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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 28,2005
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
ECONOMIC DEVELOPMENT
C. FIRST READING: Zoning Ordinance Amendment to the Zoning
Ordinance for Prohibited Signs. PLANNING & ECONOMIC
DEVELOPMENT
D. FIRST READING: Rezoning Request for Property Located at 921 Turner
Avenue. PLANNING & ECONOMIC DEVELOPMENT
E. FIRST READING: Rezoning Request for Property Located Between Nelson
Street and W. Harbour Towne Circle. PLANNING & ECONOMIC
DEVELOPMENT
F. FIRST READING: Rezoning Request for Property Located at 190 Wood
Street. PLANNING & ECONOMIC DEVELOPMENT
G. Request to Allow Two Alcohol Licenses on July 15, 2005, Within the City
of Muskegon (Great Lakes Marina & Muskegon Sport-fishing
Association}. ASSISTANT CITY MANAGER
@ Request to Allow Two Alcohol Licenses on July 29, 2005. Within the City
of Muskegon (Big Fat Greek Festival & Muskegon Community Health
Project). ASSISTANT CITY MANAGER
I. Approval of Contractor for Construction of House at 747 Marcoux.
COMMUNITY & NEIGHBORHOOD SERVICES
J. City - MOOT Agreement for Southern Avenue, Seaway to Sixth Street.
ENGINEERING
K. Backhoe Replacement. PUBLIC WORKS
o PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Pine Street, laketon to
Dale Avenue. ENGINEERING
B. Spreading of the Special Assessment Roll for Evart Street, Allen to Amity
Avenue. ENGINEERING
C. Spreading of the Special Assessment Roll for Dale Avenue. McGrail to
Ruddiman Street. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Request for Amendment to the Planned Unit Development for 100
Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT
B. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View Phase II. COMMUNITY &
NEIGHBORHOOD SERVICES
C. Resolution to Sell284 lona. COMMUNITY & NEIGHBORHOOD SERVICES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTIONS
1. 621 Adams
2. 336 Catawba (Area llb)
3. 1916 Clinton
4. 2355 Lincoln
5. 1778 Pine
6. 1191 Seventh
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
)> Submit !he form fo !he City Clerk.
)> Be recognized by the Chair.
)> Step forward to the microphone.
)> State name and address.
> limit of 3 minutes to address the Commission.
)> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: June 28, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the June 6th
Community Relations Committee Meeting, the June 13h Commission
Worksession Meeting, and the June 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 28, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 28,
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
Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2005-56 HONORS AND AWARDS:
Bob Kuhn, Director of Public Works, presented Larry DeCou with the Individual
Heroism Award; and presented Milbocker and Sons, Fleis & Vandenbrink, and
Mayor Warmington with the 2005 Project of the Year Award for Shoreline Drive.
2005-57 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 6th Community
Relations Committee Meeting, the June 13th Commission Worksession Meeting,
and the June 14th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from April & Jason Bryant to rehabilitate a
home in the Nelson Neighborhood at 583 W. Webster. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $23,000. The roof and windows will be replaced. The
siding will be repaired. The interior walls, door, and trim will be refinished. There
will be electrical work done as well. The applicant has met local and state
requirements for the issuance of the NEZ cerlificate. Approval or denial by the
City Commission is required within 60 days of the application date and must be
forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the Neighborhood Enterprise
Zone certificate.
C. FIRST READING: Zoning Ordinance Amendment to the Zoning
Ordinance for Prohibited Signs. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(4.) of Article XXIII
(General Provisions) to amend the sign ordinance language regarding
"Prohibited Signs (all districts)".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the sign ordinance language regarding "Prohibited Signs
(a II districts)".
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. Mazade, T. Harryman and S. Warmington
absent.
D. FIRST READING: Rezoning Request for Property located at 921 Turner
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 921 Turner
Avenue, from 1-1, Light Industrial to R-1, Single Family Residential.
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 6/16/05 meeting. The vote was unanimous with
S. Warmington and B. Mazade absent.
E. FIRST READING: Rezoning Request for Property located Between Nelson
Street and W. Harbour Towne Circle. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located between Nelson
Street and W. Harbour Towne Circle, from LR, Lakefront Recreation to R-1, Single
Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMIITEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 6/16/05 meeting. Voting in favor of the request
were J. Aslakson, S. Spataro, T. Johnson, B. Smith, T. Harryman, and T. Michalski.
B. Turnquist voted against the request with S. Warmington and B. Mazade
absent.
F. Rezoning Request for Property Located at 190 Wood Street. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 190 Wood Street
from RM-1 Low Density Multiple-Family Residential to 1-2, General Industrial.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and the Master Land Use Plan.
COMMIITEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 5/12/05 meeting. Commissioners Spataro, Aslakson, Johnson,
Turnquist, Michalski, Smith & Harryman voted for denial. S. Warmington and B.
Mazade were absent.
G. Request to Allow Two Alcohol Licenses on July 15. 2005. Within the City
of Muskegon (Great Lakes Marina & Muskegon Sport-fishing
Association). ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To allow two liquor licenses within the City on Friday, July
15, 2005. Party-In-The-Park has an approved liquor license for that same day.
Great Lakes Marina/Muskegon Sport-fishing Association would also like to have
a liquor license for that day. The current Special Events Policy does not allow
two alcohol licenses on any night within the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
I. Approval of Contractor for Construction of House at 747 Marcoux.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Bantam Group, 962
Stonewood Drive, Spring Lake, Ml 49456 for the construction of the new home to
be located at 747 Marcoux for the cost of $118,821 . The site at 747 Marcoux
formerly was occupied by a Turnkey 3 home that was demolished. After the
construction is completed, the new home will be sold to a qualified first-time
homebuyer continuing the City's aggressive neighborhood revitalization efforts
under the Operation "At Long Last" AKA Ridge Top View.
The City received three other bids:
Urban Development Corp. 109 E. Laketon, Muskegon $121,700
Fisher Builders 4153 W. Giles, N. Muskegon $125,919
Top Notch Design 47 53 Jensen, Fruitport $135,850
FINANCIAL IMPACT: The funding for the project will be taken from the City's
2003-2004 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the CNS Office to develop a contract
with Bantam Group and direct the Mayor and Clerk to sign the contract.
J. City - MOOT Agreement for Southern Avenue. Seaway to Sixth Street.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Southern Avenue from Seaway Drive to Sixth Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MOOT's participation is estimated at $350,795 but not to
exceed 81.85% of eligible cost. The estimated total construction cost (without
engineering) of the project, including the non-participating items of watermain
& sanitary sewer, is $648,700.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: Approve the agreement and resolution.
K. Backhoe Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from West
Michigan Power.
FINANCIAL IMPACT: Cost $59,000 less $26,500 for the sale of our old unit. Total
cost of $32,500.
BUDGET ACTION REQUIRED: None. There is $65,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe from
West Michigan Power.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item H.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2005-58 ITEM REMOVED FROM THE CONSENT AGENDA:
H. Request to Allow Two Alcohol Licenses on July 29. 2005. Within the City
of Muskegon .@ig Fat Greek Festival 8. Muskegon Community Heolt11
Project). ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To allow two liquor licenses within the City on Friday, July
29, 2005. Party-In-The-Park r-1as an approved liquor license for that same day.
Big Fat Greek Festival/Muskegon Community Health Project would also like to
have a liquor license for that day. The current Special Events Policy does not
allow two alcohol licenses on any night within the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
request for two alcohol licenses on July 29, 2005, within the City of Muskegon
with the provision that if the Big Fat Greek Festival wishes to serve hard liquor
their requested will be discussed at the next Commission Meeting.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-59 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Pine Street. Laketon to
Dale Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Pine Street from Laketon Avenue to Dale Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $1 1.255.79 would be spread against the thirty-two
(32) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:53 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Carter to close the
Public Hearing at 5:55 p.m. and approve the spreading of the special
assessment roll for Pine Street from Laketon to Dale Avenue.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Evart Street, Allen to Amitv
Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Evart Street from Allen Avenue to Amity Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $8.472.45 would be spread against the four (4)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:56 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing at 5:57 p.m. and approve the spreading of the special
assessment roll for Evart Street from Allen to Amity Avenue.
ROLL VOTE: Ayes: Gawron, larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Dale Avenue. McGraft to
Ruddiman Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Dale Avenue from McGrail Street to Ruddiman Street and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $16,252.22 would be spread against the nine (9)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:59 p.m. and approve the spreading of the special
assessment roll for Dale Avenue, McGraft to Ruddiman Street.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-60 NEW BUSINESS:
A. Request for Amendment to the Planned Unit Development for 100
Muskegon Mall. PLANNING & ECONOMIC DEVELOPME~~T
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for
100 Muskegon Mall (the former Muskegon Mall property), to revise the street
design.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request, with the
conditions outlined in the resolution.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 6/28/05 meeting. The vote was unanimous, with
B. Mazade and S. Warmington absent.
Motion by Spataro, second by Gawron to approve the request for amendment
to the Planned Unit Development for 100 Muskegon Mall.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
B. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View Phase II. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Urban Development
Construction Company, 109 E. Laketon who submitted the lowest bid for the
second phase of construction for three homes on Walton Street for the
aggregate price $322,600. The name of the project is Walton Street
Renaissance AKA Hilltop View Phase II. The CNS Department received three
other bids:
Fisher Builders 4153 W. Giles Rd., N. Muskegon $341 ,584.32
Bantam Group 962 Stonewood, Spring Lake $355,347.00
Rich Construction P.O. Box 125, Fremont $395,824.13
This project is a joint venture between the City of Muskegon Community and
Neighborhood Services, Neighborhood Investment Corporation, and Fifth Third
Bank.
