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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 24, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Fireworks Display - Shrine Circus. CITY CLERK
c. Real Estate Purchase Agreement- Crow Investments. LEISURE SERVICES
d. Sale of Buildable Vacant Lot on Meeking Street. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Sale of Buildable Vacant Lot on Erickson Street. PLANNING &
ECONOMIC DEVELOPMENT
g. Sale of Buildable Vacant Lot on Albert Avenue. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of Non-Buildable Lot at 538 Jackson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
i. Sale of Non-Buildable Lot at 593 Muskegon Avenue. PLANNING &
ECONOMIC DEVELOPMENT
j. Sale of Non-Buildable Lot at 1247 Marcoux Avenue. PLANNING &
ECONOMIC DEVELOPMENT
k. Sale of Non-Buildable Lot at 538 S. Getty Street. PLANNING &
ECONOMIC DEVELOPMENT
I. Sale of Non-Buildable Lot at 1080 Spring Street. PLANNING &
ECONOMIC DEVELOPMENT
m. Brownfield Consulting Contract - Ann Couture. PLANNING &
ECONOMIC DEVELOPMENT
n. Police Command: Pension Ordinance Change. ASSISTANT CITY
MANAGER
o. Consideration of Bids: 2004 Sidewalk Replacement Program.
ENGINEERING
p. Consideration of Bids: Torrent Street, Sherman to Letart. ENGINEERING
q. Consideration of Bids: Walnut Street. Thompson to Wilcox.
ENGINEERING
r. Donation of Salvaged Boiler. ENGINEERING
o PUBLIC HEARINGS:
a. Request for the Transfer of an Industrial Development Certificate -
Burgess-Norton Mfg. Co. to Re-Source Industries, Inc. PLANNING &
ECONOMIC DEVELOPMENT
b. 2004-2005 Public Hearing Proposals. COMMUNITY & NEIGHBORHOOD
SERVICES
c. Create Special Assessment District for Austin Street, Barney to Delano.
ENGINEERING
d. Create Special Assessment District for Ridge Avenue, Cumberland to
Wickham. ENGINEERING
e. Create Special Assessment District for Hudson Street, Forest to Southern.
ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. 2004 Fee Schedule. ENGINEERING
b. FIRST READING: Zoning Ordinance Amendment for Signs. PLANNING &
ECONOMIC DEVELOPMENT
c. Extension of Renaissance Zone Agreement Terms - Shaw Walker.
PLANNING & ECONOMIC DEVELOPMENT
d. Nugent Sand Pipeline Construction. CITY MANAGER
e. Milwaukee Clipper Request. LEISURE SERVICES
f. Public Safety Administrative Consolidation. CITY MANAGER
g. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
1. 637 Amity - Area 11
2. 267 Merrill - Garage Only - Area 10
3. 346 Mason - Area 10
4. 828 W. Southern -Area 12
5. 1719 Wood - Garage Only
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered wifh City Clerk.)
• 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 GA!LA.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, February 9, 2004; and the
Regular Commission Meeting that was held on Tuesday, February 10,
2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 24, 2004
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, February 24,
2004.
Mayor Warmington opened the meeting with a prayer from Pastor Anderson
of the Philadelphia Baptist Church 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, Commissioners
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk
Gail Kundinger.
2004-21 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, February 9, 2004, and the Regular Commission
Meeting that was held on Tuesday, February l 0, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display - Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc. is requesting approval of a
fireworks display permit for March 5th and 6th, at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
c. Real Estate Purchase Agreement - Crow Investments. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the Real Estate
Purchase Agreement with Crow Investments to purchase property for the
Lakeshore Trail.
FINANCIAL IMPACT: $52,000 from the Golf Course Fund
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
d. Sale of Buildable Vacant Lot on Meeking Street. PLANNING &
ECONOMIC DEVELOPMENT
Staff requested item removed for agenda.
e. Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 1030
Ducey Ave. (designated as parcel number 24-612-000-0503-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, Ml. The lot is 150 X 134
ft. and is being offered to the Muskegon County Habitat for Humanity for $9,000.
They plan to split the lot into two 75ft. lots and construct two 1,260 sq. ft., single-
family homes. The homes will conform to the design guidelines contained in the
"Policy for Sale of City-Owned Residential Property." The True Cash Value (TCV)
for the property listed in the Assessor's office is $12,000, so our price is set at
$9,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
f. Sale of Buildable Vacant Lot on Erickson Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 440
Erickson St. (designated as parcel number 24-205-140-0005-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, Ml. The lot is 132 X
l 32ft., and is being offered to the Muskegon County Habitat for Humanity for
$4, 125. They plan to split the lot into two 66ft. lots and construct two 1,260 sq. ft.,
single-family homes. The homes will conform to the design guidelines contained
in the "Policy for Sale of City-Owned Residential Property." The True Cash Value
(TCV) for the property listed in the Assessor's office is $5,500, so our price is set at
$4,125 which is 75% of that amount
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
g. Sale of Buildable Vacant Lot on Albert Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 1338
Albert Ave. (designated as parcel number 24-611-000-0315-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, Ml. The lot is 150 X 132
fl. and is being offered to the Muskegon County Habitat for Humanity for $9,000.
They plan to split the lot into two 75ft. lots, and construct two 1,260 sq. fl., single-
family homes. The homes will conform to the design guidelines contained in the
"Policy for Sale of City-Owned Residential Property." The True Cash Value (TCV)
for the property listed in the Assessor's office is $12,000, so our price is set at
$9,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
h. Sale of Non-Buildable Lot at 538 Jackson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 538
Jackson Ave. (designated as parcel number 24-205-014-0017-00) to J. Arthur
Sanders, owner of 532 Jackson Ave., Muskegon, Ml. Approval of this sale will
allow the adjacent property owner to expand his current yard. In keeping with
the unbuildable lot policy, the lot will be offered to the adjacent property owner
with the smallest lot. Therefore, Mr. Sanders will be offered the 24.8 X 207.3-ft lot
for $100. (This sale was approved and the deposit paid in 2003 prior to the $1 Lot
Marketing Plan being approved.)
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
i. Sale of Non-Buildable Lot at 593 Muskegon Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 593
Muskegon Ave. (designated as parcel number 24-205-345-0003-10) to Marie
Rudd, of 597 W. Muskegon Ave., Muskegon, Ml. Approval of this sale will allow
the adjacent properly owner to expand her current yard. Other adjacent
property owners were offered the other City-Owned lots on that block, but as of
this time have not responded. This lot is being offered to Ms. Rudd for $1 under
the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property lo be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
j. Sale of Non-Buildable Lot at 1247 Marcoux Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at
1247 Marcoux Ave. (designated as parcel number 24-610-000-0178-00) to Garry
& Nancy Workman, owners of 1301 Marcoux Ave., Muskegon, Ml. Approval of
this sale will allow the Workman's to expand the current yard on the house they
are rehabbing. This lot is being offered to the Workman's for $1 under the Dollar
Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution and deed.
k. Sale of Non-Buildable Lot at 538 S. Getty Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 538
Getty St. (designated as parcel number 24-612-000-0647-00) to Archer Holdings,
L.L.C., owner of 548 S. Getty St., Muskegon, Ml. Approval of this sale will allow
the owners of Dailey Cleaners to maintain and beautify this lot located next to
their business. Since this lot is zoned R-1 Residential, it is being offered to Archer
Holdings, L.L.C. for $1 under the Dollar Lot Marketing Plan for residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
I. Sale of Non-Buildable Lot at 1080 Spring Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at
1080 Spring St. (designated as parcel number 24-205-236-0001-00) to Melvin
Kimbrough, Sr.. owner of 1112 spring St., Muskegon, Ml. Approval of this sale will
allow the owner to expand his current yard. This lot has no room for a driveway;
however, Mr. Kimbrough can apply for a variance for front-yard parking. The
other adjacent property has both a driveway and garage. Therefore, the lot is
being offered to Mr. Kimbrough for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOM/y\ENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
m. Brownfield Consulting Contract - Ann Couture. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been contracting with Anne
Couture, of Couture Environmental Strategies LLC, during the last six years, to
assist us with our Brownfield activities. She has excellent contacts at the
Department of Environmental Quality, since she worked there several years ago.
Therefore, her assistance is important in moving forward on the technical
aspects of our Brownfield Authority, as well as grant application assistance. Not
only does Ms. Couture work closely with our City Staff, but we also refer potential
brownfield applicants to her. Since we instituted a Brownfield Redevelopment
Authority application fee, in the amount of $2,500, the City has received funds
which help defray the costs of the contract (in fact, in 2003, there were five
applications). Funds for Ms. Couture's current contract have been expended.
Therefore, the Commission is asked to approve the current proposal from Ms.
Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $15,000. It is expected that
this amount will allow for at least one year of services.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the proposal between the City of
Muskegon and Couture Environmental Strategies LLC, and authorize the Mayor
and Clerk to sign the proposal.
n. FIRST READING: Police Command: Pension Ordinance Change.
ASSIST ANT CITY MANAGER
SUMMARY OF REQUEST: To adopt the pension ordinance change resulting from
contract negotiation with the Police Officer Command Unit. In January, the
Commission approved tentative agreements (TA) reached with the Command
unit; among TAs was a proposed change in the pension multiplier from 2.5% to
2.75% {for normal retirement) effective 12/31 /06, and change the retirement
age from 55w/25 years of service to age 53 w/25 years of service. This is a
normal follow-up action that takes place after the actuarial has reviewed the
appropriate language that will be reflected in the contract.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
o. Consideration of Bids: 2004 Sidewalk Replacement Program.
ENGINEERING
SUMMARY OF REQUEST: The 2004 Sidewalk Replacement contract be awarded
to Accurate Excavators out of Muskegon. Accurate was the lowest, responsible
bidder with a bid price of $200,690.10.
FINANCIAL IMPACT: The construction cost of $200,690.10 plus related
engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to accurate Excavators.
p. Consideration of Bids: Torrent Street, Sherman to Letart. ENGINEERING
SUMMARY OF REQUEST: The contract to construct a new paved (Asphalt) street
on Torrent between Sherman & Letart be awarded to McCormick Sand Co. out
of Shelby. McCormick Sand was the lowest, responsible bidder with a bid price
of $71,692.10.
FINANCIAL IMPACT: The construction cost of $71,692.10 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand Co.
r. Donation of Salvaged Boiler. ENGINEERING
SUMMARY OF REQUEST: Your authorization to donate a boiler that was salvaged
from a previous Filtration plant upgrade to Mount Zion Church of God in Christ is
requested. This boiler is of no use in any of the City owned buildings and has
been setting idle, collecting dust for the last four to five years. After checking
with contractors, we were informed that the cost to assemble is about $2,500
and to install would cost around the same amount.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Donate the Boiler to Mount Zion Church of God in
Christ.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Consent Agenda as read, minus Item Q.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSED
2004-22 ITEMS REMOVED FROM CONSENT AGENDA
q. Consideration of Bids: Walnut Street, Thompson to Wilcox.
ENGINEERING
SUMMARY OF REQUEST: The milling & resurfacing as well as water service
contract (H-1576) on Walnut between Wilcox & Thompson be awarded to
McCormick Sand Co., out of Shelby. McCormick Sand was the lowest,
responsible bidder with a bid price of $41,360.00.
FINANCIAL IMPACT: The construction cost of $41,360 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand Co.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the
milling and resurfacing as well as water service contract on Walnut between
Wilcox & Thompson to McCormick Sand Co.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSED
2004-23 PUBLIC HEARINGS:
a. Request for the Transfer of an Industrial Development Certificate -
Burgess-Norton Mfg. Co. to Re-Source Industries. Inc. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Re-
Source Industries, Inc., 1485 S. Getty St., Muskegon, Ml has requested the transfer
of Industrial Development Certificate No. 96-7 41 for property located at 1485
Getty St., Muskegon, Mi. The certificate was originally requested October 22,
1996 by Burgess-Norton, Manufacturing Co. The transfer will be for real property
only. Re-Source Industries Inc., is a company performing high volume
production machining, and will be transferring their business from their plant in
Coopersville.
FINANCIAL IMPACT: Certain additional income and property taxes will be
collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution transferring the Industrial
Development Certificate to Re-Source Industries, Inc.
The Public Hearing opened at 5:51 pm to hear comments from the public. There
were no comments heard at this time.
Motion by Vice Mayor Larson, second by Commissioner Carter to Close the
Public hearing at 5:54 pm and to approve the resolution transferring the Industrial
Development Certificate to Re-Source Industries Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSED
b. 2004-2005 Public Hearing Proposals. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To accept the proposal packets of proposals solicited by
CNS office for the 2004-2005 fiscal year. To instruct the CNS office to continue
with the Consolidated Planning process which includes proposal reviews and
recommendation by both the Citizen's District Council (CDC) board and
administration before being brought to the City Commission for preliminary and
final decisions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To instruct the CNS office to continue the
consolidated planning process for fiscal year 2004-2005.
The Public Hearing opened at 5:55pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 6:04pm and to accept the packets of proposals solicited
by CNS office for the 2004-2005 fiscal year and to instruct the CNS office to
continue the consolidated planning process for fiscal year 2004-2005.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSED
c. Create Special Assessment District for Austin Street. Barney to Delano.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Austin, Barney to Delano and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:06pm to hear comments from the public.
Comments in opposition were heard from Herbert Grissom of 2278 Austin and
Roger Neilsen of 2156 Austin. Comments in favor were heard from Mary Hussey
of 2115 Austin, William Odneil of 2142 Austin, Patricia Cole of 2124 Austin and
Jacqueline Vines of 2174 Continental.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 6:35pm and to create the special assessment district for Austin,
Barney to Delano and appoint two Commissioners (Carter and Gawron) to the
Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSED
d. Create Special Assessment District for Ridge Avenue. Cumberland to
Wickham. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Ridge Ave., from Cumberland St. to Wickham St. and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution
The Public Hearing opened at 6:43pm to hear comments from the public. There
were no comments heard at this time.
Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public
Hearing at 6:46pm and to deny the request to create the special assessment
district of the Ridge Ave., from Cumberland St. to Wickham St.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Larson
Nays: Gawron, Shepherd, Spataro
MOTION PASSES
e. Create Special Assessment District for Hudson Street. Forest to Southern.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Hudson St., Forest to Southern, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:47pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 6:50pm to approve the request to create the special
assessment district for Hudson St., Forest to Southern and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington
Nays: Larson
MOTION FAILED
2004-24 NEW BUSINESS:
a. 2004 Fee Schedule. ENGINEERING
SUMMARY OF REQUEST: Amend the 2004 Fee Schedule to include a $30.00 none
refundable fee to obtain construction contract documents and plans. At the
present time we have a $25.00 deposit which is refundable upon the return of
the documents. The deposit is not effective at this time since we are issuing an
average of 15-contracts per projects and when they are returned we have little
or no use for all of them.
FINANCIAL IMPACT: Saving of about $450 per year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the amendment and add to the 2004 fee
schedule the cost for construction documents.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
amendment to the 2004 Fee Schedule to include a $30.00 none refundable fee
for construction contract documents and plans.
ROLL VOTE: Ayes Davis, Gawron, Larson, Shepherd, Spataro, Carter
Nays: None
Out of Room: Warmington
MOTION PASSED
b. FIRST READING: Zoning Ordinance Amendment for Signs. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXIII
(General Provisions) of the City's Zoning Ordinance in regards to prohibited and
exempt signs. The amendment creates provisions regarding the installation of
"Community Promotional" banners on poles located on City property.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend and add proposed language in the articles and sections
described above, with the recommended modifications proposed by the
Planning Commission.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/12 meeting. The Planning Commission
deleted the need for an encroachment agreement with the City and added
that there be an agreement with the owner of the pole. This is reflected in the
proposed ordinance. The vote was unanimous with B. Smith absent.
Motion by Vice Mayor Larson, second by Commissioner Spataro to amend
Section 2334 (Signs) of Article XXIII (General Provisions) of the City's Zoning
Ordinance in regards to prohibited and exempt signs, and approve the Planning
Commissions recommendation to delete the need for an encroachment
agreement with the City and that there be an agreement with the owner of the
pole.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSED
c. Extension of Renaissance Zone Agreement Terms - Shaw Walker.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon designated the Shaw Walker
property as a Renaissance Zone in October 2002. As part of the process, an
agreement was entered into with the owner/developer, P & G Holdings, LLC.
The Agreement stated that P & G Holdings would invest at least $3,000,000 in
the property within two years from the date of the property designation as a
Renaissance Zone. Since it has taken longer than expected for the owner to
receive their Remedial Action Plan amendment (RAP - which allows them to
include residential in the building) from the MDEQ, the owners are requesting an
extension on their development requirements. The owners have stayed in
continual contact with City staff throughout this process. They now have their
approved amended RAP and will take out building permits for the Phase I
construction prior to February 24, 2004. They are asking for a one-year extension
on our Agreement, to ensure that construction is completed within the
requirements of the Agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the "First Amendment to Development
Agreement, City of Muskegon Renaissance Zone", allowing for a time extension
to September 1, 2005 to complete Phase I improvements to the Shaw Walker
property.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
"First Amendment to Development Agreement, City of Muskegon Renaissance
Zone", allowing for a time extension to September 1, 2005 to complete Phase 1
improvements to the Shaw Walker property.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSED
d. Nugent Sand Pipeline Construction. CITY MANAGER
SUMMARY OF REQUEST: To consider intervening in Nugent Sand's appeal of the
DEQ decision to deny the permit to construct a pipeline through the Lake
Michigan dune.
FINANCIAL IMPACT: $3,000-$5,000 to file motion to intervene.
BUDGET ACTION REQUIRED: An amendment to the 2004 Budget would be
required.
STAFF RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Larson to authorize
staff to pursue intervening in Nugent Sand's appeal of the DEQ decision to deny
the permit to construct a pipeline through the Lake Michigan dune.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSED
e. Milwaukee Clipper Request. LEISURE SERVICES
SUMMARY OF REQUEST: S.S. Milwaukee Clipper Preservation, Inc. has requested
that they be allowed to permanently moor the Milwaukee Clipper along the
peninsula at Hartshorn Marina.
FINANCIAL IMPACT: Unknown
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Develop a contract to be brought back to the City
Commission.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends
approval of the request.
Motion by Vice Mayor Larson, second by Commissioner Gawron to direct staff to
develop a contract have it be brought back to the City Commission.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSED
f. Public Safety Administrative Consolidation. CITY MANAGER
SUMMARY OF REQUEST: To endorse a proposal to consolidate the administration
of police, fire and inspections.
FINANCIAL IMPACT: Projected first-year net savings of $102,820.
BUDGET ACTION REQUIRED: Savings will be accounted for in future budget
amendments.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Commissioner Gawron to endorse
the proposed Public Safety Administrative Consolidation.
Motion and second amended to endorse the proposal to consolidate the
administration of the Police, Fire, and Inspections and include a request that staff
prepare a recommendation based on the Firefighters information and the
Ludwig proposal and that it be brought back to this Commission no later than
March 23, 2004.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, Spataro
Nays: Davis
MOTION PASSED
g. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request the City Commission concur with the
Housing Board of Appeals that the structures located at the following addresses
are unsafe, substandard, public nuisances and that they be demolished within
thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolition of the structures and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition at the lowest
responsible bidder.
Staff requested that 637 Amity and 267 Merrill be removed from the agenda.
1. 346 Mason
CASE 3 & PROJECT ADDRESS: #EN030171 -346 Mason
LOCATION AND OWNERSHIP: This structure is located on Mason between Sixth
and Seventh Streets and is owned by James Foster.
STAFF CORRESPONDENCE: This case began from a referral from the housing
inspector because of life safety issues. The house had been illegally converted
to 2 units (without permits) and the owner was given 72 hours to have electrical
repairs completed. On 6/18/03 the Director of Inspections notified James Foster
that due to the life safety issues the tenants were being removed from this rental
house. On 11 /20/03 an exterior dangerous building inspection was conducted.
A notice and Order to remove or repair was issued 12/3/03. On 1/8/04 the case
was heard before the HBA and Mr. Foster was present. The structure was
declared on that date. Due to conversations with the attorney for the
mortgage company this office has verified with equalization the ownership,
based on a quit claim deed, of this property.
OWNER CONTACT: James Foster was present at the 1/8/04 HBA meeting and
stated he wanted to save the house. He said he was buying the house back
from Jason Hancock. He was told on that date that he would need to prove
ownership, schedule an interior inspection, submit a timetable for repairs and
pull necessary permits.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $18,700
ESTIMATED COST OF REPAIRS: $35,000
2. 828 W. Southern
CASE# & PROJECT ADDRESS: #EN030178-Address 828 W. Southern
LOCATION AND OWNERSHIP: This structure is located on Southern between
Division and Henry. It is owned by John Joseph, last known address of Grand
Haven, Ml.
STAFF CORRESPONDENCE: A dangerous building interior inspection was
conducted 11 /8/03 and Notice and Order to repair or remove was issued
12/1 /03. On 1/8/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from John Joseph. Julia
Summerville's daughter was present at the 1/8/04 HBA meeting and stated her
mother thought she was buying the house from Mr. Joseph. She was advised to
seek legal advice.
FINANCIAL IMPACT: The demolition will be paid with General Funds.
BUDGET ACTION REQUIRED: None
SEV: $22,100
ESTIMATED COST OF REPAIRS: $23,000
3. 1719 Wood (Garage only)
CASE# & PROJECT ADDRESS: #EN030090 - 1719 Wood St. - Garage only
LOCATION AND OWNERSHIP: This structure is located on Wood between E. Dale
and E. Larch and is owned and occupied by Andrew Patricio.
STAFF CORRESPONDENCE: This garage was written as dangerous on 5/29/03 and
the Notice and Order to repair or remove was issued 6/12/03. The case was
scheduled to go before the HBA on 9/4/03, but was removed from the agenda
when a permit to demolish the garage was applied for by the owner. The
garage was not demolished and on 11 /6/03 the HBA declared the garage.
OWNER CONTACT: On 6/16/03 the owner came into the Inspection office and
scheduled an inspection on the foundation of the garage. The owner stated he
works out of town and would check back later. He mailed in a demolition
permit in July and stated he will come in and pay for it later when he is in town.
On 9/2/03 Mr. Patricio reapplied for a demolition permit. The permit is expired
and the garage has not been demolished.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $14,900 (house and garage)
ESTIMATED COST OF REPAIRS: $1,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 346 Mason, 828 W.
Southern and 1719 Wood (Garage).
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
The Regular Commission meeting for the City of Muskegon was adjourned at
7:39pm.
Respectfully submitted,
~nL~~-
Gail A. Kundinger, MMC
City Clerk
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Shrine Circus
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting
approval of a fireworks display permit for March 5th and 5th, at the Walker
Arena. Fire Marshall Metcalf will inspect the fireworks. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
2004-2l(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: IXX PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO: Jordan Productions Inc.
NAME Jody Jordan President
ADDRESS AGE
4040 S. Pearl, LasVegas NV 36
REPRESENTING
NAME OFORGA)s1ZATION, GROL1', FJR.1,1 OR CORPORATION
Saladin Shrine Temple/Muskegon Shrine Club
ADDRESS
4200 Saladin Drive S.E., Grand Rapids, MI 49546
NUMBER & TYPES OF FIREWORKS: Indoor Fireworks
3 displays over circus rings
2 slow sparkle; 2 fast sparkle; 2 concussion; 2 aerial
DISPLAY: Walker Arena, 955 4th Street, Muskegon, MI 49440
EXACT LOCATION
Walker Arena floor area
CITY, VILLAGE, TO\liNSHIP DATE TIME
Muskegon March 5 & 6, 2004
BOND OR INSURANCE FILED: (X) YES () NO AMOUNT$2,000,000.00
ISSUED BY
Issued by action of the tv!USKEGON CITY COMMISSION
(eoun,11, c:ommi,.1101\, bovd)
of the CITY of Ml/SK EGON
on the _ _:2:...4.c.t=h'------ day of
(702J 4Sl
23l ·r.: .. ... , .,- 21No. 5305 p' 3.P.. 2
APPLICATION
FO~ FIREWORKS 01SFLA Y PERMIT
Act 35&, P,A, 116$ .
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1 AUTOMODIL[ LIAOILl't\l
(l --- ANY AUTO 5-3-03 5-3-04
COMOINF{) SINGLE LIMIT 1,000.000.
AU. OI.NNt:1) AU'f<)::
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- lflRCO AUTOS 1,000.000.
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ANY AUTO
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SHOW DATES: LOCATION:
March 5-6, 2004 Muskegon, ML
nFS(:Rll'TIQlll or OPE:RATION~/LOtA'f'IONSNF.:HICLCS/SPl:CIAl ITFM$
ADDITIONAL INSIJREO IN RF.GARD TO rnr: OP~RATIONS OF THE NAMF:O 1NSUf1[:D:
Arena Management Group, LLC; City of Muskegon, ML; plus those entities
listed on the attatchcd addendum_
.CE!lTIFICATE HOLDER
... CANCELLATIO.N . _.. . . •..
