition
WHEREAS, the Muskegon City Commission would like to recognize Dr. Sarah Johnson with this
Certificate for her contributions to our community and her dedication to the youth in the
Muskegon community, and
WHEREAS, in 1980 Sara started the Word of Truth Outreach Ministry, which includes the
International Outreach Ministries that has helped establish 57 churches in the USA and
Nigeria West Africa as well as a Christian Medical Clinic there, and
WHEREAS, in 1999 she started the Muskegon Word of Truth Outreach Ministry at 31 East Clay
helping those who require unconventional day care, and are in need of counseling as
well as help with housing, utilities, food, and clothing, and '
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WHEREAS, this center also houses the Lakeshore Christian Learning Center whose philosophy is to
provide an educational program recognizing the value of a meaningful education
program in early childhood development that will help our young to have a better self·
concept of themselves and a greater desire to advance their knowledge, and
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WHEREAS, her desire is to help the youth in our community to have a better quality of life she
started the Lakeshore Young Marines youth program for children between the ages of
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eight and eighteen to help deter them from juvenile delinquency, and ·>x-:
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WHEREAS, this genuine concern Sara has for her fellow man has earned her the affection and respect
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of many who have come in contact with her.
NOW THEREFORE, I Stephen J. Warmington, by virtue of the authority vested in me as Mayor and
speaking on behalf of the Muskegon City Commission and our residents do hereby
\\ tender this Certificate of Recognition to Dr. Sara Johnson to commend her for her
outstanding efforts and contributions to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and cause the seal of the City of Muskegon to
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be affixed this March 8, 2005.
) Stephen J. Warmington, Mayor Bill Larson, Vice Mayor
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/ Stephen J. Gawron, Commissioner Chris Carter, Commissioner
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Kevin Davis, Commissioner Clara Shepherd, Commissioner
Lawrence Spataro, Commissioner
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Date: April12,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, March 22, 2005, and
the Special Commission Meeting that was held on Tuesday, March 29,
2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 12, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, Aprill2, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
of the Word of Truth Outreach after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-32 HONORS AND AWARDS:
A. Sarah Johnson. Commissioner Clara Shepherd presented Dr. Sarah Johnson
with a Certificate of Recognition from the City Commission.
2005-33 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
that was held on Tuesday, March 22, 2005, and the Special Commission Meeting that
was held on Tuesday, March 29, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License - Muskegon Community Health
Project. CITY CLERK
SUMMARY OF REQUEST: Muskegon Community Health Project, 565 W. Western
Avenue, is requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501 {c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for "Setback, Front". PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to clarify the
definition for "Setback, Front".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to clarify the definition for "Setback, Front".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
D. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for "Informational Sign". PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a definition
for "Informational Sign".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to add a definition for "Informational Sign".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
E. SECOND READING: Zoning Ordinance Amendment to the Sign Ordinance
for Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(10.) of Article XXIII (General
Provisions) to amend the sign ordinance language regarding campus signage.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to amend the sign ordinance language regarding campus signage.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
F. SECOND READING: Rezoning Request for Properties Located at 704, 714,
724, and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 704, 714, 724, and
734 E. Apple Avenue, from R-1, Single Family Residential to B-2, Convenience &
Comparison Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
G. Procurement of Police Patrol Rifles. PUBLIC SAFETY
SUMMARY OF REQUEST: The Muskegon Police Department currently has in its
possession two (2) Thompson and four (4) Uzi machine guns. The department has
been in possession of these weapons for many yeprs. While these weapons are of
great interest to collectors, they are useless as to our needs. At this same time, we
are in need of replacing our current stock of patrol shotguns and there are a number
of reasons for doing so.
First, the shotguns are aging and require a great deal of care. Secondly, the shotgun
is heavy and can be difficult for many of us to handle. In this regard, I also have
concerns about the control of pellets or a slug when the shotgun is fired. Finally, our
current patrol-level tactical training calls for the use of a rifle. We are currently
training patrol officers in what is known as "Active Shooter" situations. Primarily
designed to prepare officers to respond to shooting incidents in schools or businesses,
it calls for the use of an accurate shoulder-fired weapon. The shotgun does not
meet this need.
Realizing that we do not have the funds to purchase such weapons, our Firearms
Training Team has been talking with collectors and dealers. Some have offered to
purchase the machine guns while others have offered to us a variety of trades.
Recently we were contacted by Cinema Weaponry LLC of Glendale, California. This
company provides weapons for the movie industry. Cinema Weaponry has offered
to trade to us twenty (20) new Colt Law enforcement M4 semi-automatic carbines
with accessories in return for the six machine guns. They would also pay for the
shipping costs. Our firearms team had already settled on the M4 as the rifle of choice
and has recommended to me that this trade would meet our needs. The purchase
price of an M4 is approximately $950. Therefore, this trade would result in a savings to
us of $19,000 if we were to have to purchase these rifles.
We have been in contact with the Bureau of Alcohol, Tobacco and Firearms in
regards to this transaction. They have advised us that this trade is legal and will
provide guidance with the appropriate paperwork. I have also asked our City
Attorney to review this transaction and to assist us with the appropriate legal
agreement.
To us during these tight budget times it makes sense to trade these weapons that we
will never be able to use for weapons that we can use. We ask for your
consideration in approving this trade.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Consideration of this request.
H. Resolution Opposing the Elimination of the Community Development Block
Grant Program. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community and
Neighborhood Services Department to submit it to the Federal Administration.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
I. Resolution to Support Additional Municipal Service Cooperation throughout
Muskegon County.
Motion by Commissioner Gawron, second by Commissioner Carter to approve the
Consent Agenda with the exception of item J.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
2005-34 ITEM REMOVED FROM THE CONSENT AGENDA:
J. Policy Regarding Local Preference Purchasing I Contracting.
Motion by Vice Mayor Larson, second by Commissioner Davis to adopt the policy
with change.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
2005-35 UNFINISHED BUSINESS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis
(Tabled from 3-22-05). ENGINEERING
SUMMARY OF REQUEST: To create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to create the
special assessment district for Ireland, Davis to Franklin and assign two City
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
Commissioner Gawron and Spataro were appointed to the Board of Assessors.
B. Create a Special Assessment District for Franklin Street. Laketon to Ireland
(Tabled from 3-22-05}. ENGINEERING
SUMMARY OF REQUEST: To create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to create the
special assessment district for Franklin, Laketon to Ireland and assign two City
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Commissioner Gawron and Spataro were appointed to the Board of Assessors.
2005-36 NEW BUSINESS:
A. MDNR Agreement Amendment for Lakeshore Trail. CITY MANAGER
SUMMARY OF REQUEST: To adopt a resolution to approve a Project Agreement
amendment between the City and MDNR for the Lakeshore Trail project. This is
necessary to complete the Chase Hammond Golf Course conversion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
MDNR Agreement and resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
B. Approval of the 2005-2006 Action Plan. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the 2005-2006 Action Plan for the City of
Muskegon Community Development Block Grant/HOME activity. If the Action Plan is
approved, the CNS will continue the comment period of the Action Plan as
amended if needed until April 17, 2005. On April 18, 2005, the CNS office will submit
the Action Plan to the U.S. Housing and Urban Development as required in order to
request the release of funds for the 2006-2007 fiscal year.
FINANCIAL IMPACT: Action Plan establishes the 2005-2006 budget.
BUDGET ACTION REQUIRED: None at this time, budget established by Action Plan.
STAFF RECOMMENDATION: To approve the Action Plan.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the
2005-2006 Action Plan.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
C. Public Service Building Modifications. PUBLIC WORKS
SUMMARY OF REQUEST: We are requesting approval to purchase one heating and
air conditioning unit to service 2 offices being created in a shop area. This
equipment will also replace aging equipment for the conference room and 3 other
interior offices. By centralizing to one unit and eliminating 4 other units, energy
savings are anticipated.
FINANCIAL IMPACT: $11,553.67. $50,000 has been earmarked for capital needs at
the Public Service Building in 2005.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION: Recommend approval.
Motion by Vice Mayor Larson, second by Commissioner Carter to approve the Public
Service Building modifications and award the bid to Bowen Refrigeration, Heating &
Cooling.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Signal Maintenance for Public Crossing over CSX's Tracks. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to issue a payment of $30,000 due CSX from
the City for the nine (9) public crossing over active CSX tracks. The Attorney's Office
reviewed the claims by CSX and found them to be accurate in their demand for
compensation as called for in Public Act 354, adopted in 1994. Staff was not aware
of such charges until the bill was received in March of 2005. The amount requested
was negotiated down with CSX to $30,000 from the amount originally requested of
$37,530.
FINANCIAL IMPACT: $30,000.
BUDGET ACTION REQUIRED: This additional expense will be reported on the
upcoming quarterly budget update.
STAFF RECOMMENDATION: Authorize payment to CSX for $30,000.
Motion by Commissioner Spataro, second by Vice Mayor Larson to authorize
payment.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
E. Consideration of Bids for Pine Street. Laketon to Dale. ENGINEERING
SUMMARY OF REQUEST: The milling and resurfacing contract (H-1601) on Pine Street
between Laketon Avenue and Dale Avenue be awarded to Asphalt Paving, Inc. out
of Muskegon, MI. Asphalt Paving, Inc. was the lowest responsible bidder with a bid
price of $33,445.60.
FINANCIAL IMPACT: The construction cost of $33,445.60 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Asphalt Paving, Inc.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the
contract to Asphalt Paving, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
F. TransmiHal of 2004 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City's 2004 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time the CAFR is
being formally transmitted to the Commission in accordance with state law. The 2004
CAFR has been prepared in accordance with GASB 34 accounting standards. The
2004 CAFR also includes the "single-audit" of federal grants. Previously, the single
audit was filed as a separate report.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities
for 2004 and includes the independent auditor's unqualified opinion on the City's
financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the 2004 CAFR.
Motion by Commissioner Carter, second by Commissioner Gawron to approve the
2004 CAFR.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
G. Request for Encroachment Agreement By: Lake Express LLC. ENGINEERING
SUMMARY OF REQUEST: Lake Express LLC has requested your permission to erect
directional sign on the Lakeshore Drive public right of way. The proposed location of
the sign is the northwesterly corner of the intersection of Lakeshore Drive and Estes
(assumption is Estes is a north-south direction). The sign will be a double face lit-up
and raised about 10' above the sidewalk surface.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
encroachment agreement with supplemental conditions.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
H. Consideration of Bids: Janitorial Services for 2005- 2008. ENGINEERING
SUMMARY OF REQUEST: To award a janitorial services contract to Reliant Professional
Cleaning out of Grand Haven to clean City Hall/Police Department and the Public
Service Building for the next 3-years starting May 1, 2005, and thru April 30, 2008, with
an option on a fourth year. Reliant was the lowest responsible bidder with bid price
as follows:
2005-06 2006-07 2007-08 Total
City Hall & P.O. $40,435.04 $40,435.04 $41 '166.04 $122,036.12
Public Service $12,459.60 $12,459.60 $12,699.60 $37,618.80
Building
Totals $52,894.64 $52,894.64 $53,865.64 $159,654.92
FINANCIAL IMPACT: The above stated annual costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award a three-year contract to Reliant Professional
Cleaning with an optional fourth.
Motion by Commissioner Gawron, second by Commissioner Spataro to award a
three-year contract with option for fourth to Reliant Professional Cleaning.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
I. LEAD Program - City Participation in GEAR UP 2011 Grant Proposal.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Muskegon Public Schools is requesting the City's partnership
in the above-referenced program. Giving their tight timeline (they requested a
response on March 29, 2005) and the fact that what was requested of the City
complies with the City Commission's goal to "Foster Opportunities for City Youth",
with the City Manager's approval we consented to participate contingent upon City
Commission approval. I have also provided a summary breakdown of the type of in-
kind services the City might offer in exchange for students volunteer services at City
activities.
FINANCIAL IMPACT: Largely in-kind service.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends partnering with Muskegon Public
School to apply for GEAR UP 2011 Grant Proposal.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
partnering with Muskegon Public School to apply for GEAR UP 2011 Grant Proposal.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
J. Accept Shoreline Dr. East (First to Eastern) into the City's Street System.
ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution, including exhibit A, accepting
Shoreline Drive East from First Street to Eastern Avenue and the realigned section of
Ottawa Street between Ottawa and Western Avenue into the City's street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to accept
Shoreline Drive East into the City's Street System.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
2005-37 PUBLIC PARTICIPATION: Martha Bottomley explained the Title V Grant.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
request to apply for the second year renewal of Title V Grant.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:04p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: April 12, 2005
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: Muskegon Community Health Project, 565
W. Western Avenue, is requesting a resolution recognizing them as a
non-profit organization operating in the City for the purpose of obtaining
a gaming license. They have been recognized as a 501(c)(3)
organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
APr. 5. 2005 II: 25AM ,,_MUSK COMM HEALTH PROJECT No.4987 P. 2
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Si.nc~ you ~n~ rnJt "'· pt-i.v.3.te i"~"ourpj,atf.on~. you ~i""2 tH.::tt ~·'/•bjl=Jct to' ~h·€1 e:..:c:i.s:~
Ch.;.pt.~r 4'2 of th~.:: Code..
tao.1:es i...u1der HoweveF, if you ~~·~~ involv~ct in 4n ~:n.:.<:e~s
b:Q-nefit b-"~fi:sr,<;ctron$ that tt-·a(1Sat.tion might b~ sutd~ct to the ~t.ci.se t~:\e$. o.f
'£-~id:ion 49JB .. Addition.ally, you .:H'"€. not .;.:tUi;.':iitu;;;tir::·?.l!y
1
exe~rqJt ftom o.the-r-
fedaral ~~~ise ta~es~ If you have any que~tion~ abo~t e~cise~ employment, or
oth~r fede;·-ctl t.;:.;:;~s~ please C6t'd:act yot.~t· k~y district office ..
Gl"'o:J~.rd:.c.i.. ,g ar~\i c';::•rd:.J"itG.tGr-s m~.y r-&ly on this Oetel"'min.,,tior' unl.e~s the
Int~r-rHil Reveo!J.~ SG!In-dce- publi·:=.he·~ notiC:G to the contrr,i1.·t't~ Hc•AlS?\"9?'~ if yw\.~.
l.use }"GU.I'" s~·::tioi1 :509(~,J(l.i. si:c<.hts~ a qr&ntor or contributor m.:ny rmt n?ly
on this cl~termf.n.1lit'\n if h>= .-:H~ "St'•e !!~a.s in p..'-lt re.sponsibte for~ Ql'" w.,_, ..a lj..\."l~f~
of~ the a~t or failure to act~ or the substantial Or m£teri~l ch4~ge on the
p.d'.rt of th~::·· ol--qanizf.l.tiar. thai: r0•.sult.z•d in }"GiJ.r h1s·3 of suet:: s.t;.,.ttts~ OF if hf·: ,G\'"
sfle .~ccp..~ired kftGV~ledqe tf:{).t the Ird:~rn~l R~--~v·;.:;mu.~ Se-rvice ha.d given ootic:\?.
fOU would no longer b~ classified as ~ ~ecticn 509(a)(1) o~ganization.
APr. 5. 2005 II :26AM MUSK COMM HEALTH PROJECT No.4987 p' 3
···2-
Donor~ may d>?duct ton'tribt..d.ions to you-~~ prov:ided in =-.e-ttion. 170 of i.he
Cpde~ Bequests, l@gacies~ devis~s~ transfers, or gifts to you or for your use
.«te th?thtctiblB "il{)l" 1$'d~rzd est~te and qifi: ta~< purpos2s if thG~y meet ·the
~pplic~ble prov:is,ions oi Cocle- s&ci.ions 2055!f 2106~ and 2522 ..
Contributioo deduction·s -?.n? -:i\11m'.lab1.e t.o donors only tc t.n~ e..:tent.. ih-JJ.i.
their contribution~ are gifts, with no considerati9n reteived~ Tick~t pur-
[hasss and similar payments in conjunrtion with fundrai~ing_Rvents may not
necessarily qualify a~ dPductible ~ontributions, d~pendiog on the tircum-
-;:.i.~ncli'?-.s-~ See Rcve-nu~ Rulinq b7-2ti6, pub1ish~d if'J tumu1~tivJ.:T ·Bu11etin 1967""2,
on pag~ 104l whi·(h set~ forth guideline~ regarding th~ d~ductibility~ as cha~i
table contributicins~ of paym~nts made by taxpayers for admission to or other
participatiQn in fundrai£ing activi1ies for charity~
1n the h&ading o-f thin l;!tt.E:- t~H? li-?.'JS' indic.at~d v.ll1~th-.ar you ffiU$i. v~il~ FQrm
99{~~ Return of Drgard.1a·uOn E:t:~:;~mpt From Incom~ 1a~. If les .-i~ iodic-ai.E>d~ you
arv r~quired to file Form 990 only if your gvos~ rec~ipts each y~ar ar~
i'JOr'IIHdly mDr~: t~1fm ·$:2~~!lo0o,. ·However, if you rsoceiv~ .a Fonn 990 p.ackJ?..ge in the
mail, please fil& the return even if you do not exceed the gross l"etaipts tesi~
If you are not required to file~ simply ~ttach the label provided~ che~k the
box in th@ he~ding to indicat& thst your annual gra~s receipts ar~ normally
$25JOOO or less. and ~ign the re1urn~
If a return is required, it must_ be filed by ihe 15th d~y o1 the fifth
month -after th~ gn~ of y·our ar-n·; 1J~1 a~~o~~;ding perinci~ A :Jt?na1ly O'l.; $20 .i;<. cl~y
is charged when a return i i filed l~te, unless there is rea~on~ble cause for
the delay. HowRver, the ma~·imum p0nalty charg~d cannot eMcPed $10 1 000 or
5 perc<C=trt >;;f your gross re~:;;:;-ip·ts f,:~r "tht5:< y&-~r, Nhichever i-s 1~s:s1,. For
Q!~\FW:i7:.at1ons. w~~h gross r~teipts t?;q::•?eding '$1~0()0!10:00 in .£\ny y:;:•-e.ll', th"P- pen-Jtli.y
is $100 per day pe~ r~turn, unle5s iher~ is rea5onabla Eause for the delay.
l"h,:,. m.~:xim1,om peil.aliy ·for an orgi;nii.at:ior; ~,1:i.th gross rec-eipt$ $':.q:E'g;ding
·~·l!fOOO~O_OO 5halJ Dot e.'ltt?ed $50,000~ This peru~l'if m~y ~1-so tH? ch.td"'geG ii· a.
return is not romple~~~ so be sur@ your return is completw b~fore you fil~.it.
You are requir~d to m3ke your annu~l return availab~g for public
inspection for three years Aftwr the return is du~~ YoY are also r~quir~d
to make available a ~opy of your e~wmption application, any su?porling
dntuf!!~ni·~'t .and "thi5 e;;e~rrption lett.$:'rw fz,i1urJ? to m.aJ1.E' fhe>s~ dQCUflHmts
availab}~ for public inspection may subject you to a p~n~lty of S20 p&r day
for ~.:o.ch di<.f ·the!''(:' :::.~ a fa:i}nr-t• "to cDrrtp}y (up: to £1 ffii:timum of ·$10:.-0:00 ~-.i1 "the
c~$e of an annual re{urn)~
,1·f~ not. r~q:,:.i red t6 file fQde t"~.l f.iH::Oil~~ t<li :< r~ b.-ti~ns i..tn 1es~. you. J..r~
Yott
~ubject to the t&x on unrelated bu~iness income under ~Ection 511 of the Code.
If you ~~e subiect to this t&K, you must f~le ~n incc=e tax return on Form
990--T, Exempt Organization Business Incnme Tax Return. In this letter we are
net d.et:?nrd.r.inq wha~:h~~-- ~.ny o·( fOlJ.r ~(,.-;=s.e!it ·o~:- pn:t::•;::i·;~d .~cU.vi'i'.i~<:z. .zn.. l? ;,:rd·-8:-·-
lat~d tracte or business as defined in sectLan 513 of th~ Coda~
APr. 5. 2005 I I :26AM MUSK COMM HEALTH PROJECT No.4987 p' 4
~:USKEGON COI"IMU1\\1JY HfAL TH PHflJ'EC"f
Yo'~t n&ed ~n erof.Jloy~r identific::.ation numb$l" 8'.J8n 11 you hiW$ n'o employe-es»
If an employer identi1ication number was not entered on your applicationJ a
fP.:mber w:i 11 bS> .as-si9n~?d tv J!Pli ~od )'OlJ. J,!Ji 21 be .advi>Jwd o1~ ;it~ Plt-~s~? Li.SW tha-t
number on all r~turns you iil~ and in all torr~spcndence with the Internal
ReV!.??i'HHs< Servi te ..
tf we hctve indic~.ted in th~ he~ding of this letter th>ili: an -?.dcl'.?nfju-a~
rJ.pplies, the e-oclosed ~ctctend\..\IU is rlll int;;:::gri'l po;l',r-t of this l~d:,tel~.,
, B:~.H:tl;.,~ge this l~t.ti':H" CO!.:.lrl heLP res6lv~ U.~IY qw~stiofis ~hov.t /'OU.r el!:em~t
S t...)l. h..l'!t ...:tnd. fOU!'H:L:d: i Ctt'~ '5. ta.. tu S 1: (1-CI.i, s.hou ld keep it in ya.ur per\lla..i1e~ t r€~V:YdS.
If you h$-ve any qu:1-s:ticn-s~ pl:c~:t~e con.t..,::tct the per·:5on (~~hose r:af\i-9' and
telephone rw.mb,~w ~tre sbown in thB h~.;~.d ing qf this 1at t..er ~
Di~trict Directv~
No.49Sl P. I
MUSK COMM HEALTH PROJECT
-4-
Guidelines und~r which private fcund~tions may rely on this
d~termin~hon .• for gifts, gr<.n-ts, and contrioutions mad~ aitl?r N~r<h 13, 1989,
'""r" l:ibGrali,·.,d.~nd p•.•i>Jished in Nev. Prot. B':t-23, Cumu1;-tiv~? Blllls-Un 19139-1,
page 844.
"'~*~.q'V Charit3ble Gaming Division
7.'{/(-·./.. Box 30023. Lansing, lVII 48909
(:'<.~'.::. ·~ OVERNIGHT DELIVERY
:·' { ' _/ 101 E. Hillsdale, Lansing i-.1 148933
::::::::::::::: (517) 335-5780
LOTTERY www.michigan .gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.10 3(9))
2005-33(b)
At a _ _,B.,.e=.!gJ~ll.ua::LJr'-=-:::-::-=-===:-:------- meeting of the ----,::::C7:<i~to,Jy~Conuni~~·..,.s~s~i"='o~n~:-:::-::c-:-::::--
REGuLAR OR SPeCIAL TOWNSHIP, CITY, OR VILLAGE COUI-ICIL/BOARD
· n-'gt~o_n_ _ _ _ _ _ _ _ on _A_,p,_r_i_l_1-=-2"=,=-2_0_0__:5_ __
called to order by __Ma._:::y_o_r_W_anm.
__
DATE
at 5:30 p.m. a.m./p.m. the following resolution was offered:
TIME
Moved by _Conuni
_ _._s_s_i_o_n_e_r_Ga_wr_o_n___ and supported by --=Co=mnu=·:.=s:.=s-=i:.=oc:..:n::=e=r--=Car=-=t::=e=r_ __
that the request from Muskegon Community Health of Muskegon
NAME OF ORGANIZATION CITY
Project
county of -~M-=u-=s_k-=e-=-g-=o.:...:n_ _ _ _ _ _ _ _ _ _ _ , asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for __A-=p-=p_r,-o__v._a.,.l,...-,-:-=:::-:-:-c.,-----
APPRovALJDisAPPRovAL
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
_c_1_·t-=.y'=-:Cormni=-==·:-::s-:::-s:-:::io.,..n=::-::-:-::-=:-:=-=-==---- at a ---=-R:..=e:..J.gu-==:la"='r:::.,..,....,=:-::-::::-::-:-----
200L .
ad opted by the
ToWNsHrP. CITY. OR VILLAGE COUNCIUBOARD REGULAR OR SPECIAL
meeting held on April 12,
~ Q, '~
0
SIGNED: ~
TOV,NSHIP, CITY, OR AGE CLERI<
Gail A. Kundinger, MMC, City Clerk
PRINTED NAME AND TITLE
933 Terrace, Muskegon, MI 49440
,A.QCJRESS
COMPLETIOI~ . Required
PENAllY Possible denra~ or application.
BSL-CG-1153(R7/02)
Commission Meeting Date: March 252 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..JJ.._
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to clarity the definition for "Setback, Front".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff reconunends amendment of the Zoning Ordinance to clarity the definition for "Setback,
Front".
COMMITTEE RECOMMENDATION:
The Planning Conunission reconunended approval of the amendment at their 3/10 meeting. The
vote was unanimous in favor ofthe amendment, with B. Turnquist and S. Warmington absent.
3/14/2005
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 10, 2005
Hearing, Case 2005-13- Staff initiated request to amend Article II (Defmitious) of the Zoning
Ordinance to clarify definition for "Setback, Front".
BACKGROUND
A legal lot must have frontage on either a public street or private road. Since the definition for Lot
Frontage is "The unbroken length of the front lot line which is contiguous to a public street or private
road", staff feels that in order to stay consistent, the "Setback, Front" definition should contain the
same language.