FINANCIAL IMPACT: The funding for the project will be taken from the City's
2003-2004 HOME funds program income, Neighborhood Investment Corporation
funds and funds allocated by Fifth Third Bank.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the CNS Office to develop a
contract with the lowest bided contractor and direct the Clerk and Mayor to
sign the contract.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
contractor for construction of three homes under Walton Street Renaissance AKA
Hilltop View Phase II with Urban Development Construction Company.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, larson, and
Shepherd
Nays: None
MOTION PASSES
C. Resolution to Sell284 lona. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution to sell the City owned house
at 284 lona to Mr. Donates M. Keenan, for the appraised value of $114,500 minus
the $35,000 subsidy. The site at 284 lona was originally a former Turnkey 3 site
that had created a blighting influence on the City for a number of years. The
City of Muskegon purchased the eight sites from the Muskegon Housing
Commission and demolished all the obsolescent structures. The new home at
284 lona was built by the City to replace the demolished house as a part of the
City's aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The program income derived from the sale will be
deposited in the City's HOME account.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and the sale of 2841ona to
Mr. Keenan and his family.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of the City owned home at 284 lona to Mr. Donatese M. Keenan.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
621 Adams
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
336 Catawba (Area 11 b)
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
1778 Pine
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
1191 Seventh
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor larson to concur with
the Housing Board of Appeals notice and order to demolish 621 Adams, 336
Catawba, 1778 Pine, and 1191 Seventh.
ROLL VOTE: Ayes: Carter, Davis, Gawron, larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
1916 Clinton
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with
the Housing Board of Appeals notice and order to demolish 1916 Clinton but
delay action for 30 days with the proviso that the applicant pulls all permits and
has all proper inspections.
ROLL VOTE: Ayes: Davis, Gawron, larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2355 lincoln
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish 2355 Lincoln.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:48 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- June 28, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning Department C.f1:t:..
DATE: June 13, 2005
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
April & Jason Bryant to rehabilitate a home in the Nelson neighborhood at 583 W. Webster. The
home is located in a Neighborhood Enterprise Zone. The application states that the estimated
cost for rehabilitation will be $23,000. The roof and windows will be replaced. The siding will
be repaired. The interior walls, door, and trim will be refinished. There will be electrical work
done as well. The applicant has met local and state requirements for the issuance of the NEZ
certificate. Approval or denial by the City Commission is required within 60 days of the
application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\583 W Wcbster\Agcnda Item. doc
Resolution No. 2005-S?(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by April & Jason Bryant to rehabilitate a home at 583 W. Webster in the Nelson
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Cettificate;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Cetiificate for the rehabilitation of a home by Aptil & Jason Bryant be approved.
lh
Adopted this, 28 day of June, 2005.
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
Absent: None
By: &'d~r-v
Bill Larson, Vice Mayor
Attest: ~~
Gail Kunditlief:MMC
City Clerk
583 W. Webster- NEZ Certificate
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Assessor _ _ Approved Denied
CNS _ _ Approved Denied
Income Tax _ _ Approved Denied Amount
Inspections _ _ Approved Denied
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Treasurer _ _ Approved / oenied Amount S'~c /dG='<.uw -~
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Department Signature: £:;fif{: r:f011o~-
Gail A Kundinger, City Clerk
NEZ Coordinator
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Assessor --~oved - - Denied
CNS i/ Approved - - Denied
Income Tax _ _ Approved - - Denied Amount- - - -- -
Inspections _ _ Approved - - Denied
Planning _ _ Approved - - Denied
Treasurer _ _ Approved - - Denied Amount- - - - - -
Department Signature:_-tL~~~ ~~~====:: :. . ._~
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Gail A. Kundinger, City Clerk
NEZ Coordinator
.I
NEIGHBORHOOD ENTERPRISE ZONE
REVIEW FORM
Applicant: _ _ ____,._J;
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Gail A. Kundinger, City Clerk
NEZ Coordinator
NEIGHBORHOOD ENTERPRISE ZONE
REVIEW FORM
Applicant: dtzr 1/ d-- ck.s o r1 /Jr1ao :I-
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Location ofFacility: , [4J It/ /dei.s t-ee
Assessor _ _ Approved Denied
CNS _ _ Approved Denied
Income Tax _ _ Approved Denied Amount
Inspections / Approved Denied
Planning _ _ Approved Denied
Treasurer _ _ Approved Denied Amount
Gail A. Kundinger, City Clerk
NEZ Coordinator
NEIGHBORHOOD ENTERPRISE ZONE
REVIEW FORM
Location ofFacility:_ _ _ __,~
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Assessor _ _ Approved Denied
CNS _ _ Approved Denied
Income Tax _ _ Approved Denied Amount
Inspections _ _ Approved Denied
Planning / Approved Denied
Treasurer _ _ Approved Denied Amount
Gail A Kundinger, City Clerk
NEZ Coordinator
Michigan Department of Treasury, STC
2704 (1 0102)
Application for Neighborhood Enterprise Zone Certificate
Issued under authority of P.A. 147 of 1992, as amended.
Read this form before completing application. This application must be filed prior to building permit issuance and start of
construction. File initially one original and two copies of this fonn. File all additional required attachments (three complete sets)
when completed with the clerk of the local government unit.
To be Completed by Clerk of Local Government Unit
. City or Township Name I Local Unit Code
I
Signature Address of Cieri(
Date Received
0~ (?-· . ' ~
·~
Application Number I State Tax Commission Use Only
Applicant, Do Not Write Above This Line. Begin Entries at 1 Below.
1. Applicant Name
'{\ oJ
~;>, w. \r(e...Y>~J\ ~ . ('(\u..,._\<..u>- a" M \ clr. . '"v r<\ · '"-"'-" nvo v'\
6. Type of Approval Required 0 7. How Many Years.ApprQva\ Requested
DNew Facility
B. Is Building Owned or Rented
~ ONned
o
~Rehabilitation
the Occupant?
Rented
19. Type of Property
fgJ House 0 Duplex
i2-
D Apartment- Number of Units Dcondo
10. NG,~ t~ove£ so~T:~k:~istnct 11. Name and Number Assigned to Neighborhood Enterprise Zone r2. Date District Established
13. Was the Work Completed by J 14. Total Project Cost
115. '$ves'Z$ eoro';)kdown in #17)
Qilucensed Contractor D Olher DActua\ [Z} Estimated
16. TimeUJ)7/or Undertaking an? Completing the Rehabilitation or Construction of the Facility
to os - 7}os
17. Describe the General f'lature and Extent of the Rehabilitation or New Construction to be Undertaken and Breakdown of Investment Cost (un attachments. if neces-sary)
1'\,,.,f"- '-\"1\c>'\ (<"-Q\':'C.e-') ~ ::I.,cr\·~0
SiO-; """'- ;$ ';L\cOO \ ~~-~""'' -'") 'L-\~iiL.. v-..f0 (' \::_ r
""2-00
18. Rehabilitation ~plicants Only: Attach Assessor's Statement (See required attachment number 5 below) 1Ba. Taxable Value of Real Property
$
19. Who should be contacted Name
if more lrlfonnation is \)..t..~:.~\ C-0.... (ls.e.-v:.-- N«-i"'Y, rn\ 'noo&_ -.:'1:£, vL")"\!"<\"-"' \-
required to act on this Address {No. and Sire~ City, State, zSf1. J
application? \\\ '2, ?:,f - ~R"--1' '((\ "'-:'>¥- "-<\en '1-'\ \ ;..\ q'il.J \
Tille J I~eleph~ne Number
~.<>~<' o. :~ 1 7 '-1 - 0"6a"\
>
,j
Required Attachments to Application:
1, Legal description of the real property with parcel code number of the property.
2. Proof of date of commencement of construction, such as building permit or affidavit as to the start of a project by
the contractor.
3, Certificate of occupancy.
4. Resolution approving the application,
IN ADDITION TO 1 - 4 SUBMIT 5 and 6 FOR REHABILITATION APPLICATIONS ONLY.
5. Statement by the assessor showing the taxable value of the rehabilitated facility not including the land. for the
tax year immediately preceding the effective date of the rehabilitation.
6. Certification by the local building official, certifying that the building meets minimum building codes for the local unit A
rehabilitation certificate will not be issued until this certification is filed with the State of Michigan.
