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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 27, 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. Request to Fly the Irish Flag. CITY CLERK
c. Sale of Buildable Vacant Lot on Alva Street. PLANNING & ECONOMIC
DEVELOPMENT
d. Sale of Buildable Vacant Lot on Roberts Street. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Nonbuildable Lot at 1314 Seventh Street. PLANNING &
ECONOMIC DEVELOPMENT
f. Marketing Plan for S1 Unbuildable and Marginal Lots. PLANNING &
ECONOMIC DEVELOPMENT
g. Request for Final Planned Unit Development Approval for Phase IV of
the Park Terrace Development. PLANNING & ECONOMIC
DEVELOPMENT
h. Request for Preliminary and Final Planned Unit Development Approval
for 1204 Eighth St. (Former Boilerworks Property). PLANNING &
ECONOMIC DEVELOPMENT
i. Annual Invoice for Stormwater Phase II Compliance. PUBLIC WORKS
• PUBLIC HEARINGS:
a. Create Special Assessment District for Torrent Street. Letart Ave. to
Sherman Blvd. ENGINEERING
b. Create Special Assessment District on 2004 Sidewalk Program (E-6).
ENGINEERING
c. Create Special Assessment District for Walnut Street. Wilcox to
Thompson. ENGINEERING
d. Spreading of the Special Assessment Roll-Terrace Street, Iona to Peck.
ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. Approval of Resolution to Sell 1938 Hoyt. COMMUNITY &
NEIGHBORHOOD SERVICES
b. Grocery Board Alliance Resolution of Support. PLANNING &
ECONOMIC DEVELOPMENT
c. FIRST READING: Zoning Ordinance Amendment for Signs. PLANNING &
ECONOMIC DEVELOPMENT
d. FIRST READING: Rezoning Request for City-Owned Property Located at
the NE Corner of Getty St. and Marquette Ave. PLANNING &
ECONOMIC DEVELOPMENT
e. Rezoning Request for Property Located at 407 Marquette Ave. (SE
Corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• 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 with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLER!<, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: January 27, 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
Organizational Meeting that was held Tuesday, January 6, 2004; the
Commission Worksession that was held on Monday, January 12, 2004;
and the Regular Commission Meeting that was held on Tuesday,
January 13, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 27, 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, January 27, 2004.
Mayor Warmington opened the meeting with a prayer from Pastor Hester of the
Vineyard Christian Fellowship 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, Clara Shepherd, and Lawrence Spataro, City Manager
Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
Commissioner Stephen Gawron arrived at 5:35 p.m.
2004-09 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Organizational Meeting
that was held Tuesday, January 6, 2004; the Commission Worksession that was
held on Monday, January 12, 2004, and the Regular Commission Meeting that
was held on Tuesday, January 13, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society requests permission
to fly the Irish Flag outside City Hall on Wednesday, March 17th until Wednesday,
March 24th to celebrate St. Patrick's Day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
c. Sale of Buildable Vacant Lot on Alva Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 523
Alva St. {Parcel #24-205-022-0009-00) to Elba Perez of 1761 Watauga Ave.,
Orlando, Fl. The lot is 66 x 132 ft. and is being offered to Ms. Perez for $3,000. The
details of the home are not confirmed as of this date, but she will conform to all
standard requirements of the City-owned property policy. The True Cash Value
{TCV) for the property listed in the Assessor's office is $4,000, so our price is set at
$3,000 which is 75% of that amount.
FINANCIAL IMPACT: This sale of this lot for construction of a new home 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 the Clerk to sign said resolution and deed.
d. Sale of Buildable Vacant Lot on Roberts Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:To approve the sale of a vacant buildable lot at 333
Roberts Street {Parcel #24-613-000-077 4-00) to Galloway Homes, LLC of 570 W.
Broadway, Muskegon, Ml. The lot is 150 x 135 ft. and is being offered to
Galloway Homes for $9,000. They plan to split the lot into two 75 ft lots and
construct two 1,260 sq. ft. single-family homes. The homes will contain 3
bedrooms, a full basement, and a 2-stall attached garage. 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 IMP ACT: This sale of this lot for construction of a new home 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 the Clerk to sign said resolution and deed.
e, Sale of Nonbuildable Lot at 1314 Seventh Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
{Parcel #24-205-370-0007-00) at 1314 7th St. to Joseph Merrill, a married man,
owner of 432 Monroe Ave., Muskegon, Ml 49441. Approval of this sale will create
a buildable lot for the adjacent property owner. This lot is being offered to Mr.
Merrill for $1 under the City's Area 10, $1 lot sale policy.
FINANCIAL IMPACT: This 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 the Clerk to sign the resolution.
f. Marketing Plan for $1 Unbuildable and Marginal Lots. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: It is the desire of the City to place as many vacant
parcels back on the tax rolls as possible, while at the same time affording
property owners an opportunity to expand their current yards. In order to
facilitate this effort, the marketing plan is presented for approval.
FINANCIAL IMPACT: There would be considerable savings to the City through
reduced mowing and trash removal costs, since these lots would then be the
responsibility of the new property owners.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
g. Request for Final Planned Unit Development Approval for Phase IV of
the Park Terrace Development. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase IV of the Planned
Unit Development and associated site, and landscape plans for the Park
Terrace Development, for 12 condominium units. The request is from Ruddiman
Associates.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final PUD approval for Phase IV
and approval of the associated plans provided that the conditions listed in the
resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final
approval of Phase IV of the PUD and associated plans, with the conditions listed
on the resolution, at their regular meeting on l /15. The vote was unanimous.
i. Annual Invoice for Stormwater Phase II Compliance. PUBLIC WORKS
SUMMARY OF REQUEST: The Muskegon Area Municipal Storm Water Committee
is asking for a commitment to Muskegon's share of the 2004 Stormwater Phase II
compliance program. Our expense is $10,856. This is to pay for professional
services to develop a public education plan, public participation plan and
watershed management plans for this consortium of municipalities.
FINANCIAL IMPACT: $15,000 is allocated for "Contractual Services" in the
Stormwater Management Budget of the General Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this commitment.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item h.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-10 ITEMS REMOVED FROM THE CONSENT AGENDA:
h. Request for Preliminary and Final Planned Unit Development Approval
for 1204 Eighth St. (Former Boilerworks Property). PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary and final Planned Unit
Development approval for 1204 Eight St. (former Boilerworks property), for a
mixed-use multi-family residential development for artists, with associated gallery
space. The request is from Muskegon Construction Co.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD
and final approval of the PUD and associated site plan, provided that the
conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
preliminary approval of the PUD and final approval of the PUD and associated
site plan, with the conditions listed on the resolution, at their 1/15 meeting. The
vote was unanimous.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
preliminary approval of the PUD and final approval of the PUD and associated
site plan, with the conditions listed on the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: Davis
MOTION PASSES
2004-11 PUBLIC HEARINGS:
a. Create Special Assessment District for Torrent Street. Letart Ave. to
Sherman Blvd. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Torrent St., Letart Ave., to Sherman Blvd., 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
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 6:00 p.m. to hear and consider any comments
from the public. No comments were heard from the public.
Motion by Vice Mayor Larson, seconded by Commissioner Shepherd to close
the Public Hearing at 6:01 p.m. and create the special assessment district for
Torrent Street, Letart Avenue to Sherman Blvd.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
b. Create Special Assessment District on 2004 Sidewalk Program {E-6).
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment district of the project and to create a special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project. The district will not include those who complete the
work under a permit before June 1st, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the project for special assessment,
create a special assessment district for the project and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:02 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from Amy Buckner, 1060
Albert and Fletcher Fowler, 1116 Marquette.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:09 p.m. and create the special assessment district for the
2004 Sidewalk Program.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
c. Create Special Assessment District for Walnut Street, Wilcox to
Thompson. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Walnut St., Wilcox to Thompson 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
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: 11 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Vice Mayor Larson to close the
Public Hearing at 6:13 p.m. and create the special assessment district for Walnut
Street, Wilcox to Thompson.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
d. Spreading of the Special Assessment Roll-Terrace Street. Iona to Peck.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Terrace St., Iona to Peck, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $77,877.51 would be spread against the twenty
three (23) parcels abutting the project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 6:14 p.m. to hear and consider any comments
from the public. No comments were heard from the public.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 6:15 p.m. and approve the spreading of the special
assessment roll for Terrace Street, Iona to Peck.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
2004-12 CITY MANAGER'S REPORT:
a. Lakeshore Basketball. CITY MANAGER
Motion by Commissioner Shepherd, second by Vice Mayor Larson to endorse
the contract between Lakeshore Basketball and the L.C. Walker Arena.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2004-13 NEW BUSINESS:
a. Approval of Resolution to Sell 1938 Hoyt. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the transaction between
Ms. Shawntaine Watson and the City of Muskegon for the purchase of the newly
constructed home at 1938 Hoyt for the purchase price of $107,500 with a subsidy
of $26,000.
The CNS office obtained the property at 1938 Hoyt through a donation from the
previous owner. After gaining ownership of the property the CNS office
demolished the original structure that had been severely damaged in a fire.
Twenty feet of the original parcel was sold to each adjoining neighbor before
construction on the new house was begun.
FINANCIAL IMPACT: The HOME fund will receive approximately $78,000 of
program income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the Mayor and
Clerk to sign the quitclaim for the sale of the property.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved
the project.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the resolution to sell 1938 Hoyt Street.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
b. Grocery Board Alliance Resolution of Support. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Grocery Board is aware that in order to successfully
locate a grocery in the downtown it is necessary to have the support of the City
Commisison. The Grocery Board is also aware of budget constraints at the City
at this time and is not requesting monetary support from the City. They do,
however, at this time request staff and in kind support to the Grocery Board as
they continue in their efforts to bring a grocery store to the downtown.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize both the
Mayor and Clerk to sign the said resolution.
Motion by Commissioner Shepherd, second by Commissioner Spataro to adopt
the Grocery Board Alliance resolution of support.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
c. FIRST READING: Zoning Ordinance Amendment for Signs. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXII
(General Provisions) of the City's Zoning Ordinance in order to change the
regulations regarding nonconforming signs, signs for multi-suite buildings, signs for
buildings on corner lots and signs for waterfront properties.
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.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their l /15 meeting. The vote was unanimous with T.
Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
zoning ordinance amendment for signs.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
d. FIRST READING: Rezoning Request for City-Owned Property Located at
the NE Corner of Getty St. and Marquette Ave. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by the City, located
at the NE corner of Getty St. and Marquette Ave., from RM-1, Low Density
Multiple-Family Residential, B-1, Limited Business and OSC, Open Space
Conservation to entirely R-1, Single-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 12/11 meeting. The vote was unanimous.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the rezoning request for city-owned property located at the NE corner
of Getty Street and Marquette Avenue to entirely R-1, single-family residential.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
e. Rezoning Request for Property Located at 407 Marquette Ave. (SE
Corner of Marquette Ave. and Wood St.}. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 407 Marquette
Ave., at the SE corner of Marquette Ave., and Wood ST., from R-1, Single-Family
Residential to B-1, Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their l /15 meeting. L. Spataro, J. Aslakson, T. Johnson, and P. Sartorius
voted for denial; T. Michalski and B. Smith voted against denial; B. Mazade and
S. Warmington abstained, and T. Harryman was absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to deny the
rezoning request for property located at 407 Marquette Avenue from R-1, single-
family residential to B-1, limited business.
ROLL VOTE: Ayes: Shepherd, Spataro, Gawron
Nays: Warmington, Carter, Davis, Larson
MOTION FAILS
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
rezoning request for property located at 407 Marquette Avenue from R-1, single-
family residential to B-1, limited business.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Larson
Nays: Spataro, Gawron, Shepherd
MOTION PASSES (Requires second reading)
2004-14 ANY OTHER BUSINESS:
Commissioner Spataro commented on Boilerworks. This will be on the next
Worksession.
2004-15 PUBLIC PARTICIPATION:
Various comments were heard from the public.
Motion by Commissioner Spataro, second by Vice Mayor Larson to adjourn the
City Commission Meeting at 7:08 p.m.
VOTE: All Yeas
Respectfully submitted
LD~~
Gail A. Kundinger, MMC
City Clerk
MINUTES
CITY OF MUSKEGON
ORGANIZATIONAL MEETING
JANUARY 6, 2004
CITY COMMISSION CHAMBERS
CITY HALL - 5:30 P.M.
The meeting was called to order by Mayor Warmington at 5:32 p.m. Also present
were Commissioners Carter, Davis, Gawron, Larson, Shepherd and Spataro.
1. Prayer was given by Commissioner Shepherd. Pledge of Allegiance was led
by the City Commissioners.
2. Oath of Office Ceremony. Judge Mullally gave the oath of office to the newly
elected Ward Commissioners.
3. Election of Vice Mayor. Motion by Shepherd, seconded by Carter, to appoint
Commissioner Bill Larson as Vice Mayor.
VOTE: 7 Yeas O Nays Carried
4. Setting Commission Meetings for 2004. Motion by Spataro, seconded by
Larson to adopt the schedule for City Commission meetings for 2004.
VOTE: 7 Yeas O Nays Carried
5. Setting City Commission Worksession Meetings for 2004. Motion by
Gawron, seconded by Davis, to adopt the schedule for Worksession
meetings for 2004.
VOTE: 7 Yeas O Nays Carried
6. Appointment of City Manager: Bryon L. Mazade
Motion by Larson, seconded by Gawron, to appoint Bryon L. Mazade as City
Manager.
VOTE: 7 Yeas O Nays Carried
7. Appointment of City Clerk: Gail A. Kundinger
Motion by Shepherd, seconded by Spataro, to appoint Gail A. Kundinger as
City Clerk.
VOTE: 7 Yeas O Nays Carried
8. Appointment of City Treasurer: Derrick Smith.
Motion by Carter, seconded by Larson, to appoint Derrick Smith as City
Treasurer.
VOTE: 7 Yeas O Nays Carried
9. Appointment of City Auditor: Timothy Paul.
Motion by Shepherd, seconded by Spataro, to appoint Timothy Paul as City
Auditor.
VOTE: 7 Yeas O Nays Carried
10. Appointment of City Assessor and Deputy Assessor:
City Assessor: Cliff Turner
Deputy Assessor: Larry Millard
Motion by Spataro, seconded by Carter to appoint Cliff Turner as City
Assessor and Larry Millard as Deputy City Assessor.
VOTE: 7 Yeas O Nays Carried
11. Designation of City Fund Depositories.
Motion by Larson, seconded by Spataro, to designate Comerica Bank,
National City, Fifth-Third Bank, Huntingon Bank, and Community Shores
Bank as the official depositories of the City funds.
VOTE: 7 Yeas O Nays Carried
12. Designation of Firm to act as Legal Counsel: Parmenter-O'Toole.
Motion by Spataro, seconded by Shepherd, to appoint the firm of Parmenter-
O'Toole as Legal Counsel.
VOTE: 7 Yeas O Nays Carried
13. New Business:
14. Adjournment. Motion by Shepherd, seconded by Spataro, to adjourn the
meeting at 5:58 p.m.
Respectfully submitted,
~~a_Ld-r
Gail A. Kundinger, MMC
City Clerk
CITY OF MUSKEGON
City Commission Worksession
January 12, 2004
MINUTES
Meeting was called to order at 5:32 p.m.
Present: Mayor Warmington, Vice Mayor Larson, Commissioner Davis, Carter, Spataro,
Gawron, and Shepherd
Absent: None
1. Presentation from Boiler Works Developers.
Presentation was made by Gary Post and Mike Jacobson.
2. Report on Cool Cities.
Cathy Brubaker-Clarke and John VanWyck explained the item. Resolution will
be prepared for the Tuesday, January I 3u, City Commission Meeting.
Motion by Commissioner Spataro, second by Vice Mayor Larson to have a
resolution prepared in favor of application.
VOTE: Ayes: 7 Nays: 0
3. Marketing Plan for sale of$ I lots.
Lonna Anguilm and Brian Lazor explained the item.
4. Nugent Sand discussion
Discussion was held. Comments were heard from the public. Resolution will be
prepared for the Tuesday, January 13tl, City Commission Meeting.
Motion by Commissioner Spataro, second by Commissioner Shepherd to have a
resolution prepared in opposition of the pipeline through the dunes.
VOTE: Ayes: 7 Nays: 0
5. Liquor license renewal fees review.
It was recommended that liquor license renewal fees stay the same and business
registration fees increase from $25 to $30.
6. Any other business.
Commissioner Shepherd gave an overview of the National League of Cities
7. Adjournment.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: January 27, 2004
To: Honorable Mayor and City Commissioners
from: Gail Kundinger, City Clerk
RE: Request to fly the Irish Flag
SUMMARY OF REQUEST: The Muskegon Irish American Society
requests ~ermission to fly the Irish Flag outside City Hall on Wednesday,
March 17 h until Wednesday, March 24 th to celebrate St. Patrick's Day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
AECEtVED
'JAN 12 7nq4
January 10, 2004
Cl Clerks Office
Linda Potter, Deputy City Clerk
City of Muskegon
933 Terrace Street
Muskegon MI 49443
Dear Ms. Potter,
The Muskegon Irish American Society is submitting its request to fly the Irish Flag on
Wednesday, March 17, 2004 to celebrate St. Patrick' s Day. The Irish population ofMuskegon
enjoys seeing the flag displayed in conjunction with other St. Patrick's Day celebrations.
The flag measures 3' X 5' and consists of3 stripes, green, white and orange.
The officers of the Muskegon Irish American Society are:
President- Kevin Donovan, 1086 Ireland, Muskegon MI 49441
Vice President- Kathleen Marek, 2504 Letart, Muskegon MI 49441
Treasurer- Kevin Donovan, 1086 Ireland, Muskegon MI 49441
Secretary- Jeanne O'Brien, 8985 Lakeshore, West Olive MI 49460
Program Chairperson- Mary Anne Gorman, 3475 Lake Dunes Drive, Muskegon MI 49456
We request that the flag be flown from Wednesday, March 17th until Wednesday March 24th in
front of City Hall.
Our organization is a non-profit social organization.
I am the contact person who will be responsible for the flag's condition and presentation. We
would like to gather at 12:15 p.m. on March 17th to raise the flag. The entire activity takes
approximately 10 to 15 minutes. Please inform me if the above request is granted. We appreciate
the past cooperation of the City of Muskegon.
Sincerely,
Kevin Donovan, President
Muskegon Irish American Society
Phone: 231-722-4237
1086 Ireland
Muskegon MI 49441
January 29, 2004
Kevin Donovan, President
Muskegon Irish American Society
1086 Ireland
Muskegon,MI 49441
Dear Mr. Donovan:
The City Commission approved your request to fly the Irish Flag at City Hall at
their January 27, 2004, City Commission Meeting.
If you have any questions, please call me at 724-6915.
Thank you,
Linda Potter, CMC
Deputy Clerk
Commission Meeting Date: January 27, 2004
Date: January 9, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot on Alva Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 523 Alva Street (Parcel #24-205-022-0009-
00) to Elba Perez of 1761 Watauga Avenue, Orlando, FL. The lot is 66 x 132 ft. and is being
offered to Ms. Perez for $3,000. The details of the home are not confirmed as of this date,
but she will conform to all standard requirements of the City-owned property policy. The
True Cash Value (TCV) for the property listed in the Assessor's office is $4,000, so our price
is set at $3,000 which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home 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:
119104
Resolution No. 2004-09 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 523 ALVA STREET
IN JACKSON HILL NEIGHBORHOOD FOR $3,000.
WHEREAS, Elba Perez. has placed a $400 deposit for the parcel designated as parcel number
24-205-022-0009-00, located at 523 Alva Street; and
WHEREAS, the price for parcel number 24-205-022-0009-00 is set by the City at $3,000, 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 24-205-022-0009-00, located at
523 Alva Street be sold to Elba Perez for $3,000.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 22
Adopted this 27thday of January, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent None
Gail Kundinger,
City Clerk
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 January27, 2004. . / •
By: &.l ~
Gail Kundinger,
City 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 ELBA PEREZ, a single woman, and ANDDY CARMONA, a single man, of 1761 Watauga
Avenue, Apartment 105, Orlando, Florida 34812,
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 9, BLOCK 22
for the sum of Three Thousand and no/IO0 Dollars ($3,000)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (I 8) months after the date hereof. In default of such construction, title to
the premises 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
construction" means: (I) issuance of a residential building permit 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 of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (I) single family home, and it 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 of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this diL day of fe, bf'l,f q fl' , 2004.
