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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 9, 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. Muskegon Lake Research Endowment Fund. CITY CLERK
c. Appointments to Various Boards/Committees. CITY CLERK
d. Sale of Buildable Vacant Lot on James Avenue. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Non-Buildable Lot at 696 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Disbursement of Surplus County Sewer Bond Funds. FINANCE DIRECTOR
g. City-MDOT Agreement for Shoreline Drive. ENGINEERING
h. Balancing Change Order for the Lakefront Project. ENGINEERING
• PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
b. Resolution Revoking a Personal Property Industrial Development
Certificate - Burgess-Norton Mfg. Co. PLANNING & ECONOMIC
DEVELOPMENT
c. Create a Special Assessment District for Strong Avenue. Jefferson to
Peck. ENGINEERING
d. Create a Special Assessment District for Campus Avenue. Jefferson to
Washington. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Brownfield Redevelooment Grant/Loan. PLANNING & ECONOMIC
DEVELOPMENT
b. Approval of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
c. FIRST READING: Public Safety Administration Ordinances. CITY
MANAGER
d. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
1. 207 E. Walton - Area 11
2. 1785 Mcilwraith
3. 433-435 E. Isabella - Area 11
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 1O minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: March 9, 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 Regular
Commission Meeting that was held on Tuesday, February 24, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 9, 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, March 09,
2004.
Mayor Warmington opened the meeting with a prayer from Commissioner
Gawron 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
Kevin Davis, Stephen Gawron, Lawrence Spataro and Chris Carter, City
Manager Bryon Mazade, City Attorney John Schrier and Deputy City Clerk Linda
Potter. Commissioner Clara Shepherd absent (excused).
2004-25 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, February 24, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes
b. Muskegon Lake Research Endowment Fund. CITY CLERK
SUMMARY OF REQUEST: To adopt the Resolution of Support for the Muskegon
Lake Research Endowment Fund which has enabled an ongoing study of
Muskegon Lake.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
c. Appointments to Various Boards/Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation of Jon Osborn from the
Citizen's Police Review Board and to appoint the following individuals to City
boards/committees.
Adelia Winchel to the Citizen's Police Review Board to fill the unexpired term left
by the resignation of Jon Osborn. (1 /31 /05)
Patsy Petty to the Board of Canvassers as a Democrat. (1/31/08)
Alan M. Majeski to the Construction Code Board of Appeals for the Architect
position. (1/31/06)
Robert Lowder to the Construction Code Board of Appeals for the Electrical
position. (1/31/06)
Reappointment of Tom Freye to the Construction Code Board of Appeals for the
Plumbing position. ( 1/31 /06)
Reappointment of David Glotzbach to the Construction Code Board of Appeals
for the Fire position. ( 1/31 /06)
Reappointment of Michael Kleaveland to the Downtown Development
Authority/Brownfield Redevelopment Authority Board as a member who has an
interest in the property in the district. ( 1/31 /08)
Andrea Riegler to the Public Relations Committee. ( 1/31 /05)
Cedric Jenkins to the Public Relations Committee. ( 1/31 /06)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve appointments as recommended.
d. Sale of Buildable Vacant Lot on James Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1431
James Ave. (Parcel #24-611-000-0347-00) to Galloway Homes, L.L.C., of 570 W.
Broadway, Muskegon, Ml. The lot is 82 x 132 ft. and is being offered to Galloway
Homes for $6,750. The home 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 $9,000, so our price is set at $6,750 which is 75% of that
amount.
FINANCIAL IMPACT: The sale 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 Non-Buildable Lot at 696 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 696
Marquette Ave. (Parcel #24-765-003-0051-00) to Charles & Lisa Hippchen, 686
Marquette Avenue and Patrick & Julia Stone, 704 Marquette Ave., Muskegon,
Ml. Approval of this sale will allow the Hippchens to have a home located on a
buildable lot, as well as allowing both property owners to expand their current
yards. As is required by City policy, the subject parcel is being offered for $1,
and will be split between the Hippchens and the Stones under the Dollar Lot
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 resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
f. Disbursement of Surplus County Sewer Bond Funds. FINANCE DIRECTOR
SUMMARY OF REQUEST: Muskegon County has on hand funds (approximately
$400,000) remaining from a retired wastewater system bond issue and has asked
local units to submit a formal commission action electing how they wish to
receive their share of these funds. The City's share of the money is
approximately $123,000 and the City may elect to receive this amount either in
cash or have it applied toward future sewage treatment charges. Staff
recommends that the City Commission adopt a motion to receive cash
payment.
FINANCIAL IMPACT: Funds will be deposited to the City's sewer fund and used to
offset system operating costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt motion to receive cash payment from the
County.
g. City-MOOT Agreement for Shoreline Drive. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT amending
agreement No. 02-5019 for the Shoreline Dr. funding which was previously
approved. The amendment allows for the construction of Western Ave.,
between Pine & Terrace to be eligible for funding from the $11,850,000 grant the
City received for the Shoreline Dr. Project. Funding of the Western Ave. will be
limited to the extent grant money is available. In the mean time, a special
assessment district will be proposed for that street in the event grant funds are
not enough.
FINANCIAL IMPACT: The estimated cost of reconstructing Western Ave.,
$100,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: That the agreement and resolution be approved.
h. Balancing Change Order for the Lakefront Project. ENGINEERING
SUMMARY OF REQUEST: Approve the final estimate on the Lakefront
Development project. The final cost of the contract with Jackson Merkey has
reached a total of $1,657,878.45 which is $417, 720.80 over the awarded amount
of $1,240,157.65. The overages are attributed to the site conditions as described
in the memo.
FINANCIAL IMPACT: The total cost of the project is part of the consent special
assessment between the City & Lakefront LLC and will be repaid by the
developer over time.
BUDGET ACTION REQUIRED: None. The overage was taken into account when
the final 2003 budget revision was adopted.
STAFF RECOMMENDATION: Approve the final estimate.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
MOTION PASSED
2004-26 PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinance for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 23,
2004, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened at 5:42pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Larson, second by Commissioner Carter to close the
Public Hearing at 5:43pm and adopt the resolution recommending non-renewal
of those liquor license establishments who are in violation of Section 50- 146 and
50-147 of the Code of Ordinance for the City of Muskegon and that if any of
these establishment come into compliance by March 23, 2004, they will be
removed from the resolution.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
Nays: None
Absent: Shepherd
MOTION PASSED
b. Resolution Revoking a Personal Property Industrial Development
Certificate - Burgess-Norton Mfg. Co. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974 as amended, the City
of Muskegon requests that the personal property component of Industrial
Development Certificate No. 96-7 41 issued to Burgess-Norton Manufacturing,
Co. be revoked. The certificate was originally requested October 22, 1996 by
Burgess-Norton Manufacturing Co. Burgess-Norton ceased operations in 2003
and the building has been sold to Re-Source Industries, Inc.
FINANCIAL IMPACT: Burgess-Norton and the City came to an agreement in 2003
for reimbursement of a portion of the abated taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and authorize the Mayor
and Clerk to sign the resolution revoking the personal property component of IFT
Certificate No. 96-7 41.
The Public Hearing opened at 5:44pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Gawron, second by Commissioner Davis to close the
.Public Hearing at 5:45pm and to authorize the Mayor and Clerk to sign the
resolution revoking the personal property component of IFT Certificate No. 96-
741 issued to Burgess-Norton Manufacturing, Co.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
c. Create a Special Assessment District for Strong Avenue. Jefferson to
Peck. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Strong Ave., from Jefferson St., to Peck St., and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:46pm to hear comments from the public.
Comments in opposition were heard from Jeff representing St. Jean Church at
1292 Jefferson Ave.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:48pm and to approve the special assessment district of
Strong Ave., from Jefferson St., to Peck St., and appoint two City Commissioners
(Shepherd and Gawron) to the Board of Assessors.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
d. Create a Special Assessment District for Campus Avenue. Jefferson to
Washington. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Campus Ave., from Jefferson St., to Washington St., and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:50pm to hear comments from the public.
Concerns of accessibility to where car was to park was heard from Victoria of
125 Campus Ave.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:48pm and to approve the special assessment district of
Campus Ave., Jefferson to Washington., and appoint two City Commissioners
(Shepherd and Gawron) to the Board of Assessors.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Spataro
Nays: None
Absent: Shepherd
MOTION PASSED
2004-27 COMMUNICATIONS:
City Attorney John Schrier distributed a handout and commented on the Cable
Franchise Agreement litigation decision.
2004-28 NEW BUSINESS:
a. Brownfield Redevelopment Grant/Loan. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Anne Couture, our Brownfield Consultant, is working with
the City to secure a Brownfield Redevelopment Grant from the Michigan
Department of Environmental Quality (MDEQ). The grant request will be for
$1,000,000. It is anticipated that $500,000 will be for Environmental Site
Assessments (similar to our current site assessment funds, focused along the
Downtown Muskegon Shoreline, but with an expanded target area to include
properties along Ottawa Street, the Lakeside Business District, Seaway Industrial
Park, Port City Industrial Park and the Medendorp Industrial Center) and
$500,000 will be for Due Care Response activities in these same targeted areas.
FINANCIAL IMPACT: If approved for the grant/loan, the funds will be used to
perform site assessments for properties being developed, as well as due care
response activities (if necessary) on those properties. The MEDQ is encouraging
communities to apply for both grants and loans. However, if MDEQ offered a
loan, rather than a grant, the City could determine at that time whether we
want to proceed. If we do have a portion as a loan, we could consider the use
of Brownfield Tax Increment Financing to reimburse the loan amount. The grant
amount being applied for is up to $1 Million.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Carter, second by Vice Mayor Larson to authorize
Brownfield consultant Anne Couture to secure a Brownfield Redevelopment
Grant from the Michigan Department of Environmental Quality and approve the
Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington
Nays: None
Absent: Shepherd
MOTION PASSED
b. Approval of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A Request for Proposals (RFP) was recently put out by
the Planning Department for marketing of the property in Seaway Industrial Park.
The purpose of the RFP was to expose these properties to a wider market than is
currently possible by City staff. Two real estate agencies submitted proposals,
which were reviewed by City staff. The two agencies were also interviewed as
part of the process. Of the two proposals, C & A Commercial Real Estate's
proposal stood out with unique ideas for marketing, as well as flexibility and
willingness to put City property first on their priority list when marketing. C & A
Commercial Real Estate is also willing as part of this agreement to market
another City-owned industrial piece of property at 1537 S. Getty St.
FINANCIAL IMPACT: The timely sale and development of these properties will
bring more jobs to Muskegon in the near future, thus additional income tax
being generated.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
Motion by Commissioner Davis, second by Commissioner Gawron to approve
the Contract to Market Seaway Industrial Park and authorize the Mayor and
Clerk to sign resolution.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter
Nays: None
Absent: Shepherd
MOTION PASSED
c. FIRST READING: Public Safety Administration Ordinances. CITY
MANAGER
SUMMARY OF REQUEST: To adopt three ordinances to implement the proposed
Public Safety Administrative Consolidation.
FINANCIAL IMPACT: First year savings of over $100,000.
BUDGET ACTION REQUIRED: The savings will be accounted for in a future
quarterly budget update.
STAFF RECOMMENDATION: To approve the ordinances.
COMMITTEE RECOMMENDATION: The City Commission endorsed the
consolidation concept on February 24, 2004.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
three Public Safety Administration Ordinances.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
MOTION PASSED (REQUIRES SECOND READING)
d. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures at 207 E. Walton,
1785 Mcilwraith, and 433-435 E. Isabella are unsafe, substandard, public
nuisances and that they be demolished within thirty (30) days. It is further
requested that the Mayor and City Clerk be authorized and directed to execute
a contract for demolition with the lowest responsible bidder.
1. 433-435 E. Isabella
CASE# & PROJECT ADDRESS: #EN-030177 Address: 433 E. Isabella
LOCATION AND OWNERSHIP: This structure is located on E. Isabella between
Wood and Williams and is owned by Tameka Scott. It was previously owned by
Earl Morris, her deceased father.
STAFF CORRESPONDENCE: This case began with a police report forwarded to
the Inspection Department due to conditions in the house. A dangerous
building inspection was conducted 11 /20/03 and Notice and Order to repair or
remove issued 12/3/03. On 1/8/04 the HBA declared the structure substandard
and dangerous. An interior inspection was conducted 1/16/04. A memo stating
permits should be pulled within 2 weeks was sent 1/29 /04 with the interior
inspection report.
OWNER CONTACT: On 1/12/04 a friend of Tameka Scott called and asked about
the posting on the house. An interior inspection was scheduled on that date for
1/14/04. No one showed for that inspection and it was rescheduled for 1/16/04
and was conducted on that date. There has been no contact since.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $24,300
ESTIMATED COST OF REPAIRS: $8,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals decision to demolish 433-435 E. Isabella and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
Nays: None
Absent: Shepherd
MOTION PASSED
2. 207 E. Walton
CASE# & PROJECT ADDRESS: #EN-030176 Address: 207 E. Walton
LOCATION AND OWNERSHIP: This structure is located on Walton between
Murphy and Rathborne and is owned by Sidney & Patricia Norman of Muskegon
Heights
STAFF CORRESPONDENCE: A dangerous building inspection report was written
11 /20/03 and a Notice and Order to repair or remove was issued 12/3/03. On
2/9/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from the owners
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEY: $9,600
ESTIMATED COST OF REPAIRS: $6,000 plus the cost for interior repairs.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 207 E. Walton and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
3. 1785 Mcllwraith
CASE# & PROJECT ADDRESS: #EN-030082 Address: 1785 Mcilwraith
LOCATION AND OWNERSHIP: This structure is located on Mcilwraith, on the NW
corner of Laketon and Mcilwraith. It is owned by Harold and Shelly Larabee.
STAFF CORRESPONDENCE: This case began with the garage being written as
dangerous on 9/11 /02 and the house was added 10/14/02. An interior
inspection was conducted 1/7 /03. A Notice and Order to repair or remove was
issued 12/4/02 and a building permit for repair to the garage and exterior of the
house was pulled by the owner on 12/19/92. The permit expired 2/19/03. On
2/6/03 the HBA heard the case and tabled it until July 2003 to give the owner
time to complete the repairs. At that time Mr. Larabee stated he would be living
in the house when he wasn't out of town for work. Previously, the house had
been a rental. On 4/30/03 a building permit was again issued to the owner and
expired 7/1 /03. On 8/7 /03 the case was brought back before the HBA and the
structure was declared dangerous and substandard.
OWNER CONTACT: The owners have been in contact with the Inspection office
throughout the process and first stated they intended to complete the repairs.
In October 2003 they stated they were selling the house. They also obtained
information about completing the demolition on their own in October 2003 and
were given until 11 /03 to complete the demolition. There has been no contact
since that date.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $14,000
ESTIMATED COST OF REPAIRS: $12,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Spataro to concur
with the Housing Board of Appeals decision to demolish 1785 Mcilwraith and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
The Regular Commission meeting for the City of Muskegon was adjourned at
6:30pm.
Respectfully submitted,
~a-~·~
Gail A. Kundinger, MMC
City Clerk
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Muskegon Lake Research Endowment Fund
Resolution of Support
SUMMARY OF REQUEST: To adopt the Resolution of Support for the
Muskegon Lake Research Endowment Fund which has enabled an
ongoing study of Muskegon Lake.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
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February 2, 2004
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Committee
Mr. Bryon Mazade
City Manager
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Members City of Muskegon
PO Box 5th Street
Roger Andersen, Muskegon, MI49443
Co-Chair
Dr. Bill Schroeder, Dear Mr. Mazade:
Co-Chair
Arn Boezaart
Dr, Mike Bozym
Recently, the Community Foundation for Muskegon County, in partnership with the Grand Valley State University
Dr. Mike Cerminaro Annis Water Resources Institute (A WR!), established a new fund to enable an ongoing study of Muskegon Lake.
Roland Crummel The Muskegon Lake Research Endowment Fund will be used to annually finance research designed to accomplish
Eric Gielow the following:
Wayne Groesbeck
Jose Infante • Record short and long-term changes in Muskegon Lake by accumulating a continuous record of
Dr. Bifl Jackson scientific data including information such as: plankton counts, nutrient levels, fish population,
Roger Morgenstern temperature profiles, and other indicators;
Gary Noble
Dr. Afan Steinman • Better understand what happens within Muskegon Lake and how processes in the watershed impact
Dan Weikel this ecosystem;
• Develop a regular "report card" on the health of Muskegon Lake and use it to inform the public and
government agencies about the status of the Lake through various means including placement of
monitoring infmmation on the A WR! web site, and making information available through the GVSU
/ Lake Michigan Center here in Muskegon.
• Recommend clean-up, improvement, and protection strategies for Muskegon Lake and the
surrounding shoreline.
For years, local governments throughout Muskegon County have played a crucial role in maintaining momentum
to clean up our ecosystems and waterways. As co-chairs of the Fund's development committee, we are asking for
your governmental unit's fo1mal support of the enclosed resolution. If you have any questions regarding the Fund
or the resolution, please contact AWR! Director, Dr. Alan Steinman. at 728-3601.
In addition, we'd ask you or your governing board to consider making a gift to support the Fund. Our goal is
$250,000 with more than $160,000 in gifts and pledges already received to date. Your support of this important
conununity effort would be greatly appreciated.
Robert B. Annis
Water Resources Sincerely,
Institute
Alan D. Steinman,
Director
740 W. Shoreline Dr.
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Muskegon, Ml 49441
728-3601 Roger Andersen, Co-Chair Dr. William (Bill) Schroeder, Jr., Co-Chair
FAX (616) 331 3864
enclosures
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GRANo\i\Illv
Sr,\TE lJNrvERSITY
CITY OF MUSKEGON
CITY COMMISSION
Resolution #2004-25(b)
MUSKEGON LAKE RESEARCH ENDOWMENT FUND
RESOLUTION OF SUPPORT
Whereas, Muskegon Lake has been listed as one of the 42 Areas of Concern ("AOC") by the
United States Environmental Protection Agency;
Whereas, Muskegon Lake is an important resource of the community of Muskegon;
Whereas, scientific data are necessary to demonstrate that Muskegon Lake meets the
requirements for removal as an AOC;
Whereas, Grand Valley State University's Annis Water Research Institute ("AWRI") is uniquely
qualified to carry out research to document the health of Muskegon Lake, both today and into the
future, and to provide data necessary to support removal of Muskegon Lake as a AOC;
Whereas, AWRI's existing financial resources are limited, and there is a critical need for
permanent funding for A WRI's on-going research concerning Muskegon Lake; and
Whereas, the Muskegon Lake Research Fund Committee is dedicated to securing the funding of
a perpetual Muskegon Lake Research Fund.
NOW THEREFORE, be it resolved that the City Commission of the City of Muskegon hereby
supports the efforts of the Muskegon Lake Research Fund Committee, and urges the community
to endorse and support this important endeavor.
Bill Larson, Vice Mayor
~_; &,a4-~~:
Kev·n
Date: March 9, 2004
To: Honorable Mayor and City Commission
From: City Clerk Gail Kundinger
RE: Appointments to Various Boards/Committees
SUMMARY OF REQUEST: To accept the resignation of Jon Osborn from the
Citizen's Police Review Board and to appointment the following individuals to City
boards/committees:
Adelia Winchel to the Citizen's Police Review Board to fill the unexpired term left by the
resignation of Jon Osborn. ( 1/31 /05)
Patsy Petty to the Board of Canvassers as a Democrat. (1/31/08)
Alan M. Majeski to Construction Code Board of Appeals for the Architect position. ( 1/31 /06)
Robert Lowder to the Construction Code Board of Appeals for the Electrical position.