Continued on reverse side
2704 {8-99), Page 2
APPLICANT'S CERTIFICATION
The undersigned owner making this application certifies that, to the best of his/her knowledge, no information
contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the residential
real property for which this application is being submitted.
It is further certified that the undersigned is familiar with the provision of P.A. 147 of 1992, being Sections 207.771
to 207.787, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, he/she has
complied or will comply with all of the requirements thereof which are necessary to the issuance of a Neighborhood
Enterprise Zone Certificate.
Print Name of Owner
A on'\
Signature Date
<.o-?-oS
LOCAL GOVERNMENT ACTION
0 APPROVED FOR 12 YEARS
Name of Local Government Unit IDate of Action on This Application
Attached hereto is a copy of the resolution showing the action taken by the above-named local government unit on
this application.
rgnal"" of Cieri<
INSTRUCTIONS FOR THE LOCAL GOVERNMENT UNIT
The local government unit must act, by resolution, on this application no more than 60 days after receiving it. The
clerk shall forward the exemption application to the State Tax Commission immediately.
If an applicant is a builder/developer of this facility, a certificate will not be issued until a single family
owner/occupant files an application and the additional required attachments.
If you have any questions, please call Mary Goff (517) 373-0675, Debby Abbruzzese (517) 373-3302 or
Dianne 0. Wright at (517) 373-2408.
Michigan Department of Treasury
State Tax Commission
Property Tax Division
P.O. Box.30471
Lansing, Michigan 48909-7971
Commission Meeting Date: June 28, 2005
Date: June 17, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJJ(!___
RE: Zoning Ordinance Amendment to the Zoning Ordinance for
Prohibited Signs
SUMMARY OF REQUEST:
Request to amend Section 2334 (4.) of Article XXill (General Provisions) to amend the sign
ordinance language regarding "Prohibited Signs (all districts)".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance language
regarding "Prohibited Signs (all districts".
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. Mazade, T. Harryman and S.
W mmington absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 16, 2005
Hearing; Case 2005-22: Staff initiated request to amend Section 2334, Article XXIII
(General Provisions), to amend the language on Prohibited Signs, to allow A-frame
signs in additional areas.
BACKGROUND
A recent request by the Lakeside Business Association regarding development of a sigu
ordinance specific to their area prompted a staff review of the ordinance to see how to best
address the concerns and needs of the business district. Staff believes that some small changes
to our current sigu ordinance could accommodate these needs and concerns. One such need
was for the use of "A" frame sigus. These types of sigus are cun·ently allowed in the Clay-
Western and National Historic Register district, with approval of the Historic District
Commission. These type of sigus are often used in "main street" type areas which experiences
pedestrian traffic.
The other change to the ordinance (see addition to j.) would permit sigus that overhang or
extend into the right-of-way, provided an encroachment agreement is obtained from the City
Connnission. This also addresses the "A" frame sigus. This change to the ordinance would
allow more flexibility in other areas of the City similar to this one, such as the development of
the new downtown.
NEW LANGUAGE
Deletions are erssseE! eHt and additions are bold.
4. Prohibited Signs (all districts): The following listed sigus are prohibited in any
zoning district of the City: [amended 6/03]
i. Portable "A" frame sigus, inverted "T" sigus with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also
definition of "portable" sigu,, Elte6J3l that "A: frame signs are ]'lernHtteEi in the
Clay '.llestem ana l'tatienal R~ster Histerie Districts vlith Histerie Distriet
awreval. except for the following:
1) A-frame signs are permitted in the Clay-Western and National
Register Historic Districts with Historic District Commission
2
approval.
2) A-frame signs are permitted in the Lakeside Business District
(LBD), which is described as property with frontage along
Lakeshore Drive between Estes Street to the East and McCracken
Street to the West.
3) A-frame signs wiU be temporary in nature and placed directly in
front of the business it is advertising.
4) Signs will be placed as to allow free-flowing pedestrian traffic in
front of the business
5) An A-frame sign must be constructed out of sturdy, dense
material that wiU be able to withstand the rugged Muskegon
climate.
6) All A-frame signs must adhere to the clear vision section of the
Zoning Ordinance. (See Section 2334 3,b.)
7) An encroachment agreement may be necessary for an A-frame
sign, which would be obtained from the City Commission.
8) The square footage of any sign face shall not exceed ten (1 0)
square feet. The face of the sign shall not exceed four (4) feet in
length.
J. Signs which overhang or extend into a dedicated public right-of-way without
the written consent of the city. Any signs which encroach upon the public
right-ofway do not qualifY as legal nonconforming signs. Such signs shall be
considered an illegal use and shall be removed, unless an encroachment
agreement was obtained from the City Commission.
DELffiERATION
I move that the amendment to Section 2334, Article XXIII (General Provisions), to
amend the language on Prohibited Signs, to allow A-frame signs in additional areas, be
recommended to the City Commission for (approval/denial).
3
CITY OF MUSKEGO!\'
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2154
An ordinance to amend Section 2334 (4.) of Article XXIII (General Provisions) of
the Zoning Ordinance to amend the ordinance language regarding "Prohibited
Signs (all districts)".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (4.) of Article XXIII (General Provisions) is hereby amended to regarding
the ordinance language regarding "Prohibited Signs (all districts)":
4. Prohibited Signs (all districts): The following listed signs are prohibited in any
zoning district of the City: [amended 6/03]
i. Portable "A" frame signs, inverted "T" signs with spider legs, with or
without wheels where lettering can be changed, reanangcd or altered (see
also definition of "portable" sign), except for the following:
1) A-frame signs are permitted in the Clay-Western and National
Register Historic Districts with Historic District Commission
approval.
2) A-frame signs are permitted in the Lakeside Business District
(LBD), which is described as property with frontage along
Lakeshore Drive between Estes Street to the East and McCracken
Street to the West.
3) A-frame signs will be temporary in nature and placed directly in
front of the business it is advertising.
4) Signs will be placed as to allow free-flowing pedestrian traffic in
front of the business
5) An A-frame sign must be constructed out of sturdy, dense material
that will be able to withstand the rugged Muskegon climate.
6) All A-frame signs must adhere to the clear vision section of the
Zoning Ordinance. (See Section 2334 3,b.)
7) An encroachment agreement may be necessary for an A-frame
sign, which would be obtained from the City Engineering
Department.
8) The square footage of any sign face shall not exceed ten (1 0)
square feet. The face of the sign shall not exceed four (4) feet in
length.
j. Signs which overhang or extend into a dedicated public right-of-way without
the written consent of the city. Any signs which encroach upon the public
right-ofway do not qualify as legal nonconfonning signs. Such signs shall
be considered an illegal use and shall be removed. unless an
encroachment agreement was obtained from the City Commission.
This ordinance adopted:
Ayes: Warmington, Cmier, Davis, Gawron, Larson, Shepherd, and Spataro
Nayes: None
Adoption Date: June 28, 2005
Effective Date: July 16, 2005
First Reading: June 28, 2005
Second Reading: N/A
CITY OF MUSKEGON
By:
~fL.~
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1iify 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 28 1h day of June, 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 ce1iif)r 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: June 28, 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 28, 2005, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2334 (1 0.) of Article XXIll (General Provisions) to amend the zoning
ordinance language regarding "Prohibited Signs (all districts)".
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 __;,_r7u.u·"-"~~":<------lb1L---' 2005 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
7
Commission Meeting Date: June 28, 2005
Date: June 17,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentW C-
RE: Rezoning request for property located at 921 Turner
Avenue
SUMMARY OF REQUEST:
Request to rezone property located at 921 Turner Avenue, from 1-1, Light
Industrial to R-1, Single Family Residential.
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 6/16
meeting. The vote was unanimous with S. Warmington and B. Mazade
absent.
0:\Planning\COMMON\Zoning\City Commission Items\rczonc\Approvc\2005 Approvals\921 Tumer.doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2155
An ordinance to amend the zoning map of the City to provide for a zone change for certain
property from 1-1 "Light Industrial" to R-1 "Single Family Residential"
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 trom 1-1 "Light Industrial" to R-1 "Single Family Residential":
CITY OF MUSKEGON MELLEMA SUB DIVISION LOTS 30 & 31
This ordinance adopted:
Ayes: Wannington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nayes: None
Adoption Date: June 28, 2005
Effective Date: July 16, 2005
First Reading: June 28, 2005
Second Reading: N/A
CITY OF MUSKEGON
Gail A. Kundinger, MMC
Clerk
CERTIFICATE (Rezoning of921 Turner A\·enue 1-1-1 to R-1)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby cer1ify 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 28 111 day of June, 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. - . j
DATED: June28,2005. ~ Q_ ~cL.,_cJ~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 28,2005, 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 RM-1 "Low Density Multi-Family Residential" to R-1 "Single Family
Residential":
CITY OF MUSKEGON MELLEMA SUB DIVISION LOTS 30 & 31
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 Ju u/!1.- , 2005 CITY OF MUSKEGON
By __~------~------------
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PAS SAGE.
Account No. 101-80400-5354
0:\P\anning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\921 Tumer.doc 4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 16,2005
Hearing; Case 2005-19: Request to rezone the property located at 921 Turner
Avenue from 1-1, Light Industrial, to R-1, Single Family Residential, by
David Stewart.