Signed in the presence of:
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Mayor
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this d11ce
day of &hc«at;JL ,
2004, by STEPHEN J. WARMfNGTON and GAIL A. KUNDfNGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier L,';i .i;. ot rr r , Notary Public
Parmenter OToole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: P·-2 s·-o 6
Muskegon, MI 49443-0786
Telephone: 231/722-162 l
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made
·, ,...,
v O.huqr'( c.,L 7 , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, %.,ith offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and ELBA PEREZ, a single woman, and ANDDY CARMONA,
a single man, of I 761 Watauga Avenue, Apartment I 05, Orlando, Florida 34812 ("Buyer").
l. 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 9, BLOCK 22
Subject to the reservations, restrictions and easements of record, 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 Three Thousand and no/I 00 Dollars ($3,000).
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 (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 the each lot of the premises 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 home and driveway. The home shall be substantially completed within
C:\DOCUME-1\anguitm\LOCALS-1\Temp\BC6480.doc
eighteen (18) months and, in the event said substantial completion has not occuned, 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 FOR A
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 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 b e f o r e - - - - - - - ~
2004 ("Closing"). The Closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ __
Muskegon, MI ____ . If necessary, the parties shall execute an IRS closing report at the
Closing.
C: \DOC UM E~ 1\angui!m\L OCALS~ 1\Temp\BC6480. doc
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
1I. 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: \DOCUM E-1 \anguilrn\l OCALS-1\Temp\BC6480. 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:
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BUYER: .g
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Elba P rez
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Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MI 49440
Phone: (23 I) 722-1621
C:\DOC UM E-1 \angu itm\L OCALS-1 \Temp\BC64 80. doc
AFFIDAVIT OF TITLE
Title Commitment# 432403
STATE OF MICHIGAN
COUNTY OF Muskegon
lss
)
That City of Muskegon being first duly sworn on oath says that they are the true and
lawful owner(s) of the premises located at:
523 Alva
Muskegon, Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as - a purchase agreement, 1ease, 1and contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon
Subscribed and sworn to, before me a Notary Public, this 29th day of April, 2004
1= / /Lot.1" 7da__cr/--Jo11k
Notary Public - - - - - - - - County
MELINDA K PRAUSE . . My Commission Expires:
Nolary Public. Muskag,., counl'/, Mmhl;an
Actlno in Mu,~on county
MY CommlSBIOn Explra, 05/08/07
SURVEY WAIVER
Date: April 29, 2004
RE: 432403
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 523 Alva
Muskegon, MI 494430536 Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and, its employees and/or agents, from any
responsibility and/or liability concerning or pertaining to survey matters, including, but
not limited to size of lot or land, location of boundary line, location of building and
encroachments.
SELLER(S):
City of Muskegon
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: April 29, 2004,
Office of Phone REALTOR, MUSKEGON, MI
I. Addendum to Buy Sell Agreement dated covering property at 523 Alva, Muskegon,
Michigan 49442 and legally described as:
Lot 9, Block 22 of the Revised Plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71, Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
The complete legal description is stated above. Closing date to be April 29,
2004.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this
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4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
!mlf1LcfL1via
ness ~/2wuk City of Muskegon
LANDAMERICA TRANSNATION TITLE INSURANCE
570 Seminole Road
Muskegon MI 49444
Date: April 29, 2004
Escrow Number: 432403
Property Address: 523 Alva
Muskegon, Michigan 49442
S E LLER'S STATEMENT
DEBIT CREDIT
Purchase Price I$ I$ 3,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400.00 I
CLOS ING FEES I 100.00 I
OWNERS PREMIUM I 190.00 I
Real Estate Corrmission I I
Sub Total 1$ 690.00 I$ 3,000.00
Amount due Seller 1$ 2,310.00 I
TOTALS 1$ 3,000.00 I$ 3,000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
City of Muskegon
BY _ _ _ _ _ _ _ _ _ _ _ _ _ __
Lonna Anguilm, Assistant Planner
FILE# 432403
DATE: April 29th 2004
PROPERTY ADDRESS: 523 Alva
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
v e check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER(S):
City of Muskegon
Commission Meeting Date: January 27, 2004
Date: January 9, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot on Roberts Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 333 Roberts Street (Parcel #24-613-000-
0774-00) to Galloway Homes, L.L.C., of 570 W. Broadway, Muskegon, Ml. The lot is 150 x
135 ft. and is being offered to Galloway Homes for $9,000. They plan to split the lot into two
75 ft. lots and construct two 1,260 sq. ft. single-family home. The homes will contain 3
bedrooms, a full basement, and a 2-stall attached garage. 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 a new home 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:
1/9/04
Resolution No. 2004-09 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 333 ROBERTS
STREET IN MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, Galloway Homes, L.L.C. has placed a $400 deposit for the parcel designated as
parcel number 24-613-000-0774-00, located at 333 Roberts Street; and
WHEREAS, the price for parcel number 24-613-000-0774-00 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 24-613-000-0774-00, located at
333 Robe1ts Street be sold to Galloway Homes, L.L.C. for $9,000.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4, LOTS 774 & 775
Adopted this 27th day of January, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent None
CERTIFI CATION
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 January 27, 2004.
By: --+'
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Gail Kundinger, Jvm1C
City Clerk
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QUfT-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 GALLOWAY HOMES, LLC, a Michigan Limited Liability Company, of570 Broadway
Avenue, Muskegon, Michigan 49444,
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. 4, Lots 774 and 775
for the sum of Nine Thousand and no/I 00 Dollars ($9,000)
PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall
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 construction" means: (I) issuance ofa residential building
permit 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 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 it 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 of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this dnJ_ day of hb ttl q ,7I" IL , 2004.
Signed in the presence of:
:l"o A'()"' l<rv K• w 6 IL ,
%~0,firtt&
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,2/lli day of &bcaCl;!? ,
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.
,~aidA ~ . /!,tfl/L,
PREPARED BY: John C. Schrier L;htfa
.S. ~ t f r r ,NotaryPublic
Parmenter O'Toole Muskegon County, Michigan
175 W. AppleAvenue/P.O. Box 786 My Comm. Expires: ? -,.) ,5--0?
Muskegon, MI 49443-0786
Telephone: 23 l/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made '36.u 0"'-.0'-~ 2-3 , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, wih offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and GALLOWAY HOMES, LLC, a Michigan Limited Liability
Company, of570 Broadway Avenue, Muskegon, Michigan 49444 ("Buyer").
1. 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. 4, LOTS 774 AND 775
Subject to the reservations, restrictions and easements of record, 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 Nine Thousand and no/100 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 (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 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
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
home and driveway. The home shall be substantially completed within eighteen (18) months
C:\DOCUME-1 \anguilm\LOCALS~1\Temp\BC6430.DOC
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 FOR A
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 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 \c \o o1·~
t(
2004 ("Closing"). The Closing shall be conducted at'T t'c'.\uJS tv"'-.. \-1'0 ,.J · I ( --<L
Muskegon, MI . If necessary, the parties shall execute an IRS closing report at the
Closing.
C:\DOCUME-1\anguilm\LOCALS~1\Temp\BC6430.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\angu!lm\LOCALS-1\Temp\BC6430.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:
BUYER:
Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MI49440
Phone: (231) 722-1621
C:\DOCUME-1\anguitm\LOCALS-1\Temp\BC6430.00C
LANDAMERICA TRANSNATION TITLE INSURANCE
570 Seminole Road
Muskegon MI 49444
Date: february 3, 2004
Escrow Number: 432402
Property Address: 333 Roberts
Muskegon, Michigan 49442
SELLER , s STATEMENT
DEBIT CREDIT
Purchase Price I• I• 9,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400.00 I
CLOSING FEES I 100.00 I
O\.JNERS PREMIUM I 190,00 I
Real Estate COlllTlission I I
Sub Total I• 690.00 I• 9,000.00
Amount due Setler $ 8 310.00
TOTALS $ 9 000.00 $ 9 000.00
******.,,**********************************************************************************************"****************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
The City of Muskegon, a Municipal
Cori_io~_ati~, , ('
BY
~,.)
... /·-y, .( ?'I ///')
1 ( (: .,,.
.
Lonna Angui lm, AssistanJ Planner
C
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 GALLOWAY HOMES, LLC, a Michigan Limited Liability Company, of 570 Broadway
Avenue, Muskegon, Michigan 49444,
the following described premises situated in the City of rytuskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4, Lots 774 and 775
for the sum of Nine Thousand and no/l 00 Dollars ($9,000)
PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall
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 construction" means: (I) issuance ofa residential building
permit 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 property of Grnntor. Provided, further, that Grantee covenants that
the parcel described above shall be improved with one ( I) single family home on each lot, and it shall be owner~
occupied for live (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 of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ~~,,,,,.~-~,
.dn_J_ day of __&_/u_t1qt"y'. 2004.
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,.J,uf day of Fe,hc,,1a ~st-. ~.•
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk:respectively, of
tl,e c1·ry OF MUSKEGON, a municipal corporation, on behalf of the City.
,---/,,.;, ,JJA .), • _A'_uu,.tli/L,,_,,.._____
PREPARED BY: John C. Schrier ~~r'r , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 'l ·,i i)--o?
Muskegon, Ml 49443-0786
Telephone: 231/722~1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME-1\anguilm\LOCALS~11Templ8C6430.DOC
AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 432402
}SS
COUNTY OF Muskegon }
That The City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
333 Roberts
Muskegon, Michigan 49442
AND
I. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
The City of Muskegon, a Municipal
Corporation
... "' / , ,,
...•·;) (
BY_J}o, c_f..,L~ '',
Lohn a· Ang~ As·-j-<,\~s~t~an-t~P"'l_a_n-ne_r___
•/
Subscribed and sworn to, before me a Notary Public, this 3rd day of
MELINDA K. PRAUSE
Notary Public, Muskegon County, Michigan Notary Public ________ County
My commission Expires 05/08/07
My Commission Expires:
SURVEY 1-/AIVER
Date: February 3, 2004
RE: 432402
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 333 Roberts
Muskegon, MI 494430536 Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and, its employees and/or agents, from any
responsibility and/or liability concerning or pertaining to survey matters, including, but
not limited to size of lot or land, location of boundary line, location of building and
encroachments,
PURCHASER(S): SELLER(S):
Galloway Hanis, L.L,C., The City of Muskegon, a Municipal
a Mich;igan ,l imi1Jo"Li )' ity C1/y Corporation
f~~a~•Y.1J~~::Y // //
BY
' ·,)i" )' '·< \__ .L'->c
i' k - '.
Lonna Anguilm, Assi tant Planner
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: February 3, 2004,
Office of Phone REALTOR, MUSKEGON, MI
I. Addendum to Buy Sell Agreement dated covering property at 333 Roberts, Muskegon,
Michigan 49442 and legally described as:
Lot 774 and Lot 775, Muskegon Urban Renewal Plat No. 4, as recorded in Liber 19
of Plats, Pages 19 through 22, inclusive, Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
The complete legal description is stated above. Closing date to be February 3,
2004.
3. RECEIPT IS ACKNOf/L DGED BY BUYER of a copy of this Agreement.
Member
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
( J)l d d uix~ .}6_{)( u,k,
~'11ness
The City of Muskegon, a Municipal
Corporation
·- --. /!
·- f /' ") •
,,),· "- I l' I \_
BY . '"--- , w' -
Lonna Anguilm, Assis ant P anner
FILE ff 432402
DATE: February 3rd 2004
PROPERTY ADDRESS, 333 Roberts
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form {Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following,
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER (S),
The City of Muskegon, a Municipal
Corporation
Commission Meeting Date: January 27, 2004
Date: January 20, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development e.,(l,c
RE: Sale of Non-buildable Lot at 1314 7th Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-370-0007-00) at
1314 yth Street to Joseph Merrill, a married man, owner of 432 Monroe Ave, Muskegon,
Ml 49441. Approval of this sale will create a buildable lot for the adjacent property
owner (see attached map). This lot is being offered to Mr. Merrill for $1 under the City's
Area 1O $1 lot sale policy.
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:
1/20/2004
N
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CITY OF MUSKEGON
RESOLUTION #2004- 09(e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Joseph Merrill, a MmTied Man, 432
Monroe Ave, Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent
11
to his property at 1314 i Street (parcel #24-205-370-0007-00);
WHEREAS, this lot is not considered buildable 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 Area IO $1 lot program;
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 N 47 FT LOT 7 BLK 370 be sold to Joseph Merrill, a Married Man for $1.
Resolution adopted this 27th day of January, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 27, 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
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 CLAIM to JOSEPH MERRILL, a married man, of 467 West Shelby Road, Shelby, Michigan 49455,
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, NORTH 47 FEET OF LOT 7, BLOCK 370
(COMMON ADDRESS: 1314 SEVENTH 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 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 of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of &6awf:,V , 2004.
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this din£
day of [e,/21"« a 'l,f/ ,
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
dmda))
~L-1w·o,.d~a~~=-~!l~,~t~f__,_r~r--,--__ , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: '2 · ,.:).:;,- -u?,
Muskegon, Ml 49443-0786
Telephone: 23 i/722• l 621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: January 27, 2004
Date: January 15, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development LJ(i)L,
RE: Marketing Plan for $1 Unbuildable and Marginal Lots
SUMMARY OF REQUEST:
It is the desire of the City to place as many vacant parcels back on the tax rolls as
possible, while at the same time affording property owners an opportunity to expand
their current yards. In order to facilitate this effort, the attached marketing plan is
presented for approval.
FINANCIAL IMPACT:
There would be considerable savings to the City through reduced mowing and trash
removal costs, since these lots would then be the responsibility of the new property
owners.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and authorize the Mayor and Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
1/15/2004
1/04
City of Muskegon
Marketing Plan for sale of City-Owned Non-Buildable and Marginal Residential Property
Objective
The City of Muskegon (the City) wishes to expand its residential tax base while simultaneously
alleviating itself of the significant cost burden associated with year-round maintenance of vacant
lots. The City reserves the right to join and split lots to assist with this process. All prope1ty will
be sold as is. All sales are subject to City Commission approval.
The City Commission has initiated a Blight Fight in certain target areas of the city. Vacant non-
bnildable and marginal lots have a high maintenance cost for the City. These lots will be
marketed to the adjacent prope1ty owner(s); neighborhood organization, or valid non-profit
agencies to expand/improve or beautify existing property, for$ I plus the cost of registering the
deed($14).
Target Area
All 11011-buildable and marginal lots will have a set price of $1. The initial marketing target areas
for the sale of non-buildable and marginal city-owned prope1ty will be Areas; 10, 1Ob 11, 11 b,
and 12 which correlate to the City Commission/Planning Commission rezoning efforts.
Once the target areas have been sufficiently completed, marketing of the lots will be carried out
on the remaining city-owned 11011-buildable and marginal lots.
The City Planning Depmtment will actively market these properties in the targeted areas, as time
allows, by sending letters to adjacent property owners
Once property owners have had the chance to purchase the property, neighborhood
organizations, non-profits, and churches may have the opportunity to purchase the lots for
community gardens, parks, or other approved uses that help to beautify the neighborhood.
Dollar Lots Sale Factors
1. Homeowners are given purchase preference.
2. The lot will be sold to the interested party with the smallest lot or nonconforming lot.
3. Any sale may be refused if the pmty does not properly maintain their existing prope1ty.
4. Any sale may be refused if the pmty owes back-taxes or has outstanding water bills.
5. The property shall comply with the standards of the zoning ordinance.
6. Once the lot is purchased, it must be combined in the assessor's office under one parcel
number with the buyer's adjacent prope1ty unless it is sold to a non-neighboring property
owner for use as a community garden, pm·k, or other approved use that helps to beautify
the neighborhood.
7. It will be indicated on letters to adjacent owners that if they choose not to respond or buy
the property that it may be offered to an outside group.
S :\Planning\COMMON\Property\Policy and Procedures\ 1$Marketing Strategy .doc
RESOLUTION# 2004-09(f)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE MARKETING PLAN FOR SALE OF CITY-
OWNED NON-BUILDABLE AND MARGINAL RESIDENTIAL PROPERTY
WHEREAS, publicly owned, non-buildable and marginal lots are a City maintenance
liability; and
WHEREAS, said non-buildable and marginal lots can add to the quality of life for City
residents adjacent to them, if they are merged with their prope1iy or to the neighborhood,
if used for beautification; and
WHEREAS, the City wishes to get non-buildable and marginal public lots into private
ownership;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission hereby approved
the "Marketing Plan for Sale of City-Owned Non-Buildable and Marginal Residential
Property".
Adopted this 27th day of January, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: None
CERTIFICATE
I hereby ce1tify 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 January 27, 2004. /
JJ~D -~ g;J
Gail A. Kundinger, MMC
Clerk
Commission Meeting Date: January 27, 2004
Date: January 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C(3 C
RE: Request for final Planned Unit Development approval for
Phase IV of the Park Terrace Development
SUMMARY OF REQUEST:
Request for final approval for Phase IV of the Planned Unit Development and
associated site, and landscape plans for the Park Terrace Development, for 12
condominium units. The request is from Ruddiman Associates.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends final PUD approval for Phase IV and approval of the associated
plans provided that the conditions listed in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended final approval of Phase IV of the PUD and
associated plans, with the conditions listed on the attached resolution, at their regular
meeting on 1/15. The vote was unanimous.
1/16/2004
City of Muskegon "
Planning Commission w~,
Case # 2004-02 $
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= Notice Area
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~
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OSR
=low Densily Muitip:!e-Family Residential
=Open Space Recreation
2~ OSC = Open Space C.onservation
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Januruy 15, 2004
Hearing; Case 2004-2: Request for final Planned Unit Development approval for Phase IV
(condominiums) of the Park Terrace development at Hackley Ave. and Rosewood Lu., by
Ruddiman Associates.
BACKGROUND
Applicant: Ruddiman Associates
Request: Final PUD approval for Phase IV of the Park Terrace development
Present Land Use: Vacant
Zoning: RM-I, Low Density Multiple-Frunily Residential
STAFF OBSERVATIONS
I. The subject property is part of the Park Te1rnce Development (former Hacldey Glen site, on
Hacldey Ave., west ofBru-clay St.), which has an approved preliminary PUD for the entire
former Hacldey Glen property. Phases I and II of the project have already received final PUD
ru1d site plan approval and have been constructed. Phase III is not being developed at this
time. This request is for final PUD and site plan approval for Phase IV.
2. Phase IV is located on the western edge of the development, along the west side of Rosewood
Ln. This phase consists of 12 condominium units, to be constrncted as duplexes. Each unit
will have an attached garage and driveway, providing the minimum of2 parking spaces
required. The ru·ea encompassed by Phase IV also contains a stmmwater detention basin.
3. Staff has reviewed the submitted fmal site plan and has the following comments:
a. The site plan shows six buildings containing a total of 12 condominium units. Each unit
fronts on Rosewood Ln. with a private driveway. The site plan is very thorough and
includes a great amount of detail about the site. Staff is not aware of any information
which is missing from the plans.
b. The units are intended to have basements with daylight windows on the rear. In order to
facilitate this, the site will be graded to direct stmmwater away from the building
foundations and footing drains are also proposed for all buildings. The stmmwater is
proposed to be directed to the north and drained into catch basins for the City's stmm
sewer system.
c. There are a great deal of existing trees on this site - all of which have been noted on the
first sheet of the site plan. The landscape plan shows that most of these trees are proposed
to be removed but that many new trees will be planted as prui of the new development.
Staff has indicated to the applicant that the Zoning Ordinru1ce requires that as many
existing trees as practical be saved.
d. Most of the trees near Rosewood St. appear to be preserved on the landscape plan. Of the
remaining trees on the site, most appear to be removed for the development. One oak to
the rear of the property, and two evergreens near Hacldey Ave. are shown as to be
retained. The developer has stated that in order to grade the rear yard area for the daylight
windows in the basement, almost all of the existing trees need to be removed in the rear
yards.
e. Staff feels that there is a possibility that additional existing trees could be saved if the
buildings were to be shifted somewhat. However, the landscape plan does show that
additional new trees are being proposed to replace the trees (outside of the building
footprints) that are proposed for removal, on a 2 for I ratio (as required by the ordinance).
f. The landscape plan meets ordinance requirements and also provides a landscape buffer
between this development and the existing Glenside Estates townhouses (which are being
converted to condominiums). Although the ordinance does not require any screening or
buffer between two multi-family developments, there is no prohibition against it.
g. The site plan shows a 40-foot setback from Hackley Ave. to the nearest building. This
more than meets the front setback requirement of 20 feet. The property is on a corner, and
all buildings are shown to have a minimum I 0-foot setback from the property line on
Rosewood Ln. This is below the minimum requirement of 15 feet. The property line is
somewhat far back from the edge of the curb however, which gives the buildings a 26.5-
foot setback from the edge of the road. As this development is a PUD, the Planning
Commission does have some leeway and flexibility to relax setback requirements if
desired. The proposed side and rear setbacks for all buildings meet ordinance
requirements. The buildings are shown as 20 feet apart, which provides a greater distance
than what would be required if these were duplexes on separate lots.
h. The Engineering Dept. has reviewed the site plan (conunents received 1/5) and has the
following conunents:
i) Need to see the grade for the proposed storm sewer system.
ii) An easement agreement for the existing storm sewer on the site needs to be prepared,
signed and recorded. The st01m sewer easement descriptions that are shown on the
drawings need an easement drawing showing the bearing on a separate sheet.