$HQIJLQ ANY Of n-11: AUOVI; 11F.5CR!6EO l'OUGI~ BE CANCi:LLED BEFORe 111E
F.XPIRATION DAlli 'fHF~€0F, Tl![ !SSVINC: COMPANY Wll,.I. F.NOEAVOR 10 MAil,.
City of Mu~kcgon, Mi. . 3_(t DAY5 WnlTTC:N N:;~T·!~!:,l,.',:L-iII; (;l;:IHll,:ICA'l'r; HOl.m::rt NAMl.:O YO 'tHl~ r.r:r-r,
933 Terrace Street nu't /.AIL.UH.I: TO MIIIL- HUCH N Cf Sl!ALL LMl'OS!: NO OOLIGA'r'IQN Oft UAB!LITY
Of' ANY K/m>-···U~oN~ r,,.,,.ANY, ITS AGCN'fS ()R..,,ofl!;;PReSt:NTAYIVl:::'.S.
Muskegon, Mi. 49440 ,,,. - - .....,,, /'J"
. . I .. .
ACORD .25..S (3/~).. .
2282-lSi, [20l) sn3~I3 • 7~DM ~~ • ~or "91'111,0 81 qa.c1
JORDAN PRODUCTIONS, INC.
ADDENDUM TO CF:RTIFICATE OF INSURANCE
In consideration of the agreements by and between the parties, the undersigned;
JORDAN PRODUCT!ONS. INC.
according to the terms of the attached insurance certificate, hereby agree to indemnify:
SALADIN SHRINE CENTER, A.A.O.N.M.S.;
THE IMPERIAL COUNCIL, A.A.O.N.M.S. AN row A CORPORATION, AND ALL
OF THEIR AFFILlATBD CORPORATIONS
SHRINERS HOSPITALS FOR CHILDREN, A COLORADO CORPORATION; AND
ALL OF THEIR AFF!LlATEO CORPORATIONS
ARENA MANAGEMENT GROUP, L.L.C.
CITY AND COUNTY OF MUSKEGON, ALL ELECTED OFFICIALS; ALL
EMPLOYEES AND VOLUNTEERS; ALL BOARD, COMMISSIONS AND
AUTHORITIES AND VOLUNTEERS THEREOF.
from any and all claim, demands and suits, including death, to any person(s) or damage to the
property of any pcrson(s) arising out of and in the course of operations connected with the circus
show to be held March 5 & 6, 2004.
Above said opcrations include animal rides, moonbounce, concessions. and any and all circus
activities.
2282-1 !:;\. f 20l l snJ~IJ Ul~OM N~a~or "91 t 11 1-0 El qa.cJ
Date: February 17, 2004
To: Honorable Mayor ity Commissioners
From: Ric Scott /,L",;v:1-,
RE: Real Estate Purchase Agreement - Crow
Investments
SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the Real Estate
Purchase Agreement with Crow Investments to purchass4e
property for the Lakeshore Trail
FINANCIAL IMPACT:
$52,000 from the Golf Course Fund
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
(231)724-6703
FAX: (231)722-12 14
~Wfi'fJ'.~,ffi'8ulizotion
FAX: (231)726-518 1
g ,;wmNt!'"rlmenl
FAX: (23 1)726-56 17
~~h~~' !2m West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
r23n124-6116
FAX: (231)724-4405
Date ; February 17 , 2004
To: Honorable M~y~~<;./ City Commissioners
Ric Scott ~ -
Communily a nd Re : Real Estate Purchase Agreement - Crow
r2~Nlf1':i1'1/t~ccs Investments
l•AX: (231)726-2501
Attached is the real Estate Purchase Agreement with Crow
Computer Info.
Investments for the purchase of the property for the
r2~m~l'6744
FAX: (23 1)722-4301 Lakeshore Trail. The agreed upon purchase price is
$52 , 0 0 0 . Further , the city will cut the brush between
&11\~~~tni~e,,t. the trail and the water one time when the trail is
FAX: (231)727-6904
constructed.
Staff would recommend that the Mayor and Clerk be
authorized to sign the agreement . This is the last
purchase agreement the city needs to get all the trail
properties purchased. The attorney staff has approved
of the agreement. Money for the purchase will come from
Incom eTax
(23 1}724-6770 the Golf Course Fund.
FAX: (23 1)724-6768
Thank you for your consideration.
Leisure Services
(23 1\724-6704
J.'AX: (231)724-1196
m,w~t~me
FAX: (231)722- 12 14
PlanninP.IZoning
(23 1)724-6702
FAX: (231)724-6790
:;~1l'{f2\~~rni De1>t.
FAX: (231)722-4188
T rcnsurcr's O rficc
(23 1)724-6720
FAX: (231)724-6768
m:rht~~l\ Dept.
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P..O. ~ox 536, Muskegon, MI 49443-0536
www.shorelmec1ty.com
REAL ESTATE PURCHASE AGREEMENT
THISAGREEMENTismade February 24 ,2004,byandbetweenCROW
INVESTMENTS, L.L.C., a Michigan limited liability company, of 1756 Lakeshore Drive, Muskegon,
Michigan 49441 ("Crow"), and TRANQUILITY ENTERPRISES, LLC, a Michigan limited liability
company, of 660 Miller Drive, North Muskegon, Michigan 49445 ("Tranquility"), and the CITY OF
MUSKEGON, of 933 Terrace Street, Muskegon, Michigan 49440 ("City").
RECITAL
A. On November 26, 2003, Crow conveyed to Randy A. Crow and Abby C. Crow, real
property ("Premises") described on Exhibit A hereto. Randy A. Crow and Abby C. Crow on the same date
thereof deeded their interest in the Premises to Tranquility, to be held as an exchange accommodation
titleholder in connection with an Exchange Agreement entered into between Tranquility and Randy A.
Crow and Abby C. Crow to qualify for a I 031 exchange under Section I 031 of the Internal Revenue
Code. The Premises was identified under the Exchange Agreement as the relinquished property.
B. Tranquility, as exchange accommodation titleholder has identified the City as purchaser
of the relinquished Premises for purposes of the Exchange Agreement and hereby desires to enter into this
Agreement with City to transfer its interest in the same.
C. Crow, Tranquility, and City recognize that certain benefits, in addition to cash to be paid
pursuant to Paragraph 2 of this Agreement, shall inure to the benefit of Crow and/or its successors in
interest, which benefits pertain to real property owned by Crow and which is contiguous to the Premises,
including but not limited to all rights which Crow may have in and to the easement agreement with SD
Warren, d/b/a Sappi Fine Paper, North America, which easement is referenced in Paragraph 1 below. It is
further recognized that continuing obligations may exist under this Real Estate Purchase Agreement
regarding the City, which Crow agrees to assume.
D. The parties agree that the intent of this Agreement is that any benefit or continuing
obligation, which either party is entitled to or obligated for, with the exception of the payment ofFifty-
Two Thousand Dollars ($52,000.00) to Tranquility and conveyance of title to the Premises to the City,
will inure to and be a burden upon Crow and the City as defined in this Agreement, and that any
representations or warranties made under the terms of this Agreement, shall be those as made by Crow
and City and shall be enforceable against each of the same.
BASED UPON THE ABOVE RECITALS IT IS HEREBY AGREED AS FOLLOWS:
AGREEMENT
I. General Agreement and Description of Premises. Tranquility agrees to sell, and City
agrees to buy, all ofTranquility's rights, titles, and interests in all adjoining public ways, the real property
("Premises") specifically described as:
See attached Exhibit A
subject to the reservations, restrictions and easements of record, provided said reservations, restrictions
and easements of record are acceptable to City upon disclosure and review of the same, and subject to any
governmental inspections required by law. This sale is contingent upon final review and approval by
F:\Users\ABW\RCProductions\City\RC Prod.City.RealEstatePurchaseAgreement4.DOC
Crow ofa drawing showing the location of the Premises. Notwithstanding the above, all of the
obligations and benefits pursuant to the existing Easement between Crow and S.D. Warren d/b/a Sappi
Fine Paper North America ("Sappi") effective January 1, 2003 ("Easement") shall continue between Crow
and Sappi. City has no interest in payments provided for in the Easement nor assumes Crow's obligations
pursuant to that Easement.
Crow and City acknowledge, as to the existing easement between Crow and Sappi as follows:
A. Crow is not assigning its right to future payments from Sappi;
B. City is not assuming the indemnification obligations of Crow; and
C. To the extent that Sappi, or its successors or assigns, indemnifies Crow, Crow agrees to
indemnify City.
An easement shall be retained for Crow at a mutually agreeable location near the "pig station" and at the
extended Estes Street for access to the remaining parcel lying to the north of premises.
2. Purchase Price aud Manner of Payment. The purchase price for the Premises shall be
$52,000. The purchase price shall be payable by check to Tranquility at closing. In addition to purchase
price, City agrees to cut vegetation on one occasion, such time to be selected by City, on Crow's property
between the Premises acquired by City and the edge of Muskegon Lake. The extent of cutting is
described in Exhibit B, however such obligation shall in no way require City to violate any City
ordinance or State or Federal law or regulation or obtain any permits for such cutting.
3. Taxes and Assessments. All taxes and assessments, which are due and payable at the
time of closing, shall be paid by Crow prior to or at closing. All taxes and special assessments which
become due and payable after closing shall be the responsibility of City; provided, because the Premises
is part of a larger property, the parties agree that Crow shall pay in full all taxes due in 2003, including
those billed on December 1, 2003.
4. Title Insurance. Tranquility agrees to deliver to City's attorney, ten (I 0) days prior to
closing, a commitment for title insurance issued by Land America Title Insurance Company for an
amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions
required herein. In the event the reservations, restrictions or easements of record disclosed by said title
commitment are, in the sole discretion of City, deemed unreasonable, Tranquility shall have forty-five
(45) days from the date Tranquility is notified in writing of such unreasonableness of restriction and such
unmarketability ohitle, to remedy such objections. If Tranquility resolves such restrictions, and remedies
the title (by obtaining satisfactory title insurance or otherwise) within the time specified, City agrees to
complete this sale as herein provided, within ten (10) days of written notification thereof. If Tranquility
fails to resolve such restrictions or remedy the title within the time above specified, or fails to obtain
satisfactory title insurance, this Agreement will be terminated at City's option. The premium for the
owners' title policy shall be paid by City.
5. Personal Property and Fixtures. All personal property and fixtures, which Tranquility
or Crow wishes to remove, shall be removed on or before closing. Any personal property which is left on
the Premises shall be the property of City who may dispose of same.
6. Survey. City, at its own expense, may obtain a survey of the Premises, and City or its
surveyor or other agents may enter the Premises for that purpose prior to closing. If no survey is
obtained, City agrees that City is relying solely upon City's own judgment as to the location, boundaries
F:\Users\ABW\RCProductions\City\RC Prod.City.RealEstatePurchaseAgreernent4.DOC 2
and area of the Premises and improvements thereon without regard to any representations that may have
been made by Crow or Tranquility or any other person. In the event that a survey by a registered land
surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land
boundaries or area, Tranquility shall have the option of effecting a remedy within thirty (30) days after
disclosure. City may elect to purchase the Premises subject to said encroachment or variation. Further,
City has obtained a survey and is satisfied with same, provided no change has been made to the property
since the date of the survey.
7. Environmental Matters. Crow represents and warrants to City as follows:
a. To the best of Crow's knowledge, the Premises have been used and operated by
Crow in compliance with all applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic substances, and the
protection of health and the environment.
b. Crow has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under Michigan
law. The Premises may constitute a facility because of historic fill materials in or in the vicinity
of the Premises. Crow is unaware of any plume of contaminated groundwater in or affecting the
Premises.
c. The Premises does not include any "underground storage tank," as that term is
defined by state or federal law, to the best of Crow's knowledge.
Such representations and warranties shall be deemed to have been made again by Crow as of the
closing. Crow agrees to indemnify City and hold it harmless from and against any and all claims,
demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in
this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the
closing.
8. Indemnification. City agrees that to the extent that it, it's agent, contractors or its
employees damage the Sappi pipeline during the installation or operation of the bike trail, causing injury
or loss to Crow, City agrees to indemnify Crow. Crow agrees that to the extent that the City's property is
damaged due to the Sappi pipeline, Crow agrees to indemnify City as set forth in Paragraph l .C.
9. Condition of Premises and Examination by City. SUBJECT TO THE ABOVE
REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION,
FITNESS FOR APARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETWEEN CROW, TRANQUILITY, AND CITY. CITY UNDERSTANDS AND AGREES
THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THEWARRANTY OF CROW THAT NO HAZARDOUS
SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. CITY FURTHER SAYS THAT IT HAS
PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF
THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS OF CROW.
10. Real Estate Commission. City, Tranquility, and Crow all acknowledge and agree that
they have not dealt with any real estate agents, brokers or salespersons regarding this sale, and that no
agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this
sale. City and Crow both agree to indemnify and hold the other harmless from any liability, including
F:\Users\ABW\RCProductions\City\RC Prod.City.RealEstatePurchaseAgreement4.DOC 3
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate
commission arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be as soon as all contingencies or
requirements are met, but no later than April 15, 2004 ("closing"). The closing shall be conducted at
Land America Title Company, Muskegon, Michigan. The cost of closing shall be paid by City.
12. Delivery of Deed. Tranquility shall execute and deliver a warranty deed to City at
closing for the Premises.
13. Affidavit of Title. At closing, Tranquility shall deliver to City an executed Affidavit of
Title.
14. Date of Possession. Possession of Premises is to be delivered to City by Tranquility on
the date of closing.
15. Costs. Tranquility shall be responsible to pay the Michigan transfer tax in the amount
required by law. Tranquility shall be responsible to pay for the recording of any instrument which must
be recorded to clear and convey marketable title to the extent required by this Agreement or by the title
insurance company. City shall pay for the cost of recording the warranty deed to be delivered at closing
and the title company fees for closing.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this Agreement
only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as plural,
feminine or neuter.
c. Merger. It is understood and agreed that all understandings and agreements
previously made between City, Tranquility, and Crow are merged into this Agreement, which
alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced pursuant to
the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding upon
the parties, their officers, directors, employees, agents, representatives, successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provision of this
Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations, warranties,
covenants and agreements contained in this Agreement and in any instrument provided for herein
shall survive the closing and continue in full force and effect after the consummation of this
purchase and sale and continue until all liabilities of City have been fully satisfied.
F:\Uscrs\ABW\RCProductions\City\RC Prod.City.RealEstatePurchascAgreement4.DOC 4
h. Modification of the Agreement. This Agreement shall not be amended except
by a writing signed by Crow, Tranquility, and City.
The parties have executed this Real Estate Purchase Agreement the day and year first above written.
SELLER: CROW INVESTMENTS, L.L.C.
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Resolution No. 2004-21( e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1030 DUCEY
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, Muskegon County Habitat for Humanity has placed a $400 deposit for the parcel
designated as parcel number 24-612-000-0503-00, located at 1030 Ducey Avenue; and
WHEREAS, the price for parcel number 24-612-000-0503-00 is set by the City at $9,000, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-612-000-0503-00, located at
1030 Ducey Avenue be sold to Muskegon County Habitat for Humanity for $9,000.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 E ½ LOT 502 & LOT
503
Adopted this 24th day of February, 2004
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Absent None
2004-21( e)
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 24, 2004. . /
By: ~ o:Gail~ .Kundinger,MC
~~~~
City Clerk
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made fehcuar;,,v ,Jt
;Joo,'/ , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and MUSKEGON COUNTY HABITAT FOR HUMANITY, a
Michigan nonprofit corporation, with offices at 280 Ottawa Street, Muskegon, Michigan 49442
("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3, EAST ½ OF LOT 502 AND
LOT 503
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine. Thousand and no/I 00 Dollars ($9,000).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
pait of the consideration inuring to the City, Buyer covenants and agrees to split the two lots and
construct on each lot a single-family home, up to all codes, within eighteen (18) months of the
C:\DOCUME-1 \anguilrn\LOCALS-1 \T emp\B E 3291 .doc
closing of this transaction. Buyer may only remove those trees necessary for construction of the
home and driveway. The home shall be substantially completed within eighteen (18) months
and, in the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that each home shall be owner occupied for five (5) years
after the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
2004 ("Closing"). The Closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ __
Muskegon, MI ____ . If necessary, the parties shall execute an IRS closing report at the
Closing.
C:\DOCUME~1\angui!m\LOCALS~1\Temp\BE3291.doc
10. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. · General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors
, and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
C:\DOCUME~1\anguilm\LOCALS~1\Temp\BE3291.doc
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER:
L,",,/• /ottl'r
Gail A. Kundinger, MMC, Clerk
BUYER:
MUSKEGON COUNTY HABITAT
FOR HUMANITY
~~:%~:I£?~~~
EIN: _ _ _ _ _ _ _ _ _ _ _ __
Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MI49440
Phone: (231) 722-1621
C:\DOCUME-1 \anguilm\LOCALS~1\Temp\8E3291.doc
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, of
280 Ottawa Street, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3, EAST½ OF LOT 502 AND LOT 503
for the sum of Nine Thousand and no/100 Dollars ($9,000)
PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall
split each lot and complete construction of one (I) single family home on each lot herein conveyed within eighteen
(18) months after the date hereof. In default of such construction, title to that lot shall revert to the City of
Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only
those trees necessary for construction of the home and driveway. "Complete consttuction means: (1) issuance of a
11
residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Dil'ector
oflnspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title, improvements made thereon shall become the property of Grantor. Provided, further, that Grantee
covenants that the parcel described above shall be improved with one (I) single family home on each lot, and each
lot shall be owner-occupied for five (5) years after the date of this deed. These covenants and conditions shall mn
with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ! f/, day of ;t7l" re 4 ,2004.
Signed in the presence of:
~td/0
.::i1, A.r..r--. I< n, '\<.o ""6\C,
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this J';1-I, day of i2J_c, /"ch ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
~ ~ /J£;z
~L~,~~-~s~·~=t~tLLl'Lr___ ,Notary Public
Parmenter 0 Toole
1
Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-,;;, r -o (;,
Muskegon, MI 49443-0786
Telephone: 23 1/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: February 24, 2004
Date: February 12, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmentefo 0
RE: Sale of Buildable Vacant Lot on Erickson Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 440 Erickson Street (Parcel #24-205-140-
0005-00) to Muskegon County Habitat for Humanity, 280 Ottawa Street, Muskegon, Ml.
The lot is 132 x 132 ft. and is being offered to Muskegon County Habitat for Humanity for
$4,125. They plan to split the lot into two 66 ft. lots and construct two 1,260 sq. ft. single-
family home. The homes will conform to the design guidelines contained in the "Policy for
Sale of City-Owned Residential Property." The True Cash Value (TCV) for the property
listed in the Assessor's office is $5,500, so our price is set at $4,125 which is 75% of that
amount.
FINANCIAL IMPACT:
The sale of this lot for construction of two new homes will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
2/12/04
Resolution No. 2004-21 ( f)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 440 ERICKSON
STREET IN JACKSON HILL NEIGHBORHOOD FOR $4,125.
WHEREAS, Muskegon County Habitat for Humanity has placed a $400 deposit for the parcel
designated as parcel number 24-205-140-0005-00, located at 440 Erickson Street; and
WHEREAS, the price for parcel number 24-205-140-0005-00 is set by the City at $4,125, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-140-0005-00, located at
440 Erickson Street be sold to Muskegon County Habitat for Humanity for $4,125.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 THRU 8 BLK 140
Adopted this 24 th day of February, 2004
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Absent None
2004-21( f)
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 24, 2004.
Gail Kundinger, M
City Clerk
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made hbcu°i( d Y , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, ith office~ at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and MUSKEGON COUNTY HABITAT FOR HUMANITY, a
Michigan nonprofit corporation, with offices at 280 Ottawa Street, Muskegon, Michigan 49442
("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 5 THRU LOT 8, BLOCK 140
Subject to the reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Four Thousand One Hundred Twenty Five and no/100 Dollars ($4,125).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements ofrecord
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to split the two lots and
construct on each lot a single-family home, up to all codes, within eighteen (18) months of the
closing of this transaction. Buyer may only remove those trees necessary for construction of the
C:\DOCUME-1 \anguilm\LOCALS-1 \Temp\BE3319.doc
home and driveway. The home shall be substantially completed within eighteen (I 8) months
and, in the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that each home shall be owner occupied for five (5) years
after the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Conditiou of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERA TE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUB STANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before-------~
2004 ("Closing"). The Closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ __
Muskegon, MI ____ . If necessary, the parties shall execute an IRS closing report at the
Closing.
C:\DOCUME~1\anguilm\LOCALS~1 \Temp\BE3319.doc
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that mnst be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
C:\DOCUME-1\anguilm\LOCALS~1\Temp\BE3319.doc
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The pmiies have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER:
CITY OF MUSKEGON
Gail A. Kundinger, MMC, Clerk
BUYER:
MUSKEGON COUNTY HABITAT
FOR HUMANITY
"
BY.··Lf.-;.~dc:=Lc::.-----J.L-"i?,-ld~~~,---
Its: .£MY!-LL.LL.~::c....~~~!£.'.'iL!~
EIN: _ _ _ _ _ _ _ _ _ _ _ __
Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MJ49440
Phone: (231) 722-1621
C:\DOCUME~1\anguilm\LOCALS~1\Temp\BE3319.doc
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Te1rnce Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, of
280 Ottawa Street, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 5 TI-!RU LOT 8, BLOCK 140
for the sum of Four Thousand One Hundred Twenty Five and no/100 Dollars ($4,125)
PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall
split each lot and complete constmction of one(]) single family home on each lot herein conveyed within eighteen
(18) months after the date hereof In default of such constmction, title to that lot shall reve1t to the City of
Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and elear of any claim of Grantee or its assigns. Buyer shall remove only
those trees necessaiy for construction of the home and driveway. "Complete constructionu means: ( l) issuance of a
residential building pennit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director
of Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title, improvements made thereon shall become the prope1ty of Grantor. Provided, further, that Grantee
covenants that the parcel described above shall be improved with one (I) single family home on each lot, and each
lot shall be owner-occupied for five (5) years after the date of this deed. These covenants and conditions shall run
with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207 .526 Sec. 6(h)(i).
Dated this _ltJ_ day of 7llq cc. 6 , 2004.
Signed in the presence of:
dit11d& ~
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUITCLAIMS TO: J ARTHUR SANDERS, a married man, of2432 Maffett, Muskegon Heights, Michigan
49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, WEST½ OF LOT 17, BLOCK 14
for the sum of: One Hundred Dollars ($100)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Granter. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Granter
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207 .505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this J2/:i._ day of /Jla r c A ,2004.
Signed in the presence of:
L,n d,., s. ,4,,J-r?r
~ ~ ~ ~rl:
::ro f:;\Y)V\ Kruk'.\:>\PS ,c;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,£//, day of 2'.IZzrDb
8t!lii
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, o ~ l f :~e Cit~-
PREPARED BY: .John C. Schrier
Parmenter O'Toole
t;;:J;1i1tlir ' ,
Muskegon County, Michigan
Notary Public
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: ~2~-~«~·~S_-_cJ~ft~-------
Muskegon, MI 49443-0786
Telephone: (231) 722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguilm\LOCALS~1\Temp\BE0047.doc
Commission Meeting Date: February 24, 2004
Date: February 13, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot at 593 Muskegon Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-345-0003-10) at 593
Muskegon Avenue to Marie Rudd, of 597 W. Muskegon Avenue, Muskegon, Ml.
Approval of this sale will allow the adjacent property owner to expand her current yard
(see attached map). Other adjacent property owners were offered the other City-
Owned lots on that block, but as of this time have not responded. This lot is being
offered to Ms. Rudd for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
2/13/2004
CITY OF MUSKEGON
RESOLUTION #2004-21 ( i)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Marie Rudd, 597 W. Muskegon
A venue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to
her property at 593 W. Muskegon Avenue Avenue (parcel #24-205-345-0003 -10);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this prope1iy would be in accordance with prope1iy disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 E ½ LOT 3 BLK 345 be sold to Marie Rudd for $1 .
Resolution adopted this 24°1 day of February, 2004.
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Wannington, Car ter
Nays: None
Absent:
By:
Attest:
2004-2l(i)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
Gail A. Kundinger, MMC
Clerk
el,
/
/
/
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MARIE RUDD, ET AL, c/o My1tlene Hesiben, 1102 Woodside Road, Muskegon, Michigan
49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, EAST½ OF LOT 3 OF BLOCK 345
(COMMON ADDRESS: 593 W. MUSKEGON AVENUE)
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall reve1t to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and te1minate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of ,'11Ja (' c-h ,2004.
Signed in the presence of:
cictndA Jr &th
i.i,,da s. /4rt-t,,,
~ ~ k'. g.. J~ st;
-:s 1:> &w. V\ l-<-n.., t:'ti I.\!> sk_
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this fA day of a rel, JP , /lJ
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.