(1/31/06)
Reappointment of Tom Freye to the Construction Code Board of Appeals for the Plumbing
position. (1/31/06)
Reappointment of David Glotzbach to the Construction Code Board of Appeals for the Fire
position. (1/31/06)
Reappointment of Michael Kleaveland to the Downtown Development Authority/Brownfield
Redevelopment Authority Board as a member who has an interest in the property in the
district. (1/31/08)
Andrea Riegler to the Public Relations Committee. (1/31/05)
Cedric Jenkins to the Public Relations Committee. (1/31/06)
FINANCIAL IMPACT: None.
BUDGET ACTION NEEDED: None.
STAFF RECOMMENDATION: Approve appointments as recommended.
COMMITTEE RECOMMENDATION: Community Relations Committee met on March 1,
2004 and recommends the appointments.
Commission Meeting Date: March 9, 2004
Date: March 2, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c,Q,C
RE: Sale of Buildable Vacant Lot on James Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1431 James Avenue (Parcel #24-611-000-
0347-00) to Galloway Homes, L.L.C., of 570 W. Broadway, Muskegon, Ml. The lot is 82 x
132 ft. and is being offered to Galloway Homes for $6,750. 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 $9,000, so our price is set at $6,750 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:
3/2/04
Resolution No. 2004-25 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1431 JAMES
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $6,750.
WHEREAS, Galloway Homes, L.L.C. has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0347-00, located at 1431 James Avenue; and
WHEREAS, the price for parcel number 24-611-000-0347-00 is set by the City at $6,750, 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 24-611-000-0347-00, located at
1431 James Avenue be sold to Galloway Homes, L.L.C. for $6,750.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2, LOT 347
Adopted this 9th day of March, 2004
Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent Shepherd
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 March 9, 2004.
Gail Kundinger,
City Clerk
Vacant Buildable City-Owned Lot N
1431 James Avenue W~E
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made .3 /40, , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and GALLOWAY HOMES, LLC, a Michigan Limited Liability
Company, of 570 W. Broadway Avenue, Muskegon, Michigan 49444 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real propetty located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, Lot 347
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 Six Thousand Seven Hundred Fifty Dollars ($6,750.00).
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 construct on 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
C:\DOCUME~1\anguilm\LOCALS-1\Temp\BF4286.doc
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the 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.
C:\OOCUME~1\angullm\LOCALS~1\Temp\BF4286.doc
6
9. Closing. The closing date of this sale shall be on or before __ '-1_/_'b_/_
_'/_ __
2004 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
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. P;iragraph 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.
C:\DOCUME~1\angui!m\LOCALS~1\Temp\BF4286.doc
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.
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:
on, Mayor
Gail A. Kundinger~
BUYER: GALLOWAY HOMES, LLC,
a Michiga I ited Liability Company
J{~'
By: -l"--tc.::._-'---=o=--~------/--+---
Its:Mt'~ (;.,c, lfou.Y, '-I
1
I
Tax ID#: 3 -t -3 C::, 2 7 CJ ?<t
C:\DOCUME~1 \anguilm\LOCALS~1\Temp\BF4286.doc
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to GALLOWAY HOMES, LLC, a Michigan Limited Liability Company, of 570 W. 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. 2, Lot 347
for the sum of Six l110usand Seven Hundred Fifty Dollars ($6,750.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one {I) single family home on the
premises herein conveyed within eighteen (18) 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 ofthe home and driveway. "Complete
construction" means: (I) issuance of a residential building pennit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling described in the
said building pennit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property ofGrantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (l) 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 /)fl.. day of zZ0cr:/2 , 2004.
Signed in the presence of;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
_I/ The foregoing instrument was acknowledged before me this i,2 tA day of ff/a c,-~ /2 ,
200jl, 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 L,'ntf1.1 _( /~rt?/ ,NotaryPublic
Pannenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: '/- _;]._-·- {.) 1~
Muskegon, MI 49443-0786
Telephone: 231/722-1621
C·IDOCUME~1\angui1m\LOCALS~1\Temp\BF4286.doc
LANDAMERICA TRANSNATION TITLE INSURANCE
Date: April 16, 2004
Escrow Number: 427868
;>roperty Address: 1431 James
Muskegon, Ml
P U R C HA S E R 1 s STAT EM E N T SELLER ' s S T A T E ME N T
DEBIT CREDIT DEBIT CREDIT
;>urchaser Price I$ 6,750.00 I$ Purchase Price I$ 1$ 6,750.00
~ent Adjustment I I Rent Adjustment I I
I I Oepos it of earnest money I I
:Los ING FEES I 10D.00 I CLOSING FEES I 100.DO I
JWNERS PREMIUM I I OWNERS PREMIUM I 19D.DO I
tecording Fees I 17.00 I Recording Fees I I
~eal Estate Cormiission I I Real Estate Corrmission I I
I I
Sub Total $ 6 867.00 $
rotal Deeosits to date I I Sub Total I$ 290.00 1$ 6,750.00
>ue from Purchaser I 1$ 6,867.00 Amount due Seller 1$ 6,460.00 I
fOTALS 1$ 6,867.D0 1$ 6,867.00 TOTALS 1$ 6,750.00 I$ 6,750.00
~*********************************************************************************************************************************
rhe undersigned Purchasers acknowledge Receipt of a copy of The undersigned Sellers acknowledge Receipt of a copy of this
this statement and agree to the correctness thereof, and statement and agree to the correctness thereof, and ratifies
1uthorizes and ratifies the disbursement of the funds as stated the disbursement of the funds as stated therein.
therein.
'urchaser(s) Signature(s): Seller(s) Signature(s):
The City of Muskegon
//?'.
a Municipal Corporation
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av
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/ 1, )v 1-,
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COFl~a Angui l un / 1
SURVEY WAIVER
Date: April 16, 2004
RE: 427868
To: LANDAMERICA TRANSNATION TITLE INSURANCE Property Address:
1431 James
Muskegon, MI
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 LANDAMERICA TRANSNATION TITLE INSURANCE, 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):
The City of Muskegon
a Municipal Corporation
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AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 427868
JSS
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:
1431 James
Muskegon) MI
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, 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 / ,flh ( /..,,,, I,~ --
Lonna Angui l un )
N tary Publi ________ County
My Commission Expires:
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 (Rev. 7-00) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
p. Street Address of Property j2. County I 14, Date of Transfer (or land contract was signed)
I 1431 James I Muskegon I j 04/16/04
l_~M~"s~k~e~o~o~.~M~l_ _ _ _ _ _ _ _ _ _ _ _ _ l_ _ _ _ _ _ _ l
13. City/Township/Village of Real Estate ill City j 15, Purchase Price of Real Estate
I Muskegon U Township I I $6,750.00
) Village I
!6. Property Identification Number (PIN) If you don·t have a PIN, I PIN. This number ranges from 10 to 25 digits. It
I attach legal description. I usually includes hyphens and sometimes includes
I 61-24-611-000-0347-00 I letters. It is on the property tax bill and on the
assessment notice.
j7. Seller's (Transferor) Name I IB Buyer·s (Transferee) Name and Mailing Address
j The City of Muskegon I I Gal10~1ay Homes, LLC
I I I
I 570 W. Broadway
Items 9 - 13 are optional. However, by completing I Muskegon Ml 49441
them you may avoid further correspondence. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Transfers include deeds. land contracts, transfers 19. IYP.e of Transfer _
involving trusts or wills, certain long-term leases I U Land Contract U lease
and interest in a business. See the bad for a ! U Deed Li other (specify) _ _ _ _ _ _ _ _ __
complete list. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
110. U Yes ! l l'l. Amount of Down Payment
l_~!Ls~t~h~•~'~'~'~ns~f~e~c~b~e~tw~e~e~n~re~l~a~te~d~p~er~s~o~o~s'~·----~1-l~N~o___ ll ___________________
jl2. If you financed the purchase. U Yes I p3. Amount financed {Borrowed)
l_~d~,d~y~,"~p~aLy~m~aLc~ke~t~ca~t~e~of~,~"~te~c~e~st~'~-----~l_l~N~o___ ll ___________________
Exemptions. _ _ _ _~ ~ ~ - - ~ - - - ~ - ~ - ~ - - - - - ~ ~ - - - ~ ~ - - - - - - - -
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption. your assessor may request more information
!Q_support your claim.
LJ transfer from one spouse to the other spouse
J_J change in ownership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
Li transfer by redemption from a tax sale
Li transfer into a trust where the settler or the settlor's spouse conveys property to the trust and is also the sole
beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
LI transfer creating or ending a joint ownership if at least one person is an original owner of the pro8erty (or his/her spouse)
Li transfer to establish or release a security interest (collateral)
Li transfer of real estate through normal public trading of stocks
U transfer between entities under corrrnon control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
Li transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been
filed.
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 427868
DATE, April 16th 2004
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
+ class mail and acknowledges 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 said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form {Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges 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 said form is not received
or properly processed by the local tax collecting unit.
PURCHASER(S),
FILE# 427868
DATE, April 16th 2004
PROPERTY ADDRESS: 1431 James
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
BY
'\:.:.'22(/yt-,
- ./ (-J(!.,_r. f__y
1
Lonna Ilguilun _.--J
(_/
Commission Meeting Date: March 9, 2004
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..e,c...
RE: Sale of Non-Buildable Lot at 696 Marquette Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-765-003-0051-00) at 696
Marquette Avenue to Charles & Lisa Hippchen, 686 Marquette Avenue and Patrick &
Julia Stone, 704 Marquette Avenue, Muskegon, Ml 49442. Approval of this sale will
allow the Hippchens to have a home located on a buildable lot, as well as allowing both
property owners to expand their current yards. As is required by City policy, the subject
parcel is being offered for $1, and will be split between the Hippchens and the Stones
under the Dollar Lot 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 and deed.
COMMITTEE RECOMMENDATION:
2/24/2004
CITY OF MUSKEGON
RESOLUTION #2004-25 ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 each from Charles & Lisa Hippchen, 686
Marquette A venue, Muskegon, MI 49442 and Patrick & Julia Stone, 704 Marquette A venue,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to their
properties at 696 Marquette Avenue (parcel #24-765-003-0051-00); and
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in a~cordance with property disposition goals and
policies of the City.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON SUB DIV OF BLK 3 LOT
51 be sold to Charles & Lisa Hippchen and Patrick & Julia Stone for $1 each.
th
Resolution adopted this 9 day of March, 2004.
Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
Attest: __::~~a.~:~t~D
~~~~~~~~
Gail A. Kundinger, MMC
Clerk
2004-25(e)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on March 9, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By -
Gail A. Kundinger, MMC
Clerk
Vacant Non-Buildable City-Owned Lot N
686 Marquette Avenue W~E
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to CHARLES G. HIPPCHEN and LISA M. HIPPCHEN, husband and wife, of 686 Marquette
Avenue, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON SUBDIVISION OF BLOCK 3, REVISED PLAT OF 1903, WEST½ OF LOT 51
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 no 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 this ;;!ti, day of /llarc A , 2004.
Signed in the presence of:
,d~
L./·,;
1!tiu
~ /Jr; t T l'r
~~KK~~~)~ and _ _r,.,~.!<!.i::.~-'-Tu=:,,;1~~~'------
Gail A. Kundinger, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this /;!t/2 day of /;JoccA ,
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
af:fkdl{A
L,"1id~
J. Ur
JaJt-1'/' ,
J;. Notary Public
Parmenter O1Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-,;;.£--d (,
Muskegon, MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME-1 \ang ui!m\L OCALS-1 \Temp\B E9236.doc
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to PATRICK STONE and JULIA STONE, husband and wife, of704 Marquette Avenue,
Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON SUBDIVISION OF BLOCK 3, REVISED PLAT OF I 903, EAST½ OF LOT 51
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 no liens on either parcel, the property owner may request and the Grantor
shall agree to waive and te1minate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this Jd.:cl_ day of I /Jqrc J, ,2004.
Signed in the presence of:
d11 de1 J t4/L
L ,·ri c.f ti ~ fj1 f T f'/
~ Q...___ f<~~s IL
c; o I\ Y)" x' rv- ILD w '>- t;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this l) IA day of ;/J/a/'c/2
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.
,<f½~ ,f}4 J. l!✓A/L
PREPARED BY: John C. Schrier L;;;,;;; .s & rr
tf , Notary Public
Parmenter OToo1e Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 7· ol..:,--0 h
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME~1\anguilm\LOCALS~1\Temp\BE9254.doc
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Disbursement of Surplus County Sewer Bond Funds
SUMMARY OF REQUEST: Muskegon County has on hand funds (approximately
$400,000) remaining from a retired wastewater system bond issue and has asked local units
to submit a formal commission action electing how they wish to receive their share of these
funds. The city's share of the money is approximately $123,000 and the city may elect to
receive this amount either in cash or have it applied toward future sewage treatment charges.
Staff recommends the that the City Commission adopt a motion to receive cash payment.
FINANCIAL IMPACT: Funds will be deposited to the city's sewer fund and used to
offset system operating costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt motion to receive cash payment from the
county.
COMMITTEE RECOMMENDATION: None.
9/18/97
LEWIS REED & ALLEN P.C.
A ttorneys
W. Fred ...\lien. Jr. 136 East Michigan Avenue, Suite 800 Of Counsel
Srephen '.\I. Denenfcld Kalama,oo, :vtichigan 4900i-3975 Willy Nordwind. Jr.
Robert C. Engels
Telerhonc 269-388-7600 • 269-381-3600 Gould Fox
...\nne M. Fries (I 905-2002)
David A. Lewis Fax 269-349-383 I
Dean S. Le1\'is W infield J. Hollander
James M. :Vlarqumdr ( 1906-1996)
Michael B. Ortega
Will iam A . Redmond February 26, 2004
Richard D. Reed
Thomas C. Richardson
Michael :\ . Shields
B,my R. Snrnh
Gregory G. Sr. ,\rnauld
TO: MANAGEMENT COMMITTEE MEMBERS
Re: Disbursement of Surplus Bond Funds
Dear Management Committee Members:
The County informs us that only four of the thirteen affected municipalities have advised the County
as to their preference for receipting the surplus proceeds. Please Mr. Corwin's February 25, 2004
memorandum attached.
For your convenience, I am enclosing a copy of my July 31, 2003 letter to you and the July 23, 2003
Resolution as passed by the Management Committee. I am also attaching a copy of Mr. Corwin's
November 25, 2002 letter which offers some background.
Please contact me with any questions. We can also discuss this at the next Management Committee
Meeting.
Sincerely,
LEWIS REED & ALLEN P.C.
f(\0-.~)<\C1.L~ b. Cv_-x:..o_ 70 (;(LY)')
Michael B. Ortega
MBO:kld
Enclosures
cc: Mr. Corwin (via facsimile) RECEIVED
RECEIVED
MAR 1 2004
MAi~ 0 2, 1QQq
MUSKEGON
CITY MANAGER'S OFFICE
02/25/2004 WED 16: 21 FAX CORPORATE COUNSEL
OFFICE OF CORPORATE COUNSEL
MEMORANDUM
TO: Joe Siedenstrang, Accounting Manager
Dave Kendrick, Public Works Director
FROM: Stephen C. Corwin, Corporate Counsel
RE: Surplus Bond Funds from 1970's Wastewater Issue
DATE: February 25, 2004
This memo is in follow up to Joe Siedenstrang' s inquiry regarding disbursement and/or
application of surplus revenues to continuing obligations of municipalities.
I bad previously issued a memo advising that municipalities could elect either to receive surplus
proceeds from this fund, or, in the alternative, could elect to supply such surplus proceeds as
against other indebtedness. To date, it is my understanding that 4 of the 13 municipalities have
advised Mr. Siedenstrang, and/or the system, advising as to their preference.
As Joe points out, however, because interest continues to be accrued on these fonds, he is
reluctant to disburse any fund in "piecemeal" fashion, prefening instead to receive notification
from each and every Local Unit as to their preference in order to ensure that they are not short-
changed on interest earnings.
By copy of this memo, I am requesting that Mr. Ortega bring the matter up at the Wastewater
Management Committee meeting, requesting that Local Units communicate their preference to
Joe at 724-6206, or Dave at Wastewater headquarters. Please advise if there arc any problems
regarding this matter.
SCC:kl
cc: Michael Ortega
: . i
LEWIS REED & ALLEN P.C.
Attorneys
W. Feed Allen, Jr. 136 East Michigan Avenue, Suite 800 Of Counsel
Stephen M. Denenfeld Kalamazoo, Michigan 49007-3975 Richard H. Morris
Robert C. Engels Willy Nordwind, Jr.
Anne M. Fries Telephone 269-388-7600 • 269-381-3600 Edward P. Thompson
David A. Lewis Fax 269-349-3831
Dean S. Lewis Gould Fox
(1905-2002)
James M. Marquardt
Michael B. Ortega
Winfield J. Hollander
William A. Redmond (1906- I 996)
Richard D. Reed
July 31, 2003
Michael A. Shields
Barry R. Smith
Gregory G. Sr. Amauld
Geoffrey Upshaw
Sydney P. Waldorf
TO: MUSKEGON MUNICIPAL WASTEWATER MANAGEMENT COMMITTEE MEMBERS
Dear Management Committee Members:
Enclosed is a copy of the Resolution as executed following the Management Committee's action
at the July 23 regular meeting.
As we discussed at the meeting, you should now consider taking this to your board for individual
action, as specified in Paragraph No. 2 of the Resolution.
Please call if you have any questions.
Sincerely,
LEWIS REED & ALLEN P.C.
Michael B. Ortega
MBO:kjn
Enclosure
cc: Mr. Corwin w/enclosure
RESOLUTION
MUSKEGON MUNICIPAL WASTEWATER MANAGEMENT COMMITTEE
WHEREAS, the County of Muskegon has informed the Management Committee
regarding the status of the "close-out" of the $16 million wastewater bond issue, which
dates back to the early 1970s; and
WHEREAS, the County has informed the Management Committee that the subject
bonds have been fully paid, and that approximately $400,000 remain in a fund as a result
of charges imposed by the County to retire the subject debt; and
WHEREAS, the County has inquired as to the Management Committee's preferred
mechanism for refunding or crediting the current funds back to the Local Units; and
WHEREAS, Muskegon County Corporate Counsel, Steve Corwin, has issued an
opinion letter dated November 25, 2002, copy attached.
NOW THEREFORE the Muskegon Municipal Wastewater Management Committee
resolves:
1. The County of Muskegon is requested to return the surplus funds to the
respective individual Local Units, in proportion to their benefits and interests
in the system, as specified in Exhibit C to the 1970 Access Rights
Agreement, or apply the amount of surplus funds returnable to said Local
Unit as a credit against future wastewater charges.
2. Each such Local Unit should pass a Resolution specifying its choice for the
return of surplus funds or a credit, and deliver a copy to the County
Accounting Director, Mr. Joe Siedenstrang.
CERTIFICATE
I, Connie Smith, the duly appointed and acting Secretary of the Muskegon Municipal
Wastewater Management Committee, hereby certify that the foregoing resolution was
adopted by the Committee at a ~ meeting held on ,Jv
i 1 ~? ;2Li0 2.,, at
which meeting a quorum was present, by a vote of said members as hereinbef6re set forth;
that said resolution was ordered to take effect immediately.
Connie Smith, Secretary
G:\M 8 O\M MW M C\Resolution of June 2003 re wastewater bond issue and holding surplus for future application.wpd
2
------------'~'------------
WILL I AMS, HliGHES, CORWIN&: SININGER, PC.
,\I:0.L.~ ,,a :.\'11
,-""""'· "11hCJ.L,,...,_,:am
S"lJhoO C. eon,;.
°"UlPU M. l:iughc, oiCo~
~Ulam IL !iniogcr--
'Theoqcta ::,J, VilliJ.lJU, Jr. •-t. J-s.m.c:3 1.l:fflmcn, ){,;;:.
l'iovcmbcr 25, 2002 Oavii::!O.~a.