1. The Fire Marshal has reviewed the site plan (conunents received 1/5) and has the
following conunent, "All hydrm1ts for this phase will be new and meet the spacing
requirements of the International Fire Code and MFP Fire Marshal's Office (] hydrilllt per
300 feet)."
J. The Department of Public Works has reviewed the site plan (comments received 1/8) illld
has no outstanding issues with it.
k. The Police Depmiment has reviewed the site plan (conunents received 1/5) illld has no
outstlllding issues with it.
4. The site plill1 shows one free-standing sign at the comer of Rosewood Ln. and Hackley Ave.
The ordinance states, "Entranceway monument signs are permitted.for residential
developments ofup to twelve (12) square feet. One sign for each major public roadfi·ontage
may be provided Signs shall not exceed eightfeet in height." The proposed sign will require
a permit and will need to meet these requirements. The site plm1 shows that the sign has been
placed out of the 25-foot triangle of vision at the corner, so no clear vision issues should occur.
5. Staff has not received any phone calls or letters regarding this case.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses m1d stt·uctures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking m·eas, stt·eets, roads and alleys
c. screening walls m1d/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitmy sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining prope1iies.
CITY OF MUSKEGON
RESOLUTION #2004-09( g l
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR PHASE
IV OF THE PARK TERRACE DEVELOPMENT
WHEREAS, a petition for a planned unit development was received from Ruddiman Associates
and,
WHEREAS, a planned unit development will allow a mixed-use residential development; and,
WHEREAS, the planned unit development received preliminary approval from this City
Commission on August 15, 2002, and Phases I and II have since been approved and constructed;
and,
WHEREAS, proper notice was given by mail and publication and a public hearing was held by
the City Planning Commission to consider said petition, during which all interested persons were
given an oppo1tunity to be heard in accordance with provisions of the Zoning Ordinance and State
Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the final Planned
Unit Development and associated site, landscaping and utility plans for Phase IV, with conditions
as follows:
I . One free-standing sign will be pem1itted for this phase of the development. The proposed sign
will require a pem1it and will need to meet ordinance requirements for size and height. The
sign must be placed in the location specified on the site plan.
2. Easement agreements for the existing storm sewer and sanitary sewer on the site need to be
prepared, signed and recorded. The stom1 sewer easement descriptions that are shown on the
drawings need an easement drawing showing the bearing on a separate sheet.
3. The grade for the proposed storm sewer system must be provided to the City Engineer.
4. All hydrants for this phase will be new and meet the spacing requirements of the International
Fire Code and MFP Fire Marshal's Office (1 hydrant per 300 feet)."
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned nnit development is hereby approved
with conditions for Phase IV of the development.
Adopted this 27th day of January, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: None
CERTIFICATE (Final PUD for Park Ten-ace, Phase IV)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 27th day of January, 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 require thereby.
DATED: _ __J_a_
nu_a_r....._y_27_ _ , 2004. LD
Gail A Kundinger, MMC
Clerk, City of Muskegon
Date: January 27, 2004
To: Honorable Mayor and City Commissioners
From: Public Works
RE: Annual Invoice for Stormwater Phase II Compliance
SUMMARY OF REQUEST: The Muskegon Area Municipal Storm Water
Committee is asking for a commitment to Muskegon's share of the 2004
Stormwater Phase II compliance program. Our expense is $10,856. This is
to pay for professional services to develop a public education plan, public
participation plan and watershed management plans for this consortium of
municipalities.
FINANCIAL IMPACT: $15,000 is allocated for "Contractual Services" in the
Stormwater Management Budget of the General Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this commitment.
Phase II Stormwater Annual Budget
Public I
Works
.
Memo
To: Bob Kuhn, Public Works Director
From: Bob Fountain, Special Operations Supervisor
CC: Mohammed AI-Shatel, City Engineer/Deputy Public Works Director
Date: January 20, 2004
Re: Authorization for 2004 Stormwater Phase II compliance program
At the January 15, 2004 meeting of the Muskegon Area Municipal Stormwater Committee, we were
advised by our consultant, FTCH, that Muskegon's share of the annual budget would be $10,856. At this
time we need to commit to paying this amount so that the work plan can begin. I have attached a
spreadsheet that outlines the various expense categories and the amounts assigned to each governmental
unit by a formula that we committed to in January 2002.
You will notice that the original budget ("Current Professional Services Authorization") that was established
in 2003 has been revised. The Illicit Connections Identification Plan (IDEP) was expected to take 2 full
years, but such good progress was made in the summer of 2003, that the expense for 2004 has been
scaled back and some $7,000 will be transferred to new projects to start up in 2004: watershed
management plans and the public participation plan (WMP/PPP). In 2003 all governmental units except
Muskegon contributed to the IDEP and it was largely their cash balance that was transferred. Muskegon,
however, made only a small payment for IDEP activities since we carried out our plan independently of the
others and at our own expense. The revised 2004 budget ("Proposed Professional Services Amendment'')
reflects the additional cost of the new plans, WMP/PPP, for which Muskegon is asked to contribute $8,800.
We have allocated $15,000 for Contractual Services in the Stormwater Budget, so I recommend that we
continue to commit to this cost-sharing arrangement so that the regional watershed approach to stormwater
compliance can proceed. We are benefiting by sharing in this expense which otherwise would be ours in its
entirety. I recommend that we commit to $10,856 to cover our share of the 2004 expense.
Page2of3
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Commission Meeting Date: January 27, 2004
Date: January 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development v6 (___,,
RE: Request for preliminary and final Planned Unit Development
approval for 1204 Eighth St. (former Boilerworks property).
SUMMARY OF REQUEST:
Request for preliminary and final Planned Unit Development approval for 1204 Eighth
St. (former Boilerworks property), for a mixed-use multi-family residential development
for artists, with associated gallery space. The request is from Muskegon Construction
Co.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends preliminary approval of the PUD and final approval of the PUD and
associated site plan, provided that the conditions listed in the attached resolution are
met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended preliminary approval of the PUD and final
approval of the PUD and associated site plan, with the conditions listed on the attached
resolution, at their 1/15 meeting. The vote was unanimous.
1/16/2004
City of Muskegon
Planning Commission
Case #2004-3
w4,
"
• = SUbject Property{ies)
Q = Notice Area
\
600 O SOO 1200 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 15, 2004
Hearing; Case 2004-3: Request for preliminary and final Planned Unit Development
approval for a mixed-use multi-family development for artists at 1204 Eighth St. (former
Boilerworks property), by Muskegon Construction Company.
BACKGROUND
Applicant: Muskegon Construction Company
Request: Preliminary and Final PUD Approval for a mixed-use multi-family development for
artists
Present Land Use: Vacant buildings
Zoning: H, Heritage
STAFF OBSERVATIONS
1. The subject property is located at the corner of Eighth St., Clay Ave. and Western Ave. The
property talces up much of the block with the only other use being the Muskegon Eagles.
2. A portion of this property was recently rezoned from I-2, General Industrial to H, Heritage.
The entire block is now zoned H. The H district allows various residential and commercial
uses.
3. The applicant is applying for a Planned Unit Development (PUD) for this property. The
proposed use is a multi-family development intended to be marketed toward artists. The
apartments will all include studio space for mtists and there will be some common gallery and
display space as well. There are two smaller buildings on the site. Building "A" is proposed
for a two-bedroom manager's office unit. The exact use proposed for Building "C" is not
!mown at this time. According to the applicant it could be used as extra studio space for
resident artists, or possibly classroom space if a local mt program could use the space, or even
additional studio apmtments.
4. The applicant is requesting both preliminary and final PUD approval for the site at this time.
Therefore, a detailed site plan was submitted and has been reviewed by staff. A booklet of
background information was also submitted and is enclosed. Proposed floorplans and
elevations for the buildings are also included.
5. Since the building is already in place, staff was only able to review the site plan in te1ms of
how the existing site will function, for the pmpose of the proposed use. Staff has reviewed the
submitted site plan and has the following comments:
a. The site plan shows the tht·ee existing buildings along with two associated parking areas.
TI1e site talces up slightly over half of the block.
b. There are 53 parking spaces shown on the site plan. The Zoning Ordinance requires 2
spaces per residential mrit. TI1ere m·e 26 proposed units, plus a manager's office. This
would require a minimum of 52 spaces, plus spaces for the office. Whatever use that
Building "C" is used for may also require additional parking spaces. Given that this is a
unique use, it may not be necessary to have 2 spaces per unit. The site is in the Downtown
Parking Overlay District, which allows some flexibility for non-residential parking
requirements, such as counting on-street parking and shared parking. With this being a
PUD, the Planning Commission can relax the parking requirements, but at this time, the
parking should be adequate. Depending on the use for Building "C", the parking may
have to be looked at in further detail in the future, however. Parking space sizes are
labeled and meet ordinance requirements.
c. The zoning ordinance requires front setbacks on Western Ave., Eighth St., and Clay Ave.
TI1e building setbacks are already in place since these are existing buildings. Building "C"
is built right up to the property lines. Buildings "A" and "B" are set back from the
property lines, but none of the building setbacks are shown on the site plan. All building
setbacks should be labeled for reference.
d. The setbacks for the parking areas on Western and Clay Avenues are labeled. The
ordinance requires an average of 10 feet of greenspace along street frontages. On the Clay
Ave. frontage, the parking areas are set 6 feet 2 inches from the property line. The
building in between the two parking areas is set back much fi.uther, but this setback is not
shown. The parking areas are in line with the setback of Building "A". Given that the
parking areas do not encroach on the front setback any more than the existing building and
that there is a large greenspace area in front of the building in between the two parking
areas, staff feels that the proposed setbacks along Clay Ave. are reasonable. The applicant
has provided the maximum amount of setback possible while maintaining the minimum
required sizes for parking spaces and maneuvering lanes in these parking areas. There
also is greenspace between the building and the proposed sidewalk.
e. The front setback on Western Ave. is taken up mostly by the two drive entrances. There is
a landscape island located between the two drives, which does have a 10-foot setback
from the property line. This setback meets ordinance requirements.
f. The H district has no requirements for side setbacks. TI1e side setback between the
northerly parking area and the Muskegon Eagles is labeled as 2 feet 8 inches. The side
setback between Building "B" and the Eagles' parking lot is not labeled. This setback
should be labeled for reference.
g. TI1e rear setback requirement in the H dish·ict is 10 feet. The rear setback between
Building "B" and the Eagles is not labeled but if below 10 feet, then this setback would be
nonconforming since the building already exists. The setback should be labeled for
reference.
h. The site plan does show proposed landscaping for the site. The plan does not show
existing landscaping, with the exception of one 8" cedar which is noted. The plan does
not state if the cedar h·ee is proposed to be retained or removed. All existing trees should
be retained as much as practical. There is a great deal of vegetative growth on the building
itself. Staff recognizes that much construction work will need to be done on the building,
but these plantings should be retained if possible. They add a great deal of vibrancy and
appeal to the building's fa<;ade, especially during the fall months (see photos below).
Details on the proposed landscaping for the site, including size and species of all proposed
new landscape materials and notes on all existing landscaping (including whether or not it
is to be retained or removed) need to be provided.
1. The front setback along Clay Ave. is shown on the site plan as lawn. There should be
landscape materials (trees, shrnbs or both) provided in this setback. There are four street
trees shown in the terrace along Eighth St. The site plan does not note if these trees are
existing or proposed. If they are proposed, the applicant needs to work with the foresl!y
depattment on placement of the trees.
J. The nmtherly parking area on Western Ave. appears to be larger than 5,000 square feet
and therefore requires at least one landscape island. A landscape island is shown on the
site plan and appears to contain two l!·ees.
k. Site lighting locations are noted on the site plan but no details on the type of lights
proposed are given. All lights need to be a down-type having one hw1dred percent (100%)
cut off.
I. The site plan shows a paved area in between Buildings "B" and "C" on Eighth St. TIJ.is
area shows two sites marked '!!-ash'. If these are to be dumpster locations, they will need
to be screened with a minimum 5-foot fence and will need to be located at least 5 feet
from each building. There is a fence shown, but no details on the fence are given, and the
fence does not appear to screen the area from Eighth St.
m. There is existing sidewalk along Eighth St. and Western Ave. The site plan shows new
sidewall, to be installed along Clay Ave. and along all parking areas.
n. Staff has not yet received comments from the Engineering Dept. but will bring any
comments to the meeting.
o. The Fire Marshal has reviewed the site plan (comments received 1/5) and has the
following comments:
i) A fire flow test shall be conducted by the Department of Public Works. The project
developer shall schedule tlJ.is test with the DPW.
ii) Hydrant locations shall be listed on the site plan. They are cwTently not listed.
iii) Hydrants shall meet spacing requirements of the International Fire Code Appendix C.
p. The Department of Public Works has reviewed and accepted the site plan (comments
received 1/8) with the following comment:
i) Existing sanitaiy sewer ai1d water may need to be replaced/upgraded to serve multiple
units.
6. TI1e site plan shows two free-standing signs, one on Western Ave. and one on Clay Ave. The
ordinance pe1mits one free-standing sign per major road frontage for residential developments.
Neither Western or Clay Avenues are a major sl!·eet. The Planning Commission has the
flexibility to allow both signs if they wish. No details on the signs are given, but they will
need to meet ordinance requirements and will need to be placed so as to not block clear vision
at tl1e drives. Sign pe1mits will be required.
7. Staff has not received any phone calls or letters regarding tlJ.is case.
PHOTOS
DELIBERATION
Standards for discretionary uses: (emphasis provided)
I. Give due regard to the nature of all adjacent uses and strnctures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitmy sewage
f. adequate traffic control m1d maintenance services
g. preserves property values to related or adjoining prope1iies.
CITY OF MUSKEGON
RESOLUTION #2004-lO(h)
RESOLUTION FOR PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT
APPROVAL FOR 1204 EIGHTH ST. (fmmer Boile1works site)
WHEREAS, a petition for a planned unit development was received from Muskegon Construction
Co. and,
WHEREAS, a planned unit development will allow a mixed-use multi-family residential
development with associated gallery space; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportw1ity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Planned Unit
Development and associated final site plan with conditions as follows:
I. When the proposed use for Building "C" is determined, a revised site plan must be submitted
to the Planning Commission at that time addressing parking needs for that use.
2. A revised site plan will be submitted for staff's approval and will contain:
a. All setbacks from buildings and parking areas to the property lines need to be labeled.
b. Details on proposed landscaping need to be provided. The plan should show all existing
trees and landscape materials and whether they are proposed to be retained or removed.
All trees need to be retained as much as practical. Details on size and species of proposed
landscaping need to be provided. Landscaping needs to meet ordinance requirements and
there needs to be landscape materials (trees, shmbs or both) provided in the front setback
along Clay Ave. The applicant needs to work with the forestry for the four street trees on
Eighth Ave. if they are not already existing.
c. Any dumpster on the site needs to be noted and needs to be screened with a minimum 5-
foot privacy fence and needs to be at least 5 feet away from any building.
3. All site lighting needs to be a down-type having I 00% cut off.
4. All requirements of the Engineering Dept., DPW and Fire Marshal need to be met.
5. The development is permitted to have two free-standing signs as shown on the site plan. Sign
permits will be required for all signage on the site, and signs cannot block clear vision.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the preliminary and final planned unit development is
hereby approved with conditions.
Adopted this 27th day of January, 2004
Ayes: Gawron, Larson, shepherd, Spataro, Warmington, Carter
Nays: Davis
Absent: None
CERTIFICATE (Preliminary and final PUD for 1204 Eighth St.)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 2ih day of January, 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 ce11ify that the meeting was conducted and public notice was given pursuant
to and in foll 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 av:ilable as requi,re~ hereby. •
DATED: Januar~ 27 , 2004. Ji,,.l, Q_ ~r)
Gail A Kundinger, MMC
Clerk, City of Muskegon
Be it resolved that the Muskegon Cool Cities Advisory Committee on Monday January
26, 2004 unanimously suppo1ted the Muskegon Construction/ HOC Constructions
proposal to recondition the Muskegon Boiler Works Building bounded by Clay, Eight,
Western and Ninth streets in Down Town Muskegon.
The creation of affordable living space for the "Creative Class" is a step in the direction
of creating Coolness in Muskegon.
The Advisory committee encourages the city commission to work with Muskegon
Construction and HOC Construction to help them put the project on the fast track.
/Jj~Q~~
Ambassador of Cool
January 27, 2004
Date: Januaiy 27, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the TORRENT ST., LETART
AVE. TO SHERMAN BLVD., 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. 2004-1 l(a)
Resolution At First Hearing Creating Special Assessment District
For TORRENT ST., LETART AVE. TO SHERMAN BLVD.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 27, 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 January 27, 2004, there were 24.91% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Davis and Larson 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 15. 73% 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: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nays: None
CITY OF MUSKEGON
By ~ 2ndik ~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 27, 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 ~ 0. L~;,,r
Gail A. Kundinger, Clerk
EXHIBIT A
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Torrent St., Letart to Sherman Blvd.
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
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PR JECT LOCATION
SPE I L ASSESSMENT DISTRICT
SH[RMAN BL VO
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Torrent St. Sherman Blvd to LeTart 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 16TH DAY OF J NUARY 2004.
Q_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
cJncJ DAY OF Ee./2m
q~ , 2004.
dnda d;, l?divt
NOTAllY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 -;;s-o &
ENGINEERING FEASIBILITY STUDY
For
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
In an effort to incorporate the estahlished goals of eliminating gravel streets from the City system
into our proposed work, we are proposing the construction of a new curb & gutter street in
Torrent between Letart & Sherman. In addition to the aforementioned, this proposal was initiated
by the City due to :
1. That section of Torrent is gravel, therefore, in keeping with the City's goals of eliminating all
gravel roads made this road a leading candidate for roadway construction.
2. The need to reduce maintenance cost associated with upkeep of the gravel road
3. Enhance the appearance of that area
4. improve the drainage facility
5. upgrade the water main & services
The combination of the above reasons makes the selection of this street for improvements an
ideal one.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $56,000 with
the length of the project being approximately 300 lineal feet (project length) or 250 of assessable
footage. This translates into an estimated improvement cost of $224 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
M C H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8 January 14, 2004
Douglas A. Bennett Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
933 Tenace Street
Charles L. Buzzell
District 2 Muskegon, MI49443
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 new construction of Torrent Street between Letart Avenue and W
District 5 Sherman Boulevard. 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 January 14, 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 of life created by the proposed project. As previously
District 6
presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski properties. The front foot rate of$35.15 for the new construction of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of $36.82. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
J~ - o.~~
Vicki A Emery, cMAM
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BU ILDING C • MUSKEGON, Ml 49442
(231) 724-6386 • FAX (231) 724-1129
TTY (231) 722-4 103 • An EEO I ADA IM Employer
recycled paper
January 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, 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 JANUARY 27, 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.
January 16, 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:
TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
The proposed special assessment district will be located as follows:
All parcels abutting Torrent St. from LeTart Ave. to Sherman Blvd.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on JANUARY 27, 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 $56,000.00 of which
approximately 15. 73% ($8,808.24) 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.
' Engineer
City
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-1583
TORRENT ST., SHERMAN BLVD. TO LETART AVE.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
' ''
' ' ' ',,
',', ' ,' ',
HOUSEHOLD INFORMATION ,'
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _ -_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infommtion)
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 # - -
~ ~ ~ ~ ,, '' ,, ,,, '
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INCOME INFORMATION
'
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ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
,'
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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 cu1Tent to qualify and will be verified by CDBG staff)
,''' ', '' '
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. ;-. '" . OWNER'S SIGNATURE ' ',
', ,'
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Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in suppo1t of this application, is trne 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
' '
,,
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', ' FOR OFFICE USE ONLY '
','' '
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET- H-1583
TORRENT ST., SHERMAN BLVD. TO LETART A VE.