NEW LANGUAGE
Deletions are erossed out and additions are in bold.
Setback, Front: Minimum unoccupied distance, extending the full lot width, between the
principal building and any lot line abutting a public street or private road.
DELIBERATION
I move that the amendment to Article II (Definitions) of the Zoning Ordinance to clarif'y the definition
for "Setback, Front", be recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2147
An ordinance to amend Article II (Definitions) of the Zoning Ordinance to clarify
definition for "Setback, Front".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) is hereby amended to clarify the definition of"Setback, Front":
Setback, Front: Minimum unoccupied distance, extending the full lot width, between the
principal building and any lot line abutting a public street or private road.
This ordinance adopted:
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
Adoption Date: April12, 2005
Effective Date: April29, 2005
First Reading: March 22, 2005
Second Reading: April12, 2005
CITY OF MUSKEGON
By: ~OL
Gail A. Kundinger, MMC, Ci~ Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of
an ordinance adopted by the City Commission of the City of Muskegon, at a regular
meeting of the City Commission on the lih day of April, 2005, at which meeting a
quorum was present and remained throughout, and that the original of said ordinance is
on file in the records of the City of Muskegon. I further certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will
be or have been made available as required thereby.
DATED: April12, 2005
Gail A. Kundinger, MMC
Clerk, City ofMuskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 12, 2005, the City Commission of the City of Muskegon
adopted an ordinance to amend Article II (Definitions) of the Zoning Ordinance to clarify
the definition for "Setback, Front".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published: April 19, 2005.
CITY OF MUSKEGON
By __~~~~~--~~~----
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: March 252 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c__f6C_-
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to add a definition for "Informational Sign".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add a definition for "Informatioinal
Sign".
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 3/10 meeting. The
vote was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
3/1412005
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 10, 2005
Hearing, Case 2005-12- Staff initiated request to amend Article II (Definitions) of the Zoning
Ordinance to add a definition for "Informational Sign".
BACKGROUND
In order to differentiate between types of signs, we need to add a definition for "Informational Sign"
to our "Definitions" section of the ordinance. Staff feels the following definition most accurately
describes and informational sign.
NEW LANGUAGE
Informational Sign: A single or double-faced sign not exceeding six (6) square feet in surface
area, intended primarily for the convenience of the public or to ensure the orderly operation of
the site, including but not limited to signs designating restrooms, address numbers, hours of
operations, public telephone, and instructions regarding parking.
DELIBERATION
I move that the amendment to Article II (Definitions) of the Zoning Ordinance to add a definition for
"Informational Sign" be recommended to the City Commission for (approval/denial).
City of Muskegon Planning Commission- 7/15/04
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2148
An ordinance to amend Article II (Definitions) of the Zoning Ordinance to add a definition for
"Informational Sign".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) is hereby amended to include the following definitions for "Informational
Sign":
Informational Sign: A single or double-faced sign not exceeding six (6) square feet in
surface area, intended primarily for the convenience of the public or to ensure the
orderly operation of the site, including but not limited to signs designating restrooms,
address numbers, hours of operations, public telephone, and instructions regarding
parking.
This ordinance adopted:
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
Adoption Date: April 12, 2005
Effective Date: April29, 2005
First Reading: March 22, 2005
Second Reading: Apri112, 2005
Gail A. Kundinger, MMC, Ci
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certifY that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
12°1 day of April, 2005, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certifY that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DATED: April12, 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of fmal adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that onApril12, 2005, the City Commission of the City ofMuskegon adopted an
ordinance to amend Article II (Definitions) of the Zoning Ordinance to add a definition for
"Inf01mational Sign".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published: April19, 2005
CITY OF MUSKEGON
By __~~~~~~~~----
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: March 22, 2005
Date: March 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~c._
RE: Zoning Ordinance Amendment to the Sign Ordinance for Campus
Signage
SUMMARY OF REQUEST:
Request to amend Section 2334 (1 0.) of Article XXI11 (General Provisions) to amend the sign
ordinance language regarding campus signage.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance language
regarding campus signage.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 3/10 meeting. The vote
was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 10, 2005
Hearing, Case 2005-11 -Staff initiated request to amend Section 2334 of Article XXIII (General
Provisions) of the Zoning Ordinance to amend the sign ordinance language regarding campus
signage.
BACKGROUND
The campus language was recently put to the test with a rather complicated request from Hackley
Hospital to update their signage arouud their campus. Staff at that time noticed certain things that
needed to be clarified or added to the ordinance. For example, staff noticed that informational and
directional signs were not addressed in the campus language, but are a very important aspect of most
campus signage plans.
NEW LANGUAGE
Deletions are erossed out and additions are bold.
10. Campus Signage:
a. Scope: Signs shall pertain exclusively to the business(es) carried on within the
campus area. These regulations shall apply to any campus situation in any zoning
district.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be
permitted.
c. Number: One (1) monument or pole sign is permitted per campus, to be located in a
prominent location such as the intersection of two major road frontages or near a
main campus building(but not at a drive entrance) on the campus property in order
to identif'y the major point of presence for the campus in aeeerdanee vri!h Table II .. In
addition, one (1) monument or pole sign is permitted per entrance/exit te on the
campus proper net to eJleeed thirty two (32) sqt~are feet. In addition, one (I) campus
"map" sign is permitted per parking area of ten thousand (10,000) square feet or
more, interior to the campus itself, net to eJmeed t\venty feHF (24) sqt~are feet. One
(1) free-standing sign is permitted per building located on the campus for
identification purposes only.
d. Wall, Awning or Braguet Bracket Signs, Size: Signs shall not exceed ten (10)
percent of the surface area of the commercial portion of the front building face for
any building located on the campus and may be placed on any wall. If a free-
standing building identification sign is to be used for a particular building, the size of
such sign will be subtracted from the total amount of wall signage allowed for the
building.
2
e. Wall, Awning or Bfllf!l!et Bracket Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roof line or
cornice. No wall sign shall interrupt or conceal the architectural details of a building.
A sign attached to a mansard shall be considered a wall sign.
f. Changeable copy or electronic message boards: Shall be permitted provided:
1) One changeable or electronic message board shall be permitted per campus.
2) Changeable copy boards shall be part of a fixed, permanent sign
and shall have rigid letters.
3) Electronic message boards shall be dimmed at dusk.
4) Electronic message board supports shall be at least seventy-five (75) feet from any
residential use.
g. Free-standing signs:
1) Setback: The leading edge of the sign must be out of the public right-of-way.
Signs must be a minimum of 10 feet from a neighboring sign.
2) Ground clearance: Ground clearance shall accommodate clear vision needs of
the site.
3) Area and Height: Signs identifYing the majer peint efpresellee efthe earsp\!s
may net be larger tha11 ferty eight square feet (48) and ml!st bene higher than
fifteell (15) squllfe feet. Free sta!!ding signs leeated at earspus entranee 'Nays
and earspus map signs may net be larger than tlllity twe (32) square feet, and
ffi\!St be ne higher than fifteell (15) feet. Free standing building identifieatien
signs may net be larger than fifteell (15) Squllfe feet and ffil!St be greund
meunted, meffillllent signs enly.
i. Signs identifying the major point of presence of the campus shall
be in accordance with Table II.
ii. Free-standing signs located at campus entrances and exits may
not be larger than thirty-two (32) square feet, and must be no
higher than fifteen (15) feet
iii. Map signs may not be larger than twenty four (24) square feet,
and must be no higher than six (6) feet
iv. Free-standing building identification signs may not be larger than
fifteen (15) square feet, no higher than six (6) feet, and must be
ground-mounted, monument signs only.
h. Informational and Directional Signs.
1) No permits shall be required for informational m· directional signs having
a maximum area of six (6) square feet
3
DELIBERATION
I move that the amendment to Section 2334 (1 0) of Article XXIII (General Provisions) for Campus
Signage be recommended to the City Commission for (approval/denial).
4
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 2149
An ordinance to amend Section 2334 (10.) of Article XXIII (General Provisions) of the Zoning
Ordinance to amend the sign ordinance language regarding campus signage.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (10.) of Article XXIII (General Provisions) is hereby amended to regarding the sign
ordinance campus signage:
10. Campus Signage:
a. Scope: Signs shall pertain exclusively to the business(es) carried on within the
campus area. These regulations shall apply to any campus situation in any zoning
district.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be
permitted.
c. Number: One (I) monument or pole sign is permitted per campus, to be located in a
prominent location such as the intersection of two major road frontages or near a
main campus building(but not at a drive entrance) on the campus property in order
to identify the major point of presence for the campus. In addition, one (1) monument
or pole sign is permitted per entrance/exit on the campus proper. In addition, one (1)
campus "map" sign is permitted per parking area often thousand (10,000) square feet
or more, interior to the campus itself. One (1) free-standing sign is permitted per
building located on the campus for identification purposes only.
d. Wall, Awning or Bracket Signs, Size: Signs shall not exceed ten (10) percent of the
surface area of the commercial portion of the front building face for any building
located on the campus and may be placed on any wall. If a free-standing building
identification sign is to be used for a particular building, the size of such sign will be
subtracted from the total amount of wall signage allowed for the building.
e. Wall, Awning or Bracket Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roof line or
cornice. No wall sign shall interrupt or conceal the architectural details of a building.
A sign attached to a mansard shall be considered a wall sign.
£ Changeable copy or electronic message boards: Shall be permitted provided:
1) One changeable or electronic message board shall be permitted per campus.
2) Changeable copy boards shall be part of a fixed, permanent sign
and shall have rigid letters.
3) Electronic message boards shall be dimmed at dusk.
4) Electronic message board supports shall be at least seventy-five (75) feet from any
residential use.
g. Free-standing signs:
1) Setback: The leading edge of the sign must be out of the public tight-of-way.
Signs must be a minimum of 10 feet from a neighboring sign.
2) Ground clearance: Ground clearance shall accommodate clear vision needs of the
site.
3) Area and Height:
1. Signs identifYing the major point of presence of the campus shall be in
accordance with Table ll.
ii. Free-standing signs located at campus entrances and exits may not be
larger than thirty-two (32) square feet, and must be no higher than fifteen
(15) feet.
iii. Map signs may not be larger than twenty four (24) square feet, and must
be no higher than six (6) feet.
iv. Free-standing building identification signs may not be larger than fifteen
(15) square feet, no higher than six (6) feet, and must be ground-mounted,
monument signs only.
h. Informational and Directional Signs.
1) No permits shall be required for informational or directional signs having a
maximum area of six (6) square feet.
This ordinance adopted:
Ayes: Davis, Gawron, Larson, shepherd, Spataro, Warmington, and Carter
Nays: None
Adoption Date: April 12, 2005
Effective Date: April29, 2005
First Reading: March 22, 2005
Second Reading: April12, 2005
CERTIFICATE
The W1dersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
12111 day of April, 2005, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DATED: April12, 2005.
~o . Lr ·
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April12, 2005, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2334 (1 0.) of Article XXIII (General Provisions) to amend the sign
ordinance language regarding campus signage.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published: April19, 2005
CITY OF MUSKEGON
By __~~-=~~~~=------
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: March 22, 2005
Date: March 141 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..vb G
RE: Rezoning request for properties located at 7041 714, 724,
and 734 E. Apple Avenue
SUMMARY OF REQUEST:
Request to rezone properties located at 704, 714, 724, and 734 E. Apple Avenue, from R-1,
Single Family Residential to B-2, Convenience & Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval ofthe request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 3/10 meeting. The
vote was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2150
An ordinance to amend the zoning map of the City to provide for a zone change for certain
property from R-1 "Single Family Residential" to B-2 "Convenience & Comparison
Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from R-1 "Single Family Residential" to B-2 "Convenience and
Comparison Business" :
CITY OF MUSKEGON REVISED PLAN OF 1903 E 58FT LOT 14, LOT 15, 16, 17 & 18
BLK60
This ordinance adopted:
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
Adoption Date: April 12, 2005
Effective Date: April 30, 2005
First Reading: March 22, 2005
Second Reading: April 12, 2005
CERTIFICATE (Rezoning of704, 714,724 & 734 E. Apple Avenue R- 1 to B-2)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the l21h day of April, 2005, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: April 12, 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 12, 2005, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from R-1 "Single Family Residential" to B-2,
"Convenience and Comparison Business":
CITY OF MUSKEGON REVISED PLAN OF 1903 E 58FT LOT 14, LOT 15, 16, 17
& 18 BLK60
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office
of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during
regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ~D / olO ,2005 CITY OF MUSKEGON
By ____~-------------------
Gai1 A. Kundinger, MMC
City Clerk
.
-~·
City of Muskegon
Planning Commission
Case# 2005·10 .
•oo •oo eoo fe..t
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 10,2005
Hearing; Case 2005-10: Requestto rezone the property located at 704,714,724 and 734 E.
Apple Avenue from R-1, Single Family Residential to B-2, Convenience and Comparison
Business, by Brenda Bouwman, State Farm Insurance and City Planning Department staff.
BACKGROUND
Applicant: Brenda Bouwman, State Farm Insurance, 704 E. Apple Avenue, Muskegon, and
City Planning Department staff.
Property Address/Location: 704, 714, 724, and 734 E. Apple Avenue
Request: Rezone from R-1, Single Family Residential to B-2, Convenience and
Comparison Business
Present Land Use: Commercial and Residential
Zoning: R-1, Single Family Residential
STAFF OBSERVATIONS
1. The subject properties at 704 and 714 E. Apple Avenue are presently occupied by State
Farm Insurance, and a chiropractor's office. The properties at 724 and 734 E. Apple
Avenue are single family rental units.
2. The property is surrounded by other commercially and residentially zoned properties.
The property to the East and Southeast are zoned B-4, and the properties to the north,
southwest and south, are zoned R-1. There is a commercial use (restaurant) located
across the street at 701 E. Apple, in an R-1 district.
3. The State Farm Insurance agency located at 704 E. Apple previously operated out of a
home that was located on the same site. At some point in the late 1990's, previous City
staff allowed the new office building to be constructed and the house to be demolished
without changing the zoning on the property.
4. The property owner would like to expand the building, but since they are a
nonconforming use, it isn't allowed within the R-1 zone.
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5. Since the building was built as a commercial structure in the late 1990's, no other use of
it is foreseen.
6. Since the adjacent property at 714 E. Apple has also reverted to a commercial use, and
commercial uses continue to be in demand on the Apple Avenue corridor, staff suggested
a rezoning of the strip of properties to B-2 to accommodate those uses. The B-2 zone
would also act as a buffer between the more intense B-4 zoning and the remaining R-1
zoned properties located on Apple Avenue.
7. Staff has received no comments regarding this request.
ORDINANCE EXCERPTS
ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage 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, churches, and
certain public facilities which serve residents of the district. 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 urbanized communities, and the standards in Section
2100 reflect residential development standards that the citizens of Muskegon find to be
compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one or more of the following
specified uses, unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
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f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at
a time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in the
dwelling and only members of the immediate family residing on the
premises may be employed.
ii) The business shall have a local business license and any other
appropriate licensing or registrations required by local, state or federal
law.
iii) No equipment or process shall be used in home occupations which
creates noise, vibration, glare, fumes, odor, or electrical interference
detectable to the normal senses of persons off the lot. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference with any radio or television
receivers off the premises or causes fluctuations in the line voltage off
the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be
used in compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence
of the conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers
where employees come to the site and are dispatched to other
locations.
viii) All activity must be conducted within a preexisting structure. The
home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that signage
allowed for home occupations under the sign requirements of this
ordinance. [amended 11/00]
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x) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of
the family, and the occupation shall not exceed twenty-five (25)
percent of the principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of
commercial vehicles for delivery of materials to and from the
premises. There shall be no commercial vehicles associated with the
home occupation, nor parking of more than one (1) business car,
pickup truck or small van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large
equipment
(2) A service or manufacturing process which would normally require
industrial zoning
(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home,
motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.
2. 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
11102]
3. Accessory buildings and accessory uses customarily incidental to any of the
above Principal Uses Permitted.
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4. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED [amended 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 Planning Commission, after Public Hearing, subject to
the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
I. Private recreational areas, and institutional recreational centers when not operated
for profit, and nonprofit swimming pool clubs, all subject to the following
conditions: [amended 2/02]
a. In those instances where the proposed site is not to be situated on a
lot or lots of record, the proposed site shall have one property line
abutting a major thoroughfare and the site shall be so planned as to
provide ingress and egress directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide,
except on those sides adjacent to nomesidential districts, and shall
be landscaped in trees, shrubs, grass, and tenace areas. All such
landscaping shall be maintained in a healthy condition. There shall
be no parking or structures permitted in these yards, except for
required entrance drives and those walls and/or fences used to
obscure the use from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or
fourteen (14) feet in height.
d. Whenever a swimming pool is constructed under this Ordinance,
said pool area shall be provided with a protective fence six (6) feet
in height, and entry shall be protected by means of a controlled
gate or turnstile.
e. The off-street parking and general site layout and its relationship to
all adjacent lot lines shall be reviewed by the Planning
Commission who may impose reasonable restrictions or
requirements so as to insure that contiguous residential areas will
be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and
private, offering courses in general, technical, or religious education not operated
for profit, all subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at
least five (5) acres in area.
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b. All ingress to and egress from said site shall be directly onto a
major thoroughfare.
c. No building other than a structure for residential purposes shall be
closer than seventy-five (75) feet to any property line.
3. Churches and other facilities normally incidental thereto subject to the
following conditions:
a. The site shall be so located as to provide for ingress and egress
from said site directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting
properties zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section
2100, may be allowed provided front, side, and rear yards are
increased above the minimum requirements by one (1) foot for
each foot of building that exceeds the maximum height allowed.
4. Elementary, intermediate, and/or secondary schools offering courses in
general education, provided such uses are set back thirty (30) feet from
any lot 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 Permit for the
following [amended 12/99]:
a. Retail and/or service establislnnents meeting the intent of the
neighborhood Limited Business Zone (B-1) dealing directly with
consumers including:
1) Any generally recognized retail business which supplies
new commodities on the premises for persons residing in
adjacent residential areas such as: groceries, meats, dairy
products, baked goods or other foods, drugs, drygoods, and
notions or hardware.
2) Any personal service establislnnent which performs
services on the premises for persons residing in adjacent
residential areas, such as: shoe repair, drop-off dry
cleaning shops, tailor shops, beauty parlors, barber shops,
dressmaker, tailor, pharmacist, or an establislnnent doing
radio, television, or home appliance repair, and similar
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residential areas, such as: shoe repair, drop-off dry
cleaning shops, tailor shops, beauty parlors, barber shops,
dressmaker, tailor, pharmacist, or an establishment doing
radio, television, or home appliance repair, and similar
establishments that require a retail character no more
objectionable than the aforementioned, subject to the
provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing
of goods.
3) Professional offices of doctors, lawyers, dentists,
chiropractors, osteopaths, architects, engmeers,
accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or
drive-through restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or
service of motor vehicles and other large equipment;
manufacturing processes which would normally require industrial
zoning; any activity which may become a nuisance due to noise,
unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed
2,500 square feet.
3) All goods produced on the premises shall be sold at
retail on the premises where produced.
4) All business, servicing, or processing shall be
conducted within a completely enclosed building, or
in an area specifically approved by the Planning
Commission.
5) Parking shall be accommodated on site or with
limited street parking.
6) Hours of operation may be limited by the Planning
Conunission.
7) Signs must comply with those set forth for the
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 11
residential zoning district.
8) The Planning Commission may allow a use to sell
alcohol, however the Commission may limit the
type of license applied for or obtained for the sale of
alcohol to an SDM, hours of operation, and any
other restrictions intended to stabilize, protect, and
encourage the residential character of the area. The
use must gain approval from the Michigan Liquor
Control Commission before alcohol can be or sold.
7. Accessory buildings and accessory uses customarily incidental to any of
the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED] [amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
Planned unit developments (PUDs) may be allowed by the Planning Commission
under the procedural guidelines of Section 210 I. The intent of Planned Unit
Developments in the single family residential district is to allow for flexibility in
the design 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 services;
provide recreational opportunities; and protect important natural features from the
adverse impacts of development.
I. Determination: The Planning Commission, in reviewing and approving a
proposed PUD may allow lots within the PUD to be reduced in area and
width and setbacks below the minimum normally required by this
ordinance in return for common open space where it is determined that the
benefits of the cluster approach will decrease development costs, increase
recreational opportunities, or prevent the loss of natural features. The
Planning Commission, in its determination, shall consider the densities
permitted in the Zoning Ordinance and, if applicable, the land's capability
to bear the higher density.
2. Basic Requirements:
a. The net residential acreage including improvements and occupied
land shall be calculated by taking the total area of the tract and
subtracting, in order, the following:
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drainage or subsoil conditions such as, but not limited to;
slopes greater than 15%; organic, poorly drained soils, and
wetlands.
3) Portions of the parcel(s) covered by surface waters.
4) Portions of the tract utilized for storm water
management facilities.
b. Undevelopable areas may be used for common open and
recreational areas.
c. No building shall be sited on slopes steeper than 15%, within 100
feet of any ordinary high water mark, wetland, or on soil classified
as being very poorly drained.
3. Density determination: To determine the maximum number of dwelling units
permitted on the parcel(s) of land, the net residential acreage shall be divided
by the minimum lot size required by the zoning ordinance.
4. Open space requirement: At least 15% of the site shall be set aside as
dedicated common open space. At least one third (113) of the common open
space shall be usable open space. The open space and access to it shall be
permanently marked and designed so individuals in the development are not
forced to trespass to reach such recreational or common open spaces.
5. Spacing: The distance between buildings shall not be less than 10 feet and
front setbacks shall not be less than 10 feet. In no case shall an individual
dwelling lot be less than 4,000 square feet.
6. Waterfront: Where a cluster development abuts a body of water, at least 50%
of the shoreline, as well as reasonable access to it, shall be a part of the
common open space land.
7. Utility of common open space: Common open space in any one residential
cluster shall be laid out, to the maximum extent feasible, to connect with other
open space existing or proposed.
8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).
9. Bonus units: Where the developer provides additional open space or amenities
within the development, additional density may be granted. A maximum of a
10% unit bonus may be granted to the development for additional amenities such
as: public trail easements, additional open space, additional common waterfront
area, and additional landscaping.
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SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 6,000 sq. feet
2. Density (see definition in Article II): 7 dwelling units per buildable
acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%
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 lot(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 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).
7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal structures on minor
streets may align with existing principal structures in the immediate area
even if the front setback is below the minimum required.
8. Rear setback: 30 feet
9. Setback fi·om the ordinary high water mark or wetland: 30 feet
(principal structures only).
10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
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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]
11. Zero lot line option: New principal buildings may be erected on the
rear lot line and/or one side lot line provided: [amended I 0/02]
a. The building has an approved fire rating for zero-lot line
development under the building code.
b. The building has adequate fire access preserved pursuant to fire
code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property
owner and recorded with the County Register of Deeds and
provided to the zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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B-2 Convenience and Comparison Business
ARTICLE XI- B-2 CONVENIENCE AND COMPARISON BUSINESS
DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the
convenience and community shopping needs of residents in the Muskegon Area,
and they are intended to be located in planned groups near the intersection of
major thoroughfares. All business establishments shall be retail or service
establishments dealing directly with consumers, and all goods produced on the
premises shall be sold at retail on the premises where produced. All business,
servicing or processing, except off-street parking or loading, shall be conducted
within a completely enclosed building, unless otherwise provided by this
Ordinance and specifically approved by the City.
SECTION II 00: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business 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:
I. Any generally recognized retail business which supplies commodities such
as: groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops,
tailor shops, beauty parlors, barber shops, banks and savings and loan
offices, pharmacist and laboratories, or any service establishment of an
office-showroom or workshop nature of an electrician, decorator,
dressmaker, tailor, shoemaker, baker, printer, upholsterer, appliance
repair, photographic reproduction, and similar establishments that require
a retail character no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects,
engineers, accountants, and similar or allied professions. Offices may be
permitted for similar or allied professions. Offices may be permitted for
applied technology, light technological research, research and
development facilities with laboratories, but no industrially oriented
production facilities shall be permitted.
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5. Office buildings for any of the following types of occupations: executive,
administrative and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
8. Private clubs, lodge halls, social, and similar organizations, including
assembly or rental halls.
9. Contractor's offices, with associated indoor storage. [amended 6/02]
a. All associated storage must be contained within a structure, and
such structure dedicated to storage shall not exceed five thousand
(5,000) square feet in size.
b. No toxic, hazardous or noxious materials shall be stored on the
site.
10. Recording studios. [amended 8/02]
11. Residential uses as part of a building in this business zone shall be allowed
upon issuance of a Certificate of Occupancy from the Department of
Inspections, but provided that the minimum lot area requirements of the
RM-2 District are met.
12. Accessory buildings and accessory uses customarily incidental to the
above Principal Uses Permitted.
13. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
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 Planning Commission, after Public Hearing,
subject to the applicable conditions, and any other reasonable conditions imposed
by the Planning Commission. A site plan shall not be required when no external
changes are made to the buildings or properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune
up, not including major repair such as engine rebuilding, undercoating,
and similar industrially oriented activities, and subject further to the
following:
S:\Pianning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 17
a. The curb cuts for ingress and egress to a service station shall not be
permitted at such locations that will tend to create traffic hazards in
the streets immediately adjacent thereto. Entrances shall be no less
than twenty-five (25) feet from a street intersection (measured
from the roadway) or from adjacent residential property, and
subject to other ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet,
and so arranged that ample space is available for motor vehicles
which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a
residential district, a four foot (4') completely obscuring wall or
fence. The height of the wall or fence shall be measured from the
surface ofthe ground.
d. All lighting shall be shielded from adjacent residential districts and
from abutting streets.
e. All rest rooms doors shall be shielded from adjoining residential
property.
2. Banks with drive-in facilities, when said drive-in facilities are incidental to
the principal function.
3. Business in the character of a drive-in restaurant, or open front store,
subject to the following:
a. A setback of at least sixty (60) feet shall be provided from the
street right-of-way line of any existing or proposed major
thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet
from the intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the
following conditions:
a. The site shall be so located as to provide for ingress and egress
from said site directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting
properties zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section
2100 may be allowed provided front, side, and rear yards are
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 18
increased above the minimum requirements by one (1) foot for
each foot of buildings that exceeds the maximum height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental
thereto subject to the following conditions:
a. The maximum length of stay at the facility shall not be
greater than fourteen (14) consecutive days.
b. Kitchen facilities may be allowed for some or all of the
guest units, at the discretion of the Planning Commission, provided
that not more than fifty percent (50%) of the units have such
facilities.
c. The minimum floor area of each guest unit shall contain not
less than two-hundred (200) square feet. Each guest unit shall
contain a private rest room.
d. The minimum lot area shall be one-half (112) acre with a
minimum width of seventy-five (75) feet. For any new
development containing less than one (1) acre there shall be at
least sixteen hundred (1600) square feet of lot for each guest rental
unit. In no case is a development to exceed 24 total units.
e. Parking shall be provided on-site.
f. The Planning Commission may require a common open
space area of one hundred (100) square feet per unit with tables
and seating. This area may be located in the required setback.
6. Stores selling second hand merchandise, subject to the following:
[amended 12/01]
a. The site shall be located within or adjacent to an
established, identifiable commercial corridor.
b. The store will be associated with a bona fied charitable
organization, such as but not limited to 50l(c)3
organizations.
7. Business schools, or private schools operated for profit. Examples of
private schools permitted herein include, but are not limited to, the
following: dance schools, music and voice schools, and art studios:
[amended 5/02]
S:\Planning\COMMON\Zoning\City Commission Items\rezonc\Approve\2005 Approvals\704 E. Apple.doc 19
c. Parking is required to be provided on the same site as the building.
Shared parking will be allowed, if it is irrevocable, and if it will
not consume any parking needed for a separate use.
8. Contractor's offices, with associated indoor storage of over five thousand
(5,000) square feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the
site.
9. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the
Noise Ordinance enacted by the City of Muskegon. No music
(either live or piped) will be permitted outside the building.
b. The business will not be permitted to serve alcohol at any time to
any person.
c. The business will maintain security staff, both inside and outside
the building, at all times when open to customers. Loitering will
not be permitted on or around the site.
d. The business will not operate between the hours of 3 :00 a.m. and
8:00 a.m. No person of 16 years of age or younger will be
permitted within the business after midnight and must directly exit
the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and
will be checked for litter every day before opening.
f. Security lighting will be provided for the site.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Accessory buildings and accessory uses customarily incidental to any of
the above Special Land Uses Permitted.
12. Uses similar to the above Special Land Uses Permitted.
SECTION 1102: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments
S:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\704 E. Apple.doc 20
in the B-2 Convenience and Comparison Business Districts is to allow mixed land
uses which are compatible to each other, while prohibiting nonresidential uses
which would not be compatible or harmonious with residential dwellings.
SECTION II 03: AREA AND BULK REQUIREMENTS [amended 4/00]
I. Minimum lot size: I 0,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-
sac, then measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be
more than three (3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the
following street corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
Height measurement: 1n the case of a principal building, the vertical
distance measured from the average finished 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 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
S:\Planning\CQMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 21
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures on!y).
9. Side setbacks:
!-story: 8 feet and 12 feet
2-story: 10 feet and 14 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]
10. 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]
a. The building has an approved fire rating for zero-lot line
development under the building code.
b. The building has adequate fire access preserved pursuant to fire
code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property
owner and recorded with the County Register of Deeds and
provided to the zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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]
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approvc\2005 Approvals\704 E. Apple.doc 22
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 23
S:\Planning\COMMON\Zoning\City Commission Items\rczone\Approve\2005 Approvals\704 E. Apple.doc 24
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 25
RECOMMENDATION
The Master Plan suggests that the Apple Avenue corridor, specifically near the intersection of
Getty Street, will continue to experience increased demand for commercial uses, and would be
acceptable when using buffer zoning contiguous to residential areas.
As has been the practice in the past, Staff suggests that business zonings be confined to those
properties fronting on Apple Avenue, as well as other major corridors, thus protecting single
family homes located in the adjacent neighborhoods.
Staff recommends approval of the request, subject to any conditions offered below.
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 surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
S:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\704 E. Apple.doc 26
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located 704, 714, 724, & 734 E. Apple Avenue
from R-1, Single Family Residential to B-2, Convenience and Comparison Business district, as
described in the public notice, be recommended for (approval/denial) to the City Commission
pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack
of compliance) with the intent of the City Master Land Use Plan and zoning district intent.
S:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\704 E. Apple.doc 27
CITY COMMISSION MEETING
Tuesday Aprill2, 2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: March 28, 2005
SUBJECT: Procurement of Police Patrol Rifles
SUMMARY OF REQUEST:
The Muskegon Police Department current has in its possession two (2) Thompson and
four (4) Uzi machine guns. The department has been in possession of these weapons for
many years. While these weapons are of great interest to collectors, they are useless as to
our needs. At this same time, we are in need of replacing our current stock of patrol
shotguns and there are a number of reasons for doing so.
First, the shotguns are aging and require a great deal of care. Secondly, the shotgun is
heavy and can be difficult for many of us to handle. In this regard, I also have concerns
about the control of pellets or a slug when the shotgun is fired. Finally, our current
patrol-level tactical training calls for the use of a rifle. We are currently training patrol
officers in what is known as "Active Shooter" situations. Primarily designed to prepare
officers to respond to shooting incidents in schools or businesses, it calls for the use of an
accurate shoulder-fired weapon. The shotgun does not meet this need.
Realizing that we do not have the funds to purchase such weapons, our Firearms Training
Team has been talking with collectors and dealers. Some have offered to purchase the
machine guns while others have offered to us a variety of trades. Recently we were
contacted by Cinema Weaponry LLC of Glendale, California. This company provides
weapons for the movie industry. Cinema Weaponry has offered to trade to us twenty
new (20) Colt Law enforcement M4 semi-automatic carbines with accessories in return
for the six machine guns. They would also pay for the shipping costs. Our firearms team
had already settled on the M4 as the rifle of choice and has recommended to me that this
trade would meet our needs. The purchase price of an M4 is approximately $950.
Therefore, this trade would result in a savings to us of $19,000 if we were to have to
purchase these rifles.
We have been in contact with the Bureau of Alcohol, Tobacco and Firearms in regards to
this transaction. They have advised us that this trade is legal and will provide guidance
with the appropriate paperwork. I have also asked our City Attorney to review this
transaction and to assist us with the appropriate legal agreement.
To us during these tight budget times it makes sense to trade these weapons that we will
never be able to use for weapons that we can use. We ask for your consideration in
approving this trade.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Consideration of this request.
~ Jan 20 05 09:39a Stembridge ~ Cinema 818-246-3990 p.2
431 MAGNOLIA AVENUE
GLENDALE, CA 91204
(818) 246-4333 FAX (818) 246-3990
Federa.II.D. #9$·3978488
January 19, 2005
Sargeant Ray Barthelemy
Muskegon Police Department
Post Office Box 536
Muskegon,~chigan 49443
Dear Sergeant Barthelemy:
Thank you for the opportunity to hid on your weapons. After reviewing the paperwork
we received today, we find the two Thompson machine guns are on a Form 10. They
will have to have their receivers torch-cut to ATF specification~, which is fine and good
with us. The (4) Uzis are also restricted-registration; for police agencies and Class 3
dealers only, not for sale to the general public.
What our company is offering to trade is: (20) Colt LE-6920 ll>" M4-style semi-auto law
enforcement carbines, each with 2 magazines, sling and cleaning kit for your (2)
Thompsons and (4) Uzis with ~II accessories as pictures in your photographs.
Shipping costs for the new equipment will be paid by Cinema Weaponry, LLC. All
goods from Cinema Weaponry; LLC will be delivered prior to the Muskegon Police
Department shipping its equipment to Cinema Weaponry, LLC.
Please let me know if this offer is acceptable to you. Please telephone with any qu!(_Stions
to (818) 246-4333 or my Cell (818) 254-7053. Thank you.
~1--
Michael Papac
MP:mg
Jun OS 05 ll:l5a HPD Chie~s Of~ice (231) 725-2043 p.2
.,JooS- 3J ( ; )
AcreeU~ent for Exdlange ofWeaponry
ThisAsreement forExdlanseofWeapcmryismade ~ /~. 2005,
between Cin- Weaponry, LLC, of431 Magnolia AveDUe; i, California
91204 ("Cinema Weaponry"), and the Musbpa Poliee Department, ofPO Box 536,
Musbgon, Midligan 49443 ("MPD"), with reference to the followiug fads:
A. Cinema Weaponry OWIIS 20 Colt LE-6920 16" M4-style seJDi..auto law
eof'oreemeat earbiDes, each with two magazines, sling. and cleaning kit (c:on.ctively
hereinafter referred to as "Cinema Weaponry's Weapons").
B. MPD owns two Thompson machine guns and four Uzia, together with all
the aa;easories s.bown in the pictures it previoualy provided CinOIIIB Weaponry
(collectively referred to a& "MPD's Weapomn.
C. Cinema Weaponry and MPD desire to excbange their respec:tive weapons
as desmbed in dlis ~ pur8WIIIt to the terms and c:onditions of this Asr-nent.
Them•re, tbe partie qree as follows:
1. Weapoo~ to be hebanged. CiDema Weaponry agrees to exebangc its 20
Colt LE-6920 16" M4-style semi-auto law enforcement carbines, each with two
magazines, sling. and cleaning kit, for MPD's two Thompson machine guns and !bur
Uzis, together with all the a<:eessories shown in the pictures MPD previously provided
Cioema Weaporuy.
2. Delivery ofWeapou. Cinema Weaponry shall first deliver Cinema
Weaponry's Weapons to MPD. Upon reoeipt of Cinema Weaponry's Weapons, MPD
sball deliver MPD's Weapons to Cinema Weaponry.
Cinema Weapomy shall pay for the ~Shipping of all weapons. Each party agrees to
comply with all federal and $late weaponry shipping requirement8.
3. Represntadomlaad Warraatiel ofCiaema Weapoory. Cinema
Weaponry represents and warrantll the following:
a. Cinema Weaponry is a registered dealer for the weapons it is
exchanging with MPD. Further, Cinema Weaponry bas the right to dispose of
those weapons being tru1sferred to City and the right to acquire those weapons it
will receive ftom City;
066E-91>Z-818 "SE'll SO ZZ unr
.Jun 06 05 ll:lSa
(231J 725-2043 p.a
b. Ci11ema Weapoory is io compliance with all federal and state
regulations, iodudinB any regulations ofthe Bureau of Alcohol, Tobacco ud
Firearms;
c. Cinema Weaponry .hat the full right to transfer the weapons it is
elCChaoains with MPD; and,
d. There are no judgments, liens. mortsases, plqes, claims. rights.
security interests, encumbrances, or any other advene iDterests of any kind or
nature againsc the Cinema Weaponry Weapons.
4. .Repraentatioalaad Warraaties oi'MPD. MPD represents and
warrants the fbllowiDg:
a. MPD has the full right to tJansfer tbe weapons it is exchanging
with MPD; and,
b. There are no judsments. liens. mortsases. pledps. daims. rigbts.
security interests. eacumbraaces. or any oCher adverse interests of any kind or
nature against the MPO Weapons.
S. Eadre Aarft..,.t This Apeemena sllall c:onJtitute the eotire asreement
between the parties. Ally prior understatiog or represenlation of any kind precediag the
date of this Aareement shall DOt be binding upon either party, except to the extent
expressly set fOrth in this Aafeement.
6. Modificadoa of A&neiMIIt AJJy modifiQtion ofthis Agreement or
additiooal obligation assumed by eitbes: party in colllleCtion with this Asfeement shall be
biDding only if evidenc:ed in writing siped by each party or an authorized repreeentative
of each party.
The parties have ligned this Agreement the date first above set forth.
ese:lt so 22 unr
Commission Meeting Date: April 12, 2005
Date: April 6, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services LJ · & ·
Department
RE: Approval of Resolution
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
submit it to the federal administration.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution
COMMITTEE RECOMMENDATION: To support the resolution
City of Muskegon Resolution
2005-33(h)
Opposing the Elimination of the Community Development Block Grant Program
(CDBG)
WHEREAS, the administration has proposed as part of its 2006 fiscal year budget, the
elimination of the Community Development Block Grant program. The CDBG program has
funded a myriad of housing programs, social services and economic development initiatives
since 1974 in this community.
WHEREAS, in the City of Muskegon and throughout the nation, thirty years of Community
Development Block Grant funding has developed a strong network of relationships between
local governments, residents and many non-profit agencies that provide services and help our
community in our community development and neighborhood revitalization efforts.
WHEREAS, the City of Muskegon recognizes all the participants whose hard work and devotion
to the neighborhoods and the low and moderate-income residents in our city help insure a better
quality of life for all Muskegon residents.
NOW THEREFORE, BE IT RESOLVED, that as the mayor of the City of Muskegon I, Steve
Warmington, and my fellow commissioners oppose the proposed elimination of the Community
and Development Block Grant Program.
BE IT FURTHER RESOLVED, that this community along with the other service providers in the
City of Muskegon hereby petition the U. S. Congress and Administration to recognize the
outstanding work being done locally and nationally by the CDBG program and its vital
importance to our community and throughout the country.
Adopted this 121h day of April, 2005
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and carter
Nays: None
CERTIFICATION
2005-33(h)
This resolution was adopted at a regular meeting of the City Commission, held on April
12,2005. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State ofMichigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, MMC
City Clerk
RESOLUTION NO. 2005-33(i)
CITY OF MUSKEGON
RESOLUTION TO SUPPORT ADDITIONAL MUNICIPAL SERVICE
COOPERATION THROUGHOUT MUSKEGON COUNTY.
WHEREAS, the City of Muskegon and several other municipalities cooperate to
provide services to its citizens throughout Muskegon County; and
WHEREAS, there is a continuous need for municipalities in Muskegon County to
cooperate in order to provide the most effective and cost-efficient
municipal services; and
WHEREAS, the City of Muskegon desires to continue to explore and implement
further efforts to cooperate with Muskegon County municipalities to
provide high quality municipal services.
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon hereby supports
further efforts of municipal cooperation in providing municipal services
including, but not limited to, functional consolidation and contracting for
services.
IN WITNESS WHEREOF, I hereunto set
my hand and cause the Seal of the City of
Muskegon to be affixed this 1z!h day of
April, 2005.
CITY OF MUSKEGON
POLICY REGARDING LOCAL PREFERENCE
PURCHASING/CONTRACTING
2005-34(j)
A. Purpose
To establish parameters in order for the City Commission to give local preference
consideration for City contracts and purchases.
B. Local Preference Policy
The City Commission may give local preference on purchases and contracts to
local businesses when the lowest local business bid/price is within 1% or less of
the lowest non-local bid. In cases where the total cost is expected to exceed $1
million, the City Commission will be consulted on whether local preference may
apply, prior to soliciting bids. Additionally, for the purposes of this policy,
"local" shall mean a business with a business location in the City of Muskegon.
Adopted: April12, 2005
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
Absent: None
Gail A. Kundinger, City Cl
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Ireland, Davis to Franklin
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Ireland, Davis to
Franklin, 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. 2005-35(a)
Resolution At First Hearing Creating Special Assessment District
For Ireland, Davis to Franklin
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 22, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 22, 2005, there were 56.41% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and Spataro and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 38.23% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on April12, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 ofthe Public Acts of 1976.
EXHIBIT A
IRELAND, DAVIS TO FRANKLIN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Ireland, Davis to Franklin
______________ ___,
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
,_
(/)
I FOREST
II AVE
I
I I
>-
-q: <: <:
d ~ 5l
I ,~ ~I I~
DALE AVE
I II II I
~I
Q
II LARCH
II AVE
I
I II II I
I II LAKETON AVE
II I
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Ireland Ave., Franklin St. to Davis St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE 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 liTH DAY OF MARCH 2 05.
o_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_d;
cR 7 -r;, DAY OF et / , 2005.
~ J _ tliu
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES if - ,;;.s-- 0 &,
ENGINEERING FEASIBILITY STUDY
For
Ireland, Davis to Franklin
The rehabilitation of Ireland between Davis & Franklin, see attached exhibit for location, was
initiated by the City as per the adopted the 2005 CJP. This section of road was identified by staff
due to its surface and subsurface conditions. The road surface has a lot of patches due to poor
drainage and utility work. As for the subsurface conditions, the existing watermain system has
required numerous calls for repairs to the services as well as the main itself. The age and type of
sub-surface soils (clay) have played a significant roll in the deterioration of both surface & sub-
service conditions. The proposed work consists of removal of the sub-base material (aggregate)
and saving the existing curbs, for the most part, unless replacement is necessary to enhance
drainage or to facilitate the construction of a sidewalk ramps. The proposed improvements
(Major-Rehabilitation) consist of following;
1. Complete removal of existing pavement, without removing curbs & gutters) and replace with
a new asphalt street section that would include new sub-base material.
2. replace water main and services
3. minor storm sewer work
4. minor sanitary sewer work
Completing this proposed project would address at least the following 2004-2005 goals;
1. Develop & Maintain City's infrastructure and facilities
2. Maintain & enhance the residential neighborhood of the City
3. Blight Fight
A memo from the Assessor's ot1ice, which addresses the appraisal and benefit information, is
attached.
The preliminary cost estimate for the work associated with paving is $121,000 with the length of
the project being approximately 1100 lineal feet (project length) or 1594.82 of assessable
footage. This translates into an estimated improvement cost of $76 per assessable foot. The
assessment figure will be at a cost not to exceed $29.00 per assessable foot as established in the
2005 Special Assessment Rates for this type of improvement
Similar to Pine Street, It is worth stating that the final assessment at the time of spreading the roll
(upon completion of the construction) is expected to be well below the $29 per foot due to the
newly enacted policy of not assessing more than 25% of the actual costs associated with the
project pavement. As you can see in the resolution, the percentage is well above the 25% limits
and therefore, upon completion and when spreading the roll comes up, I fully expect the per foot
cost to drop down the mid twenty dollars per assessable foot
MUSKEGON COUNTY
M c H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8 March 9, 2005
Douglas A. Bennett
Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
933 Terrace Street
Charles L. Buzzell
District 2
Muskegon, MI 49443
Mr. Al-Shatel:
James J. Derezinski
District 4 In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the major rehabilitation oflreland Avenue between Franklin Street
District 5 and Davis 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 March 9, 2005.
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 project. The amounts reflect the sum of the immediate estimated value enhancement
District 3
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 $29.00 for the above mentioned project area appears
District 1 reasonable in light of an analysis that indicates a possible enhancement of$31.25. The
conclusions are based upon the data presented within this limited analysis in restricted
format, and on supporting information in my files.
RECEIVED
Sincerely, Ci1Y OF MUSKEGON
0~ \:.K>:. c\ , (;:~,"' ·,!-, t~AR o9 2005.
l \ ENGINEERING DEPARTMENT
\_j
Vicki A Emery, CMAE 3
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
mcvr:IP.rl mwer
March 11, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on MARCH 22, 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.
March 11, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
IRELAND AVE .. FRANKLIN ST. TO DAVIS ST.
The proposed special assessment district will be located as follows:
All parcels abutting Ireland Ave. from Franklin St. to Davis St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 22, 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 $121 ,000.00 of which
approximately 38.227% ($46,249.78) 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 5:00P.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: MARCH 22, 2005
Project Title: IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
Project Description: MAJOR REHABILITATION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 52.3 Feet
Estimated Front Foot Cost: $29.00 per Foot
ESTIMATED TOTAL COST $1,516.70
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 501
LOT 10
& S 1/2 OF VAG ALLEY
ABUTTING SAID LOT
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
lAM 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
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:
IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
AND
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The specific locations of the special assessment districts and the properties proposed to be
assessed are:
All parcels abutting Ireland Ave. from Davis St. to Franklin St.
And
All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.
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 Depatiment during regular business hours- between
8:00A.M. and 5:00P.M. on weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON
CITY COMMISSION CHAMBERS ON MARCH 22, 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: March 12, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers
for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who
want to attend the meeting, upon twenty-four hours notice to the City. Contact:
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons}
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.. H-1600
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLDJNFORMATION
Name:---------------~ Birthdate:. ________Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: ________ Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List infonnation for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Narne Birth date Social Security # _ _-_ _-_ _
Narne Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
INCOME INFORMATH>N
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 velificd 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 information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
FOR OFFICE USE ONLY
APPROVED ( DENIED ( ) DATE _ _ _~ CENSUSTRACTNO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please sec reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
IRELAND AVE., FRANKLIN ST. TO DAVIS ST. H-1600
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have di fticulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
v' Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
v' Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
v' Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verify all application information. If current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient
documentation.
SPECIAL ASSESSMENT
' _, .' . .· .
-To have your vote count, please
/i
t6~~rdedto
date
.~ ''
-<·
';,
A•'"-::·:::::·'IXled
5'
importanfi~sue. ,2.7
'. },~)./'• . '
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
Return This Card By: MARCH 22, 2005
. IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
MAJOR REHABILITATION .
.... . wish to have your written vote included as part of the tabulation of votes forwarded to
Commissi.on Jorthe scheduled public hearing, please return this card by the date
icated above, To use thisresponse card please indicate whether you Oppose or Favor
~;S~>ecial assessment project, sign the form and' return it to the City Clerk's Office. To
this card by mail, simply fold on the dotted lines so the address on the reverse side is
Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
DO NOT SEND IN THIS FORM . YOUR VOTE COUNTS AS "IN FAVOR" OF
~ '•
1077.1RELAND AVE
-'(;•'•
24-205-508-0005~00
·. 53.8 · ··Feet
... _, ........... .
$29.00 per Foot
TOTAL,COST $1,560~20 r-...-:f"'"i'b::;GTVEo' . I'
t,lAR 1 ~ z:ln~ '
MUSKEGON
PLAT OF 1903 Clc ' Clerks Ofiic·, .J
508
1/2 VAC AOJ ALLEY
Your vote COUNTS!
vote either in favor or opposed to the Special Assessment Street Paving Project.
AM IN FAVOR D I AM OPPOSED ~
·1£C. · /) yp: tE: 'SF- CoOwner/Spouse -"::!~:.u...:~.....::.:.:...:_,l;;d:..:;;;..~
...,J::<! IJ--.. >/:=, .· . ,.· · .· · . ·· Signature
lo:/z·~·Cu.fo. Address ··.•.
you for taking the time to vote on this importantissue. u·:H '' ""'"'''""'
26
SPECIAL ASSESSMENT
HEARING RESPONSE CARQ
,...,,.,..,._COUNTS..AS' "IN FAVOR" OF PROJECT-To have yourvote count, please.
Return This Card By: MARCH 22, 2005. . ·
IRELAND AVE., FRANKLIN ST, TODAVI~ ST....
MAJOR REHABILI'TATION
,i .
.·.-1
·. I
have your Wri!tenvote Included as part of the tabulation of votes forwarded to
~rr•mi·~<:irm for the scheduled public hearing, please return this card by the date
.· .To use this response card please indicate whether you Oppose or Favor
· assessment project, sign the form and retumlt to the City Cler~·s Office. TeL
by mail, simply fold on the dotted lines so the address on the reverse side is
sure .to seal the formwith a small piece of tape or staple prior to mailing. IF.
, .... ,r,-r. SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF '· . ·.·. .
: '~ '
; . - -_::, .-'- ._.-. :, ., ·:1 .,, -,"
1092 • IRELAND
'
AVE'
.,,_ ·,_·'.t ;c,
'' i 24-;WS~502·0012~bo • · ·
... 53.7.8 · . . · Feet·
·,- '
. . ' ., -. : ·.,· '.· '-~ ' .
'$29.00 per ~O~t A::f:::;:. · , ,~0 ·. 'j.
TOTAL COST .· $1,559:62
JA/1i(! ;j [l'ii"i I
. Cil Clerks Offh c 7
., '.
· Your vote COUNTS!
either in favor or opposed to the Spe.cial Assessment Street Paving Project.
~AVOR [ ] .. .. . . .·IAMOPPOSED 8 ..
~"""'""l'--~-1-1-1-~~..._. CoOWner/Spouse ·:Aftt.t~. H~ 1414 _;,
Signatur~
Address~~
. 6
·for taking the time to vote on this important issue. · · Hoss"'""'""'''"'''''
t ': -
SPECIAL ASSESSMENT
. HEARING RESPONSE CARD . .