PREPARED BY: John C. Schrier
9!i71'4! ½).,, t/6
=J:;,,,.,, , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9'-.2 ,:,-o {,
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grnntee SEND SUBSEQUENT TAX BILLS TO: Grantee
S:\Planning\COMMON\Property\Non-Buildable lot Sales\2004 Non-Buildable lot Sales\593 W Muskegon\593 w musekgon-deed.doc
Commission Meeting Date: February 24, 2004
Date: February 18, 2004
To: Honorable Mayor and City Commissioners
from: Planning & Economic Development
RE: Sale of Non-Buildable Lot at 1247 Marcoux Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-610-000-0003-0178-00)
at 1287 Marcoux Avenue to Garry & Nancy Workman, owners of 1301 Marcoux
Avenue, Muskegon, Ml. Approval of this sale will allow the Workman's to expand the
current yard on the house they are rehabing. (see attached map). This lot is being
offered to the Workman's for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and deed.
COMMITTEE RECOMMENDATION:
2/18/2004
CITY OF MUSKEGON
RESOLUTION #2004- 2l(j)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Garry and Nancy Workman, 1247
Marcoux Avenue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located
adjacent to their prope1ty at 1301 Marcoux Avenue Muskegon A venue (parcel #24-610-000-
0178-00);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of fmther maintenance;
WHEREAS, the sale of this prope1ty would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN
RENEWAL PLAT NO 1 LOT 178 be sold to Garry and Nancy Workman for $1.
th
Resolution adopted this 24 day of February, 2004.
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Absent:
Gail A. Kundinger, MMC
Clerk
2004-21 (j)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on Febiuary 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
Gail A. Kundinger, MMC
Clerk
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Twace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to GARRY and NANCY WORKMAN, husband and wife, of 1347 Dudley Avenue, Muskegon,
Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 1, LOT 178 (COMMON ADDRESS: 1287 MARCOUX)
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall reve1t to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _&ii__ day of /JJ4rc/2 ,2004.
Signed in the presence of:
(L,'m/c,
~ /'ot-lf/'
&k,
~ a,_ ,<14,_~"'\l' and
~ o A "'" Krv \4 IN c,\:'.'.; Gail A. Kundinger, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this J'/1,
day of c /, 71la r
,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier ~~A, ~
=S.
ft r
&tLz.
, Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9 - o? s-- 0 b
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME~1\angullm\LOCALS~1\Temp\BE3762.doc
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Commission Meeting Date: February 24, 2004
Date: February 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot at 538 S. Getty Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-612-000-0647-00) at 538
S. Getty Street to Archer Holdings, L.L.C., owner of 548 S. Getty Street, Muskegon, Ml.
Approval of this sale will allow the owners of Dailey Cleaners to maintain and beautify
this lot located next to their business. Since this lot is zoned R-1 Residential, it is being
offered to Archer Holdings, L.L.C. for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
2/16/2004
CITY OF MUSKEGON
RESOLUTION #2004-21 (k)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Archer Holdings, L.L.C., 548 S. Getty
Street, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to
their property at 538 S. Getty Street Muskegon Avenue (parcel #24-612-000-0647-00);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN
RENEWAL PLAT NO 3 LOT 647 & W ½ V AC N/S ALLEY ADJ be sold to Archer Holdings,
L.L.C. for $1.
Resolution adopted this 24th day of February, 2004.
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
By:
Gail A. Kundinger, MMC
Clerk
2004-21(1<::)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ' Q_
Gail A Kundinger, MMC
Clerk
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to ARCHER HOLDINGS, L.L.C., a Michigan Limited Liability Company, of 548 S. Getty Street,
Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3, LOT 647 AND WEST½ OF V AC N/S ADJ
(COMMON ADDRESS: 538 S. GETTY STREET)
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)([) and
MCLA 207.526 Sec. 6(h)(i).
Dated this fl/, day of lJla r c /2 , 2004.
Signed in the presence of:
,~dh
t,,,,Jc,
,dtk
/'ot:N,
~ ~ :K~~ 6 ( (
-::r D -Is I"\" Kf\J k'.1i.., !. \L ·,
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this day of !f/2 /?Jo cch ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
Parmenter O'Toole
ft~ :£;, - /4
Muskegon County, Michigan
~~ublic
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: P- .;;,s--O C
Muskegon, MI49443-0786
Telephone: 231/722-162 I
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
S:\Pfanning\COMMON\Property\Non-Buitdable Lot Sa!es\2004 Non-Buildable Loi Sales\538 S Getty\538 s getty-deed.doc
- - - - - - --
___ mt ____ _
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Commission Meeting Date: February 24, 2004
Date: February 17, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot at 1080 Spring Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-236-0001-00) at
1080 Spring Street to Melvin Kimbrough, Sr., owner of 1112 Spring Street, Muskegon,
Ml. Approval of this sale will allow the owner to expand his current yard. This lot has no
room for a driveway, however, Mr. Kimbrough can apply for a variance for front-yard
parking. The other adjacent property has both a driveway and garage. Therefore, the
lot is being offered to Mr. Kimbrough for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
2/17/2004
CITY OF MUSKEGON
RESOLUTION #2004- 21 ( 1)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Melvin Kimbrough, Sr., 220 W. Grand
Traverse Street, #A, Big Rapids, MI 49307 for the purchase of a vacant, City-owned lot located
adjacent to his property at 1080 Spring Street Muskegon Avenue (parcel #24-205-236-0001-00);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of fwther maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 NW 62 FT OF W 70 FT LOT 1 BLK 236 be sold to Melvin Kimbrough, Sr. for $1.
Resolution adopted this 24th day of February, 2004.
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Attest: ___:~ ~ ~~ 7:_.:._-==-:~ ~ ~~=-
Gail A. Kundinger, MMC
Clerk
2004-21(1)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By L
Gail A. Kundinger, MMC
Clerk
- - - - - - - - - - -
- - - - -------------------------
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MELVIN KIMBROUGH, SR., a single man, of220 W. Grand Traverse Sb·ee~ #A, Big Rapids,
Michigan 49307,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, NORTHWEST 62 FEET OF THE WEST 70 FEET
OF LOT 1 OF BLOCK 236
for the sum of: One Dollar($ 1.00).
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207 .526 Sec. 6(h)(i).
Dated this 1tfL.. day of ffla r c J, , 2004.
Signed in the presence of:
-:So ~>"I K.-0 ~<, ws'(.',
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this J'fl) day of 17lacc I, ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
drJki
Dode lo
x1 r M4
S. ,f-:/1 Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: '1-.;s--o;;
Muskegon, MI49443-0786
Telephone: 23 I /722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguilm\LOCALS~1\Temp\BE4078.doc
Commission Meeting Date: February 24, 2004
Date: February 16, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf8c-,
RE: Brownfield Consulting Contract- Anne Couture
SUMMARY OF REQUEST: The City of Muskegon has been contracting
with Anne Couture, of Couture Environmental Strategies LLC, during the
last six years, to assist us with our Brownfield activities. She has
excellent contacts at the Department of Environmental Quality, since
she worked there several years ago. Therefore, her assistance is
important in moving forward on the technical aspects of our Brownfield
Authority, as well as grant application assistance. Not only does Ms.
Couture work closely with our City Staff, but we also refer potential
brownfield applicants to her. Since we instituted a Brownfield
Redevelopment Authority application fee, in the amount of $2,500, the
City has received funds which help defray the costs of the contract (in
fact, in 2003, there were five applications). Funds for Ms. Couture's
current contract have been expended. Therefore, the Commission is
asked to approve the current proposal from Ms. Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $15,000. It is
expected that this amount will allow for at least one year of services.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and Couture Environmental Strategies
LLC, and authorize the Mayor and Clerk to sign the proposal.
COMMITTEE RECOMMENDATION: None.
2004-21(m)
Couture
Environmental Strategies LLC February 10, 2004
Ms. Cathy Brubaker-Clarke
Diieotor of Community and Eoonomio Development
City of Muskegon
PO Box 536
Muskegon, Ml 49443-0536
Re: Proposal for Continuation of Services
Brownfield Redevelopment Activities
Dear Cathy:
Couture Environmental Strategies LLC is pleased to submit this proposal to the City of
Muskegon ("City") to continue to provide the City with assistance on various b;ownfield
redevelopment activities. This effort primarily involves working with the City, developers,
businesses, and state officials to utilize all available brownfield redevelopment tools that
provide incentives to redevelop brownfield properties within the City. This includes
adding sites to the Muskegon Brovmfield Plan through amendments to the Plan, as -.vell
as pursuing additional grants and loans that may become available to the City to
facilitate its brownfield r0devslopmsnt efforts.
Scope of Work
The Scope of Work for the proposed services of Couture Environmental Strategies LLC
includes the following:
• Based on referrals obtained from the City, work with developers, property owners,
theii attomeys and environmental consultants to evaluate the eligibility of properties
to be included in the City of Muskegon's Brownfield Plan.
• Provide recommendations to the City regarding Brownfield Plan amendments, or
recommend use of other incentives available to the City to redevelop Brownfield
properties.
• Upon concurrence by the City or its Brownfield Authority, prepare amendments to the
Brownfield Plan, with advics and counsel from City attornsys.
• Prepare brownfield grant or loan applications, as directed by the City.
• Undertake other brownfield redevelopment activities as directed by the City.
1451 Shoal Avenue • Richland, Michigan 49083 • 6 16 629•9842 • Fax: 616 629•9104 • E-Mail· couture@net-fink.net
Ms. Cathy Brubaker-Clarke 2 02/10/04
Cost Estimate
The services of Couture Environmental Strategies LLC will be billed to the City on an
hourly basis; my 2004 hourly rate is $160/hour. Time will be billed based on actual
hours worked and direct costs incurred. Costs to the City for these services will not
exceed $15,000 unless specifically authorized by the City.
Agreement
Attached to the letter are Provisions for Representation by Couture Environmental
Strategies LLC ("Provisions"). This letter and the attached Provisions constitute a
contractual agreement for services. If these terms and conditions are acceptable, I
\rvould appreciate your acknov.tledging acceptance of them by signing and returning the
enclosed copy of this letter. Please don't hesitate to call if you have any questions.
Sincerely,
Anne P. Couture
Couture Envirnnmental Strategies LLC
ol-Jr- of
Date
Attachment
Ms. Cathy Brubaker-Clarke 3 02/10/04
PROVISIONS FOR REPRESENTATION BY
COUTURE ENVIRONMENTAL STRATEGIES LLC
Except as modified by an engagement letter, the following provisions will apply to the relationship
between Couture Environmental Strategies LLC and each of its clients:
1. Fees for services rendered will be based on the reasonable value of those services. Fees
will be based primarily on standard hourly billing rates and the numbers of hours worked.
Couture Environmental Strategies LLC will adjust billing rates from time to time.
2. Time for which a client will be charged will include, among other things, telephone and office
conferences with the client, consultants, regulators, public officials, developers, prospective
purchasers, and others; research; report preparation; document review and comment; drafting
of letters, memoranda and other documents; and travel time.
3. In addition to fees, costs and expenses incurred in performing services may be billed, including
photocopying, postage, travel (mileage, meals, lodging), faxes, and other similar costs and
expenses.
4. Although fees or costs are estimated, these estimates are subject to unforeseen circumstances
and are by their nature inexact. CES LLC will not be bound by any estimates except to the
extent expressly set forth in the engagement letter.
5. Fees and expenses wiii be billed monthly.
6. A client shall have the right to terminate our services and representation upon written notice.
Such termination, however, wi!! not relieve the client of the obligation to pay for all services
rendered and costs or expenses paid or incurred on behalf of the client prior to termination.
7. In recognition of the relative risks, rewards and benefits of the Project to both the Client and
CES LLC, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by law, CES LLC total liability to the Client for any and all injuries, claims, losses,
expenses, damages or claim expenses arising out of this agreement from any cause or
causes, shall not exceed CES LLC total fee for services rendered on this project. it is
intended that this limitation apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law.
AGENDA ITEM NO. - - - - - - - -
CITY COMMISSION MEETING 2/18/04
TO: Mayor and City Commissioners
FROM: Lee J. Slaughter, Assistant City Manager
DATE: February 18, 2004
RE: Police Command: Pension Ordinance Change
SUMMARY OF REQUEST
To adopt the pension ordinance change resulting from contract negotiation with the
Police Officer Command Unit. In January, the Commission approved tentative
agreements (TA) reached with the Command unit; among the TA's was a proposed
change in the pension multiplier from 2.5% to 2.75% (for normal retirement) effective
12/31/06, and change the retirement age from 55 w/25 yrs. of service to age 53 w/25 yrs.
of service. This is a normal follow-up action that takes place after the actuarial has
reviewed the appropriate language that will be reflected in the contract.
FINANCIAL IMPACT
None.
BUDGET ACTION
None.
STAFF RECOMMENDATION
Staff recommends approval.
CITY OF MUSKEGON
Ordinance No. 2124
An ordinance amending the Police and Fire Retirement System Ordinance of the
City of Muskegon.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62 of the Code of Ordinances is amended to read as follows:
I. Section 62-311 is amended to read as follows:
Sec. 62-311. Voluntary Retirement.
Any member who has attained voluntary retirement age and has 25 or more years of
credited service in force may retire upon written application filed with the board, setting forth the
first day of the calendar month not more than 90 days subsequent to the execution and filing
thereof the desire to be retired. The voluntary retirement age is 55, except for police patrolmen.
The voluntary age is 53 for police patrolmen. The voluntary retirement age is 53, with 25 years
of service for firefighters. Effective December 31, 2006, the voluntary retirement age is 53 for
police command officers.
2. Section 62-313 of the Code of Ordinances is amended to read as follows:
Sec. 62-313. Deferred retirement (vesting).
(a) A member who terminates city employment as a police officer or firefighter, for a
reason other than retirement or death, and who has and maintains in force the
applicable credited service requirement stated in this section, shall be entitled to a
deferred pension computed according to division 5 of this article as such division was
in force at the time the member left city employment as a police officer or firefighter.
The credited service requirement for a police officer member who terminates such
service on or after January I, 1978, is ten years. The credited service requirement for
a police officer member who terminates such service on or after April I, 1976, but
prior to January I, 1978, is 15years. The credited service requirement fora police
officer member who terminates such service prior to April I, 1976, is 25 years. The
credited service requirement for a firefighter member who terminates such service on
or after January I, 1976, is ten years. The credited service requirement for a
firefighter member who terminates such service prior to January I, 1976, is 25 years.
Such member's retirement and pension payment shall begin the first day of the
calendar month next following the month in which the member files written
application therefore with the board, but in no case shall payment begin prior to the
first day of the calendar month next following the month in which the member attains
age 55 years. Such member's entitlement to a deferred pension shall be forfeited if
the member withdraws the accumulated contributions from the reserve for employee
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contributions. Except as specifically otherwise provided in this article, such member
shall in no case receive credited service for the period of this absence from city
employment as a police officer or firefighter.
(b) Each year following receipt of the report of the annual actuarial valuation, the excess,
if any, of the reported value of pensions being paid and likely to be paid retirants and
beneficiaries over the balance in the reserve for retired benefit payments shall be
transferred from the reserve for employer contributions to the reserve for retired
benefit payments.
2. Section 62-331 of the Code of Ordinances is amended to read as follows:
Sec. 62-331. Pension amount.
Upon retirement as provided division 4 of this article, a member or former
member shall be paid a level straight life pension terminating upon death or as the
member may elect, within the ninety-day period immediately preceding or the
twenty-day period immediate following the date the member's retirement begins,
to be paid the member's pension under an optional form of payment provided in
section 16 in lieu of a level straight life pension. Subject to section 23, the
amount of the level straight life pension shall be:
Maximum Years of Maximum Pension Amount
Retirement Date Factor Credited Service
Fire Chief
Before 7/ 1/85 2.0% 25 Years 70% of budgeted Firefighter
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Firefighter
and 12/31/89 Compensation
Between 1/1/90 2.3% 35 Years 75% of Budgeted Firefighter
-and 12/31/91 Compensation
Between 1/1/92 2.3% 35 years 80% of Fire Chief's Final
and 12/3 1/95 Average Compensation
On or After 1/1/96 2.5% 32 years 80% of Final Average Compensation
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Firefighters
Before 7/1/85 2.0% 25 Years 70% of Budgeted Firefighter
Compensation
Between 7/1/85 2.0% 25 Years 70% of Budgeted Firefighter
and 12/3 1/87 Compensation
Between 1/1/87 2.0% 35 Years 75% of Budgeted Firefighter
and 12/31/89 Compensation
Between 1/1/90 2.3% 35 Years 75% of Budgeted Firefighter
and 12/31/92 Compensation
Between l/l /93 2.3% 35 Years 75% of Member's Final
and 12/31/95 Average Compensation
Between 1/1/96 2.5% 32 Years 80% of Member's Final
and 12/3 1/02 Average Compensation
On or After 1/1/03 2.6% No Limit 85% of Member's Final
Average Compensation
Police Chief and Assistant Police Chief
Before 7/1/85 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Patrolmen
and 12/3 1/90 Compensation
Between 1/1/91 2.3% 35 Years 80% of Final Average
and 12/31/97 Compensation
-On or After 1/1/98 2.5% 35 Years 80% of Final Average
Compensation
Police Command: Voluntary Retirement
Before 7/1/85 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Patrolmen
and 12/31/90 Compensation
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Police Command: Voluntary Retirement (Continued)
Between 1/1/91 2.3% 35 Years 80% of Final Average
and 12/31/97 Compensation
Between 1/1/98 2.5% 35 Years 80% of Final Average
and 12/30/06 Compensation
On or After 12/3 1/06 2.75% 35 Years 80% of Final Average
Compensation
Police Command: Deferred Retirement
Before 7/1/85 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 7/1/85 2.0% 35 Years 75% of Budgeted Patrolmen
and 12/3 1/90 Compensation
Between 1/1/91 2.3% 35 Years 80% of Final Average
and 12/3 1/97 Compensation
After 1/1/98 2.5% 35 Years 80% of Final Average
Police Patrol
Before 12/3 1/90 2.0% 25 Years 70% of Budgeted Patrolmen
Compensation
Between 111/91 2.2% No Limit 70% of the Officer's Final
and 6/30/93 Average Compensation
Between 7/1/93 2.3% No Limit 70% of the Officer's Final
and 12/3 1/94 Average Compensation
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Between l/ 1/9 5 2.3% No Limit 75% of the Officer's Final
and 12/31/98 Average Compensation
On or after 1/1/99 2.5% No Limit 75% of the Officer's Final
Average Compensation
"Budgeted firefighter compensation" and "budgeted patrolmen compensation"
shall mean that amount fixed in the City budget for the fiscal year the employee
terminates employment with a deferred pension or retires pursuant to Section 12
or 13. Ordinance No. 1028 shall not result in an increase or decrease of benefits
for an employee or retiree except as pertains to the maximum benefit increase for
the Fire Chief.
3. Section 62-351 is amended to read as follows:
Sec. 62-351. Optional forms of payment.
Within the 90-day period immediately preceding or the 20-day period
immediately following the date retirement begins, a member or former member may elect
to be paid the member or former member's pension under one of the following optional
forms of payment in lieu of a level straight life pension. The amount of an optional form
of pension payment shall be the actuarial equivalent of the amount of the level straight
life pension. If a member or former member does not make a timely election of an
optional form of payment he shall be paid a level straight life pension.
(!) Option A -Joint and survivor pension. Under option A a retirant shall be paid
a reduced pension throughout life with the provision that upon death the full
reduced pension shall be continued throughout the future life of and paid to
such person, having an insurable interest in the retirant's life, as nominated by
the member by written designation dulyexecuted and filed with the board at
the time of his election of option A.
(2) Option B-Under Option B. An employee of the fire department who is a
member of the I.A.F.F. and who retires on or after January!, 1984, a police
command officer who retires on or after January 1, 1986, or a patrol officer
who retires on or after January, 1986, pursuant to section 62-311 may elect to
be paid a refund of all or part of the accumulated contributions standing to the
member's credit in the reserve for employee contributions at the effective date
of retirement. A member who terminates city employment with a pension
payable pursuant to section 62-313 may elect to be paid a refund of all or part
of the member's accumulated contributions on the effective date ofretirement.
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Provided, however, that any member who withdraws accumulated
contributions prior to the effective date ofretirement shall forfeit any right to
a pension. Upon election of this refund provision, the retirant's straight life
pension shall be reduced by an amount which is actuarially equivalent to the
refunded accumulated contributions. For firefighter members and police
patrol members, the actuarial equivalent amount shall be computed on the
basis of the mortality table, adopted by the board of trustees, and the interest
rate, published monthly by the Pension Benefit Guaranty Corporation for use
in, converting a series of monthly annuity payments into a lump sum value, in
effect at the date ofretirement. For police command members, police chief,
fire chief, and assistant police chief who retire prior to December 31 , 2003,
the actuarial equivalent amount shall be computed on the basis of the
mortality table, adopted by the board of trustees, and the interest rate,
published monthly by the Pension Benefit Guaranty Corporation for use in,
converting a series of monthly annuity payments into a lump sum value, in
effect at the date ofretirement. For police command members, police chief,
fire chief and assistant police chief, who retire after January 1, 2004, the
actuarial equivalent amount shall be computed on the basis of the mortality
table, adopted by the board of trustees, and the interest rate, computed using
the same actuarial assumptions that are used to compute the City's annual
pension contribution, in effect at the date of retirement. The retiring member
may elect option A or option B in conjunction with the refund provision of
this subsection.
This ordinance adopted:
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Adoption Date: February 24, 2004
Effective Date: March 12, 2004
First Reading: February 24, 2004
Second Reading: N/A
- - - -- - - - - - -
CITY OF MUSKEGON
By ---.:/==~~~~ .!..Y::=:'.!::~~~
Gail A. Kundinger, MMC
City Clerk
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CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 24 th day of February,
2004, 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: February 24 , 2004
~0-~r
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final
adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on February 24 , 2004, the City Commission of
the City of Muskegon adopted amendments to Chapter 62 of the Muskegon City Code
concerning the Police and Fire Retirement system, summarized as follows:
1. Section 62-311 is amended to reduce the voluntary retirement age for
Police Command officers from 55 years to 53 years with 25 years of
service.
2. Section 62-313 is amended to provide technical corrections clarifying the
credited service requirements for police officers and firefighters.
3. Section 62-331 is amended to increase the pension multiplier for police
command officers who retire on or after December 31, 2006 from 2.5% to
2.75%.
4. Section 62-351(2) is amended to change the interest rate for Police
Command officers, police chief, fire chief, and assistant police chief who
withdraw their pensions in one lump sum for the purpose of computing the
annuity withdrawal. The amendment will require using the same
assumptions that are used to compute the City's annual pension
contribution, instead of using the rate published by the Pension Benefit
Guaranty Corporation.
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 (10) days from the date of this
publication.
Published: __M_a_r_c_h
__2_ _ _,2004 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
C:\Documents and Scttings\Slaughter· Local Settings\Temporary Internet Files\OLKI 28\BO9960.DOC
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
2004 Sidewalk Replacement Program
SUMMARY OF REQUEST:
The 2004 Sidewalk Replacement contract be awarded to Accurate Excavators out of
Muskegon. Accurate was the lowest, see attached bid tabulation, responsible bidder with
a bid price of $200,690.10.
FINANCIAL IMPACT:
The construction cost of $200,690.1 0 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Accurate Excavators
COMMITTEE RECOMMENDATION:
H-1572
SIDEWALK REPLACEMENT PROGRAM FOR 2004
BID TABULATION
02/17/04
MUSKEGON QUALITY NORTH RIVER ACCURATE
CONTRACTOR BUILDERS C & D HUGHES EXCAVATING, INC. MCCORMICK SANO, INC EXCAVATORS
ADDRESS ENGINEER'S ESTIMATE 2837 PECK ST. 3097 LANSING RD. 9918 N. RIVER RD. 995 S. 102ND AVE. 4040 CENTRAL RD.