• Al.so Ad.mirn::i ln Ohio
:ti•;\lso A.cinuc~ La. COl.OC:1Uo
Joe Sir:den:m-mig,
Accoi:nti::.g; Director
Co'Ullty of).,{usl,:egon
Hall of Justice
.:viuskegoo., MI 49442
S'CBTECT: Sl6 ::vfillion Wa.stewater Bond Issue
Dear Mr. Sied.cnstr:mg:
You have requested an op-inion from this affic= .s ~ the 'c;ose-out" oftlle SL6 million
w-astcw-atc: bond :ssue, which dates back :o the early l970's.
It i~ ::iy ·.mderstar.ding ,hat these '::,a.ads h.a.'1c bci:n rJlly 1a.id and that several !llm~d '.hcu.smd
dollar, remain in a fund. as a re:sult oi charges imposed 'rr; the LllU!lty :.c. lts ei:or: :o recii:e ,uc:h
debt. It is fur..b.=ore my 1.17\d=din g, :,~ea. upon aur :.iscussicn. that ~ but =.ct ill of
31.lcii "su.-;,l~" funds Wet'!! g'3tler.i.ted. by "special miilages" issued. by c11e er mother oi:he Lacai
uait ;,artici:pants o!the wastewater ,ystern.
Tn.e qu~on. oi course, wblch :i.as b= posc<i is wb.at 3h.ould. be the disposition of su.ch iurplus
funds, both in g=ncra! t=s, a.id :noi:o: speci£cally, in light of the tact that a. ;iortion of mch
funcis may have been g=n=ted :mou$b. sucli "special :nilli.ges",
Aa you know, the S16 oond was based upon an ACC2&S Rights A~ent exee11tcd by :he
Coullt'f 'oy participating Local Units in 1970,
That Agrecmelit, while making provision for collcc:tion of di::ficiencies and 'Jtilizaticn of 3UrP1us
bond ;iroceeds, dacs not o::qil'iciily ~ the question of wb.at to do with surplus payments
made on account of such bonds. Noneth=leu,. Sc:cticn 17, which ~ the Issue of S\:ll."!)llls
bond funds. at leas,: by way of analogy, would ;e= to be helpful. That Section. provides:
• 17. After completion of the Systmi a:ad ?ayment of :ill costs thaeof, .tr/ surplus
r:=ainiDg !;;om ~e JlIOCecds of aalc: ofbonds sb.ail 'oe allocatcci;o thll r..ic:a1. Ullit
in ;)1"0t1crtion to its b.,,,efits .md. inter= in the Svstem _. Stleclfied in &hi.bit C
h~;~to· and U3r:d by the Board in tllc tocal Unit ~~r ~ither of th= .:ollowing
120 Wuc .,pplo Menu• , P.O. Jlo,r l99 · :14:•skea,,o, :(khi;u 494•4!-0:599
?31-726-18'7 • Su Hl•7:Z7-ll30 • S111arl l•"1•rs~•hcsp<.<0111.
.l'ti<:"S icden."t:'ani
E'a,,"C 2
Nov=oe::c 26, 2002
purposes, at ::J:.e apt.ice. of snd upon raqi:.est made '::y resolution of :he legislative
body of~ LO<:al Ull.i.t, to-wit (a.) for a.dditi.a=-al sarutru:y ,ewer improvements in
the Local t:cit, ;ubjee1: to ~roval of the Board, or (b) credited by ~e Board
toward :he r1e:1.t p~Dlcnl:! dllt: tlle Board by :he Local Cni t hereunder.''
Assumin~ :hat ibe ",iuq,lus" ge:ierat:d in sati.:ltl!ction of tile S 16 .:illlioc. bond~ b~ ,u!oc:ated
back'.<:: '.he Local units in accordance witb. the Access Rights formulas which last gove..~cd, it
Wollld appe-.... 3.pp10p1ia.l:e to indiv1dually credit such surpiuses back :o each. ;..ocal t:nit ~ against
m1lln bond ;aymcnt obliil!ti®B, u1.y under the 1989 bonda, or alternatciy, at a Local Unit
r=quest, ta retum i.cdividua.l. La<:al Unit surpluses.
Wbile Local Units ma.y individually desire acti.on !:.-o.c:i :heir iildividual ,egislative bodies, my
m,picion would be that beQUSC of:hc relatively s.m.aJl amounts :nvolved that the Wastewater
Manqomeri:t Committee might be able ta advi.se the Coumy as ro cl:..eir :olkctlve desire. To
such =r.d, I will be copying their attorney, )fr. ~ga, for bis r""1= and input.
ill co.c.clusioa, while it a:p-pc.u:s r:ha! individual crediting of S1Jr!)lus :o ind:i~idual Local t:nits will
be =ded, rather lh3ll. "ba.oki.ng" such fil!ld.s intc a c;;p.ltal ,-=placement r,:se::ve, I would
re:::ommcwi. subj~ to :Mr. Ortega's iDpllt, that sur,ilus "'" ~t•d as agaio.!;t [l.lture Local Gait
cost obligations, with creditillg done iA accor<iac.c: ?.Tith :he !a.st '.l,ove.-:u.ng Access Rights
:ormula.
Fmally, inaamuch as no distinction= be made by the C=ty lS oetWeen Local U!lits based
~on soUices of funds ~l~ by such Local Units in l)ayment of such. am.aunts, I do not oclieve
that~" question of wl:..etller ,w:h funds were based. upon special millage or ::ict can be a ri,lev~t
ca.aai.deraticn :rem t:bc County's penpective.
• nen C. Corwin
:,,J:uikci.on County Corpor.lie Counsel
SCC:kl
i:c: T!matb.y W ~ D~,:or Wast~
~hael Ortega, Attorney fer Wasiew:tter Mmagement C.:,mmitt...-c
fame.s Baruahkll, CoUllty Admimstra.tor
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Shoreline Dr.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT amending agreement no. 02-5019
for the Shoreline Dr. funding which was previously approved. The amendment
allows for the construction of Western Ave. between Pine & Terrace to be eligible
for funding from the $11,850,000 grant the City received for the Shoreline Dr.
Project. Funding of the Western Ave. will be limited to the extent grant money is
available. In the mean time, a special assessment district will be proposed for
that street in the event grant funds are not enough.
FINANCIAL IMPACT:
The estimated cost of reconstructing Western Ave., $100,000
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
RESOLUTION NO. 2004-25(9)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON AMMENDING CONTRACT NO.
02-5019 DATED JULY 23, 2002 FOR THE CONSTRUCTION OF SHORELINE DR. WITH THE
NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND
CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Commissioner Spataro and supported by Commissioner Gawron that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5643 between the Michigan Department of
Transportation and the City of Muskegon for the construction of Shoreline Dr. within the City is in the best
interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5643 be and the same is hereby
authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf
of the City of Muskegon.
Adopted this 9th day of March, 2004.
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on March 9, 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:1..D_tl_~
Gail A Kundinger, CityClerk
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION GLORIA J. JEFF
GOVERNOR LANSING DIRECTOR
March 25, 2004
RECEIVED
Ms. Gail Kundinger, Clerk •P_f:
! 1P, .,-.
1
'l 'C)
(. ?f!!l!,
City of Muskegon
933 Terrace Street, P.O. Box 536 City Clerks Office
Muskegon,MI49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 03-5643
Control Section: MBS 61153; MBS 61151
Job Number: 56028;59527
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~/it~~
Jackie Burch
Contract Processing Specialist
Design Division
Enclosure
cc: D. Finch, Economic Development
Project Accounting, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
CAB
AMENDMENT TO CONTRACT 02-5019 Control Section MBS 61153; MBS 61151
Job Number 56028; 59527
Contract No. 03-5643
THIS AMENDATORY CONTRACT is made and entered into this date of
:1\AR l 7 200 11 by and between the MICHIGAN DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the CITY OF
MUSK.EGON, a Michigan municipal corporation, hereinafter referred to as the "REQUESTING
PARTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to this
Amendment to CONTRACT #02-5019.
WITNESS ETH:
WHEREAS, the parties to the Amendment have heretofore, by a Contract dated July 23,
2002, hereinafter referred to as "CONTRACT 02-5019" provided for the construction and
financing of that which is hereinafter referred to as the "PROJECT" and is described as follows:
PART A- MBS 61153; JOB# 56028
New construction work for the Shoreline Drive Connector from Highway US-31BR to
the existing Shoreline Drive at Terrace Street; and all together with necessary related
work.
PART B - MBS 61151; JOB# 59527
Coldmilling and bituminous resurfacing work along Shoreline Drive from the existing
Highway US-3 lBR northerly to Fourth Street and Pavement and removal and
replacement work along Shoreline Drive from Fourth Street northerly to Terrace Street;
and all together with necessary related work.
WHEREAS, the DEPARTMENT and the REQUESTING PARTY having appropriate
authority desire to amend CONTRACT 02-5019 to replace the individual capped amount of
State Build Michigan III Funds for each PART with a total capped amount of State Build
Michigan III Funds for the combined PARTS A and Band to include reconstruction work along
Western Avenue in the PART B portion of the PROJECT work.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that:
1. The PART B portion of the project description of CONTRACT 02-5019 is
revised to read as follows:
2/4/87 amend.for 12/18/03 I
PARTB-MBS 61151; JOB# 59527
Coldmilling and bituminous resurfacing work along Shoreline Drive from the
existing Highway US-31BR northerly to Fourth Street and Pavement, removal
and replacement work along Shoreline Drive from Fourth Street northerly to
Terrace Street, and reconstruction work along Western Avenue from Pine Street
to Terrace Street; and all together with necessary related work.
2. Section 5 of CONTRACT 02-5019 is revised to read as follows:
5. The PART A and B portions of the PROJECT COST shall be met by
contributions by State Build Michigan III Funds. State Build Michigan III Funds shall be
applied to the eligible items of the combined PART A and B portions of the PROJECT
COST up to an amount not to exceed the total of $11,850,000, the grant amount. The
balance, if any, of the PART A and B portions of the PROJECT COST, after deduction
of State Build Michigan III Funds, is the sole responsibility of the REQUESTING
PARTY.
Costs for PROJECT work performed by the REQUESTING PARTY that are
eligible for payment under this contract will be based on the actual labor, material, and
equipment supplied by the REQUESTING PARTY for the PROJECT and under the
REQUESTING PARTY'S direct control. Costs for PROJECT work performed under
subcontract with the REQUESTING PARTY that are eligible for payment under this
contract will be based on the terms and conditions set forth in the formal written
agreement between the REQUESTING PARTY and the subcontractor and approved by
the DEPARTMENT as applicable.
It is understood that payment of costs is subject to cost criteria set forth in Section
4C and any changes in the scope of work for the PROJECT will require approval by the
DEPARTMENT.
Upon receipt of the "Request for Payment Form" from the REQUESTING
PARTY, the DEPARTMENT will authorize payment to the REQUESTING PARTY for
one half of the eligible grant amount upon execution of this contract and the balance of
the eligible grant amount six (6) months after execution of this contract.
3. EXHIBIT I of CONTRACT 02-5019 is superseded by EXHIBIT I REVISED,
dated December 18, 2003, attached hereto and made a part hereof. Any references to EXHIBIT I
in CONTRACT 02-5019 shall be construed to mean EXHIBIT I REVISED.
4. Except as amended by the provisions herein, all of the provisions, covenants, and
obligations of the parties contained in CONTRACT 02-5019 shall remain in full force and effect.
5. The REQUESTING PARTY waives any and all claims it has or may have against
the DEPARTMENT which arise out of the need to amend CONTRACT 02-5019.
1/2/02 BMIIIDIR.WPD 12/18/03 2
6. This Amendatory contract shall become binding on the parties hereto and of full
force and effect upon the signing thereof by the duly authorized officials for the parties hereto;
upon the adoption of the necessary resolution approving said contract and authorizing the
signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of
which resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
MICHIGAN DEPARTMENT
OF TRANSP RTATION
By,___,:~~~~~~~~µ..a
Title: Gail A. Kundinger
City Clerk
2/4/87 amend.for 12/18/03
3
December 18, 2003
EXHIBIT I REVISED
CONTROL SECTION MBS 61153; MBS 61151
JOB NUMBER 56028;59527
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $8,800,000 $3,050,000 $11,850,000
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $8,800,000 $3,050,000 $11,850,000
Less State Build Michigan III Funds* $8,800,000 $3,050,000 $11,850,000
BALANCE (REQUESTING PARTY'S SHARE) $ -0- $ -0- $ -0-
*State Build Michigan III Funds shall be applied to the eligible items of the PART A and B
portions of the PROJECT COST up to a total amount not to exceed $11,850,000 for the
combined PARTS A and B.
NO DEPOSIT
2/4/87 amend.for 12/18/03
4
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Balancing Change Order for the Lakefront Project
SUMMARY OF REQUEST:
Approve the final estimate on the Lakefront Development project. The final cost
of the contract with Jackson Merkey has reached a total of $1,657,878.45 which
is $417,720.8 over the awarded amount of $1,240,157.65. The overages are
attributed to the site conditions as described in the attached memo.
FINANCIAL IMPACT:
The total cost of the project is part of the consent special assessment between
the City & Lakefront LLC and will be repaid by the developer over time.
BUDGET ACTION REQUIRED:
None. The overage was taken into account when the final 2003 budget revision
was adopted.
STAFF RECOMMENDATION:
Approve the final estimate.
COMMITTEE RECOMMENDATION:
MEMORANDUM
To: Mayor and City Commissioners
From: Mohammed Al-Shatel, City Engineer
Date: March 3, 2004
Re: Balancing Change Order for the Lakefront Project
The Lakefront construction contract with Jackson Merkey has been completed and a final estimate has been
prepared, however before payment is made, I must make you aware of the following:
The contract was awarded to Jackson Merkey for a price of $1,240,157.65 however; the
final cost has reached $1,657,878.45. The overruns are attributed to the site conditions.
As you may recall, the site had a lot more buried concrete and undesirable materials than
anyone had anticipated. In fact, in some areas we had to cut trenches through the old
cooling tunnel and intake pipes for the old power plant.
The overruns are of two categories, the first one is in the form of change orders (4) that
included payments for removal of 5' concrete foundations, additional dewatering for the
construction of sanitary sewer line that was added after the bids to accommodate the
proposed Gallispie development, concrete crushing which ended up saving additional
sand fill, increased the thickness of the concrete from 6" to 8" (sub-base materials are less
than ideal), 4 & 6" conduits for future electrical & telephone placed under the roadway,
irrigation system for the boulevard section.
The second category of overrun was mostly due increase in the bid quantities for bid
items such as sand fill, top soil & seed. Those increases were the result of the site
condition as well.
In conclusion, while I understand that the increase is substantial, the results are worth it.
As a matter of fact, while I was writing this memo I was informed by the concrete
association representative that the City has received to excellence award one of which
was for this project.
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Recommendation for Annual Renewal of Liquor
Licenses
SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 50-146 and 50-147 of the Code of Ordinance for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 23, 2004, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
Resolution No. 2004-26(a)
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the
Code of Ordinances of the City of Muskegon:
SEE ATTACHED LIST OF VIOLATIONS
AND WHEREAS, a hearing was held on March 9, 2004, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non:..compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing of Notices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 23, 2004, they will be removed
from this Resolution.
Approved and adopted this 9 th day of March, 2004.
AYES: Larson, Spataro, Warmington, Carter, Davis, Gawron
NAYS: None
ABSENT: Shepherd
Gail A. Kundinger, MMC
City Clerk
LIST OF VIOLATIONS
Name Address Clerk Inspection Treasurer
Applebee's 1825 E Sherman NO
Clover Bar 817 Forest NO NO
Cuti's Sports Bar 677 W Laketon NO NO
Docker's Waterfront Cafe 3505 Marina View NO NO
Elks Lodge 149 Ottawa NO NO
Muskegon Rec. Club 1763 Lakeshore NO
Muskegon Yacht Club 3198 Edgewater NO
Polish Roman Gath Union 1890 Henry NO
Porthole Bar 1300 W Sherman NO
Rafferty's Restaurant 601 Terrace Point NO
Sherm's Saloon 1934 Peck NO
Someplace Else Ill 1508 W Sherman NO
Wesco Inc 1075 W Laketon NO
CERTIFICATION
2004-26(a)
This resolution was adopted at a regular meeting of the City Commission, held on March
9, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, MMC, Ci
Commission Meeting Date: March 9, 2004
Date: February 26, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing and Resolution Revoking a Personal Property
Industrial Development Certificate - Burgess-Norton Mfg. Co.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that the
personal property component of Industrial Development Certificate No. 96-741 issued to
Burgess-Norton Manufacturing, Co. be revoked. The certificate was originally requested
October 22, 1996 by Burgess-Norton Manufacturing Co. Burgess-Norton ceased
operations in 2003 and the building has been sold to Re-Source Industries, Inc.
FINANCIAL IMPACT:
Burgess-Norton and the City came to an agreement in 2003 for reimbursement of a portion
of the abated taxes.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To hold the public hearing and authorize the Mayor and Clerk to sign the resolution revoking
the personal property component of IFT certificate No. 96-741.
COMMITTEE RECOMMENDATION:
None
2/26/2004
Resolution No. 2 004- 2 6 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION REVOKING THE PERSONAL PROPERTY COMPONENT OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE NO. 96-741
BURGESS NORTON MANUFACTURING, CO.
WHEREAS, the City of Muskegon issued an Industrial Facilities Exemption Certificate to Burgess-
Norton Manufacturing, Co. in 1996; and
WHEREAS, a signed Tax Abatement Contract between Burgess Norton Manufacturing, Co., and the
City of Muskegon took effect on October 22, 1996, with Burgess Norton Manufacturing, Co.,
agreeing to install $4,396,000 in machinery and equipment; and
WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2008; and
WHEREAS, Burgess Norton Manufacturing, Co. has sold it's assets at auction and has eliminated the
jobs created or retained; and
WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the Company's
facilities in the City" shall be considered an event of default; and
WHEREAS, accoring to Section Four of the Tax Abatement Contract, in instances of default Burgess
Norton Manufacturing, Co., consents to the immediate revocation of the IFT Certificate; and
WHEREAS, appropriate certified notice has been sent to Amsted Industries, parent company of
Burgess Norton Manufacturing, Co. on February 24, 2004, notifying the company of the intent to
revoke the personal property component of Industrial Facilities Exemption Certificate No. 96-741.
NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that the personal
property component of Industrial Facilities Exemption Certificate No. 96-741, Burgess Norton
Manufacturing Co., is revoked.
Adopted this 9th day of March, 2004.
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: None
CERTIFICATION
2004-26(b)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
on March 9, 2004.
~ Q- ~~
Gail Kundinger
A.
Clerk,MMC
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Strong Ave. from Jefferson St. to Peck St.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Strong Ave. from
Jefferson st. to Peck St., and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2004-26(c)
Resolution At First Hearing Creating Special Assessment District
For Strong Ave. from Jefferson St. to Peck St.
Location and Description of Prope1iies to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 9, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
infonnation are on file with the City and have been reviewed for this heating.
3. At the hearing held March 9, 2004, there were 46.06% objections by the owners of the
property in the district registered at the heating either in writing received before or at the
heating 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 detetmines them to be reasonable.
2. The City Commission has considered the value of the propetiy to be assessed and the
value of the benefit to be received by each propetiy proposed to be assessed in the district
after the improvements have been made. The City Commission detennines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the prope1iy.