NO RESPONSE COUNTS AS ''IN FAVOR" OF PROJECT-To havE) your vote count, please
Return 'fbi~ C~rd By: MARCH 22, 2005
Project Title: IRE~AND AVE., FRANKLIN ST, TO DAVISST..
Project Description: MAJORREHABILITATION
INSTRUCTIONS
.If you Wish to helVe your written voteincluded as. part of the tabulation of vote~ forwarded to
the City Commission forthe schf;ldUied public hearing,.please return this card by the date····
indicated above.· To use this rE)sponse 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 S!Jre 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:
' ' - '-
.1 086 IRELAND AVE
. Parcel Numb~r 24-205c502-0013-00
':' ' '
Assess.able Frontage: · 53.78. Feet
' ry ,· ·, -~ -· •
.
·. Estim'ated Front Foot Cost: · $29.00 per Foot ~c"fiti:cE lv r::!Y--1·· .·
ESTIMATEDT,OTAL COST $1,559.62
~lAR 10.
Property Description
. CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 502
LOT 13
·Your vote.COUNTS!
. · Ple~se vote either in favoror opposed to the Spe~iaiAssessment Street PavingProject.
I AM IN FAVOR ~ . I AM OPPOSED. D
~
~~
Owner· CoOwner/Spouse
Signature _ _::: Signature ··l:;;i-·
Address . Address
Thank you for taking the time to vote on this important issue. ,.,... •• •·•· · 7
- '-,\:;
SPECIAL ASSESSMENT
HEARING RESPONSE_ CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 22, 2005
Project Title: IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
Project Description: MAJOR REHABILITATION
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 car<;l 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 b~ 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 m13iling. IF ·
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.· .!
·Assessment Information
Property Address: 11311RELANDAVE
Parcel Number. 24-205-509-0001-00
AsseSs<:lble Frontage: 52.2 Feet MAR J ~ I
Estimated Front Foot Cost: $29.00 per Foot City Clerks Otiic.: .
--·---· .J
ESTIMATED TOTAL COST $1,513.80
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 1 BLK 509
Your vote COUNTS!
Address \\3\ Address
Thank you for taking the time to vote on this important issue. ' • ,., ·. · ··' 21
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return T~is Card By: MARCH 22, 2005
Project Title:
Project Description: MAJOR REHABILITATION
INSTRUCTIONS
If you wish to have your written vote inclu~~~,~~~'part of the tabulation of votes forwarded to
the City Commission for the scheduled pul;ill(fbearing, 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: · 1078 IRELAND AVE
Parc~INumber ·· 24-205-502-0014-00
Assessable Frontage: . 53.78 Feet
Estimated Front Foot Cost: $29.00 . per Foot
ESTIMATED TOTAL COST $1,559.62
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 502
LOT 14
Your vote COUNTS!
.. te either.· lo "'''"' oc opposed to tho $poolol A"'"moot Street
Please vo P"'IXI"'
lAM IN FAVOR D . . I AM OPPOSED .
Owner Ke VI V\ .r
£{ct~kYVle Co Owner/Spouse ·
Signature L~~ture - - - - . . - - - - - - - - ' - -......
Addr~ss /OV:Z~.:C~€.· · Address ·
----------------------
''' "'!;' , . ,, ·.·
Thank you for taking the time to vote on this important issue. 8
SPECIAL ASSESSMENT
HEARING RESPONSE CARD.
RESPONSE
'' -' COUNTS-. AS "IN FAVOR" OF PROJECT-To have yourvote count, please
'
·H~turn'fhJsCardBy~
~----. ;_.- ,_ . ---, ·--_: -, ,_- -
MARCH :22;,2005
,,,c -\ .,,. ,- "·"' ,,._ ._
··.·IRELANDAVE.,FRANKLIN SLTO DAVIS ST.
' MAJOR R~HABILiTATION . .. . ' . .
. ., ·, .
..:: ' <.c.~-_--:,: •' ~,-.~--/-::::)"\~\·'·'
·~f;#z~to'7. . .~h~ilv~·~~~F~f;tt~h vot~:ir1t'luded a"Spart ~ft~e t~bulation of votes forwardedto ·.
it~~;·;ci1Y ·Com·,r~·,is~;ioh for the scheduled public hearing, please return this card by the date···
icaited ab,ov•e;·. To use thisresporisecardplease indicate whether you Oppose or Favor
;"~lo:ecl.al asSElSSiment prcijeqt; sign the forin and. return It to the City Clerk's Office, To .
card by mail, Simply fold on the dottepliries so the address on the reverse side is
Be sure to seal the form With'a small piece of tape or staple prior to mailing. IF ·
NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
-' >~ '·
-·;·_-
,· ' ·(._:· .-'. ; <::
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. ·, . ·.· r 11~0 IRELAND· AVE
- _l ---~_:.·,.0:-i<:~-:~~ ::·.... :-- ( -· .- .'
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' 24c20s-501~0010-00
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52.3; Feet
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'
·. $29.00 per Foot.
.. '
' RECBV,t-:h ..· I.
. $1,516.70 MARl'~ ?ntW. i
. Cl Clerks Office
. Your vote COUNTS!
' '.>''· 0 """''"' vote either in favor or opposed to the Special Assessment Street Paving Project.
,
. -,. ,'
> AM IN FAVOR [ ]
• , I
, I AM OPPOSED 00 .
. ' (() CoOwner/Spouse
c•:c:•• "~ ----~------------------
~J,:i:l.J~,4...~~~U4.'-~,'~...---· Signature · ---------------
Address
Thank you for taking the time to vote on this important issue. ''" "' ,,,,,,. ·
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wri1!t€ln vote h1cluded ash~rt of the tabufatibn of votes forwarded to, '
<RUblicb~'!ring,please.return this card bythe date,,'
thi!; re~snon!le card please ind.icate whether you Oppose o.r Favor, .
1m~::~p~~ia ass•ess;menl plpj~c;t,.:sigr the form.anq return it to theCityCierk's Of:fice . .To
on the dotted lines so the addre'ss on the reverse sfde is
""'''"'',·'"'.·. form with a small pieceof tapeior staple prior rna (ling. IF to
vcr~u.u ,.1$FORM YOURVOTECOUNT~ASI'INFAVOR" OF .'·,. , ,
' ' ! ;' ' ' . • •. !-: . _! ' ' ' -.
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... _ .-·-- - '; ,_:_- . -I·: . _,_ . ,. ,.
'1q60 IRELAND AVE···
. ..t.·'_' ,._ :
..•..
24-205-502-0016"00
. · ·~~·~~ •· , . .Feet .
.. $29.oo: per' Foot ·· .,
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.. $1,559:62 . ..
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Clerks Otf;c ~
, Your vote COUNTS!
_·rio,:~. ~. ,-.>.: . • . •
10
nk you for taking the li!Tl.I'J to vote on th1s Important 1ssue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
..·.NO RESPONSEGOUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 22, 2005
:-·."·'· PrniiPr.tTitle: IRELAND AVE; FRANKLIN ST. TO DAVIS ST.
MAJOR REHABILITATION
. wish to have your written vote included as part of the tabulation of votes forwarded to
~:,:t.il.l:il_e· City Commission for the scheduled public hearing, please retum this card by the date
··· · above. To use this response card please indicate whether you Oppose or Favor
r;::;_Jl~i~~~~~:~: assessment project, sign the form and return it to the City Clerk's Office. To
.':: this card by mail, simply fold on the dotted lines so the address on the reverse side is
ms~low•ing Be sure to seal the form wit11 a small piece of tape or staple prior to mailing. IF
vvvv NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
'"'"''J"ECT.
10451RELAND AVE
24-205-508-0001-00
. 107.6 Feet
·. $29.00 per Foot
4
$3,120.40 T1 I
. MAR ? l.
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED IX I
--~-~.:...::.:.+--¥-=--=~:....-- CoOwner/Spouse Ge£1'tlf£f'.l !6·1 685
Signature (:0:~ :£"·~} J
Address j'() l{ \ 1e£u\u~. fW [
29
' Thank you for taking the time to vote on this important issue. •• .• ·" ''''"' ,. '
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 22, 2005
Project Title: IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
Project Description: MAJOR REHABILITATION
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: 10541RELAND AVE
Parcel Number 24-205-502-0017-10
Assessable Frontage: 50 · . Feet
Estimated Front Foot Cost: $29.00 per Foot
ESTIMATED TOTAL COST $1,450.00
hC:CE.IV; :) ... ···1
.· Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
· W 50FT OF S 1/2 LOT 17 BLK 502
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 00
. owner· Chorrrttat'L CoOwner/Spouse
Signature !J Signature
-------------------
Address Address
11
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARQ
.:·.~~;y··.. ReturnThisCard By: MARCH 22,200q ..
:~;~r:~~~J:.i:(.,~~~~:~! ~i::~ription: ~~~~~N~E:~~;E:~~NST. TO DAVIS ST.
. :-.-, _.. . ,- - .
r/~, -::}._:-~:::{:~\ .
};; :.'ftfS ·.:INSTRUCTIONS . .. . . . .·
<i/'.j·,-_-~-. ~·iAr'' _:.', ·:.' i :: .. _"' . ·_ .- .. - .-·- ;_- " --. ,-_-.· . -r - .: . ·, ' . - - ·•• ,_
";•:>tJl;fJ(you wish to have your writter vote included as part of the tabulation of votes forwarded to
;:,'h):·'~;f.\ thf;City Commission for the scheduled public hearil)g, please return this card by the date
~Tiij~··\ii/h:·~ indicated above .. To use this response card please indicate 1,'/hetheryou Oppose or Favor
;:~~·N-+b,'' thls special assessment project, sign .the form and return it to the City Clerk's Office. To
[,; {.:);t,;:i' <r~turn this card by mail, simply fold o.n the dotted lines so the address on the reverse side is
·;;;';['I;.:•Jz)showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
~:';.:;g!;{iii{)"OU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
t1~~~ii;f{fl.~t~;~l~;i~-~Bq~~cr. ·. :-_-, ·. .: . .. ._-. . - .. , .. 1
•
r:';';tvl!:1;;),~Assessment InformatiOn ... • . ·.· .· ·. . ·' ·,· .. ·, ·•.
~~ii~~~~~.~~~~rty Address: ~. 1181 IRELAND AVE '
;e~ .•.• u.··•""''" Parcel Number . 24-205-509c0008-00
~l;:;~~!~f~~;.~s~kssableFrontage: · .·.. . ,.·. · 52.2 · · Feet
~:,;·w.f,ii_/~;;~ti_:~~-:-_. . ,}~;:t·':'i;:,f.~._:;,_:-.:.-:-:: . _:, =.- - ,•'
?0.;~;;:~1JW:itl;i>tirrjated Front Foot Cost: $29,00 ·. per Fo?t'
:~-:.;~--·~:.t;-'1Ii'.~0~;:~~}t-'/- -:;. :·_ i . \' · . ,. . _ · · · ,, -- ·..
:.i!•hiic;r·: :•ESTIMATED TOTAL COST• $1 ,513:so
:~):.;,:):f{;~;rr,;;;-:,_.-~-~--.:> -. ·. ·
•·/[.,, :; ~·;:·•;
__ ,_: .
Property Description
\l'./-'r'~·-:1,':::_,,_.
.( (''?':<. > CITY OF MUSKEGON
•··. '!\.~'·''•·· REVISED PLAT OF 1903
',,'\~';'~(:•LOT 8 BLK 509 ' '
....-·.:,; ,_ ·i _.,-..
~· ',·/}\<, { .··.Thank you for taking the time to vote on this important issue. 14
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
. . .
' . ''.: -· .. ,-. ' ~---.- _-.-.- .. -
·.-· .· -_,_ : ./'.: - .
··· .Return.ThisCargBy: MARCij 22, 2005
· Projett TiUei . ·•. IRELAND AVE., FRANKLIN sT: TO DAVIS ST.
. Project Description: MAJOR REHABILrrAfloN .
. .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 ttie address on the reverse side is
showing. Be sure to. seal the form with a small piece oftape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" .OF
PROJECT.
. Assessment Information
Property Acldress: ··· . 1070 IRELAND AVE
P~rcef Nun1ber · -·.;
24-265-502-0015~00 .
·J.;~~es~abl~ Frontage:.··.· .53.78 •· ·.Feet
-:· ~= <p ,, ' . -. ·.,< ' , ..,..,
.$29.00. .. ·
,perF
.- (
. ESTIMATED TOTAL COST $1,559.62 .
Property Description ·
· CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 502
• ~OT, 15
. ..
Your vote COUNTS!
· ·Please vote either in favor or opposed to the· Special Assessment Street Paving Project.
lAM IN FAVOR D lAM OPPOSED 0
Owner · C00wner/Spouse
~~~~~~~~~
Signature
----------------------
Addre'ss Address
..
Thank you fortaking the time to vote on this important issue. c· • '•'-·•' . ·r 9
·.Thank you for taking the 'time tb vote on ..
' - ' : :' -, ' < ; • ' ~ -"" • \- :
" j •• ~
''
.. , ·' s
SPECIAL ASSESSMENT H 1600
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
1 FOSSLER GINA J ASSESSABLE FEET: 52.3
24-205-501-0010-00 1190 IRELAND AVE COST PER FOOT: $29.00
@ 1190. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,516.7o 1
2 CASHBAUGH DAVID R ASSESSABLE FEET: 52.2
24-205-501-0017-00 11381RELAND AVE COST PER FOOT: $29.00
@ 1138. IRELAND AV MUSKEGON M I 49441 ESTIMATED P.O. COST: I $1,513.80 1
3 KING RHONDA K ASSESSABLE FEET: 52.2
24-205-501-0018-00 1130 IRELAND AVE COST PER FOOT: $29.00
@ 1130. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.8o 1
4 SPINERETE ENT ASSESSABLE FEET: 53.78
24-205-502-0010-00 514 GRANT AVE COST PER FOOT: $29.00
@ 1110. IRELANDAV GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $1,559.62 1
5 THOMPSON CATHERINE A ASSESSABLE FEET: 53.78
24-205-502-0011-00 11021RELAND AVE COST PER FOOT: $29.00
@ 1102. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
6 HOSSINK JAMIE/ANDREA ASSESSABLE FEET: 53.78
24-205-502-0012-00 10921RELAND AVE COST PER FOOT: $29.00
@ 1092. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
7 DONOVAN KEVIN J ASSESSABLE FEET: 53.78
24-205-502-0013-00 1086 IRELAND AVE COST PER FOOT: $29.00
@ 1086. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
3/11/2005 Page 1 of 5
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
8 BLACKMER KEVIN J ASSESSABLE FEET: 53.78
24-205-502-0014-00 10781RELAND AVE COST PER FOOT: $29.00
@ 1078. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
9 GRISHAM RAY E ASSESSABLE FEET: 53.78
24-205-502-0015-00 1070 IRELAND AVE COST PER FOOT: $29.00
@ 1070. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
10 MONTE BETTY S ASSESSABLE FEET: 53.78
24-205-502-0016-00 1060 IRELAND AVE COST PER FOOT: $29.00
@ 1060. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,559.62 1
11 JOHNSON CHARMION J ASSESSABLE FEET: 50
24-205-502-0017-10 10541RELAND AVE COST PER FOOT: $29.00
@ 1054. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,4so.oo 1
12 MANOR KRISTOPHER B/TERESA ASSESSABLE FEET: 57.56
24-205-502-0018-00 345 W RIDGELINE DR COST PER FOOT: $29.00
@ 1645. FRANKLIN s OGDEN UT 84405-684 ESTIMATED P.O. COST: I $1,669.24 1
13 GOULET WILLIAM K ASSESSABLE FEET: 52.3
24-205-509-0009-00 516 GARDNER ST COST PER FOOT: $29.00
@ 1189. IRELANDAV MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1 ,516.7o 1
14 GRISWOLD KENNETH R ASSESSABLE FEET: 52.2
24-205-509-0008-00 2000 ROILSON ST COST PER FOOT: $29.00
@ 1181. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.8o 1
3/11/2005 Page 2 of 5
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
15 BLOOMSTROM JOHN W/ONALE ASSESSABLE FEET: 52.2
24-205-509-0007-00 1173 IRELAND AVE COST PER FOOT: $29.00
@ 1173. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.8o 1
16 BARNESSCOTI ASSESSABLE FEET: 50
24-205-509-0006-00 21786 VIRGINIA AVE COST PER FOOT: $29.00
@ 1169. IRELAND AV EASTPOINTE Ml 48021 ESTIMATED P.O. COST: I $1 ,45o.oo 1
17 SIMA GREGORY W/CHRISTINE K ASSESSABLE FEET: 54.4
24-205-509-0005-00 1159 IRELAND AVE COST PER FOOT: $29.00
@ 1159. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,577.6o 1
18 SMITH RICHARD A ASSESSABLE FEET: 52.2
24-205-509-0004-00 1151 IRELAND AVE COST PER FOOT: $29.00
@ 1151. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.80 1
19 HEMPHILL STEPHANIE D ASSESSABLE FEET: 52.2
24-205-509-0003-00 1145 IRELAND AVE COST PER FOOT: $29.00
@ 1145. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.8o 1
20 CASHBAUGH JAMES ASSESSABLE FEET: 52.2
24-205-509-0002-00 1137 IRELAND AVE COST PER FOOT: $29.00
@ 1137. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,513.8o 1
21 EVANS MONICA J ASSESSABLE FEET: 52.2
24-205-509-0001-00 1131 IRELAND AVE COST PER FOOT: $29.00
@ 1131. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,513.ao 1
3/11/2005 Page 3 of 5
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
22 BROWN PHYLLIS ASSESSABLE FEET: 53.8
24-205-508-0009-00 1109 IRELAND AVE COST PER FOOT: $29.00
@ 1109. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
23 GORTER KEITH/ANN ASSESSABLE FEET: 53.8
24-205-508-0008-00 1101 IRELAND AVE COST PER FOOT: $29.00
@ 1101. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
24 MAYO FRED ASSESSABLE FEET: 53.8
24-205-508-0007-00 10931RELAND AVE COST PER FOOT: $29.00
@ 1093. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
25 LOFGREN MARY ASSESSABLE FEET: 53.8
24-205-508-0006-00 10851RELAND AVE COST PER FOOT: $29.00
@ 1085. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
26 DYER TC JRIAUDREY M ASSESSABLE FEET: 53.8
24-205-508-0005-00 1077 IRELAND AVE COST PER FOOT: $29.00
@ 1077. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,56o.2o 1
27 MATTHEWS GARY JRIMICHELLE ASSESSABLE FEET: 53.8
24-205-508-0004-00 10691RELAND AVE COST PER FOOT: $29.00
@ 1069. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
28 JANSEN MICHAEL A ASSESSABLE FEET: 53.8
24-205-508-0003-00 10631RELAND AVE COST PER FOOT: $29.00
@ 1063. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,66o.2o 1
3/11/2005 Page 4 of 5
MAJOR REHABILITATION HEARING DATE MARCH 22,2005
IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
29 BIGGS RANDY A ASSESSABLE FEET: 107.6
24-205-508-0001-00 10451RELAND AVE COST PER FOOT: $29.00
@ 1045. IRELAND AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3, 12o.4o 1
SUM OF ASSESSABLE FOOTAGE: 1594.82 SUM OF ESTIMATED P.O. COST: $46,249.78 I
TOTAL NUMBER OF ASSESSABLE PARCELS 29.00
3/11/2005 Page 5 of 5
H-1600 IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
fRO_PERIY QWNER $pEC!AL ASSESSMENT RESPONSE TA.BUlATIQN
fill PERCEMIA~E TOTAL NUMBER OF PARCELS- 29
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1594.82 *** 7 1086 IRELAND 24·205·502·00 13·00 53.78 6 1092 IRELAND 24·205-502-00 12·00 53.78
8 1078 IRELAND 24-205-502-0014-00 53.78
FRONT FEET OPPOSED 899.62 56.41% 21 1131 IRELAND 24-205-509-0001-00 52.20
26 1077 IRELAND 24-205-508-0005-00 53.80
RESPONDING FRONT FEET IN FAVOR 53.78 3.37% 27 1069 IRELAND 24-205-508-0004-00 53.80
IS 1173 IRELAND 24-205-509-0007-00 52.20
NOT RESPONDING- FRONT FEET IN FAVOR 641.42 40.22% I 1190 IRELAND 24-205-501-0010-00 52.30
2 1138 IRELAND 24-205-501-0017-00 52.20
TOTAL FRONT FEET IN FAVOR 695.20 43.59% 28 1063 IRELAND 24-205-508-0003-00 53.80
9 1070 IRELAND 24-205-502-0015-00 53.78
14 1181 IRELAND 24-zos-so9-ooos-oo 52.20
10 1060 IRELAND 24-205·502·0016-00 53.78
II 1054 IRELAND 24-205-502·00 17-10 50.00
29 1045 IRELAND 24-205-508-0001 ·00 107.60
J• 1130 IRELAND 24·205·501-0018.00 52.20
18" 1151 IRELAND 24-205·509-0004-QO 52.20
'" expressed their vote at the hearinr date of 3/22/05
TOTALS 53.78 899.62
TABULATED AS OF: 08:57AM
4/5/2005 8:57AM TABULATION Of THE RESPONSES TO THE SP. ASS. HEARING ON IRELAND AVE.
Date: March 22, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Franklin, Laketon to Ireland
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Franklin, Laketon to
Ireland, 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
COMMITIEE RECOMMENDATION:
ENGINEERING FEASIBILITY STUDY
For
Franklin, Laketon to Ireland
The rehabilitation of Franklin between Laketon & Ireland, see attached exhibit for location, was
initiated by the City as per the adopted the 2005 CIP. Staff identified this section of road for
improvements during the budget process due to its surface and subsurface conditions. The road
surface has a lot of patches due to poor drainage and utility work. As for the subsurface
conditions, the existing watermain system has required numerous calls for repairs to the services
as well as the main itself. The age and type of sub-surface soils (clay) have played a significant
roll in the deterioration of both surface & sub-service conditions. The proposed work includes
the removal of the sub-base material (aggregate) and saving the existing curbs, for the most part,
unless replacement is necessary to enhance drainage or to facilitate the construction of a
sidewalk ramps. The proposed improvements (Major-Rehabilitation) consist of following;
1. Complete removal of existing pavement, without removing curbs & gutters) and replace with
a new asphalt street section that would include new sub-base material.
2. replace water main and services
3. minor storm sewer work
4. minor sanitary sewer work
Completing this proposed project would address at least the following 2004-2005 goals;
1. Develop & Maintain City's infrastructure and facilities
2. Maintain & enhance the residential neighborhood of the City
3. Blight Fight
A memo from the Assessor's office, which addresses the appraisal and benefit information, is
attached.
The preliminary cost estimate for the work associated with paving is $115,000 with the length of
the project being approximately 880 lineal feet (project length) or 677.44 of assessable footage.
This translates into an estimated improvement cost of $169 per assessable foot. The assessment
figure will be at a cost not to exceed $29.00 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 March 9, 2005
Douglas A. Bennett
Mohammed AI-Shatel, City Engineer
District? City ofMuskegon
933 Terrace Street
Chalies L. Buzzell
District 2
Muskegon, MI 49443
Mr. AI-Shatel:
James J. Oerezinski
District 4 In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the major rehabilitation of Franklin Street between Laketon Avenue
District 5 and Ireland Avenue. The purpose ofthis analysis is to document the reasonableness of
this special assessment district by identifYing and quantifYing any accrued benefits. It
Louis A. McMurray
Drstrict 9
is subject to the normal govermnental restrictions of escheat, taxation, police power
and eminent domain. The effective date is March 9, 2005.
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 except for parcel number 24-205-508-0001-00, which is also being assessed on
project H-1600. The amounts reflect the sum of the immediate estimated value
Nancy A. Waters enhancement and the intrinsic value that will accrue from an overall increase in
District 6
property values due to an improved quality of life created by the proposed project. As
Stephen R. Wisniewski previously presented, the proposed special assessment district encompasses primarily
District 1 residential properties. The front foot rate of$29.00 for the major rehabilitation of the
above mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$32.25. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely, RECEIVED
CITY OF MUSKEGON
I . (1 ,,
i /, t' ·~.;,· It' ( .. ., ' ' MAR o9 2005.
~;c~~E~~ry,'~~3 ENGINEERING DEPARTMENT
Senior Appraiser
EOUJ.\U:ZATION DEPARTMENT • I 73 E. APPLE AVE., f3UILDING C • Ml!SKE'CGON, Ml 49442
(231) 724·6386 • FAX (231) 724·1129
TTY (231} 722·4103 • An EEO I ADA I AA Employer
recycled paper
MUSKEGON COUNTY
M c H G A N
BOARD OF
COMMISSIONERS March 11, 2004
Paul T. Baade, Chair
District 10
Mohammed Al-Shatel, City Engineer
Bill Gill, Vice-Chair City of Muskegon
District 8 933 Terrace Street
Douglas A. Bennett Muskegon, Michigan 49443
District 7
RE: Special Assessment Benefit Analysis# H-1602
Charles L. Buzzell
District2
James J. Derezinski
District 4 Dear Mr. Al-Shatel:
Marvin R. Engle
District 5 As we previously discussed, I have reexamined the effects of removing parcel number
24-205-508-0001-00 located at 1045 Ireland from this special assessment project due to
Louis A. McMurray
its inclusion in project H-1600 (Ireland Avenue paving project). It has been determined
District 9
this parcel would not significantly benefit from the Franklin Street project since the home
Robert Scolnik fronts on Ireland Avenue and the real enhancement to the property would come primarily
District 11 from project H-1600.