CITY/ST/ZIP MUSKEGON Ml 49444 CHARLOTTE Ml 48813 NEWAYGO Ml 49337 SHELBY Ml 49455 MUSKEGON Ml 49445
UNIT TOTAL UNIT TOTAL TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
ITEM OF WORK UNIT QTY COST PRICE COST PRICE UNIT COST PRICE COST PRICE COST PRICE COST PRICE
1 BORROW FILL CUY0 50 $10.00 $500 $11.30 $565.00 $15.00 $750.00 $6.00 $300.00 $6.00 $300.00 $10.00 $500.00
2 CEMENT TON 10 $125.00 $1,250 $100.00 $1,000.00 $100.00 $1,000.00 $130.00 $1,300.00 $125.00 $1,250.00 $130.00 $1,300.00
3 CONCRETE CURB,6" X 14" L FT 100 $18.00 $1,800 $16.00 $1,600.00 $15.00 $1,500.00 $18.00 $1,800.00 $15.00 $1,500.00 $17.00 $1,700.00
4 CONCRETE CURB & GUTTER. AS DIRECTED LFT 300 $18.00 $5,400 $17.00 $5,100.00 $15.00 $4,500.00 $16.00 $4,800.00 $15.00 $4,500.00 $17.00 $5,100.00
5 CONCRETE DRIVE APPROACH, 6 .. SQYD 1,888 $31.00 $58,528 $28.80 $54,374.40 $25.00 $47,200.00 $29.00 $54,752.00 $29.85 $56,356.80 $27.00 $50,976.00
6 CONCRETE SIDEWALK, 4" SOFT 23,575 $2.70 $63,653 $2.69 $63,416.75 $2.47 $58,230.25 $2.20 $51,865.00 $2.40 $56,580.00 $2.30 $54,222.50
7 CONCRETE SIDEWALK, 6" SOFT 3,630 $5.00 $18,150 $3.20 $11,616.00 $3.10 $11,253.00 $4.75 $17,242.50 $4.00 $14,520.00 $2.75 $9,982.50
8 CONCRETE SIDEWALK RAMP.TYPE I OR TYPE Ill SQ FT 3,958 $4.00 $15,832 $3.20 $12,665.60 $2.20 $8,707.60 $5.00 $19,790.00 $4.40 $17,415.20 $3.00 $11,874.00
9 EXCAVATION CUYD 75 $14.00 $1,050 $5.50 $412.50 $10.00 $750.00 $5.00 $375.00 $10.00 $750.00 $10.00 $750.00
10 REMOVING CONCRETE CURB LFT 480 $11.75 $5,640 $6.60 $3,168.00 $8.00 $3,840.00 $10.00 $4,800.00 $11.00 $5,280.00 $9.50 $4,560.00
11 REMOVING CONCRETE CURB & GUTTER L FT 200 $12.25 $2,450 $8.80 $1,760.00 $8.00 $1,600.00 $10.00 $2,000.00 $8.00 $1,600.00 $9.50 $1,900.00
12 REMOVING CONCRETE DRIVE APPROACH SQYD 1,888 $10.00 $18,880 $3.24 $6,117.12 $10.00 $18,880.00 $8.20 $15,481.60 $9.00 $16,992.00 $9.50 $17,936.00
13 REMOVING CONCRETE SIDEWALK SQFT 31,163 $1.00 $31,163 $1.29 $40,200.27 $1.00 $31,163.00 $1.00 $31,163.00 $1.30 $40.511.90 $0.70 $21,814.10
14 ROOT CUTTING FORS. W. INSTALLATlON, 10"-20" TREES /ESTIMATED} EACH 65 $65.00 $4,225 $11.30 $734.50 $70.00 $4,550.00 $65.00 $4,225.00 $60.00 $3,900.00 $60.00 $3,900.00
15 ROOT CUTTING FOR SW. INSTALLATION, 20"· 30" TREES {ESTIMATED) EACH 85 $75.00 $6,375 $16.95 $1,440.75 $90.00 $7,650.00 $75.00 $6,375.00 $70.00 $5,950.00 $75.00 $6,375.00
16 ROOT CUTTING FORS. W. lNSTALLATION, TREES OVER 30" (ESTIMATED\ EACH 70 $110.00 $7,700 $22.60 $1,582.00 $110.00 $7,700.00 $100.00 $7,000.00 $95.00 $6,650.00 $90.00 $6,300.00
17 ADJUST MANHOLE OR CATCH BASIN EACH 5 $250.00 $1,250 $113.00 $565.00 $400.00 $2,000.00 $150.00 $750.00 $300.00 $1,500.00 $150.00 $750.00
18 RECONSTRUCT MANHOLE OR CATCH BASIN V.FT. 5 $500.00 $2,500 $252.00 $1,260.00 $500.00 $2,500.00 $50.00 $250.00 $600.00 $3,000.00 $150.00 $750.00
TOTALS $246,345.50 $207,577.89 $213,773.85 $224,269.10 $238,555.90 S200.sso.10 l
H-1572
SIDEWALK REPLACEMENT PROGRAM FOR 2004
BID TABULATION
02/17/04
MUSKEGON QUALITY NORTH RIVER ACCURATE
CONTRACTOR BUILDERS C & D HUGHES EXCAVATING, INC. MCCORMICK SANO, INC EXCAVATORS
ADDRESS ENGINEER'S ESTIMATE 2837 PECK ST. 3097 LANSING RD. 9918 N. RIVER RD. 995 S. 102ND AVE. 4040 CENTRAL RD.
CITY/ST/ZIP MUSKEGON Ml 49444 CHARLOTTE Ml 48813 NEWAYGO, Ml 49337 SHELBY, Ml 49455 MUSKEGON, Ml 49445
UNIT TOTAL UNIT TOTAL TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
ITEM OF WORK UNIT QTY COST PRICE COST PRICE UNIT COST PRICE COST PRICE COST PRICE COST PRICE
1 BORROW FILL CUYD 50 $10.00 $500 $11.30 $565.00 $15.00 $750.00 $6.00 $300.00 $6.00 $300.00 $10.00 $500.00
2 CEMENT TON 10 $125.00 $1,250 $100.00 $1,000.00 $100.00 $1,000.00 $130.00 $1,300.00 $125.00 $1,250.00 $130.00 $1,300.00
3 CONCRETE CURB,6" X 14" L FT 100 $18.00 $1,800 $16.00 $1,600.00 $15.00 $1,500.00 $18.00 $1,800.00 $15.00 $1,500.00 S17.00 $1,700.00
4 CONCRETE CURB & GUTTER, AS DIRECTED LFT 300 $18.00 $5,400 $17.00 $5,100.00 $15.00 $4,500.00 $16.00 $4,800.00 $15.00 $4,500.00 $17.00 $5,100.00
5 CONCRETE DRIVE APPROACH, 6" SQYO 1,888 S31.00 $58,528 $28.80 $54,374.40 $25.00 $47,200.00 $29.00 $54,752.00 $29.85 $56,356.80 S27.00 $50,976.00
6 CONCRETE SIDEWALK, 4" SQFT 23,575 $2.70 $63.653 S2.69 $63,416.75 $2.47 $58,230.25 $2.20 $51,865.00 $2.40 $56.580.00 S2.30 $54,222.50
7 CONCRETE SIDEWALK, 6" SQFT 3,630 $5.00 $18,150 $3.20 $11,616.00 $3.10 $11,253.00 $4.75 $17,242.50 $4.00 $14,520.00 $2.75 $9,982.50
8 CONCRETE SIDEWALK RAMP,TYPE I OR TYPE Ill SQFT 3,958 $4.00 $15.832 $3.20 $12,665.60 $2.20 $8,707.60 $5.00 $19,790.00 $4.40 $17,415.20 $3.00 $11,874.00
g EXCAVATION CUYD 75 $14.00 $1,050 $5.50 $412.50 $10.00 $750.00 $5.00 $375.00 $10.00 $750.00 $10.00 $750.00
10 REMOVING CONCRETE CURB L FT 480 $11.75 $5,640 $6.60 $3,168.00 $8.00 S3,840.00 $10.00 $4,800.00 $11.00 $5,280.00 $9.50 $4,560.00
11 REMOVING CONCRETE CURB & GUTTER LFT 200 $12.25 $2,450 $8.80 $1,760.00 $8.00 $1,600.00 $10.00 $2,000.00 $8.00 $1,600.00 $9.50 $1,900.00
12 REMOVING CONCRETE DRIVE APPROACH SQYD 1,888 $10.00 $18.880 $3.24 $6,117.12 $10.00 $18.880.00 $8.20 $15,481.60 $9.00 $16,992.00 $9.50 $17,936.00
13 REMOVING CONCRETE SIDEWALK SQ FT 31,163 $1.00 $31,163 $1.29 $40.200.27 $1.00 $31,163.00 $1.00 $31,163.00 $1.30 $40,511.90 $0.70 $21,814.10
14 ROOT CUTTING FOR S. W. INSTALLATION, 1 0"- 20" TREES (ESTIMATED\ EACH 65 $65.00 $4,225 $11.30 $734.50 $70.00 $4,550.00 $65.00 $4,225.00 $60.00 $3,900.00 $60.00 $3,900.00
15 ROOT CUTTING FOR SW. INSTALLATION, 20"- 30" TREES /ESTIMATED1 EACH 85 $75.00 $6,375 $16.95 $1,440.75 $90.00 $7,650.00 $75.00 $6,375.00 $70.00 $5,950.00 $75.00 $6,375.00
16 ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30" /ESTIMATED1 EACH 70 $110.00 $7,700 $22.60 $1,582.00 $110.00 $7,700.00 $100.00 $7,000.00 $95,00 $6,650.00 $90.00 $6,300.00
17 ADJUST MANHOLE OR CATCH BASIN EACH 5 $250.00 $1,250 $113.00 $565.00 $400.00 $2,000.00 $150.00 $750.00 $300.00 $1,500.00 $150.00 S750.00
18 RECONSTRUCT MANHOLE OR CATCH BASIN V. FT. 5 $500.00 $2.500 $252.00 $1,260.00 S500.00 $2,500.00 $50.00 $250.00 $600.00 $3,000.00 $150.00 $750.00
TOTALS $246,345.50 $207,577.89 $213,773.85 $224,269.1 0 $238,555.90 $200,690.10
Feb 18 04 12:37p Roger Jourden 231 7802097 p.2
4040 Central Rd. Muskegon, Michigan 49445 231 780-2097 231 766-0557
February 18, 2004
City of Muskegon
933 Terrace St.
Muskegon,Ml49443
To Whom ft May Concern:
I am writing this letter to introduce myself, and my company to the employees and
commissioners of the City of Muskegon. As the low bidder on the Sidewalk Replacement for
2004, I feel it is necessary for me to share personal and professional background with you.
My employment history begins working for my father at Michigan's Adventure
Amusement Park. Until the park was sold in 2001 I was heavily involved with day to day
operations of the amusement park, and of our in house construction and excavating businesses.
After the sale of Michigan's Adventure I was employed by Jackson-Merkey Contractors of
Muskegon. I acted as an equipment operator, truck driver and laborer. In November of2001 I
decided to start Accurate Excavators.
My company's initial direction was to very small residential work. I recognized a niche
in "small jobs" and my equipment catered to that niche. Over the past three years Accurate
Excavators has grown considerably. Our reputation for the highest quality work and on-time
service has reaped us great rewards. By spring of2003 we had built a solid clientele of
residential contractors, individuals, and general contractors. As our reputation grew, so did our
fleet of equipment. The small equipment remains, but new and larger equipment now sits beside
the original machines. During the fall of2003 we were able to dip our feet into the world of
public contract work. We were awarded a job for Oceana County doing site work for the
Medical Care Facility. We continue to research other larger commercial and public projects that
will help to move our company to the forefront of West Michigan excavating contractors.
In regards to the Muskegon Sidewalk Replacement for 2004, I feel Accurate Excavators
is the best suited company to perform this project. I have allied myself with Andy Brown of
Brown Concrete Construction. Brown's firm was responsible for all of the concrete work for the
2003 program, which was considerably larger. Brown was able to complete last year's project as
a sub-contractor with no major problems. Accurate Excavators' fleet of equipment is by far the
best suited to complete a concrete removal project of this type. Utilizing a I 0,000 lb compact
rubber tracked excavator equipped with a concrete removal bucket, we will be able to remove
sidewalks while doing little or no damage to surrounding landscaping and structures. I feel that
Feb 18 04 12: 37p Roger Jourden 231 7802097 p. 3 ..
my team of employees possesses the skills and drive needed to complete this project in a high
quality and timely manner.
l have included with this letter an assortment ofletters of recommendation from notable
figures in the Muskegon construction industry. I also included a letter from my insurance agent.
Please feel free to contact any of these references or myself with any questions. While I am
aware that we are a firm whom you have not done business with in the past, I feel that we are
well suited to complete this project, and hope this can be the start of a great future.
~(R_
Roger D. Jourden II
President
F"b 18 04 12:37p Roger Jourden 231 7802097 p.4
Accurate Excavators Staff
3 full time employees, and 3 part time employees, more to be hired Spring 2004
Accurate Excavators Equipment as of February 18, 2004
1997 Ford F-250 Pick-Up
2003 Ford F-250 Pick-Up
2002 Sterling Actera Tandem Axle Dump Truck
1998 Takeuchi TL26 Rubber Tracked Loader
2002 Kubota 121-3 Rubber Tracked Compact Excavator
I 997 Kobelco 150 Excavator
2003 Interstate 20 Ton Tag Trailer
2003 Contrail ID,000 lb Tag Trailer
Accurate Excavators Equipment to be purchased Spring 2004
2004 Caterpillar 938G Front End Loader (negotiations in progress)
2004 Takeuchi TL 150 Rubber Tracked Loader
2004 Edge Drum Roller Attachment
Accurate Excavators Small Tools and Equipment as of February 18, 2004
Compactor
Cut-Off Saw
Laser Level
Concrete Removal Bucket
Grapple Bucket
Pallet Forks
Brush Hog Mower
Numerous hand and plumbing tools
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Torrent St., Sherman to Letart
SUMMARY OF REQUEST:
The contract to construct a new paved (Asphalt) street on Torrent between Sherman &
Letart be awarded to McCormick Sand Co. out of Shelby. McCormick Sand was the
lowest, see attached bid tabulation, responsible bidder with a bid price of $71,692.10
FINANCIAL IMPACT:
The construction cost of $71,692.10 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to McCormick Sand Co.
COMMITTEE RECOMMENDATION:
TORRENT ST., SHERMAN BLV
CONTRACTOR LYONNAIS, INC. DOUBLE L ENTERP
ADDRESS ENGINEER'S ESTJMATE 5189 CONCKL!N RO. 5215 INOUSTR!Al PA
CITY/ST/ZIP LOWELL, Ml 49331 MONT AGUE, Ml 4·
UNIT TOTAL TOTAL TO
COST
1
!TEMOf:WORK
AGGREGATE BASE COURSE 22A@6" C.I.P,
UNIT
SQ.YD.
QTY
B09 $6.00
PRICE
$4,854.00
UNIT COST
$6.19
PRICE
$5,007.71
UNIT COST
$7.21
"'
$5,
2 BENDS O.C.!. 8" 45~ M.J. EACH 4 $250.00 $190.67
3
4
BIT. LEVELING MIX 3C Im 165#IS.Y.
BIT. TOP MIX4C ® 165#/S.Y,
TON
"fON
71
74
$45.00
$50.00
$1,000.00
$3,195.00
$3,700.Q0
$275.00
$75.00
$80.00
$1,100.00
$5,325.00
$5,920.00
$5a.85
$65.45
'
$4,
$4
.,,'
5 CAP 8" M.J. D,C.\, WITH 2" TAP EACH 1 $200.00 $200.00 $150.00 $150.00 $187.45
6 CATCH BASIN CASTING E.J.#7045 OR EQUAL EACH 3 $450.00 $1,350.00 $500.00 $1,500.00 $539.36 $1,
7 CATCH BASIN FLAT TOP WITH 2'·0" SUMP EACH 2 Sl,300.00 $2,600.00 $1,100.00 $2,200.00 $1,325.78
8 CONC. CURB & GUTTER STANDARD DETAIL 1 UN,FT. 556 $9.00 $5,004.00 $18.00 $10,008.00 $22-43 S12,
9 CONC. DRIVE APPROACH 6" STD. SQ.YO. 167 $30.00 $5,010.00 $29.25 $4,884.75 $36.71 $6.
10 CONC. SIDEWALK 4"
11 CONC. SIDEWALK 6"
SO.FT.
SQ.FT. 450
70 $3.00
$4.00
$210.00
$1,800.00
$4.00
$4.25
$280.00
$1,912.50
$5.14
$5.32 '
$2,
$6-00.00
12 CORP. STOP 1" MUELLER #15000 OR EQUAL EACH 1 4 $225.00 $900.00 $150.00 $195.00
'
13 CORP. STOP 1" MUELLER #15150 W/BOX OR EQUAL
'
EACH 4 $250.00 $1,000.00 $100.00 $400.00 $132.0-0
14 EXCAVATION CU.YO. 285 $12.00 $3,180.00 $18.87 $5,000.55 $11.66 $3,
EACH
15 HYDRANT STD.
16 MANHOLE CASTING E.J.#1000 OR EQUAL EACH
2
1
$1,800.00
$1,100.00
$3,600.00
$1,100.00
$1,800.00
$500.00
$3,600.00
$500.00
$115$.2:2
$402.-40 "·$
17 MANHOLE $TO. 4' 1.0. O' TO 10' DEEP
18 REDUCERS 8" TO 6" D,C.I, M..J.
EACH 1
2
$1,500.00
$200,00
$1,500.00
$400.00
$1,100.00
$225.00
$1.100.00
$450.00
$1,250.00
$174.41 "·
19
20
REMOVING
REMOVING
CATCH BASIN
CONC. CURB & GUTTER
EACH
EACH
UN.FT.
1
43
$400.00
$8.00
$400.00
$344.00
$500.00 $500.00
$215.00
$500.00
$10.00
'',,
$5.00
21 REMOVING CONC. DRIVE APPROACH SQ.YO. 20.76 $10.00 S207.GO S 4.00 $83.04 $14.74
22 IREMOV!NG CONC. SIDEWALK
23 REMOVING PAVEMENT
SQ.FT.
SQ.YO. 104.14
70 $1.00
$8.00
$70.00 $
$833.12 $
D,50
10.00
$35.00
$1,041.40
$2.00
$-4.50
',,'
24 REMOVING TREES 8" TO 12" EACH 1 $400.00 $400.00 $ 400.00 $400.00 $300.00
25 SLEEVES LONG 6" O.C.i. M.J. EACH 2 $500.00 $1,000.00 $ 225.00 $450.00 $157.95 "s:
STORM SEWER 12~·CL•76..CL•V LIN. FT. 125 $30.00 $3,750.00 $ 28.00 $3,500.00 $26.60 $3,;
"
27 STORM SEWER 10" O.C.L CL.52 LIN.FT. 84 $30.00 $2,520.00 $ 38.00 $3,192,00 $32.49-
,,
$2,:
2B TEE O.C.I. 8" x 8" x 6" M.J.
29 TEE D.C.J. 8" x a~ x 8" M.J.
EACH
EACH
2
1
$300.00
$370.00
$600.00 $
$370.00 $
450,00
475.00
$9-00.00
$475.00
$224.55
$281.90 .,
30 TERRACE GRADING UN. FT. 283 $10.00 $2,830.00 S 12,75 $3 608.25 $15.54 $4,:
31 TRAFFIC CONTROL LUMP 1 $5,000.00 $5,000,00 $ 1,500.00 $1,500.00 $1 500.00 $1,1
32 VALVE G" GATE M.J. W/BOX EACH 2 $500.00 $1,000.00 $ 900.00 $1,800.00 $650.19 $1,i
33 VALVE 8" GATE; M.J, WIBOX
34 WATERMA!N 6" o.c.1. CL. 52
EACH
LIN. FT.
2
18
$600.00
$45.00
$1,200.00 $
$810.00 $
1,150.00
28.50
$2,300.00
$513.00
$701.78
$25.16
,,
$1.,1
35 WA TERMAIN 2" GAL WITH FITTINGS
36 WATERMAIN s- o.c.1. CL. 52
LIN.FT.
UN. FT. 370
10 $20.00
$30.00
$200.00 $
$11,100.00 $
20.00
.40.00
$200,00
$14,800.00
S19.23
$25.17 "
ss.:-
37 WATER METER PIT COMPLETE EACH 2 $700.00 $1,400.00 $ 750.00 $1,500.00 $605.GO SU
38 WATER SERVICE 1» TYPE "K" COPPER. UN.FT. 11S $20.00 $2,380.00 $ 15.00 $1,785.00 $14.69 $1,7
39 WATER VALVE BOX COMPLETE I EACH 1 $300.00 $300.00 $200.00 S200,DO $154.94 S1
I TOTALS $77,317.72 $88,936.20 $81,
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Donation of Salvaged Boiler
SUMMARY OF REQUEST:
Your authorization to donate a boiler that was salvaged from a previous Filtration plant
upgrade to Mount Zion Church of God in Christ is requested. This boiler is of no use in
any of the City owned buildings and has been setting ideal collecting dust for the last four
to five years. After checking with contractors, we were informed that the cost to assemble
is about $2,500 and to install would cost around the same amount.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Donate the Boiler to Mount Zion Church of God in Chris
COMMITTEE RECOMMENDATION:
Mount Zion Church of God in Christ
188 W. Muskegon Avenue
Muskegon, Michigan 49440
722-6765
Rev. G.M. Bennett Pastor
Supt. of Muskegon District
Febmary 5, 2004
ivir. J.R. Gann, Buil-
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February 13, 2004
Dear :OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.
A public hearing is also scheduled for this project on FEBRUARY 24, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 13, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
AUSTIN ST .• BARNEY AVE. TO DELANO AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Austin St. from Barney Ave. to Delano Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 24, 2004 at
5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $158,500.00 of which
approximately 53.54% ($84,863.74) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1544
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdatc: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:, _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List infonnation for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _,Social Security# _ _-_ _ -_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
INCOME INFORMATION'
ANNUAL Household Income: $ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owus aud occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in suppmi 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 APRIL 15, 2004
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.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 50.06 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,759.61
Property Description
CITY OF MUSKEGON
WELWORTH
LOT 91 & S 7.38 FT OF LOT 92
Your vote COUNTS!
Owner
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Signature
---------- Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
HUDSON ST., FOREST A VE. TO SOUTHERN AVE.
AND
RIDGE A VE., CUMBERLAND ST. TO WICKHAM ST.
The specific locations of the special assessment districts and the prope,ties proposed to be assessed arc:
All parcels abutting Austin St. from Barney Ave. to Delano Ave.
All parcels abutting Hudson St. from Forest Ave. to Southern Ave.
and
All parcels abutting Ridge Ave. from Cumberland St. to Wickham St.
The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depa1tment during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 24, 2004 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: February 14, 2004 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
CITY OF MUSKEGON
Resolution No. 2004-23(c)
Resolution At First Hearing Creating Special Assessment District
For Austin, Barney to Delano
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 24, 2004 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 February 24, 2004, there were 38. 70 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set f011h 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 Carter and _ _...::::.::.:e_,:_=--'='--'-.e.___-----
Gawron
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 53.54 % 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 ,
She herd
Nays None
CITY OF MUSKEGON
By~~~~~,_L
~~~~r£..,A. ./
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, Clerk
EXHIBIT A
AUSTIN FROM BARNEY TO DELANO
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Austin from Barney to Delano
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Austin St. Barney Ave. to Delano 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 13TH DAY OF FEBRUARY.
2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
dftA DAYOF Ee.b1"'t1t1r~ ,2004.