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 detennines 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
Depatiment 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 Gawron
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 27.81 % 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 prope1ties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Spataro, Wannington, Carter, Davis, Gawron, Larson
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 9, 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 ---'t:~~~~,__~~ -::!::!Y.~~~~-
Gail A. Kundinger, Clerk
EXHIBIT A
Strong Ave. from Jefferson St. to Peck St.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Strong Ave. from Jefferson St. to Peck St.
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Strong Ave. Jefferson St. to Peck St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNIT ED STATES MAIL RECEPTACLE ON THE 27TH DAY OF FEBRUARY,
2004. LO. L .
GAIL A. KUNDINGER, CITY ~ K
SUBSCRIBED AND SWORN TO BEFORE ME THIS
//ti, DAY OF /lla&1/4 , 2004.
~ &<1. ;Jdt;z
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 - ;? .s--rJ t
ENGINEERING FEASIBILITY STUDY
For
STRONG AVE. FROM JEFFERSON ST. TO PECK ST.
The proposed reconstruction of Strong between Jefferson & Peck was initiated by the city due to
the pavement conditions and the lack of drainage. The proposed reconstruction of this section of
Strong will enhance the curb appeal of the immediate area in particular and the entire
neighborhood in general. The proposed reconstruction is necessary to improve the ride quality
and also will facilitate the construction of a new 8" water main along with services to adjacent
parcel. The proposed project consist of complete removal of existing pavement along with curbs
& gutter and the construction of a new 28' back to back curb & gutter street along with all
necessary drainage facilities.
The proposed improvements will address at least two of the established goals, those arc;
• Improve the City's infrastructure
• Enhance the appearance of that area.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
prope11ics, is attached.
The preliminary cost estimate for the work associated with paving is approximately $101,000
with the length of the project being approximately 650 lineal feet or 799 of assessable footage.
This translates into an estimated improvement cost of $126 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 February 25, 2004
Douglas A. Bennett Mohammed Al-Shatel, City Engineer
District 7 City of Muskegon
933 Tenace Street
Charles L. Buzzell
District 2 Muskegon, MI 49443
James J. Derezinski Mr. Al-Shatel:
District 4
In accordance with your request, I have examined the proposed special assessment
Marvin R. Engle district entailing the reconstruction of Strong Avenue between Jefferson Street and
District 5 Peck Street. The purpose of this analysis is to document the reasonableness of this
special assessment district by identifying and quantifying any accrued benefits. It is
Louis A. McMurray
District 9 subject to the normal governmental restrictions of escheat, taxation, police power and
eminent domain. The effective date is February 25, 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 reconstruction of the above
District 1 mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of $35.78. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
J~t,~ Q_~ v-r
Vicki A Emery, CMAE 3
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILDING C • MUSKEGO N, Ml 49442
(231) 724-6386 • FAX (231) 724-1129
TTY (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
February 27, 2004
Dear :OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.
A public hearing is also scheduled for this project on MARCH 9, 2004. If you attend this public
hearing you will be given an opportunity to present your questions and potential concerns on
the proposed special assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 27, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
STRONG AVE., JEFFERSON ST. TO PECK ST.
The proposed special assessment district will be located as follows:
All parcels abutting Strong Ave. from Jefferson St. to Peck St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 9, 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 $101,000.00 of which
approximately 27.81 % ($28,084.85) 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
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1578
Project Title: STRONG AVE., JEFFERSON ST. TO PECK ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 92 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $3,233.80
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 92 FT OF S 66 FT OF LOT 5 &
W 92 FT OF LOT 6 BLK 384
Your vote COUNTS!
• •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
Signature
---------- CoOwner/Spouse
Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
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-1578
STRONG AVE., JEFFERSON ST .. TO PECK ST.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
.
HOUSEHOLD INFORMATION .
Name: Birth date: Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _ -_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infornrntion)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _ -_ _
Name Birthdate Social Security # - -
. .
. INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all infonnation furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER 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
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
CAMPUS ST.,JEFFERSON ST. TO WASHINGTON AVE.
AND
STRONG A VE., JEFFERSON ST. TO PECK ST.
The specific locations of the special assessment districts and the propetties proposed to be assessed are:
All parcels abutting Campus Ave. from Jefferson St. to Washington Ave.
And
All parcels abutting Strong Ave. from Jefferson St. to Peck St.
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 MARCH 9, 2004 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF Tl-IE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: February 28, 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 1578
RECONSTRUCTION HEARING DATE MARCH 9, 2004
STRONG AVE., JEFFERSON ST. TO PECK ST.
1 PUFFER RONALD/MARIAN ASSESSABLE FEET: 92
24-205-384-0006-00 8509 S SURFSIDE DR COST PER FOOT: $35.15
@ 1260. JEFFERSON MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $3,233.so 1
2 MAY PROPERTY MANAGEMENT ASSESSABLE FEET: 40
24-205-384-0006-10 3947 NORTON HILLS RD COST PER FOOT: $35.15
@ 86.0 STRONG AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,406.00 1
3 GODBOLD ANISSA ASSESSABLE FEET: 38
24-205-384-0007-00 744 MOUL TON AVE COST PER FOOT: $35.15
@ 78.0 STRONG AV N MUSKEGON Ml 49445 ESTIMATED P.O._ COST: I $1,335.70 1
4 ASBELCO PROPERTY CO ASSESSABLE FEET: 47
24-205-384-0007-20 830 TOSTENABE LN COST PER FOOT: $35.15
@ 1259. SANFORD S MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,652.05 1
5 ASBELCO PROPERTY CO ASSESSABLE FEET: 41
24-205-383-0006-00 830 TOSTENABE LN COST PER FOOT: $35.15
@ 1258. SANFORD S MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,441.15 1
6 ASBELCO PROPERTY CO ASSESSABLE FEET: 50
24-205-383-0006-10 830 TOSTENABE LN COST PER FOOT: $35.15
@ 34.0 STRONG AV MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,757.50 1
7 LIVINGSTON JASON F/SCOTT W ASSESSABLE FEET: 42
24-205-383-0007-00 712 MOULTON AVE COST PER FOOT: $35.15
@ 1249. PECK ST NORTH MUSKE Ml 49445 ESTIMATED P.O. COST: I $1,476.30 1
2/27/2004 Page 1 of 2
RECONSTRUCTION HEARING DATE MARCH 9, 2004
STRONG AVE., JEFFERSON ST. TO PECK ST.
8 QUALITY COMMUNICATIONS OF ASSESSABLE FEET: 45
24-205-383-0007-10 1240 4TH ST COST PER FOOT: $35.15
@ 1259. PECK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,581.75 I
9 ST JEAN'S CATHOLIC CHURCH ASSESSABLE FEET: 189
24-205-395-0001-00 1292 JEFFERSON COST PER FOOT: $35.15
@ 1292. JEFFERSON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $6,643.35 J
10 BECKMAN FLOYD ASSESSABLE FEET: 49
24-205-394-0001-00 4106 FENNER COST PER FOOT: $35.15
@ 1280. SANFORD S MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,722.35 1
11 CLOETINGH RUSSELL JR TRUS ASSESSABLE FEET: 34
24-205-394-0001-10 1275 PECK ST COST PER FOOT: $35.15
@ 29.0 STRONG AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,195.10 1
12 CLOETINGH RUSSELL JR TRUS ASSESSABLE FEET: 50
24-205-394-0016-00 1275 PECK ST COST PER FOOT: $35.15
@ 23.0 STRONG AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,757.50 1
13 CLOETINGH JR TRUST ASSESSABLE FEET: 82
24-205-394-0015-00 1275 PECK ST COST PER FOOT: $35.15
@ 1275. PECK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,882.30 1
SUM OF ASSESSABLE FOOTAGE: 799.00 SUM OF ESTIMATED P.O. COST: $28,084.85 I
TOTAL NUMBER OF ASSESSABLE PARCELS 13.00
2/27/2004 Page 2 of 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1578
Project Title: STRONG AVE., JEFFERSON ST. TO PECK ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by maii, sirn~ly fold on the dotted lin0s 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: 1260 JEFFERSON ST
Parcel Number 24-20 5-384-0006-00
Assessable Frontage: 92 Feet_ _ =-=~-;-;-;:=i=;;;,
$35.15
AECEIVED
per I oaf '
Estimated Front Foot Cost:
ESTIMATED TOTAL COST $3,233.80
MAR () ,no1,
Property Description City Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 92 FT OF S 66 FT OF LOT 5 &
W 92 FT OF LOT 6 BLK 384
Your vou:: lAJUi'IIT0!
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1578
Project Title: STRONG AVE., JEFFERSON ST. TO PECK ST.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return rt to thEl City Clerk's Office. To
return this card by mail, simpiy fold ontl1e ·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. RECEIVED
Assessment Information
Ai\.f:I n .- '.(nrth
Property Address: 1280 SANFORD ST
h!-11, '' .
Parcel Number 24-205-394-0001-00 City Clerks Office
Assessable Frontage: 49 Feet
Estimated Front Foot Cost: $35.15 per Foot RECEIVED
ESTIMATED TOTAL COST $1,722.35
Property Description
City Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 98 FT LOT 1 BLK 394
-
Your vote COUNTS!
Owner J4:ztL
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR
/ll ·j;f_:,d1,0.,.___,, CoOwner/Spouse
I AM OPPOSED IX!
Signature ~/ o'{ cl fY\. . ~p ed0via,, Signature
------------
Address L//()l, fe1111,::., !G::l Address
Thank you for taking the time to vote on this important issue. 10
H-1578 - STRONG AVE., JEFFERSON ST. TO PECK ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -13
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
·oTAL ASSESSABLE FRONT FOOTAGE 799.000 ••• 1 1260 JEFFERSON 24-205-384-0006-00 92.00
10
'1 ~. 0"
10 1280 SANFORD 24-205-394-0001-00 49 .00
'RONT FEET OPPOSED 141 .000 17.65%~
71 ,Jt;-on/
,ESPONDING FRONT FEET IN FAVOR 0.000 0.00%
.OT RESPONDING - FRONT FEET IN FAVOR 658.000 ~
y 1.,q 1._
~
·oTAL FRONT FEET IN FAVOR 658.000 ~
TOTALS 0.00 141.00
TABULATED AS OF: 05:02 PM
3/9/20045:02 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON STRONG
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Campus Ave. from Jefferson St. to Washington Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Campus Ave. from
Jefferson St. to Washington Ave., 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. 2004-26(d)
Resolution At First Hearing Creating Special Assessment District
For Campus Ave. from Washington to approximately 100' north of Fourth St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 9, 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 March 9, 2004, there were 31.35% 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 Shepherd and _ _--'--G-"-a-'-
w--"-r-"-
o-'-'n'---_ _ _ __
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 19.86% 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: Warmington, Carter, Davis, Gawron, Larson, Spataro
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 9, 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 Lo.L
Gail A. Kundinger, Clerk 6
,.;;
EXHIBIT A
CAMPUS AVE. FROM JEFFERSON ST. TO WASHINGTON AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Campus Ave. from Washington to approximately 100' north of
Fourth St.
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AFFIDAVIT OF MAILING
ST ATE OF MICHIGAN )
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COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Campus Ave. Jefferson St. to Wahington Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF FEBRUARY,
2004.
GAIL A. KUNDINGER, CITY
SUBSCRIBED AND SWORN TO BEFORE ME THIS
1/bt DAY OF ;0'aa,c/2... , 2004.
ainda J JG-14~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f ·ol hs--o
ENGINEERING FEASIBILITY STUDY
For
CAMPUS AVE. FROM JEFFERSON ST. TO WASHINGTON AVE.
The proposed reconstruction of Campus between Jefferson & Washington was initiated by the
city due to the pavement conditions and the lack of drainage. The proposed reconstruction of
this section of Campus will enhance the curb appeal of the immediate area in particular and the
entire neighborhood in general. The proposed reconstruction is necessary to improve the ride
quality and also will facilitate the construction of a new 8" sanitary seer line along with services
to adjacent parcel. The proposed project consist of complete removal of existing pavement along
with curbs & gutter and the construction of a new 34' back to back curb & gutter street along
with all necessary drainage facilities.
The proposed improvements will address at least two of the established goals, those are;
• Improve the City's infrastructure
• Enhance the appearance of that area.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $148,000
with the length of the project being approximately 800 lineal feet or 799 of assessable footage.
This translates into an estimated improvement cost of$ I 26 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 February 25, 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 reconstruction of Campus Street between Jefferson Street and
District 5 Washington Avenue. 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 is
District 9 subject to the normal governmental restrictions of escheat, taxation, police power and
eminent domain. The effective date is February 25, 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 presented,
District 6
the proposed special assessment district encompasses primarily residential properties.
Stephen A. Wisniewski The front foot rate of $3 5 .15 for the paving of the above mentioned project area
District 1 appears reasonable in light of an analysis that indicates a possible enhancement of
$36.66. The conclusions are based upon the data presented within this limited analysis
in restricted format, and on supporting information in my files.
Sincerely,
J~ \L( c1. ~~c
Vicki A Emery, CMAE 3
Senior Appraiser
EQUALIZATION DEPARTMENT • 173 E. APPLE AVE ., BUILD IN G C • MUSKEGON, Ml 49442
(23 1) 724-6386 • FAX (231) 724-11 29
TTY (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
February 27, 2004
Dear :OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.
A public hearing is also scheduled for this project on MARCH 9, 2004. If you attend this public
hearing you will be given an opportunity to present your questions and potential concerns on
the proposed special assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 27, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Campus Ave. from Jefferson St. to Washington Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 9, 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 inciudes 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 $148,000.00 of which
approximately 19.86% ($29,390.32) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $2,319.90
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 12 EX W 33 FT BLK 398
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.
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-1579
CAMPUS AVE., JEFFERSON ST. TO WASHINGTON A VE.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _ -_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _ -_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
. ..
. INCOME INFORMATION .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Prope11y taxes must be current to qualify and will be verified by CDBG staft)
.
.
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all infonnation furnished in supp01t 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
STREET- H-1579
CAMPUS A VE., JEFFERSON ST. TOW ASHINGTON AVE.
REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
Note: You may receive this application several times - If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected 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
mcome.
2003
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
l $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,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:0Op.m.
The City rese111es the right to verify all application information, and to reject any applications that contain falsified information or insi~fjicient
docttmentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
CAMPUS ST., JEFFERSON ST. TOWASHING TON A VE.
AND
STRONG A VE., JEFFERSON ST. TO PECK ST.
The specific locations of the special assessment districts and the prope1ties proposed to be assessed are:
All parcels abutting Campus Ave. from Jefferson St. to Washington Ave.
And
All parcels abutting Strong Ave. from Jefferson St. to Peck St.
The City C01nmission proposes that the City and prope,ty 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 MARCH 9, 2004 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DA TE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: Febmary 28, 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
SPECIAL ASSESSMENT H 1579
RECONSTRUCTION HEARING DATE MARCH 9, 2004
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
1 THOMAS EDNA J ASSESSABLE FEET: 66
24-205-398-0012-10 190 WASHINGTON AVE COST PER FOOT: $35.15
@ 1411. 5TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,319.90 1
2 CROCKER JAMES D/KRISTY R ASSESSABLE FEET: 27.3
24-205-398-0013-00 1403 5TH ST COST PER FOOT: $35.15
@ 1403. 5TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: l.___$_9_59_.6_0~I
3 BISSON RICHARD E ASSESSABLE FEET: 60
24-205-397-0009-20 1392 5TH ST COST PER FOOT: $35.15
@ 1392. 5TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2, 109_00 1
4 THURSTON ARTHUR ASSESSABLE FEET: 43
24-205-397-0007-00 3164 DUNE ST COST PER FOOT: $35.15
@ 160.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,511.45 1
5 FETTIG TODD M/ERIN J ASSESSABLE FEET: 43.16
24-205-397-0006-00 154 CAMPUS AVE COST PER FOOT: $35.15
@ 154.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,517.07 1
6 WINEGAR R/KLINGEMAIER B ASSESSABLE FEET: 42.75
24-205-397-0006-10 148 CAMPUS AVE COST PER FOOT: $35.15
@ 148.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,502.66 1
7 ERICKSON DAVID/JANE ASSESSABLE FEET: 66
24-205-397-0005-00 1347 4TH COST PER FOOT: $35.15
@ 1347. 4TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,319.90 1
2/26/2004 Page 1 of 3
RECONSTRUCTION HEARING DATE MARCH 9, 2004
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
8 DORSEY PAMELA J ASSESSABLE FEET: 77
24-205-399-0006-00 170 WASHINGTON AVE COST PER FOOT: $35.15
@ 170.0 WASHINGT MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,706.55 1
9 PASTOOR TODD J ASSESSABLE FEET: 83
24-205-399-0008-00 165 CAMPUS AVE COST PER FOOT: $35.15
@ 165.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,917.45 1
10 WINEGAR PHYLLIS C ASSESSABLE FEET: 38
24-205-399-0009-00 159 CAMPUS AVE COST PER FOOT: $35.15
@ 159.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,335.70 1
11 STEIN JEAN M ASSESSABLE FEET: 56
24-205-399-0001-00 153 CAMPUS AVE COST PER FOOT: $35.15
@ 153.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,968.40 1
12 NEAL PATRICIA L ASSESSABLE FEET: 88.93
24-205-399-0001-10 123 CAMPUS COST PER FOOT: $35.15
@ 123.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,125.89 1
13 ROZYSKI STEPHEN C ASSESSABLE FEET: 43.5
24-205-399-0001-20 115 CAMPUS COST PER FOOT: $35.15
@ 115.0 CAMPUS AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,529.03 1
14 SCOTT PERCY ASSESSABLE FEET: 64.4
24-205-396-0004-20 1338 4TH ST COST PER FOOT: $35.15
@ 1348. 4TH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,263.66 1
2/26/2004 Page 2 of 3
RECONSTRUCTION HEARING DATE MARCH 9, 2004
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
SUM OF ASSESSABLE FOOTAGE: 799.04 SUM OF ESTIMATED P.O. COST: $2a,oa6.26 1
TOTAL NUMBER OF ASSESSABLE PARCELS 14.00
2/26/2004 Page 3 of 3
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by maii, simpiy fold on the dotted lir.cs cc 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: 1392 5TH ST
Parcel Number 24-205-397-0009-20
Assessable Frontage: 60 Feet
RECEIVED
Estimated Front Foot Cost: $35.15 per Foot
MA[\
Ail °' r,;' ''/'if"
(' ;, !!.1
ESTIMATED TOTAL COST $2,109.00
Property Description C Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
SELY 47 213 FT OF SWL Y 57 314 FT LOT 8 &
SEL Y 47 2/3 FT LOT 9 BLK 397
Your vote CUUNTS!
Owner
I AM IN FAVOR
@e J/11/?JJ £
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
,8/S5e1Jr'coowner/Spouse /)fl/~V
I AM OPPOSED
/?
lX]
,6/S.'5'CJP
s;gnatoce
Address
A&LJ f ~
l.27ii. ( z ~
s;gnaruce : : ' : : •
Address ...
,f.~
_....;5,;...~---<-------
J:lZf-""-"-a"-.
3
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
RECEl\n=n
INSTRUCTIONS MAR n 1nn •
1
If you wish to have your written vote included as part o U~ittf ~ ion o( votes forwarded to
the City Commission for the scheduled public hearing, r Mccard 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
RECEIVED
Property Address: 160 CAMPUS AVE
MAR () ,) ?nni,
Parcel Number 24-205-397-0007-00
Assessable Frontage: 43 Feet
C' Clerks Office
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,511.45
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
SWLY 38 FT6 IN LOT 7 &
NELY 4 FT 6 IN LOT 8 BLK 397
ALSO THAT PORTION SE 1/2 ALLEY
ADJ TO NELY 4 FT 6 IN LOT 8 BLK 397
Your vote COUNTSi
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED IX I
o_wner
Signature
.· fi?f~.' .7A ,,
u ~~;;J::!J&.