I. John Snider II
District 3 As stated in the report, the total project cost is estimated to be $150,000. The amount of
money to be spread to the property owners by special assessment, minus 1045 Ireland,
Nancy A. Waters
District 6
has been estimated at $19,653.01 or 13.1% of the total project cost. This equates to
$29.00 per linear foot. The analysis indicates a possible enhancement of $31.41 per front
Stephen R. Wisniewski foot (TCV $851,371 x 2.5% I 677.69 front feet).
District 1
Therefore, I would conclude that the front foot rate of$29.00 for the major rehabilitation
of the proposed project area appears reasonable in light of the analysis that indicates a
possible enhancement of $31.41.
If you have any questions, please call me at 724-6153.
Sincerely,
Dennis W. Burns
Assessment Administration Supervisor
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
March 11, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on MARCH 22, 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.
March 11, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Franklin St. from Laketon Ave. to lrel;and 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 MARCH 22, 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 $115,000.00 of which
approximately 17.08% ($19,645.76) 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 (1 0) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: MARCH 22, 2005
Project Title: FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
Project Description: MAJOR REHABILITATION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 65 Feet
Estimated Front Foot Cost: $29.00 per Foot
ESTIMATED TOTAL COST $1,885.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOTS 1 & 2 BLK 508
ALSO N 1/2 VAG ADJ ALLEY
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
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:
IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
AND
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
The specific locations of the special assessment districts and the properties proposed to be
assessed are:
All parcels abutting Ireland Ave. from Davis St. to Franklin St.
And
All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.
The City Commission proposes that the City and prope1ty 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 MARCH 22. 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: March 12, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers
for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who
want to attend the meeting, upon twenty-four hours notice to the City. Contact:
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Pavment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _________________ Birthdate: ________Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this 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
(Prope11y taxes must be current to qualify and will he 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 information fumished in suppmt 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
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
II 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.
2005
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, 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, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City rese1ves the right to verifj1 all application information. {f current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also reserves the right to reject any applications that containsfals(fied infOrmation or insufficient
documentation.
'-.' '-:
!S
Owner
.Signature
. Address·
···~~~~~~~~~-
.·Thank you for taking tile titl1eto V()te onthis ··.,n,·wt."nt
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
. NO RESPONSECOUNTSAS"INFAVOR" OFPROJECTcTohave your vote count, pleasE:J
. RetLJrr,Tbis card By: MARCH 22, 20oi5 ·.
.. . . .···... ' FAANKLINST., I..AKETONAVE. TOIRELANbAVE.
•.·. Proj7ctTitle: .....·. .·.·.·. · ·••·· ...••'······. ·.· •. · <·· ··..· •· <·· .
ProJE3ctpesC\ipti6n: MAJOR REHABILITATION · .·
iiNSTRUCTidNS. ... ·.··.. . . \ > . . ...•...•. •· . . ...·. •·· .... · .·•. ·. . ·. . ·.
. If yqu wish t~ ~ave your written vote included as part qfthE:l tapulation ofvotes forwarded to
·· . the CityCorntJiissionf?rthe schE:Jduled public h~aring, piE:Jase retu.m thiscard pythe date . ·
, indiC!lted~bqve, Jo USE;Jthisre!lponile card please ihdjcate Wbetheryou Oppose ()rFavor
·this special assessment project, signtheJorm and return it to the City Clerk's Office. To .· .
return ttlisc~rd by mail, simply fold on tre dottecj Iires so the aqdresson the, revE:Jrse side is
. sho.wing ...• sesure to Se!ll.the form with a small piecE! of tape or staple prior to mailing. IF··
· YO\J DO NOT SENOIN THIS FORMYQURVOTE COUNTS A~"JN FAVOR'' QF
.PR(\'!JECT, .. · ·••.·• .. . .. . . . ..
>_· _ ;:\ -.-.-·
Assessment Information
:. ·--:.:>>·\- ; >--.·:_-- __·_:_:-~
Prop~rty Address: 1694FRA~RLIN ST
z4:2os-so?-doo~-oo ·
. .;__;_;_,_, \\ :_·,·-:'- _,_;_
___
. Parc~LNumpe,r
·_·.--,:·'·. -•._:\
Assessable Frontage: · 61 Feef ··
·, -- :--:/-<-\--·---.:--______/::-- _._.:-.->\ ;-·: __-_·,::·
EstiMaJed .prontFqot Cost: $29.oo : · pe:rFo6r.
• ESTIMATED rorAtcb:n J
Property Description .
CITY OF MUSKEGON
• REVISED PLAT OF 1903.
LOT 5 &W 2.5 FT LOT 6 BLK 507
.. Your vote COLJNTS! •.
Please vote either in favoror opposed to the Special Assessment Street Paving Pro! ct. ...
-- ·'- '- ' -,-_. _·:c' --- - '- ·, ' . _-- :, -,
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· t'hank you for
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. I •• I SfECIJI.L A~,~ESSMENT • . .
I I I ••• HEARING RESPONSE CARD
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:-.- ''
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·. ·. ;/~: / .if ypUwi~tl to have yqur written yc#e:J~C,Iu(1~~ ael'p~if, .tQ~ t;ipi.li~:Jtli:iri o(vote~ .forwarded to . . 9f
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· 1 e;<Prope'rty Description .
. CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 515
LOT18
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:_~~--~-:-_:·_.~_:_·.~·,_-_·
SPECIAL ASSESSMENT H 1602
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
2 SILKY CHARLES E ASSESSABLE FEET: 64.75
24-205-508-0018-00 1046 W DALE AVE COST PER FOOT: $29.00
@ 1046. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,877.75 1
3 0 CONNOR DONNA M TRUST ASSESSABLE FEET: 61
24-205-515-0001-00 1045 W DALE AVE COST PER FOOT: $29.00
@ 1045. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,769.oo 1
4 0 CONNOR DONNA M TRUST ASSESSABLE FEET: 61
24-205-515-0018-00 1721 FRANKLIN ST COST PER FOOT: $29.00
@ 1735. FRANKLIN S MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,769.oo 1
5 0 CONNOR DONNA M TRUST ASSESSABLE FEET: 61
24-205-518-0001-00 1721 FRANKLIN ST COST PER FOOT: $29.00
@ 1045. W LARCH AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,769.oo 1
6 HARVEY FURMAN II ASSESSABLE FEET: 63.69
24-205-518-0018-00 1795 FRANKLIN ST COST PER FOOT: $29.00
@ 1046. W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: L l_$:_1:.._,8_47_.0_1__J
7 BOSS WILLIAM ASSESSABLE FEET: 61
24-205-507-0004-00 10271RELAND AVE COST PER FOOT: $29.00
@ 1027. IRELANDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,769.oo 1
8 HOOS ROBERT C ASSESSABLE FEET: 61
24-205-507-0005-00 1694 FRANKLIN ST COST PER FOOT: $29.00
@ 1694. FRANKLIN s MUSKEGON Ml 49441-225 ESTIMATED P.O. COST: I $1 ,769.oo 1
3/11/2005 Page 1 of 2
MAJOR REHABILITATION HEARING DATE MARCH 22, 2005
FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
9 0 CONNOR DONNA M TRUST ASSESSABLE FEET: 61
24-205-516-0004-00 1721 FRANKLIN ST COST PER FOOT: $29.00
@ 1027. W DALE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,769.oo 1
10 HULKAJOHN W ASSESSABLE FEET: 61
24-205-516-0005-00 1028 W LARCH AVE COST PER FOOT: $29.00
@ 1028. W LARCH AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,769.oo 1
11 DOUTHWAITE DAVID/JANET ASSESSABLE FEET: 61
24-205-517-0004-00 1027 W LARCH AVE COST PER FOOT: $29.00
@ 1027. W LARCH AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,769.oo 1
12 NATIONAL CITY BANK OF THE M ASSESSABLE FEET: 61
24-205-517-0005-00 1 NATIONAL CITY PKWY COST PER FOOT: $29.00
@ 1026. W LAKETON A KALAMAZOO Ml 49009 ESTIMATED P.O. COST: I $1,769.oo 1
SUM OF ASSESSABLE FOOTAGE: 677.44 SUM OF ESTIMATED P.O. COST: $19,645.76 I
TOTAL NUMBER OF ASSESSABLE PARCELS 11.00
3/11/2005 Page 2 of 2
H-1602 FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
f.ROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTA~ TOTAL NUMBER OF PARCELS· 12
FOR OPPOSE
LETTER# ST# ST NAME PARCEl# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOT AGE 745.38 *""' 2 1046 W DALE 24-205-508-0018-00 64.75
8 1694 FRANKLIN 24-205-507-0005-00 61.00
FRONT FEET OPPOSED 430.75 57.79% 10 1028 W LARCH 24-205-516-0005-00 61.00
3 1045 W DALE 24-205-51 5-0001-00 61.00
RESPONDING FRONT FEET IN FAVOR 0.00 0.00% s 1045 W LARCH 24-205-518-0001-00 61.00
4 1735 FRANKLIN 24-205-515-0018-00 61.00
NOT RESPONDING· FRONT FEET IN FAVOR 314.63 42.21% 9• 1027 W DALE 24-205-516-0004-00 61.00
TOTAL FRONT FEET IN FAVOR 314.63 42.21%
" expressed their vote@ hearing of 3/22/05
TOTALS 0.00 430.75
TABULATED AS OF: 08:56AM
4/S/2005 8:56AM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON FRANKLIN ST.
April I~. 2005
Re: Repaving of Franklin St between Laketon Ave. and Ireland.
To Muskegon city council:
As you are aware, the Engineering Department's proposal to create a Spwial
Assessment for the repaving of Franklin St between Laketon and Ireland leaves one to
wonder why Franklin Street has been repaired from Ireland to Southern Ave, with out a
Special Assessment
Franklin St as a whole between Laketon Ave. and Southern Ave, has been deteriorating
Since it original paving in 1977.
First it was the a sewer problem at Forrest Ave, then the corner area [south-bound lane]
of Franklin St at the corner of Laketon Ave started to it's continuing crumbling. This
crumbling issue was never addressed or repaired properly, but on the city went to repair
a great deal of Franklin from Ireland to Southern over the next 25 yea~ or so, without
any cost to property owne~ in that area. This also is apparent to repairs made North
of Southern Ave.
Your core sample taken on Franklin shows that either those that performed the work
when construction was done in 1977, or those who were responsible for the over sighting
of this project created a majority of the problems, NOT the property owners or traffic that
has passed over Franklin Street. WOOD removed from under the pavement at a repair
location adjacent to 1027 Larch last fall is another indication of the above.
A Special Assessment against the property owners between Laketon an Ireland is unfair
treatment. Why not repair only what is need, as ·'is done North oflreland ? Fair
treatment is what I'm looking and asking for · / ~
April 8, 2005
To: Muskegon City Council
Subject: Repaving of Franklin St. between Laketon Ave. and Ireland requesting approval
of a special assessment to the home owners that front this road.
From Southern Ave to Ireland the city cut out the crumbled sections of Franklin in the
summer of2004 and did NOT assess any charges to home owners. The city also made
the necessary cuts around the crumbled areas from Laketon to larch to replace that
section of crumbled pavement in 2004 but did not complete the repairs prior to winter.
They now have sent the home owners from Laketon Ave to Ireland an assessment against
their property for replacement of the road and want the home owners between Laketon
and Ireland to pay a special assessment. We just want to be treated as fairly as the home
owners from Southern Ave to Ireland.
Please sign below if the city of Muskegon repaired sections of Franklin Street at no
charge to you.
Name -keLL'< b\!Sl.AB:Pb-1
Address ILPYS ~'{-L\N•
Name:.
"tt
hM i} rc..~
Address (li C(t--/ t?rc-NI:;/1,/
Namr~~~~~~~~~~~~~~--------
Address /6 3 6 lA~~ )
Name ~tk_ ~<k.&l
Address{ (ocp 3 /~ L/J
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Address _ _ _~~~-L--&
cO~~
Robert E. O'Connor, ~-~
1721 Franklin, I 045 W. Larch, 1735 Franklin
CITY OF MUSKEGON
Resolution No. 2005-35(b)
Resolution At First Hearing Creating Special Assessment District
For Franklin, Laketon to Ireland
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 22, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 22,2005, there were 57.79% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and Spataro and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 17.08% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission 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: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on April 12, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
EXHIBIT A
FRANKLIN, LAKETON TO IRELAND
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Franklin, Laketon to Ireland
--------------------------------------------------~
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE
SOUTHERN AVE
I II I
f-
(/)
I FOREST
II A
I
I I
IRELAND AV£
I I~ ~
(/)
I I! DALE AV£
§
J::
I I
~I
a
I LARCH AVE
I I
I I LAKETON AVE
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Franklin St., Laketon Ave. to Ireland Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRJCT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREP AID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 11TH DAY OF MARCH 005.
SUBSCRlBED AND SWORN TO BEFORE ME THIS
oflji"A DAY OF A;c r) , 2005.
~ ~- /d:IM
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES f~ J S"- 0 6
AGENDA ITEM N O . - - - - -
CITY COMMISSION MEETING - - - - -
TO: Honorable Mayor and City Commissioners
FROM: City Manager Bryon L. Mazade
DATE: April 1, 2005
RE: MDNR Agreement Amendment for Lakeshore Trail
SUMMARY OF REQUEST:
To adopt a resolution to approve a Project Agreement amendment between the City and MDNR
for the Lakeshore Trail project. This is necessary to complete the Chase Hammond Golf
Course conversion.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the resolution.
COMMITTEE RECOMMENDATION:
None.
PMB/0: (MDNR Amendment/Lkshr Trl Prjt Agenda Cvr 0401 05)
.'
RESOLUTION No. 2005-3 6(a)
CITY OF MUSKEGON
RESOLUTION APPROVING THE DEVELOPMENT PROJECT AGREEMENT
AMENDMENT FOR THE MUSKEGON LAKESHORE TRAIL (PROJECT NUMBER
26-00104) BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF NATURAL
RESOURCES AND THE CITY OF MUSKEGON.
WHEREAS, the City of Muskegon (City) and the Michigan Department ofNatural
Resources (MDNR) have previously entered into an agreement for the property
acquisition and development of the Lakeshore Trail Project, and
WHEREAS, the agreement between the City and the MDNR specifies that certain land
will be used for the Lakeshore Trail Project, and
WHEREAS, the City has requested to modify that agreement to delete certain properties
from the Lakeshore Trail Project, and
WHEREAS, the MDNR has approved the City's request to modify the agreement and has
prepared an agreement amendment to accomplish that request.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves
the amendment to the project agreement and authorizes the Mayor to execute the
amendment.
Adopted this 121h day of April, 2005
A YES: Spataro, Warmington, Carter, Davis, Gawron, Larson, and ~hepherd
NAYS: None
ABSENT: None
ATTEST
.'
CERTIFICATION
2005-36(a)
This resolution was adopted at a regular meeting of the City Commission, held on April
12, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, MMC
City Clerk
DNir
State of Michigan Department of Natural Resources, Grants, Contracts, and Customer Systems
LAND AND WATER CONSERVATION FUND
DEVELOPMENT PROJECT AGREEMENT
AMENDMENT
Project Title: Muskegon Lakeshore Trail
Project Number: 26-00104
Amendment Number: 2
-=-------
This is an amendment to the Agreement entered into between the Michigan Department
of Natural Resources ("DEPARTMENT") and the CITY OF MUSKEGON ("GRANTEE")
for the Land and Water Conservation Fund grant number 26-00104. The purpose of the
amendment is to delete 6.34 acres from the project scope. as further explained in
correspondence from the GRANTEE to the DEPARTMENT dated April 5. 2004.
A. The DEPARTMENT and the GRANTEE mutually agree to amend the Agreement as
follows:
Section 4, Appendix A and Appendix B are amended to read as follows:
The grant herein provided is for the acquisition by the GRANTEE of 38.05
acres free of all liens and encumbrances to lands situated and being in the
CITY OF MUSKEGON, COUNTY OF MUSKEGON. STATE OF MICHIGAN as
described in the attached legal description (APPENDIX A of this amendment)
and shown on the attached boundary map (APPENDIX B of this amendment).
As used in this Agreement, the words "project area" shall mean the lands
acquired under this Agreement as described in this Section
B. All other provisions of this Agreement shall be continued in full force and effect.
C. The amendment may be executed separately by the parties and is not effective until
both the GRANTEE AND THE DEPARTMENT have signed it.
D. This amendment modifies an Agreement that was approved by resolution of the
GRANTEE'S governing body as evidenced by the resolution attached to the
Agreement. It is the sole responsibility of the GRANTEE to determine if its laws,
policies or procedures require approval by its governing body before execution of
this amendment by the GRANTEE. By signature of this amendment the GRANTEE
certifies that:
1. Approval of the amendment by its governing body is not required, or
2. The amendment has been approved by resolution (true copy attac~ed) of the
April 12, 2005 '---.--=Re~qul~~ar:;,_---:-~-- meeting.of the City Corrrnission
(date) (special or regular). (name of approving body)
GRANTEE
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED: WITNESSED BY:
By: --------------------------
James B. Wood
Title: Chief, Grants. Contracts, and
Customer Systems
Effective Date:
APPENDIX A
LEGAL DESCRIPTION OF THE PROJECT AREA
APPENDIXB
BOUNDARY MAP OF THE PROJECT AREA
Commission Meeting Date: April 12, 2005
Date: April 5, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department ~ . G,- .
RE: Approval of the 2005-2006 Action Plan
SUMMARY OF REQUEST: To approve the 2005-2006 Action Plan for
the City of Muskegon Community Development Block Grant/HOME
activity. If the Action Plan is approved, the CNS . will continue the
comment period of the Action Plan as amended if needed until April 17,
2005.
On April18, 2005, the CNS office will submit the Action Plan to the U. S.
Housing and Urban Development as required in order to request the
Release of Funds for the 2006-2007 fiscal year.
FINANCIAL IMPACT: Action Plan establishes the 2005-2006 budget.
BUDGET ACTION REQUIRED: None at this time budget established by
Action Plan.
STAFF RECOMMENDATION: To approve the Action Plan.
COMMITTEE RECOMMENDATION: None.
Action Plan
COMMUNITY DEVELOPMENT BLOCK GRANT
June 1, 2005 thru May 31, 2006
MISSION STATEMENT & NARRATIVE SUMMARIES
To provide its residents with the ability to live in safe, decent, sanitary and attractive housing and
to assure the preservation and enhancement of the City's neighborhoods, public facilities and
infrastructure as well as to assist local nonprofits and social agencies in delivering their services to
low/moderate income residents are examples of annual activities undertaken by the City of
Muskegon to promote the overall well-being of this community. This section of the Consolidated
Housing & Community Development Plan will describe eligible programs, projects and activities
to be unde1iaken with funds expected to be made available during the above program year and their
relationship to housing and non-housing community development needs outlined in previous
sections.
PURPOSE & INTENT
In accordance with the National Affordable Housing Act of 1990, the City of Muskegon must submit
an Annual Action Plan to the U. S. Department of Housing & Urban Development pursuant to its
approved Consolidated Plan 2005-2010, which identifies proposed actions toward meeting housing
and non-housing priorities. Affected programs include, but are not limited to the Community
Development Block Grant (CDBG), the HOME Investment Partnership (HOME), the Emergency
Shelter Grant (ESG), Homeless Assistance, Youth Build, and the Housing Opportunities for Persons
Living with AIDS (HOPW A) Programs.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ANNUAL STATEMENT OF PRIORITIES & PROPOSED PROJECTS
The City's Community Development Block Grant (CDBG) program is annually funded to address
the City's short and long-tenn goals, needs and priorities. These goals, needs and priorities are
translated into the City's Annual Action Plan and Statement of Priorities and Proposed Projects for
each program year period. If a detem1ination is made not to implement an activity, to carry out an
activity not previously described, or to substantially change the purpose, scope, location, or
beneficiaries of an activity, an Amendment to the active program year Action Plan will be enacted.
The City's Statement of Priorities and Proposed Projects for this period follows the Summary of
Resources below:
Projected Resources & Activity Summary:
$1,137,000 FY 2005 HUD/CDBG Entitlement
$1,137,000 Total CDBG funding
Other Expected Federal Funding
Law Enforcement Block Grant 49,782
DOJ Bullet Proof Vest Program 2,161
Multi-Jurisdictional Dmg &Gang 35,260
FEMA Firefighters Assistance 129,875
After Schoo I Learning Centers 1,000,000
Total 1,217,078
Summary of Priorities and Proposed Projects
The City of Muskegon proposes to undertake activities during the 2005 - 2006
program year described as follows: The Funding is based on entitlement amount of
$1,137,000.
Housing Priorities & Proposed Projects
Proposed projects will aid in the elimination of blight throughout the City, which is
detrimental to life, health, and safety.
$171,000 Housing Rehab- Emergency Repair Program. Continued assistance
to very low-income homeowners for the repair of single-purpose
housing deficiencies that pose a serious threat to life, health, or safety.
Locations: City/Community Wide
Targeted Outcome: 40 Housing Units
$171,000 Housing Rehab - Siding Program. Continued assistance to provide vinyl siding
to low-income owner-occupants of single-family housing units.
Locations: City/Community Wide
Targeted Outcome: 30 Housing Units
$69,500 Housing Rehab- Service Delivery Costs. Funding for the administration of housing
rehab programs and incidental costs associated with the housing rehab activities such
as credit reports and recording fees.
Location: City/Community Wide
Targeted Outcome: 100 Household
$50,000 Residential Clearance. Continued funding for the board-up and demolition of
vacant, substandard stmctures that are not suitable for rehabilitation.
Locations: Census Tract !-Marquette 2 - Jackson Hill; 3 - Angell; 5 -
McLaughlin; and 6.02 Nelson Neighborhood
Targeted Outcome: 10 Housing Units
2
$40,000 Code Enforcement. Funding for the enforcement of City ordinances with respect
to property maintenance and neighborhood blighting influences. Funding will be
used to pay one Code enforcement officer.
Locations: Census Tract 3 -Angell Neighborhood, Census Tract 5 -McLaughlin,
Census Tract 2 - Jackson Hill, Census Tract I - Marquette, Census Tract 6.02
Nelson Neighborhood
Targeted Outcome: 1000 Households
Non-Housing Priorities & Proposed Projects
Proposed projects will encourage commercial and retail development by taking maximum advantage
of a variety of resources, to promote business expansion and investment in order to create a balanced
recreational, commercial, residential, educational and industrial economic climate as follows:
$245,000 Shoreline Drive Bond Repayment. Funding for payment of bond authority funds
toward completion of the Shoreline Drive project, to be used for real property
acquisition of affected properties.
Location: Census Tract 7- Central Business
Targeted Outcome: Area Redevelopment
Public Improvements Proposed Projects
Proposed projects will provide the impetus to insure the continued maintenance and upgrading of
the City's infrastructure, transportation and neighborhood resources as follows:
$25,000 Public Rehabilitation/Clean-ups. Funding to be used for maintenance of City-
owned residential lots and other future public rehabilitation projects.
Location: Census Tracts I, 2 ,3, 5, 6.01
Targeted Outcome: 200 Lots
$55,000 Street Assessment Program. Continued funding of street replacement costs for
special assessment levied to low income homeowners who resided in areas where
street replacement is proposed.
Public Services & Proposed Projects
Proposed projects will support community-based organizations by promoting neighborhood self-
sufficiency and meet the under-served needs of special needs populations such as youth, the elderly,
persons with disabilities and the homeless and low-income residents.
$75,000 Recreation Programs. Continued funding of core-city youth recreation programs.
Activities include summer/winter swimming, gym activities, basketball, family
recreation, indoor soccer, and summer playground programs.
Location: Census Tract 2 -Jackson Hill; 3 -Angell; 4 - East Muskegon; 5 -
McLaughlin; 6.01 - 6.02 Nelson
Targeted Outcome: 500 Youth
3
$40,000 Sr. Citizen Transit. Continued funding to provide low-cost transportation services
for elderly residents to medical facilities, shopping centers, educationaVrecreational
activities and other related destinations.
Location: City/Community Wide
Targeted Outcome: 1300 Elderly
$15,000 Special Projects/Community-Based Organizations. Continuation of grant program
for local non-profit organizations to provide various services to low-income
community residents.
Location: City/Community Wide
Targeted Outcome: 3 Community-Based Organizations
Approximately: 6,500 individuals
Management
$180,000 Management & Coordination. General management, oversight and coordination
of CDBG activities. Funding includes cost of staff salaries and fringe benefits, office
supplies, equipment and contingency; Contract Compliance/EO and Indirect Costs.
4
CDBG PROJECTS/ACTIVITIES- 2005
2005- 2006 ACTIVITIES- By RANKING
REHABILITATION- HOUSING 411,500 36%
Emergency Repair
Vinyl Siding
Administration
BOND REPAYMENT 245,000 22%
Shoreline Drive
PUB. FACILITIES -ASSESSMENTS 80,000 7.8%
Sidewalks/Street
Lot maintenance
GENERAL ADMINISTRATION 180,000 16%
General Admin.