REQUEST FOR WAIYER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Arca Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mmigage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City rese,ves the right to ver(fy all application information, and to reject any applications that contain falsified information or insufficient
documentation.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By JANUARY 27, 2004
Project Title: TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
Project Description: * NEW CONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return 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: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 62.9 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $2,210.94
Property Description
CITY OF MUSKEGON
NEUMANS SUBDIVISION OF BLK 616
LOT 17 & E 10 FT OF LOT 16
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 or MUSKEGON
NOTICE or PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN J\N EFrORT TOWARDS NEIGHBORllOOD IMPROVEMENT, the Muskegon City Commission is
proposing that s special assessment district be created for the following projects:
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON AVE.
The specific locations of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
The City Commission proposes that the City and prope1ty owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Department during regular business hours - between 8:00 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 JANUARY 27, 2004 AT 5:30 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 (J\ T J\ LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONl'IRMATION TO FILE A WRITTEN J\PPEJ\L WITH Tl-IE
MICI IIGAN 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 J\ T THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL 13E LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: January 17, 2004 Gail Kundinger, City Clerk
ADJ\ 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 1583
NEW CONSTRUCTION HEARING DATE JANUARY 27, 2004
TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
24-645-000-0017-00 SHEDD GARY/BETTY ASSESSABLE FEET: 62.9
550 W NORTON COST PER FOOT: $35.15
@ 1916. W SHERMAN B MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2,210.94 1
24-645-000-0030-00 COVELL DOMINIC ASSESSABLE FEET: 62.42
1909 LETART COST PER FOOT: $35.15
@ 1909. LETART AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,194.06 1
24-645-000-0018-00 UNITED STATES OF AMERICA ASSESSABLE FEET: 62.9
477 MICHIGAN AVE 16TH FLOOR COST PER FOOT: $35.15
@ 1892. W SHERMAN B DETROIT Ml 48226 ESTIMATED P.O. COST: I $2,210.94 1
24-645-000-0029-00 BAILEY KRISTI A ASSESSABLE FEET: 62.37
1891 LETART AVE COST PER FOOT: $35.15
@ 1891. LETART AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: IL____$_2.;_,1_92_.3_1__,
SUM OF ASSESSABLE FOOTAGE: 250.59 SUM OF ESTIMATED P.O. COST: $8,808.24 I
TOTAL NUMBER OF ASSESSABLE PARCELS 4.00
1/20/2004 Page 1 of 1
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By JANUARY 27, 2004
Project Title: TORRENT ST., Le TART AVE. TO SHERMAN BLVD.
Project Description: * NEW CONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
i_ndicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form ,md return it to the City Clerk's Office. To
return this card by maii, simply fold on the dotted lines so the ;irlrlrp~.s on t!:e revercc ;:;id.s ;3
51,ovvi,,g. Be sure io seal the torm 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: 1916 WSHERMAN BLVD
Parcel Number 24-645-000-0017-00
Assessable Frontage: 62.9 Feet RECEIVED.
Estimated Front Foot Cost: $35.15 per Foot
JAN 2 ~\ 7n01i
ESTIMATED TOTAL COST $2,210.94
City Clerks Office
Property Description
CITY OF MUSKEGON
NEUMANS SUBDIVISION OF BU< 616
LOT 17 & E 10 FT OF LOT 16.
Your vote COUNTS!
Please vote either in ~-~var
I AM IN FAVOR
or o osed to the Special Assessment Street Paving Project.
0. . I AM OPPOSED •
Owner <rz vie --~·/rf.' l ' CoOwner/Spouse
------------
Signat1,1re. Signature
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 JANUARY 27, 2004
Project Title: TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
Project Description: * NEW CONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the addre!;!; 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: 1909 LETART AVE
Parcel Number 24-645-000-0030-00
Assessable Frontage: 62.42 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $2,194.06
RECEIVED
Property Description
CITY OF MUSKEGON
NEUMANS SUBDIVISION OF BLK 616 City Clerks Office
LOTS 30 & 31
Your vote COUNTS!
Owner
Address Address
Thank you for taking the time to vote on this important issue. 2
H-1588 TORRENT ST. SHERMAN BLVD. TO LETART AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS - 4
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 250,590 .. u 1916 W SHERMAN 24-645-000-0017-00 62.90 2 1909 LETARTE 24-645-0000..0030..00 62.42
FRONT FEET OPPOSED 62.420 24.91%
RESPOND!NG FRONT FEET !N FAVOR 62.900 25.10%
NOT RESPONDING - FRONT FEET IN FAVOR 125.270 49.99%
TOTAL FRONT FEET IN FAVOR 188.170 75.09%
TOTALS 62.90 62.42
TABULATED AS OF: os·os PM
1/27120045:05 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARJNG ON TORRENT
TO: Honorable Mayor and City commissioners
FROM: Engineering
DATE: January 27, 2004
RE: Public Hearing
Create Special Assessment District on:
2004 Sidewalk Program (E-6)
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment district of the project and to create a
special assessment district and appoint two City Commissioners to the Board of Assessors if it is
determined to proceed with the project. The district will not include those who complete the work
under a permit before June 1st 2004.
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the project for special assessment, create a special assessment district for the project
and assign two City Commissioners to the Board of Assessors by adopting the attached resolution.
COMMITTEE RECOMMENDATION:
O:\ENGINH:RING\COMMON\2004 PROJECTS MJ\STFR\Projccts\SW04\2004 s,r-prograrn special assessment district to commission 1-27-
04.doc
CITY OF MUSKEGON
Resolution No. 2004-11 (b)
Resolution At First Hearing Creating Special Assessment District
For The 2004 Sidewalk Replacement Program (E-6)
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 27, 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 January 27, 2004, there were 2.03% objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each properties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
engineer's survey, inspection, recommendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of
bond proceedings.
3. The City Commission hereby appoints a Board of Assessors cons1stmg of City
Commissioners Gawron and Spataro and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron
Nays, None
CITY OF MUSKEGON
Bybn9din~ ~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 27, 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,
Q. kClerk d.:i
EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR 2004
SPECIAL ASSESSMENT DISTRICT
The location of the special assessment district and the properties proposed to be assessed are:
Those prope11ies identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2004.
All parcels within area E-6 which is bounded by Getty Street to the west, City Limits to the north,
City Limits to the east, and Ryerson Creek to the south
O;\1.:NCilNEl:RJNU\COMMON\2004 PROJLTTS M/\STFR\l 1 rojccts\SW04\2004 sw-program spcciHl assessment district to commission l-27-
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JAN 2 7 2004
· ENGINEERING DE TMENT
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H-1466 SIDEWALK REPLACEMENT PROGRAM FOR 1997
SPECIAL ASSESSMENT ROLL - CDBG - ESTIMATED
PARCEL @ PER LETTER PERF.M. PROP DRIVE PROP SW
611035352012 2494 LINCOLN 1 5 $126.25 $1,231.96 $0.00 $0.00
611035353011 2540 LINCOLN 1 5 $126.25 $138.88 $0.00 $0.00
611035257006 2122 MANN 9 45 $1,136.25 $0.00 $0.00 50 $1,262.50
61 1453 MARCOUX $0.00 $0.00 $0.00 $0.00
611035198001 2164 MCCRACKEN 7 35 $883.75 $0.00 $0.00 47 $1,186.75
611035333004 2264 MCCRACKEN 10 50 $1,262.50 $0.00 $0.00 39.8 $1,004.95
611035452001 2360 MCCRACKEN 13 65 $1,641.25 $0.00 $0.00 61.7 $1,557.93
611035452003 2382 MCCRACKEN 5 25 $631.25 $0.00 $0.00 23.7 $598.43
611035335015 2389 MCCRACKEN 4 20 $505.00 $505.00 $0.00 $0.00
611035451001 2412 MCCRACKEN 10 50 $1,262.50 $0.00 $0.00 49.2 $1,242.30
611035376017 2465 MCCRACKEN 5 25 $631.25 $378.75 $0.00 $0.00
611035376018 2471 MCCRACKEN 4 20 $505.00 $769.42 $0.00 $0.00
611035453009 2480 MCCRACKEN 4 20 X $505.00 $0.00 $0.00 15.5 $391.38
611035454014 2518 MCCRACKEN 4 20 $505.00 $0.00 $0.00 25 $631.25
611035454015 2524 MCCRACKEN 3 15 $378.75 $0.00 $0.00 20 $505.00
611035455001 2556 MCCRACKEN 5 25 $631.25 $0.00 $0.00 20.1 $507.53
611035380021 2563 MCCRACKEN 3 15 X $378.75 $785.78 $0.00 $0.00
611035261003 1957 MINER 12 60 $1,515.00 $0.00 $0.00 65.3 $1,648.83
611035327009 2100 MINER 14 70 $1,767.50 $1,434.20 $0.00 $0.00
611035327003 2146 MINER 7 35 $883.75 $2,022.22 $0.00 $0.00
611035328001 2187 MINER 1 5 $126.25 $126.25 $0.00 $0.00
611035302023 2230 MINER 2 10 $252.50 $252.50 I $0.00 $0.00
611035302019 2260 MINER 2 10 $252.50 $628.73 $0.00 $0.00
611035306004 2271 MINER 1 5 $126.25 $128.78 $0.00 $0.00
611035302017 2272 MINER 1 5 X $126.25 $881.04 $0.00 $0.00
611035302016 2278 MINER 3 15 $378.75 $1,157.02 $0.00 $0.00
611035301024 2310 MINER 4 20 $505.00 $1,406.43 $0.00 $0.00
611035301021 2330 MINER 5 25 $631.25 $850.93 $0.00 $0.00
611035301019 2342 MINER 4 20 $505.00 $606.00 $0.00 $0.00
611035301017 2360 MINER 3 15 $378.75 $646.40 $0.00 $0.00
611035301015 2376 MINER 7 35 $883.75 $770.13 $0.00 $0.00
611035261008 2206 MOON 5 25 $631.25 $0.00 $0.00 49.2 $1,242.30
611035406007 2271 MOON 17 85 $2,146.25 $0.00 $0.00 39.8 $1,004.95
611035403005 1919 MORTON 5 25 $631.25 $0.00 $0.00 26 $656.50
11 /13/97 Page4
I
Hoffman, Evelyn_ ---- ----- -- -··-- ··-·-
From: Griffin, Wilmern
Sent: Tuesday, January 27, 2004 11:19 AM
To: Robinson, Talonda; AI-Shatel, Mohammed
Cc: Sumrall, Calvin; Hoffman, Evelyn
Subject: RE: Sidewalk Protest
Actually if his total household income is over it will not be granted.
-----Original Message----
From: Robinson, Ta!onda
Sent: Tuesday, January 27, 2004 11 :16 AM
To: AI-Shatel, Mohammed; Griffin, Wilmern
Cc: Sumrall, Calvin; Hoffman, Evelyn
Subject: RE: Sidewalk Protest
According to our records, Mr. Dawes applied for CDBG assistance
to have a Hazardous sidewalk repaired that was in front of his home.
At the time of his application, he met all the qualifying requirements.
for CDBG assistance.
Mr. Dawes has the right to apply for CDBG assistance. However, if
he knows his total household income for 2003 is over income, CDBG
assistance may not be granted.
I have forwarded a copy of the letter from 1997 to Evelyn.
----Original Message----
From: AI-Shatel, Mohammed
Sent: Tuesday, January 27, 2004 9:24 AM
To: Griffin, Wilmern; Robinson, Talonda
Cc: Sumrall, Calvin; Hoffman, Evelyn
Subject: RE: Sidewalk Protest
Can you verify these claims please before the end of the day, the hearing is scheduled for tonight. Has he applied? If not maybe you can call him to get
some information to help you decide weather or not he is eligible.
-----Original Message-----
From: Hoffman, Evelyn
Sent: Tuesday, January 27, 2004 9:04 AM
To: AI-Shatel, Mohammed
Cc: Sumrall, Calvin
Subject: Sidewalk Protest
Mo,
Mr. Robert Dawes@ 1453 Marcoux Ave. would like to enter a formal protest via a phone call. His number is 773-3876. He says that the City
(thru CNS) repaired the section approx. 6 years ago. There is a tree on the terrace that has caused the section to lift up. His opinion is that the
roots on that tree were not trimmed enough at the time of the repair and has again caused the same section to lift. He and his wife are disabled,
1
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Hoffman, Evelyn _ C7
--------- -------- ·------. -------- - - - -·· - ---- ····--
From: Hoffman, Evelyn
Sent: Tuesday, January 27, 2004 9:04 AM
To: AI-Shatel, Mohammed
Cc: Sumrall, Calvin
Subject: Sidewalk Protest
Mo,
Mr. Robert Dawes@ 1453 Marcoux Ave. would like to enter a formal protest via a phone call. His number is 773-3876. He says that the City (thru CNS) repaired
the section approx. 6 years ago. There is a tree on the terrace that has caused the section to lift up. His opinion is that the roots on that tree were not trimmed
enough at the time of the repair and has again caused the same section to lift. He and his wife are disabled, but have some temporary additional income making
them ineligible for the CDBG. He would like for the City to be responsible for the repair since, in his opinion, the original repair was sub-standard.
Evelyn
1
July 8, 1997
Mr. & Mrs. Robert Dawes
1453 Marcoux Avenue
Muskegon MI 49442
Dear Applicant:
We have received your application for assistance in repairing the sidewalk in front of
your home. While your area has not yet been targeted through our comprehensive
sidewalk program, the hazardous nature of your sidewalk has allowed us to accept your
application. We are pleased to inform you that your application has been APPROVED
for assistance.
We will be informing the Engineering Department that your application has been
approved for assistance. The City's contractor should begin repairs sometime this
summer. Once all repairs for the 1997 program are completed, assessments will be made.
Your assessment will be paid with Community Development Block Grant funds at NO
COST to you.
PLEASE NOTE: We would also like to inform you that the City is required by law to
notify certain property owners of public hearings on this assessment although you have
already been approved for assistance. When notification is sent, owners have a second an
opportunity to apply for assistance. Therefore, you may receive another application in the
mail; however, since you have already been approved, please disregard the application.
If you have any questions, please contact me at 724-6969 or 724-6717 between 8:30 a.m.
and 5:00 p.m. weekdays.
Sincerely,
Diane M. Abraham
Community & Neighborhood Services
om m : err ec o-, .,. ... ...,-:-1- A!'PVI
COMMENTS
APPL
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NL"!-IBER
PARCEL NUMBER
'"s 6:~
Hi
C
r.,;(OME
% DEW
04/24/96 Craig, Jean 1972 Harrison 9198 6! 103525200 9 w D y F Yes I 5,880 30 Approved
8
03129196 Cuny, Mary Jane 1950 Crozier 8855-03 61103545201 9 w D y F No I 20,516 80 Approved
0
09/2895 Cunice, Agnes 2524 McCracken 8779 6110354540! 9 w w y F No I 8,924 30 Approved
5
03/18/96 Daniels, Eleanor 2168 Denmark 9280 61 I 13519401 9 w D y F No I 7,532 30 Approved
0
Cutler 994-0 I w M y M No l 19,739 80 Approved
~
08/22195 Dare, Eugene/ Ann 2411 61103448100 9
4
·~ •
021 l 3/96 Davis, Anhur/Ar!ene 2238 Lincoln 9776 61103520l0l 9 w M y M No 2 11,089 50 Approved
4
No
-
Dawes, Robert/Donajean 1453 Marcoux 19222010 f312142700 I M N 9,387 30 Approved **Hazard Case
0/108197 w M 2
08/14/95 Dec. Charles/Mary 1857 Fair 8943 61103526300 9 w M y M Yes 2 12,050
51 Approved d
6
04/18/96 Dertien, Myrle 2480 McCracken 8817 61103545300 9 w w y F No I 7,327 30 Approved
9
10/19/95 Diliert, Esther 1995 Harding 9269 61 l03540600 9 w w y F Yes 2 9,988 50 Approved
2
05/07/96 Doe, Barbara 1873 Harrison 9117 61103524800 9 w s N F No I 18,184 80 Approved
4
08/2 l/95 Doppe\, Kathleen 2237 Estes 9010 6110354050\ 9 w s N F No I 17,469 80 Approved
4
04/25/97 Doppel, Gregory 2278 Miner 9684 6130353020! 9 ? s N M No I 22,895 80 Approved
,,,--,,
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6 .
V
04/04/97 Edlund, Ralph 2029 Estes 9091 61303525300 9 w w y M Yes I 16,297 80 Approved \~l'
6 ~. GC
? 61103533100 9 w D N M No ' 27,701 80 Approved -cn'<v'
04/29/96 England, Dave 2348 Leon
8 .... " ,,
J•
OI
04/26/96 Emval!. Carrie 2179 Letart 9496 61 !03537500 9 w s N F No
' I 5,482 80 Approved
He ,OOD
2 'MIJNliY & NE\
~ -·
s
w w y Yes I 14,338 50 Approved
"
0212 L'96 Firos, Charlene 2360 McCracken 8885 61103545200 9 F
'
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BRITTON & BOSSENBROEK, P.C.
Attorneys
'" ,.
11fr_,!.,:.
Gary T. Britton 900 Third Street Facsimile
David L. Bossenbroek Post Office Box 957 (231) 726-6701
Muskegon, Michigan 49443-0957
(23 I) 726-6603
November 4, 2003 RECEIVED
CITY OF MUSKEGON
Mr. Mohammed AI-Shatel NOV O6 2003
City Engineer ENGINEERING DEPARTMENT
City of Muskegon
P. 0. Box 536
Muskegon, MI 49443-0536
Re: Muskegon Area Intermediate School District
Property Address: 1001 Wesley Avenue, Muskegon, MI
Parcel No. 24-121-300-0001-00
Dear Mr. AI-Shatel:
Your correspondence of June 25, 2003 directed to the Muskegon Area School District has been
referred to our office for a response. Please be advised that, since the property is owned by a
school district, it is exempt from taxation according to Michigan Statutes Annotated, §7.7(3).
This exempt status also reaches to any form of special assessment levied by any governmental
unit. I have been informed by the District that it has not entered into any written agreement by
which it would agree to pay any special assessment and therefor it is anticipated that you will
cease any attempts to assess this parcel of property for any purpose.
It is the Muskegon Area Intermediate School District's intent to always be a good neighbor and
citizen. However the present financial situation facing public education in Michigan makes it
incredibly difficult for educational institutions to meet all of the mandates required by various
federal and state agencies. Should the City wish to modify or improve the sidewalks in
question, it certainly is free to do so at its own expense. The District cannot simply agree in
good conscience to expend funds that are otherwise. needed to meet the educational mission of
the MAISD.
If you have any questions or concerns regarding this correspondence, please do not hesitate to
contact me at your convenience.
Engineering Dept
My name is Francisca Aguilar
Parcel No: 24-612-000-0533-00 1047 James
I recieved your letter stating the hearing that is on the date of January
27,2004 I personaly will not be here lam leaving to Mexico and returning on
Febuary the 11th , 2004.
After recieving this letter I callled January 20th , 2004 to the Engineering
Dept where I expressed that I had called numerous times over the summer
to have someone come out to let me know exactly what needed to be done,.
I was informed today that they would send someone out today and they did ,
The gentelman that came today stated that he dose not understand why I
was sent this letter for my drive way is just fine and that he would return to
inform the Lady in the office not to send us another letter . I just wanted to
send this letter to make sure that this information has reached you for I do
not want any confusion in this manner on both parts . Thank you so much for
your time . If you need to contact me I will be returning to the United States
on Febuary the 11th , 2004. Thank you very much for your time.
Sincerly Mrs. Francisa Aguilar
(231~ 773-6005
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www.shorelinecity.com'
January 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Re: Parcel No: 24-XXX-XXX-XXXX-XX @ PROPERTY ADDRESS & STREET
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special assessment district
which would assess your property for the following project:
Sidewalk Replacement Program for 2004
The proposed special assessment district will be located as follows:
Those properJies identified in the area listed below as having sidewalk deficiencies in which the
owners have rmt completed the required improvements by June 1, 2004.
AREi\ E6: bounde_d__m,J3etty_St. to the west, City Limits to the north, City Limits to the east,
· and Ryerson Creek to the south
The above improvement will be paid entirely by special assessment. The 2004 cost has been set at
$5.40 per square foot of sidewalk and will include all incidentals (i.e. root cutting, concrete removal,
excavation, etc.). Any work on drive approaches will be assessed at the contract price plus related
engineering fees.