~ -
,sUi~awoec/Spoose ¼"-:s ·Y wt,,
S i g n a t u r e ~ ~.-/~-.,.---~-:
Address J/6-/ '.0¼'.':£ 5rj- Address 3/ (e '-( 047 g _s·r
Thank you for taking the time to vote on this important issue. 4
~dz_~
~
-~J~e,
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1403 5TH ST
Parcel Number 24-205-398-0013-00
Assessable Frontage: 27.3 Feet
RECEIVED
Estimated Front Foot Cost: $35.15 per Fo, t
MAR n ,, :1nn 1,
ESTIMATED TOTAL COST $959.60
Property Description City Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 13 BLK 398 &
COM AT NE COR LOT 11
TH S ALG E LN LOT 11 6 FT TO POB
TH CONT SALGE LN LOT 1110 FT NWLY9 FT TOA PT 4 FT SWLY OF POB TH NELY 4 FTTO POB
Your vote COUNTS!
1AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED l2sJ
Owner ~L..:.:.;=__,..~;;,;-.,....;...--- CoOwner/Spouse c \(ff)~~ (~ee;Lr
Signature Signature Yvi,,c,1,.;. ( MT).p"-
Address Address 0 ri <:'l
\l\~~ f;"t-\"\\ ill-
Thank you for taking the time to vote on this important issue. 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by rnail, 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
RECEIVEi57
Property Address: 170 WASHINGTON AVE
MAR n · ';r,(;I,
I
Parcel Number 24-205-399-0006-00
Assessable Frontage: 77 Feet c· Clerks Office
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $2,706.55
Property Description RECE/Vt=I) I
CITY OF MUSKGON
REVISED PLAT OF 1903
MAR n 'inn!, ·
W 1/3 LOTS 6-7 BLK 399
City Clerks o·
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
__,- I (
I AM OPPOSED
C(~
[a'
Owner ii> ..\. ,
:_,., 1\l \').C \ S;[!_,1:) CoOwner/Spouse \. pA. ',, , j-, \c_,,>\
Signature ' r1\,,/v\i~~ l_}• t)&v~~ Signature c':>)~✓ (: C-10✓,-~---" ·,
Address )1 U UJ\~ h1,,L)-bc· n ,:\J t. . Address \'I u \ \.' 6:.,,'," ,,\1c1) (.\5".J
8
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted !ines 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: 154 CAMPUS AVE
Parcel Number 24-205-397-0006-00
Assessable Frontage: 43.16 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,517.07
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 21 FT 7 IN LOT 6
EX NWLY 17 FT OF SWLY 1.33 FT OF NELY 44 FTTH'OF
ALSO INCLE 21 FT 7 IN LOT 7 BLK 397
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
Owner
8~•==-- CoOwner/Spouse
-G,_"':'..o~,\~,_\=-::::...G::---t~t;':::~ C_; t (\ J Fe.-+t l 'l'l
\;T ;,;:= Iit\&:;~
Signature
Address :~;,::,rn
Thank you for taking the time to vote on this important issue. 5
March 9, 2004
Dear Commissioners:
We support improvements to City infrastructure and efforts to strengthen our
neighborhood. However, we cannot support the current proposal to repave Campus
Avenue, Jefferson Street to Washington Avenue.
For nearly six years we have lived at 154 Campus and have seen, heard and felt several
buses and trucks zoom past our home every day. Without doubt, these heavy vehicles
contribute to the wear and tear of Campus Avenue. We embrace public transportation and
its benefits to the community, but we are not sure that Campus Avenue was ever intended
or designed to carry such a heavy load of traffic. Therefore, we encourage further studying of
traffic patterns along this stretch of road before rushing into the repaving project. Such a
study should explore usage and weight restrictions. It also should take into account safety
concerns and recommend new traffic calming initiatives. Two areas of particular concern are
the Fourth/ Jefferson/Campus intersection and the Campus/Fifth intersection. Both areas
have completely inadequate signage.
Another concern is the financial burden imposed by the proposed repaving project. In
2001, the City replaced damaged sidewalks throughout much of the Nelson
Neighborhood, including the area targeted for the street repaving proposal. Many residents
still are paying off the sidewalk assessment and cannot take on added financial stress. We
also fear the new sidewalks could be damaged during the repaving process, as indicated in
the letter from the City notifying us of the latest proposal. We would object to paying twice
to replace the same stretch of sidewalk.
We unfortunately are unable to attend the March 9, 2004, hearing on the special
assessment, but we hope this letter will be considered in your discussion. Please feel free
to call us at 727-8120 with any questions or concerns regarding this matter.
Sincerely,
_..1,.-.il ,. ~
~ ~cctb·-~
Todd Fettig ••..
and Erin Fettig
H-1579 CAMPUS AVE., JEFFERSON ST. TO WASHINGTON AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -14
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 799.040 ••• 5 154 CAMPUS 24-205-397-0006-00 43.16
4 160 CAMPUS 24-205-397-0007-00 43.00
FRONT FEET OPPOSED 250.460 31.35% 3 1392 FIFTH 24-205-397-0009-20 60.00
2 1403 FIFTH 24-205-398-0013-00 27.30
RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 8 170 WASHINGTON 24-205-399-0006-00 77.00
NOT RESPONDING - FRONT FEET IN FAVOR 548.580 68.65%
TOTAL FRONT FEET IN FAVOR 548.580 68.65%
TOTALS 0.00 250.46
TABULATED AS OF: 05:01 PM
3/9/20045:01 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CAMPUS
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lii10021001
QJ/09/2004 TUE 11: 42 Fil 231 724 ~5~5 BON JAMES M GRAVES JR
STATE OF MICHIGAN
MUSKEGON COUNTI CIRCUIT COURT
MARCELLA SIEGEL on behalf of
herself and all others similarly situated,
File I-lo. 03--42792-CZ
Plaintiffs,
OPINION and ORDER
V
THE CITY OF MUSKEGON,
a municipal corptJration,
Defendant,
At a session of court held at the courthouse
In Muskagon, M!Chigar,, on
March 9, 2D04.
FRi;.SENT: Honorable James M. Graves, Jr., Circuit Judge
Plaintiff, Marcella Siegel, on behalf of herself and others similarly situated, files suit
against defendant, City of Muskegon, and allege$ the following; Defendant City of Muskegon
entered into a franchise agreement with a cable television provider (now Comcast); the
agreement provided that defendant would charge Comcast a franchise ree of 5% of gross
rev,anues: Comoest then elected to li!dd the franchise fee to the monthly C<ible bills of its
$ubscribers in the City of Muskegon; Comcaetwculd collect the bills. Including !hefranohiee fee.
and pay the 5% franchise fee to defendant; that although tl1e revenue thus coll€!cted i$
supposedly a u3er fee, it Is in .actuelity a tax because th"' amoUl'lt of money collected es
franchise fees greatly exceeds the amount spent by the City to provide its citizens with cable
televislon related $erviceo,; and that suvh franchise fees. which are In actuality a tax, were
enacted without a vote of approval by the voters Of the City of Muskegon in violation of fhe
Headlee Amer,<:lh"\ent, Mi,:,1, Const 1963, Article 9, Sect 31. Plaintiff further avers that she aM
other membet'S Of 1he class are entitled lo a refund of that part of the franchise foes paid to
03/09/2004 14:25 FAX
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Comcast, and in tum to defendant, which are used by defendant for public purposes unrelated
to the cable television system.
Defendant moves 1he Court for summaryd!$poSition pursuantta MCR 2.11ti(C)(S), (7),
and (B). Defendant first argues that plaintiff lacks standing end is not th<a! real party in interest.
The issue of •standing" under the Headle,;, Amendment is addressed by the Amendment ttself
0
lilt Mich Const 1$63. Artie!.;, 9, Sect a2: "Any t.licpayer of the state shall have standing to bring
suit in the Michigan State Court of Appeals to enforce the provisions of sections :25 through 31,
lnClusive. or this Article ...". In interpreting the language ·any taxpayer", the appellate courts
hE>ve determined that the case law and statutory pr1nclples for "standing" WQUld apply to ths
provisions of Section 32. In Waterford Schools v State BQ.QiEQ, 98 Mich App 658, 062 (1980),
the court noted that, in construing constitutional provisions, "the framer9 of a proviidor, m1Jst be
presumed to have been aware of exislin!;J laws and court decisions and lo havee drafled
accordingly." (See al$O Ssiglnaw Coi-!rual v Bd of Trus:tees. 321 Mich 641, 847-648 (1948) in
which the oaurt further noted that the people who adoQted the amendment ara presumed to
have been !!Ware of priof and existing law and lloughtto frame the amendment In light of those
conditions}. The Waterford court also noted ai page 663 that under the RJA a taxpeyer lacks
standing unless the taxpayer can demonstrate that the taxpayer "will sustain substantial Injury
or suffer \osa or damage 9 s taxpayers [emphasis added} through increased taXatiOn and the
consequences thereof." See arso Menen*.:z v Detroit, 337 Mich 476, 482 (1953}.
I n ~ v Meicomb Bd of Comm'rs. 404 Mich 726. 729, 739 (.2001 ). the court staled the
' '
following three oonstllutlonal elements of swnd!ng: "First, the plaintiff must have suffered an
'injul'y in fact· -an invasion of a legally protectad intereshvhith is (a) concrete and particularized,
and (b) ·actual or imminent, 1101 conjectural cir hypothetical'. Second, there must be a eausal
connection between the Injury and the conduct oomplained o1 - the Injury h:as to be 'fairly
Page2 of 6
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ta] 004/007
03/0g/200~ TUE 11, 4Z FA.l'. 231 724 <1585 HON Joi.MES M GR4.\'ES JR
traceable to the challenged action of the defendant, and not the result of the independent acUon
Of some tn1rd party not t>efor';! the CQUr\.' Tnua, it mus-t be 'likely', as opposed to merely
'speculative', thatthe injury will be ·redressed by a favorable deeision_'" In Kalam 9zoo v R!chl;:iod
IJ@, 221 Mich 1'\pp 531, 534 (1997), the court observed that the 'real party in Interest•
requirement of MCR 2.201 (B) is actually a slandlng dor:trina. "A real party in interest is the one
who Is vested with the right of action on a given claim. although the- beneficial interest m.iy be
in another." Ibid.
In the case at bar, defendant has submitted as part of the record a copy of the ··cable
Television Franchise Agreement· between defendant and Muskegon C61bJQ TV (a predecessor
of Comcast) which was adopted by the City on December 8, 1987. 47 use 542(aJ permits, but
does no\ require, a municipality to charge a cable opsrator a franchise fee. Paragraph 9 of the
agreement $\ates that the cable television prav\der =uld pay to the City an annual license fee
·as described in the 0fdinance" of five percent. City or Muskegon Ordinance 955 states at Sec_
8 -39(a): "F'ee. The Licensee shall pay to the City, for the privilege of operating a CATV system
under this ordir1ance, a sum equivalent (Q five percent (5%) of the annual gross operating
revenues taken In and received by it on all retail sales of television signals within the City, ior
all servlce installations and reoonne~s-• 47 USC 542(F) permits, but does not require, a cable
operator to pass on the franchise fee lo the sub5oriber by designating the franchise fee as a
separate item on the bill.
After a review Of the briefs, record, 8'1d oral argum<lnts, and after applying the principles
for adjudication (]fa section (8) motion as summarized i n ~ v Cheboygan Area Schools. 190
Mich App 726, 728 (1991), the Court grants defendant's motion under sec1ion ($) on the
grounds; that plaintiff does not have standing and is not the real party in interest ln applying the
rules slated in Wa!Al:frn;d Se'1!'.lm§, supra,' to the uncontroverted record, the court notes that 111e
Page3 of 6
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03/08/2004 TUE H:43 FAX .231 724 US5 JlON J,l.l!ES M GR.4.\'ES JR 14! 005/007
framers of the Headlee Amendment must have been aware of previous statutory standing
provisions in the RJA and previous court decisions, lnoluding Menende~. QJJP!!!, Consequently,
the Court finds that the term •any taxl)ayer" in Section 32 of the Headlee Amendment ls a
taxpayer who "Will sustain substantlal injury or suffer loss or damage {.§§. ii! taxpayer] femphasis
added], througl1 lnorease,;l ta)(atlo~ and the oonsequenoes thereof." Even lf the Co~rt were to
consv1.1e a part or the franchise fee to be a tax, plaintiff Is not the taxpayer. Pursuant to the
terms of the federal ,;latute, the franchise agreement, and the City of Muskegon ordinancs, it
Is the cable cOmpany which has ttie obligation 10 pay the franchise fee, not plaintiff_ "fhe cable
operator may pats the franchise fee cost on to the subsc:rlb1:1r, just as tha cable operator may
pass on all other costs of doing buslneS$ to the subscribers In the prli:,e charged for the cable
servic:e; however, the cab la operator le: not required to do so. By analogy, a cable company
which owned l:he building in which it operat&t would be required by law to pay r.,al property
taxes on Jan,;! and buildings. Generally. cost .iCQOuntlng principles would mandate that all costs
of doing business, Including re1;1I property taxes, be recovered from the ultimate consumer of the
product in the price paid by the consumer for the prod1.1ct or service. In this hypothe1ical
example, everyoable bill paid by every eab!esubstrtberwould have bl!ried within ihe total to ba
paid" portion gf the cab la company's property taxes_ Yet nothing in law or logic would suggest
that eac:h subscriber of the cable company !5 a "taxpayer" of the cable company's real property
taxes_ Indeed, In City of Dallas v EQQ, 118 F SC! S93, 398 (1997), the court noted that under
iederal law a cable operator !Dill/ designate that portion of a subscriber's bill attrlbutBble to tho,
franchise fee as a separate item on the bill, but that this format "does not, however, transform
8 cost imposed on oahle operators into a cost imposed on cable subscribers." In Sirns v
Firestone, $97 Mich 469, 473 ( 1978}, the court held that under Michig;,I'\ ,;tatutes, the salei, tix
was Imposed upon the retailer, not the consumer, and that the retailer had the discretion to pass
Page4 of 6
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03/09/2004 '.t:UE 11:43 f,\X Zal 'i24 4585 lJON JAMES M GR-1.VES JR Ill ooa1001
the cost of the tax on to the consume,r as part of the price of tne produ . Thus. for purposes
of the sales t;ix, "the ratailer, not the consumer, is the taxpayer." 1J the case at bar. the
I
franchise fee, by both law and i;ontract, Is assessed against the ce.ble operator, not th-.
sub$oribers, .ind the ~b!e operator has tho discretion to pass the Lst of the franchise fosl on
I
to the subscriber a& part of Ute total prioe of the service. Thus, for pJrposss of the franchise fee
{tax), the cable operator, not the subscriber, Is tha (tax) payer.l In· sum, plaintiff Is not :;,
"taxpayer" as to the franchise fees within the meaning of Secilcn 3 as to \'!1 action filed under
1
Section 31. Plaintiff has no standing in thls case becaU$e she caon6t demonstrate that she "will
. I
su!rlaln substantial injury or suffer loss or damage as a t;,,.xpayer [emphasis added], through
increased taxation and the consequences thereof." Because plai~tiff is not a "taxpayer" as to
I
the franchise fee, she is not •1egally ve$ted with 1he rlghl of actionj' as to this claim, and ls net
a real party in interest, [
The Court also grants ths motion for summary dispositlo~ be• ll.use plaintiff doe.s not
satisfy the se,cond oonstitutional element for st.-nding as stated 1h Lee. rn- The injury cf
Which .she complains, the payment of a 5% franchise fee on hGif mbnthly cable bill, Is not "falrly
traceable to the challenged action" of the City of Muskegon. ThejCity may have required tha
cable company to pay to the Oily a 5% frane;hise fee, but the Ci y had no auth,;,rlty either to
mandate the cable company to pass the charge on to sub$Crlt:iJrs or simply absorb the fee
I
charge as a reduclion In profit Rather than demonstrating a causal o• nnectlon between the5%
!
1
Increase In plaintiffs cable bill and the execution of the franchij agreement by the City, th,a,
record es~~ltshe$ that plaintiff's 5% Increase 'is the result of lhe independent action of some
third party not before the court", i.e., the oable company which exe lc:ised its discretion and made
the dee;ision to pass on the 5% franchise fee to the subscriber1;1 as part of the total purchase
price.
Page 5 of 6
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ln light of the fact that the Court has granted datendant summary dispo$i!ion as to the
issues of standing and real party in Interest. the other issues ral$ed by defendant are rendered
moot. and the Court wtll not adjudicate them_ See M)CO sort Orin!$ v Tres Oep't. 206 Mich App
392, 408 (1994)_
It Is so ()rdeted-
Datad: March 9, 2004.
Hon ames M- Graves, Jr.. (P2423$)
14"' itcuit Judge
cc. Jason J. Thornpson, 5510 Woodward, Ck;lm.llt., Ml 48202
Joshua M. Wallish, P.O. Box 352. Grand Rapids, Ml 49501
'f')
Page 8of 6
Commission Meeting Date: March 9, 2004
Date: March 1, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CJ60
RE: Brownfield Redevelopment Grant/Loan
SUMMARY OF REQUEST: Anne Couture, our Brownfield Consultant, is working
with the City to secure a Brownfield Redevelopment Grant from the Michigan
Department of Environmental Quality (MDEQ). The grant request will be for
$1,000,000. It is anticipated that $500,000 will be for Environmental Site
Assessments (similar to our current site assessment funds, focused along the
Downtown Muskegon Shoreline, but with an expanded target area to include
properties along Ottawa Street, the Lakeside Business District, Seaway Industrial
Park, Port City Industrial Park and the Medendorp Industrial Center) and $500,000
will be for Due Care Response activities in these same targeted areas.
FINANCIAL IMPACT: If approved for the grant/loan, the funds will be used to perform
site assessments for properties being developed, as well as due care response
activities (if necessary) on those properties. The MEDQ is encouraging communities
to apply for both grants and loans. However, if MDEQ offered a loan, rather than a
grant, the City could determine at that time whether we want to proceed. If we do
have a portion as a loan, we could consider the use of Brownfield Tax Increment
Financing to reimburse the loan amount. The grant amount being applied for is up to
$1 Million.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution No. 2004-28(a)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE SUBMITTAL OF A
DEPARTMENT OF ENVIRONMENTAL QUALITY
BROWNFIELD REDEVELOPMENT GRANT/LOAN
WHEREAS, The Michigan Department of Environmental Quality (MDEQ) provides
grants and loans to communities through its Brownfield Redevelopment Grant program
to fund environmental response activities necessary to facilitate brownfield projects; and
WHEREAS the City of Muskegon has been utilizing a $1 million MDEQ Site Assessment
Fund (SAF) grant since 1996 to stimulate investment in several properties along the
Muskegon Shoreline, resulting in private/public investment of approximately $26.8
million, an increase of over $5.9 million in the SEV of these properties, and creation of
84 jobs. SAF Projects currently underway are expected to result in $131 million in
capital investment, over $2.3 million in increased SEV, and creation of over 310 jobs;
and
WHEREAS funding from the current SAF grant is almost depleted, despite the
continuing need to provide environmental assessment funds as an incentive to
redevelop brownfield sites in the City of Muskegon; and
WHEREAS projects selected by the City to receive MDEQ funding for environmental
assessments are evaluated to assure that they are consistent with the City of
Muskegon's Master Land Use Plan; and
WHEREAS it is the intention of the City that a Site Assessment program will be
undertaken if a Brownfield Grant or Loan is awarded; and
WHEREAS if the MDEQ chooses to award a loan rather than a grant, that the City
commits to repay the loan through Brownfield Tax Increment Financing, or other such
repayment mechanism as determined to be appropriate by the City;
NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes the City
Manager to apply for and secure a grant/loan, and enter into a grant/loan agreement
with, the Michigan Department of Environmental Quality.