BACKGROUND
Applicant: David Stewart
Property Address/Location: 921 Turner Avenue
Request: Rezone from I-1, Light Industrial to R -1, One
Family Residential
Present Land Use: Residential
Zoning: I-1, Light Industrial
STAFF OBSERVATIONS
1. The subject property at 721 Turner Avenue is single family home.
2. All the other homes located on Turner Avenue are zoned R-1 and it is
unknown why this home was ever zoned to I-1. The vacant property to the
east is zoned I-1, and is part of a small I-1 district in the area., which includes
some sort of vacant commercial building at 940 Turner Avenue, across the
street from the subject property.
3. The property owner would like to refinance his home, and since the zoning is
industrial, he is having difficulties with the lending institution.
4. Since this home is adjacent to an R-1 district, rezoning it would merely
expand the district and place the home within it's correct zoning classification.
5. The Master Land Use Plan recommends "Maintain the sub-area's residential
focus".
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\921 Tumer.doc 5
921 Turner Avenue Adjacent industrial property
940 Turner Avenue
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\921 Tumer.doc 6
City of Muskegon
Planning Commission
Case # 2005-19
-~·
.
1400 Feet
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\921 Tumer.doc 7
RECOMMENDATION
It is unlikely that this area will be expanded for more industrial uses. The
neighborhood appears to be stable. Taking those things into consideration, and
based on the Master Plan for that area, staff recommends approval of the request.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed
which justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might
result from the approval or denial of the petition?
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?
d. A spot zone is appropriate if it complies with the Master
Plan.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\921 Tmner.doc 8
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located 921 Turner Avenue, from I-
1 Light Industrial to R-1 One Family Residential, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant
to the City of Muskegon Zoning Ordinance, and the determination of
(compliance/lack of compliance) with the intent of the City Master Land Use
Plan and zoning district intent.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\921 Turner.doc
9
Commission Meeting Date: June 28, 2005
Date: June 17,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C$G
RE: Rezoning request for property located between
Nelson Street and W. Harbour Towne Circle
SUMMARY OF REQUEST:
Request to rezone property located between Nelson Street and W. Harbour
Towne Circle, from LR, Lakefront Recreation to R-1, Single Family
Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITIEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 6/16
meeting. Voting in favor of the request were J. Aslakson, S. Spataro, T.
Johnson, B. Smith, T. Harryman, and T. Michalski. B. Turnquist voted against
the request, with S. Warmington and B. Mazade absent.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approvc\2005 Approvals\Nelson Street. doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDlNANCE NO. 2156
An ordinance to amend the zoning map of the City to provide for a zone change for certain
property from LR "Lakefront Fecreation" to R-1 "Single Family Residential"
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 LR "Lakefront Recreation" to R-1 "Single Family
Residential":
CITY OF MUSKEGON CENTRAL LAND COS SUB #1 BLK 761 LOTS 1-3 AND LOTS 15-
25 INCL ALSO VAC DEWEY STREET ADJ TO LOTS 15-25 AND E y, VAC N/S ALLEY
ADJ TO LOTS 15-25 W Y, VAC ALLEY ADJ TO LOTS 1-3 & VAC N y, OF E/W ALLEY
ADJ TO LOTS 1-25
This ordinance adopted:
Ayes: Watmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nayes: None
Adoption Date: June 28, 2005
Effective Date: July 16, 2005
First Reading: June 28, 2005
Second Reading: N/A
CITY OF MUSKEGON
By: ~o_L.
Gail A. Kundinger, MMC ~
Clerk
CERTIFICATE
Ordinance No. 2156
(Rezoning of property between Nelson Street and W. Harbour Towne Circle LR
to R-1)
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
J:::.hi~
LI--I.£.-~~W4Yll
....:......:..._
Bill Larson, Vice Mayor
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on June 28, 2005.
Gail A. Kundinger, MMC
City Clerk
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 16, 2005
Hearing; Case 2005-18: Request to rezone the property located at 190 Wood Street from
RM-1, Low Density Multiple-Family Residential to 1-2, General Industrial, by Don Balcom.
BACKGROUND
Applicant: Donald Balcom
Property Address/Location: 190 Wood Street
Request: Rezone from RM-1, Low Density Multiple-Family Residential to
I-2, General Industrial
Present Land Use: Storage yard
Zoning: RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
I. This parcel (which was originally two) has been rezoned several times in the past. From
our files we have determined that as of February 1999 the zoning was B-4, General
Business, and RT, Two-Family Residential.
2. Attempts were made in 1999 to rezone it to both I-2, General Industrial, and I-1, Light
Industrial. Both requests were denied by the City Commission.
3. In 2002 it was rezoned to RM-1, Low Density Multiple-Family Residential at the request
of Sterling Development, who planned to purchase the property and build multi-family
housing.
4. Located just to the south, up the hill from the property is the area of Jackson Hill
Neighborhood, which is zoned RT, Two-Family Residential. To the north and west there
is an area ofB-4, General Business zoning and to the north is an area ofOSC, Open Space
Conservation zoning. The northeast tip of the property is adjacent to an I-1, Light
Industrial zoning area.
5. The applicant would like to sell the property for use as storage for sand, gravel, and heavy
equipment, as well as a crushing operation.
6. Presently, the property maintains legal non-conforming status for all of the above uses,
with the exception of the crushing operation. The only crushing activity that has taken
place on the site in the last several years was associated with a public works project, that
being the replacement of Muskegon County's 66" force main back in 2001.
3
4
City of Muskegon
Planning Commission
Case# 2005-18
IIIIi = Sub)oc!Ptopotly(lu)
Q = tlotioo At••
R·1 = Sfngfo.f •mf)j R osfdonlf•f
RT m Two·f ~mijy R~sidenlial
RM·1 = Lo"' t>o,.ily Mulliplo·F •mily ~ ••idonli.ll
S.1 =Limited eu;ln•••
e. for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party with
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. The REQUESTING PARTY shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment ofFederai Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable expenses
or any other issue under this contract, the REQUESTING PARTY shall thereafter
continue to maintain the RECORDS at least until that dispute has been finally
decided and the time for all available challenges or appeals of that decision has
expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY
03-15-93 7
may supply appropriate excerpts and make alternate arrangements to conveniently
and reasonably make that documentation available for review by the
DEPARTMENT. The RESPONSE shall refer to and apply the language of the
contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE
within the sixty (60) day period constitutes agreement with any disallowance of an
item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. If the DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. Ifthe REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department ofTreasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (OMB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The OMB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the OMB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work- All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan DepartmentofTransportation Standard Specifications for Construction and
pertinent FAPG Directives and Guidelines of the FHW A.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number ", or
"Final Billing".
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies, the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
I. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the contracted, and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENTprocedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (I 0) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 II
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (l 00%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual ofUniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 6458): Occupancy
of non-limited access right-of-way may be allowed based on consideration
for traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances .
c. . Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or trafftc controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, if required.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHW A and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (I Oth) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S. C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B ", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIMINATION INSTATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
I. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendiX.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board ofthe StateofMichigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs l through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by tbe
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department ofTransportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT -assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: 06/28/05
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from
West Michigan Power.
FINANCIAL IMPACT: Cost $59,000 less $26,500 for the sale of our ott unit.
Total cost of $32,500
BUDGET ACTION REQUIRED: None. There is $65,000 budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe
from West Michigan Power.
AGENDA ITEM
CITY COMMISSION MEETING DATED June 28,2005
Date: June 21,2005
To: Honorable Mayor and City Commissioners
From: Lee Slaughter, Asst. City Manager
RE: Request to Allow Two Alcohol Licenses on July
29, 2005, within the City of Muskegon; (Big Fat
Greek Festival/ Muskegon Community Health
Project).
SUMMARY OF REQUEST:
To allow two liquor licenses within the City on Friday,
July 29, 2005. Party-In-The-Park has an approved Liquor
license for that same day. Big Fat Greek Festival I
Muskegon Community Health Project would also like to have a
Liquor License for that day. The current Special Events
policy does not allow two alcohol licenses on any night
within the City.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve.
TO: Honorable Mayor and City Connnissioners
FROM: Engineering
DATE: June 28, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Pine St., Laketon Ave. to Dale Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Pine St. from Laketon
Ave. to Dale Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMP ACT:
A total of $11,255.79 would be spread against the thirty-two (32) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-59(a)
Resolution Confirming Special Assessment Roll
For Pine St. from Laketon Ave. to Dale Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 8, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Pine St., Laketon Ave. to Dale Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on June 28,2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being June 28, 2005.