Affitm. Action
PUBLIC SERVICES 130,000 11%
Recreation Programs
Sr. Transit
CBO Grants Program
CODE ENFORCEMENT- HOUSING 90,000 8%
Code Inspections
Residential Clearance
5
2005 HOME INVESTMENT PARTNERSHIPS PROGRAM
ANNUAL STATEMENT OF PRIORITIES & PROPOSED PROJECTS
The HOME Investment Partnerships Program was created by the National Affordable Housing Act
of 1990, and the City of Muskegon is a designated "Participating Jurisdiction," which allows direct
allocations of funds from the Dept. of HUD. Portions of these funds may be awarded to non-profit
organizations to assist with the provision of affordable housing and suppm1 services; other eligible
activities include acquisition, construction, rehabilitation, investor/rental rehabilitation,
downpayment assistance and assistance to first-time homebuyers. The City's Statement of Priorities
and Proposed Projects for this period follows the Summary of Resources and Proposed Amendments
below:
Project Resources: $337,000
Program Income $ 60,000 (estimated)
Housing Priorities and Proposed Projects
Proposed projects will aid in the prevention of further loss of viable housing units, increase
affordable homeownership opportunities, encourage new development of affordable housing, and
provide continued support for shelter and service programs for the homeless and persons at-risk of
homelessness as follows:
$105,000 Community Housing Development Organizations. Continued assistance to support
non-profit organizations providing housing and housing related activities, and
activities for the needs of the homeless and those at risk of homelessness, and
technical assistance to emerging non-profit housing organizations. 35
Households/Citywide
$33,700 Program Administration. General management, oversight and coordination of
HOME program activities. Funding includes staff salaries, fringe benefits, office
supplies and equipment.
$65,000 Tax-Reverted lnfill Program. Assistance to construct single-family dwelling on
tax-reverted properties not neighborhood specified. I family/targeted neighborhood.
$100,000 Tax-Reverted Rehabilitation Program. Assistance to rehabilitate tax-reverted
single-family structures and sell to low/moderate-income residents after rehab. 1
family/targeted neighborhood.
6
$337,000- HOME PROJECTS/ACTIVITIES- 2005
2005 HOME INVESTMENT PARTNERSHIPS PROGRAM
CITY OF MUSKEGON
COMMUNITY & NEIGHBORHOOD SERVICES
PROGRAM DESCRIPTION
2005 ALLOCATION OF FUNDS $337,000
Program Income (estimated) 60,000
HOME Community Housing Development Organizations (CHDO's) $105,000
As a participating jurisdiction, the City of Muskegon is required to provide oppmtunities for
Community Housing Development Organizations to utilize HOME funds to produce affordable
housing within the City of Muskegon. Funding will include the provision of technical assistance to
assist in building the capacity of CHDO's to produce affordable housing and for administrative
support of the organizations within the regulatory guidelines. Eligible activities include the
acquisition of vacant land or existing structures, the construction or rehabilitation of these properties
for occupancy by low to moderate-income individuals.
Tax-Reverted Infill: $65,000
The City of Muskegon will use the allocated HOME funding to construct a single-family home on
a designated tax-reverted lot not neighborhood specifically to be located in one of the city's
low/moderate-income eligible neighborhoods. The home is to be sold to a low/moderate family
whose income is at or near 80% of the city's median income. The potential owners will be recruited
with the assistance of one of the city's CHDO's. Downpayment assistance may be available through
the CHDO. The length of the affordabilityperiod will be detem1ined by the amount of HOME funds
used as a subsidy in the project.
Program Requirements
Properties must be purchased/ occupied by low to very-low income tenants, those with incomes at
or below 80% of area median income ..
Recapture provisions
The City elects to adopt the recapture of the homebuyer subsidy. The homebuyer subsidy will be
forgiven by the City at a rate of 11180 per month throughout the term of the affordability period.
Upon sale of the property by the homeowner within the affordability period, the homeowner will be
required to repay a prorated portion of the HOME funds used to subsidize the purchase of the home.
The property owner's return on investment at the point of sale will include:
The amount of the homebuyer's downpayment made from their own resources
The amount of mortgage principle repaid at the time of resale
The appreciated value of the property (Appraised value at resale less the appraised value of
the property at the time of purchase by the homeowner).
7
The homeowner will receive the full amount of the fair return only if sufficient sale proceeds remain
after all outstanding debt (including repayable HOME subsidy amounts) and closing costs are paid.
Any proceeds remaining after payment of the outstanding debt, closing costs, fair retum, and any
HOME subsidy repayment will be shared 50/50 between the homeowner and the City. Any funds
repaid to the City will be returned to the HOME trust fund. Repayment of the HOME subsidy
amount will not be required is the resale does not provide sufficient net proceeds to satisfy other
outstanding debt, pay closing costs, and offer a fair return on investment to the property owner.
Partial repayment may be required based on the amount of sales proceeds received by the
homeowner.
Tax-reverted Rehabilitation: $100,000
The City of Muskegon will use this funding to rehabilitate a single family structures obtained
through the tax-reversion process, the dangerous building list or through the U. S. Housing and
Urban Developments "Good Neighborhood Program".
The funding will be used to rehabilitate the dwelling to code. After the rehabilitation is completed
the structures will be sold to an income eligible low/moderate-income family through a partnership
with one of the communities CHDO's.
The future occupants will have incomes preferably below 65% of area median income. Any profits
obtained from this program will be reallocated to the local HOME funds. The recapture provisions
are the same as under the Infill program
HOME Administration: $33,700
The City of Muskegon will use the funding to administer all HOME programming.
Rental Rehabilitation Program $20,000
This program will provide funding for the rehabilitation of existing rental units located in the City
of Muskegon occupied by families whose annual incomes do not exceed 60 percent of the median
family income for the area, adjusted for family size. The City will provide a maximum of$30,000
by matching the owner's contribution to the rehabilitation. The property owner must contribute the
remaining development costs. Properties rehabilitated under this program must meet applicable local
building codes at the completion of the project.
Property owners will be eligible for assistance under the City's Rental Rehabilitation programs only
if there are no outstanding legal actions pending against them for chronic outstanding violations.
Landlords who have already received assistance under the HUD Rental Rehab program, the MSHDA
HOME Rental Rehab program, or the City's HOME Rental Rehab program will not be eligible for
additional assistance to the same properties. Qualifying property owners must be current on all taxes
and debts owed to the City of Muskegon prior to submitting their application for assistance, and
throughout the HOME affordability period.
Tenant Occupancy
For property receiving HOME Rental Rehabilitation assistance, the units must be occupied by
families with incomes at or below 80% of area median income, adjusted for family size. Income
determinations will be made at the time of application. Tenant occupancy and income will be re-
certified annually for the length of the applicable affordability period.
8
Monitoring
In compliance with CFR 24 91.230 the City of Muskegon requires all funded subreceipients and
Community Housing Development Organizations (CHDO's) to sign an agreement contract listing
their intended scope of services, a delineated budget and to include all required supporting
documentation. (i.e. 50 I C3 verification, list of staff demographics etc) As well as including in the
agreement all pertinent City of Muskegon and U.S. DepartmentofHousing and Urban Development
requirements.
In addition, all Subrecipients and CHDOS are required to submit quarterly progress reports detailing
the organization/agency accomplishments during the past quarter, and or the number of minorities
and or low and moderate income residents served.
The City of Muskegon Community and Neighborhood Services also physically monitors all
Subreciepients and CHDO's at their sites once a year which includes reviewing policies, procedures
as well as activities and accomplishments.
RELEVANT NARRATIVE STATEMENTS
Issue: Continuum of Care Strategy for the Homeless
Muskegon County's Continuum of Carel can be viewed as four interconnected phases.
Phase One is an outreach and entry phase. The homeless, near homeless, and the working poor at
risk ofhomelessness are identified by organizations that provide life-sustaining assistance ... shelter,
food and financial support. These entities include the Salvation Army, City Rescue Mission, Red
Cross, Community Action Against Poverty, Every Woman's Place, Catholic Human Development
Outreach and the COGIC Center of Trinity Village. Their obligation to this strategic plan is to
identify and perform an initial assessment. This process allows referral to safe shelter for the
homeless and to case management services for the near homeless to prevent the loss of home.
Phase Two is a barrier identification and case management phase. During this phase, client
issues are explored more intensely, and individual, client-driven case management plans are
designed. Additional services from the community are then "wrapped around" the client that
addresses the barriers to safe housing and economic stability. These may include employment
assessment and training, substance abuse treatment, support services education, health and dental
care provisions, legal support, individual and family counseling and movement into a transitional
living situation. The near homeless continue to be monitored and supported to prevent their loss of
home. Organizations involved at this time include Family Centers, Legal Aid, Treatment Centers,
County Employment and Training sites, Health Care providers, and mental health specialists. It
should be noted that even with expensive services in this Phase, a lack of transitional housing can
result in a "revolving door" situation, with clients returning into Phase One.
Phase Three continues the case management plan, with additional emphasis on self-
supporting ski lis such as gaining and retaining a life sustaining wage, budgeting, parenting,
permanent housing education and nutrition. Clients in this phase are moved toward permanent
housing, if previously homeless, or toward greater stability if identified originally as near homeless.
Housing education stresses home ownership as a prefen·ed strategy over renting. In this phase,
Housing Commissions, financial institutions, neighborhood associates and the faith-based
community are included.
9
Clients in Phase Four are supported in their efforts to gain and maintain a permanent
residence, both physically and financially. Section 8 housing vouchers, city renovation project
grants, and low or no-cost reclamation loans are sought for this purpose. Support services are
offered as required to continue the development and stability of the family toward self-sufficiency
and economic sustainability. Case management services taper off as clients become more self-
reliant.
Priorities in Muskegon County include suppoti for emergency shelters, additional transition
housing units, and a computerized case management system for data collection and analysis.
Issue: Fair Housing Needs Impediments
The City of Muskegon continuously works to assure that any impediments to fair housing
opportunities are removed. It is the City of Muskegon administration position that the 2000 Census
will illustrate that the City of Muskegon has seen a shift in housing patterns in the last 10 to 15 years
where minorities are residing in areas of the city formerly only occupied by white residents. Some
of the credit for this shift can be attributed to the work of the nonprofit community promotion of
homeownership and also the local realtor community, which has been promoting homeownership
throughout the City. The City of Muskegon has also increased the availability of quality housing
within the city in a number of ways. The City's Infill programs have given the opportunity to low and
moderate-income residents to purchase home they would not be able to afford with out the subsidy.
In the last decade the City of Muskegon has also experienced a significant increase in the availability
of quality rental housing. Several complexes have been built by the private market offering quality-
housing opportunities for low and moderate-income residents which includes rental assistance. Even
with the increase in available rental housing there still appears to be a need for addition rental
assistance. During the period of March 18, 2002 thru March 22 2002, the Muskegon Housing
Commission advertised open enrollment for ·its Section 8 vouchers/certificates a total of
approximately 1257 applications were received by the Housing Commission from the public hoping
to obtain rental assistance. January 9, 2003, Muskegon Heights had an open enrollment for their
Section 8 program. A total of I ,000 applications were accepted at that time.
The City of Muskegon Inspection department has aggressively implemented a policy that targets
substandard housing in the City, requiring that the housing is brought up to code in a quality manner
by the owner or the housing is demolished which eliminates the substandard housing from the City's
housing stock and also eliminates the possibility of the substandard housing being rented and or sold
to someone not in a quality condition.
Anyone wishing to make a complaint concerning housing related issues is directed to the City of
Muskegon Affirn1ative Action office.
Issue: Welfare Reform Impact
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 represents significant
changes in perceptions of 'welfare reforn1'. The challenges represented are critical to all segments
of a given community, and the City of Muskegon is no exception. The Dept. of HUD is promoting
a three-pronged response to begin addressing this issue, and the City of Muskegon will make every
attempt to expand its partnerships with HUD, the State of Michigan, and community organizations
to provide viable services to its residents affected by the legislation by promoting the following
endeavors:
10
* Support for the creation of job opportunity through economic development
activities;
* Support and monitoring of innovative uses of tenant-based rental assistance
linking welfare recipients to jobs;
* Support and continued promotion of the family self-sufficiency concept;
* Provide supportive technical assistance when needed, to help welfare
recipients make the transition from dependency to work through expansion
initiatives, funding for supportive services and encourage initiatives that
provide access to education and job training.
The City acknowledges several area agencies that provide assistance and supportive services with
these common goals, and will continue to expand its role and partnerships, as debate on this issue
and its impact continue to be assessed.
Issue: Lead Paint Hazard Reduction
The City will continue to coordinate actions toward reduction of lead hazards in housing units with
the Muskegon County Health Department, particularly in homes occupied by children under the age
of seven-(7), and with elevated blood lead levels. Although, the number of homes rehabilitated
under the City's housing programs remain a small portion of units suspected to have lead hazards,
the County Health Department continues to focus on the existence of hazards in the community and
employees various strategies through area social service agencies for abatement, education, screening
and coordination.
The City's actions toward eradication of this particular hazard to the community involves the
following:
* Continued support and coordination with the Muskegon County Health Department;
* Priority consideration under housing programs to households with children with elevated
blood lead levels;
* Allocation of CDBG/HOME funding for lead hazard abatement and remediation in
rehabilitated homes; and
* Provision of the most current infmmation, data analysis, and prevention methods to the
general public through brochures, pamphlets and other education materials on the risks
of lead poisoning.
Under the City's HOME Program, certain activities involve the acquisition and/or sale of single-
family properties and investor-rehabilitation assistance for rental properties. Under this program,
the following actions apply for purchase, rental, and renovation ofpre-1978 housing units:
* Investor/Landlords must disclose known information on lead-based paint hazards before
leases take effect;
* Sellers must disclose known information on lead-based paint hazards before selling a
housing unit; buyers have a minimum of ten (1 0) days to check for hazards; and
11
* Rehabilitation activities will include specific inspection specifications and procedures for
use by contractors performing construction services.
The City of Muskegon has worked diligently to train both its staff and its contractors in lead paint
remediation. The CNS office has four members of its staff certified in safe work practices. Its
rehabilitation inspector is certified in lead supervision and as a lead wiper. The City has also
financed the training of a total of approximately 62 area contractors in safe work practices and a total
of seven as Lead Based Paint supervisors. The City of Muskegon currently has a qualified staff
person who is authorized to teach the safe work practices class and is plaill1ing to offer several in
house training classes.
Public Housing
The Muskegon Housing Commission an independent agency from the City of Muskegon is not
eligible for the Comprehensive Grant because of the number of housing units in its inventory.
During this fiscal year the City of Muskegon Community and Neighborhood Services Office assisted
the Muskegon Housing Commission by conducting the Environmental Review assessment for the
Commission Capital Fund grant.
According to the Muskegon Housing Commission's Aill1ual Public Housing Plan the Commission
has nine goals for this fiscal year.
1. Manage the Commission's public housing program in an efficient and effective manner to
achieve minimum status as a standard performer.
2. Continue to provide a safe and secure environment in the Muskegon Housing Commission's
public housing development known as Hartford Terrace.
3. Close out Turnkey III program
4. Expand Section 8 Housing Voucher program opportunities for low income families
5. Close out 5(h) Homeownership program
6. Expand Family self-sufficiency, Community and Supportive Services Opportunities.
7. Expand activities for residents at Hartford Terrace
8. Seek to improve Resident Assessment Satisfaction Survey results
9. Continue to modernize Hartford TeiTace Apartment Complex
HOUSING AND COMMUNITY DEVELOPMENT NEEDS
Conditions
The overall condition of housing units in Muskegon is good. Much of the City's substandard housing
stock has been eliminated over the past 20 years through Urban Renewal and the City's ongoing
demolition program. On the other hand the number of the city's housing units continue to need
repairs. Reinvestment in the City's housing stock has decreased with the decline in city property
values which has lead to further deterioration and a decrease in the number of units which are
suitable for rehabilitation.
Housing Needs
The greatest housing problem occurs in non-elderly renter households. In 1980, fifty-five percent
of the city's low-income households were homeowners and 45% were renters. By 1990, the ratio had
reversed with only 345 of the City's very low-income households being homeowners and 66% were
renters, the 21% increase in the very low income rental population resulted in increased demand for
rental units that are affordable to the very low-income families, most of whom need some form of
income or rental subsidy to meet housing needs. 1.364 or 17% of the city's total owner-occupied
households have incomes between 51% and 80% of the area median. This is interesting because
12
it is 5% lower than the percentage of homeowners who fall below 50% of median income. The
higher percentage of very low-income homeowners can be explained by the large numbers of elderly
homeowners on fixed incomes that fall into the very low-income category. Most of these elderly
families purchased their homes when they were employed and lack sufficient funds to maintain the
homes.
Housing Market Conditions
According to the 2000 U.S. Census the City of Muskegon had 15,999 housing units; 8,284 owner
occupied, 6,285 renter and 1,430 vacant. A loss of 20 units occurred since 1990, but the loss was
higher than the City's population loss. Overall city vacancy rates have remained relatively stable.
However, among the subsidized rental properties that are designed to remain affordable to the city's
low-income residents, there are few vacancies other than normal turnover.
Affordable Housing Needs
Owner-occupied housing units and rental units are all in great need of maintenance and repair. There
is a need for additional rental subsidies for renter household. The Muskegon Housing Commission
is the designated Public Housing agency for the City. The Housing Commission has had a major
impact in the last few years creating affordable housing units. There is an extremely high demand
for Section 8 Rental Assistance. The Section 8 waiting list was recently open from March 18 thru
March 22,2002. During the period the Muskegon Housing Commission received a total 1257
applications for Section 8 rental assistance. Which illustrates the continuous need for additional
rental assistance for the low and moderate-income residents of Muskegon
Homeless Needs
The homeless exist in Muskegon County but are nearly invisible. A larger number of households
are at-risk ofhomelessness. These households use area food pantries, soup kitchens, and short tetm
rent assistance.
Precise data did not exist for the homeless and at-risk populations at the beginning of the City's five-
year plan; however changing economic trends and household demographics, have begun to formulate
a statistical database which identifies an increasing population. These trends are readily referred to
in the Muskegon Area Homeless Coalition Continuum of Care Plan, finalized during early, 2003.
This public policy approach and strategy for meeting the needs of the homeless and those
populations at risk of becoming homeless demonstrates that homelessness is not caused merely by
a lack of shelter, but involves a variety of underlying, unmet needs ---- physical, economic, and
social, and refines a stronger focus toward developing strategies to address these needs. The result
has enacted a specialized care system to move homeless persons to permanent housing with
associated support services to provide outreach, intake and assessment to be coordinated with a
centralized tracking system to define services, broad access to emergency shelters, transitional
housing and record demographic data of persons served. The expected outcome will guide the
allocation of resources addressed by the Consolidated Plan, with a broad-based approach, including
focussed discussion among surrounding municipalities, and area wide service providers to establish
a balanced system which includes emergency shelter, transitional housing, and associated supportive
assistance.
Public and Assisted Housing Needs
Name of Local Housing (LHA): Muskegon Housing Commission. The Commission operates
Hartford Terrace Apartments, a 160-unit elderly/disabled housing complex; Section 8 Tenant
Assistance vouchers/certificates.
13
Conditions of LHA units: There has been an effort in the last 2 years to conduct maJor
rehabilitation at the Housing Authority although money has been limited.
Barriers to Affordable Housing
There are no current or outstanding court orders, consent decrees or formal U.S. Department of
Housing & Urban Development sanctions which act as barriers to affordable housing within the City
of Muskegon. However in order to facilitate the City's efforts, the City has requested waivers
through the Enterprise Community project, as described below:
I. Waiver Request- Public Assistance Programs
The use of public assistance grants to offset employers' salary costs for newly hired
public assistance recipients in order to help recipients get jobs and to expand jobs.
Pilot projects which mandates job search for ADC applicants.
Extension ofMedicaid coverage to ADC clients entering the work force beyond the 12-
month period currently provided.
Exemption for one vehicle regardless of value from the current asset limitations.
2. Waiver Requests- Public Housing Facilities
Waiver to keep elderly families only in housing for elderly and not disabled residents of
any age.
Lead-Based Paint Strategy
The Muskegon County Health Department is the primary agency involved in the identification of
lead poisoning cases in the community and as such the lead agency for hazard identification and
treatment ofpersons with elevated blood levels of lead. Youth in Muskegon are at high 1isk for lead
poisoning for a number of reasons:
97% of the City's housing units were built before 1979
12% of the City's housing units are estimated in substandard condition
26% of the City's households are below the poverty level
41% of the City's housing units are rental with many concentrated in the inner city
Since September 2001 the City of Muskegon has tested all structures by a lead based risk assessor
in its rehabilitation programs excluding emergency repair and vinyl siding project.
Anti-Poverty Strategy
The City of Muskegon makes concerted efforts to enhance the quality oflife for all of its citizens,
including families and individuals living at or below federally established poverty standards. The
standards are defined by household income levels, tenure and makeup, extent of overcrowding and
substandard conditions, unemployment, human service needs, and homelessness.
In order to assist residents with breaking the cycle of poverty, the City has embarked on several
projects, to break the poverty cycle by implementation of several centrally focussed strategies:
14
* Encourage the improvement of existing housing conditions by continuing support of
City-administered housing programs, i.e. code enforcement, low-cost comprehensive
grant/loan repair assistance; continued encouragement and support for initiatives aimed
at first-time homebuyers, and mortgage financing which fosters affordable housing
opportunities, such as those currently provided by the Neighborhood Investment
Corporation.
* To create viable employment options by supporting area wide economic development
activities, including training and re-training of displaced workers, the development of
projects which target economic opportunity for designated poverty-level segments, and
to assist new and retain/expand existing businesses.
* By supplying funding when available to a number of public services that work diligently
to assist low income resident break the cycle of poverty. These public services include
areas of assistance that focus on health especially in the minority community, legal
services, childcare, transportation and education, parent support.
Coordination
As part of the community-based partnership organizations and agencies participating in the
development of the Consolidated Plan, over 100 local service providers were consulted.
Overwhelming support was provided, with many agencies offering additional programs and
resources, such as: The Muskegon Housing Commission, Muskegon Department of Social
Services (State of Michigan), Muskegon County Department of Community Mental Health,
Muskegon County Health Department, Michigan State Housing Development Authority and
Michigan Region 14 Area Agency on Aging.
The 2005 -2006 CDBG/HOME activities are significantly consistent with the priorities as developed
in the 2005-2010 Consolidated Plan.
The City is meeting all its stated housing priorities through its partnership with the CHDO's and its
in-house infill and emergency repair programs.
PRIORITY 1. To allocate at least the required amount of HOME funding to area CHDO's to assist
low-income with downpayment assistance and increase their ability to obtain mortgages.
PRIORITY 2. By working through the City's Infill project to increase the number of new homes
constructed within the targeted areas.
PRIORITY 3. Rehabilitate owner-occupied and rental structures through the community.
The non-housing priorities are consistent with those established in the Consolidated Plan because
the 2004 - 2005 activities in this category promote small business development and overall
community economic development.
PRIORITY I. To work collaboratively to increase new employers and the availability of skilled
workforce.
PRIORITY 2. Increase developable land in the areas of commercial, industrial and residential.
PRIORITY 3. Increase number of small businesses.
15
The City of Muskegon public service is highly correlated with the established Consolidated Plan that
was under the category of Neighborhood Objectives. The 2005-2006 activities consist of
infrastructure improvements, recreation activities, senior programs, education support and
neighborhood improvement programming.
The neighborhood priorities as developed in the Consolidated Plan are:
PRIORITY I. Increase Leisure Services activities/facilities.
PRIORITY 2. Improve quality of life in low/moderate income neighborhoods.
PRIORITY 3. Increase neighborhood retail opportunities
PRIORITY 4. Improve and upgrade city public safety equipment
PRIORITY 5. To continue to work with and when possible supply financial assistance to
subrecipients in the health field.
As in the past the City of Muskegon will periodically during fiscal year review its activities to assure
that the performances of its programs are meeting its goals and objectives. This will be
accomplished by reviewing subrecipients and CHDO's quarterly reports as well as conducting on-
site monitoring visits. As well as reviewing the department's performance on a monthly I quarterly
basis. All subrecipients and CHDO's are informed in their agreements that they have one year to
complete their projects (June I through May 31) unless an extension is granted by the City of
Muskegon Community and Neighborhood Services
Public Comment
The City of Muskegon advertised the availability of the 2005-2006 Action Plan in the Muskegon
Chronicle, the county's largest daily newspaper. The comment period for the Action Plan was
March 15, 2005 to April 15, 2005. The City received no comments during that period.