- cL~ ~ t1tlivv
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES _,_t,---"'o?_,__->"- _t'l
'----"-
_----' b _ _ __
SPECIAL ASSESSMENT H 1544
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
1 BROOKS TONIE D ASSESSABLE FEET: 50.06
24-860-000-0091-00 2295 AUSTIN ST COST PER FOOT: $35.15
@ 2295. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: ._I _$_1_,7_59_.6_1_,
2 ANDERSON DORIS L/RICE MAR ASSESSABLE FEET: 50.06
24-860-000-0092-00 2285 AUSTIN STREET COST PER FOOT: $35.15
@ 2285. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: 1~_$_1_,7_59_.6_1_,
3 RICE MARK A/CHRISTINE D ASSESSABLE FEET: 50.06
24-860-000-0094-00 2283 AUSTIN ST COST PER FOOT: $35.15
@ 2283. AUSTIN ST MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: LI _..:._$1_;_,_75_9_.6_1_,
4 JOHNSON CHESTER ASSESSABLE FEET: 62.5
24-860-000-0095-00 3300 BAKER ST COST PER FOOT: $35.15
@ 2279. AUSTIN ST MUSKEGON HTS Ml 49444 ESTIMATED P.O. COST: I $2,196.88 1
5 BUSMAN DANIEL A ASSESSABLE FEET: 50
24-860-000-0096-00 3845 FOREST EDGE COST PER FOOT: $35.15
@ 2263. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,757.50 1
6 WILLIAMS HAROLD ASSESSABLE FEET: 50
24-860-000-0098-00 56 VERNON COST PER FOOT: $35.15
@ 2253. AUSTIN ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,757.50 1
7 R & RESTATES LLC ASSESSABLE FEET: 50
24-860-000-0099-00 1045 CADILLAC COST PER FOOT: $35.15
@ 2243. AUSTIN ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,151.50 1
2/10/2004 Page 1 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
8 KITCHENS OTHELL ASSESSABLE FEET: 40
24-860-000-0100-00 2239 AUSTIN COST PER FOOT: $35.15
@ 2239. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,406.00 1
9 BILLINGS ROBERT L ASSESSABLE FEET: 50
24-860-000-0101-00 P.O. BOX 4483 COST PER FOOT: $35.15
@ 2231. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,757.50 1
10 SZOST PROPERTIES LLC ASSESSABLE FEET: 50
24-860-000-0102-00 2410 W BARD RD COST PER FOOT: $35.15
@ 2223. AUSTIN ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,757.50 1
11 SZOST PROPERTIES LLC ASSESSABLE FEET: 50
24-860-000-0104-00 2410 W BARD RD COST PER FOOT: $35.15
@ 2215. AUSTIN ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,757.50 1
12 PARKER GERALDINE ASSESSABLE FEET: 50
24-860-000-0105-00 4228 HALL RD COST PER FOOT: $35.15
@ 2207. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,757.50 1
13 WILLIAMS VICTORIA NHARRIS ASSESSABLE FEET: 44.41
24-860-000-0106-00 886 E HACKLEY AVE COST PER FOOT: $35.15
@ 886.0 E HACKLEY A MUSKEGON Ml 49444 ESTIMATED P.O. COST: '-I _$_1_;_,5_6_1_.0_1...J
14 JEMISON JOYCE ASSESSABLE FEET: 50
24-860-000-0107-00 2183 AUSTIN ST COST PER FOOT: $35.15
@ 2183. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,757.so 1
2/10/2004 Page 2 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
15 SIMS JIMMY L JR ASSESSABLE FEET: 50
24-860-000-0108-00 2177 AUSTIN ST COST PER FOOT: $35.15
@ 2177. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,757.50 1
16 JP MORGAN CHASE BANK ASSESSABLE FEET: 60
24-860-000-0110-00 1270 NORTHLAND DR STE 200 COST PER FOOT: $35.15
@ 2167. AUSTIN ST MENDOTA HTS MN 55120 ESTIMATED P.O. COST: I $2,109.00 1
17 LEE ENOUS ASSESSABLE FEET: 60
24-860-000-0111-00 915 ORCHARD AVE COST PER FOOT: $35.15
@ 2161. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2, 109.oo 1
18 DAY TIMOTHY L/TERESA J ASSESSABLE FEET: 100
24-860-000-0113-00 37960 MARONDI DR COST PER FOOT: $35.15
@ 2145. AUSTIN ST CALIMESA CA 92320 ESTIMATED P.O. COST: I $3,515.oo 1
19 LABAN JOSEPH B II/ZMRZLIK SU ASSESSABLE FEET: 40
24-860-000-0115-00 7879 EVANSTON AVE COST PER FOOT: $35.15
@ 2137. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,406.00 1
20 FIFTH THIRD MORTGAGE CO ASSESSABLE FEET: 40
24-860-000-0116-00 MD 109082-3172 COST PER FOOT: $35.15
@ 2131. AUSTIN ST CINCINNATI OH 45263 ESTIMATED P.O. COST: I $1,406.00 1
21 FONDREN JOSHUA ASSESSABLE FEET: 40
24-860-000-0117-00 2131 AUSTIN COST PER FOOT: $35.15
@ 2127. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,406.00 1
2/10/2004 Page 3 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
BILLINGS ROBERTI II/KIMBERLY ASSESSABLE FEET: 40
22
24-860-000-0118-00 2121 AUSTIN ST COST PER FOOT: $35.15
@ 2121. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,406.oo 1
MALLARD MARY A ASSESSABLE FEET: 40
23
24-860-000-0119-00 2115 AUSTIN ST COST PER FOOT: $35.15
@ 2115. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1.406.00 1
PROBELSKI JASON ASSESSABLE FEET: 40
24
24-860-000-0120-00 2109 AUSTIN ST 2 COST PER FOOT: $35.15
@ 2109. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1.406.00 1
PRIETO ELVIRA ASSESSABLE FEET: 54.21
25
24-860-000-0150-00 2294 AUSTIN COST PER FOOT: $35.15
@ 2294. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,905.48 1
REID CARY E ASSESSABLE FEET: 54.2
26
24-860-000-0149-00 2284 AUSTIN ST COST PER FOOT: $35.15
@ 2284. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1.905.13 1
GRISSOM HERBERT H ASSESSABLE FEET: 54.2
27
24-860-000-0147-00 2278 AUSTIN ST COST PER FOOT: $35.15
@ 2278. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,905.13 1
BILLINGS ROBERT II ASSESSABLE FEET: 40
28
24-860-000-0146-00 2263 VALLEY ST COST PER FOOT: $35.15
@ 2270. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,406.00 1
2/10/2004 Page 4 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
29 DILL RONALD H/TINA M ASSESSABLE FEET: 51.43
24-860-000-0145-00 2262 AUSTIN ST COST PER FOOT: $35.15
@ 2262. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,807.76 1
30 BILLINGS ROBERT L ASSESSABLE FEET: 51.43
24-860-000-0142-00 2263 VALLEY ST COST PER FOOT: $35.15
@ 2248. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,ao?.76 1
31 CITY OF MUSKEGON ASSESSABLE FEET: 51.42
24-860-000-0141-00 933 TERRACE ST COST PER FOOT: $35.15
@ 2240. AUSTIN ST MUSKGEON Ml 49443-053 ESTIMATED P.O. COST: ~I_$_1_,8_07_.4_1~
32 ANDERSON CLARICE ASSESSABLE FEET: 51.43
24-860-000-0140-00 2232 AUSTIN ST COST PER FOOT: $35.15
@ 2232. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,807.76 1
33 HARP ADRIAN ASSESSABLE FEET: 51.43
24-860-000-0138-00 2224 AUSTIN ST COST PER FOOT: $35.15
@ 2224. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,807.76 1
34 VAUGHAN STEVEN ASSESSABLE FEET: 51.43
24-860-000-0137-00 12691 HANSON BLVD NW COST PER FOOT: $35.15
@ 2216. AUSTIN ST COON RAPIDS MN 55448 ESTIMATED P.O. COST: I $1,807.76 1
35 ROBINSON LINDA D ASSESSABLE FEET: 40
24-860-000-0136-00 2208 AUSTIN ST COST PER FOOT: $35.15
@ 2208. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,406.00 1
2/10/2004 Page 5 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
36 RICE SHARON LOVE ASSESSABLE FEET: 64.63
24-860-000-0135-00 916 E HACKLEY AVE COST PER FOOT: $35.15
@ 916.0 E HACKLEY A MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2.271 _74 1
37 ACHTERHOFF JOHN ESTATE ASSESSABLE FEET: 56
24-860-000-0133-00 1065 FOURTH ST SUITE B COST PER FOOT: $35.15
@ 2184. AUSTIN ST MUSKEGON Ml 49441-190 ESTIMATED P.O. COST: j $1,968.40 1
38 WESTMAN LLC ASSESSABLE FEET: 56
24-860-000-0132-00 4648 SUSAN COST PER FOOT: $35.15
@ 2174. AUSTIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,968.40 1
39 N & N ASSOCIATES LLC ASSESSABLE FEET: 56
24-860-000-0130-00 420 CARMEN DRIVE COST PER FOOT: $35.15
@ 2164. AUSTIN ST SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $1,968.40 1
40 NIELSEN ROGER/JUANITA ASSESSABLE FEET: 52
24-860-000-0129-00 420 CARMEN DR COST PER FOOT: $35.15
@ 2156. AUSTIN ST SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $1,a27.ao 1
41 JAMES HOLSEY ASSESSABLE FEET: 60
24-860-000-0128-00 1344 MORGAN AVE COST PER FOOT: $35.15
@ 2148. AUSTIN ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,109.00 1
42 ODNEAL WILLIE B ASSESSABLE FEET: 52
24-860-000-0126-00 2142 AUSTIN ST COST PER FOOT: $35.15
@ 2142. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,a27.ao 1
2/10/2004 Page 6 of 7
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
TOWNSEND DARLEEN ASSESSABLE FEET: 52
43
24-860-000-0125-00 3355 HOYT ST COST PER FOOT: $35.15
@ 2132. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,821.80 1
COLE PATRICIA ASSESSABLE FEET: 52
44
24-860-000-0124-00 2124 AUSTIN COST PER FOOT: $35.15
@ 2124. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,821.80 1
45 HERRON ALLEN ASSESSABLE FEET: 52
24-860-000-0123-00 2116 AUSTIN ST COST PER FOOT: $35.15
@ 2116. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,821.80 1
46 WARE FULTON ASSESSABLE FEET: 52
24-860-000-0121-00 2108 AUSTIN ST COST PER FOOT: $35.15
@ 2108. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,821.80 1
47 ERICKSON ROBERT SR ASSESSABLE FEET: 51.43
24-860-000-0144-00 2256 AUSTIN ST COST PER FOOT: $35.15
@ 2256. AUSTIN ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,801.16 1
SUM OF ASSESSABLE FOOTAGE: 2414.33 SUM OF ESTIMATED P.O. COST: $84,863.10 I
TOTAL NUMBER OF ASSESSABLE PARCELS 47.00
2/10/2004 Page 7 of 7
H-1544 AUSTIN ST, DELAND AVE. TO BARNEY AVE. - 2004
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -47
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2414.330 *** 23 2115 AUSTIN 24-860-00-0119-00 40,00 46 2108 AUSTIN 24-860-000-0121-00 52.00
40 2156 AUSTIN 24-860-000-0129-00 52.00
FRONT FEET OPPOSED 934.450 38.70% 39 2164 AUSTIN 24-860-000-0130-00 56.00
14 2183 AUSTIN 24-860-000-0107-00 50.00
RESPONDING FRONT FEET IN FAVOR 40.000 1.66% 12 2207 AUSTIN 24-860-000-0105-00 50.00
35 2208 AUSTIN 24-860-000-0136-00 40.00
NOT RESPONDING - FRONT FEET IN FAVOR 1439.880 59.64% 11 2215 AUST!N 24-860-000-0104-00 40.00
10 2223 AUST\N 24-860-000-0102-00 50.00
TOTAL FRONT FEET IN FAVOR 1479.880 61.30% 33 2224 AUST!N 24-860-000-0138-00 51.43
9 2231 AUSTIN 24-860-000-0101-00 50.00
32 2232 AUSTIN 24-860-000-0140-00 51.43
30 2248 AUSTIN 24-860-000-0142-00 51.43
47 2256 AUSTIN 24-860-000-0144-00 51.43
5 2263 AUSTIN 24-860-000-0096-00 50.00
28 2270 AUSTIN 24-860-000-0146-00 40.00
27 2278 AUSTIN 24-860-000-0147-00 54.20
3 2283 AUSTIN 24-860-000-0094-00 50.06
2 2285 AUSTIN 24-860-000-0092-00 50.06
13 888 HACKLEY 24-860-000-0106-00 44.41
TOTALS 40.00 934.45
TABULATED AS OF: 04:20 PM
2/24/20044:21 PMTABULATION OF THE RESPONSES TO THE SP. ASS.2004 HEARING ON AUSTIN
AUSTIN ST. OWNER OCCUPIED PROPERTIES
OWNERS FEET OF
ADDRESS# OWNERS NAME CITY ZIPCODE ASSESSMENT ADDRESS VOTE
FRONTAGE
886 HACKLEY AVE WILLIAMS VICTOR! MUSKEGON 49444 886 HACKLEY AVE 128 NO
916 HACKLEY AVE RICE SHARON LOV MUSKEGON 49444 916 HACKLEY AVE 128
2108 AUSTIN ST WARE FULTON MUSKEGON 49444 2108 AUSTIN ST 52 NO
2109 AUSTIN ST PROBELSKI JASON MUSKEGON 49444 2109 AUSTIN ST 40
2115 AUSTIN ST MALLARD MARY A MUSKEGON 49444 2115 AUSTIN ST 40 YES
2116 AUSTIN ST HERRON ALLEN MUSKEGON 49444 2116 AUSTIN ST 52
2121 AUSTIN ST BILLINGS ROBERTI MUSKEGON 49444 2121 AUSTIN ST 40
2124 AUSTIN ST COLE PATRICIA MUSKEGON 49444 2124 AUSTIN ST 52
2131 AUSTIN ST FONDREN JOSHUA MUSKEGON 49444 2127 AUSTIN ST 40
2142 AUSTIN ST ODNEAL WILLIE B MUSKEGON 49444 2142 AUSTIN ST 52
2177 AUSTIN ST SIMS JIMMY L JR MUSKEGON 49444 2177 AUSTIN ST 50
2183 AUSTIN ST JEMISON JOYCE MUSKEGON 49444 2183 AUSTIN ST 50 NO
2208 AUSTIN ST ROBINSON LINDA MUSKEGON 49442 2208 AUSTIN ST 40 NO
2224 AUSTIN ST HARP ADRIAN MUSKEGON 49444 2224 AUSTIN ST 51 NO
2232 AUSTIN ST ANDERSON CLARI MUSKEGON 49444 2232 AUSTIN ST 51 NO
2239 AUSTIN ST KITCHENS OTHELL MUSKEGON 49442 2239 AUSTIN ST 40
2256 AUSTIN ST ERICKSON ROBER MUSKEGON 49444 2256 AUSTIN ST 52 NO
2262 AUSTIN ST DILL RONALD HITIN MUSKEGON 49444 2262 AUSTIN ST 51
2278 AUSTIN ST GRISSOM HERBER MUSKEGON 49444 2278 AUSTIN ST 54 NO
2283 AUSTIN ST RICE MARK NCHRI MUSKEGON 49442-0000 2283 AUSTIN ST 50 NO
2284 AUSTIN ST REID CARY E MUSKEGON 49444 2284 AUSTIN ST 54
2285 AUSTIN ST ANDERSON DORIS MUSKEGON 49442 2285 AUSTIN ST 50 NO
2294 AUSTIN ST PRIETO ELVIRA MUSKEGON 49444 2294 AUSTIN ST 55
2295 AUSTIN ST BROOKS TONIE D MUSKEGON 49444 2295 AUSTIN ST 50
TOTAL OWNER OCCUPIED 24 TOTAL FRONTAGE 1322
Tuesday, Febnu11y 24, 2004 Page I of I
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2285 AUSTIN ST
Parcel Number 24-860-000-0092-00
Assessable Frontage: 50.06 Feet
RECEIVED
Estimated Front Foot Cost: $35.15 per Fo t
ESTIMATED TOTAL COST
FEB 1 P ?nn~
$1,759.61
Property Description c· Clerks Office
CITY OF MUSKEGON
WELWORTH
N 32.62 FT OF LOT 92 &
~... A
S 17.44 FT OF LOT 93
,.
Your vote COUNTS!
•
' - · Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED [2SI
Owner M~ /: 1
/J:J~,()frl) CoOwner/Spouse d/.H'..K R, t_ '-'--..
0
Signature ~ /4z t' .f41ccf~~ Signature
Address ';;i ff s- L_-:t~ JI;
Thank you for taking the time to vote on this important issue. 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2283 AUSTIN ST
Parcel Number 24-860-000-0094-00
Assessable Frontage: 50.06 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,759.61 City Clerks Offlice
Property Description
CITY OF MUSKEGON
WELWORTH
N 22.56 FT OF LOT 93 &
S 27.5 FT OF LOT 94
Your vote COUNTS!
Owner
I AM IN FAVOR
1r) Al' ~ \(lZ,_
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
••J,;;i" a , / ,'
Signature ,/~ v-""l/(,,__,---
Address . ✓~ 5(7? ',-)C:5½' l ,
Thank you for taking the time to vote on this important issue. 3
SPECIAL ASSESSMENT
HEARING RESPONSE CARD e
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, pleas
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS to
If you wish to have your written vote included as part of the tabulation of votes forwarded
the City Commission for the scheduled public hearing, please return this card by the dater
indicated above. To use this response card please indicate whether you Oppose or faVO
this special assessment project, sign the form and return it to the City Clerk's Office. To_e iS
51
return this card by mail, simply fold on the dotted lines so the address on the reverse ~
1
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2270 AUSTIN ST
Parcel Number 24-860-000-0146-00
Assessable Frontage: 40 Feet RECEIVt:D
$35.15 per Foot ~
""f:B ·1 9 'Jflfli,.
Estimated Front Foot Cost: . ..
ESTIMATED TOTAL COST $1,406.00 Ci,y Clerks otfi~
Property Description
CITY OF MUSKEGON
WELWORTH
LOT 146
Your vote COUNTS!
ct-
•
0 6
Please vote either in favor or opposed to the Special Assessment Street Paving P r j
I AM IN FAVOR I AM OPPOSED [8
Owner /{1,',.,,,.,1 [ .l)i/!'".,,~- CoOwner/Spouse _ _ _ _ _ _ _ _ __
Signature 'flv{,,fl ;;( /~/d,;;.._~~ Signature
Address ! tJlj' .· (t,£,i,i,,f-j; fti,d!::.. 4l'
I
Address
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
th;s special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2248 AUSTIN ST
Parcel Number 24-860-000-0142-00
Assessable Frontage: 51.43 Feet
Estimated Front Foot Cost: $35.15 per Foot RECEIVED
ESTIMATED TOTAL COST $1,807.76 FEB -, C\ '.iflf)I,
Property Description L City Cierks Office
CITY OF MUSKEGON
WELWORTH
S 34.29 FT OF LOT 142 &
N 17.14 FT OF LOT 143
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~l
Owner
__~(,,_......,__
:~liar ......L~.,,................___ CoOwner/Spouse ------------
1'{,/(,,,,,,,.
Signature 11/Jil, )j} A:f; "- ) Signature
Address Z?t,, 1/4,.,
'.2
- I
q '/11~,/G, tflt Address
Thank you for taking the time to vote on this important issue. 30
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return ii to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2278 AUSTIN ST
Parcel Number 24-860-000-014 7-00
Assessable Frontage: 54.2 Feet
$35.15 per Foot
Estimated Front Foot Cost: RECEIVED
ESTIMATED TOTAL COST $1,905.13 H-B ·, \:l '.lflf\!,
Property Description
CITY OF MUSKEGON
WELWORTH
LCity Clerks o:::",:_e
LOT 147 & N 14.20 FT OF LOT 148
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED [Z]
Owner 'JiP-1.dflAt1t~+1:1:1 / CoOwner/Spouse (}~'..ca .J/~7-;n_,)
Signature /1
flIJ./,/2 v.:ktt, aLaUo/141, Signature o,_A/~~--, j ~
Address ;2,J-7 J/~ ; - v ,J!c Address 22, 7 ff' (1,0_,d:;,./_,£, J.;6
Thank you for taking the time to vote on this important issue. 27
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2231 AUSTIN ST
Parcel Number 24-860-000-0101-00
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,757.50
Property Description
RECEIVED
CITY OF MUSKEGON
WELWORTH
LOT 101 & S 10 FT LOT 102
FEB ·i 0 ?flOl,,
City Clerks Office
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED Ivr/
Owner -rl"""''-"'---'-J..--"/..,:if,,..,!J...'!.a;.;,u'i'".a>------ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature · ) .)~,~ Signature
/ L..-
Address 1/
,f
I'
P,)'t
I'
'I
'1:1 °
•~-") [) OI'
/ 'J. a.
·< I
Owner ii. 0 ~"1'{.4 / );~} :Jqrf,_gOwner/Spouse mllEfl J_, f/J1Jc!E'l.r
Signature . ti -t " ~11 1/Jiv:;.. Signature '-!11ev11Jj_ ;f, J/a/J./LJ! vJ
Address -i{t:;;'(o ()_, 1/1. ~ Address F,
fg (0 /41,,()JJJ}aLL
Thank you for taking the time to vote on this important issue. . •· .··<,< 13 a F
CITY OF MUSKEGON
STREET H-1544
AUSTIN ST., BARNEY AVE. TO DELANO A VE.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate._ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $ I'~ c1DD,00wage earner:
(Must include all household income)
/f;fJ fJIJt}DZ> Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( v/Deed (0Mortgage ( ) Land Contract
Homeowner's Insurance Co: fa f n'1 lo cl 'f'fCt Li\ Expiration Date:
Property Taxes: ( 1)"'current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
•Lfj,,,!,1gli0!J.ll,1,j~~Hffi,!::_.,I.Ui&'.!:Jef.rl.-µ._J,~~~ Date: d- -;
~ •-'{J <,I
By signing this applica ion, the applicant verifies he/she owns a occupies the dwelling. The Applicant/Owner certifies
that all infmmation in this application, and all infonnation furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER APRIL 15, 2004
FOROFFICEUSE 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.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2156 AUSTIN ST
Parcel Number 24-860-000-0129-00
Assessable Frontage: 52 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,827.80
Property Description
CITY OF MUSKEGON
WELWORTH
LOT 129 &
N 12 FT LOT 130
Your vote COUNTS!
Signatur·et~;::~~~~~~~¥2~-~Signature
Address Address
fef~ important issue. 40
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2156 AUSTIN ST
Parcel Number 24-860-000-0129-00
Assessable Frontage: 52 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,827.80
Property Description
CITY OF MUSKEGON
WELWORTH
LOT 129 &
N 12 FT LOT 130
Your vote COUNTS!
.•
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2215 AUSTIN ST
Parcel Number 24-860-000-0104-00
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $35.15 per Foot
RECEIVED.
ESTIMATED TOTAL COST $1,757.50
FEB 2 4 ?nn4
Property Description
CITY OF MUSKEGON City Clerks Office
I
WELWOR1H
N 20 FT LOT 103 &
S 30 FT LOT 104
Your vote COUNTS!
I AM IN FAVOR •
'\ .;:,'-.:x2-o
' 5· ,·•,~A1~t1r5
,v
.•·_ .
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
...- - ~
~
rv1
f\ (""
Owner ?----,. , oOwner/Spouse :;-rx\(bo.ro, \Jl- (:::z_oc:;r
Signature . . p---, .- /::;::;t- Signature c-·htJJe,-Cb c::::-~i(M:
Address 7_,...Lf l CY LJ /3A10 Address c';fl ID vJ bi:\.t'.D. ()'lu0ke}';vi (Y)I
11
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2223 AUSTIN ST
Parcel Number 24-860-000-0102-00
Assessable Frontage: 50 Feet
RECEIVED
Estimated Front Foot Cost: $35.15 per Foot
FEB 2 l! 1nn1,
ESTIMATED TOTAL COST $1,757.50
Property Description City Clerks Office
CITY OF MUSKEGON
WELWORTH
N 30 FT LOT 102 &
S 20 FT LOT 103
Your vote COUNTS!
Owner
Signature
Address
Thank you for taking the time to vote on this important issue. 10
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2164 AUSTIN ST
Parcel Number 24-860-000-0130-00
Assessable Frontage: 56 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,968.40
Property Description
CITY OF MUSKEGON
WELWORTH
N 28 FT LOT 131
&S28FTLOT 130
Your vote COUNTS!
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2224 AUSTIN ST
Parcel Number 24-860-000-0138-00
Assessable Frontage: 51.43 Feet
RECEIVED
Estimated Front Foot Cost: $35.15 per Foot
FEB ~ 7nn 4
ESTIMATED TOTAL COST $1,807.76
City Clerks Office
Property Description
CITY OF MUSKEGON
WELWORTH
S 28.57 FT LOT 138
& N 22.86 FT OF LOT 139
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Proj~
I AM OPPOSED [Z]
/Jl,;£4, ~~~~·
Owner
CoOwner/Spouse~l~ ,
Signature
==Clfii= \ 3b
Signature
Address
==================== Address
Thank you for taking the time to vote on this important issue. :.,,IO. 1' - ,,,,.•
33
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Projec:t DrJscription RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indic:ate whether you Oppose or Favor
this srpr.i:oil :issessment project. sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the rever»c: side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2115 AUSTIN ST
Parcel Number 24-860-000-0119-00
Assessable Fronta~Je: 40 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,406.00
Property Description RECEIVED
CITY OF MUSKEGON
WELWORTH FEB > u 7nn~
LOT 119
City Clerks Offic,~
Your vote COUNTS!
I AM IN FAVOR
IP-J }-/If;:,)£' 1/
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
r~
Owner /1-:;/jR V/t1q //,qi1-/ . CoOw~er/Spouse _ _ _ _ _ _ _ __
Signature J1143/-1f:t/tt-Jtµ4J4-tfSignature
Address ?,. (/7 ;/c,/AL, ,#, Address
Thank you for taking the time to vote on this important issue. 23
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project. sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2263 AUSTIN ST
Parcel Number 24-860-000-0096-00
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,757.50
Property Description Clerks Office
CITY OF MUSKEGON
WELWORTH
N 30 FT LOT 96 & S 20 FT LOT 97
Your vote COUNTS!
Owner
I A~ IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street P a v i ~
{ \ ~ ~ L1hktk~Co0wner/Spouse _ _ _ _ _ _ _ _ _ _ __
I AM OPPOSED ~
Signature __________ Signature
Address Address
Thank you for taking the tim';/ to vote on this important issue. 5
1-fffy2-
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2208 AUSTIN ST
Parcel Number 24-860-000-0136-00
Assessable Frontage: 40 Feet
$35.15 per Foot
Estimated Front Foot Cost: RECEIVED
ESTIMATED TOTAL COST $1,406.00
FEB 2. .~ ?nn1,
Property Description
CITY OF MUSKEGON
C Clerks Office
WELWORTH
LOT 136
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
.-1,._ .:,__(L._, /:},.-{1,<-<.,j,U-tr/1..- CoOwner/Spouse
[1J
I AM OPPOSED
Signature ,£~~.;}_,,_ f2=-t:::11~'.1--'(,-,,..., Signature
------------
Address ,-J ,?-d £:: (l,,_ 47 1~,\ /I] . Address
Thank you for laking the time to vote on this important issue. 35
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1544
Project Title: AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2256 AUSTIN ST
Parcel Number 24-860-000-0144-00
Assessable Frontage: 51.43 Feet
Estimated Front Foot Cost: $35.15 per Foot
AECE/Vf:D
ESTIMATED TOTAL COST $1,807.76
FEB 2 ,q ?nnk
Property Description c;,,,
"T Clerks ou•
CITY OF MUSKEGON 11tce
WELWORTH ,
S 22.86 FT OF LOT 143 &
N 28.57 FT OF LOT 144
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
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Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Ridge Ave. from Cumberland St. to Wickham St.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Ridge Ave. from
Cumberland St. to Wickham St., and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Ridge Ave. from Cumberland St. to Wickham St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 24, 2004 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 rep01t and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 24, 2004, there were _ _ _% objections by the owners of
the property in the district registered al the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and detem1ines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set fo1th 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
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 28.24% 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ _ _~
Gail A. Kundinger, Clerk
ENGINEERING FEASIBILITY STUDY
For
Ridge Ave. from Cumberland St. to Wickham St.