City of Muskegon
By ~~~~~~~~~~~--
Gail A. Kundinger, MMC
City Clerk
EXHIBIT A
Pine Street , Laketon to Dale
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Pine Street, Laketon to Dale
June 17, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
PINE ST., LAKETON AVE. TO DALE AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JUNE 28, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JUNE 28, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $45,0000.00 of which
$11,255.79 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $370.5 based on 50 feet assessable front footage at $7.41 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $370.5 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment:$ 37.05 PER YEAR
Due Date: August 29th, 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
'-'Jr/c'-(iQ~v--.·---"-cJ ,S"'J(,J'L\
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
11. Installment Pavments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of$16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
PINE ST., LAKETON AVE. TO DALE AVE.- H-1601
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION .
Name: Birthdate: Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infom1ation)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # - -
:··. . .·:
. .·.· ..·
·:.: •.. INCOMEINFORMATION .
.. · . . ·.·•·
. . ...
•
A.NNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
.. .·
.
PROPERTY INFOllMATION •.. . . .
..
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
:
..
.·· . . .·.: .. ..
(Property taxes must be cun·cnt to qualitY and will be verified by CDBG staff)
: . · ..
:
.. . ...
. ·.. · ... ·:···OWNER'S SIGNATURE . ..
.
. . .·
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's know ledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONI'IRMA TION
.
·. . . . .· .·. .
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
PINE ST., LAKETON AVE. TO DALE AVE.
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
II Note: You may receive this application several times- If you 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 chmi below); Proof of income may include copies of Wage & Tax Statement (W-2's) fi·om the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address .
./ Applicants must submit proof of current 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 rese1ves the right to verifj1 all application il~fhrmation, and to reject any applications that contain fa/s~fied infbrmation or in.H!fficient
docltmentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.
PINE ST., LAKETON AVE. TO DALE AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
All parcels abutting Pine St. from Laketon Ave. to Dale Ave.
PLEASE TAI<.E NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on June 28, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JUNE 18, 2005
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON
MAR 2 9 2005
Resolution No.2005-25(c) ENGINEERING DEPARTMENr
. ··········· .. J
Resolution At First Hearing Creating Special Assessment District
For Pine Street , Laketon to Dale
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 8, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 8, 2005, there were 24.03% 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:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Warmington 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 53.17% 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: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
CITY OF MUSKEGON
By LO-~F
Gail A. Kundinger, Cle
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 8, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By d~o.Lr .
Gail A. Kundinger, Clerk
__ ------------------------------------ ----------------·--~
,,_
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
NO SCALE FOREST AVE.
,---.,.---~
DALE AVE. DALE AVE'.
,----,""x"r--~
,.... ,....
V)
V)
,....
V)
LARCH AVE.
...--~ r----..LAKETON AVE
\F=~ID
HOLBROOK
H 1601 HEARING DATE JUNE 28, 2005
PINE ST., LAKETON AVE. TO DALE AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-306-0010-0 300.0 LAKETON AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $370.50 $0.00 $370.50
24-205-306-0005-0 1788.0 TERRACE ST ROUWHORST INVEST 1788 TERRACE ST MUSKEGON Ml 49442 $666.90 $0.00 $666.90
24-205-306-0013-0 1773.0 PINE ST RYKE HENRY C TRUS 1611 WESTWIND CT MUSKEGON Ml 49445 $333.45 $0.00 $333.45
24-205-306-0014-0 1767.0 PINE ST CHASE MANHATTAN 3415 VISION DR COLUMBUS OH 43219-6 $222.30 $0.00 $222.30
24-205-306-0015-0 1759.0 PINE ST RYKE HENRY C TRUS 1611 WESTWIND CT MUSKEGON Ml 49445 $444.60 $0.00 $444.60
24-205-306-0017-0 289.0 LARCH AVE SACRED SUDS PO BOX 4115 MUSKEGON Ml 49444-4 $407.55 $0.00 $407.55
24-205-298-0015-1 1731.0 PINE ST VELAZQUEZ AUGUSTI 1983 FRANCIS AVE MUSKEGON Ml 49441-3 $592.80 $0.00 $592.80
24-205-298-0018-0 1721.0 PINE ST CONTI MORTGAGE CO PO BOX 900 STE 32 HATBORO PA 19040-0 $296.40 $0.00 $296.40
24-205-298-0019-0 1715.0 PINE ST BAKER KELLY K 1715 PINE ST MUSKEGON Ml 49442 $277.88 $0.00 $277.88
24-205-298-0020-0 1709.0 PINE ST US BANK NATIONAL A 3476 STATE VIEW BL FORT MILL sc 29715-7 $277.88 $0.00 $277.88
24-205-298-0022-0 1705.0 PINE ST WESTERMAN WILLIAM 1705 PINE ST MUSKEGON Ml 49442 $277.88 $0.00 $277.88
24-205-298-0023-0 1699.0 PINE ST HOFFMAN SHIRLEY L 1699 PINE ST MUSKEGON Ml 49442 $277.88 $0.00 $277.88
24-205-298-0024-0 1691.0 PINE ST SEAWAY DEVELOPME 4265 GRAND HAVEN MUSKEGON Ml 49441 $444.60 $0.00 $444.60
24-205-298-0026-0 1683.0 PINE ST CRAIN GARY MIMARY 1423 MARCOUX MUSKEGON Ml 49442 $444.60 $0.00 $444.60
24-205-298-0028-0 1675.0 PINE ST CRAIN GARY MIMARY 1423 MARCOUX MUSKEGON Ml 49442 $351.98 $0.00 $351.98
24-205-307-0010-1 350.0 LAKETON AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $370.50 $0.00 $370.50
24-205-307-0009-0 1786.0 PINE ST ROUWHORST INVEST 1788 TERRACE ST MUSKEGON Ml 49442 $278.62 $0.00 $278.62
24-205-307-0007-0 1778.0 PINE ST ZAVITZ ROBERT C/JA 1778 PINE ST MUSKEGON Ml 49442 $326.04 $0.00 $326.04
6/2912005
Page 1 of 3
H 1601 HEARING DATE JUNE 28, 2005
PINE ST., LAKETON AVE. TO DALE AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-307-0006-0 1772.0 PINE ST KOEMAN JANICE F 5180 CHICAGO DR HUDSONVILLE Ml 49426 $250.46 $0.00 $250.46
24-205-307-0005-0 1768.0 PINE ST ARELLANO ADAN/MAR 1768 PINE ST MUSKEGON Ml 49442 $256.39 $0.00 $256.39
24-205-307-0003-0 1766.0 PINE ST MCALLISTER BIRDIE 199 W MAPLEWOOD MUSKEGON Ml 49444-0 $444.60 $0.00 $444.60
24-205-30 7-0001-0 1750.0 PINE ST WOODS TERESA R 1750 PINE ST MUSKEGON Ml 49442-5 $407.55 $0.00 $407.55
24-205-297-0013-0 320.0 LARCH AVE JONES BOBBIE 320 E LARCH AVE MUSKEGON Ml 49442 $444.60 $0.00 $444.60
24-205-297-0011-0 1726.0 PINE ST STILLE ALLEN 1957 VALLEY ST MUSKEGON Ml 49442 $444.60 $0.00 $444.60
24-205-297-0010-0 1716.0 PINE ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $222.30 $0.00 $222.30
24-205-297-0009-0 1712.0 PINE ST CONTI MORTGAGE CO PO BOX 65250 SALT LAKE CITUT 84165 $222.30 $0.00 $222.30
24-205-297-0008-0 1708.0 PINE ST BAUER JAMES R 1396 PINE ST MUSKEGON Ml 49442 $222.30 $0.00 $222.30
24-205-297-0007-0 1702.0 PINE ST PEREZ MICHELLE M 1702 PINE ST MUSKEGON Ml 49442 $326.04 $0.00 $326.04
24-205-297-0005-0 1694.0 PINE ST THE HUNTINGTON NA 2361 MORSE RD NC2 COLUMBUS OH 43229-5 $340.86 $0.00 $340.86
24-205-297-0004-0 1690.0 PINE ST MCCOWAN LINDA FLO 155 W BROADWAY AV MUSKEGON Ml 49444 $355.68 $0.00 $355.68
24-205-297-0002-0 1682.0 PINE ST GORDON EUGENE 1682 PINE ST MUSKEGON Ml 49442 $311.22 $0.00 $311.22
24-205-297-0001-0 1676.0 PINE ST LAKETOWN INVESTM 1207 MICHIGAN DR N DUNEDIN FL 34698 $344.57 $0.00 $344.57
6/29/2005
Page 2 of 3
H 1601 HEARING DATE JUNE 28, 2005
PINE ST., LAKETON AVE. TO DALE AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $11,255.79 $0.00 $11,255.79
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
_ 7-11- v.s-
Y COMMISSIONER DATE
.7-/-CS
DATE
6/29/2005
Page 3 of 3
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: June 28, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Evart St., Allen Ave. to Amity Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Evart St. from Allen
Ave. to Amity Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMP ACT:
A total of$8,472.45 would be spread against the four- (4) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-59(b)
Resolution Confirming Special Assessment Roll
For Evart St. from Allen Ave. to Amity Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on January 11, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies ofthe City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (S) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Evart St., Allen Ave. to Amity Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
City of Muskegon
By _p~~~~~~~~~~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on June 28,2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being June 28, 2005.