Adopted this 9 th day of March, 2004.
A YES: Carter, Davis, Gawron, Larson, Spataro, Warmington
NAYS: None
ABSTAIN: None
Attest:~ ~ ,0.
City Clerk
CERTIFI CATI ON
2004-28(a)
This resolution was adopted at a regular meeting of the City Commission, held on March
9, 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
or M !Cl IIGAN
STATE
DEPARTMENT OF ENVIRONMENTAL QUALITY
LANSINO
JENNIFER M. GRANHOLM STEVEN E. CHESTER
GOVERNOR DIRECTOR
March 30, 2005
Ms. Cathy Brubaker-Clarke, Director
Community and Economic Development
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443 t:.,
_._-,_ ,i\.
'. :·-,!.i:U\',
Dear Ms. Brubaker-Clarke:
SUBJECT: Clean Michigan Brownfield Redevelopment Loan Agreement
Muskegon Environmental Assessment Project, Project #430823-00
Enclosed for your records is a signed Brownfield Redevelopment Loan Agreement for the
Muskegon Environmental Assessment Project. The Loan Agreement was signed by
Mr. Steven E. Chester, Director, Department of Environmental Quality (DEQ).
As a reminder, prior approval of loan-funded expenses is required in order to remain in
compliance with the Loan Agreement. Eligible expenses incurred without prior approval may
be nonreimbursable.
When you are ready to request payment of eligible expenses, please use the Payment
Request Form and submit it according to the instructions. If you have questions about your
loan, or to request approval of loan-funded activities, please contact your project manager,
Ms. Susan Sandell, Environmental Stewardship Grants and Loans Unit, ESSD, Cadillac
District Office, at 231-775-3960, extension 6312.
Sincerely,
~~~"':1~~h1}r---~
Environmen)lefstewardship Grants and Loans Unit
Environmental Science and Services Division
517-241-8707
Enclosure
cc: Ms. Amy A. Butler, DEQ
Ms. Susan Sandell, DEQ
Tracking Code #2004-1008
CONSTITUTION HALL• 525 WEST ALLEGAN STREET• P.O. BOX 30457 • LANSING, MICHIGAN 48909-7957
www.michigan.gov • (517) 335-2419
DEi.l.
CMI BROWNFIELD LOAN AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
AND THE CITY OF MUSKEGON
This Loan Agreement ("Agreement") is made between the Michigan Department of Environmental Quality,
Environmental Science and Services Division (hereafter "State") and the City of Muskegon (hereafter
"Borrower'').
The purpose of this Agreement is to provide funding for the project named below. The State is authorized to
provide Loan funding pursuant to Part 196, Clean Michigan Initiative Implementation, of the Natural
Resources and Environmental Protection Act, 1994 PA 451 as amended (NREPA). Legislative
appropriation of funds for the loan program is set forth in PA 309 of 2004. This Agreement is subject to the
terms and conditions specified herein.
Project Name: Muskegon Environmental Assessment Project#: 430823-00 Tracking Code: 2004-1008
Amount of Loan: $500,000 Loan Rate: .l..%
Project End Date: 3-JR 07 First Payment Due: 3- Js- Jo
Interest Start Date: 3-18 10 Loan Payoff Date: 3 Js 19
BORROWER'S REPRESENTATIVE: STATE'S REPRESENTATIVE:
Bryon Mazade, City Manager Steven E. Chester
NamefTitle Director
Cathy Brubaker-Clarke, Director Susan Sandell
Project Contact State Project Administrator
Community & Econ. Development DEQ-120 West Chapin Street
Address Address
933 Terrace St. PO Box 536 Cadillac Ml 49601
Address City, State, ZIP
Muskegon, Ml 49443 231-77 5-3960 extension 6312
City, State, ZIP Telephone number
231-724-6702 231-724-6790 231-775-1511
Telephone number Fax number Fax number
cathy.brubaker-clark@postman.org sandells@michigan.gov
E-mail address E-mail address
38-6004522
Federal ID number
The individuals signing below certify by their signatures that they are authorized to sign this Loan
Agreement on beh heir respective organizations, and that the parties will fulfill the terms of this
Agreement, i i:ling the tached Appendices.
3-'&-0S
1
I. PROJECT SCOPE
This Agreement and its appendices constitute the entire agreement between the State and the
Borrower and may be modified only by written agreement between the State and the
Borrower.
(A) The scope of this project is limited to the activities specified in Appendix A, and such
activities as are authorized by the State under this Agreement. Any change in project scope
requires prior written approval in accordance with Section 111, Changes, in this Agreement.
(B) By acceptance of this Agreement, the Borrower commits to complete the project identified
in Appendix A within the time period allowed for in this Agreement.
II. AGREEMENT PERIOD
This Agreement shall take effect on the date of signature by the State (the Loan Execution
Date). The Borrower shall complete the project specified in Appendix A in accordance with all
the terms and conditions specified in this Agreement no later than the Project Ending Date
shown on page one. The State shall have no obligation to provide financial assistance to the
Borrower for project work performed except between the Loan Execution Date and the Project
End Date specified on page one.
Ill. CHANGES
Any changes to the Agreement or to its appendices, including any increase or decrease in
the amount of the Borrower's loan, changes to the Project Scope, or extension of the project
deadline, which are mutually agreed upon by and between the State and the Borrower, shall
be requested by the Borrower in writing, and approved in writing by the State. Changes to
the Agreement or appendices must be approved in advance. The State reserves the right to
deny requests for changes to the Agreement or to the appendices made without 30 days
notice.
IV. BORROWER RESPONSIBILITIES
(A) The Borrower understands that it is a crime to knowingly and willfully file false information
with the State for the purpose of obtaining this Agreement or any disbursement under the
Agreement, and that any such filing may subject the Borrower, its agents, and/or employees to
criminal and civil prosecution and/or termination of the Loan.
(B) The Borrower agrees to abide by all local, State, and federal laws and regulations in the
performance of this Agreement, including Parts 196, 201, 211, 213, and 215 of the NREPA,
the administrative rules promulgated pursuant to these acts, and any other State or federal
law, rule, or regulation that applies to the project, including local ordinances.
(C) All local, State, and federal permits, if required, are the responsibility of the Borrower.
Award of this Loan is not a guarantee of a permit approval by the State.
(D) The Borrower shall secure all personnel necessary to complete the project. All personnel
shall be under the direct supervision of the Borrower. The Borrower shall make all payments
required by law for workers' compensation insurance, social security, income tax,
unemployment compensation, and all other taxes or payroll deductions as required by law.
(E) The Borrower shall be solely responsible to pay all taxes, if any, that arise from the
Borrower's receipt of this loan.
(F) The Borrower shall purchase and use recycled materials and products to the maximum
extent possible in performing the project. At the Borrower's request, the State will provide
2
information and assistance to the Borrower regarding the use of recycled products in the
project. The Borrower shall document any use of recycled materials and/or green building
materials in the quarterly progress reports.
(G) The Borrower is responsible forthe professional quality, technical accuracy, timely
completion, and coordination of all designs, drawings, specifications, reports, and other
services furnished by the Borrower or its subcontractor under this Agreement. The Borrower
or its subcontractor shall, without additional compensation, correct or revise any errors,
omissions, or other deficiencies in designs, drawings, specifications, reports, or other
services as required by the State.
(H) The State's approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Borrower of responsibility for
the technical adequacy of the work. The State's review, approval, acceptance, or payment
for any of the services shall not be construed as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement.
V. BORROWER DELIVERABLES AND REPORTING REQUIREMENTS
(A) The Borrower must complete and submit quarterly progress reports during the Project
Implementation Period, defined as the time between the Loan Execution Date and the project
end date on page one of this Agreement, according to a form prescribed by the State.
Progress reports shall be due on April 30 for the period between January 1 and March 30;
July 31 for the period between April 1 and June 30; early October for the period between
July 1 and September 30; and January 31 for the period between October 1 and
December 31. Progress reports shall include documentation of project costs and
expenditures, including invoices and proof of payment for all project work completed during
the reporting period.
The forms provided by the State include instructions on their use and shall be submitted to the
State's Project Administrator at the address on page 1.
(B) The Borrower shall provide a final project report in a format described in Appendix A of this
Agreement no later than three (3) months after the project end date. At the same time, the
Borrower shall provide a project fact sheet and project summary in a format provided by the
State. The Borrower shall provide three (3) copies of these documents, one of which shall be
in an electronic format.
(C) The Borrower must provide all deliverables and reports required in Appendix A of this
Agreement.
(D) All correspondence to the State regarding this Agreement or this project shall be
addressed to the State's Project Administrator listed on page 1 of this agreement. All formal
notices and other formal communications concerning this Agreement shall be in writing,
containing project number and tracking code, and shall be considered given when delivered in
person or mailed by first class registered or certified mail or received by an overnight delivery
service and addressed to the State or Borrower at the addresses specified on page 1 of this
Agreement. Informal correspondence may be sent by regular mail, facsimile, or electronic
mail. Each party will provide changes of address or project management personnel in writing.
VI. LOAN TERMS
(A) Loans are required to be secured by a commitment of the local government's full faith
and credit, through submission of a resolution with the loan application, and attached to this
3
agreement as Appendix C. If the Borrower is a Brownfield Redevelopment Authority
established pursuant to the Brownfield Redevelopment Financing Act, 1996 PA 381,
MCL 125.2651 to 125.2672, the commitment shall come from the entity that created the
authority. Payments on loans in default may be withheld from the local government's state
revenue sharing payment.
(8) Loan repayments are made in equal annual installments of principal and interest
beginning not later than five (5) years after execution of this Agreement and concluding not
later than 15 years after the Loan Execution Date. Appendix B contains the amortization
schedule for this Loan.
(C) Interest rates will not exceed 50 percent of the Federal Reserve's Prime Lending Rate.
The interest rate established when the loan is executed will remain in effect throughout the
term of the loan.
(D) Interest on approved loans is fixed and is calculated under simple interest terms, based
on a 360-day year. The first five (5) years of this Loan are interest free. Interest is charged
on the remaining principle beginning on the first day of the sixth year from the Loan
Execution Date. See attached amortization schedule in Appendix B of this Agreement.
VII. DISBURSEMENTS:
(A) The State shall disburse to the Borrower a total amount not to exceed the amount on
page 1 of this Agreement, in accordance with Appendix A of this Agreement.
(B) A breakdown of eligible project costs funded by the loan and covered under this Loan is
identified in Appendix A All other costs necessary to complete the project are the sole
responsibility of the Borrower.
(C) Loan funds will only be released based on the State's receipt and approval of work
plans and budgets. See Section VIII, Project Implementation/Work Plans. The entire loan
amount will not be disbursed at one time unless a single work plan for the full loan amount
is approved. After the work plan and budget are approved, the Borrower will receive
payment for the amount of the approved budget only. Each payment is called a "draw."
(D) Loan funds remaining at the end of a phase of work (for example, an investigation)
may be carried over to the next phase of State-approved project activities (for example, a
due care plan) when the final costs for that phase come in under budget. Any remaining
funds in the Borrower's account at the completion of all project work must be returned to
the State immediately upon the project completion or 30 days of the project end date,
whichever comes first.
(E) All draws must be completed within the first two (2) years of the Loan period.
1. If the entire amount of the approved Loan is not drawn after two (2) years and
project work remains, the Borrower may request in writing an extension to the
project period so that work may be completed and the remaining loan funds used.
Any request must be received by the State's Project Administrator within 30 days
of the project end date.
2. If the entire amount of the approved loan is not drawn after two (2) years and the
project work is completed, a new amortization schedule will be prepared reflecting
the total amount drawn. The loan agreement will be amended to incorporate the
new repayment schedule.
4
3. If no draws are made within two (2) years of the Loan Execution Date, the Loan is
automatically cancelled on the project end date.
VIII. PROJECT IMPLEMENTATION AND WORK PLANS
(A) Prior to conducting any activities under this Agreement, the Borrower or its contractor,
shall submit a work plan to the State for its approval, including a detailed description of the
proposed activities, a budget and schedule for conducting the activities under Appendix A.
The Borrower and its contractor shall not proceed with Loan-funded activities until the State
approves the work plan, budget, and schedule in writing. The State may approve, modify
and approve, or require amendments to the work plan. For projects using a phased
approach, the Borrower shall submit a work plan for the first phase with a schedule for the
remaining phases. A work plan, budget, and schedule are required for each subsequent
phase of work.
(B) All work plans or submittals of any type requiring State approval pursuant to this
project, including schedules and budgets, shall be incorporated into Appendix A of this
Agreement and subject to the terms of this Agreement, upon written approval by the State.
(C) The Borrower or its contractor shall implement the work plan upon the State's written
approval in accordance with the schedules contained therein. Changes or additions to the
work plan must be submitted in writing and are subject to written approval by the State prior
to implementation. Changes to the work plan without prior written approval from the State,
or performance of activities that are not part of an approved work plan, amendment to a
work plan or budget are considered ineligible expenses and may result in the Borrower
being responsible for payment of unapproved activities.
IX. BIDS, CONTRACTORS
(A) For loan projects over $20,000 the Borrower shall provide, or cause to be provided, the
qualifications of the selected contractor(s) to the State. The State reserves the right to object
to the selected contractor(s) or their qualifications. If the State has objections, it will inform the
Borrower in writing within thirty (30) days of receipt of the selected contractor's qualifications.
(B) For any contract over $5,0000, the Borrower shall solicit, or cause to be solicited, bids from
at least three (3) qualified vendors. Professional services, e.g., environmental consultants, do
not need to be bid out. The Borrower shall provide copies of all bids received to the State. If
the contractor that submitted the lowest bid is not the contractor selected, the Borrower must
submit written justification for the selection.
(C) Any contractor(s) retained for corrective action on regulated underground storage tanks
shall be approved in accordance with Part 213, Leaking Underground Storage Tanks, and
Part 215, Underground Storage Tank Financial Assurance, of the NREPA.
(D) The Borrower assumes responsibility for all contractual activities described in Appendix A
of this Agreement whether or not the Borrower performs them. Further, the State will consider
the Borrower to be the sole point of contact with regard to contractual matters, including
payment of any and all charges resulting from the anticipated Loan project. All contractors
used by the Borrower to implement the project shall be subject to the provisions of this
Agreement.
X. ACCESS AGREEMENT
Borrower is the owner of the property or in possession of an enforceable agreement
between the property owner and the Borrower that commits the property owner to cooperate
5
with the Borrower, including a commitment to allow access to the property to complete the
eligible activities approved under Appendix A to this Agreement.
XI. ELIGIBLE EXPENSES
(A) Loan funds may be used for costs associated with environmental response activities as
identified in Appendix A and defined in Part 201 of the NREPA.
(B) Loan funds may not be used for the following expenses: office equipment; software;
insurance, except liability insurance required pursuant to this Agreement; taxes, except
sales taxes; registrations, including registration of an underground storage tank;
replacement or purchase of equipment; fees, including late fees and permit fees; drinking
water supply replacement, as defined in 1990 AACS Rule 299.5401; operation and
maintenance, as defined in 1990 AACS Rule 299.5103(a); restoration of property, unless
included in Appendix A; fees for attorneys or legal advice; Borrower staff time for
application submittal and Loan administration; costs incurred for environmental activities
under a local Brownfield Redevelopment Authority Plan; costs incurred for activities outside
a State-approved work plan; labor overtime; and training. Other expenses may be
determined ineligible in the course of invoice reviews.
(C) Unless otherwise approved by the director, only activities carried out and costs
incurred after execution of a Loan Agreement are eligible.
XII. PROJECT CLOSEOUT
(A) A determination of project completion shall be made by the State upon satisfactory
completion of the activities, and submission of all deliverables and reports described in
Appendix A of this Agreement, and a site inspection conducted by the State.
(B) The Borrower shall provide the State, within 90 days of the Project End Date, with all
financial, performance, and other reports available and required in Section V and Appendix A
of this Agreement.
(C) The Borrower shall immediately refund to the State any funds disbursed to the Borrower
in excess of approved project work or funds disbursed for activities deemed to be ineligible
upon invoice review, according to Section VII (D) of this Agreement.
XIII. REPAYMENTS/DELINQUENCY/DEFAULTS
(A) A Borrower may pay off a portion or the entire amount of the Loan within the first five
(5) years without interest or penalty. Any partial payments made during the first five (5)
years of the term of the loan will reduce the principal amount of the loan subject to interest
beginning in year six. If partial repayments are made during the first five (5) years, a new
amortization schedule will be provided by the State to the Borrower reflecting those
transactions and the new balance no later than 60 days prior to the sixth year anniversary
of the Loan Agreement. No prepayment shall relieve the Borrower's obligation to make
subsequent scheduled annual payments when due.
(B) The Borrower shall remit annual payments by check made payable to: "State of
Michigan." Checks shall be mailed to: Department of Environmental Quality, Office of
Financial Management, Cashier's Office, P.O. Box 30657, Lansing, Ml 48909. Checks
shall be identified by project number and tracking code.
(C) Annual payments unpaid 30 days after the annual due date shall be considered
delinquent.
6
(D) A loan shall be considered in default when the annual payment remains unpaid 90 days
after the annual due date.
(E) Upon default, the Department of Treasury shall withhold from the Borrower state
payments in amounts consistent with the repayment schedule of the Loan Agreement until
the Loan is repaid. If the amount of the delinquent payment exceeds the quarterly revenue
sharing payment, the Department of Treasury will be asked to reduce subsequent revenue
sharing payments until the annual payment is paid in full.
XIV. ASSIGNABILITY
The Borrower shall not assign this Agreement or assign or delegate any of its duties or
obligations under this Agreement to any other party. The State does not assume
responsibility regarding the contractual relationships between the Borrower and any
consultant or contractor.
XV. SEVERABILITY
If any provision of this Agreement shall be held invalid by any court of competent jurisdiction,
the invalidity of that provision shall not affect the validity of the remaining provision of this
Agreement.
XVI. SECTION HEADINGS
Section headings are for convenience only and shall not define or limit the interpretation of
this Agreement.
XVII. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Michigan.
XVIII. SUCCESSOR PARTIES
At any time, the Borrower may substitute any affiliate or successor in interest after a merger
or consolidation or other legal act that transfers fiduciary responsibility of the Borrower
through receivership, etc. for this Agreement and all other documents related to the Loan.
Similarly, any statutory successor or successor agency named in an Executive Order of the
Governor may be substituted for the DEQ in this Agreement and all other documents related
to the Loan. Each party shall notify the other in writing of a substitution under this section.
XIX. NON-DISCRIMINATION
The Borrower shall not discriminate against an employee or applicant for employment with
respect to their hire, tenure, terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment, because of race, color, religion, national origin,
ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the
individual's ability to perform the duties of the particular job or position. The Borrower further
agrees that any sub-agreement shall contain a nondiscrimination provision identical to this
provision and binding upon any and all subcontractors. This covenant is required pursuant to
the Elliott Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq,
and the Persons with Disabilities Civil Rights Act, 1976 Public Act 220, as amended, MCL
37.1101, et seq, and any breach thereof may be regarded as a material breach of the
contract or purchase order.
XX. UNFAIR LABOR PRACTICES
Pursuant to 1980 Public Act 278, as amended, MCL 423.231, et seq, the State shall not
award a contract or subcontract to an employer whose name appears in the current register
7
of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the
Act. The Borrower shall not enter into a contract with a subcontractor, manufacturer, or
supplier whose name appears in this register. Pursuant to Section 4 of 1980 Public Act 278,
lv1CL 423.324, the State may void any contract if, subsequent to award of the contract, the
name of the Borrower as an employer, or the name of the subcontractor, manufacturer, or
supplier of the Borrower appears in this register.