16
ACTION PLAN- YEAR 29
6101105 thru 5/31/2006
Community Development Block Grant Program
Description of Key Proposed Projects
AMOUNT
PROGRAM ADMINISTRATION $180,000
SHORELINE DRIVE- Bond Repayment 245,000
HOUSING REHABILITATION 411,500
PUBLIC IMPROVEMENTS 80,000
CODE ENFORCEMENT 40,000
RESIDENTIAL CLEARANCE 50,000
PUBLIC SERVICES 130,000
TOTAL-CDBG $1,136,500
HOME Investment Partnerships Program
Description of Key Proposed Projects
DEVELOPMENT
Tax-Reverted Infill 65,000
SUPPORT SERVICES
Certified Community Housing Development Organizations 105,000
HOUSING
Tax-Reverted Rehabilitation 100,000
Rental Rehabilitation 20,000
ADMINISTRATION 33,700
CONTIGENCY 13,300
TOTAL-HOME $337,000
17
Date: April1,2005
To: City Manager and City Commissioners
From: Robert Kuhn, Public Works Director
RE: Public Service Building Modifications
SUMMARY OF REQUEST:
We are requesting approval to purchase one heating and air
conditioning unit to service 2 offices being created in a shop area. This
equipment will also replace aging equipment for the conference room
and 3 other interior offices. By centralizing to one unit and eliminating 4
other units, energy savings are anticipated.
FINANCIAL IMPACT: $11,553.67
$50,000 has been earmarked for capital needs at the Public Service
Building in 2005.
BUDGET ACTION REQUIRED:
None needed.
STAFF RECOMMENDATION:
Recommend approval.
Memorandum
To: Bob Kuhn, Public Works Director
From: Bob Fountain
Date: 3-31-05
Ref: Heat and Air Conditioning Bids for Public Service Building
We are proposing to add heat and air conditioning to 6 offices at the Public
Service Building. The offices would be the Stockroom office, Sign
Fabricator's Office, Water Supervisors' Office, Conference Room, and the 2
new superintendent offices to be built.
We will eliminate: 4 widow air conditioners, 2 portable heaters, 1 shop unit
heater, 1 forced air furnace and 1 air conditioner compressor unit. The last 2
items are at the end of their life span. The 2 new offices are being remodeled
out of a shop area and need heat and air conditioning. The window air
conditioners and portable heaters that are to be eliminated are inefficient so
we anticipate energy savings with this change.
The bids are as follows.
1. East Muskegon Roofing and sheet metal. 1665 Holton Road, Muskegon,
Mi. 49445-1498, ($ 31,470.00)
2. AirPro Systems. 4680 Seng Road, Muskegon Mi. 49441, ($12,160.50)
3. Bowen Refrigeration, Heating & Cooling, 1152 Getty St, Muskegon Mi.
49442, ($ 11,553.67)
JR Gann called Don Bowen (Bowen Refrigeration, Heating & Cooling) to
ask about his bid being so much lower than the high bid, he advised his
quote was right and he would stand by it.
Therefore I recommend we take Bowen's low bid of$ 11,553.67
s-
'/- /2 - 0
~oos--3~ (c )
CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION
Small and Limited Projects
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
Michigan, and Bowen Refrigeration. Heating & Cooling ("Contractor"),
of Muskegon , Michigan, for a small or limited project, and is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and materials set forth in the Statement of
Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished
in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on
or before May 31. 2005.
Contractor will perform as set forth above for the complete contract price of$ 11.553.67
Conditions and Covenants
Contractor will comply with all laws, rules and regulations of the City, and any other local government
of the State of Michigan and the United States Government. Contractor will supply insurance as
required by separate written document, naming the City as an additional insured, if appropriate, and
shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the
City harmless against any and all claims for damages or costs made against the City arising from
Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of
any damage determined against the City.
Contractor certifies that it is eligible for performance of government work and has not been cited or
listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
Michigan or the Federal Government.
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
be liable for normal contractual remedies available to the City. In the event liquidated damages for
nonperformance age agreed to, the following amounts constitute liquidated damages:
$ N/A per day of nonperformance.
Nondiscrimination Compliance
Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the VietNam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.
The parties agree to performance of this contract by signing below. The effective date of this
agreement is April 13. 2005.
Contractor:
By i({ja.JuaLdL)
CITY OF MUSKEGON
By
vfl ,f{? . p
~
and ------------------------------
CITY OF MUSKEGON
Contract Between
City of Muskegon
and
Bowen Refrigeration , Heating & Cooling
STATEMENT OF WORK
See attached scope of services
Initials:
Contractor: _¥L
City:
1
~ If .
( taff member)
03/03/2005 12:09 2317330932 BOWEN HTG AND CLG PAGE 02
... "'"t·:'.'" ... .. •i
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PROPOSAL
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--.-Ml 49443
,
1-Rheem Corsaire furnace
93% efficient - 90,000 btu's
1·Rheem Corsaire air conditioner
10 SEER- 3 tons
Cased coil
6-Zone dampers
6-Programmable thermostats
Llneset
Gas piping
Ductwork to all rooms with fire dampers where needed
Venting
5 year parts warranty
1 year labor warranty
20 year heat exchanger warranty
WE PROPOSE hereby to furnish mato~alan<l labor- compl•ta In aCOQrdanco with tho abova apecifioaMns, for tha sum of:
dollars ($ 11,553.67
Paymanl to be made as fuUows~
In full upon completion
All material Is gu~ranleed to be as sped!~. AI! wot1< lO be completed In a pmresalooal
manner sccortlilg to .stantlal'd pm:l!ces. A"t'r18110ralkln or deviation fnJm ~ ~~lilfcatrons Aulhorlzod
involVIng eldra CQ6ls will bl) ~ ariy 1,1pon writtan Orders, and vAll bGOOJ'na Bn ex!JR ~aturo
Charge OVEif Hnl;l. @ove 'tho estlmale. All ®roEmen!S eontngent upon strli«J$. aoolden!B or
~ be)'OOd 0\Jr OOilfrol. OWner to carry fWI. 1omado, and 01Mr f*.eesaJY lnwrttnec. Otlr Note: Thi$ proposal may be
~rl<ers am flAy EXM!red bot Worker's Compens:a:lfon lm~urance. wHhdr.awn by us if not accepted wit;hin 30 days.
ACCEPTANCE Of' PROPOSAL- Tho obove orloes,
specllloa11QM and" eondl11ons am aatiefaclcuy l;t.nd aro hefaby scx:eplel;l. YrJu .are s~~m ____________________________________
e.uthortJ:cd to dO tM work BB epe.clfled. Paymllll'll Will be made BB CIJIIIrlOO at>OI/O,
Dareo!Acoeplance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
s~natu~-----------------------------------
PRODI.Jtrr1~12ftT
•
Date: April 12, 2005
- ---~
-----
1\. v ~ r.:. .r-eA
-\- ~ p .. - 0 ':>
~
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3 _,L. _7 pee: fo..re. I
To: City Manager and City Commissioners 0.. Co<ll-r~ct ~
From: Robert Kuhn, Public Works Director t .J,..4 r:JA)J
<>... \- T-...
.;-_, 1\-. S'",)fl
RE: Public Service Building Modifications
1 'j 1-!<=.. ~
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~l<r\C~
cof'j ·
SUMMARY OF REQUEST: ~-~-
We are requesting approval to purchase one heating and air
conditioning unit to service 2 offices being created in a shop area. This
equipment will also replace aging equipment for the conference room
and 3 other interior offices. By centralizing to one unit and eliminating 4
other units, energy savings are anticipated.
FINANCIAL IMPACT: $11,553.67
$50,000 has been earmarked for capital needs at the Public Service
Building in 2005.
BUDGET ACTION REQUIRED:
None needed.
STAFF RECOMMENDATION:
Recommend approval.
Date: April 12, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Signal Maintenance for Public Crossing over CSX's
tracks
SUMMARY OF REQUEST:
Authorize staff to issue a payment of $30,000 due CSX from the city for the nine (9) public
crossing over active CSX tracks. The attorney's office reviewed the claims by CSX and
found them to be accurate in their demand for compensation as called for in Public Act 354,
adopted in 1994. Staff was not aware of such charges until the bill was received in March of
05.
The amount requested was negotiated down with CSX to $30,000 from the amount
originally requested of $37,530.
FINANCIAL IMPACT:
$30,000
BUDGET ACTION REQUIRED:
This additional expense will be reported on the upcoming quarterly budget update
STAFF RECOMMENDATION:
Authorize payment to CSX for $30,000.
COMMITTEE RECOMMENDATION:
PARMENTER O'TOOLE
Attomeys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
March 24, 2005
Mohammad AI-Shatel
City Engineer
City of Muskegon
933 Terrace St.
Muskegon MI 49443
Re: CSX Transportation Signal Maintenance Reimbursement
Dear Mr. AI-Shatel,
You asked for our opinion regarding CSX Transportation's March 9, 2005 written request for
$37,530 in reimbursement expenses for physical inspections of its automatic railroad signals
located in the City of Muskegon.
It is our opinion that CSXT is legally correct that MCL 462.315(3) requires the City to annually
reimburse CSXT a fixed amount for inspection of each of their "active traffic control devices"
located within the City of Muskegon. They are also correct that this fixed amount was increased
by the state legislature in 2001, and they are only allowed to collect their expenses for the past
stx years.
While it is our opinion that their legal conclusions are correct, we recommend that you inquire
into the factual accuracy of their invoice, in order to ensure that the active control devices in fact
exist at the stated crossings, and CSXT's classifications are cotTect.
If you have any further questions or concerns, please feel free to contact me.
Sincerely,;; .,
.. ·····--7 .
' / ; ..--·fv,.--:'_<'_, l"f ::C---7 -0
_./ ~:""?.;·~ C-;<'/
-·
..-(:_ _-/
&-"""... L_., L./{.o'-'' / .•
Adam Zuwerink
Direct: 231.722.5400
agz@parrnenterlaw.com
G:\EDSI\FJLES\00100\085015\LETTER\C3522J.DOC
csx:
TRANSPORTATION
500 Water Street, Jl80
Jacksonville, FL 32202-4420
Phone: 904-633-4599
Fax: 904-633-4581
March 9, 2005
Mohammed Al-Shatel RECEIVED
City Engineer CllY OF MUSKEGON
City of Muskegon
933 Terrace Street MAR 14 2005
Muskegon,MI49443 ENGINEERING DEPARTMENT
Dear Mr. Al-Shatel,
CSX Transportation recently completed a physical inspection and audit of the automatic signal
protection devices currently existing at public road crossings in Muskegon County. We
identified that we failed to bill signal maintenance reimbursement amounts due CSX from the
City of Muskegon as provided by Michigan Public Act 354 of 1993 and Public Act 5 of2001.
The attached listing of the failures to bill is presented for your review and verification prior to
our issuance of an invoice to assess $37,530 in unbilled signal maintenance charges due CSX
for the current and previous 5 year period as allowed by the statute of limitations. Enclosed are
copies of Public Acts 354 and 5 that also contain the schedule of annual fees that should have
been assessed for the billing periods as ready reference and in support of the charges.
Because ofthe large amount that has accrued over the years and to lessen the financial impact
to the City, CSX is agreeable to accepting two equal payments of $18,765 each with one due
now and the other half due July I, 2005 at the start of the next fiscal year. It should be realized
that because of the statute of limitations, the City avoided paying over five years of signal
maintenance reimbursement expense that CSX should have billed beginning January 14, 1994,
the effective date ofPA 354.
Please respond within 20 days of receipt of this letter to advise of any discrepancies to enable
correction of our records before preparing an appropriate invoice that will be sent to your
attention within the next 25 days. We apologize for our failures to promptly bill the charges and
appreciate your cooperation and understanding in this matter. We have enjoyed a beneficial
relationship within the community and look forward to maintaining that relationship.
Please contact me if you have questions or require additional information regarding the above.
Sincerely,
hitemore
Director-Property Management
Property Services
City of Muskegon Signal maintenance 3/8/2005
Page1
Affinnative Adion
(231) 724-6703
FAX (231) 722-1214
Assessor
(231) 724-6708
FAX (231) 726-5181
Cemetery
(231) 724-6783
FAX (231) 726-5617
City Manager
(231) 724-6724 West l'IHchigan's Shoreline City
FAX (231) 722-1214 www.shorelinecity.com
Civil Service
(231) 724-6716
March 16,2005
FAX (231) 724-4405
Clerk
(231) 724-6705
FAX (231) 724-4178
Comm. & Neigh.
Services
(231) 724-6717
FAX (231) 726-2501
John Schrier
Engineering Parmenter O'Toole
(231) 724-6707
FAX (231) 727-6904 175 W Apple
Finance
Muskegon,MI 49443
(231) 724-6713
FAX (231) 724-6768
Fire Department Dear Mr. Schrier:
(231) 724-6792
FAX (231) 724-6985
Please review the enclosed documents from CSXT and provide me with your
Income Tax
(231) 724-6770 understanding.
FAX (231) 724-6768
Info. Technology As I read through the acts provided, I do not see anywhere indicating an annual payment
(231)724-4126
FAX (231) 722-4301
of the claimed amount. I do understand that there is an obligation to pay such an
amount, but I'm not sure if it is a one-time payment (which may have been paid at the
Inspection Services
(231) 724-6715 time if the initial installation) or if the amount listed should be paid annually.
FAX (231) 728-4371
Leisure Services Should you have any questions, please contact me at (231) 724-6944, (23 I) 724-6994 or
(231) 724-6704
FAX(231)724-1196
via e-mail.
Mayor's Office
(231) 724-6701
FAX (23 I) 722-1214 Sincerely,
Planning/Zoning
(231) 724-6702
FAX (231) 724-6790
/)1/ir
Police Department '
(231) 724-6750
Mohammed AI-Shatel, P.E.
FAX (23 I) 722-5140 City Engineer
Public Works
(231) 724-4100
FAX (231)722-4188
Treasurer MSA/eh
(23 I) 724-6720
FAX (231) 724-6768
Water Billing
(231)724-6718
FAX (231) 724-6768
Water Filtration
(231 )724-4106
FAX (231) 755-5290
City of Muskegon, 933 Terrace Street, P.O. Dox 536, Muskegon, Ml49443-0536
htl p://www .shore Iinee i I v.com
\\Muskdata\Data\ENGINEERING\COMMON\Mo's Various Mcmos\Letter to Schrier re CSXT fces.doc
CSX Transportation
Schedule of Fees for Railroad Signal Maintenance Reimbursement
Due From Michigan Road Authorities as Established by
Public Act 35-t of 1993 and Public Act 5 of2001
Signal PA354 PAS
Class Description Amount Amount
Class l Flashers & Bells, Single Track $580 $760
Class 2 Flashers, Bells & Gates, Single Track $750 $830
Class 3 Flashers & Bells, Cantilever Arm, Single Track $520 $895
Class 4 Flashers & Bells, Cantilever Arm & Gates, Single Track S I ,040 s 1,215
Class 5 Flashers, Bells & Gates, Multiple Tracks $940 $1,230
Class 6 Flashers & Bells, Cantilever Arm & Gates, Multiple Tracks $1,050 S I ,630
Class 7 Flashers & Bells, Multiple Tracks (new class in 200 l) $725
Class 8 Flashers & Bells, Cantilever Arm, Multiple Tracks (new class in 2001) $1,005
The above fees are due CSX on an annual basis and billed in arrears for each annual period.
Public Act 354 fees were effective January 14, 1994
Public Act 5 fees were effective April l 0, 200 l
MRA i<obert f. Chapmka
,vfiCHICAN rr~·uderu
RAILROADS
ASSOCIATION April !8, 200 l
GENERAL COMMITIEE
Ms. Gloria R. Combe, eN-Chairperson
Mr. Thomas G. Drake, CSX
Mr. Marc Higginbotham, NS
Mr. John Larkin, E&LS
Mr. John F. Marshall, LS&l
O,.fr. Randy Marsh, CP
Mr. J. Reilly McCarren, WC/SSMB
Mr. Bim ,vfcGeehan, Conr:1il
Mr. Charles A. Pinkerton, CM
Mr. Larry Ross, HEIGR.EilvGvfiMS/SV
Mr. James E. Shepherd, TSB
Mr. Jim Erickson, AA, Associate Member
RE: Public Act 5 of2001 (H.B. 42J4) Increases Fees That Railroad Companies Can Charge Road
Authorities for Maintaining Lights and Gates at Highway/Rail Grade Crossings.
Dear Com.mirree Members:
Enclosed for your information (s Public Act 5 of200! (H.B. 4234), which was signed into law by
Governor John Engler on April I 0, 200 !. Public Act 5 amends the Railroad Code of 1993 to increase the
amount that road authorities are required to contribute annually to railroads for the maintenance of active
traffic control devices at highway/rail grade crossings not covered by existing or future railroad-road
authority agreements. Public Act 5 also requw..s lfJ.at by Januarj l, 20 I 0 and every ten years thereafter,
the Department ofTransportation complete a study to determine traffic control device maintenance costs
and forward a copy to the committees of the House and Senate that consider railroad legislation. It would
then be up to the legislature to enact the revised fees.
The new annual fee structure contained in P .A. 5 is as follows:
.i • Si60 (rather that S580) for flashing signals on a single track;
.2. • S8JO (rather than Si50) fOr flashing signals and gates on a single track,
3 • :5895 (rather than $520) for flashing signals with cantilever arm on a single track;
'-/ • :S I ,215 (rather than SI ,040) for flashing signals with cantilever arm with gates on a singk uack;
!> • :S I ,230 (rather c.han $940) for flashing signals and gates on multiple tracks; and
~ • :S I,630 (rather than SI, !50) for flashing signals with cantilever arms and gates on a multiple track.
109 W. Michig.1n A11e., Suite !030 • L.Hts1ng. M.ichig.m -489JJ. t 769 • (5 17) "'82·94 I J • FAX ~82·9225
~,._..,,I . .....,,,...h .-..I_ • -'·""-
General Comminee
April13,2001
Page Two
Also, P.A. 5 sers conw-ibution amounts for two new categories of traffic control devices:
7 • S725 for flashing signals on a multiple track; and
'if • Sl ,005 fodlashing signals with cantilever arms on a multiple track.
The new fee structure takes effect lrn.mediarely, however Stare Representative Jason .-\!len (R- Traverse
City), spo!LSor of this legislation, has asked me to convey ro railroad companies that they not press a road
authority for the~ fees for the remainder of their fiscal year if the road authority objects because the
increase was not included in their budget for this year.
The Michigan Railroads Association asked Rep. Allen to introduce House Bill 4234. Therefore, I ask that
you rake a minute to send a thank you letter to him for introducing and pushing this legislation through
which v.illmcrease by 23% the amount railroads will be able to receive from road authorities to maintain
safety enhancements at highway/rail grade crossings. Rep. Allen's mailing address is:
The Honorable Jason Allen
. Michigan House of Representatives
P.O. Box 300!4
Lansing, /vii 48909-7 5!4
Thank you.
Sincerely,
Robert J. Chapm.ka
Enclosure
Cc: MRA Crossing/Engineering Commirtee
MRA Law Commirree __.-
M. Ruehling, CSX
'·
Act No.5
Public Acts ol2001
Approved by the Governor
April 11, 2001
Filed with the Secretary of State
April 12, 2001
EFFECTIVE DATE: April 12, 2001
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2001
Introduced by Rep. Allen
ENROLLED HOUSE BILL No. 4234
AN ACT to amend 1993 PA 354, entitled "An act to revise, consolidate, and codify the laws relating to railroads and
their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to
create certain funds: to provide for the disposition of certain money; to provide remedies and penalties; and to repeal
certain acts and parts of acts,'' by amending section 315 ('MCL 4132.315).
The People of the State of Michigan enact:
Sec. 315. (1) The department, by order, in accordance with section 301, may prescribe active traffic control devices
to warn of the approach of trains about to cross a street or highway at public railroad grade crossings consisting of
signals with signs, circuitry, or crossing gates and other appurtenances as depicted in the Michigan manual of uniform
traffic control devices. A detennination shall detail the number, type, and location of signals with signs, circuitry, or
gates and appurtenances, which, however, shall confonn as closely as possible with generally recognized national
standards.
(2) Except as otherwise provided for in this act, the cost of anY installation, alteration, or modernization of active
traffic control devices shall be at equal expense of the railroad and road authority.
(3) A.fter initial installation, all active traffic control devices, circuitry, and appurtenances at crossings shall be
maintained, enhanced, renewed, and replaced by the railroad at its own expense, except that the road authority shall
pay $760.00 for flashing signals on a single track, $830.00 for flashing signals and gates on a single track, $895.00 for
flashing signals with cantilever ann on a single track, $1,215.00 for flashing signals with cantilever ann with gates on a
single track, $1,230.00 for flashing signals and gates on multiple tracks, $1,630.00 for flashing signals with cantilever
anns and gates on a multiple track, $725.00 for flashing signals on a multiple track, and $1,005.00 for flashing signals
with cantilever arms on a multiple track annually for maintenance to the railroad for each crossing with active traffic
control devices not covered by existing or future railroad-road authority agreements. The railroad shall furnish
standard equipment uniform for all railroads at a cost and installation basis consistent for all railroads. By January 1,
2010 and every 10 years after 2010, the department shall complete a study to detennine the cost of maintenance of
active trclffic control devices and shall forward a copy of the study to the members of the house and senate committees
that consider railroad legislation.
(4) Standard active railroad-highway traffic control devices consisting of side of street flashing light signals with or
without half-roadway gates and cantilevers shall include the railroad crossing (crossbuck) sign, "stop on red signal'' sign,
and number of tracks sign located, designed, and maintained on the signal support as prescribed by the Michigan
manual of uniform traffic control devices. The railroad shall perform actual installation and maintenance of these signs.
The railroad shall also install, renew, and maintain any signs placed on cantilevered signal supports. Whenever active
traffic control devices are installed at any crossing, they shall be so arranged that for every train or switching
movement over the grade crossing, the active trJ.ffic control device shall be in operation for a period of not less than
(2)
'··
20 seconds or more than 60 seconds in advance of the train movement reaching the nearest established rurb line Qr
highway shoulder and the devices shall continue to operate until the train movement has passed the established curb
line or shoulder on the far side of the highway.
(5) The department may order a railroad, at the railroad's expense, to stop and flag a crossing for normal train
service or when active traffic control devices may become inoperable.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved---------------
Governor.
!:'age l ot
·~i'·
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RAILROAD CODE OF 1993 (EXCERPT)
Act 354 of 1993
-all combined into one document
~ Chapter 462
~ Act 354 of 1993 462.101 Short title.
Sec. 101.
~ Section 462.101 This act shall be known and may be cited as the "railroad code of 1993".
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994.
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~ Act 3S4 of 1993 462.315 Active traffic control devices.
Sec. 315.
~ Section 462.31S (1) The department, by order, in accordance with section 301, may prescribe
active traffic control devices to warn of the approach of trains about to cross a
street or highway at public railroad grade crossings consisting of signals with
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(3) After initial installation, all active traffic control devices, circuitry, and
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replaced by the railroad at its own expense, except that the road authority shall
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pay $760.00 for flashing signals on a single track, $830.00 for flashing signals
Session Schedules and gates on a single track, $895.00 for flashing signals with cantilever arm on
Search Wizard a single track, $1,215.00 for flashing signals with cantilever arm with gates on
Basic Search a single track, $1,230.00 for flashing signals and gates on multiple tracks,
Advanced Search $1,630.00 for flashing signals with cantilever arms and gates on a multiple
Laws track, $725.00 for flashing signals on a multiple track, and $1,005.00 for
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(4) Standard active railroad-highway traffic control devices consisting of side of
street flashing light signals with or without half-roadway gates and cantilevers
MCL Tables
shall include the railroad crossing (crossbuck) sign, "stop on red signal" sign,
Publications and number of tracks sign located, designed, and maintained on the signal
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support as prescribed by the Michigan manual of uniform traffic control devices.
Publications (text only) The railroad shall perform actual installation and maintenance of these signs.
Related Sites The railroad shall also install, renew, and maintain any signs placed on
Related Sites cantilevered signal supports. Whenever active traffic control devices are
Legislative PDA Pages installed at any crossing, they shall be so arranged that for every train or
switching movement over the grade crossing, the active traffic control device
shall be in operation for a period of not less than 20 seconds or more than 60
seconds in advance of the train movement reaching the nearest established
wrb line or highway shoulder and the devices shall continue to operate until the
:ltp://www m ichiganlegis lature. org/mileg. asp') page=getObj ect&objName=mcl-462- J l5&highlight= 712/2004
train "1ovement has passed the established <..urb line or shoulder on the far side
of the highway.
(5) The department may order a railroad, at the railroad's expense, to stop and
flag a crossing for normal train service or when active traffic control devices
may become inoperable.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994 ;--Am.
2001, Act 5, Imd. Eff. Apr. 12, 2001
© 2004 Legislative Council, State of Michigan
The Michigan Legislature Website is a free service of the Legislative Internet Technology Team in
cooperation with the Michigan Legislative Council, the Michigan House of Representatives, and the
Michigan Senate.
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and is subject to revision. The Legislature presents this information, without warranties, express or
implied, regarding the information's accuracy, timeliness, or completeness. If you believe the
information is inaccurate, out-of-date, or incomplete or if you have problems accessing or reading the
information, please send your concerns to the appropriate agency using the online Comment Form.
Please call the Michigan Law Library at (517) 373-0630 for legal reference questions.
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1ttp://www. michiganlegislature.org/mileg.as p?page=getObject&objName=mcl-462-3 l5&highl ight= 7/2/2004
Date: April12, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Pine St., Laketon Ave. to Dale Ave.