City of Muskegon
EXHIBIT A
Evart St., Allen to Amity
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Evart St., Allen to Amity
EVART ST., ALLEN AVE. TO AMITY AVE.
VICE MAYOR'S ENDORSEMENT AND WARRANT
I, BILL LARSON, VICE MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE
THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY
TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGON
BY M~MJj
BILL LARSON, VICE MAYOR
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Evart St., Allen Ave. to Amity Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
TH E 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 ADDRES S SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 17TH DAY ~ 2005.
-D. ~.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ .Sf- DAY OF Xu {,y= 2005. ,
~ria .J. !lttu
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 -~0--- c:J 6
June 17, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
EVART ST., ALLEN AVE. TO AMITY AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JUNE 28, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JUNE 28, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $46,000.00 of which$ 8,472.45
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $1984 based on 62 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $241.3 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2225.3 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment:$ 222.53 PER YEAR
Due Date: August 29th, 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~;nt-lG,--~'--F.
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ISABELLA A ;F.
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Evart St. Allen Ave. to Amity Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF DECEMBER,
2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS ,.-
tj -M DAY OF reb/act/' 5t
(:7
, 200A':J
~ . ~ - ldtfu,
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 2-0? 0- tJ 6
H 1597 HEARING DATE JUNE 28, 2005
EVART ST., ALLEN AVE. TO AM ITY AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-850-002-0012-0 1291 .0 AMITY AVE COOPER Ell 5967 AIRLINE RD FRUITPORT Ml 49415 $1 ,984.00 $241.30 $2,225.30
24-850-002-0001-0 941 .0 EVART ST MORRIS CLARA P 941 EVART ST MUSKEGON Ml 49442 $1 ,984.00 $142.24 $2,126.24
24-785-000-0029-0 912.0 EVART ST PUTNEY ROYCE H 912 EVART ST MUSKEGON Ml 49442 $1,984.00 $152.91 $2,136.91
24-785-000-0027-0 1316.0 A LLEN AVE ODNEAL ROBERT 1316 ALLEN AV E MUSKEGON Ml 49442 $1 ,984.00 $0 .00 $1,984.00
TOTALS - - . - --. .. - -·- ---- -- - -- . --- -- - ·-· - --- ----- --- ____ __, -- ---
$7,936.00 $536.45 $8.472.45
PLEASE NOTE: PARCELS SHOWING $0 .00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
CHRIS CARTER CiTY CoMMisSIONER ~{;;f
6/29/2005
Page 1 of 1
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: June 28, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Dale Ave McGraft St to Rnddiman St
)
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Dale Ave. from
McGraft St. to Ruddiman St., and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of$16,252.22 would be spread against the nine- (9) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-59( c)
Resolution Confirming Special Assessment Roll
For Dale Ave. from MeG raft St. to Ruddiman St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on January 11, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Dale Ave., McGraft St. to Ruddiman St.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
City ofMuskegon
By __~~~~~~~~~~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on June 28, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being June 28, 2005.
City of Muskegon
By---~---~
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Gail A. Kundinger, MMC
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City Clerk
EXHIBIT A
Dale Ave., McGraft to Ruddiman
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Dale Ave. between MeG raft & Ruddiman
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
VICE MAYOR'S ENDORSEMENT AND WARRANT
I, BILL LARSON, VICE MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE
THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE
CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGON
-JJ
BY &1i c/U1MY\.J 1
BILL LARSON, VICE MAYOR
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Dale Ave., McGraft St. to Ruddiman 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 17TH DAY OF J NE 2005.
-{)
SUBSCRIBED AND SWORN TO BEFORE ME THIS
Iff DAYOF ZLu i 'L
?
,2005.
~ita A iilti
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 Q?.':l-~tJ l
r
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.
PINE ST., LAKETON AVE. TO DALE AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
All parcels abutting Pine St. from Laketon Ave. to Dale Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on June 28, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and detem1ine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JUNE 18, 2005
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\DALE AVE\Dale SA Con finn Chronicle Notice.doc
June 17, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JUNE 28, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JUNE 28, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $65,000.00 of which
$16,252.22 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1344.2 based on 44 feet assessable front footage at $30.55 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1344.2 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First /nstallment:$134.42 PER YEAR
Due Date: August 29th, 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
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Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lurnp Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Pavments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Half.
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
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.- H-1596
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List infom1ation 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: $
. .
. PROPERTYINFO~TION ·.
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes musl be current to qualify and will be verified by CDBG .stutl)
•. .
. . . ·. OWNER'S SIGNATURE .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
.
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
DALE., MCGRAFT TO RUDDIMAN
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
,( Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
,( Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mmigage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
,( Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reseJTeS the right to verifj1 all application information, and to reject any applications that containfals({ied information or inst!fficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
DALE AVE., MCGRAFT ST. TO RUDDIMAN ST.
EVART ST., ALLEN AVE. TO AMITY AVE.
PINE ST., LAKETON AVE. TO DALE AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Dale Ave. from McGraft St. to Ruddiman St.
All parcels abutting Evart St. from Allen Ave. to Amity Ave.
All parcels abutting Pine St. from Laketon Ave. to Dale Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on June 28, 2005 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JUNE 18, 2005
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\DALE AVE\Dale SA Con finn Chronicle Noticc.doc
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON
JAN 2 8 2005
Resolution No. 2005 03(c) ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Dale Ave., MeG raft to Rulldiman
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January II, 2005 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January II, 2005, there were 30. 64% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and detem1ines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission detennines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set fmih in the
feasibility study and estimates of costs, and directs the City Engineer to proceed vvith
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 r,,.wron and Davis
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.95% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission 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.____~c~a~rLt~e~r~,~Dua~vL,~·s~,~G~a~wur~o~n~,_uLaa~r~s~aun~,~s~b~e~p~b~e~r~d~,r-s~p~a~t~a~r~o~,~--
and Warmington
Nays None
CITY OF MUSKEGON
"' ~a,Lo~~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 11, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By c;t)o.J_,A. 0. L~~~
Gail Kundinger, Clerk
EXHIBIT A
Dale Ave., McGraft to Ruddiman
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Dale Ave. between MeG raft & Ruddiman
SPECIAL ASSESSMENT DISTRICT FOR DALE AVE.
EXHIBIT "A"
t
NO SCALE
FOREST AVE
DALE AVE
DISTRICT
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Dale Ave. Ruddiman St. to McGraft St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF DECEMBER
2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
qrA DAY OF ~ , 200ft'.·'/
H 1596 HEARING DATE JUNE 28, 2005
DALE AVE.,McGRAFT ST. TO RUDDIMAN ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-499-0008-0 1296.0 DALE AVE WARDlE CAMERON B 1296 W DALE AVE MUSKEGON Ml 49441-2 $1,344.20 $0.00 $1,344.20
24-205-499-0008-1 1290.0 DALE AVE MCGINLEY WILLIAM G/ 1290 W DALE AVE MUSKEGON Ml 49441 $1,344.20 $617.78 $1,961.98
24-205-499-0008-2 1284.0 DALE AVE STARK FREDRICK E/E 1284 W DALE AVE MUSKEGON Ml 49441 $1,344.20 $0.00 $1,344.20
24-205-499-0001-0 1669.0 RUDDIMAN ST LIDKE TRENT 1573 JEFFERSON ST MUSKEGON Ml 49441 $2,016.30 $624.44 $2,640.74
24-205-511-0006-1 1692.0 MCGRAFT ST NEUMAN TODD/SPIER 1692 MCGRAFT MUSKEGON Ml 49441 $1,252.55 1,588.66 $2,841.21
24-205-511-0006-0 1283.0 DALE AVE CRITCHETT JERRY W 1164 WILLSHIRE DR MUSKEGON Ml 49445 $1,527.50 $0.00 $1,527.50
24-205-511-0005-2 1273.0 DALE AVE SANDER MARK 1273 W DALE AVE MUSKEGON Ml 49441 $1,252.55 $0.00 $1,252.55
24-205-511-0005-1 1267.0 DALE AVE KLEINER EDWARD H 1267 W DALE AVE MUSKEGON Ml 49441 $1,252.55 $559.79 $1,812.34
24-205-511-0005-0 1261.0 DALE AVE HUTCHINS WILLIAM J/ 262 MAPLE CT MUSKEGON Ml 49445 $1,527.50 $0.00 $1,527.50
TOTALS $12,861.55 $3,390.67 $16,252.22
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
~~c?_:G
CLIFF. TU.. RNER.:~l).E
ECTOR,COUNTY EQUALIZATION DATE
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ST~T~oN CITY COMMISSIONER DATE
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CITY COMMISSIONER
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6/29/2005
Page 1 of 1
Commission Meeting Date: June 28, 200~5'
Date: June 17, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~C
RE: Request for amendment to Planned Unit Development for
100 Muskegon Mall.
SUMMARY OF REQUEST:
Request to amend the Planned Unit Development for 100 Muskegon Mall (the former
Muskegon Mall property), to revise the street design.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request, with the conditions outlined in the
resolution.
COMMITIEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 6/28 meeting.