The proposed reconstruction of Ridge between Cumberland & Wickham was initiated the city
due to the pavement conditions and the lack of drainage. The proposed reconstruction of this
secetion of Ridge will compliment the two sections that were done over the last 5-years and in
turn have a very positive impact on that area in general. The proposed improvements consist of
the following;
I. Removal of the entire existing pavement and replace with a curb & gutter street that matches
in width and surface appearance that section done in 2002. This work while different than
what was done in 2002, I feel is the right improvements that has a higher life expectancy.
2. Improvements to the drainage system
The proposed improvements will address the at least two of the established goals, they are;
• Improve the City's infrastructure
• Enhance the appearance of that area.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $123,000
with the length of the project being approximately 700 lineal feet or 1157 .5 of assessable
footage. This translates into an estimated improvement cost of $106 per assessable foot. The
assessment figure will be at a cost not to exceed $30.13 per assessable foot. This figure is
prorated due to the width of the proposed section of roadway being 24' B-B instead of the
standard width of27'B-B for which the assessment figure is $35.15 as shown in the 2004 Special
Assessment for this type of improvement.
MUSKEGON COUNTY
l!IIIIIIINL.L& Ji~·k L i !P'!l;.,,a,FFT t11AB
M C H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8 February 11, 2004
Douglas A. Bennett Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
933 Terrace Street
Charles L. Buzzell
District2 Muskegon, MI 49443
James J. Derezinski
Mr. Al-Shatel:
District 4 In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the reconstruction of Ridge Street between Cumberland Avenue and
District 5 Wickham Street. The purpose ofthis analysis is to document the reasonableness ofthis
special assessment district by identifying aud quantifying any accrued benefits. It is
Louis A. McMurray
District 9 subject to the normal governmental restrictions of escheat, taxation, police power aud
eminent domain. The effective date is February 11, 2004.
Robert Scolnik
District 11 In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I. John Snider II
District 3
project. The amounts reflect the sum of the immediate estimated value enhancement
aud the intrinsic value that will accrue from an overall increase in property values due
Nancy A. Waters to au improved quality of life created by the proposed project. As previously presented,
District 6
the proposed special assessment district encompasses primarily residential properties.
Stephen R. Wisniewski The front foot rate of$35.15 for the reconstruction of the above mentioned project
District 1 area appears reasonable in light of au analysis that indicates a possible enhancement of
$35.53. The conclusions are based upon the data presented within this limited analysis
in restricted format, aud on supporting information in my files.
Sincerely,
\) 1..,c\6'._ (} . ~""-.,. '- "G
Vicki A Emery, CMAE 3
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILDING C • MUSl
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February 13, 2004
Dear :OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.
A public hearing is also scheduled for this project on FEBRUARY 24, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 13, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
RIDGE AVE .• CUMBERLAND ST. TO WICKHAM ST.
The proposed special assessment district will be located as follows:
All parcels abutting Ridge Ave. from Cumberland St. to Wickham St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 24, 2004 at
5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval. or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $123,500.00 of which
approximately 28.24% ($34,875.48) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY Ul<' JVIUSKt<;GUN
STREET H-1582
RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
CDBG APPLICATION FOR \VAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ ,Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# _ _ -_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate Social Security# _ _ -_ _ -_ _
INCOME INFORMATION
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPE.RTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Propc11y taxes must be current to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and 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 APRIL 15, 2004
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.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 125 Feet
Estimated Front Foot Cost: $30.13 per Foot
ESTIMATED TOTAL COST $3,766.25
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK 21 LOTS 19 & 20
Your vote COUNTS!
Owner
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Signature
----------- Signature
-------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
HUDSON ST., FOREST AVE. TO SOUTHERN A VE.
AND
RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
The specific locations of the special assessment districts and the prope11ies proposed to be assessed are:
All parcels abutting Austin St. from Barney Ave. to Delano Ave.
All parcels abutting Hudson St. from Forest Ave. to Southern Ave.
and
All parcels abutting Ridge Ave. from Cumberland St. to Wickham St.
The City Commission proposes that the City and prope11y owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depa11111ent during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 24, 2004 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: February 14, 2004 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H 1582
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
1 BERNHARDT MICHAEL J ASSESSABLE FEET: 125
24-382-021-0019-00 2259 SOUTH HILL TOP COST PER FOOT: $30.13
@ 2346. WICKHAM D MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,766.25 1
2 VANDERSLUTE C C/L K ASSESSABLE FEET: 60
24-382-021-0018-00 1576 RIDGE AVE COST PER FOOT: $30.13
@ 1576. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,ao7.ao 1
3 HILL RICHARD A ASSESSABLE FEET: 60
24-382-021-0017-00 1564 RIDGE COST PER FOOT: $30.13
@ 1564. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,so7.so 1
4 MCNARLAND DAVID ASSESSABLE FEET: 60
24-382-021-0016-00 1544 RIDGE AVE COST PER FOOT: $30.13
@ 1544. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,ao7.so 1
5 SMITH LEIGH C ASSESSABLE FEET: 60
24-382-021-0015-00 1540 RIDGE AVE COST PER FOOT: $30.13
@ 1540. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,ao7.ao 1
6 SPOELMAN NEIL H ASSESSABLE FEET: 60
24-382-021-0014-00 1536 RIDGE AVE COST PER FOOT: $30.13
@ 1536. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,ao7.so 1
7 KRUSE NORMAN F ASSESSABLE FEET: 60
24-382-021-0013-00 1532 RIDGE AVE COST PER FOOT: $30.13
@ 1532. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,so7.ao 1
2/12/2004 Page 1 of 3
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
8 JOHNSON ALFRED C JR/DORIS ASSESSABLE FEET: 60
24-382-021-0012-00 1524 RIDGE AVE COST PER FOOT: $30.13
@ 1524. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,801.80 1
9 RAMSEY STEVE M ASSESSABLE FEET: 65
24-382-021-0011-00 1508 RIDGE AVE COST PER FOOT: $30.13
@ 1508. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,958.45 1
10 MURPHY JAMES A ASSESSABLE FEET: 62.5
24-382-020-0001-00 1585 RIDGE AVE COST PER FOOT: $30.13
@ 1585. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,883.13 1
11 WARMINGTON STEPHEN/STICK ASSESSABLE FEET: 60
24-382-020-0003-00 1575 RIDGE AVE COST PER FOOT: $30.13
@ 1575. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,801.80 1
12 ANDERSON RICHARD C ASSESSABLE FEET: 60
24-382-020-0004-00 1563 RIDGE AVE COST PER FOOT: $30.13
@ 1563. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,801.80 1
13 LAPPO KIMBERLY A ASSESSABLE FEET: 60
24-382-020-0005-00 1549 RIDGE AVE COST PER FOOT: $30.13
@ 1549. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,801.80 1
14 MCLELLAN PRISCILLA/BRIAN ASSESSABLE FEET: 60
24-382-020-0006-00 1543 RIDGE AVE COST PER FOOT: $30.13
@ 1543. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,801.ao 1
2/12/2004 Page 2 of 3
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
TOMCZAK DAVID L ASSESSABLE FEET: 60
15
24-382-020-0007-00 1535 RIDGE AVE COST PER FOOT: $30.13
@ 1535. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,so1.so 1
BERDINSKI PHILIP A ASSESSABLE FEET: 120
16
24-382-020-0008-00 1525 RIDGE AVE COST PER FOOT: $30.13
@ 1525. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,615.60 1
ULLMER MARY ASSESSABLE FEET: 65
17
24-382-020-0010-00 1511 RIDGE AVE COST PER FOOT: $30.13
@ 1511. RIDGE AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,958.45 1
SUM OF ASSESSABLE FOOTAGE: 1157.50 SUM OF ESTIMATED P.O. COST: $34,875.48 I
TOTAL NUMBER OF ASSESSABLE PARCELS 17.00
2/12/2004 Page 3 of 3
AFFIDAVIT OF MAILING
STATEOFMICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Ridge Ave. Cumberland St. to Wickham 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 13TH DAY OF FEBRUARY,
2004.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _ , 2004.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by maii, simpiy foid on the dotted lines so the address on tile reve;·se side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2346 WICKHAM DR
Parcel Number 24-382-021-0019-00
Assessable Frontage: 125 Feet
Estimated Front Foot Cost $30.13 per Foot
ESTIMATED TOTAL COST $3,766.25
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK 21 LOTS 19 & 20
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED IX I
Signature
Address Address Z. 2 5'1 .S. J.//LL-117/J l>R_,
;
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simpiy fold un the dotted lines so the add,ess on tha ,zvcrsc side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1576 RIDGE AVE
Parcel Number 24-382-021-0018-00
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $30.13 per Foot
ESTIMATED TOTAL COST $1,so?.so RECEIVED
Property Description 'r·FB · /1{di~
"--''- nr 1
"
1 ?"l
0
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2 ' City Clerks o···
TT!Ce
BLK 21 LOT 18
Your vote COUNTS!
Owner
I AM IN FAVOR
. . ·I,.
,i.. I/ / 19J(I
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
;·Vt2_,,U,-;le
1 . 1 SI clf-c.
r CoOwner/Spouse
I AM OPPOSED
,1 //
Jx/r
/1' -,;. //;,1;r/,/}E,,pS/ 1f·g-
Signature /~4:t,,, /,h,;1, ~_x'.,:~Signature 1/):;, if;;;-
,W,'t!J~ ;11
/2;'('/2 /fl:../4✓ A7v~ Address
0
Address }~?w /3,;J,;c~ ;i/2<,,, __
J / 2
Thank you for taking the time to vote on this important issue. ""'"'"''''
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1525 RIDGE AVE
Parcel Number 24-382-020-0008-00
Assessable Frontage: 120 Feet
Estimated Front Foot Cost: $30 .13 per Foot
ESTIMATED TOTAL COST $3,615.60
I RECEIVED
Property Description FEB .1 9 7/lfll,
CITY OF MUSKEGON
Ciiy Clerks Off'
GLENSIDE SUB-DIVISION #2 ice
BLK 20 LOTS 8 & 9 I
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED 1·-x1
Owner Pccr1~\C'\L'-. ·vn (\(fZOl(0C)\((
/) '-
;-;( tu {'L<,,,l?/
'
,wj' .
(',//7/d&k
,' '
Address Address /.5i.5 /R ,d "'\-I': fl. L).,z_
J
Thank you for taking the time to vote on this important issue. 16
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simpiy fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1585 RIDGE AVE
Parcel Number 24-382-020-0001-00
Assessable Frontage: 62.5 Feet
Estimated Front Foot Cost: $30.13 per Foot
ESTIMATED TOTAL COST $1,883.13
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK20 LOT 1
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED l>1-C?fJ- ..;, ,......r--
ou e' "
f·""- ::, '
H-1582 RIDGE AVE., WICKHAM ST. TO CUMBERLAND ST.
PROPERTY OWNER SPECIAL ASSESSMEN.J---8J..S..f9.NSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 17
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOT AL ASSESSABLE FRONT FOOT AGE I 157.500 *** 8 1524 RIDGE 24-382-021-0012-00 60.00 16 1525 RIDGE 24-382-020-0008-00 120.00
15 1535 RIDGE 24-382-020-0007-00 60.00
FRONT FEET OPPOSED 732.500 63.28% 6 1536 RIDGE 24-382-021-0014-00 60.00
4 1544 RIDGE 24-382-021-0016-00 60.00
RESPONDING FRONT FEET IN FAVOR 60.000 5.18% 12 1563 RIDGE 24-382-020-0004-00 60.00
3 1564 RIDGE 24-382-021-00 I 7-00 60.00
NOT RESPONDING - FRONT FEET IN FAVOR 365.000 3!.53% 2 1576 RIDGE 24-382-02 1-00 ! 8-00 60.00
10 1585 RIDGE 24-382-020-0001-00 62.50
TOTAL FRONT FEET IN FAVOR 425.000 36.72% 1 2346 WICKHAM 24-382-02 J-OOJ 9-00 125.00
17 151 I RIDGE 24-382-020·00 I 0·00 65.00
TOTALS 60.00 732.50
TABULATEDAS OF: 0S:16PM
2/24/20045:17 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON RIDGE
H-1582 RIDGE AVE., WICKHAM ST. TO CUMBERLAND ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 17
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1157.500 .. ~ .. 8 1524 RIDGE 24-382-021-0012-00 60.00 16 1525 RIDGE 24-382-020-0008-00 120.00
15 1535 RIDGE 24-382-020-0007-00 60.00
FRONT FEET OPPOSED 667.500 57.67% 6 1536 RIDGE 24-382-021-0014-00 60.00
4 1544 RIDGE 24-382-021-0016-00 60.00
RESPONDING FRONT FEET IN FAVOR 60,000 5.18% 12 1563 RIDGE 24-382-020-0004-00 60.00
3 1564 RIDGE 24-382-021-0017-00 60.00
NOT RESPONDING - FRONT FEET IN FAVOR 430,000 37.15% 2 1576 RIDGE 24-382-021-0018-00 60.00
10 1585 RIDGE 24-382-020-0001-00 62.50
TOTAL FRONT FEET IN FAVOR 490,000 42.33% 1 2346 WICKHAM 24-382-021-0019-00 125.00
TOTALS 60.00 667.50
TABULATED AS OF: 04:17 PM
2/24/20044:17 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON RIDGE
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
· Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mc1il, sirnpiy fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1563 RIDGE AVE
Parcel Number 24-382-020-0004-00
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $30.13 per Foot
ESTIMATED TOTAL COST $1,807.80
_C_ity"--=Cl:_::er~k~s~0'.!!:ffi~ce~)
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK20 LOT 4
Your vote COUNTS!
Owner
I AM IN FAVOR
Ctc
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED •
=-.;.,,.,:;;;.;~..l..,.o:::;...;~~IQ.:;;i..;;;;=...
Signature Signature
Address Address
Thank you for taking the time to vote on this important issue. 12
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return ii to the City Clerk's Office. To
return this card by maii, simply fold on the dotted lines so the addres& on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1544 RIDGE AVE
Parcel Number
Assessable Frontage:
Estimated Front Foot Cost:
24-382-021-0016-00
60
$30.13
Feet
per Foot
::~~1:,:;57 '
City Clerks Office _j
ESTIMATED TOTAL COST $1,807.80
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK21 LOT16
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
CoOwner/Spouse
I AM OPPOSED IXI
~"""-........_,,=--'-......"""'""""~ ------------
Signature Signature
Address I s lJ Lf 13 ;d ,C A,1e Address
Thank you for ta2ng the time to vote on this important issue. 4
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, sin1ply fold on the dotted lines so the address on the reverse Bide is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1524 RIDGE AVE
Parcel Number 24-382-021-0012-00
Assessable Frontage: 60 Feet RECEIV~1J-1/
Estimated Front Foot Cost: $30.13 per Foot FEB ~-" :~ -_.;rfnt,
ESTIMATED TOTAL COST $1,807.80
, ~ity Clerk-s Office
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK 21 LOT 12
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
I AM IN FAVOR [2SJ
CoOwner/Spouse
I AM OPPOSED •
Signature
---------Jc-,- Signature -_-)r_£_;.,..,-_-.. "'",---,-,__ -~--,-,_-J...\-,{-~-c---·7----.-
,fa'--'-.;...;;..-..,.:..."-"--F--"'--':,..a..;...._ _
Address Address
8
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
I
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return tilis card by ,nail, ~i1nply lold on the dotted lines so the address on the rev8rsc side ls
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1535 RIDGE AVE
Parcel Number 24-382-020-0007-00
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $30.13 per Foot RECEIVED
ESTIMATED TOTAL COST $1,807.80 FEB 2 :), '/f'ri!,
Property Description C\tv Clerks ()ttice
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLKZ0LOT 7
Your vote GOLJJ\I i ::;!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
Signature Signature
Address Address / ~~J /2l{)qL:A,1,i~r/J&
Thank you for taking the time to vote on this important issue. 15
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, sirnpiy Fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1536 RIDGE AVE
Parcel Number 24-382-021-0014-00
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $30.13 per Foot RECEIVED
ESTIMATED TOTAL COST $1,807.80 FEB •!. .~ 7nni,
Property Description
City Clerks Office
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK 21 LOT 14
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
,-e_J·'h'l.,,-v--- CoOwner/Spouse ~!V·=~ll.J
} , .• ~-. y-,,,_.
IXI
~0"·?'.'! ., ..
+"""""--"'-,.;F"-'~__;_;;;.;...___ ~I/ (j~t.1-~(cr {"Y <
Signature Signature ,c~;,>!,,;( '{vi_ ~Oi/ (, 1 , c-,--
Address
Address ;;;34 ~ g tl,;-L - 1'5 3 l k,., ~'l e h--1/'€.,_.
1
6
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1582
Project Title: RIDGE AVE., CUMBERLAND ST. TO WICKHAM ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, sirnpiy fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1511 RIDGE AVE
Parcel Number 24-382-020-0010-00
Assessable Frontage: 65 Feet RE.CEIVED
Estimated Front Foot Cost: $30.13 per Foot FEB 2 4 7nn4
ESTIMATED TOTAL COST $1,958.45 Clty Clerks Office
Property Description
CITY OF MUSKEGON
GLENSIDE SUB-DIVISION #2
BLK 20 LOT 10
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor er qpposed to the Special Assessment Street Paving Project.
I AM OPPOSED [Z]
Owner
s~oawra ~ -
Addressj,'5//
f1;JA-P,.j A - ~
fl
"/<.106-c,
CoOwner/Spouse
Sigoat,ra
Address
FYv~/\l;V8
Gu106-6
:14--· ilet'IM6-.S
-
Thank you for taking the time to vote on this important issue. 17
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Hudson St., Forest to Southern
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Hudson St. Forest to
Southern, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Hudson St. from Forest Ave. to Southern Ave.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 24, 2004 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
infonnation are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 24, 2004, there were _ _ _% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the prope1ty to be assessed and the
value of the benefit to be received by each prope1ty proposed to be assessed in the district
after the improvements have been made. The City Commission dete1mines 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 _ _ _ _ _ __ _ _ __ __ _ and _ _ _ __ __ _ _ __
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 28.55% 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_ _ __ __ _ __ _ __ _ _ _ _ __ _ __ _ _ __ _ _ __ _
Nays_ _ __ __ _ _ _ _ _ __ _ _ __ _ _ _ _ __ __ __ _ _ _
CITY OF MUSKEGON
By _ _ _ _ __ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _ __ _ _ __ _ __ _ __
Gail A. Kundinger, Clerk
ENGINEERING FEASIBILITY STUDY
For
HUDSON ST. FROM FOREST A VE. TO SOUTHERN AVE.
In an effort to incorporate the established goals into our proposed work, we are proposing the
reconstruction of Hudson between Forest & Southern. This project was staff initiated due to the
surface conditions and the utilities' conditions (water & sewer). While this project is a utility
driven, the pavement conditions are not the best either. Due to the necessary utility work, other
types of improvement such as milling and resurfacing are not recommended since the treanching
for such utilities would leave little if any sub-base and surface to be milled.
The goals that are met under this proposal are;
1. Develop & Maintain City's infrastructure and facilities
2. Maintain & enhance the residential neighborhood of the City
A memorandum from the Assessor's ofiice, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $50,000 with
the length of the project being approximately 300 lineal feet or 406.17' of assessable footage.
This translates into an estimated improvement cost of $123 per assessable foot. The assessment
figure will be at a cost not to exceed $35.15 per assessable foot as established in the 2004 Special
Assessment for this type of improvement.
MUSKEGON COUNTY
iliidll
M C H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8 February 11, 2004
Douglas A Bennett Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
933 Terrace Street
Charles L. Buzzell
District 2 Muskegon, MI 49443
James J. Derezinski Mr. Al-Shatel:
District 4
In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the reconstruction of Hudson Street between Forest Avenue and
District 5 Southern Avenue. The purpose of this analysis is to document the reasonableness of
this special assessment district by identifying and quantifying any accrued benefits. It
Louis A. McMurray
District 9 is subject to the normal governmental restrictions of escheat, taxation, police power
and eminent domain. The effective date is February 11, 2004.
Robert Scolnik
District 11 In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I. John Snider II
District 3
project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in property values due
Nancy A Waters to an improved quality oflife created by the proposed project. As previously
District 6
presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski properties. The front foot rate of$35.15 for the reconstruction of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$36.57. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
c:---
c,_,__"""'--u
Vicki A Emery, CMAE 3
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILDING C • MUSKEGON, Ml 49442
(231) 724-6386 • FAX (231) 724-1129
TTY /231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
EXHIBIT A
Hudson St. from Forest Ave. to Southern Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Hudson St. from l'orcst Ave. to Southern Ave.
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February 13, 2004
Dear :OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.
A public hearing is also scheduled for this project on FEBRUARY 24, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 13, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Hudson St. from Forest Ave. to Southern Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 24, 2004 at
5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $50,000.00 of which
approximately 28.55% ($14,276.88) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
,J. /) /./II
t/lJrl/'fi'r~ 1J;flt/i(
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten ( 10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1580
HUDSON ST., FOREST TO SOUTHERN A VE.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:. _ _ _ _ _ _ _ _ Social Security# _ _-_ _•_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _•_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _•_ _
INCOME INFORMATION
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ) Mortgage ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be cun-ent to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all infonnation furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER APRIL 15, 2004
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.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 41.2 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,448.18
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 490
S 28. 7 FT LOTS 1 & 2
& N 12 1/2 FT OF FOREST AVE ABUTTING SAME
Your vote COUNTS!
• •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
HUDSON ST., FOREST A VE. TO SOUTHERN A VE.
AND
RIDGE A VE., CUMBERLAND ST. TO WICKHAM ST.
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Austin St. from Barney Ave. to Delano Ave.
All parcels abutting Hudson St. from Forest Ave. to Southern Ave.
and
All parcels abutting Ridge Ave. from Cumberland St. to Wickham St.
The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 24, 2004 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE ORATTHE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: February 14, 2004 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H 1580
RECONSTRUCTION HEARING DA TE FEBRUARY 24, 2004
HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
1 RAAS CLIFTON ASSESSABLE FEET: 41.2
24-205-490-0001-40 1597 HUDSON ST COST PER FOOT: $35.15
@ 1597. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,448.18 1
HERSHEY SUZANNE ASSESSABLE FEET: 41.18
2
24-205-490-0001-30 1591 HUDSON ST COST PER FOOT: $35.15
@ 1591. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,447.48 1
3 RHOADS VANESSA M ASSESSABLE FEET: 41.18
24-205-490-0001-20 1585 HUDSON ST COST PER FOOT: $35.15
@ 1585. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,447.48 1
4 LEMIEUX JAMES A ASSESSABLE FEET: 41.18
24-205-490-0001-10 1575 HUDSON ST COST PER FOOT: $35.15
@ 1575. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,447.48 1
5 VANDYKE MARKT ASSESSABLE FEET: 55
24-205-489-0007-30 944 W FOREST AVE COST PER FOOT: $35.15
@ 944.0 W FOREST AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,933.25 1
6 ROKOS KENNETH F ASSESSABLE FEET: 55.25
24-205-489-0007-20 1584 HUDSON ST COST PER FOOT: $35.15
@ 1584. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,942.04 1
7 OLDING SHARON A ASSESSABLE FEET: 40
24-205-489-0007-10 1576 HUDSON ST COST PER FOOT: $35.15
@ 1576. HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I s1,406.oo 1
2/10/2004 Page 1 of 2
RECONSTRUCTION HEARING DATE FEBRUARY 24, 2004
HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
8 CURRIER CYNTHIA I ASSESSABLE FEET: 50
24-205-489-0008-00 943 W SOUTHERN AVE COST PER FOOT: $35.15
@ 943.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,757.50 I
9 BELLINGER ANGELA L ASSESSABLE FEET: 41.18
24-205-490-0001-00 963 W SOUTHERN AVE COST PER FOOT: $35.15
@ 963.0 W SOUTHERN MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,447.48 1
SUM OF ASSESSABLE FOOTAGE: 406.17 SUM OF ESTIMATED P.O. COST: $14.276.88 I
TOTAL NUMBER OF ASSESSABLE PARCELS 9.00
2/10/2004 Page 2 of 2
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Hudson St. Forest Ave.to Southern 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 13TH DAY OF FEBRUARY,
2004.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _ , 2004.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
RECEIV!?D
Property Address: 1575 HUDSON ST FER 1 r,
Parcel Number 24-205-490-0001-10 City Clerks Offict(l
Assessable Frontage: 41.18 Feet
$35.15
Estimated Front Foot Cost: per Foot
Ri:CE/Vf:07
ESTIMATED TOTAL COST $1,447.48 FEB 1 '.inn,,
Prqpe1iy Description
CITY OF MUSKEGON
City Clerks Office
REVISED PLAT OF 1903
BLK 490
S 41.18 FT OF N 123.54 FT LOTS 1 & 2
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED 0
Signature
Address
Thank you for taking the time to vote on this important issue. 4
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vole count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply told on the dotted lines so the address on the reve, "a side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 944 W FOREST AVE
Parcel Number 24-205-489-000 7-30
Assessable Frontage: 55 Feet RECEIVED
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,933.25 City Clerks Office
Property Description
CITY OF MUSKEGON
REVISED PLAT 1903
BLK 489
S55 FT0OF LOTS 7&8
EXC THE E 6 FT OF THE S 55 FT OF LOT 7
Your vole COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
'I •
.,;,}JZ,1,,,JcL t1/t½t J)y/4_9oOwner/Spouse _ _ _ _ _ _ _ _ _ __
I AM OPPOSED lfx;' I
-}tf.Af /4,,_,~ ,t;),,~1_,,l_,,
I
Signature Signature
. ,.-<
Address qt/ t/ /J,(. /-;, /'e.J),-- Address
5
Thank you for taking the time to vole on this important issue. · · · "•·-• 1
-~"-J ,. , . I
vf/)etE 1·s f)6i-hJ':.;-1_ff-- 7,J,r6hq {;J j-1-n. --l-he5e., .s+re.cfs ~
(I ·d
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580 r----;;;:-:;==-=--:==--,
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN/. VE_RECEIVED
Project Description RECONSTRUCTION FEB l g 7nn1i
City Clerks Office
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on ihe reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 963 W SOUTHERN AVE
Parcel Number 24-205-490-0001-00
Assessable Frontage: 41.18 Feet
$35.15 per Foot
RECEl'IED
Estimated Front Foot Cost:
ESTIMATED TOTAL COST $1,447.48
Property Description City ~,cerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 490
N 82.36 FT LOT 1
Your vote COUNTS!