THE HEARING WILL BE HELD IN THE CITY OF MUSKEGON COMMISSION CHAMBERS ON
January 27, 2004 AT 5:30 P.M. You are entitled to appear at this hearing, either in person, by an
agent, or in_ writing to express your opinion, approval, or objection concerning the special
assessment. Written appearances or objections must be made to the City Clerk at or prior to the
hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE
OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. (517-334-6521).
If you have questions about the permit requirements, the specific sections that need to be replaced, or if,
the paint wears off or fades out, contact the Engineering Department at (231) 724-6707.
For property owners who may have difficulty affording the sidewalk assessment, there are three options:
(1) you can request to have your assessment payments spread over a ten-year period at a low
interest rate of 5.00% per year (unless the City has borrowed money to complete the project
for which you are assessed and has pledged your assessments for repayment of the
borrowed money; in such cases, the interest you are charged is equal to the interest rate the
City must pay on the borrowed money plus 1.00%),
(2) if you are a low-income senior citizen you can leave the assessment as a lien against your
property until the property is sold (contact the City Assessor's office for details), or
(3) if you are a low income homeowner of the property requiring sidewalk replacement, you may
be eligible for free sidewalk replacement. An application for this free assistance is enclosed.
If you believe you are eligible for this free assistance, your application must be submitted to
the City's Department of Community and Neighborhood Services, no later than April 15, 2004
If your application is approved, you need to do nothing else; the City will make the repairs,
and you will not be assessed for the replacement costs.
To help with your decision on how to proceed with these sidewalk repairs, we have enclosed the following
information:
1. Standards for the identification of defective sidewalks and procedures for appeal
2. An explanation of the special assessment process and what costs will be included in your
sidewalk assessment
3. An application for free sidewalk repairs, for eligible homeowners.
We suggest that you review the enclosed information carefully. Thank you for your cooperation in
improving the City of Muskegon.
/71;:;;~~
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY OF MUSKEGON MARQUETTE NEIGHBORHOOD
SIDEWALK ASSESSMENT PROGRAM FOR 2004
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 infonnation)
Number Living in Household: List info1mation 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:.{.) Cmrent ( ) 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 owns and 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.
CITY OF MUSKEGON MARQUETTE NEIGHBORHOOD- H-1572
SIDEWALK REPLACEMENT PROGRAM
REQUEST FOR \VAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou /iave already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your prope1iy for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chaii below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mmigage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,~1I49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified iriformation or h1si~l]icient
docume11tation.
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 lime 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.
The City's comprehensive sidewalk
replacement program set minimum Sidewalks are to be 5' wide with the Owners of property will be allowed to
standards to help reduce potential exception of sidewalks that go around trees, request that additional sections of sidewalk
accidents due to broken or uneven in which case the minimum continuous that are cracked or broken, but not
walkways. To establish sections of width must be 42". hazardous, or if the owner wishes to have
sidewalk that need to be replaced, the their total sidewalk replaced. This does not
following criteria were followed: SIDEWALKS IN THE TERRACE: include property owners receiving CDBG
funding to pay for their special assessment,
1. Rise or drop of more than¾" Sidewalks that are located in the terrace the owners will be restricted to the required
2. Broken or cracked in many pieces between the city sidewalk and the curb will sections only.
throughout. be inspected with the same criteria as the
3. Holes more than¾" deep. City sidewalks and may either be removed
4. Badly spalled. or replaced at the owners choice.
5. Open cracks more than ½" wide APPEAL PROCESS:
6. Broken sections with loose pieces of DRIVE APPROACHES:
concrete If you feel the sidewalk does not meet the
7. Crumbling due to age, weather, If a drive approach is hazardous with deep above criteria, you may appeal to the City
and/or improper material used in the holes or raised areas, or other hazards, it will Engineer @ (231) 724-6707. lf you are still
original construction, or for other be required to be replaced. If no approach is not satisfied after your appeal, you may
reasons. provided, but cars are crossing the terrace, request a hearing with the Sidewalk Review
8. Side slope of more than 8% (l" for an approach will be required, provided a Board.
every12") legal driveway is permitted by the Zoning
Ordinance.
ADDITIONAL CONDITIONS: If you have any questions about the
STREET CORNERS AND ALLEYS: specific sections that need to be replaced,
When one section doesn't need to be please contact the Engineering
replaced, but the sections on each side do, The City will be responsible for the cost of Department@ (231) 724-6707.
all three sections must be replaced. When all replacement of sidewalks at the street
only a small area (one square foot or less) of comers and where alleys cross the
a section is missing or broken, it will not sidewalks. If the sidewalk is to be replaced
need to be replaced provided that there is at comers, it will be made handicapped
still 42" of good continuous sidewalk and accessible.
there is no rise or drop,
Those sections that do not fall within the
above criteria but are hazardous will be
required to be replaced.
Requesting additional sections to be
SIDEWALK SIZE: replaced:
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that in an effort towards neighborhood improvement, the Muskegon City
Commission is proposing a special assessment district for the following project:
SIDEWALK REPLACEMENT PROGRAM FOR 2004
The location of the special assessment district and the properties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June I, 2004.
• All parcels within area E-6 which is bounded by Getty Street to the west, City Limits to the
north, City Limits to the east, and Ryerson Creek to the south.
It is proposed that the total cost of the improvement will be paid through special assessments. The 2004
cost has been set at $5.40 per square foot of sidewalk and will include all incidentals (i.e. root cutting,
concrete removal, excavation, etc.). Any work on drive approaches will be assessed at the contract price
plus related engineering fees.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
JANUARY 27, 2004 AT 5:30 P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE
DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN
STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE
HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
ORAT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Chatter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: JANUARY 17,2004 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
(23 I) 724-6705 or TDD (231) 724-6773
O:\ENGINEER!NG\COMMON\2004 PROJECTS MASTER\Projects\SW04\2004 sw-program special assessment district to commission 1-27-
04.doc
01/22/2004 09:35 231.832021 7 PAGE 01
TO: City of Muskegon 22 January 2004
Subject: Special Assessment Parcel NO: 24-611-000-0271-00
From: Henry J Cortez
119 Birchwood Lane
Cadillac Ml 49601
This letter is to protest the creation of a special assessment on the above listed property
for sidewalk assessment.
It is correct that the above property had 2 sidewalk squares that were identified by the
City of Muskegon as needing to be replaced.
However, these two squares were removed and replaced in the summer of 2003.
Thank You
~,,{z.:a---
Date: Janumy 27, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hem·ing
Create Special Assessment District for:
Walnut St., Wilcox to Thompson
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Walnut St., Wilcox to
Thompson, 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. 2004-1 l(c)
Resolution At First Hearing Creating Special Assessment District
For Walnut St., Wilcox to Thompson
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 27, 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 January 27, 2004, there were 24.09% 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 forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
. '
Commissioners Warmington and Davis and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 40% of the cost of the street improvement will be paid by special
assessments.
S. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
CITY OF MUSKEGON
By ~Q_ ~~
Gail A Kundinger,Oerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 27, 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 ~O. ~w
Gail A. Kundinger,C1erk
EXHIBIT A
WALNUT ST., WILCOX ST. TO THOMPSON AVE
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Walnut St., Wiclox to Thompson
EXHIBIT 'f\" SPECIAL ASSESSMENT DISTRICT
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ND SCALE
DR
SHORE
7
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Walnut St. , Wilcox St. to Thompson
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERYEO UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON TH E
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 16TH DAY OF JANUARY 2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
r~
cln ,~ DAY OF &lieu a z;;, , 2004.
~ d) . t/b_
N OTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN -
MY COMMISSION EXPIRES ~7~-,;;~s_-~
O~- - --
ENGINEERING FEASIBILITY STUDY
For
Walnut St., Wilcox to Thompson
The proposed Milling & resurfacing of Walnut was initiated by the property owners abutting that
section of roadway due to the conditions it's in. The proposed resurfacing, we feel, is necessary
to prevent this section of roadway from deteriorating to a point where resurfacing would no
longer be a valid option and a complete reconstruction would then be necessary, resulting in a
higher cost to the property owners as well as to the City.
The preliminary cost estimate for the work associated with paving is approximately $31,000 with
the length of the project being approximately 400 lineal feet (project length) or 726.5 of
assessable footage. This translates into an estimated improvement cost of $42.67 per assessable
foot. The assessment figure will be at a cost not to exceed $17.40 per assessable foot as
established in the 2004 Special Assessment for this type of improvement.
PETITION FOR PAVING
JIJI.. 0 8 ~ ..
To the City Commission:
.:"(d)l
We, the undersigned property owners abutting on LJ
ytl:JAfO i: ··S
;_,_-;t;{(".i-it,'V_~'. .:·~·:_· '.',
r ·' ' ·
Street, and comprising a majority of the property ownership, petition your Honorable
Body to pave t,/8L A/ll -r .sr between 1Ac,,tfus,-,JJ
and f, J, L c o x and in consideration of e benefits to be
derived from the above mentioned improvement do hereby consent to such paving and
hereby agree that the proportionate cost thereof be assessed against my property as a
special assessment and agree to pay for the same.
Petition circulated by !J=:. .,:2?-Vc~ < ·, 1 '?' t 4 t!.,,..,.,,, ) _
Note: . I flJ .dr~'~ ·- .l-f'/3/'f/
(J..11) 7 ,)-~ ,)-c..f<o/
Where property is being purchased on contract, both parties must sign.
PROPERTY
PROPERTY FRONT
NAME ADDRESS LOT BLOCK FOOTAGE
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MUSKEGON COUNTY
M C H G A N
BOARD OF
COMMISSIONERS
Paul T. Baade, Chair
District 10
Bill Gill, Vice-Chair
District 8
January 14, 2004
Douglas A. Bennett Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
Charles L. Buzzell
933 Terrace Street
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 milling and resurfacing of Walnut Street between Wilcox and
District 5 Thompson A venue. The purpose of this analysis is to document the reasonableness of
Louis A. McMurray this special assessment district by identifying and quantifying any accrued benefits. It
District 9 is subject to the normal governmental restrictions of escheat, taxation, police power
and eminent domain. The effective date is January 14, 2004.
Robert Scolnik
District 11 In conclusion, it is my opinion that the special assessment amounts justly and
I. John Snider II
reasonably represents the accrued benefits to the properties encompassed by this
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 of life created by the proposed project. As previously
District 6
presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski properties. The front foot rate of$17.40 for the milling and resurfacing of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of $18.67. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
1)~ Q,~ ~
Vicki A Emery, CMAE 3 (j
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BU ILD ING C • MUSKEGON, Ml 49442
(231) 724-6386 • FAX (231) 724-1129
TTY {231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
January 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment dis,trict, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on JANUARY 27, 2004. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
January 16, 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:
WALNUT ST., WILCOX TO THOMPSON
The proposed special assessment district will be located as follows:
All parcels abutting Walnut St. from Wilcox St. to Thompson.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on JANUARY 27, 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 $31,000.00 of which
approximately 40. 78% ($12,641.10) 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-1576
WALNUT STREET, WILCOX ST. TO THOMPSON
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 infmmation 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 cmTent 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 information furnished in suppo1t of this application, is tme 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.
CITY OF MUSKEGON
STREET- H-1576
WALNUT STREET, WILCOX ST. TO THOMPSON
REQUEST FOR WAIYER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City rese111es the right to verify all application information, and to reject any applications that contain falsified information or insi!fficient
documentation.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By JANUARY 27, 2004
Project Title: WALNUT ST., WILCOX TO THOMPSON
Project Description: * MILLING & RESURFACING
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: 25 Feet
Estimated Front Foot Cost: $17.40 per Foot
ESTIMATED TOTAL COST $435.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 16 BLK 728
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 EITORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing thats special assessment district be created for the following projects:
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON A VE.
The specific locations of the special assessment districts and the prope1iies proposed to be assessed are:
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering 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 JANUARY 27, 2004 AT 5:30 P.M.
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT Tl-IE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DA VS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT TllJS HEARING
OR/\ T 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 MICHIG/\N TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: January 17, 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 1576
MILLING & RESURFACING HEARING DATE JANUARY 27, 2004
WALNUT ST., WILCOX TO THOMPSON
24-205-728-0016-00 LEGGETT MELVIN TRUST ASSESSABLE FEET: 25
2023 ADDISON ST COST PER FOOT: $17.40
@ 3339. WILCOX AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: ._I_ _$_4_3_5._00_,I
24-205-728-0015-00 LEGGETT MELVIN TRUST ASSESSABLE FEET: 50
2023 ADDISON ST COST PER FOOT: $17.40
@ 1852. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: ._I_ _$_8_7o_._oo_,I
24-205-728-0014-00 KOLBERG KIRK N ASSESSABLE FEET: 50
1860 WALNUT ST COST PER FOOT: $17.40
@ 1860. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: IL____$_8_70_.0_0__JI
24-205-728-0012-00 BAKKE LEON G/LINDA J TRUST ASSESSABLE FEET: 100
1872 WALNUT ST COST PER FOOT: $17.40
@ 1872. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,740.00 1
24-205-728-0011-00 GOFF SHIRLEY A ASSESSABLE FEET: 50
1880 WALNUT ST COST PER FOOT: $17.40
@ 1880. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST:\.__ _$_8_7_0._00_,I
24-205-728-0009-00 UNITED PENTECOSTAL CHURC ASSESSABLE FEET: 50.5
3320 THOMPSON AVE COST PER FOOT: $17.40
@ 3320. THOMPSON MUSKEGON Ml 49441 ESTIMATED P.O. COST: l'-----_$_8_78_._70_,I
24-205-729-0001-00 BLAKEMAN JOEL C ASSESSABLE FEET: 50
1847 WALNUT ST COST PER FOOT: $17.40
@ 1847. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: l'-----_$_8_7o_.o_o_.l
1/20/2004 Page 1 of2
MILLING & RESURFACING HEARING DATE JANUARY 27, 2004
WALNUT ST., WILCOX TO THOMPSON
24-205-729-0004-00 PENA JESUS R/EVA M ASSESSABLE FEET: 50
1851 WALNUT ST COST PER FOOT: $17.40
@ 1851. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: LI_ _$:_8_7o_.o_o__,I
24-205-729-0005-00 TORRESEN KATHLEEN L ASSESSABLE FEET: 50
1861 WALNUT ST COST PER FOOT: $17.40
@ 1861. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: LI_ _$.:.__8_7o_.o_o_JI
24-205-729-0006-00 ABBOTT CHRISTOPHER A ASSESSABLE FEET: 50
1867 WALNUT ST COST PER FOOT: $17.40
@ 1867. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: LI_ _$.:.__8_7_0._00_JI
24-205-729-0007-00 BULLION LOYD ASSESSABLE FEET: 50
1873 WALNUT ST COST PER FOOT: $17.40
@ 1873. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. cosr: LI_ _$.:.__8_7o_.o_o__,I
24-205-729-0008-00 SWENSON RICHARD C ASSESSABLE FEET: 100
1879 WALNUT ST COST PER FOOT: $17.40
@ 1879. WALNUT ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,740.00 1
24-205-729-0010-00 POOL GERARD N TRUST ASSESSABLE FEET: 51
3324 THOMPSON AVE COST PER FOOT: $17.40
@ 3324. THOMPSON MUSKEGON Ml 49441 ESTIMATED P.O. COST: LI_ _$:_8_87_.4_0__,I
SUM OF ASSESSABLE FOOTAGE: 726.50 SUM OF ESTIMATED P.O. COST: $12,641.10
TOTAL NUMBER OF ASSESSABLE PARCELS 13.00
1/20/2004 Page 2 of 2
H-1576 WALNUT ST., THOMPSON AVE. TO WILCOX AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
fgfil PERCENTAGE TOTAL NUMBER OF PARCELS-13
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER#ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 726.500 11 1873 WALNUT 24-205-729-0007-DD SD.DO 1 3339 WILCOX 24-205-726-0016-DO 25.00
12 1879 WALNUT 24-205-729-0008-00 100.00 2 1852 WALNUT 24-205-726-0015-00 50.00
FRONT FEET OPPOSED 175.00 24.09% 8 1851 WALNUT 24-205-729-0004-00 SO.DO 4 1872 WALNUT 24-205-728-0012-0D 100.00
RESPONDING FRONT FEET IN FAVOR 200.000 27.53%
NOT RESPONDING - FRONT FEET IN FAVOR 351.500 48.38%
TOTAL FRONT FEET IN FAVOR 551.500 75.91%
TOTALS 200.00 175,00
TABULATED AS OF: 05:04 PM
1/27/20045:04 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON WALNUT
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: JANUARY 27, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Terrace St., Iona to Peck
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Terrace St., Iona to
Peck, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $77,877.51 would be spread against the twenty three (23) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2004-ll(d)
Resolution Confirming Special Assessment Roll
For Terrace St. Iona to Peck
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 25, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Terrace St. Iona to Peck
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Spataro, Warmington, Ca1ter, Davis, Gawron, Larson, Shepherd
Nays: None
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 27, 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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on t_his date, being January 27, 2004.
City of Muskegon
Gail A Kundinger, MMC, City Cle
EXHIBIT A
Terrace, Iona to Peck
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Terrace from Iona to Peck
(see Attached Map)
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1559, TERRACE, IONIA TO PECK.
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 161h of Janua 20
SUBSCRIBED AND SWORN TO BEFORE ME THIS
daJ DAY OF fe_ /;c u tu~= , 2004.
~ ~- ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES ~t_-_o?_s:_-_o_c~ - - - -
Terrace St. Iona to Peck
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DA TE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
January 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
TERRACE, IONA TO PECK
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 27TH, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 27TH, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL(517-334-6521 ).
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $280,000.00 of which
$77,587.02 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $6709.5 based on 189 feet assessable front footage at $35.5 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $6709.5. Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $670.95 PER YEAR
Due Date: December 29th, 2003
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
-;n/~dt/JJ
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY OF MUSKEGON
STREET H-1559
TERRACE, IONA TO PECK
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 infonnation)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _ -_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# - -
'
INCOME INl!'ORMATJON '
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 he verified by CDBG staff)
OWNER'S SIGNATURE ..
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The prope1ty owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
~
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
TERRACE, IONA TO PECK
STREET H-1559
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
suppo1ting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application iriformation, and to reject any applications that contain falsified £,~formation or insufficient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICT
TERRACE ST., IONA ST. TO PECK ST.
The location of the special assessment district and the properties proposed to be assessed is:
• All parcels abutting Terrace St. from Iona St. to Peck St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on JANUARY 27, 2004 AT 5:30 P.M.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.111. and 5:00 p.m. on
weekdays, except holidays .
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO f!LE A WRITTEN APPEAL WITH THE MICHIGAN STA TE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are fw1her notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of this hearing is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Gail A. Kundinger, City Clerk
Publish: JANUARY 17, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 of TDD (23 I) 724-6773
I.:)"\1::t.1Lt
r· r• c l \.i1 L~•
c:. IJ
CITY OF MUSKEGON
CITY OF MUSKEGON Ml\!1 0 3 200:l
ResolutionNo. 2003 - 20
Resolution At First Hearing Creating Special Assessment District
For Terrace St. Iona to Peck
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 25, 2003 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 25, 2003, there were 2 s. 2 % 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 ~ssessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners shepherd and Warmington
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 23.12% 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, Warminton, Buie, Gawron, Larson, Schweifler, Shepherd
Nays None
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 25, 2003.
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 I 976.
CITY OF MUSKEGON
Dy 4tKQ,,,~~r
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Terrace, Iona to Peck
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 14TH DA~ BRUARY,2003.
~ . ~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
cl~ DAY OF ==h_._J..__ , 2003.