The vote was unanimous, with B. Mazade and S. Warmington absent.
6/17/2005
,.
CITY OF MUSKEGON
RESOLUTION #2005-60(a)
RESOLUTION FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR
I 00 MUSKEGON MALL
WHEREAS, a petition for a planned unit development amendment was received from Chris
McGuigan, Downtown Muskegon Development Corporation; and
WHEREAS, a planned unit development amendment will allow revisions in the street design of
the PUD for I 00 Muskegon Mall (fonner Muskegon Mall Property); and
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, dming
which all interested persons were given an opportunity to be heard in accordance with provisions
ofthe Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission has recommended approval of the Planned Unit
Development amendment with conditions as follows:
1. All requirements of the approval of the final PUD remain in place.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by the City Planning
Commission be accepted and the planned unit development amendment is hereby approved with
conditions.
Adopted this 28 1h day of June, 2005.
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
Absent: None
By:
Bill Larson, Vice Mayor
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE (1 00 Muskegon Mall PUD Amendment)
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 a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 28 111 day of June, 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: June 28, 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Downtown Muskegon Development Corporation
Amendment#] PUD Approval Submittal
May26, 2005
General I•:xpl:mation of Submittal
This application is submiucd in accordance with the requirements of Sections 2101 and
2332 of the City of Muskegon Zoning Ordinance. Final approval of the PUD was
granted on February 22, 2005 by the City Commission and the applicant is now seeking
approval of Amendment # 1 to accommodate the revised street layout as designed by the
City's consulting engineers, Fleis & Vandenbrink.
The uccompanying drawings show the location of the revised streets, sidewalks, parking
areas and service drives. The primary difference between the revised street pattern and
the approved PUD is as follows:
I. The traffic circles at the intersection ofWcstem Avenue and First Street and
Jefferson and Market Streets have been eliminated. This was done on the advice
of the engineers as proper turning radii were not possible due to the existing
buildings and MDOT requirements for proper street design.
2. Removal of these traffic circles reduced the stunning impact of the new streets
therefore the engineers redesign Western Avenue to be a boulevard. A traffic
circle is proposed at the intersection of Western Avenue and Third Street.
Planners and engineers agree that this proposal restores an impressive rebuild
alternative to Western Avenue.
3. The other change is in the configuration of Jefferson Street. The engineers felt
that the intersections of Jefferson with Morris, Terrace and Morris and Terrace
and Market were in too close a proximity to each other. Therefore it is proposed
that Jefferson flow into Market and then to Terrace. This allows Market to
1·emain a part of the site and a p
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Front Rendering Plan 10: CHP-18581
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First Floor Plan Plan ID : CHP-18581
Order Code: Cl49
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Commission Meeting Date: .June 28, 2005
Date: .June 21 , 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department l_;) .G
RE: Resolution to Sell 284 lona
SUMMARY OF REQUEST: To approve the attached resolution to sell
the city owned house at 284 lona to Mr. Donates M. Keenan, for the
appraised value of $114,500 minus the $35,000 subsidy.
The site at 284 lona was originally a former Turnkey 3 site that had
created a blighting influence on the City for a number of years. The City
of Muskegon purchased the eight sites from the Muskegon Housing
Commission and demolished all the obsolescent structures.
The new home at 284 lona was built by the City to replaced the
demolished house as a part of the Citis aggressive neighborhood
revitalization efforts.
FINANCIAL IMPACT: The program income derived from the sale will be
deposited in the City's HOME account
BUDGET ACTION REQU IRED: None
STAFF RECOMMENDATION: To approve the resolution and the sale of
284 lona to Mr. Keenan and his family.
COMMITTEE RECOMMENDATION: None
MUSKEGON CITY COMMISSION
2005-60(c)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 284 Iona
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the new constructed home for $114,500 which is located at
284 Iona to be used as a single family owner-occupied home by Donates Keenan
and family with a subsidy of$35,000 .
Adopted this 281h day of June, 2005
Ayes: Warmington, Carte r, Dav is, Gawron, Larson, Shephe rd,
and Spataro
Nays: None
By 11-lf/~
Bill Larson, Vice Mayor
By 41:~0 LL~
Gail A. Kundinger, City Clerk
CERTIFICATION
2005-60(c)
This resolution was adopted at a regular meeting of the City Commission, held on June
28, 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
DATE: June 16, 2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040064
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
336 Catawba- Area 11b is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-040064 - 336 Catawba
Location and ownership: This structure is located on Catawba between Pine and
Spring Streets and is owned by Scott!Trinh Dinh, 3959 Sante Fe Court,
Grandville, Ml49418.
Staff Correspondence: A dangerous building inspection was conducted on
06/15/04. An interior inspection was conducted 07/01/04. The Notice and Order
to Repair was issued on 06/17/04. On 09/02/04 the HBA declared the structure
substandard and dangerous.
Owner Contact: No one was present to represent case at HBA meeting. No
permits have been issued, no inspections scheduled and no owner contact.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $16,400
Estimated cost to repair: $45,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Filesi()LKlA\AGENDA- 336 Catawba. doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
336 Catawba
6115104
Inspection noted:
1. Building is unsecured.
2. Fascia partially missing on front of building.
3. Garage wall is partially rotted.
4. Soffit falling off garage.
5. Roof between shed and house is rotted.
6. Rear addition to house is partially rotted.
7. Rear roof and fascia is rotted and needs to be replaced.
8. Interior kitchen ceiling is falling down.
9. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
10. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
DON LABRENZ, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\336 Catawba.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
336 Catawba
(INTERIOR INSPECTION)
711104
Inspection noted:
1. Dryer, laundry outlet, kitchen counters, 2"d floor and furnace disconnect to be
wired to meet Michigan Residential Code 2003. Furnace disconnect must be
accessible.
2. 3 wire outlets to be grounded.
3. Bathroom outlet to be GFI protected.
4. Rear door needs box at light outlet.
5. All painted outlets to be replaced.
6. Service to be replaced to meet Michigan Residential Code 2003.
7. Smoke detectors throughout- hardwire interconnected with battery back up to
meet Michigan Residential Code 2003.
8. Miscellaneous covers and lights are missing -replace.
9. Complete plumbing system to be replaced.
10. Complete ductwork to be replaced.
11. Furnace needs to be certified safe & serviced.
12. Water heater must be replaced.
13. Chimney requires liner to be installed.
14. Remove front ramp and rebuild to meet Michigan Residential Code 2003.
15. Replace all damaged ceiling, wall and flooring- numerous damage.
16. All handrails and guardrails, stairs to meet Michigan Residential Code 2003.
17. Basement floor joists have been over cut, notched incorrectly. Not meeting
proper spans.
18. Severe floor system failure, provide design to code or engineer design -requires
registered engineer.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-724-
6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE OBTAINED
PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-
61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\336 Catawba (2).doc
DATE: May 16,2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040063
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
621 Adams is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN-040061 - 621 Adams Street
Location and ownership: This structure is located on Adams between Langley
and Campbell and is owned by Terry L. Pollard.
Staff Correspondence: A dangerous building inspection was conducted on
05/27/04. An interior inspection was conducted 08/13/04. The Notice and Order
to Repair was issued on 06/03/04. On 01/06/05 the HBA declared the structure
substandard and dangerous.
Owner Contact: Randal & Sandra Bowman was present to represent this case.
Sandra Bowman stated they planned to tear down the garage themselves but
was waiting for dumpster to be delivered. They had wanted to repair it but
concluded it was not cost effective. No permits have been issued nor any
contact from the owners since that time. The HBA declared the structure
(garage) dangerous, substandard and a public nuisance 01/06/05.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $24,300
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files'OLKlA\AGENDA- 621 Adams.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
621 Adams
5127104
Inspection noted:
1. Front stoop entry undermined and ready to collapse.
2. Foundation damage perimeter of home- repair.
3. Lighting fixtures hanging by wires off home.
4. Replace roof covering - need rafter investigation.
5. Brick veneer falling off home and there is leaking behind wall.
6. Damaged entry doors.
7. Cabinet in kitchen ripped apart.
8. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
9. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\621 Adams.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
621 Adams
(INTERIOR INSPECTION)
8/13104
Inspection noted:
1. Replace missing electrical covers and painted over outlets and switches.
2. Ceiling fans to have rated boxes.
3. Replace damaged, missing or incomplete light fixtures.
4. Provide GFI protection in bathroom and kitchen.
5. Size breaker to conductor size.
6. Living room ceiling is falling down.
7. Repair all holes in walls.
8. Ceilings falling down from water damage.
9. Roof needs to be replaced including sheeting.
10. Fac;:ade pulling away from building.
11. Floor in kitchen and bathroom is rotted.
12. Basement walls must be replaced.
13. Kitchen cabinets are rotted and incomplete.
14. Roof needs truss investigation.
15. Building appears to be mold infested.
16. Floor coverings missing.
17. Water heater needs to be replaced.
18. Water piping corroded and needs to be replaced.
19. Tub valve needs to be replaced.
20. Duct needs cleaning.
21. Furnace needs service and inspection.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE. .
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\621 Adams (2).doc
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DATE: June 16, 2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040069
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1778 Pine is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN-040069 -1778 Pine
Location and ownership: This structure is located on Pine between Laketon and
E. Larch and is owned by Robert Zavitz, 1778 Pine, Muskegon, Ml 49442.
Staff Correspondence: A dangerous building inspection was conducted on
07/19/04. An interior inspection was conducted 08/05/04. The Notice and Order
to Repair was issued on 07/23/05. On 01/06/05 the HBA declared the structure
substandard and dangerous.