XXI. LIABILITY
(A) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to the obligations of the Borrower under this
Agreement shall be the responsibility of the Borrower, and not the responsibility of the State,
if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on
the part of the Borrower, any subcontractor, anyone directly or indirectly employed by the
Borrower, provided that nothing herein shall be construed as a waiver of any governmental
immunity the Borrower has as provided by statute or modified by court decisions.
(B) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out by the State in the performance of this agreement shall be
the responsibility of the State and not the responsibility of the Borrower if the liability, loss, or
damage is caused by or arises out of, the action or failure to act on the part of any State
employee or agent, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the State, its agencies or employees as provided by statute or
court decisions.
(C) In the event that liability, loss, or damage arises as a result of activities conducted jointly
by the Borrower and the State in fulfillment of their responsibilities under this Agreement,
such liability, loss, or damage shall be borne by the Borrower and the State in relation to each
party's responsibilities under these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Borrower, the State, its
agencies, or their employees, respectively as provided by statute or court decisions.
XXII. GRATUITIES
If the State finds, after a notice and hearing, that the Borrower or any of the Borrower's
agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any
official, employee, or agent of the State, in an attempt to secure a sub-agreement or
favorable treatment in awarding, amending, or making any determinations related to the
performance of this Agreement, the State may, by written notice to the Borrower, terminate
this Agreement.
XXIII. CONFLICT OF INTEREST
No government employee or member of the legislative, judiciary, or executive branches of
local, State, or federal government shall benefit from any part of this Agreement.
XXIV. AUDIT AND ACCESS TO RECORDS
The Borrower will be required to maintain all pertinent financial and accounting records and
evidence pertaining to the Loan project in accordance with generally accepted accounting
principles and other procedures specified by the State. The State or any of their duly
authorized representatives shall have access, upon reasonable notice, to such books,
records, documents, and other evidence for the purpose of inspection, audit, and copying.
The Borrower will provide proper facilities for such access and inspection. All records shall
be maintained by the Borrower for a minimum of three (3) years after the Loan Payoff Date.
8
XXV. INSURANCE
(A) The Borrower shall maintain insurance that will protect it from claims that may arise from
the Borrower's actions under this Agreement or from the actions of others for whom the
Borrower may be held liable.
(B) The Borrower shall comply with applicable workers' compensation laws while engaging in
activities authorized under this Agreement.
XXVI. FEES AND OTHER SOURCES OF FUNDING
The Borrower guarantees that any claims made to the State under this Agreement shall not
be financed by any source other than the State under the terms of this Agreement. If
funding is received through any other source, the Borrower agrees to immediately refund to
the State the total amount representing such duplication of funding.
XXII. CANCELLATION
This Agreement may be cancelled by the State, upon 30 days written notice, due to
Executive order, budgetary reduction, or other lack of funding.
XXIII. TERMINATION
(A) This Agreement may also be terminated by the State for any of the following reasons
upon 30 days written notice to the Borrower:
1. The State may terminate a Loan or withhold a draw if the Borrower fails to comply
with the terms and conditions of this Agreement. If a Loan is terminated, the State
may recover all funds awarded.
2. The State will terminate a Loan if the recipient fails to draw on the loan within the
first two (2) years after the Loan Execution Date.
3. If the Borrower knowingly and willfully presents false information to the State for
the purpose of obtaining this Agreement or any payment under this Agreement, the
State may terminate this Agreement with no further penalty whatsoever to the
Borrower, and the Borrower, upon demand by the State, shall reimburse the State
for all money received under this Agreement.
4. If the Borrower uses the Loan for any purpose other than those described in
Appendix A or otherwise approved by the State, the State may terminate the Loan
and require immediate repayment from the Borrower of all disbursed funds.
(B) The State may immediately terminate this Agreement without further liability if the
Borrower, or any agent of the Borrower, or any agent of any sub-agreement, is:
1. Convicted of a criminal offense incident to the application for or performance of a
State, public, or private contract or subcontract;
2. Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or attempting to influence a public employee to breach
the ethical conduct standards for State of Michigan employees;
3. Convicted under State or federal antitrust statutes; or
4. Convicted of any other criminal offense which, in the sole discretion of the State,
compromises the Borrower's ability to implement the project or repay the loan.
In the event this Agreement is terminated under this subsection (B), the Borrower or its
contractor may be compensated for all satisfactorily completed documents, data, studies,
9
surveys, drawings, maps, models, photographs, and reports, or reasonable compensation
for unfinished work products.
10
APPENDIX A
SITE NAME: Muskegon Environmental Assessment
Grantee: City of Muskegon
County: Muskegon
Project#: 430823-68 (Site Assessment Fund Grant)
430823-00 (CMI Brownfield Redevelopment Loan)
Funding Type and Amount:
Site Assessment Fund Grant $500,000;
CMI Brownfield Redevelopment Loan $500,000
Funding Source: Part 195, Environmental Protection Bond Implementation, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); and
Part 196, Clean Michigan Initiative Implementation, of the NREPA. Legislative
appropriation of funds for funding assistance is set forth in 2004 PA 309 (CMI Brownfield
Redevelopment Loan) and 1996 PA 353 (Site Assessment Fund Grant).
LOCATION: Areawide investigation will include the Muskegon Lake shoreline, Seaway
Industrial Park, Port City Industrial Park, Medendorp Center Industrial Park, and the
Lakeside Area, as identified in the attached map. Other priority projects outside of these
areas may be proposed and will be considered individually for addition to the project area.
SITE HISTORY AND OWNERSHIP: Individual properties within targeted areas will be
proposed to the State's Representative when development potential is identified. Site
history and ownership will be identified at that time.
PROJECT SCOPE: Conduct environmental assessments, due care, and interim response
actions pursuant to the NREPA at properties within the designated areas to reuse individual
properties and revitalize the designated areas.
PROJECT DESCRIPTION: The $500,000 Site Assessment Fund Grant may be used for
investigations and Baseline Environmental Assessments (BEAs) and due care plans at
properties in the project area proposed for redevelopment or otherwise prioritized by the
Grantee, and approved by both the city of Muskegon and the State.
The $500,000 CMI Brownfield Loan may be used to pay for interim response actions and
implementation of the BEA or due care response activities at properties in the project area
proposed for redevelopment or otherwise prioritized by the Grantee, and approved by both
the city of Muskegon and the State.
Projects will be selected and screened by representatives of the city of Muskegon, which
will review proposals for investment, job creation/retention, increase in tax base,
consistency with the city's master plan, and other criteria. Proposals approved by the city
will be submitted to the State in writing. Proposals will include the location of the property
at which grant or loan funds will be spent; a description of the proposed development; a
proposed budget; a description of the known environmental condition of the property; a
description of the known historic uses of the property; the current and proposed owners of
the site; any legal, access, or title issues that may affect redevelopment of the property;
11
and information regarding pre-existing relationships the Grantee or developer and any
current or prior owners or operators of the property being proposed for funding.
Projects proposed for due care response activities must have an identified developer or be
owned by the city of Muskegon.
Projects submitted to the State by the Grantee will be reviewed for funding eligibility.
Written approval and comments will be provided for each qualified project.
REDEVELOPMENT: Development for individual parcels that will be described as projects
are proposed for approval under the area-wide grant and loan.
PROJECT BUDGET: In addition to the broad budget items listed below, grant and loan
funds may be used for work plan and budget development, bid solicitation, and technical
specifications.
Task Task Site Clean Michigan
Number Assessment Initiative Brownfield
Fund Redevelopment Loan
1 Phase I and II investigations, $450,000
BEAs, Due Care Planning
2 Grant administration $50,000
3 Due Care Implementation $225,000
4 Interim Response Activities $225,000
5 Loan administration $50,000
TOTAL $500,000 $500,000
Project Total: $1 , 000, 000
A budget of up to $1,000 for each work plan is approved. Any work plan cost in excess
of $1,000 must receive specific approval from the State.
DELIVERABLES: For each approved project, the Grantee will provide a detailed work plan
and budget describing the proposed response activities. Any data collected as a result of
the grant will be provided to the State. Quarterly reports will show the progress of the
investigation and due care activities, and will describe other response actions taken. A
BEA, if required, will be produced for the proposed developer for each property prior to the
developer's purchase of the property.
The Grantee will provide two copies of a final report to the State by the end date. The
report should include a description of the work completed under the grant and match and
photographs of the completed project; the number of permanent jobs created; the amount
of private investment; the number of acres improved; the final total project cost; and a
project fact sheet in a format provided by the State.
Any data collected as a result of the grant will be provided to the State. The Grantee will
provide two copies of any document produced using grant funds, including plans, bids,
proposals, advertisements, and progress reports, unless provided electronically.
12
SCHEDULE: Work will be initiated on approved projects within two weeks of State
approval unless another schedule is approved by the State.
13
APPEDIX B
AMORTIZATION SCHEDULE
14
03/30/2005 Page 1
Muskegon Environmental Assessment 2004-1008
-- -- --- - -
Compound Period ........ : Annual
Nominal Annual Rate .... : 2.000 %
Effective Annual Rate ... : Undefined
Periodic Rate .................. : 2.0000 %
Daily Rate ....................... : 0.00556 %
CASH FLOW DATA
-- -------- - ------- - ----
Event Start Date
- - -- ----- --- ---- - - - - - ---
Amount Number Period End- -- Date
-- - --
1 Loan 03/18/2010 500,000.00 1
2 Payment 03/18/2010 54,571.83 10 Annual 03/18/2019
AMORTIZATION SCHEDULE - US Rule, 360 Day Year
Date Payment .. Interest ...... Prin_cipal Balance
-- ----------
Loan 03/18/201 O 500,000.00
1 03/18/2010 54,571.83 0.00 54,571.83 445,428.17
2010 Totals 54,571.83 0.00 54,571.83
2 03/18/2011 54,571.83 8,908.56 45,663.27 399,764.90
2011 Totals 54,571.83 8,908.56 45,663.27
3 03/18/2012 54,571.83 7,995.30 46,576.53 353,188.37
2012 Totals 54,571.83 7,995.30 46,576.53
4 03/18/2013 54,571.83 7,063.77 47,508.06 305,680.31
2013 Totals 54,571.83 7,063.77 47,508.06
5 03/18/2014 54,571.83 6,113.61 48,458.22 257,222.09
2014 Totals 54,571.83 6,113.61 48,458.22
6 03/18/2015 54,571.83 5,144.44 49,427.39 207,794.70
2015 Totals 54,571.83 5,144.44 49,427.39
7 03/18/2016 54,571.83 4,155.89 50,415.94 157,378.76
2016 Totals 54,571.83 4,155.89 50,415.94
8 03/18/2017 54,571.83 3,147.58 51,424.25 105,954.51
2017 Totals 54,571.83 3,147.58 51,424.25
9 03/18/2018 54,571.83 2,119.09 52,452.74 53,501.77
2018 Totals 54,571.83 2,119.09 52,452.74
10 03/18/2019 54,571.83 1,070.06 53,501.77 0.00
2019 Totals 54,571.83 1,070.06 53,501.77
Grand Totals 545,718.30 45,718.30 500,000.00
----'--··
03/30/2005 Page 2
lvluskegon Environmental Assessment 2004-1008
Last interest amount increased by 0.02 due to rounding.
APPENDIX C
LOCAL UNIT OF GOVERNEMENT RESOLUTION
15
Resolution No. 2004-28(a)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE SUBMITTAL OF A
DEPARTMENT OF ENVIRONMENTAL QUALITY
BROWNFIELD REDEVELOPMENT GRANT/LOAN
WHEREAS, The Michigan Department of Environmental Quality (MDEQ) provides
grants and loans to communities through its Brownfield Redevelopment Grant program
to fund environmental response activities necessary to facilitate brownfield projects; and
WHEREAS the City of Muskegon has been utilizing a $1 million MDEQ Site Assessment
Fund (SAF) grant since 1996 to stimulate investment in several properties along the
Muskegon Shoreline, resulting in private/public investment of approximately $26.8
million, an increase of over $5.9 million in the SEV of these properties, and creation of
84 jobs. SAF Projects currently underway are expected to result in $131 million in
capital investment, over $2.3 million in increased SEV, and creation of over 310 jobs;
and
WHEREAS funding from the current SAF grant is almost depleted, despite the
continuing need to provide environmental assessment funds as an incentive to
redevelop brownfield sites in the City of Muskegon; and
WHEREAS projects selected by the City to receive MDEQ funding for environmental
assessments are evaluated to assure that they are consistent with the City of
Muskegon's Master Land Use Plan; and
WHEREAS it is the intention of the City that a Site Assessment program will be
undertaken if a Brownfield Grant or Loan is awarded; and
WHEREAS if the MDEQ chooses to award a loan rather than a grant, that the City
commits to repay the loan through Brownfield Tax Increment Financing, or other such
repayment mechanism as determined to be appropriate by the City;
NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes the City
Manager to apply for and secure a grant/loan, and enter into a grant/loan agreement
with, the Michigan Department of Environmental Quality.
Adopted this 9th day of March, 2004.
AYES: Carter, Davis, Gawron, Larson, Spataro, Warmington
NAYS: None
ABSTAIN: None
CERTIFICATION
2004-28(a)
This resolution was adopted at a regular meeting of the City Commission, held on March
9, 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
DE€\
BROWNFIELD GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
AND THE CITY OF MUSKEGON
This Grant Agreement ("Agreement") is made between the Michigan Department of Environmental
Quality, Environmental Science and Services Division {hereafter "State") and the City of Muskegon
(hereafter "Grantee").
The purpose of this Agreement is to provide funding for the project named below. The State is
authorized to provide grant assistance pursuant to the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, Part 195. Legislative appropriation of funds for grant
assistance is set forth in 1996 PA 353. This Agreement is subject to the terms and conditions
specified herein.
Project Name: Muskegon Environmental Assessment Project#: 430823-68
Amount of grant: $500,000
Start Date: September 15. 2004 End Date: September 15. 2006
GRANTEE REMITTANCE INFORMATION: STATE'S REPRESENTATIVE:
Cathy Brubaker-Clarke. Director Susan Sandell. Grant Administrator
Name/Title Name/Title
Community & Econ. Development DEQ-ESSD, 120 West Chapin Street
Address Address
933 Terrace St., PO Box 536 Cadillac Ml 49651
Address Address
Muskegon, Ml 49443 231-775-3960. extension 6312
Address Telephone number
231-724-6702 231-724-6790 231-775-1511
Telephone number Fax number Fax number
Cathy.brubaker-clarke@postman.org sandells@michiqan.gov
E~mall address E-mail address
38-6004522
Federal ID number
The individuals signing below certify by their signatures that they are authorized to sign this Grant
Agreement on behalf of their agencies, and that the parties will fulfill the terms of this Agreement,
incl ing the attac ed ndices.
Date
Bryon L. Mazade, City Manager
Name and title (typed or printed)
AUTHORIZED BY:
~e~~~~~~1uy A. Butler Effective Date
Michigan Department of Environmental Quality
Rev. 8/11104
I. PROJECT SCOPE
This Agreement and its appendices constitute the entire ,greement between the State and
the Grantee and may be modified only by written agreement between the State and the
Grantee.
(A) The scope of this project is limited to the activities specified in Appendix A, and such
activities as are authorized by the State under this Agreement. Any change in project scope
requires prior written approval in accordance with Section Ill, Changes, in this Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the project identified
in Appendix A within the time period allowed for in this Agreement.
11. AGREEMENT PERIOD
This Agreement shall take effect on the date of signature by the State (the Effective Date).
The Grantee shall complete the project specified in Appendix A in accordance with all the
terms and conditions specified in this Agreement no later than the ending date shown on
page one. The State shall have no responsibility to provide financial assistance to the
Grantee for project work performed except between the Start Date and the End Date
specified on page one.
111. CHANGES
Any changes to the Agreement or to its appendices, including any increase or decrease in
the amount of the Grantee's compensation, changes to the Project Scope, or extension of
the project deadline, which are mutually agreed upon by and between the State and the
Grantee, shall be requested by the Grantee in writing, and approved in writing by the State.
Changes to the Agreement or appendices must be approved in advance. The State
reserves the right to deny requests for changes to the Agreement or to the appendices
made without 30 days notice.
IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
(A) The Grantee must complete and submit quarterly progress reports according to a form
prescribed by the State. Progress reports shall be due on April 30 for the period between
January 1 and March 30; July 31 for the period between April 1 and June 30; early October
[pursuant to Section XVI (D)] for the period between July 1 and September 30; and January
31 for the period between October 1 and December 31.
The forms provided by the State will include instructions on their use and shall be submitted
to the State's representative at the address on page 1.
(B) The Grantee shall provide a final project report in a format prescribed by the State.
(C) The Grantee must provide all deliverables in accordance with Appendix A.
V. GRANTEE RESPONSIBILITIES
(A) The Grantee understands that it is a crime to knowingly and willfully file false information
with the State for the purpose of obtaining this Agreement or any payment under the
Agreement, and that any such filing may subject the Grantee, its agents, and/or employees to
criminal and civil prosecution and/or termination of the grant.
2
(B) The grantee agrees to abide by all local, state, and federal laws and regulations in the
performance of this grant.
(C) All local, state, and federal permits, if required, are the responsibility of the Grantee.
Award of this grant is not a guarantee of permit approval by the State.
(D) The Grantee shall secure all personnel necessary to complete the project. All personnel
shall be under the direct supervision of the Grantee. The Grantee shall make all payments
required by law for workers' compensation insurance, social security, income tax,
unemployment compensation, and all other taxes or payroll deductions as required by law.
(E) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the
Grantee's receipt of this grant.
(F) The Grantee shall purchase and use recycled materials and products to the maximum
extent possible in performing the project. At the Grantee's request, the State shall provide
information and assistance to the Grantee regarding the use of recycled products in the
project.
(G) The Grantee is responsible for the professional quality, technical accuracy, timely
completion, and coordination of all designs, drawings, specifications, reports, and other
services furnished by the Grantee or its subcontractor under this Agreement. The Grantee
or its subcontractor shall, without additional compensation, correct or revise any errors,
omissions, or other deficiencies in designs, drawings, specifications, reports, or other
services.
(H) The State's approval of drawings, designs, specifications, reports, and incidental work
or materials furnished hereunder shall not in any way relieve the Grantee of responsibility
for the technical adequacy of the work. The State's review, approval, acceptance, or
payment for any of the services shall not be construed as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement.
VI. ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or
obligations under this Agreement to any other party without the prior written consent of the
State. The State does not assume responsibility regarding the contractual relationships
between the Grantee and any sub-grantee.
VII. SUBAGREEMENTS
The Grantee shall not use any consultant or subcontractor to perform the project unless
specifically authorized by the State. The Grantee will be required to assume responsibility for
all contractual activities offered in this proposal whether or not the Grantee performs them.
Further, the State will consider the Grantee to be the sole point of contact with regard to
contractual matters, including payment of any and all charges resulting from the anticipated
Grant. All subcontractors used by the Grantee in performing the project shall be subject to
the provisions of this Agreement and shall be professionally qualified to perform the duties
required.
VIII. NON-DISCRIMINATION
The Grantee shall not discriminate against an employee or applicant for employment with
respect to their hire, tenure, terms, conditions, or privileges of employment, or any matter
3
directly or indirectly related to employment, because of race, color, religion, national origin,
ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the
individual's ability to perform the duties of the particular job or position. The Grantee further
agrees that any sub-agreement shall contain a nondiscrimination provision identical to this
provision and binding upon any and all subcontractors. This covenant is required pursuant to
the Elliott Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq,
and the Persons with Disabilities Civil Rights Act, 1976 Public Act 220, as amended,
MCL 37.1101, et seq, and any breach thereof may be regarded as a material breach of the
contract or purchase order.