SUMMARY OF REQUEST:
The milling and resurfacing contract (H-1601) on Pine St. between Laketon Ave. and Dale
Ave. be awarded to Asphalt Paving, Inc. out of Muskegon, MI. Asphalt Paving, Inc. was
the lowest, see attached bid tabulation, responsible bidder with a bid price of $33,445.60.
FINANCIAL IMPACT:
The construction cost of $33,445.60 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Asphalt Paving, Inc.
COMMITTEE RECOMMENDATION:
H-1601 PINE ST., LAKETON AVE. TO DALE AVE.
BID TABULATION 04/05/05
!,.;UN I ASPHALT PAVING, INC. ACCURATE EXCAVATORS I BRENNER EXCAVATING C & D HUGHES
ADDRESS 1000 E. SHERMAN BLVD 4040 CENTRAL RD. 2841 132ND AVE. 3097 LANSING RD
ENGINEER'S ESTIMATE Ml 49445 no• Ml49328 i:J.lARtnTT Ml 48813
ITEM OF \'\fORK UNil UN!l "OTAL PRICE I UNIT COSl PRICE TAL PRICE
EACH 225.t 5 500.00
.. DJUST ,.,,..,., ........... ._.....,...,, "~'" EACH $350. ,050.1 5 1,500.00
~ AGGREGATE PREPARATOR'/ vvvru\. STA.
~ BITUMINOUS LEVELING MIX 3C 165#/ SQ. YO. Tc $50. !33.:
i BITUMINOUS TOP MIX4C 165#/ SQ. YD. Tc "$55. ,120.1 71"5.20 $ 50.00
ti CATCH BASIN CASTING E.J.I.W. #7045 OR EQUAL TA $575. 575.1 ,5.0( :so.oo $ 800.00 61
7 CONCRETE CURB AND GUTTER STD. DETAIL 1 600.1 !0.00 96.00 $ 26.00
° CONCRETE SlnFWAI I( A" 2,270.( !.50 8.50 $ 5.50 _bo
9 MANHOLE CASTING E.J.LW. #1000 C
10 REMOVING BIT. SURFACE 3" PLUS OR MiNDSi 2l
CONCRETE CURB
r;.crvrvvu•.n.:r CONCRETE CURB & GUTTER
I REMOVING CONCRE
_14 TRAFFIC CONTROL .UMF 4,70( z,o3s.oo I s s,oor 15,0(
Date: April 11 , 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transmittal of 2004 Comprehensive Annual Financial Report
SUMMARY OF REQUEST: The City's 2004 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. At this time
the CAFR is being formally transmitted to the Commission in accordance with state
law. The 2004 CAFR has been prepared in accordance with GASB 34 accounting
standards. The 2004 CAFR also includes the "single-audif' of federal grants.
Previously, the single audit was filed as a separate report.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2004 and includes the independent auditor's unqualified opinion on the
City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2004 CAFR.
COMMITTEE RECOMMENDATION: There is no committee recommendation
at this time.
9/18/97
Date: April 12, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement By:
Lake Express LLC
SUMMARY OF REQUEST:
Lake Express LLC has requested your permission to erect directional sign on the Lakeshore
Dr. public right of way. The proposed location of the sign is the northwesterly corner of the
intersection of Lakeshore Dr. & Estes (assumption is Estes is a north-south direction).
The sign will be a double face lit-up and raised about 10' above the sidewalk surface.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITTEE RECOMMENDATION:
2 inch x 2 inch x 66 inch
CROSS LAKE FERRY
48.5 inches
ENTRANCE
66lnches -----------i~
8inches
10 -14feet high
3502
~
LAKE<;;J<PRESS USBANK
LAKE EXPRESS, LLC
12-2-750 4/4/2005
2330 S. UNCOLN MEMORIAL DRIVE
MILWAUKEE, WI 53207
PAY TO THE City of Muskegon **100.00
ORDER OF $
Oneffundredand00/100************************************************************************************************ ~
DOLLARS ~
City of Muskegon iE
Attn: City Treasurer "
~
933 Terrace Street J
~
P 0 Box 536 g
Muskegon Ml 49443-0536 w
·~nJ.-l>Ui-vvv~~ ..
MEMO 0399022501-9
u•oo :ISO 2u• •:O 7 SOD DO 2 2•: 1.8 2 :IS St,t, l.l,Ot,n•
LAKE EXP.RESS, LLC
City oiMusKegon 4/4/2005
Date Type Reference Original Amt. Balance Due Discount
3502
Payment
04/04/2005 Bill Sign Placement 100.00 100.00 100.00
Check Amount 100.00
US Bank 0399022501-9 100.00
William R. Sininger
Attorney at Law, PLLC
One East Apple Avenue, Suite B, Muskegon, Ml 49442
Telephone (231) 728-9023 - Fax (231) 726-3148 - Email: billsininger@verizon.ne/
March 8, 2005
RECEIVED
CITY OF MUSKEGON
City of Muskegon
Department of Engineering
Mohammed AI-Shatel
L MAR 28 2005
ENGINEERING DEPARTMENT
933 Terrace Street
Muskegon, Michigan 49440
RE: RC Productions, Inc./1756 Lakeshore Drive
Lake Express Request for Public Right-of-Way Encroachment Permit
Dear Ladies and Gentlemen:
This letter is written on behalf of RC Productions, Inc. who owns propmiy located at
1756 Lakeshore Drive, in anticipation of the filing of an Application for Permission to
Encroach Upon the Public Right-Of-Way to erect a sign on Laketon Drive by Lake
Express.
RC Productions is opposed to granting of such permission based upon the following:
I. The City of Muskegon has in the past in connection with the business
operated by RC Productions and other businesses in the area, been strict in the
enforcement of its sign ordinances. RC Productions was required to "jump through
several hoops" just to get its sign approved which is on site and well outside of the right-
of-way area. The City should not now decide to change its policies with which
everybody else has had to comply with.
2. The location of the sign in the public right-of-way creates not only clutter
but also with its close proximity with the roadway creates a dangerous situation for
traffic.
3. Alternate sites are available to Lake Express for the construction and
maintenance of a sign which do not involve encroaching on public right-of-way and
therefore no hardship or necessity exists.
City of Muskegon
March 8, 2005
Page 2
4. The request does not meet the criteria for a permit.
We are requesting that you advise us in writing as to time and place of any hearing to be
held on the above application.
WRS/hb
CC: Bryon L. Mazade
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CERTIFICATE OF INSURANCE
DATE: April6, 2005
THIS lS TO CERTIFY THAT THE POLJCY(lES) OF INSURANCE LISTED BELOW HAVE PLACED ON BEHALF OF THE INSURED NAMED BELOW
FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONS OF ANY CONTRACr OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN
AND/OR MAYBE REDUCED BY PAID CLAIMS.
INSURED: Lake Express, LLC
LosS PAYEE: Assured or order
TYPE OF
INSURANCE: Comprehensive Marine Liability, no signage exclusion
POLICIES No(S): LE-CNL-050404
VESSEL(S): 192 foot Passenger/ Car Ferry "Lake Express"
LIMIT: $1,000,000 Any One Accident Or Occmrence
$2,000,000 General Aggregate
$1,000,000 Products Completed Operations aggregate
$1,000,000 Personal Injury & Advertising Injmy Aggregate
$ 50,000 Fire Legal Liability
$ 5,000 Premises Medical Payments
PERIOD: Twelve months from May 4, 2004
INSURED WITH: Indemnity Ins. Company of North America
Certificate Holder: City of Muskegon
933 Terrace
Muskegon, Ml 49440
Att: Tim Paul
Certificate Holder (Owner) is included as an additional insured for their interests.
SHOULD ANY OF THE ABOVE DESCRIBED POLICY(IES) BE CANCELED BEFORE THE EXPIRATION DATES THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MA!L30
DAYS WRIHEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UI'ON THE COMPANY, IT'S AGENTS OR REPRESENTATIVES.
TillS CERTIFICATE Is ISSUED As A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERfiFICA TE DOES NOT
Ar>.-IEND, EXTEND OR ALTER COVERAGE AFFORDED BY THE POUCY(IES) ABOVE.
IAUTHORIZED SIGNATURE:
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CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this_·,,_i_' _day of /} .) 1 , c x_· 20 I.:), by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
-'-'-'AL-.cof"-"'-"~:___j!'-~-·--.t:_l-f(-'-1'-'-"-c>~:L,·L,_.::oc~c~c:__"=,·===---- (hereinafter called LICENSEE).
RECITALS
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City of Muskegon, the encroachment being described as
S1c1 N G .c, J:} !D F -r ,.) " Ce_ I N
(I I 'I . r' (J ~-) /'-\'
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2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please insert a general description, and if required by the city, an accurate legal description]
-
c I T, Co t,} /lT L. .ST<"'5 '.T
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3. The City is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
I. City does hereby grant unto LICENSEE the privilege of_constructing, _ __
installing, _ _ maintaining, _ _ _ repairing __ performing all necessary functions relating to the
encroachment, and for that purpose to enter the property, for the term hereing stated. This
():\ENGINEERING\COMMON\WORD\Biank Pcrmits\Encroachmcnt Agreement and Permit. doc
privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only
after approval of this agreement by the City Commission and delivery to the City of the required
evidence of insurance coverages.
This grant is subject to the following special conditions:
2. That LICENSEE shall pay to the City for the privilege hereby granted the sum of_
Ql}e 1/uaJcc/f buwj..v -/i'11e.. Dollars($ /,,?S<= ), such payment to be made upon the
signing of this agreement to be dated as of the l,?M day of 4ao' / 20~to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to
terminate the first day of May, r{(OJO, unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or
fines or awards brought against or charged to the city by any person, firm or corporation on account of
or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related
to the encroachment or this privilege. This indemnification obligation shall include all liabilities for
environmental damage or releases of hazardous substances subject to any governmental or third party
action. "Hazardous substance" is defined as any material constituting a prohibited or regulated
substance under governmental law, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan,
naming City as an additional insured on any such policy. LICENSEE will file with
2
();\ENGINEERING\COMMON\WORD\Blank J>ermits\Encroachmenl Agreement and Permit.doc
City certificates or policies evidencing such insurance coverage. The insurance policies or certificates
shall provide that the City shall be given thirty days written notice before a cancellation or change in
coverage may occur. The types of coverage and coverage limits to be required shall be as follows:
5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the
city a bond conforming with the requirements of any ordinance, and shall keep same in force during
the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
upon giving said LICENSEE _days of written notice of such cancellation and revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in writing to the city ____ days prior to such surrender; provided, however, that upon the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area
of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City
and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in
such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its
part to be performed hereunder, the privilege hereby granted shall immediately terminate and become
null and void.
3
():\ENGINEERING\COMMON\WORD\Biank Pcrmits\Encroachment Agreement nnd Pcnnit.doc
9. This agreement shal be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witnesses:
~~
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6ad !I YuaJ/grY', Clerk
4
0:\ENGINEERJNG\COMMON\WORD\Biank Permits\Encroachment Agreement and Permit.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the sign and any
removal or relocation that becomes necessary to facilitate other public
improvements projects within said right of way (s).
2- Grantee will maintain, for the duration of this agreement. a valid insurance coverage
satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- It shall be the responsibility of the owner to ensure that buried elements relative to
this sign are a part of the miss dig system at all times.
5- The city and/or it's agent are not responsible for any damage to the sign.
4289
~
LAKE "'EXPRESS USBANK
12·2·750 8/24/2005
LAKE EXPRESS, LLC
2330 S. LINCOLN MEMORIAL DRIVE
MILWAUKEE, WI 53207
~
0
0
PAY TO THE
ORDER OF
City Of Muskegon $ **25.00 !
Twenty-Five and 00/1 00**********"'******************************************************************************************
DOLLARS
City of Muskegon !
£
Attn: City Treasurer
933 Terrace Street J
·~
P 0 Box 536
Muskegon Ml 49443-0536 ~
qy(~~~~~~~- ----------..
MEMO 0399022501-9
11'00 1., 28 911• •:o 'i' 50000 2 2•: 1.8 2:15 5 t. t, 1o t,O 1.,11•
8/24/2005
28 9
Original Amt. Balance Due Discount PaymeM
25.00 25.00 25.00
Check Amount 25.00
;o;-ooooo- L/6::u
t:;r>C.A...A:)CcLf,~ /-ec,
O FAXED RECEIVED 0
SEP 0 1 2005
0 APPROVED POSTED 0
CITY OF MUSKEGON TREASURY
US Bank 0399022501-9 25.00
Date: April12, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Janitorial Services for 2005 - 2008
SUMMARY OF REQUEST:
To award a janitorial services contract to Reliant Professional Cleaning out of Grand Haven
to clean City Hall/Police Department and the Public Service Building for the next 3-years
starting May 1st 2005 and thru April 30th of 2008 with an option on a fourth year. Reliant was
the lowest responsible bidder, see attached tabulation sheet, with bid price as follow;
2005-06 2006-07 2007-08 Total
City Hall & P.D $40,435.04 $40,435.04 $41,166.04 $122,036.12
Public Service $12,459.60 $12,459.60 $12,699.60 $37,618.80
Building
Totals $52,894.64 $52,894.64 $53,865.64 $159,654.92
FINANCIAL IMPACT:
The above stated annual costs
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To award a three year contract to Reliant Professional Cleaning with an optional fourth.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON JANITORIAL SERVICES 2005-2008
BID TABULATION 04/06/05
CONTRACTOR EDWARDS JANITORIAL SERVICE RELIANT PROFESSIONAL CLEANING CSM SERVICES
ADDRESS 661 SCENIC DR. 216 N. 7TH ST. 3400 HIGHLAND DRIVE
N. MUSKEGON Ml 49445 GRAND HAVEN Ml 49417 HUDSONVILLE Ml 49426
ITEM OF WORK YEAR1 YEAR2 YEAR3 YEAR4(0PT YEAR1 YEAR2 YEAR 3 j YEAR 4 (OPT) YEAR1 YEAR2 YEAR3 YEAR4{0PT)
1 PUBLIC SERVICE BUILDING $ 17,628.00 $ 17,628.00 $ 17 628.00 $ 18,624.00 $ 12,459.60 $ 12,459.60 $ 12,699.60 $ 12,699.60 $ 17,741.80 $ 17,741.80 $ 17,741.80 $ -
2 CITY HALL $ 59,322.96 $ 59,322.96 $ 59 322.96 $ 61 464.00 $ 40,435.04 $ 40,435.04 $ 41166.04 $ 41,166.04 $ 51,481.84 $ 51,481.84 $ 51,481.84 $ -
3 ALL SITES $ 76,950.96 $ 76 950.96 $ 76,950.96 $ 80,088.00 $ 52 894.64 $ 52,894.64 $ 53,865,64 $ 53,865.64 $ 69,223.64 $ 69 223.64 $ 69,223,64
TOTAL3~YEAR CONTRACT COST $230 852.88 $159 654,92 $207 670.92
I I
CITY COMMISSION MEETING
AGENDA ITEM: April 11, 2005
MEMORANDUM
To: Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager --through the City Manager
Date: April 6, 2005
Re: LEAD Program- City Participation in GEAR UP 2011 Grant Proposal
SUMMARY OF REQUEST
Attached is a memo from Muskegon Public Schools requesting the City's partnership in
the above referenced program. Giving their tight timeline (they requested a response on
March 29, 2005) and the fact that what was requested of the City complies with the City
Commission's goal to "Foster Opportunities for City Youth", with the City Manager's
approval we consented to participate contingent upon City Commission approval.
I have also provided a summary breakdown of the type of in-kind service the City might
offer in exchange for students volunteer services at City activities.
FINANCIAL IMPACT
Largely In-Kind Service.
BUDGET ACTION REQUIRED
NIA.
STAFF RECOMMENDATION
Staff recommends partnering with Muskegon Public School to apply for GEAR UP 2011
Grant Proposal.
Approved by OMB 1840-0780
PARTNER IDENTIFICATION FORM AND COST SHARE WORKSHEET
Please complete one form for each partner (other than the Applicant Organization).
1. Institution'Organization:: City of Muskegon. J\.Iichigan
Point of Contact: Name: Lee Slaughter
Title: Assistant City Manager Department: Administration and Leisure Services
Address: 933 Terrace Street
City: Muskegon State: Michigan Zip: 49440
Telephone: 231-724-6724 e-mail: Lee.Siaughterril:postman.org Fax: 23 I-722-1214
2. Type of Organization:
o Local Education Agency Other types:
o Institution of Higher Education o Business
(check all that apply) o Community-based organization
A. o Four-Year or o Two-Year o Professional association
B. o Public or o Private o Philanthropic Organization
C. o College or o University o State Agency
D. o HBCU o HSI o TCCU o NHSI or o ANSI ** Other: City Government
.3. Non-Federal Fund contribution provided by Partner ·
YEARl YEAR3 ·.. YEAR4 . TOTAJ. __ ._•'
. .. YEARl . ,· : ·. ·, .. · ., . ·.. · .
YEARS
. ' .
YEAR6
·.·
1. Salaries and Wages $960 $360 $960 $360 $2640
2. Employee Benefits $338 $92 $338 $92 $860
3. Travel
4. Materials and Supplies
5. Consultants and
Contracts
6. Other $1600 $1600 $3200
A. Total Direct Costs $1600 $1600 $1298 $452 $1298 $452 $6700
(Sum oflines 1-6)
B. Total Indirect Costs:
(Cannot be greater than
8% of Total Direct Costs)
C. Equipment
D. Scholarships/Tuition
Assistance
E. TOTAL $1600 $1600 $1298 $452 $1298 $452 $6700
(Lines A+ B+ C+ D)
Please summarize the partner's specific support and commitment to the project in this space.
City will provide 12 hours per year in project years 3,4,5,and 6 of a staff member to link 18 students per year interested in public
service careers, with other city staff members for career mentoring visits. City will provide a staff member to help organize a student
leadership seminar in years 3 and 5 that will include 4 additional department heads to make presentations at seminar. Approximately
3 hrs. average time for the 5 city staffers involved in each seminar, for a total of 12 hours for each seminar. Seminar topics to include
the workings of city government, city services, operations of city boards, and skills for citizen participation. City will "waive rental
fee" for a venue for a GEAR UP 2011 activity in years 1 and 2 o the project.
'"
Signature of Authorizing Official: •
Name of Authorizing Official: S~phen J.
Title of Authorizing Official: May()r~~-~..:o,.__...J---~
GEAR UP 2011 PROGRAM GRANT PARTNERSHIP
BETWEEN
CITY OF MUSKEGON AND MUSKEGON PUBLIC SCHOOLS
PARTNERSHIP EXAMPLES
CITY IN-KIND CONTRIBUTION
• City staff as a liaison with the GEAR UP 2011 program to coordinate individual
student job shadowing and career mentoring in public service careers during years
3 through 6 of the project.
• Providing a venue and collaborative coordination for an event in years 1 and 2 for
students and parents that would tie in with a City sponsored event: Summer
Celebration, hockey game, special meeting, ribbon-cutting, employee
appreciation, etc.
• Providing two mini-leadership skills seminars for students during two summers,
likely in year two and four, including presentations and knowledge about city
govermnent, citizen voice, and operations of various Boards and departments.
Seminar to include student presence at appropriate city meetings.
STUDENTS IN-KIND EXCHANGE
In return for city services above, GEAR UP 2011 students would provide volunteer
services at City activities, as they need good experiences in volunteering to build
community and contribute to their accomplishments.
Memo
To: Lee Slaughter, City of Muskegon
From: Linda Riepma, Muskegon Public Schools, phone 720-2039, email
lriepma@mpsk 12.net
Date: March 28, 2005
Thank you for consenting to discuss the City of Muskegon becoming a partner in a new
federal competitive GEAR UP 2011 proposal I am writing on behalf of seventh grade
cohorts of students at Bunker, Steele, Muskegon Heights, and Holton Middle Schools.
As you know, we will propose using the LEAD 2005 model to work with students and
their families in this expanded program. I have asked the Muskegon Heights and Holton
participants to contact their local governments for partnering as well. As we put this
proposal together, we are not so concerned with the amount of in kind match the partners
bring to the table as we are having the appropriate partners to show that the success of
this project is a community effort; in effect, "it takes a village to raise a child".
We would like the City of Muskegon to considering the following services and activities
within the partnership over the six years of the project, and to have the City determine the
appropriate match dollar values of portions of staff members' time and the costs of
particular activities proposed. I offer the suggestions and examples below without
actually knowing how particular city responsibilities and activities work, of course.
• Dedicating a portion of time of a city staff member as a liaison with the GEAR
UP 2011 program to coordinate individual student job shadowing and career
mentoring requests in years 3 through 6 of the project, as many of our students are
interested in an array of public service careers. We would coordinate with that
person so that students' needs would be met without over-taxing city staff
members.
• Providing a venue and collaborative coordination for an event in years 1 and 2 for
students and parents that would tie in with a City sponsored event: Summer
Celebration, hockey game, special meeting, ribbon-cutting, etc. Cost would be
for the time of a City staff person as collaborator, any costs for "rent" of a venue
that would be waived, or other small contributed items( for example, if we had a
family picnic at Heritage Landing in June and gave away a couple of donated
Summer Celebration concert tickets in a drawing).
• Providing two mini-leadership skills seminars for students during two summers,
likely in year two and four, including presentations and knowledge about city
government, citizen voice, and operations of various Boards and departments.
Seminar to include student presence at appropriate city meetings. Costs would be
for the time of a city staff member to coordinate and various other city staffers to
make mini-presentations. Being in a seminar like this would be a great line on a
student's college entrance application.
• In return for city services above, GEAR UP 2011 students would provide
volunteer services at City activities, as they need good experiences in
volunteering to build community and contribute to their accomplishments.
Thank you again!
Date: April12, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Accept Shoreline Dr. East (First to Eastern) into the City's Street System
SUMMARY OF REQUEST:
Adopt the attached resolution, including exhibit A, accepting Shoreline Dr. East from First
Street to Eastern Ave. and the realigned section of Ottawa Street between Ottawa &
Western Ave. into the City's street system.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
RESOLUTION NO. 2005-36(j)
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on April12, 2005
RECITALS
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
I. The City of Muskegon owns fee simple title to that certain street known as Shoreline Dr. east (between First
& Eastern Ave) which opened to traffic on July 31, 2004.
2. It is necessary to furnish certain information to the State of Michigan to place this
street within the City's Local Street System for the purpose of obtaining funds under
Act 51, P .a. 1951 , as amended.
NOW, THEREFORE, BE IT RESOLVED:
1. That the legal description of said street is described as:
See attached Exhibit A
2. That said street is located within a City right-of-way, is on City Property, and is
under the control ofthe City of Muskegon.
3. That said street is a public street and is for public street purposes.
4. That said street is accepted into the City Local Street System.
Resolution duly adopted.
YEAS: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
NAYS: None
CITY OF MUSKEGON
Gail Kundinger, Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
2005-36(j)
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting ofthe Board of Commissioners ofthe City of Muskegon, Michigan, held on the lih day
of April, 2005, and that the minutes of the meeting are on file in the office of the City Clerk and are
available to the public. Public notice of the meeting was given pursuant to and in compliance with
Act 267, Public Acts of Michigan, 1976.
March 12, 2001 HORIZONTAL ALIGNMENT CURVE DATA PAGE 1 OF 1
09:31:19 Report Template: HORIZ ALG CURV DAT2
Project Name: Shoreline Dr new - - -
Alignment Name: SB Shoreline Dr HA2
Alignment Description: Southbound Shoreline Dr HA
Alignment Preference: 250prop
POINT STATION NORTHING EASTING CURVE DATA
PC 1+025.279 194930.134 798751.874 CURVE NO. 1 I ~ 65"50'38"
PT 1+278.101 195044.736 798961.763 R ~ 220.000 TLC ~ 252.822
Tback ~ 142.444 Tahead ~ 142.444
PI 1+167. 722 195055.384 798819.718 BACK AZ ~ N 28"26'35" E
AHEAD AZ ~ s 85A42'47" E
POINT STATION NORTHING EASTING CURVE DATA
PC a 1+445.954 195030.106 799156.943 CURVE NO. 2 I = 2"55'41"
PT a 1+548.165 195019.865 799258.628 R ~ 2000.000 TLC ~ 102.211
Tback ~ 51.116 Tahead ~ 51.116
PI a 1+497.070 195026.285 799207.916 BACK AZ ~ S 85A42'47" E
AHEAD AZ ~ s 82"47'06 11 E
POINT STATION NORTHING EASTING CURVE DATA
PC a 1+602 .190 195013.080 799312.226 CURVE NO. 3 I = 2"55'42"
PT b 1+704.244 195002.839 799413.914 R ~ -2000.000 TLC ~ 102.214
Tback ~ 51.118 Tahead ~ 51.118
PI a 1+653.308 195006.660 799362.939 BACK AZ ~ s 82A47'06" E
AHEAD AZ ~ s 85"42'48" E
POINT STATION NORTHING EASTING CURVE DATA
PC b 1+853.939 194 991.650 799563.190 CURVE NO. 4 I ~ 68"18'37"
PT b 2+134.115 195123.062 799792.015 R ~ -235.000 TLC ~ 280.176
Tback ~ 159.437 Tahead ~ 159.437
PI b 2+013.376 194979.732 799722.181 BACK AZ ~ S 85"'42'48" E
AHEAD AZ ~ N 25A58'35" E
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