Owner Contact: Robert Zavitz and sister Bernadine Magna was present for HBA
meeting 11/04/2004 stating he was wheelchair bound and had limited funds and
case was tabled for 30 days to allow owner time to complete repairs. The case
was brought back 01/06/2005 and no progress had been made HBA declared
01/06/05. Mr. Zavitz sister contacted Inspections Department 06/06/05 stating
Mr. Zavitz was in a nursing facility and would not be able to complete repairs.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $10,600
Estimated cost to repair: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local Settingstremporary Internet Files\OLKIA\AGENDA- 1778 Pinc,doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1778 Pine St.
7/19/04
Inspection noted:
1. House roof to be replaced.
2. Fascia is rotting and exposed to weather.
3. Rear steps needs to be repaired.
4. Handrail/guardrail missing on rear steps.
5. Front window is broken.
6. Window sashes are exposed to weather.
7. Siding needs to be repaired.
8. Chimney needs to be repaired or replaced.
9. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
10. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
DON LABRENZ, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK!A\1778 Pine.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1778 PINE
8105/04
Inspection noted:
1. Replace and relocate electric service.
2. Wire doorbell transformer to code.
3. Wire wall light in kitchen to code.
4. Replace laundry room light.
5. Replace cords in attic with permanent wiring method.
6. Wire rear exterior light to code.
7. Ceiling fan to have rated box.
8. Replace missing outlet covers.
9. Replace extension cords with permanent wiring.
10. Water heater vented correctly.
11. Clothes washer drain needs replacing.
12. CPVC water pipe installed incorrectly.
13. Kitchen sink drain needs replacing.
14. Chimney needs repairs.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1778 Pine (2).doc
JU 9 DO
DATE: June 16, 2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040039
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1191 Seventh is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-040039- 1191 Seventh
Location and ownership: This structure is located on Seventh between Clay and
Webster and is owned by Jason Stephenitch, 1191 Seventh, Muskegon, Ml
49442.
Staff Correspondence: A dangerous building inspection was conducted on
03/31/04. The Notice and Order to Repair was issued on 03/31/04. On 06/03/04
the HBA declared the structure substandard and dangerous.
Owner Contact: Mr. Stephen itch was not present for the meeting, but he had
been in the Inspection office previously and spoken with the building official
about repairing the garage. He stated he would schedule the interior inspection
later and submit a timeline for repairs. A building permit was issued 06/07/04 and
expired 10/08/04. Inspection Department sent letter 01/13/05 requesting a
progress inspection be scheduled but have had no contact since that date.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $19,900
Estimated cost to repair: $5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local Settings"IJemporary Internet Files\OLKIA\AGENDA- 1191 Seventh.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1191 Seventh
3131104
Inspection noted:
1. An interior inspection by all trade inspectors is required before any permits
or Certificate of Occupancy will be issued.
2. Rear foundation is failing.
3. Windows are broken out.
4. Retaining wall is failing.
5. Siding is missing over garage door.
6. Garage door is rotted.
7. Chimney needs to be repaired or replaced.
8. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
DONALD LABRENZ II, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Loca1 Settings\Temporary Internet Files\OLK1A\1191 7th.doc
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AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
Press's LLC.
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of ); (an individual trading as _ __
--:--:------:-:c,---,-,---); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1191 Seventh (Garage & Deck) as
well as required supplemental work for the completion of this project, all in strict
accordance with the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $1850.00.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY . o ·/{J-tt ~fA_t?J; ·---'"" - fl-16
Printed name an d title
ATTEST:
~ rft'r
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the _ S.......o<.!....e_,.C',.___ _ _ _ __
of the Corporation named as contractor herein;
That fl lA rt :Sa€! c , who signed this Agreement on behalf of the
Contractor, was then----fl'
~ '--""=
1.~
.......__ _ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
~~"=
(CORPORATE SEAL)
DATE: June 16, 2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040021
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1916 Clinton- is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-040021- 1916 Clinton
Location and ownership: This structure is located on Clinton between E.
Holbrook Ave. and E. Keating Streets and is owned by Jenkins Investment
Properties, 2314 Vincent Dr., Muskegon, Ml49441
Staff Correspondence: A dangerous building inspection was conducted on
01/27/04. An interior inspection was conducted 02/03/04. The Notice and Order
to Repair was issued on 01/29/04. On 01/10/05 the HBA declared the structure
substandard and dangerous with a 120 delay before submitting to the
commission. A progress inspection was conducted 05/12/05.
Owner Contact: Mr. Jenkins was present to represent this case and stated he
had been out of work but now had the financial means necessary to complete the
project. All permits issued have expired. No new permits have been issued and
no owner contact since progress inspection.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $21,100
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local Settings'tfemporary Internet Files"'LKIA\AGENDA -1916 Clinton.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1916 Clinton
1/27/04
Inspection noted:
1. Masonry on chimney is deteriorated and loose.
2. Roof shingles are curling and deteriorated.
3. Broken and boarded windows.
4. Open siding over rear door.
5. Rear handrail loosely mounted.
6. Rotted wood at rear steps.
7. Interior inspection required by trade inspectors (plumbing, mechanical, electrical,
building).
8. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\1916 Clinton.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1916 Clinton
(INTERIOR INSPECTION)
213/04
Inspection noted:
1. Water heater to be replaced.
2. Furnace & ductwork to be cleaned, serviced and certified by licensed
mechanical contractor.
3. Repairs made to waste pipe to be corrected by licensed plumbing
contractor.
4. Second floor bathroom does not meet minimum requirements for fixture
clearances.
5. Service to be replaced and relocated.
6. Exposed knob & tube in basement.
7. Furnace is improperly wired.
8. 3-wire outlets not grounded.
9. Outlets paint filled and unstable.
10. Miscellaneous devices damaged, light fixtures are incomplete and
improperly hung.
11. Smoke detectors missing- required per MRC 2000.
12. Foundation wall repair needed. Tuck point foundation wall- repair all
concrete and masonry on wall to prevent failure and moisture infiltration.
13. Side porch covering near state of collapse. Remove structure or replace
to code. Roof rafters rotted, sheathing rotted, roof covering.
14. Replace all damaged roof covering on entire home.
15. Upper guard must be secured to home to prevent removal of guardrail
system.
16. Scrape and paint all exposed wood on exterior home. Window frames,
trim, etc.
17. Patch and paint all interior ceiling, wall damage.
18. Smoke alarms throughout- hardwired, interconnected with battery back
up- R.317.MRC 2000.
19. Install all handrails, guardrails to meet current code.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1916 Clinton (2).doc
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DATE: June 16, 2005
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050091
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
2355 Lincoln is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-050091 - 2355 Lincoln
Location and ownership: This structure is located on Lincoln between Harding
and Crozier and is owned by Joseph Hock, 1949 Milliron Rd, Muskegon, Ml
49442.
Staff Correspondence: A dangerous building inspection was conducted on
03/01/05 after a fire was reported. An interior inspection was conducted
04/27/05. The Notice and Order to Repair was issued on 03/15/2005. On
05/05/05 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present at the HBA meeting. There has been no
owner contact or permits issued since the interior inspection was conducted
04/27/05.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $18,800
Estimated cost to repair: $40,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 28, 2005.
C:\Documents and Settings\Potter\Local Settings'U'emporary Intemet FilesiOLKlA\AGENDA- 2355 Lincoln.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
(Fire Damaged)
2355 Lincoln
03101105
Inspection noted:
1. Roof system needs replaced, deteriorating parapets.
2. Rebuild fire damage to code- walls, roof, openings, headers, and beams
must be rebuilt to current MRC 2003 code requirements.
3. Truck left in garage, van left in back yard.
4. Shed deteriorating- missing door, remove, rebuild.
5. Interior inspection requested by all trade inspectors.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\2355 Lincoln.doc
City of Muskegon
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Page 1 of 1
Kundinger, Gail
From: Davis, Kevin(Home)
Sent: Sunday, June 19, 2005 10:15 AM
To: Kundinger, Gail
Subject: June 28th meeting
I. return of port -a - potties to Pere Marquette Park.
2. PUD : $10,000 fine for non approval of site plan changes. (per violation)
3. asking VBA to revised Wilcox request.
a) full membership should be present.
b) unit will be weekly rental @ $600 per week approx $2400 per month not a low income rental as
stated by membership..
c) repeal of non compliant building ordnance.
d. status : inspection at sale;
fine for non compliance to inspection;
vendor fees:
cost savings from redistribution of Leisure Services work load. ( top only)
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6/20/2005
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