~~~ . ~ ! / .·
NOTAPUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES ~ - I "2:., ~ 0 S:
JOANN M. KRUKOWSKI
Notary Public - Michigan
Muskegon County
My Commiss ion Expires May 13, 2005
~~-~
H-1559 HEARING DATE JANUARY 27, 2004
TERRACE, IONIA TO PECK
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-221-0001-00 1080.0 TERRACE ST MUSKEGON HOUSIN 1080 TERRACE ST MUSKEGON Ml 49442 $6,709.50 $0.00 $6,709.50
24-205-219-0003-00 1036.0 TERRACE ST NN & B LLC 40 CONCORD AVE MUSKEGON Ml 49442 $4,686.00 $0.00 $4,686.00
24-205-219-0001-00 1.0 APPLE AVE WEIHL RONALD JR/J 1370 TIMBER TRAIL WHITEHALL Ml 49461 $3,159.50 $0.00 $3,159.50
24-205-239-0007-10 1205.0 TERRACE ST COON RANDAL L 1205 TERRACE MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-239-0008-00 1197.0 TERRACE ST RILLEMA LEE A 1420 PALMER MUSKEGON Ml 49441 $2,343.00 $0.00 $2,343.00
24-205-239-0009-00 1189.0 TERRACE ST HOVEY GERALD 6724 HALL RD MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-239-0010-10 1183.0 TERRACE ST FAUGHT CHARLES/P 1183 TERRACE ST MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-229-0005-00 1163.0 TERRACE ST FAITH TEMPLE CHU 1163 TERRACE ST MUSKEGON Ml 49442 $4,366.50 $0.00 $4,366.50
24-205-229-0010-00 55.0 DIANA AVE BETHANY CHRISTIA 11 05 TERRACE ST MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-227 -0006-00 1105.0 TERRACE ST BETHANY CHRISTIA 1105 TERRACE ST MUSKEGON Ml 49442 $6,709.50 $0.00 $6,709.50
24-205-220-0003-00 1088.0 PECK ST BETHANY CHRISTIA 1105 TERRACE MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-220-0007-00 1070.0 TERRACE ST SEIFERT TRUSTS H ONE NATIONAL CITY KALAMAZOO Ml 49009 $2,343.00 $0.00 $2,343.00
24-205-220-0001-00 1070.0 PECK ST SEIFERT TRUSTS H ONE NATIONAL CITY KALAMAZOO Ml 49009 $4,686.00 $0.00 $4,686.00
24-205-222-0001-00 1040.0 PECK ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $2,753.03 $0.00 $2,753.03
24-205-238-0004-00 1206.0 TERRACE ST MAY PROPERTY MA 3947 NORTON HILLS MUSKEGON Ml 49441 $2,343.00 $0.00 $2,343.00
24-205-238-0003-00 1194.0 TERRACE ST RISING STAR MISSIO 1194 TERRACE ST MUSKEGON Ml 49442 $4,100.25 $0.00 $4,100.25
24-205-238-0001-00 1182.0 TERRACE ST ROTTIER JAMES 895 APPLE MUSKEGON Ml 49442 $2,928.75 $0.00 $2,928.75
24-205-230-0003-00 1164.0 TERRACE ST WILLIS BONNIE 1164 TERRACE ST MUSKEGON Ml 49442 $4,686.00 $0.00 $4,686.00
1/28/2004
Page 1 of 2
H-1559 HEARING DATE JANUARY 27, 2004
TERRACE, IONIA TO PECK
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-230-0002-00 1148.0 TERRACE ST CLC PROPERTIES IN 17 E WHITE LAKE DR TWIN LAKE Ml 49457 $2,343.00 $290.48 $2,633.48
24-205-230-0001-00 1140.0 TERRACE ST BUCKNER IRMA 1140 TERRACE ST MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-226-0004-00 1122.0 TERRACE ST MAY PROPERTY MA 3947 NORTON HILLS MUSKEGON Ml 49441 $2,343.00 $0.00 $2,343.00
24-205-226-0003-00 1116.0 TERRACE ST HERMAN LOUISE 1116 TERRACE ST MUSKEGON Ml 49442 $2,343.00 $0.00 $2,343.00
24-205-226-0001-00 1102.0 TERRACE ST YOUNG GREGORY J 1102 TERRACE ST MUSKEGON Ml 49442 $4,686.00 $0.00 $4,686.00
TOTALS $77,587.03 $290.48 fil877.51
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
2)'j
DATE
1/28/2004
Page 2 of 2
City of Muskegon
City Manager's Office
Memo
To: Mayor Warmington and City Commissioners
From: Bryon L. Mazade, City Manager ,8/dJ
CC: Ric Scott
Tim Paul
John Schrier
Date: 01/27/04
Re: Lakeshore Basketball
Attached is an agreement between Lakeshore Basketball and the L.C. Walker Arena.
It has been executed by Lakeshore Basketball and will be executed by Tony Lisman.
I respectfully request your endorsement of the agreement at your meeting tonight.
The main issue that needed resolution had to do with the rent that Lakeshore would
pay. The agreement is that Lakeshore will pay $2,650 per game for games with
attendance of 2,500 or more and $2,800 per game with less than 2,500.
Another item that you should be aware of is a rumor that after the end of this contract
Lakeshore plans to play in a yet to be built facility north of the City (former Zephyr
site). Riverview Ventures is proposing a sports facility (story likely in the Chronicle
tomorrow) on the site that could include basketball courts. Lakeshore indicated today
that they may work out at that facility, but did not intend to play games there. I do not
think that issue should enter into the decision on the lease arrangement for the
arena, but I thought you should be aware of this situation.
I appreciate your consideration of this item with short notice and I am prepared to
answer questions you may have. Thank you.
• Page 1
LC. WALKER ..\Rf)IA LA.KE SHORE BASKETBALL LLC COl\"TRA.CT
' p
THIS AGREEMENT made and entered into thell._ day of J,.,,::<';?J , JO(Yj,
by
and between the L.C. Walker Arena and Conference Center (hereinafter referred to as
"/uena") of955 Fourth Street, Muskegon, ML 49440 and Lakeshore Basketball, LLC, a
Michigan corporation, 1050 West Western, Suite 310, Muskegon, ML 49441, (hereinafter
referred to as Lakeshore Basketball).
WITNESSETH:
\.\'HEREA.S, the city ofMuskegon,("City"), by itself and through its manager,
Arena Management Group, L.L.C., ("A.MG"), is the operator of the LC. Walker Arena
located at 955 Fourth Street at Western Avenue, Muskegon, County of Muskegon,
Michigan; and
WHEREAS, Lakeshore Basketball is organized for the purposes of promoting and
sponsoring league play of minor league professional basketball team; and
WHEREAS, the parties desire to enter into an agreement for the use of the
facilities operated by Al\1G;
IT IS, THEREFORE, AGREED THAT:
1. CSE OF PREMISE: Arena agrees that for the term of this agreement that
Lakeshore Basketball may utilize the Arena for professional basketball and related
basketball game activities as follows:
a. Fully equipped sports arena for playing professional basketball. Lakeshore
Basketball to provide all equipment necessary for its basketball games
including basketball floor, nets, scorers tables, shot clocks and/or other
equipment as may be required by the Continental Basketball Association
(CBA). Arena agrees to store as well as set up and tear down equipment as
necessary for the operation at the facility. Lakeshore Basketball to provide
and /or compensate for staffing at any pre-game event including amateur
basketball games, basketball camps, cheerleading camps or any other
event as may be approved by the Arena;
b. Operating public address system and lighting;
c. Seating facilities for spectators in arena area;
d. Two dressing rooms for basketball team use during basketball season from
9 A..'vl to 1 hour after game conclusion and lockable overnight storage if
necessitated for opposing teams equipment;
e. Sufficient officials' room, coaches' office, trainer's working area and
press box area which meet the requirements for CBA professional
basketball games. Lakeshore Basketball to be responsible for any required
equipment as well as any phone line or internet line charges;
f. Heat and air-conditioning at comfortable temperature;
g. Facility clean-up after games;
h. Secured storage within the ..\rena for promotional equipment ...\rea to be a
minimum of 100 sq. feet.
Lakeshore Basketball agrees to hold all of its league scheduled home games at the L.C.
Walker Arena with the exception of one (1) game which for execution purposes may be
played at another facility.
2. TERM OF AGREEMENT: This agreement shall be effective for a period of one
(I) year commencing on Nev. 1, 2co'-i, and ending on /Jov, 1,00:,.
3. COMPENSATIOK, FEES: Lakeshore Basketball shall pay to the Arena
compensation for its right to use the Arena upon the following schedule for all
games played (including playoff and exhibition games):
a) ..\rena Fees Per Game: S2800 when turnstile count is less than 2500; and S2650
when turnstile count is 2500 or higher.
b) Concession Revenues Lakeshore Basketball shall receive ten (10%) percent
of the net concession revenues received by the City from any concessionaire
generated during Lakeshore Basketball games. City shall provide an accounting
and day sale sum within seven (7) days of the game date. All remaining net
concession revenues shall belong to the City.
c) Maintenance Fee For all professional basketball games at any time
Lakeshore Basketball shall pay to the ..\rena the following maintenance fees:
Per Ticket Tickets Aoolicable
2004-2005 S.50 All tickets sold, whether
individual, group sales,
season tickets or anv other
tickets sold.
d) The ..\rena shall receive up to 15 complimentary tickets for admission to all
home games during the term of this agreement.
4. OTHER FACILITIES .-'L,1)/0R SERVICES PROVIDED:
a) Staffing: .A.rena shall in connection with the operation of the building provide at
no cost to Lakeshore Basketball the following staffing: ticket sellers, ticket takers,
door guards, ushers, security, maintenance staff, and repair assistant. Lakeshore
Basketball shall provide the following personnel for the operation of the
basketball game-medical services personnel, game officials, spot light operator,
organist and/or any other personnel required by the CBA.
Arena and Lakeshore Basketball will work together and each will use their best
efforts to create a user-friendly atmosphere which recognizes the importance of
each and every customer using the facility. The Arena and Lakeshore Basketball
shall cooperate to assure adequate training for all staff and personnel to enhance
the image of the County and City of Muskegon Community, L.C. ·walker Arena
and Lakeshore Basketball, LLC.
b) Box Office Charges The \\.alker Arena is part of the Michigan Ticket Master
system. From October 1 to May 1, the A.rena shall operate a full service box
office six (6) days a week, 10:00 a.m. to 5:30 p.m., and on Sunday event days.
Tickets shall be available to be purchased over the phone using VISA or
MasterCard. Lakeshore Basketball shall pay to the manager for the account of the
Arena fees for ticket master services as follows:
i) SO.OS for all tickets issued by the box office, and SO.25 for all outlet,
phone orders or internet tickets issued, payable to the City immediately
after the applicable gan1e or event.
ii) Bank charges for VISA and MasterCard sef\'ices. A,re;-', c"" le~~ pre 5 '> 1 'Cl'.;wvU'
c) Souvenir stand. Space on the concourse and /or arena floor for set up of team
souvenir stands. Location and size to be approved by the .J\.rena.
d) Parking. All staff, players and ovmers will be allowed parking access to the
arena lot immediately adjacent to the arena building along Shoreline Drive,
e) Music Services. Lakeshore Basketball shall be responsible for ASC.AJ', BMI,
and any other licensor of music, in connection with the operation of games. Such
licenses shall not include the use of music at events other than scheduled
basketball games.
5. PARKING FOR SEASO;\' TICK.ET HOLDERS: Lakeshore Basketball, LLC.
shall have the option to sell season ticket holders half price parking booklets good for
basketball games only. The wording on the booklets is subject to Arena approval.
Printing will be the responsibility of the Lakeshore Basketball, LLC. and all proceeds of
the sale books will be forwarded to the City. Such money is due within five (5) working
days of the regular season opening game.
6. ARE:'i'A A.DVERTISNGfPROGRAc\1 A._";1) NOVELTY SA.LES: Lakeshore
Basketball to sell and recei\'e 100% of the proceeds from the sale of program ads,
temporary banners, court stickers, scorers tables, shot clocks, quarter scoreboards,
promotions, hydro-rims, seat covers, kiosks, novelty sales, and any other activities related
to a CBA professional basketball game. All such advertising items and activities shall
require A.rena appro\·al. Temporary signage and kiosks must be remO\·ed and stored prior
to 5 A.'.\1 the next day. Further, Lakeshore Basketball may sell and retain 50% and ,\rena
shall retain 50% (after cost of production and sales commission) of all remaining
pennanent basketball signage.
7. SCHEDULNG AVAIL.\BILITY: Bv :\·larch 15 th 2004, .Arena will submit a list
of a\·ailable play dates during the basketball season to Lakeshore Basketball.
40 dates will be submitted. Included in these dates will be at least 12 Friday and1or
Saturdays nights.
Arena will utilize its best efforts to maintain good date availability for all play off dates
\vhich cannot be scheduled in ad\'ance of the season.
8. I:,'S1..JR},NCE ~",1) f:\l)EM?\lTY:
A. Lakeshore Basketball shall obtain and retain throughout the term of this lease
insurance coverage of and for all claims arising out of or resulting from
Lakeshore Basketball's use of the L.C. Walker .Arena, which co\'erage shall
include the following. Each policy shall contain the provision that no cancellation
shall be effective unless thirty (30) days adva,'lce written notice is given by the
carrier to the A.rena. All insurance polices shall name ·"'"'v!G, the City, the
:\1uskegon County Building Authority and Muskegon County as additional
insureds and loss payees:
i) Broad fonn comprehensive general liability insurance including:
(a) Premises/operations, (b) Products/Completed operations hazard,
(c) Broad fonn contractual, and (d) Personal injury.
This general liability insurance shall provide the following limits of
liability: S3,000,000.00 (S 1,000,000.00 primary and S2,000,000.00
umbrella).
ii) Comprehensive automobile liability insurance for all owned and non-
ovmed vehicles used on behalf of the Lakeshore Basketball in the amounts
not less than $1,000,000.00 for bodily injury and property damage, and
including loading and unloading hazards.
iii) \Vorker's compensation insurance providing statutory coverage for the
State of Michigan.
i\') Such additional insurance which City may reasonably require from time to
time.
v) Certificate of insurance in a form satisfactory to City of~1uskegon, the
County Building Authority and the County of Muskegon shall be filed
with the City at least thirty (30) days prior to the commencement of
Lakeshore Basketball use under this agreement.
B. Lakeshore Basketball agrees that it will indemnify and hold and save AsvfG, the
City of Muskegon, the County Building Authority and the County of Muskegon whole
and harmless of, from and against all claims, demands, actions, damages, loss, costs,
liabilities, expenses and judgments incurred by, recovered from or imposed on or against
them or any of them on account of any injury or damage to person or property to the
extent that any such darnage may be incident to, arise out of, or be caused, either
proximately or remotely, wholly or in part, by an act, omission, negligence or misconduct
on the part of the Lakeshore Basketball or any of its agents, servants, employees,
contractors, patrons, guests, licensees or by or of any other person entering upon the L.C.
Walker ,"'.rena with either the express or implied invitation or permission ofLakeshore
Basketball or when any such injury or damage is the result, proximate or remote, of the
violation by Lakeshore Basketball or any of its agents, servants, employees, contractors,
patrons, guests, licensees or invitees of any law, ordinance or governmental order of any
kind, or when any such injury or damage may in any other way arise from or out of the
occupancy or use by Lakeshore Basketball, its agents, servants, employees, contractors,
patrons, guests, licensees or of any portion of the L.C. Walker Arena. Such
indemnification of the above entities by the Lake shore Basketball shall be effective
unless such damage or injury results from the sole negligence of AJv!G, the City, County
Building Authority or the County of Muskegon. Lakeshore Basketball covenants and
agrees that in case AMG, the City, the County Building Authority or the County shall be
made a party to any litigation commenced by or against Lakeshore Basketball or relating
to this agreement or to the portion of the LC. \Valker .tu-ena subject to this agreement,
then Lakeshore Basketball shall and will pay all costs and expenses, including reasonable
attorneys' fees and court costs, incurred by or imposed upon them, their officers,
officials, agents, employees, volunteers, or attorneys by virtue of any such litigation.
9. RELEASE OF HAZARDOUS !\1A.TERIALS: The Lakeshore Basketball shall not
cause or allow the release of hazardous materials or pollution as defined by any local,
state or federal law or regulation to occur upon the premises. In the event of such release,
the Lakeshore Basketball shall be responsible for any and all costs, including clean up,
penalties, fines, or damages to third parties. The Lakeshore Basketball agrees to
indemnify it and hold harmless AJv!G, the City, the County Building Authority and the
County of Muskegon from any such exposures or costs.
10. PR.A.CTICE/TR..A.TI\TI\G C.A...v!P: Lakeshore Basketball team shall have da:,time use
of the arena for practices of three (3) hours per day between the hours of9 a.m. and 3
p.m. when no special event is scheduled in the arena provided the arena is in it's
basketball configuration.
11. LlA.BILITY/RESPO:'\SIBILITY: ,Vena assumes no responsibility whatever for any
property of Lakeshore Basketball placed in said building and arena is expressly relived
and discharged from any and all liability for any loss, injury, or damage to persons or
property that may be sustained during the effective date of this contract by reason of the
occupancy and operation of said building or any part thereof under this agreement.
12. DEFAULT: Lakeshore Basketball covenants that if any default is made in the
pa:,ment of fees or any part thereof at the time specified in this contract, or if any default
is made in any of the covenants or agreements herein contained, or ifLakeshore
Basketball cancels this agreement for any cause, the provisions of this contract shall
cease and terminate at the Arena's option, and Lakeshore Basketball may be put out of
the premises by appropriate legal proceedings. Further, and in addition, should the
Lakeshore Basketball be in default with regard to payments or fees due hereunder or
other default occur, the ,c\rena shall be allo\ved, without initiating legal proceedings
against Lakeshore Basketball and without verbal or written notice to take such money
from box office receipts due Lakeshore Basketball and to withdraw from and/or to be
relieved of the A.rena's responsibilities under this agreement. Upon default, Arena may
cease providing any or all services called from this agreement. Lakeshore Basketball
shall save the Arena harmless from any and all claims or actions for damages or
injunctions.
13. FEES ,!>...'\"D EXTRA SERVICES: Any sum due the Arena from Lakeshore
Basketball or any accommodations, extra services, material or cost of repair, shall be a
first lien on the box office receipts and on any property of the Lakeshore Basketball
which may be in the LC. Walker Arena and Conference Center.
14. CO:vfPLLA..."\'CE WITH LIQUOR LAWS: Lakeshore Basketball acknowledges that
all of the LC. Walker A.rena and Conference Center is a "licensed premises" under the
Michigan Liquor Control Act. Lakeshore Basketball covenants that it will not do or
permit to be done an:,1hing which will violate the terms and conditions of said Liquor
License or the regulations of the .'vfichigan Liquor Control Commission.
15. ENTRA1"\'CE: All articles, exhibits, fixtures, materials, displays, etc., shall be brought
into or out of the building at such entrances and exits as designated by the Arena
Operations Manager.
16. TERl\1NATION: The Lakeshore Basketball agrees upon the termination of this
agreement, it shall vacate the Arena leaving it in the same condition as it existed on the
date of this agreement except for the consequences of ordinary use and wear thereof and
damage by the elements or fire or other casualty.
17. RELATIONSHIP OF PARTIES: No provision of this Agreement herein contained
shall be construed by the parties or by any other person as one creating a partnership or
joint venture between the parties as to the use of the Arena by the Lakeshore Basketball
or as to the operation of the Lakeshore Basketball business in the Arena, it being the
intent of the parties that this Agreement is solely that of a contract for the use of a portion
of the premises owned by the City and kno\m as the L.C. \Valker A.rena and Conference
Center.
18. REYIOV Al OF PROPERTY: Personal equipment in connection with the Lakeshore
Basketball acti\'ities belonging to the Lakeshore Basketball shall be removed from the
Arena at or before the termination of this Agreement. Said property shall not include
advertising facilities, fixtures, locker room or arena equipment, non-removable signage,
ad\'ertising or messages, scoreboards, tables, platforms, benches, seating or any property
except the personal belongings of the Lakeshore Basketball and its personnel. All such
excepted property shall be and is the property of the ..\rena and shall be remo\'ed from the
building.
19. Nl.J:-.1BER OF PATRO?\S: Lakeshore Basketball shall fully cooperate with Arena
and shall not cause to be admitted to the premises a larger number of persons than the
rated capacity of the individual areas hereby leased. Maximum capacities shall be
established as mandated by the City of Muskegon Fire Departments.
Capacities may be reduced due to setups or obstructions.
20. Pl.o"BLIC AREA OBSTRliCTIOl'-iS PROHIBITIED: No portion of the sidewalks,
ramps, entries, corridors, passageways, vestibules, halls, lobbies, stairways, aisles, or
access to public utilities of the L.C. Walker ..\rena and Conference Center shall be
obstructed by Lakeshore Basketball or used for any purposes other than for ingress or
egress from the leased premises.
21. Pu13LIC S.A.FETY: Lakeshore Basketball agrees that at all times they will conduct
their acti\·ities with full regard to public safety, and will observe and abide by all
applicable regulations and requests by the Arena and duly authorized governmental
agencies responsible for public safety.
22. FLA.c\1\1/illLE MA. TERIALS: Materials used for decorative purposes must be
treated with flame proofing and approved the Muskegon Fire Department. Nor shall
Lakeshore Basketball without written consent of the Building Manager and approval of
the appropriate City official, such as the fire marshal, building inspector, or other
appropriate official, place or operate any engine or motor or machine on the premises, or
use oils, burning fluids, kerosene, propa.'1e, or gasoline, or any other flammable chemical
for mechanical or other purposes.