I AM IN FAVOR
/\ . ~
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
iVleitl, ,v111r11.e
111 I
0
,. XHtvu:.x_r)
\
I AM OPPOSED I\Jl
LXJ
/ ·
Owner { \ nc1 (;! \ ~~ Krocil.; ~oOwner/Spouse
Signature I! ;,{,r•1 ' 1\if/1, ill'11Ji\ fttudz..__-,-
\- ~ . ,, ' \ j
1
~ '-"' ,.0/LJ_,
Signature - - - - - - - - - - - -
Address C)v?) \!d ' ~at\-\htrn Ave., Address
Thank you for taking the time to vote on this important issue. 9
H-1580 HUDSON ST. FOREST AVE. to SOUTHERN AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS· 9
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 406.170 *** 5 944 FOREST 24-205-489-0007-30 55.00
4 1575 HUDSON 24-205-490-0001-10 41.18
FRONT FEET OPPOSED 232.610 57.27% 7 1576 HUDSON 24-205-489-0007-10 40.00
6 1584 HUDSON 24-205-489-0007-20 55.25
RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 9 963 SOUTHERN 24-205-490-0001-00 41.18
NOT RESPONDING - FRONT FEET IN FAVOR 173.560 42.73%
TOTAL FRONT FEET IN FAVOR 173.560 42.73%
TOTALS 0.00 232.61
TABULATED AS OF: 04:31 PM
2/24/20044:32 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON HUDSON
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1576 HUDSON ST
Parcel Number 24-205-489-0007-10
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $35.15 per Foot RECEIVED
: : r·'' ) /f,.,ii
ESTIMATED TOTAL COST $1,406.00 FEB 1· ''<'10'
Property Description
CITY OF MUSKEGON
Oltv Clerks Office
REVISED PLAT OF 1903
BLK 489
SLY 40 FT OF N 140 FT LOTS 7 & 8
Your vote COUNTS!
Owner
I AM IN FAVOR
,
, =='-+-'~4
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
/
') ,
I AM OPPOSED 1,X 1
'/~.~f,,4..,.,... CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
4
Signature Signature
Address Address
Thank you for taking the time to vote on this important issue. 7
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 24, 2004
Project Number: H 1580
Project Title: HUDSON ST., FOREST AVE. TO SOUTHERN AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1584 HUDSON ST
Parcel Number 24-205-489-0007-20
Assessable Frontage: 55.25 Feet RECEIVFD
Estimated Front Foot Cost: $35.15 per Foot FEB 1 \:i 7nn4
ESTIMATED TOTAL COST $1,942.04 City Clerks Office
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 489
N 55.25 FT OF S 110.25 FT LOTS 7 & 8
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
~'--'R~""':a:.J'k~O5"--- CoOwner/S po use --'L=...;cJ;.....;...f..;_E---'-'11:....,)l'-'--__.,fi..:.?..;ao"""k;.i..;;;o...;a.~
-i/~<..!.;c-l.1"'-vJ.);N...
Signature ,41~--,'1./J~i:,_(11,J, ,t¥J Signature ~tt-,-'(..--t..ft,v Ii:!,,~~
Address J,£'9 if JJ~u.,Jt Address / 5- F ,,~ 7'Lc..c-l~
Thank you for taking the time to vote on this important issue. 6
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: 2004 Fee Schedule
SUMMARY OF REQUEST:
Amend the 2004 Fee Schedule to include a $30.00 none refundable fee to obtain
construction contract documents and plans. At the present time we have a $25.00 deposit
which is refundable upon the return of the documents. The deposit is not effective at this
time since we are issuing an average of 15-contracts per projects and when they are
returned we have little or no use for all of them.
FINANCIAL IMPACT:
Saving of about $450 per year.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the amendment and add to the 2004 fee schedule the cost for construction
documents.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: February 24, 2004
Date: February 17, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development 0/3C
RE: Zoning Ordinance Amendment for Signs
SUMMARY OF REQUEST:
Request to amend Section 2334 (Signs) of Article XXIII (General Provisions) of the
City's Zoning Ordinance in regards to prohibited and exempt signs. The amendment
creates provisions regarding the installation of "Community Promotional" banners on
poles located on City property.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend and add proposed
language in the articles and sections described above, with the recommended
modifications proposed by the Planning Commission.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 2/12 meeting.
The Planning Commission deleted the need for an encroachment agreement with the
city and added that there be an agreement with the owner of the pole. This is reflected
in the proposed ordinance. The vote was unanimous with B. Smith absent.
2/17/2004
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Februmy 12, 2004
Hearing; Case 2004-06: Staff-initiated request to amend Section 2334 (Signs) of the Zoning
Ordinance regarding prohibited and exempt signs.
BACKGROUND
Staff has looked into an issue regarding the use of City poles to display banners. CwTCntly, the Zoning
ordinance prohibits the placement of banners on utility poles. The proposed language would provide
for the allowance of"community promotional" banners on these structures. Examples are, but are not
limited to "Welcome to Muskegon" or banner announcing that you have entered the "Lakeside
Business Dist1ict." The two proposed ordinance changes can be found as followed in italics: 4
Prohibited Sib'11S, (all districts). Phrasing added to the end oflcttcr d. 5 Exempt Signs, a new m. added
which also includes the first three conditions of!. describing the basic quality of the banner.
Prohibited Signs and Exempt Signs
Excerpted from Section 2334 (Signs):
4. Prohibited Signs (all districts): The following listed sib'11S are prohibited in any zoning distiict
of the City: [amended 6/03]
a. A sign displaying intennittent lights and lights resembling the flashing lights
customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traflic directional signs or devices.
b. A sign using the words, "Stop", "Danger", or any other words, phrases, symbols, or
characters, in such a manner as to interfere with, mislead, or confuse a vehicle d1iver.
c. Signs affixed to trees, shrubs or similar natural features.
d. Signs affixed to fences or utility poles or structural elements not capable to suppmt
such sib'11S except community promotional banners permitted under "Exempt Signs. "
e. Any sign which obstrncts the ingress or Cb>TCSS from a required door, window, or other
required exit.
f. Signs on parked vehicles where the sib'11 is the primmy use of the vehicle.
g. Banners used as pe1manent signs.
2
h. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for pe1iods not to exceed fifteen (15) days to announce the opening of a
new type of business or use by a new owner.
1. Portable "A" frame signs, inve1ied "T" signs with spider legs, with or without wheels
where lette1ing can be changed, reaITangcd or altered (see also definition of"pmiable"
sign). Except that "A' frame sii,'lls are pe1mitted in the Clay-Western and National
Register Historic Districts with Histmic Dishict Commission approval.
J. Signs which overhang or extend into a dedicated public 1ight-of-way without the
w1itten consent of the city. Any signs which encroach upon the public right-of way do
not qualify as legal nonconfo1ming signs. Such sii,'lls shall be considered an illegal
use and shall be removed.
k. Sil,'llS that have concrete foundations or other solid anchoring devices that project
above the smface of the ground more than 18" (eighteen inches).
I. Signs which are painted, placed or constmcted directly on or project from a roof.
m. Off-premise signs except billboards rei,'Ulated herein or tourist oriented directional
signs placed in cooperation with the City.
n. Signs with visible moving, revolving, rotating pmis, or visible mechanical movement
of any description or other apparent visible movement achieved by clecmcal,
electJ·onic, or mechanical means.
o. Externally illuminated signs which can bleed light, inteitcre with the city's "night sky"
objectives, cast glare in the public 1ight-of-way distracting dtivers, and shining into
adjacent residential areas interfering with resident's enjoyment of their personal
prope1iy.
5. Exempt Signs: The following signs, provided such signs are established in a lawful manner and
placed so as not to cause a nuisance or create a safety hazard, are petmitted without a pennit:
[amended 6/03]
a. One real estate sale and "For Rent" or "Lease" or construction sign per property not
exceeding eight (8) square feet in display area when located within a residential
distiict. For all other dishicts, one real estate sale and "For Rent" or "Lease" sign per
major bordering street complying with the standards of Table II.
b. On-site political campaign signs not exceeding thirty-two (32) square feet in display
area. It is recommended that they are not erected any sooner than thiiiy (30) days
ptior to the scheduled day of election for which they are made and removed within 10
days of the election.
3
c. "No Hunting", "No Trespassing", and on-premise "Garage Sale" signs not exceeding
four (4) square feet in display area.
d. On-premise directional signs approved as pmt of the site plan process not exceeding
two signs per road frontage and not exceeding six (6) square feet in display area or
four (4) feet in height. Not more than twenty-five (25%) of the area of any directional
sign may be devoted to business identification or logo.
e. Signs identifying a building's address and/or the names of the occupants but not
exceeding four (4) square feet in display area.
f. Histmic markers, signs identifying the names of a building or date of erection of a
strncture.
g. Official notices of any cowt or public agency not exceeding twelve (12) square feet in
display area.
h. Window signs covenng up to twenty five percent (25%) of the strncture's total
window area.
1. Traffic control, directional, warning, or informational signs when authorized by a
public agency having appropriate jurisdiction.
J. Signs required by federal or state agencies in connection with federal or state grant
projects and programs.
k. The flags of government or noncommercial institutions.
1. Banners for special events or sales, provided:
I) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safoty.
4) A business or institution with up to one 140 feet of frontage is limited to (one)
1 banner of no more than 24 square foet.
5) A business or institution with between 14 I and 280 feet of frontage is limited
to two (2) banners totaling no more than 48 square feet.
6) A business or institution with 281 feet of frontage or more is limited to three
(3) banners totaling no more than 72 square feet.
m. Community promotional banners attached to poles located on City property may be
4
allowed by permission ofthe Zoning Administrato,; provided an encroachment
agreement with the City is in place and provided:
1) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatzv hung, taut and secure.
3) Banners may not pose a hazard to public safe(v.
5
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2125
An ordinance to amend Section 2334 (Signs), of Article XXIII (General Provisions) of the City's
Zoning Ordinance to permit the installation of "Community Promotional" banners on poles
located on City property.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs), of Article XXIII (General Provisions) of the Zoning Ordinance of the City of
Muskegon is hereby amended to create provisions regarding the installation of"Community
Promotional" banners on poles located on City owned property:
4. Prohibited Signs {all districts): The following listed signs are prohibited in any zoning district
of the City: [amended 6/03]
a. A sib'll displaying intennittent lights and lights resembling the flashing lights
custommily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traffic directional signs or devices.
b. A sib'11 using the words, "Stop", "Danger", or any other words, phrases, symbols, or
characters, in such a manner as to interfere with, mislead, or confuse a vehicle driver.
c. Sib'llS affixed to trees, shrnbs or similar natural features.
d. Signs affixed to fences or utility poles or strnctural elements not capable to suppmt
such signs except community promotional banners pennitted under "Exempt Signs."
e. Any sign which obstructs the ingress or egress from a required door, window, or other
required exit.
f. Sib'llS on parked vehicles where the sib'll is the primary use of the vehicle.
g. Banners used as pennanent sib'llS.
h. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for pe1iods not to exceed fifteen (15) days to announce the opening of a
new type of business or use by a new owner.
1. Pmtable "A" frame signs, inve1ted "T" signs with spider legs, with or without wheels
where lettering can be changed, remrnnged or altered (see also definition of"portable"
sign). Except that "A' frame signs are pennitted in the Clay-Western and National
Register Historic Districts with Historic District Conunission approval.
J. Signs which overhang or extend into a dedicated public 1ight-of-way without the
w1itten consent of the city. Any signs which encroach upon the public 1ight-ofway do
not qualify as legal nonconfonning signs. Such signs shall be considered an illegal
use and shall be removed.
k. Signs that have concrete foundations or other solid anchoring devices that project
above the surface of the b>round more than 18" (eighteen inches).
1. Sib'11s which are painted, placed or constructed directly on or project from a roof.
111. Oft~premise signs except billboards regulated herein or tourist 01iented directional
sib'11S placed in cooperation with the City.
n. Signs with visible moving, revolving, rotating pm1s, or visible mechanical movement
of any description or other apparent visible movement achieved by electrical,
electronic, or mechanical means.
o. Externally illuminated signs which can bleed light, inte1fere with the city's "night sky"
objectives, cast glare in the public right-of-way distracting drivers, and shining into
adjacent residential areas inte1fering with resident's enjoyment of their personal
propei1y.
5. Exempt Signs: The following sib'11s, provided such signs are established in a lawful manner and
placed so as not to cause a nuisance or create a safety hazard, arc pennittcd without a pennit:
[amended 6/03]
a. One real estate sale and "For Rent" or "Lease" or construction sign per prope11y not
exceeding eight (8) square feet in display area when located within a residential
disllict. For all other districts, one real estate sale and "For Rent" or "Lease" sign per
major bordering street complying with the standards of Table 11.
b. On-site political campaib'11 sib'11S not exceeding thirty-two (32) square feet in display
area. It is recommended that they are not erected any sooner than thi11y (30) days
priorto the scheduled day of election for which they are made and removed within l 0
days of the election.
c. "No Hunting", "No Trespassing", and on-premise "Garage Sale" sib'11S not exceeding
four (4) square feet in display area.
d. On-premise directional signs approved as part of the site plan process not exceeding
two sib'11S per road frontage and not exceeding six (6) square feet in display area or
four (4) feet in height. Not more than twenty-five (25%) of the area of any directional
sign may be devoted to business identification or logo.
e. Sib'11S identifying a building's address and/or the names of the occupants but not
exceeding four (4) square feet in display area.
f. Historic markers, signs identifying the nmnes of a building or date of erection of a
structure.
g. Official notices of any court or public agency not exceeding twelve (12) square feet in
display area.
h. Window signs covering up to twenty five percent (25%) of the structure's total
window area.
1. Traffic control, directional, warning, or inforn1ational signs when authorized by a
public agency having appropriate jmisdiction.
J. Signs required by federal or state agencies in connection with federal or state b>rant
projects and prob>rams.
k. The flags of government or noncommercial institutions.
l. Banners for special events or sales, provided:
I) Banners must be made of plastic, vinyl or another similar mate1ial of
professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safety.
4) A business or institution with up to one 140 feet of frontage is limited to (one)
I banner of no more than 24 square feet.
5) A business or institution with between 141 and 280 feet of frontage is limited
to two (2) banners totaling no more than 48 square feet.
6) A business or institution with 281 feet of frontage or more is limited to three
(3) banners totaling no more than 72 square feet.
m. Community promotional banners attached to poles located on City property may be
allowed by pe1111ission of the Zoning Administrator, provided:
l) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safety.
4) An agreement will be in place with the owner of the pole.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Wannington, Carter, Davis
Nayes: None
Adoption Date:___F_e_b_r_u_a~ry,.__2_4-','----2_0_0_4_ _ _ _ __ _ __
March 12, 2004
Effective Date:- - - - - - - - - - - - - - - - - - --
First Reading: _ _ _F_e_b_r_u_a_ry_2_4_,_2_0_0_4_ _ _ _ _ _ __ _ _
Second Reading:_ _ N_;_/_A_ _ __ _ _ __ _ _ _ _ _ __
CITY OF MUSKEGON
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a l!ue and complete copy of an ordinance adopted
by the City Co1mnission of the City of Muskegon, at a regular meeting of the City Commission on the
24 th of February2004, at which meeting a quorum was present and remained throughout, and that
the 01iginal 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: February 24 , 2004. ~ Q. ~Jg_.._,
Gail A. Kundinger, M M ~ ·
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on Februmy 24, 2004, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2334 (Signs), of Article XXIII (General Provisions) of the City's
Zoning Ordinance to create provisions regarding the installation of "Community Promotional"
banners on poles located on City owned property.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Ten-ace Street, Muskegon, Michigan, dming regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published March 2
--- - - - - - -, 2004 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: February 24, 2004
Date: February 16, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C-6 °
RE: Extension of Renaissance Zone Agreement
Terms- Shaw Walker
SUMMARY OF REQUEST: The City of Muskegon designated the Shaw Walker
property as a Renaissance Zone in October 2002. As part of the process, an
agreement was entered into with the owner/developer, P & G Holdings, LLC. The
Agreement stated that P & G Holdings would invest at least $3,000,000 in the
property within two years from the date of the property designation as a Renaissance
Zone. Since it has taken longer than expected for the owner to receive their
Remedial Action Plan amendment (RAP- which allows them to include residential in
the building) from the MDEQ, the owners are requesting an extension on their
development requirements. The owners have stayed in continual contact with City
staff throughout this process. They now have their approved amended RAP, and will
take out building permits for the Phase I construction prior to February 24, 2004.
They are asking for a one-year extension on our Agreement, to ensure that
construction is completed within the requirements of the Agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the "First Amendment to Development
Agreement, City of Muskegon Renaissance Zone" (attached), allowing for a time
extension to September 1, 2005, to complete Phase I improvements to the Shaw
Walker property.
COMMITTEE RECOMMENDATION: None.
PARMENTER o-TOOLE
Attomeys at law
John M. Briggs, Ill
Michael l. Rolf Scott R. Sewick
Jeffery A. Jacobson
George W. Johnson 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
W. Brad Groom Dawn M. Goodwin
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206 Thad N. McCollum
Eric R. Gielow
John C. Schner www.Parmenterlaw.com
Christopher L. Kelly OJ('m,md
Linda S Kaare Thomas J. O'Toole
James R. Scheuerle Eric J. Fauri
Philip M. Steffan Michael M. Knowlton
William J. Meier
Keith L. McEvoy George A Parmenter, 1903-1993
Anna Urick Duggins
Scali M. Knowllon
February 16, 2004
Cathy Brubaker-Clark
Director of Community and Economic Development
City of Muskegon Planning Depaiiment
Muskegon City Hall
933 Terrace
Muskegon, MI 49440
Re: Proposed Amendment to the City of Muskegon and
P&G Holdings, LLC Development Agreement, dated October 3;
Renaissance Zone Designation Expenditure Extension Request
Dear Ms. Brubaker-Clark:
We are requesting an amendment to the City of Muskegon and P&G Holdings, LLC
Development Agreement, dated October 3, 2002 to extend the expenditure deadline from
September 2004 to September 2005. This would allow the company adequate time to comply
with the expenditure requirement. This request is further explained in correspondence directed
to the Muskegon City Commissioners, dated February 16, 2004, which provides an update on the
status of P&G Holdings/A.N.M. Real Estate Group Investment's (P&G) development of the
Shaw Walker apartments, located in one of the City of Muskegon's Renaissance Zones and
requests the 12-month extension referred to in the amendment below. If the City Commission
takes positive action on this request, we recommend that the following language be used to
amend agreement paragraph 2.2. We have also prepared an official amendment for your
consideration and use.
The current language in the City of Muskegon and P&G Holdings, LLC Development
Agreement reads as follows:
2.2 Private investment in the amount of at least $3,000,000 within two years from the
date of the property's designation of Renaissance Zone status by the State of
Michigan.
G \EDSl\f1LES\22578\0000\LTR\BE336S DOC
Cathy Brubaker-Clark
Februa,y 16, 2004
Page2
The proposed language would amend the current paragraph 2.2 to read:
2.2 Private investment in the amount of at least $3,000,000 no later than September 1,
2005.
We understand, from earlier discussions with you, that the City Commission has the authority to
grant this extension request for the State of Michigan.
Please do not hesitate to contact me if you have any questions on the above request or if
amendments or modifications need to be made to the attached official amendment document.
Very truly yours,
~~ij6~L
Eric R. Gielow
231.722.5427
/ r
231.728.2206 Fax
erg@parmenterlaw.com
ERG/eah
Enclosure
cc: Moses Gross, P&G Holdings, LLC
Frank Bednarek, Hooker DeJong Architects & Engineers
G·IEDS!IFI LES\22578\0000\LTRIBEJJ65 DOC
2004-24(c)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
This agreement between P&G HOLDINGS, LLC, a New York limited liability
company, of 4203 13 th Avenue, Brooklyn, New York ("Company") and the CITY OF
MUSKEGON, a Michigan municipal corporation, of 933 Ten-ace Street, Muskegon, MI ("City")
is made pursuant to the following terms :
Background
A. Company and City entered into a Development Agreement dated October 3, 2002
regarding the property owned by Company and the City of Muskegon Renaissance Zone
designation.
B. The Development Agreement requires the expenditure of $3,000,000 within two
years from the date the property is designated a Renaissance Zone.
C. Company and City have agreed to amend the Development Agreement to extend the
deadline for expenditure of such sum.
Therefore, the parties agree to amend the Development Agreement as follows:
1. Paragraph 2.2 shall be revised to read as follows:
2.2 Private investment in the amount of at least $3,000,000 no later than
September 1, 2005
2. In all other respects, the Development Agreement dated October 3, 2002 shall be
unchanged.
IN WITNESS WHEREOF, the parties have signed this Amendment on the dates
indicated below.
CITY -- CITY O MUSKEGON, a Michigan
Dated: February 24, 2004
Dated: February 24, 2004 By:__:~ ~::::__!..::~ ~~ ~ ~'---- -
Gail Kundinger, City Clerk
COMPANY -- P&G HOLDINGS, LLC, a New
York limi~ liability company
Dated: 3 - I0 ·- 0 1..-/
G:\E DS IIFI LES\2257810001 IAMEND18 E3886. DOC
PARMENTER o-TOOLE
Attorneys at Law
John M. Briggs, Ill
Michael L. Rolf Seo!\ R. Sewick
George W. Johnson 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786 Jeffery A Jacobson
W. Brad Groom Dawn M. Goodwin
Eric R. Gielow
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206 Thad N. McCollurn
John C. Schrier www.Parmenterlaw.com
Christopher L Kelly
OJCmm,wl
Linda S. Kaare
Thomas J. O'Toole
James R. Scheuerle
Eric J. Fauri
Philip M. Steffan
Michael M, Knowlton
William J. Meier
Keith L. McEvoy George A. Parmenter, 1903-1993
Anna Urick Duggins
Scott M. Knowlton
February 16, 2004
Honorable Mayor and City of Muskegon Commissioners
Muskegon City Hall
933 Terrace
Muskegon,MI 49440
Re: Update on Shaw Walker Apartment Project Development and Renaissance Zone
Designation; Expenditure Extension Request
Dear Honorable Mayor and Commissioners:
This correspondence will update you on the status of P&G Holdings/A.N.M. Real Estate Group
Investment's (P&G) development of the Shaw Walker apartments, located in one of the City of
Muskegon's Renaissance Zones. The information presented below and in attachments to this
con-espondence provides a synopsis of the project status to date and the reasons for P&G's
request for the expenditure extension.