23. CO1'.l)JTJON OF PRE:v!ISES: The Lakeshore Basketball shall have examined the
premises prior to the execuiion of this Agreement and are presumed to be satisfied with
the physical condition of the premises. The Lakeshore Basketball by entering into this
Agreement and the usage of the Arena, agrees that the premises is in a safe, sanitary
conditions, and in good repair.
24. PERJvfITS, LICE:\'SES ..\.c"\TI COP'{RIGHTS: Lakeshore Basketball agrees to obtain
and pay for al necessary pennits and licenses requited by Federal, State or local laws.
Lakeshore Basketball warrants that all copyrighted material to be performed has been
duly authorized or licensed by the cop, Tight owners or 1their representatives and agrees to
indemnify and hold hannless A:'vfG, the City, County Building Authority and County of
Muskegon from any and all claims, losses, expenses, including legal fees, which might
arise from any such pennits, licenses and copyrights.
25. RIGHT TO I!\'SPECT: ..\Jena reserves the right to inspect and con;rol all events being
held on premises.
26. COMPLLA..c'\iCE WITH LAW: Lakeshore Basketball shall not conduct, or permit to
be conducted on the premises, any perfonnance or activity which either by speech, song,
music, or other conduct, is in violation of the laws of the United States, the State of
Michigan, or the rules and regulations of the LC. Walker ..\Jena and Conference Center.
27. ASSIG?\1v!ENT: The parties understand that all the Arena's duties under this
agreement may be performed by the City or its Manager retained under a separate
operations management agreement. Lakeshore Basketball agrees to look for the Manager
for all City responsibilities.
28: UNAVAILABILITY OF FACILITIES: In the event that the facilities herein rented or
any portion thereof are not available for occupancy upon commencement or during the
term of this Agreement due to fire, casualty, acts of God, strikes or national emergency or
other cause beyond the control of the Arena, this permit and the obligations of the
Lakeshore Basketball and the Lakeshore Basketball herein shall terminate. The
Lakeshore Basketball hereby waives any claim against the City for damages by reason of
such termination.
29. BREACH OF AGREEMEJ\'T: In the case of the breach of any one or more of the
terms of this Agreement by Lakeshore Basketball right to the use of the premises shall
terminate without notice or demand. Upon the termination of this Agreement, Lakeshore
Basketball agrees to vacate the premises immediately. The panies agree that the City
and/or manager is in full control of the premises and may refuse admission to or put out
any person including Lakeshore Basketball for good cause. No action by the City or
manager under the paragraph shall cause forfeiture of any fees or payments due the
Arena.
30. BINDING EFFECT: Each and every term of this contact shall be binding upon the
parties and their successors and assigns, and cannot be varied or waived by any oral
representations or promise of any agent or other person of the parties hereto, unless the
same be in wTiting and mutually signed by the duly authorized agent or agents who
executed this.
31. LEGAL CO~STRUCTIO:'i: The Agreement shall be go\·emed by the laws of the
State of Michigan.
32. E:'.'TTIRE AGREE\.fEl\T: The parties hereto agree that all of their agreements are
fully set forth herein and that no oral statement or representations of any kind have been
made upon which either party shall have the right to reply. This shall not limit the Arena
from imposing any reasonable additional rules or regulations which may be necessary in
the best interest of the operations of the facilities.
IN WJT01'ESS \\'HEREOF, the Arena and Lakeshore Basketball have caused this
indenture to be executed the day and year first above written.
W!Th'ESSES:
?~~ _l;i/PJ'a'JC
1iwryCtwJ1-0-0~
Commission Meeting Date: January 27, 2004
Date: January 20, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department ~ , (:, •
RE: Approval of Resolution to sell 1938 Hoyt
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the transaction between Ms. Shawntaine Watson and the City
of Muskegon for the purchase of the newly constructed home at 1938
Hoyt for the purchase price of $107,500 with a subsidy of $26,000.
The CNS office obtained the property at 1938 Hoyt through a donation
from the previous owner. After gaining ownership of the property the
CNS office demolished the original structure that had been severely
damaged in a fire. Twenty feet of the original parcel was sold to each
adjoining neighbor before construction on the new house was begun.
FINANCIAL IMPACT: The HOME fund will receive approximately
$78,000 of program income
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the
Mayor and Clerk to sign the quitclaim for the sale of the property.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
approved the project.
MUSKEGON CITY COMMISSION
Resolution No. 2004-13(a)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 1938 Hoyt
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the new constructed single-family home located at 1938 Hoyt
to Shawntaine Watson for the price of $107,500.
Adopted this 27th day of January, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
By ~=~...::.......~=-=---==-=--=....::::::i.=~
Gail A. Kundinger, City Clerk
CERTIFICATION
2004-B(a)
This resolution was adopted at a regular meeting of the City Commission, held on
January 27, 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_~
-a-il=A~
~ , .~K-uo=nd_i_n~-e-,?-MM-=---c~,~~i=ty~d~·~=
er_k_ _
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: Ms. Shawntaine Watson, of Muskegon, Michigan
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
City of Muskegon Terrace Street addition N'30 Lots 18 & all of Lot 19 and Lot 20 Excluding N 20 FEET
BLOCK3
for the sum of One Hundred Seven Thousand Five Hundred ($107,500.00)
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 _ _ day of _ _ _ _ _ _ _ _~ 200_.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ __
Stephen J. W annington, Mayor
and _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instmment was acknowledged before me this _ _ day of _ _ _ _ _~ 200~ by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: _ _ _ _ _ __
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
Commission Meeting Date: January 27, 2004
Date: January 15, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c./6C-
RE: Grocery Board Alliance Resolution of Support
SUMMARY OF REQUEST:
The Grocery Board is aware that in order to successfully locate a grocery in the
downtown it is necessary to have the support of the City Commission. The Grocery
Board is also aware of budget constraints at the City at this time and is not requesting
monetary support from the City. They do, however, at this time request staff and in-
kind support to the Grocery Board as they continue in their efforts to bring a grocery
store to the downtown.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and authorize both the Mayor and Clerk to sign the
said resolution.
COMMITTEE RECOMMENDATION:
1/15/2004
Memorandum
To: Mayor and City Commission
From: Lonna Anguilm, Assistant Planner
Date: 01/15/04
Re: Support for Downtown Grocery Store
Support for Downtown Grocery Store
The Grocery Board has requested that staff prepare, and present to the City
Commission a resolution which affirms the City Commission's commitment to
working with the grocery board to continue efforts to locate a grocery store in the
downtown area.
Background
The Downtown Muskegon Improvement Alliance, AKA Grocery Board, has been
working for a number of years on locating a grocery store in the downtown area.
Approximately two years ago, the Grocery Board was awarded a $50,000 MSHDA
grant through the Muskegon Area Community Foundation. This money was
intended to enhance efforts to locate a grocery store in the downtown. While a
potential site has been identified, as well as a potential operator, at this point the
grocery board has not been successful in identifying a developer/investor.
Because of this situation, the Grocery Board has decided that it is in the best interest
of the community as a whole to return this money to the Community Foundation,
until a viable grocery store project is identified. The grocery board fully intends to
re-apply for this $50,000 when it appears they are closer to getting a project off the
ground.
The Grocery Board is very cognizant that in order for a grocery store to be
successful in the downtown, they will need the support of the City Commission.
The Grocery Board is also very aware that due to current budget constraints, the
City cannot offer monetary support for such a project. Therefore, at this time the
Grocery Board has requested that the issue of a downtown grocery store be brought
before the City Commission for discussion, and that you consider the attached
resolution.
Resolution No. 2004-13(b)
MUSKEGON CITY COMMISSION
RESOLUTION OF SUPPORT FOR A MUSKEGON GROCERY STORE
WHEREAS, the City of Muskegon's Muskegon Community Development Alliance, a.k.a. the
Grocery Board, has been working diligently for several years to establish a grocery store in the
downtown area; and
WHEREAS, a grocery store would compliment and enhance other ongoing redevelopment
efforts in the downtown; and
WHEREAS, the establishment of grocery store in the downtown area would benefit a large
population of seniors and low-income residents, as well as all other residents in the adjacent
neighborhoods; and
WHEREAS, the Grocery Board has faced many obstacles in meeting this goal; and
WHEREAS, the Grocery Board continues to seek an investor for the grocery store.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon continues to offer staff and
in-kind support to the Grocery Board as they continue in their efforts to establish a grocery store
in the downtown area.
Adopted this 27th day of January, 2004
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: None
Absent None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michiz
an a:
regular
meeting held on January 27, 2004. ~ .
By: ~ r
Gail Kundinger,lerks
Commission Meeting Date: January 27, 2004
Date: January 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development W6 l,
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 order to change the regulations regarding nonconforming
signs, signs for multi-suite buildings, signs for buildings on corner lots and signs for
waterfront properties.
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.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 1/15 meeting.
The vote was unanimous with T. Harryman absent.
1/16/2004
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR l'vfEETING
Janmuy 15, 2004
Hearing; Case 2004-5: Staff-initiated request to amend Section 2334 (Signs) of the Zoning
Ordinance regarding nonconforming signs, signs for multi-suite buildings, signs for buildings
on corner lots and signs for waterfront properties.
BACKGROUND
Staff has looked into the sign ordinance issues discussed at the December meeting and has several
proposed amendments for discussion. Each is explained below with the proposed ordinance changes
shown in italic (text proposed for deletion is in striketarough).
Nonconforming Signs
The wording change discussed at the December meeting is being inc01porated into the language for
nonconf01ming signs. The intent of this change is to allow nonconforming signage to be maintained
and/or replaced as long as it does not become more nonconf01ming than it was previously. Signage
which either remains at the same level of nonconf01mity, becomes less nonconfotming or which
conforms to the ordinance requirements will be allowed to be removed in order to be maintained or
replaced.
Excerpted from Section 2331 (Signs):
12. Existing Nonconforming Signs:
It is the intent of this subsection is to permit the continuance of a lawful use ofany conforming sign existing at the
effective date of adoption of this section, although such sign may not conform with the provisions of this Section.
It is the intent that nonconforming signs shall not be enlarged, expanded or extended. Fmther, it is the intent that
nonconforming signs and shall be gradually eliminated and terminated upon their complete natural deterioration or
accidental destruction. Howevet~ nonconforming signs may be repaired and maintained so as to continue the
usefid life ofthe sign. The continuance ofall nonconforming signs within the City shall be subject to the following
requirements:
a. Status: The burden of proving a sign is a legally nonconforming sign shall rest with the person claiming
such status for the sign.
b. Structural Changes: The frame faces, supports, or other pmts of any nonconforming sign shall not be
structurally changed, altered, substituted, or enlarged unless the resultant changed, altered, substituted, or
enlarged sign besemes less does not become more nonconfonning or conforms to the provision of this
Ordinance. Any nonconforming sign, biilboard or portion thereof may be diminished in size or
dimension without jeopardizing the privilege of nonconforming use.
C. Deshuction: See Section 2203, Restoration and Repair ofNonconforming Structures.
d. Removal: If the building official, zoning administrator or their authorized representative of the city
2
determines that any sign regulated by this section is unsafe or constitutes a hazard to the public, such as
obstrncting vision of vehicle drivers or pedestrians, or has been constructed, erected or maintained in
violation of the provisions of this section, after due notice, the official or inspector may remove the sign
or require its immediate removal. Any expense incurred by the city incidental to the sign removal shall
be paid by the sign owner, ownerof the property where the sign is located, or other patty having control
over said sign.
Any sign placed or erected in a public street, alley or right-of-way or other public place, which is not
specifically permitted in such place, shall be deemed an unlawful sign and the department of the city
having jurisdiction over the maintenance of such public place shall remove such sign. Such removal
may be without written or other notice to the owner, lessee or person of the property adjacent to the
public sn·eet, alley, right-of-way, or other public place upon which the sign is located.
Multi Suite Buildings
Staff recognizes that multi suite buildings where not evety suite has direct access to the outside are
unique in terms of their signage needs. Those interior suites without outside access are at a
disadvantage compared to the other suites. Due to the unique nature of these buildings, staff feels that
it would be more practical and reasonable to review and address signage for these buildings on a case-
by-case basis as patt of the site plan review. In general, signage for this type of building has been left
up to the building owner/manager to admiuister - to decide which businesses get how much of the
property's allotment. Staff is proposing changes to the sign ordinance which would guarantee signage
for each suite, but would allow staff to review the signage needs at the time that site plait review is
applied for, based on the number of suites proposed for the building. This approach should
accomplish several things.
1. By guaranteeing in the ordinance that every suite will have both wall and free-standing signage
available, businesses who are looking to locate in this type of business will lmow that their
minimum signage needs will be met, regardless of the other signage already in place on the
building at the time.
2. By allowing signage needs for this type of building to be looked at on a case-by-case basis, staff
will be able to work with the property owner or developer to ensure that the spirit and intent of the
sign ordinance is met, while still meeting the signage needs for the potential businesses locating in
the building. Staff is proposing signage maximums for these buildings so that the Zoning
Administrator won't have authority to permit an unlintited amount of signage.
The proposed language addressing these changes is below. A new #11 would be inse1ted into Section
2331 (Signs) and the previous #11 would be renumbered to #12.
11. Multi-Suite Buildings
a. In the case ofa building divided into more than one suite, where not eve1y suite has
direct access and exposure to the outside, this ordinance recognizes that signage
needs are unique.
b. As part ofthe site plan review for these buildings, the Zoning Administrator will work
with the applicant to determine the most reasonable and practical use ofsignage for
the site. Each suite, regardless ofsize, access or exposure, is guaranteed space for
3
both wall signage andfree-standing signage, with the amount ofsignage to be
determined during the site plan review process. In the case ofan existing multi-suite
building which would not otherwise require a site plan review, a minor site plan
review will be required in order to determine signage needs and allotment.
c. The Zoning Administrator may allow free-standing and wall signage in addition to
what is already allowedfor these properties, as long as not more than three (3) total
free-standing signs are permitted and wall signage ofnot more than a total a/twenty
percent (20%) ofthe swface area ofthe commercial portion ofthefi"ont buildingjace
is allowed
d Wall, Awning or Braque/ Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roofline or
cornice. No wall sign shall interrupt or conceal the architectural details ofa building.
A sign attached to a mansard shall be considered a wall sign.
e. Free-Standing Signs:
i. Placement: Placement ofall free-standing signs permitted on the site will be
determined by the Zoning Administrator. The leading edge ofthe sign must be
out ofthe public right-ofway. Signs must be a minimum of JO feet from a
neighboring sign.
ii. Ground clearance: Ground clearance shall accommodate clear vision needs
ofthe site.
iii. Allfree-standing signs will be required to comply with Table II
Corner/Parallel Frontage Lots and Waterfront Prope1ties
Corner and parallel frontage lots are somewhat unique in nature, since they generally have added
street exposure as compared to lots with only a single frontage. The ordinance recognizes this by
allowing these lots (in ce1tain zoning districts) to have more than one free-standing sign, as long as the
frontages are on more than one major street. Staff feels that this may be somewhat restrictive, as
many more properties are located at the intersection of a major street and a minor street than at the
intersection of two major streets. The only area in which two major streets run parallel to each other
where a lot could have double frontage on both is on Muskegon and Webster Avenues.
Staff is proposing to allow prope1ties with either corner or parallel frontage on at least one major
street to have an additional free-standing sign, provided that the frontages add up to at least 500 linear
feet. This will allow flexibility for larger properties located on corners or with parallel frontages.
Staff is also proposing to change the requirements for wall signage for these properties as well, and
allow prope1ties with either corner or parallel frontage on at least one major street to have additional
wall signage, as cmrnntly permitted for those prope1ties with such frontage on more than one major
street. The signage requirements for properties which are not located on any major streets would not
change.
4
Waterfront properties are unique in nature as they not only have street frontage, but also have frontage
on Muskegon Lake. With increased boat traffic on the lake, especially with the cross-lake ferry
stmting up in June, staff recognizes that properties fronting on the lake have unique needs in terms of
signage. Therefore, staff is proposing to allow properties with frontage on Muskegon Lake that are
zoned for other than residential to have 2 free-standing signs instead of one. This is similar to the idea
of a property with parallel frontage on two major streets, which the ordinance already permits similar
signage for. The size and height of free-standing signage is based upon the mnount of street frontage
the prope11y has. This would remain the smne for waterfront properties, except that the street frontage
would also be used to determine the size and height for the waterfront sign as well. In general, a
waterfront property which has a lm·ger mnount of street frontage also has a comparatively larger
mnount of lake frontage and vice versa. Staff feels that this is a reasonable approach to recognizing
the unique signage needs of these prope11ies.
The proposed language is below:
7. Permitted signs in the B-2, B-3, B-4, B-5, 1-1, and 1-2 zones:
a. Scope: Signs shall pe1tain exclusively to the business cmried on within the building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be permitted.
C. Number: One monument, or pole sign is permitted per prope1ty, regardless of the number of businesses
there, except that one additional freestanding sign may be erected per road frontage when the
development has parallel frontage on mor@ thaa at least one major street or comer frontages on at least
one major streets, totaling over 500 linear feet. Properties withfi·ontage on Muskegon Lake are
permitted an additional monument or pole sign on the-waterji·ontage only.
d. Wall, Awning or Brague! Signs, Size: Signs shall not exceed ten (IO) percent of the surface area of the
commercial portion of the front building face and may be placed on any wall. In the case where the
building is overone hundred feet (JOO') from the road, this allottnentmay be 15% of the front face of the
storefront. In the case where the building is over 300 feet from the road, this allottnent may be 20% of
the front face of the storefront. In the case where the property has parallel ji-ontage on at least one
major sh·eet or cornerfi·ontage on at least one major street, this allotment may be 15% ofthe .ft·ontface
ofthe storeji-ont.
e. Wall, Awning or Brague! Signs, Placement: Signs shall be placed against the principal building or on a
canopy. Signs shall not project above the roof line or cornice. No wall sign shall interrupt or conceal the
architectural details of a building. A sign attached to a mansard shall be considered a wall sign.
f. Changeable copy or electronic message boards: Shall be pennitted provided:
i. One changeable or electronic message board shall be permitted per premise.
ii. Changeable copy boards shall be part of a fixed, permanent sign and shall have rigid letters.
iii. Electronic message boards shall be dimmed at dusk.
iv. Electrnnic message board suppmts shall be at least seventy-five (75) feet from any residential
use or zone.
g. Free-standing signs:
5
i. Setback: The leading edge of the sign must be out of the public right-of-way. Signs must be a
minimum of 10 feet from a neighboring sign.
ii. Ground clearance: Ground clearance shall accommodate clear vision needs of the site.
iii. Area and Height: All signs shall comply with Table II.
8. Permitted signs in the B-1, Waterfront Marine Zone, Open Space Conservation, Open Space Recreation,
Lakefront Recreation and Heritage Districts:
a. Scope: Signs shall pertain exclusively to the business carried on within the building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be permitted.
C. Number: One monument sign is pennitted per property regardless of the number of businesses there.
Properties withfi-m1tage on Muskegon Lake are permitted an additional monument orpo!e sign on the
·water ji·ontage only.
d. Wall, Awning or Braguet Signs, Size: Signs shall not exceed ten (IO) percent of the smface area of the
commercial pmtion of the front building and may be placed on any wall. In the case where the building
is overone hundred feet (!00') from the road, this allotment may be 15% of the front face of the
storefront. In the case where the building is over 300 feet from the road, this allobnent may be 20% of
the front face of the storefront. In the case where the property has parallel fi·ontage on at least one
major street or cornerji'ontage on at least one major street, this allotment may be 15% ofthe fi·ontface
ofthe storefront.
e. Wall, Awning or Brague! Signs, Placement: Signs shall be placed against the principal building or on a
canopy. Signs shall not project above the roof line or cornice. No wall sign shall interrupt or conceal the
architectural details of a building. A sign attached to a mansard shall be considered a wall sign.
f. Changeable copy or message boards: Shall be pmt of a fixed, peimanent sign and shall have rigid letters.
Elecn·onic message boards are prohibited.
g. Free-standing signs:
i. Setback: The leading edge of the sign must be out of the public right-of-way. Signs must be a
minimum of IO feet from a neighboring sign.
ii. Clear vision: Signs shall not obstmct clear vision requirements for motorists.
iii. Area and height: Signs shall comply with the area requirements of Table II and shall not
exceed eight feet (8') in height.