As you are aware, P&G submitted an application to the City requesting a Renaissance Zone
Designation for the former Shaw Walker building and property in July of 2002. This request
was approved, and an agreement was signed between the two parties in October of 2002,
outlining the terms and conditions applicable to the Renaissance Zone designation. Included in
these responsibilities was a commitment of private investment for redevelopment on the part of
P&G, totaling $3,000,000, to be expended within two years of the prope1iy's designation as a
Renaissance Zone (Paragraph 2.2 - Development Agreement; City of Muskegon Renaissance
Zone). After receiving the designation approval, the company proceeded with the development
process and obtained permits and approvals to allow for residential development on the site.
The first step was to seek the consent of the Michigan Department of Enviromnental Quality to
allow for residential use of the property. Prior to the purchase of the property by P&G, the
MDEQ had approved a Limited Industrial, Commercial and Residential Remedial Action Plan
(RAP) in 2000 for the prope1iy to address historical contamination that existed on the site. The
RAP called for restrictive covenants to be placed on the property limiting its use to only
industrial or commercial activities.
G:\EDSI\FILES\22578\0000\LTR\BE3336.DOC
Honorable Mayor and City ofMuskegon Commissioners
February I 6, 2004
Page2
Negotiations between P&G and the MDEQ started in January of 2003, with a goal of
expeditiously gaining approval for residential use of the property. The pathway to gain this
approval was more complicated and most importantly, more time consuming then expected, and
involved additional sampling and analysis and required commitments to perform limited
remedial activities. This approval came in the form of an Interim Response Designed to Meet
Criteria (IRDC) Plan and Agreement, including a new restrictive covenant for the property
allowing for limited residential uses. The MDEQ approved the IRDC Plan, Agreement and
restrictive covenant in December of 2003.
While P&G directed its legal counsel and environmental consultants to move quickly forward in
the MDEQ approval process, they continued to work with the architects, Hooker DeJong and
general contractor, Muskegon Construction, directing them to move forward with the project,
understanding that the clock was ticking. In the past two months since gaining approval, P &G
has aggressively launched the project, directing the above groups to solicit bids, let contracts and
begin construction.
Despite its best efforts, the required expenditure of $3,000,000 could not take place within two
years because of the unplanned 12-month delay that was encountered in obtaining the necessary
approvals from the state. Constrnction, with its related expenditures could not begin for
residential apartments when it was unclear whether the state would ultimately allow for
residential development. In defense of the MDEQ and the administrative process, the
department had to use recently promulgated rnles to define and guide their actions. The IRDC
agreement entered with P&G was one of the first agreements of this type in the state under the
new rules, so the process was being created as P&G's project proceeded through the steps to
finalization.
All of the parties involved, the project owners/developers, the architects, the constrnction
company, consultants and MDEQ and City staff have worked diligently through this process to
the point where construction is ready to begin. However, we also know that realistically, a
project of this magnitude can only move forward so fast, and prudent decisions have to be made
on expenditures, also in a stepwise fashion. Therefore, the requirement to meet the expenditure
deadline in September of 2004 cam10t realistically be met. In addition to the schedule for
expenditures required by the city, the IRDC agreement imposes its own schedule on this project.
The required remedial activities in the IRDC agreement must be completed by December of
2004. An extension is necessary to coordinate these IRDC activities with construction, and they
cannot commence until spring.
We believe this project will be a tremendous asset to the city and is the first step in the full
redevelopment of a vacant brownfield site. We therefore request, on behalf of P&G, that the
City Commission extend the time period for full expenditure of funds until September 1, 2005.
G:IEDSI\F!LESl22578\0000\LTRIBE3336.DOC
Honorable Mayor and City ofMuskegon Commissioners
February 16, 2004
Page3
For your reference, we have included a timeline (Figure 1), which identifies actions taken to date
and their relationship to the current and the requested expenditure deadline. We have also
included a copy of the architectural drawings for this project.
Thank you for your consideration of this expenditure extension request. I would be very happy
to answer any questions you have on the project, the extension request, or the information
presented above.
Very trnly yours,
~7<;~A
Eric R. Gielow ~
231. 722.5427
231.728.2206 Fax
erg@parmenterlaw.com
ERG/eah
Enclosures
cc: Cathy Brubaker-Clark, City of Muskegon Planning Depaitment
Moses Gross, P&G Holdings, LLC
Frank Bednarek, Hooker DeJong Architects & Engineers
G:IEDSI\FI LES122578\0000\LT RIBE3336. DOC
Figure 1. Timeline for Expenditure Extension Request
1. 2. 3. 4. 5. 6. 7.
J I J I A I S I O I N I D I J I F I MIA I M I J I J I A I S
2002 2003 2004 2005
CURRENT EXPEDITURE PERIOD EXPENDITURE REQUEST
Timeline Description:
1. October - 2002: City of Muskegon approves request with requirement for private investment of at least $3,000,000
within two years from date of designation.
2. January - 2003: Company meets with MDEQ to determine necessary actions to approve residential development
3. December - 2003: MDEQ approves IRDC agreement and restrictive covenants for residential use
4. February- 2004: Contracts have been let, building and other ancillary permits have been pulled, and construction has
commenced.
5. September- 2004: Current $3,000,000 expenditure deadline
6. December -2004: Required remedial activities to be completed, as per IRDC Agreement
7. September - 2005: Requested $3,000,000 expenditure deadline
G:\EDSl\FILES\2257810000\LTR\BE3341.DOC
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AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 2/24/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 18, 2004
RE: Nugent Sand Pipeline Construction
SUMMARY OF REQUEST:
To consider intervening in Nugent Sand's appeal of the DEQ decision to deny the permit to
construct a pipeline through the Lake Michigan dune.
FINANCIAL IMPACT:
$3,000 - $5,000 to file motion to intervene.
BUDGET ACTION REQUIRED:
An amendment to the 2004 budget would be required.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\OEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (NUGENT SAND)
Date: February 3, 2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Milwaukee Clipper Request
SUMMARY OF REQUEST:
S.S. Milwaukee Clipper Preservation, Inc. has requested
that they be allowed to permanently moor the Milwaukee
Clipper along the peninsula at Hartshorn Marina.
FINANCIAL IMPACT:
Unknown
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Develop a contract to be brought back to the City
Commission
COMMITTEE RECOMMENDATION:
The Leisure Services Board recommends approval of the
request
Date: February 3, 2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
Re: Milwaukee Clipper Request
S.S. Milwaukee Clipper Preservation, Inc. is requesting
that the Milwaukee Clipper be permanently moored at
Hartshorn Marina along the peninsula of the small boat
basin.
The Milwaukee Clipper is a National Historic Landmark
and as such is under the purview of the National Park
Service. Consequently, The National Park Service has no
problem with the vessel being permanently moored at the
marina as this is allowed under the agreement with the
Land and Water Conservation fund, which is under the
National Park Service. The Milwaukee Clipper
organization is a non-profit organization.
The improvements necessary to move the Clipper will all
be made at the expense of the Clipper organization.
Staff has met with the group to discuss some logistical
concerns. We believe that all the concerns can be
addressed during the design stage. We will be assisting
them with the writing of grants and the City will need
to be the grant recipient for some of them. However,
the local match will be the responsibility of the
Clipper group.
The Leisure Services Board unanimously recommended
approval of the request. Staff would recommend that you
authorize us to finalize a contract for moving the
Clipper to Hartshorn Marina and that we bring that
agreement back to you for your approval.
Thank you for your consideration.
Affirmative Action
(23 l )724-6703
FAX: (231)722-1214
Assessor/Equellzetlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231 )724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724 West Mich.lgan's Shm'Clinc City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
February 24, 2004
Clerk
(231 )724-6705 Raymond J. Hilt, DDS
FAX: (231)724-4178
S.S. Milwaukee Clipper Preservation, Inc
Community nnd 1627 Jefferson
Neigh. Services
(231)724-6717 Muskegon MI 49441
FAX: (23 I )726-250 I
Computer Info.
Systems
(231 )724-6744 Re: Letter of Intent to Lease Property
FAX: (231)722-4301
Milwaukee Clipper
Engineering Dept.
(231 )724-6707
FAX: (231)727- 6904
Finn nee Dept.
(231 )724-6713 Dear Dr. Hilt:
FAX: (231)724-6768
Fire Department
(231 )724-6792
This Letter oflntent shall confirm the intention of the City of Muskegon of 933 Terrace,
FAX: (231)724-6985 Muskegon, Michigan 49441 ("Lessor") to lease to S.S. Milwaukee Clipper Preservation, Inc.,
Income Tax a Michigan non-profit corporation, of 3009 Memorial Drive, Muskegon, Michigan 49442
(231 )724-6770 ("Lessee"), unimproved real estate for the purpose of berthing the Milwaukee Clipper
FAX: (231)724-6768
("Clipper"), as the Premises is more paiticularly described in the attached Exhibit A
1ns11ecllon Services
(231 )724-671 S
("Property").
FAX: (231)728-4371
Leisure Services Subject to such further terms and conditions as may be set forth in a definitive lease
(231 )724-6704
FAX: (231)724- 1196 agreement in form and content satisfactory to Lessor and Lessee (the "Lease"), Lessor would
lease the Property to Lessee free and clear of ail encumbrances, other than easements and
Mayor's Office
(231)724-6701 restrictions of record.
~·AX: (231)722-1214
Plunnlng/Zonlng
(231 )724-6702
The City's willingness to lease the Property is contingent upon the following:
FAX: (231)724-6790
Pollce Deptartment 1) Lessee shall submit architectural or engineering plans evidencing the necessary
(231 )724-6750
FAX: (231)722-5140 improvements at the Hartshorn Marina in order to berth the Clipper at the location;
P ublic Works Depl.
(231)724-4100
FAX: (231)722-4188 2) Lessee shall provide evidence of ability to pay for the necessary improvements at
Hartshorn Marina;
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
3) Lessee shall submit a Master Plan for the small boat basin at Hartshorn Marina
Water Bllllng Dept.
(231)724-6718
acceptable to the City; and
FAX: (231)724-6768
W a ter FUlrollon
(231)724-4106
FAX : (231)7S5-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
4) Lessee shall maintain the Clipper at a level acceptable to the City.
Should the matter set forth above be acceptable to the S.S. Milwaukee Clipper Preservation,
Inc., please indicate its acceptance of the terms and conditions set forth herein by signing in
the space below and returning two executed copies to the City of Muskegon at the above
address.
Sincerely,
Ric Scott
Director of Leisure
By:
Name:
Title: Mayor
Date: ~lll. 5 _,2004
~ «~C~0=/2.________,,.'--_
ACKNOWLEDGED AND AGREED:
S.S. Milwaukee Clipper Preservation, Inc.
By:
Name:
Title:
Date:
I
I
I S.S. Milwaukee Clipper
I Proposed Permanent Site at Hartshorn
Marina Peninsula
I
I
I
I
S.S. Milwaukee Clipper Preservation. Inc.
February 10, 2004
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING --=2:..::/2'""4/c.::c04.,__
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 17, 2004
RE: Public Safety Administrative Consolidation
SUMMARY OF REQUEST:
To endorse a proposal to consolidate the administration of police, fire, and inspections.
FINANCIAL IMPACT:
Projected first-year net savings of $102,820.
BUDGET ACTION REQUIRED:
Savings will be accounted for in future budget amendments.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (PUBLIC SAFETY CONSOLIDATION)
First of all, I would like to say the overall goals and objectives of the
Muskegon Fire Department should not be forgotten.
The goals, like the goals of any career Fire Department across the
states are:
1. Life Safety
2. Incident Stabilization
3. Property Conservation
I think as Fire Marshal, the way to reach these goals and objectives
are through a united and combined effort of all city departments;
especially during difficult budget times.
As we know, fire prevention, inspection and code enforcement does
work. Because of the working relationship that police, fire and
inspection services currently have, our city has had a 44% reduction
in fires within the last 5 years. This is brought about through intense
inspection, property maintenance code enforcement and public fire
prevention and education.
I feel that all employees and citizens within the city of Muskegon must
ask themselves: would you rather have the fire department help
prevent your house fire or manage your house fire? Would you
rather have the fire department prevent your child's burn injury or
treat your child's burn injury?
Most employees overlook the relationship the fire, inspection and
police must have to maintain safety and care for all, therefore, city
fire, police, inspection personnel should band together for a team
effort to continue to give the best service possible during difficult
budget times.
Inspections Services
Department
Memo
DATE: February 24, 2004
TO: Honorable Mayor and City Commissioners
Cc: Bryon Mazade
FROM: Robert B. Grabinski
SUBJECT: 637 Amity
Please remove 637 Amity from the agenda for concurrence with the Housing Board
of Appeals to demolish structure at the referenced address. The interior inspection
has been conducted and the following agreement has been reached with the new
owner:
1. Permits to be pulled by 3/31/04 by all contractors.
2. Building permit value of $40,000.
3. Progress inspections every 30 days commencing from date permit is pulled.
4. All work to be completed, inspected and Certificate of Occupancy issued by
September 1, 2004.
We are holding fire escrow funds on this properly in addition to the above agreement.
• Page 1
DATE: February 16, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030174-Address: 637
Amity.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 637 Amity - Area 11 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: #EN03017 4 - 637 Amity.
Location and ownership: This structure is located on Amity between Scott and
Kenneth and is owned by Jeanette Casson. The house was been damaged by
fire in 2002 and the city holds $6437 in escrow until the repairs are completed or
demolition occurs.
Staff Correspondence: The owner was notified by the Fire Marshal on 6/12/02 of
the insurance money being deposited in escrow. A board up notice was issued
3/11/02 and 4/21/03. A dangerous building inspection report was written
11/20/03 and Notice and Order to repair or remove was issued 12/3/03. On
1/8/04 the HBA declared the house substandard and dangerous.
Owner Contact: The owner was present at the 1/8/04 HBA meeting with a
potential buyer of the property who stated he intends to repair and live in the
house. They were told at that time that even though the house was being
declared, they would have 30 days in which the potential owner (Gus Bucholz)
could bring in proof of ownership, schedule an interior inspection and submit a
timetable for repairs. Mr. Bucholz scheduled an interior inspection for 1/29/04,
but had to cancel and reschedule for personal reasons. The interior inspection is
scheduled for 2/20/04.
Financial Impact: The cost of demolition will be paid with money that is
escrowed.
Budget Action Required: None
SEV: $21,200
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $18,000 plus the cost of interior repairs not
listed.
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, February 24, 2004.
---...
l
~37
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
637 Amity
11/20/03
Inspection noted:
1. Windows broken & boarded.
2. Door broken and boarded.
3. Extensive fire damage to 2nd floor.
4. Extensive water damage to 1st floor.
5. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
6. 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 F ALTINOWSKI, BUILDING INSPECTOR DATE
C: \ WINDOWS\TEMP\637 Amity-Exterior.doc
DATE: February 16, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030161-Address:
267Merrill - Garage.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 267 Merrill - Garage- Area 10 is unsafe, substandard, a public
nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN030161 - 267 Merrill - Garage only.
Location and ownership: This structure is located on Merrill between Fourth
and Fifth Streets and is owned by Ida Mae Wilcher.
Staff Correspondence: This garage was written as dangerous on 2/24/03 and the
notice and order to repair or remove was issued 3/4/03. On 5/1/03 the HBA
declared the garage substandard and dangerous. Ms. Wilcher was referred to
CNS for financial help.
Owner Contact: Ms. Wilcher has been in contact with the Inspection Department
and also CNS. CNS paid for the demolition permit for the garage and Ms.
Wilcher's son was to do the actual demolition. The permit was pulled 11/17/03
and expired 12/17/03. Ms. Wilcher was granted an extension on the permit until
1/31/04. There has been no contact since December when she requested an
extension.
Financial Impact: The demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $14,500 (house and garage)
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $8,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, February 24, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
267 Merrill
(GARAGE)
2124/03
Inspection noted:
1. Garage roof is collapsed.
2. Siding is rotting.
3. Door damaged - replace.
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:\WINDOWS\TEMP\267 Merrill -G.doc
DATE: February 16, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030171-Address: 346
Mason.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 346 Mason -Area 10 is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN030171 - 346 Mason.
Location and ownership: This structure is located on Mason between Sixth and
Seventh Streets and is owned by James Foster.
Staff Correspondence: This case began from a referral from the housing
inspector because of life safety issues. The house had been illegally converted
to 2 units (without permits) and the owner was given 72 hours to have electrical
repairs completed. On 6/18/03 the Director of Inspections notified James Foster
that due to the life safety issues the tenants were being removed from this rental
house. On 11 /20/03 an exterior dangerous building inspection was conducted.
A notice and order to remove or repair was issued 12/3/03. On 1/8/04 the case
was heard before the HBA and Mr. Foster was present. The structure was
declared on that date. Due to conversations with the attorney for the mortgage
company this office has verified with equalization the ownership, based on a quit
claim deed, of this property.
Owner Contact: James Foster was present at the 1/8/04 HBA meeting and stated
he wanted to save the house. He said he was buying the house back from Jason
Hancock. He was told on that date that he would need to prove ownership,
schedule an interior inspection, submit a timetable for repairs and pull necessary
permits.
Financial Impact: The demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $18,700
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $35,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, February 24, 2004.
--
r
~Q,50(\
----·
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
346 Mason
11/20/03
Inspection noted:
1. Improper and unsafe wiring.
2. Improper mechanical work.
3. Improper, unsafe, and unsanitary plumbing noted.
4. Fire Marshal posted as unsafe.
5. Improper guardrail on entry steps.
6. No handrail on interior stairs.
7. Floor joists cut out.
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 qnestions 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:\ WINDOWS\TEMP\346 Mason-Exterior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
346 Mason
2/16/04
(INTERIOR INSPECTION)
Inspection noted:
I. Entire plumbing to be replaced.
2. Water heater to be replaced.
3. Gas piping to be replaced.
4. Duct work needs to be cleaned and repaired.
5. Furnace needs to be serviced and certified safe.
6. Replace electrical to meet current Michigan Residential Code.
7. Structural damage to home as owner removed bearing wall and upper floor,
structural joists; leaving a dangerous situation without bearing support.
8. Non-compliant stairways built in home - framing of floor openings incomplete.
Structurally unstable. Headroom, rise-run, 1:,>uards, handrails, width all non-
compliant
9. Cut floor joists in the basement must be replaced to code, cut joists and basement
opening non-compliant.
I 0. Numerous framing violations, missing drywall, wall, ceiling and floor damage.
11. Smoke alarms required per code; hard wire-interconnected with batte1y back up.
12. Egress windows required per 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 F ALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\346 Mason-Interior.doc
June 18, 2003
James Foster
914 W. Grand
Muskegon, Ml 49441
Re: 346 Mason
Dear Mr. Foster:
After our conversation this morning it was apparent that you will be unable to meet the
seventy-two (72) hour deadline for making the electrical repairs. Based on that
knowledge, and coupled with the fact that the electrical system is an imminent life safety
hazard, this office has taken the steps necessary to remove the tenants from this life
threatening situation.
These steps included notification of Children's Protective Services and the termination of
all utilities. The structure is also posted for no occupancy at this time. These postings
must remain on the unsafe structure until all repairs are completed, inspected and
approved.
I have attached a copy of the violations noted by the electrical inspector. Other items
not on the list include, but are not limited to, illegal conversion to a two unit apartment
building, illegal and improper plumbing, illegal and improperly installed vent less heaters,
improper and dangerous stairwell height to the second story unit. Lack of egress
windows, and it appears all work was completed without permits or inspections.
You will receive correspondence in the near future beginning the process of declaring
the property located at 346 Mason as substandard, a public nuisance, and a dangerous
building.
If you have any questions, please contact me at 231-724-6715.
Sincerely,
Robert B. Grabinski
Director of Inspections
Cc: Rob Swiatek, Childrens Protective Services
Major Metcalf, Fire Marshal
Ken Murar, Electrical Inspector w/o attachment
CITY OF MUSKEGON INSPECTION REPORT
June 20, 2003 AT 2:39 p.m. FOR MASON 346 PAGE 1
No Cat Violation
- - - --- -----------------------------------------------=-================
l B BACK ENTRY
Trim is broken, missing or incomplete.
2 B BACK ENTRY
Wall or walls has a hole or holes or large cracks in it.
3 A BASEMENT
Handrail is missing.
4 BASEMENT
Joist is severed. Install a full length sister joist.
5 A BASEMENT
New waste lines are improperly installed without permits.
6 B BASEMENT - FURNACE
Please have your mechanical contractor fill out the enclosed
furnace inspection form. You must return this prior to your
next inspection.
7 A BASEMENT - FURNACE
Furnace needs an inspection by a mechanical contractor and
must be certified safe.
8 B BASEMENT - FURNACE
Furnace hot/cold air ducts are not connected properly.
9 BASEMENT - FURNACE AREA
Has an improperly installed line off the dirt leg of the
furnace.
10 BASEMENT - FURNACE AREA
Furnace needs to be properly grounded.
11 A BASEMENT - GENERAL
Must have hard wired smoke detector
12 A BASEMENT - LAUNDRY AREA
Has a gas line that is not capped.
13 BASEMENT - WATER HEATER
Keep vent clear of all materials.
14 BASEMENT - WINDOWS
New frames must be treated lumber.
15 B BASEMENT - WINDOWS
Has styrofoam that is exposed and must be removed or covered
with a minimum 1/2" drywall and finished.
l:6 B BATHROOM
Light fixture is broken or loose.
ll7 A BATHROOM
Light and exhaust are improper for the area.
]8 B BATHROOM
Wall covering is incomplete.
19 A BOTH APTS
New electrical throughout is improper, creating an iminent
danger to the tenants (see electricians write up).
::rn B EXTERIOR - ABOVE FRONT PORCH
Has eave boards that are rotted or missing.
2'1 B EXTERIOR - EAST SIDE
Has eave boards that are rotted or missing.
22 GARAGE.
NOTE: Area was locked and no entry was gained. Must be
accessible at next inspection.
CITY OF MUSKEGON INSPECTION REPORT
June 20, 2003 AT 2:39 p.m. FOR MASON 346 PAGE 2
No Cat Violation
--- --- ================--===========---=================================
23 A GENERAL
Windows have been reduced in size. Do not meet egress
requirements.
24 A GENERAL
Need hard wired smoke detectors.
25 GENERAL
NOTICE: The number of units in the building have illegally
increased. Approval from the Zoning Administrator must be
obtained before a certificate is issued.
26 A KITCHEN
Has an illegal unvented gas heater.
27 B KITCHEN
Wall covering is incomplete.
28 B KITCHEN - SINK WASTE
Doesn't have a trap.
29 A KITCHEN - STAIRWAY
Handrail is missing.
30 A KITCHEN - STAIRWAY
Is improperly installed - Not enough head room.
31 B KITCHEN - STAIRWAY
Light is not controlled by a 3-way switch.
32 B LAUNDRY ROOM
Guardrail is not 30'' high, When rebuilding, it must be 36"
high with balusters no further apart than 4".
33 B LOWER APT
Wall covering is incomplete.
34 B LOWER APT - BATHROOM LAVATORY
Doesn't have a trap.
35 LOWER APT - FRONT BEDROOM
Need hard wired smoke detectors.
36 B LOWER APT - FRONT ENTRY
Wall or walls has a hole or holes or large cracks in it.
37 B LOWER APT - FRONT ENTRY
Trim is broken, missing or incomplete.
38 A LOWER APT - FRONT ENTRY
Window has broken or cracked glass.
39 B LOWER APT - KITCHEN
Faucet is broken or incomplete.
40 B LOWER APT - KITCHEN - WASTE
Doesn't have a trap.
41 LOWER APT - LIVING ROOM
Has an illegal unvented gas heater.
42 LOWER APT - LIVING ROOM
Tape and mud drywall in the closet for fire protection.
43 LOWER APT - SIDE BEDROOM
Not large enough for a sleeping area (must be 7x10 ft)
44 LOWER APT - SIDE BEDROOM
Need hard wired smoke detector.
45 UPPER APT - REAR DOOR
Needs 36 inch clear entry.
END OF LIST
•
AGREEMENT
THIS AGREEMENT, made this June 8 2004 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 _ __
_ _ _ _ _ _ _-1; 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 346 Mason 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 $4298.
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: ·7;;1 /.f,,{_,,{'f S,_ <~ er Ocvl...;l....l<"","'N"'"'"-'R..,____ _ __
of the Corporation named as contractor herein;
, who signed this Agreement on behalf of the
Contractor, was then_-'ff?'---'-,-~e-s~·_ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
,,;:Jc --~(A - f\.,-0,a s.lA'.-
(CORPORATE SEAL) J-, {). h-\. ::'.),,.,J<>Z -O I '~c..., (~_ c,-. r-
Printed na'me and t1fie
ATTEST: CITY OF MUSK
-·------...,,._
0UALC- JJv,YLf.J-4.-{J/
I
City Clerk /
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, ,1())411 \Xl cse1 r- , certify that I am the _,...:'I?'--'fu.e~s;"'--d;,-..____
of the Corporation named as contractor herein;
That --✓/-J /4( .it y ~. r1gr
J
, who signed this Agreement on behalf of the
Contractor, was then~c:>~h~lv~·d=r~·--11_ _ _ _ _ of s.aid 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.
< 7
(CORPORATE SEAL) ,lJ /f}/1 S', rp2r j?,v:2£/
Printed Name and Title
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