6
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2121
An ordinance to amend Section 2334 (Signs), of Article XXIII (General Provisions) of the City's
Zoning Ordinance to permit address regulations for nonconforming signs, signs for multi-suite
buildings, signs for buildings on corner lots and signs for waterfront properties.
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 allow nonconforming signs to be repaired and maintained as long as
they do not become more nonconforming:
13. Existing Nonconforming Signs:
It is the intent of this subsection is to permit the continuance of a lawful use of any conforming
sign existing at the effective date of adoption of this section, although such sign may not
conform with the provisions of this Section. It is the intent that nonconforming signs shall not
be enlarged, expanded or extended. Further, it is the intent that nonconforming signs and shall
be gradually eliminated and terminated upon their complete natural deterioration or accidental
destrnction. However, nonconforming signs may be repaired and maintained so as to continue
the useful life of the sign. The continuance of all nonconfmming signs within the City shall be
subject to the following requirements:
e. Status: The burden of proving a sign is a legally nonconforming sign shall rest with
the person claiming such status for the sign.
f. Strnctural Changes: The fran1e faces, supports, or other parts of any nonconforming
sign shall not be strncturally changed, altered, substituted, or enlarged unless the
resultant changed, altered, substituted, or enlarged sign does not become more
nonconforming or conforms to the provision of this Ordinance. Any nonconforming
sign, billboard or portion thereof may be diminished in size or dimension without
jeopardizing the privilege of nonconfom1ing use.
Section 2334 (Signs), of Article XXIII (General Provisions) of the Zoning Ordinance of the City of
Muskegon is hereby amended to regulate signage for multi-suite buildings where not every suite has
direct access and exposure to the outside. This new # 11 is added to the ordinance and the former# 11
(Nonconfmming Signs, above) is renumbered to #12.
12. Multi-Suite Buildings
In the case of a building divided into more than one suite, where not every suite has direct
access and exposure to the outside, this ordinance recognizes that signage needs are unique.
As part of the site plan review for these buildings, the Zoning Administrator will work with
the applicant to determine the most reasonable and practical use of signage for the site. The
intent of this ordinance is that each suite, regardless of size, access or exposure, is reasonably
afforded space for both wall signage and free-standing signage, with the amount of signage to
be determined during the site plan review process. In the case of an existing multi-suite
building which would not otherwise require a site plan review, a minor site plan review will be
required in order to detennine signage needs and allotment.
f. Number: The Zoning Administrator may allow free-standing and wall signage in
addition to what is already allowed for these properties, as long as not more than three
(3) total free-standing signs are permitted and wall signage of not more than a total of
twenty percent (20%) of the surface area of the commercial portion of the front
building face is allowed.
g. Wall, Awrting or Brague! Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roof line or
cornice. No wall sign shall inte1rnpt or conceal the architectural details of a building.
A sign attached to a mansard shall be considered a wall sign.
h. Free-Standing Signs:
iv. Placement: Placement of all free-standing signs permitted on the site will be
dete1mined by the Zoning Administrator. The leading edge of the sign must
be out of the public right-of-way. Signs must be a minimum of 10 feet from a
neighboring sign.
v. Ground clearance: Ground clearance shall accommodate clear vision needs of
the site.
vi. All free-standing signs will be required to comply with Table II.
Section 2334 (Signs), of Article XXIII (General Provisions) of the Zoning Ordinance of the City of
Muskegon is hereby amended to regulate signage for lots with comer frontage, parallel frontage or
water frontage as stated below:
9. Permitted signs in the B-2, B-3, B-4, B-5, 1-1, and 1-2 zones:
h. Scope: Signs shall pertain exclusively to the business carried on within the building.
1. Lighting: Signs may be illuminated, but no flashing or moving illwnination shall be
permitted.
J. Number: One monwnent, or pole sign is permitted per property, regardless of the
number of businesses there, except that one additional freestanding sign may be
erected per road frontage when the development has parallel frontage on at least one
major street or corner frontages on at least one major street, totaling over 500 linear
feet. Properties with frontage on Muskegon Lake are permitted an additional
monwnent or pole sign on the water frontage only.
k. \Vall, Awning or Braguet Signs, Size: Signs shall not exceed ten (10) percent of the
surface area of the commercial pmiion of the front building face and may be placed on
any wall. In the case where the building is over one hundred feet (I 00') from the road,
this allotment may be 15% of the front face of the storefront. In the case where the
building is over 300 feet from the road, this allotment may be 20% of the front face of
the storefront. In the case where the property has parallel frontage on at least one
major street or corner frontage on at least one major street, this allotment may be 15%
of the front face of the storefront.
I. Wall, Awning or Braguet Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roofline or
cornice. No wall sign shall interrupt or conceal the architectural details of a building.
A sign attached to a mansard shall be considered a wall sign.
m. Changeable copy or electronic message boards: Shall be pe1mitted provided:
v. One changeable or electronic message board shall be permitted per premise.
vi. Changeable copy boards shall be part of a fixed, pennanent sign and shall
have rigid letters.
vii. Electronic message boards shall be dimmed at dusk.
viii. Electronic message board suppmis shall be at least seventy-five (75) feet from
any residential use or zone.
n. Free-standing signs:
iv. Setback: The leading edge of the sign must be out of the public right-of-way.
Signs must be a minimum of 10 feet from a neighboring sign.
v. Ground clearance: Ground clearance shall accommodate clear vision needs of
the site.
vi. Area and Height: All signs shall comply with Table II.
10. Permitted signs in the B-1, Waterfront Marine Zone, Open Space Conservation, Open
Space Recreation, Lakefront Recreation and Heritage Districts:
h. Scope: Signs shall pertain exclusively to the business carried on within the building.
1. Lighting: Signs may be illuminated, but no flashing or moving illumination shall be
permitted.
J. Number: One monument sign is permitted per property regardless of the number of
businesses there. Properties with frontage on Muskegon Lake are permitted an
additional monument or pole sign on the water frontage only.
k. Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of the
surface area of the commercial po1tion of the front building and may be placed on any
wall. In the case where the building is over one hundred feet (I 00') from the road, this
allotment may be 15% of the front face of the storefront. In the case where the
building is over 300 feet from the road, this allotment may be 20% of the front face of
the storefront. In the case where the property has parallel frontage on at least one
major street or corner frontage on at least one major street, this allotment may be 15%
of the front face of the storefront.
1. Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roofline or
com.ice. No wall sign shall intenupt or conceal the architectural details of a building.
A sign attached to a mansard shall be considered a wall sign.
m. Changeable copy or message boards: Shall be part of a fixed, pennanent sign and
shall have rigid letters. Electronic message boards are prohibited.
n. Free-standing signs:
iv. Setback: The leading edge of the sign must be out of the public right-of-way.
Signs must be a minimum of 10 feet from a neighboring sign.
v. Clear vision: Signs shall not obstruct clear vision requirements for motorists.
vi. Area and height: Signs shall comply with the area requirements of Table II
and shall not exceed eight feet (8 ') in height.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington,
Carter, and Davis
Nayes: None
Adoption Date:
- - -Januar y 27, 2004
- -~~---- - - -- - - - - -
Effective Date: February 13, 2004
- - - - - - - - - = - - - - - - - - - -- - - -
First Reading: January 27, 2004
--------=-----'---------- - -
Second Reading: N/ A
- - - - - - - - - - - - - - -- - --
CITY OF ~SKEGO~ I
By: a.~~ '
Gail A. Kundinger, MMC, Ci Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a tlue 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
27th day of January, 2004, at which meeting a quornm 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: January 27 , 2004.
Gail A Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 27, 2004, the City Conunission 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 address signage changes for nonconfmming signs (to allow them to be repaired or
maintained as long as they do not become more nonconforming), signage for multi-suite buildings
where every suite does not have direct access or exposure to the outside, and signage changes for lots
with comer, parallel or water frontage.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published r:; /2ar105,,it , 3 ,2004 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
12
Commission Meeting Date: January 13, 2004
Date: January 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development q3C
RE: Rezoning request for City-owned property located at the NE
comer of Getty St. and Marquette Ave.
SUMMARY OF REQUEST:
Request to rezone property owned by the City, located at the NE corner of Getty St.
and Marquette Ave. from RM-1, Low Density Multiple-Family Residential, B-1, Limited
Business and OSC, Open Space Conservation to entirely R-1, Single-Family
Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/11
meeting. The vote was unanimous.
1/16/2004
City of Muskegon "
Planning Commission w❖,
Case #2003-45
II o.sc
- = Subject Property(ies)
osc
.-kt 0 = Notice Area
~2 RM-1
R-1 = Single-Family Residential
Fi11/1-1 = Low Density Mu!tip!e-Fami~y Residential
Ji
JIiii ! !
I! k "'
ry II
B-1 = Limited Business
1-2 = General !ndustrial
OSC = Open Space Conservation
RM.1
..... __ '" ' } f I '. I I I
.-,Ill. r I 1111 1
RM-1
JAtAl:SAV
If
RM-1
i I 11 'I II 111
11 I I
700 0 700 1400 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 11, 2003
Hearing; Case 2003-45: Staff-initiated request to rezone a portion of City-owned property at the
northeast corner of Getty St. and Marquette Ave. from RM-1, Low Density Multiple-Family
Residential to R-1, Single-Family Residential.
BACKGROUND
1. This request includes an odd-shaped parcel owned by the City. The specific corner of Getty St. and
Marquette Ave. is cmrnntly zoned B-1, Limited Business. The area to the north and east is zoned RM-1,
Low Density Multiple-Family Residential. There is also a portion to the north cmrnntly zoned as OSC,
Open Space Conservation as well. This request excepts two privately-owned parcels on Marquette
Ave., which will remain zoned for multi-family.
2. The subject property has been discussed in detail over the past year or two. A Request for Proposals
(RFP) was sent out in 2002 for development of this prope1ty and three proposals were received. One of
the proposals received was selected by the City Commission but has never proceeded. The Planning
Commission identified this area on their 2003 Workplan as an area they would like to see rezoned to
Single-Family Residential.
3. The Future Land Use Map shows the subject property to as "Public/Quasi Public", "Open Space" and
"Single & Two-Family".
4. The Master Land Use Plan states:
• It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while setting
aside small segments suitable for commercial and industrial uses in a highly compatible, non-
threatening, fashion.
• Single-family homes are found throughout the sub-area including many new homes located in the
Marquette neighborhood. They range from well to poorly maintained dwellings. Sub-Area 12 has
the highest concentration of homes experiencing significant site deterioration. A vmiety of schools
and churches are interspersed throughout and compliment the residential flavor of the area.
5. The Master Plan recommends for this sub-area:
• Clustered commercial development should be confined to the US-31 and Getty Street intersections,
consistent with similm· development identified in Sub-Areas 3 and 4.
City of Muskegon Planning Comrnission-10/16/03
PHOTOS
ORDINANCE EXCERPTS
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent residential areas or
neighborhoods, and to permit only such uses as are necessaiy to satisfy those limited basic, daily shopping and/or service needs,
which by their very nature are not similar to the shopping patterns of the B-2 convenience and Comparison, B-3 Central Business
Disn·ict, and B-4 General Business Disn·icts. B-1 Districts ai·e also intended to be utilized at planned locations in the City as zones
City of Muskegon Planning Commission - 10/16/03
of transition between major thoroughfares and residential areas, and between intensive nonresidential areas and residential areas. 1n
the B-1 Disn·ict all business establishments shall be retail and/or service establishments dealing directly with consumers. All goods
produced on the premises shall be sold at retail on the premises where produced. All business, servicing or processing, except off-
street parking or loading, shall be conducted within a completely enclosed building, or in an area specifically approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business Disn·ict no building or land shall be used and no building shall be erected, structurally altered, or
occupied except for one (1) or more of the following specified uses, unless otherwise provided for in this Ordinance:
I. Any generally recognized retail business which supplies new commodities on the premises for persons residing in
adjacent residential areas such as: groceries, meats, daily products, baked goods or other foods, drugs, drygoods, and
notions or hardware. No individual uses, either freestanding or in a group ofuses, shall exceed two thousand five hundred
(2,500) square feet in area.
2. Any personal service establishment which performs services on the premises for persons residing in adjacent residential
areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker, tailor, phannacist,
or an establishment doing radio, television, or home appliance repair, and similar establishments that require a retail
character no more objectionable than the aforementioned, subject to the provision that no more than five (5) persons shall
be employed at any time in the sale, repair, or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects) engineers, accountants, and similar
or allied professions. No individual use shall exceed two thousand five hundred (2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional. No individual
use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a Certificate of Occupancy from the
Department oflnspections, provided that the minimum lot area requirements of the RM-1 District are met.
6. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1001: SPECIAL LAND USES PERMITTED
The following area, and their accessory buildings and accessmy uses, shall be permitted under the purview of Section 2332 after
review and approval of the use ( and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the
applicable conditions and any other reasonable conditions imposed by the Planning Commission. A site plan shall not be required
when there are no external changes made to the buildings or properties.
1. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
2. Churches and other facilities nmmally incidental thereto subject to the following conditions:
3. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
4. Uses similar to the above Special Land Uses Permitted.
SECTION 1002: PLANNED UNIT DEVELOPMENTS
SECTION 1003: AREA AND BULK REQUIREMENTS [amended4/00]
City of Muskegon Planning Commission-10/16/03
ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling structures,
and related uses, which will generally seive as zones of transition between the nonresidential districts and the lower density One
Family and Two Family Residential Districts, and MHP Mobile Home Park Disn·icts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low Density Multiple Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified uses, unless otherwise
provided for in this Ordinance:
I. All Principal Uses Permitted in the R One Family and RT Two Family Residential Disn·icts with the lot area, yard, and
floor area requirements for one (1) and two (2) family dwellings equal to at least the requirements of the immediately
abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less tlian twenty (20) feet from any other lot in any residential
distTict.
4. Bed & Breakfast facilities, under the following conditions:
5. Rooming houses with a capacity ofnot more than three (3) roomers.
6. Churches and other facilities normally incidental hereto subject to the following conditions:
7. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but are not limited to
the following: [amended 11/02]
8. Foster Care Small Group Homes. [amended 11/02]
9. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.
I 0. Uses similar to the above Principal Permitted Uses.
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02, amended 2/03]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332 after
review and approval of the use (and a site plan, ifrequired) by the Planning Commission, after Public Hearing, subject to the
applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers, or other
professional persons; real estate, insurance, credit service (other than loan) offices and similar businesses supplying
se1vices instead of products when determined by the Planning Commission upon application to it, to be consistent with the
nature and condition of neighboring uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the activities of which
are conducted by mail, and which are not displaying or handling merchandise or rendering service on the premises.
City of Muskegon Planning Commission - 10/16/03
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in dwellings or
professional offices provided that any such building shall be located not less than thirty (30) feet from any other lot in any
residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one thousand five hundred (1,500) feet
from any other similar facility. [amended 11/02]
5. Previously existing or established commercial uses not already converted to a residential use may be authorized under
Special Use Permit for the following [amended 12/99]:
6. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
7. Uses sin1ilarto the above Special Land Uses Permitted.
SECTION 702: PLANNED UNIT DEVELOPMENT
SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]
ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS
PREAMBLE
The OSC Open Space Conse1vation Disn·icts are intended to provide for permanent open spaces in the community, and the
protection of sand dunes and other natural features, and are designed to provide undeveloped recreational areas and to safeguard the
health, safety, and welfare of the citizens of Muskegon and adjacent areas by limiting development in locations where police and
fire protection, protection against flooding by high water table or storm water, and dangers from excessive erosion are not possible
without excessive costs to the City.
SECTION 1600: PRINCIPAL USES PERMITTED
In the OSC Open Space Conse1vation District, no building or land shall be used and no building shall be erected, structurally
altered, or occupied except forone (1) or more of the following specified uses, unless otherwise provided in this Ordinance.
I. Fishing docks and piern.
2. Hiking, bicycling,jogging, or ski trails.
3. Wildlife preserves orrefuge structures.
4. Watershed or erosion protection facilities.
5. Uses similar to the above Principal Uses Permitted.
SECTION 1601: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332 after
review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the
applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
1. Public and private utilities and services.
2. Accessory buildings and accessmy uses customarily incidental to the above Special Land Uses Permitted.
3. Uses similar to the above Special Land Uses Pennitted.
4. Parking areas for Principal Uses.
City of Muskegon Planning Commission-10/16/03
SECTION 1602: PLANNED UNIT DEVELOPMENTS
SECTION 1603: AREAANDBULKREQUIREMENTS [amended4/00]
ARTICLE IV-RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to stabilize,
protect, and encourage the residential character of the district and prohibit activities not compatible with a residential neighborhood.
Development is limited to single family dwellings and such other uses as schools, parks, churches, and certain public facilities
which serve residents of the district. It is the intent of these districts to recognize that the City of Muskegon has been developed and
platted with some lots that are smaller tlmn those found in recently urbanized communities, and the standards in Section 2100
reflect residential development standards that the citizens of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITIED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, strncturally altered, or
occupied except for one or more of the following specified uses, unless othe1wise provided in this Ordinance;
I. One Family detached dwellings.
2. Horne occupations of a non-industrial nature may be pe1mitted. Permissible home occupations include, but are not limited
to the following: [amended 11/02]
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred (1,500) feet
from any other similar facility. [amended I 1/02]
3, Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
4. Uses similar to the above Principal Uses Petmitted.
SECTION 40 I: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessmy uses, shall be permitted under the purview of Section 2332 after
review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the
applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit swimming pool
clubs, all subject to the following conditions: [amended 2/02]
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in general,
technical, or religious education not operated for profit, all subject to the following conditions:
3. Churches and other facilities normally incidental thereto subjectto the following conditions:
City of Muskegon Planning Commission - I0/16/03
4. Elementmy, intermediate, and/or secondaiy schools offering courses in general education, provided such uses are set back
thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be authorized under
Special Use Permit for the following [amended 12/99]:
7. Accessmy buildings and accessory uses customarily incidental to any of the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED][amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the petitioned
change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the approval
or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public services and
facilities and/or programs that might reasonably be required in the future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
SUITOUnding property.
5. Does the petitioned zoning change generally comply with the adopted Future Laud Use Plan of the
City.
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on smface or subsmface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or
wildlife areas.
City of Muskegon Planning Commission-10/16/03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 122
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from RM-1, "Low Density Multiple-Family Residential", B-1, "Limited Business" and OSC, "Open
Space Conservation" to entirely R-1, "Single-Family Residential"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from RM-1, "Low Density Multiple-Family Residential", B-1, " Limited Business" and
OSC, "Open Space Conservation" to entirely R-1, "Single-Family Residential":
BLOCKS 655 AND 658, MUSKEGON-URBAN RENEWAL PLAT NO. 4 AS RECORDED ON UBER 19, PAGES 19-
22, MUSKEGON COUNTY RECORDS. PLUS ADDITIONAL 60 FEET ADJACENT TO THE NORTH.
This ordinance adopted:
Ayes: Larson, Shepherd, Spataro, Warmington, Carter,
Davis, Gawron
Nayes: None
Adoption Date: January 27, 2004
Effective Date: February 13, 2004
First Reading: Jan u a r y 2 7 , 2 0 0 4
Second Reading: N A
-~ ~----------
CERTIFICATE (Rezoning of Getty/Marquette from RM-1, B-1 and OSC to R-1)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
th
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27 day of
January, 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 futiher 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: January 22 ,2004. ~ D.
Gail A. Kundinger, MMC
K..,.,.,,~
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 27, 2004, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following property
from RM-I, "Low Density Multiple-Family Residential", B-1, "Limited Business" and OSC, "Open
Space Conservation" to entirely R-1, "Single-Family Residential":
BLOCKS 655 AND 658, MUSKEGON-URBAN RENEWAL PLAT NO. 4AS RECORDED ON UBER 19,
PAGES 19-22, MUSKEGON COUNTY RECORDS. PLUS ADDITIONAL 60 FEET ADJACENT TO THE
NORTH.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Te1rnce Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published /;_/2ruay 3 ,2004 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
1/16/04 12
Commission Meeting Date: January 27, 2004
'
N
Date: January 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentCf-'.JC
RE: Rezoning request for property located at 407 Marquette Ave.
(SE comer of Marquette Ave. and Wood St.)
SUMMARY OF REQUEST:
Request to rezone property located at 407 Marquette Ave., at the SE corner of
Marquette Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited
Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission voted to deny the request at their 1/15 meeting.
Commissioners Spataro, Aslakson, Johnson and Sartorius voted for denial,
Commissioners Michalski and Smith voted against denial, and Commissioners Mazade
and Warmington abstained. T. Harryman was absent.
1/16/2004
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