IX. UNFAIR LABOR PRACTICES
Pursuant to 1980 Public Act 278, as amended, MCL 423.231, et seq, the State shall not
award a contract or subcontract to an employer whose name appears in the current register
of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the
Act. The Grantee shall not enter into a contract with a subcontractor, manufacturer, or
supplier whose name appears in this register. Pursuant to Section 4 of 1980 Public Act 278,
MCL 423.324, the State may void any contract if, subsequent to award of the contract, the
name of the grantee as an employer, or the name of the subcontractor, manufacturer, or
supplier of the grantee appears in this register.
X. LIABILITY
(A) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to the obligations of the Grantee under this
Agreement shall be the responsibility of the Grantee, and not the responsibility of the State, if
the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the
part of the Grantee, any subcontractor, anyone directly or indirectly employed by the Grantee,
provided that nothing herein shall be construed as a waiver of any governmental immunity the
Grantee has as provided by statute or modified by court decisions.
(B) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out by the State in the performance of this agreement shall be
the responsibility of the State and not the responsibility of the Grantee if the liability, loss, or
damage is caused by or arises out of, the action or failure to act on the part of any State
employee or agent, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the State, its agencies or employees as provided by statute or
court decisions.
(C) In the event that liability, loss, or damage arises as a result of activities conducted jointly
by the Grantee and the State in fulfillment of their responsibilities under this Agreement, such
liability, loss, or damage shall be borne by the Grantee and the State in relation to each
party's responsibilities under these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Grantee, the State, its agencies,
or their employees, respectively as provided by statute or court decisions.
XI. GRATUITIES
If the State finds, after a notice and hearing, that the Grantee or any of the Grantee's agents
or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official,
employee, or agent of the State, in an attempt to secure a sub-agreement or favorable
treatment in awarding, amending, or making any determinations related to the performance of
this Agreement, the State may, by written notice to the Grantee, terminate this Agreement.
4
XII. CONFLICT OF INTEREST
No government employee or member of the legislative, judicia, or executive branches of
local, State, or federal government shall benefit from any part of this agreement.
XIII. AUDIT AND ACCESS TO RECORDS
The Grantee will be required to maintain all pertinent financial and accounting records and
evidence pertaining to the Grant in accordance with generally accepted principles of
accounting and other procedures specified by the State. The State or any of their duly
authorized representatives shall have access, upon reasonable notice, to such books,
records, documents, and other evidence for the purpose of inspection, audit, and copying.
The Grantee will provide proper facilities for such access and inspection. All records shall be
maintained for a minimum of three years after the End Date.
XIV. INSURANCE
(A) The Grantee shall maintain insurance that will protect it from claims that may arise from
the Grantee's actions under this Agreement or from the actions of others for whom the
Grantee may be held liable.
(B) The Grantee shall comply with applicable workers' compensation laws while engaging in
activities authorized under this Agreement.
XV. FEES AND OTHER SOURCES OF FUNDING
The Grantee shall not seek nor obtain funding through fees or charges to any client
receiving services for which the State reimburses the Grantee under this Agreement. The
Grantee guarantees that any claims made to the State under this Agreement shall not be
financed by any source other than the State under the terms of this Agreement. If funding
is received through any other source, the Grantee agrees to delete from Grantee's billings
or to immediately refund to the State, the total amount representing such duplication of
funding.
XVI. COMPENSATION
(A) The State shall pay the Grantee a total amount not to exceed the amount on page one of
this Agreement, in accordance with Appendix A.
(B) A breakdown of project costs covered under this Agreement is identified in Appendix A.
All other costs necessary to complete the project are the sole responsibility of the Grantee.
(C) Expenditures made by the Grantee prior to the Start Date or after the End Date of this
Agreement are not eligible for payment under the Agreement.
(D) Payment Requests submitted by the Grantee must be approved by the State prior to
payment. The State reserves the right to request additional information before approving a
Payment Request.
Payment Requests shall be submitted with progress reports for the same period and must
include supporting documentation of eligible project expenses incurred during the payment
request and progress report period. If 15 percent (15%) or more of the grant amount is
expended in a single quarter, payment requests may be submitted once monthly during that
quarter.
5
If the Grantee is unable to submit a payment request in early October for the quarter ending
September 30, an estimate of expenditures through September 30 must be submitted to
allow the State to complete its accounting for that fiscal year. The Grantee shall be notified
by the State by September 1 of the annual due date for expenditures through September 30.
(E) The State may hold back 10 percent (10%) of the grant amount or the final invoice until
the project is completed in accordance with Section XVII, Closeout, and audited by the State.
XVII. CLOSEOUT
(A) A determination of project completion shall be made by the State upon satisfactory
completion of the activities and deliverables described in Appendix A and a site inspection, if
applicable.
(B) The Grantee shall provide the State, within 60 days of the End Date, with all financial,
performance, and other reports available and required as a condition of the Agreement.
The Grantee shall submit a request for final payment within 60 days from the End Date of the
Grant.
(C) As a condition of final payment, the Grantee shall deliver to the State a release of all
claims against the State arising under this Agreement. Unless otherwise provided in this
Agreement or by State law, final payment under this Agreement shall not constitute a
waiver of the State's claims against the Grantee.
(D) The Grantee shall immediately refund to the State any payments or funds advanced to
the Grantee in excess of allowable reimbursable billings.
(E) Grants may be audited by the State. In the event a grant project is required to be
audited, the amount held back under Section XVI (E) may be retained by the State until the
audit is completed.
XVIII. CANCELLATION
This Agreement may be cancelled, upon 30 days written notice, due to Executive order,
budgetary reduction, or other lack of funding.
XIX. TERMINATION
(A) This Agreement may also be terminated by the State for any of the following reasons
upon 30 days written notice to the Grantee:
1. The State may terminate a grant made with money from the fund or withhold
payment if the recipient fails to comply with the terms and conditions of the grant
agreement or with the requirements of the authorizing legislation cited on page 1 or
the rules promulgated thereunder, or with other applicable law or rules. If a grant is
terminated, the State may recover all funds awarded.
2. If the Grantee knowingly and willfully presents false information to the state for the
purpose of obtaining this Agreement or any payment under this Agreement, the
State may terminate this Agreement with no further penalty whatsoever to the
Grantee, and the Grantee, upon demand by the State, shall reimburse the State for
all money received under this Agreement.
6
3. If the Grantee uses the Grant for any purpose other than those described in
Appendix A or otherwise approved by the State, the State may terminate the Grant
and require immediate repayment from the Grantee of disbursed funds for the
misused portion of the Grant.
(B) The State may immediately terminate this Agreement without further liability if the
Grantee, or any agent of the Grantee, or any agent of any subagreement, is:
1. Convicted of a criminal offense incident to the application for or performance of a
State, public, or private contract or subcontract;
2. Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or attempting to influence a public employee to breach
the ethical conduct standards for State of Michigan employees;
3. Convicted under State or federal antitrust statutes; or
4. Convicted of any other criminal offense which, in the sole discretion of the State,
reflects on the Grantee's business integrity.
(C) In the event the agreement is terminated, the Grantee or its contractor may be
compensated for all satisfactorily completed documents, data, studies, surveys, drawings,
maps, models, photographs, and reports, or reasonable compensation for unfinished work
products.
XX. ACCESS AGREEMENT
A voluntary access agreement or court-ordered access must be secured by the Grantee
prior to performance of the scope of work described in Appendix A for any portion of the
project area or property where grant activities will be undertaken and that is not owned by
the Grantee. Evidence of access must be provided to the State at its request.
XXI. MATCH
The Grantee agrees to provide local match to the project as described in Appendix A of the
Agreement. The Grantee shall expend all local match committed to the project by the End
Date on page 1 of the Agreement.
If real or personal property will be donated as the match or a portion of the match required,
the Grantee shall submit to the State documentation of an appraisal performed by a state-
certified property appraiser. For property valued at or in excess of $500,000, the Grantee
shall submit documentation of a second appraisal.
For real property donated as match, the Grantee shall submit documentation, before or within
sixty (60) days of the End Date, of a marketable record title free of liens and encumbrances,
and proof of title insurance.
In the event the local match expended or donated by the End Date is less than the amount in
Appendix A of the Agreement, the amount of the grant shall be reduced at the discretion of
the State so that the local match percentage remains the same as described in Appendix A.
The Grantee may be required to reimburse the State for any funds disbursed to the Grantee
over the amount of the reduced grant.
XXII. BIDS, CONTRACTORS
(A} For contracts over $20,000 the Grantee shall provide, or cause to be provided, the
qualifications of the selected contractor(s) to the State. The State reserves the right to object
7
to the selected contractor(s) or their qualifications. If the State has objections, it will inform
the Grantee in writing within thirty (30) days of receipt of the selected contractor's
qualifications.
(B) For any contract except professional services, the Grantee shall solicit, or cause to be
solicited, bids from at least three qualified contractors. The Grantee shall provide copies of all
bids received to the State. If the contractor that submitted the lowest bid is not the contractor
selected, the Grantee must submit written justification for the selection.
(C) Any contractor(s) retained for corrective action on regulated underground storage tanks
shall be approved in accordance with Part 213, Leaking Underground Storage Tanks, and
Part 215, Underground Storage Tank Financial Assurance, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended.
(D) Any contractor(s) retained for asbestos abatement shall possess appropriate
qualifications to perform asbestos abatement.
XXIII. PROJECT IMPLEMENTATION
Prior to conducting any activities except property acquisition under the Agreement, the
Grantee or its contractor shall submit a detailed work plan to the State for its approval.
Work plans must include a description of the proposed activities, a budget, and a schedule
for conducting the activities under Appendix A. A supplementary work plan, budget, and
schedule are required for each subsequent phase of work. The Grantee and its contractor
shall not proceed with grant-funded activities until the State approves the work plan,
budget, and schedule in writing. The State may approve, modify and approve, or require
amendments to the work plan.
The Grantee or its contractor shall implement the work plan upon the State's written
approval and according to the schedules contained therein. Changes or additions to the
work plan may be submitted in writing and are subject to approval by the State. Changes to
the work plan without prior approval from the State, or performance of activities that are not
part of an approved work plan or amendment to a work plan, are considered ineligible
expenses and may result in the Grantee being responsible for payment of unapproved
activities.
XXIV. OTHER TERMS AND CONDITIONS
(A) Although the following costs may be related to the scope of work described in Appendix
A, the following are ineligible for reimbursement under the grant:
Office equipment; software; insurance, except liability insurance required pursuant to this
Agreement; taxes, except sales taxes; registrations, including registration of an
underground storage tank; replacement or purchase of equipment; fees, including Baseline
Environmental Assessment petition fees, late fees and permit fees; drinking water supply
replacement, as defined in 1990 AACS Rule 299.5401; operation and maintenance, as
defined in 1990 AACS Rule 299.5103(a); restoration of property or infrastructure, unless
included in Appendix A; fees for attorneys or legal advice; grant recipient staff time for
application submittal and grant administration; costs incurred for environmental activities
under a local Brownfield Redevelopment Authority Plan; costs incurred for activities outside
a State-approved work plan; labor overtime; and training. Travel costs for either vehicle
use or vehicle mileage will be reimbursed, but not both. Contractor markup on
subcontractors and equipment is limited to 10% of the original cost. Other expenses may
be determined ineligible in the course of invoice reviews.
8
The use of a Grant Administrator to review work plans, reports and other documents
prepared by the Contractor(s), review invoices, write project status reports, and coordinate
project activities and communications is eligible for reimbursement conditional upon the
State's approval of a scope of work and budget prior to incurring grant administration costs.
(B) The State may withhold the Grant until the State determines that the Grant Recipient is
able to proceed with the project scope described in Appendix A, pursuant to Part 196,
Section 19612(3).
(C) Following completion of the Project, the State may conduct annual compliance
inspections for two (2) years to determine whether the Project is being maintained for the
use specified in this Agreement.
(D) The Grant Recipient acknowledges, by signature of this Agreement, that the State is
not obligated to provide additional funding for this project. In the event that Grant funds
provided pursuant to this Agreement are not sufficient to complete the Environmental
Activities for which grant funds were approved, the Grantee may make a written request for
additional grant funds. If no additional grant funds are approved by the State, the Grantee
shall assume responsibility for any additional Environmental Activity costs necessary to
complete the Project and in excess of the approved Grant.
(E) The Grant Recipient acknowledges by its signature of this Agreement that there have
been no material changes in the economic development proposal, property ownership, or
other conditions of the Property or Project since the date the grant fund? were awarded. If
the proposed development changes, the Grantee shall immediately notify the State in
writing. In the event the proposed development is not implemented, the Grantee shall
immediately notify the State in writing and shall secure a new development project for the
Property within six (6) months after such notification. The Grantee shall then notify the
State in writing of the proposed development. The alternate development project is also
subject to approval by the State.
XXV. ACKNOWLEDGEMENT
All deliverables shall acknowledge that the project was supported in whole or in part by the
Brownfield Grant and Loan Program, Department of Environmental Quality.
9
APPENDIX A
SITE NAME: Muskegon Environmental Assessment Tracking code: 2004-1008
Grantee: City of Muskegon
County: Muskegon
Project#: 430823-68 Site Assessment Fund Grant
CMI Brownfield Redevelopment Loan
Funding Type and Amount:
$500,000 Site Assessment Fund Grant
$500,000 CMI Brownfield Redevelopment Loan
Funding source: Part 195, Environmental Protection Bond Implementation, of the
Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
(NREPA); and Part 196, Clean Michigan Initiative Implementation, of the NREPA.
Legislative appropriation of funds for funding assistance is set forth in 2004 PA 309 (CMI
Brownfield Redevelopment Loan) and 1996 PA 353 (Site Assessment Fund Grant).
LOCATION: Areawide investigation will include the Muskegon Lake shoreline, Seaway
Industrial Park, Port City Industrial Park, Medendorp Center Industrial Park, and the
Lakeside Area, as identified in the attached map. Other priority projects outside of these
areas may be proposed and will be considered individually for addition to the project
area.
SITE HISTORY AND OWNERSHIP: Individual properties within targeted areas will be
proposed to the State's Representative when development potential is identified. Site
history and ownership will be identified at that time.
PROJECT SCOPE: Conduct environmental assessments, due care, and interim
response actions pursuant to the NREPA at properties within the designated areas to
reuse individual properties and revitalize the designated areas.
PROJECT DESCRIPTION: The $500,000 Site Assessment Fund Grant may be used
for investigations and Baseline Environmental Assessments (BEAs) and due care plans
at properties in the project area proposed for redevelopment or otherwise prioritized by
the Grantee, and approved by both the City of Muskegon and the State.
The $500,000 CMI Brownfield Loan may be used to pay for interim response actions
and implementation of BEA or due care response activities at properties in the project
area proposed for redevelopment or otherwise prioritized by the Grantee, and approved
by both the City of Muskegon and the State.
Projects will be selected and screened by representatives of the City of Muskegon,
which will review proposals for investment, job creation/retention, increase in tax base,
consistency with the city's master plan, and other criteria. Proposals approved by the
city will be submitted to the State in writing. Proposals will include the location of the
property at which grant or loan funds will be spent; a description of the proposed
development; a proposed budget; a description of the known environmental condition of
Page 1 of 3
the property; a description of the known historic uses of the property; the current and
proposed owners of the site; any legal, access, or title issues that may affect
redevelopment of the property; and information regarding pre-existing relationships the
Grantee or developer and any current or prior owners or operators of the property being
proposed for funding.
Projects proposed for due care response activities must have an identified developer or
be owned by the City of Muskegon.
Projects submitted to the State by the Grantee will be reviewed for funding eligibility.
Written approval and comments will be provided for each qualified project.
REDEVELOPMENT: Development for individual parcels will be described as projects
are proposed for approval under the areawide grant and loan.
PROJECT BUDGET: In addition to the broad budget items listed below, grant and loan
funds may be used for work plan and budget development, bid solicitation, and technical
specifications.
Task Task Site Assessment Clean Michigan
Number Fund Initiative
Brownfield
Redevelopment
Loan
1 Phase I and II investigations, $450,000
BEAs, Due Care Plannina
2 Grant administration $50,000
3 Due Care lmolementation $225,000
4 Interim Resoonse Activities $225,000
5 Loan administration $50,000
TOTAL $500,000 $500,000
Project Total: $1,000,000
A budget of up to $1,000 for each work plan is approved. Any work plan cost in excess
of $1,000 must receive specific approval from the State.
DELIVERABLES: For each approved project, the Grantee will provide a detailed work
plan and budget describing the proposed response activities. Any data collected as a
result of the grant will be provided to the State's representative. Quarterly reports will
show the progress of the investigation and due care activities, and will describe other
response actions taken. A BEA, if required, will be produced for the proposed developer
for each property prior to the developer's purchase of the property.
The Grantee will provide two copies of a final report to the State by the end date. The
report should include a description of the work completed under the grant and match and
photographs of the completed project; the number of permanent jobs created; the
amount of private investment; the number of acres improved; the final total project cost;
and a project fact sheet in a format provided by the State.
Page 2 of 3
Any data collected as a result of the grant will be provided to the State's Representative.
The Grantee will provide two copies of any document produced using grant funds,
including plans, bids, proposals, advertisements, and progress reports, unless provided
electronically.
SCHEDULE: Work will be initiated on approved projects within two weeks of State
approval unless another schedule is approved by the State.
Page 3 of 3
Commission Meeting Date: March 9, 2004
Date: March 2, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of Contract to Market Seaway Industrial Park
SUMMARY OF REQUEST:
A Request for Proposals (RFP) was recently put out by the Planning Department for
marketing of the property in Seaway Industrial Park. The purpose of the RFP was to
expose these properties to a wider market than is currently possible by City staff. Two
real estate agencies submitted proposals, which were reviewed by City staff. The two
agencies were also interviewed as part of the process. Of the two proposals, C & A
Commercial Real Estate's proposal stood out with unique ideas for marketing, as well
as flexibility and willingness to put City property first on their priority list when marketing.
C & A Commercial Real Estate is also willing, as part of this agreement, to market
another City-owned industrial piece of property at 1537 S. Getty Street.
FINANCIAL IMPACT:
The timely sale and development of these properties will bring more jobs to Muskegon
in the near future, thus additional income tax being generated.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and authorize the Mayor and Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
3/2/2004
Resolution No. 2 004- 2 8 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING MARKETING CONTRACT FOR
SEAWAY INDUSTRIAL PARK
WHEREAS, the City of Muskegon has completed the development of Seaway Industrial Park;
and
WHEREAS, the City of Muskegon believes it is important that the property within the park be
sold in a timely manner; and
WHEREAS, a Request for Proposals (RFP) was solicited from area commercial real estate
agencies for the purpose of marketing Seaway Industrial Park to a wider area; and
WHEREAS, C & A Commercial Real Estate submitted the proposal that reflects the best
interests of the City.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
the Mayor to sign on behalf of the City, a real estate agreement with C & A Commercial
Realtors for the purpose of marketing industrial property in Seaway Industrial Park, as
well as a parcel located at 1537 S. Getty Street.
Adopted this 9th day of March 2004.
AYES: Davis, Gawron, Larson, Spataro, Warmington, Carter
NAYS: None
ABSENT: Shepherd
BY:
ATTEST: n~o.L~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATION
2004-28(b)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on March 9, 2004.
Gail Kundinger, MMC
City Ckerk
3/2/04 2
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 3/9/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 2, 2004
RE: Public Safety Administration Ordinances
SUMMARY OF REQUEST:
To adopt three ordinances to implement the proposed Public Safety Administrative
Consolidation.
FINANCIAL IMPACT:
First year savings of over $100,000.
BUDGET ACTION REQUIRED:
The savings will be accounted for in a future quarterly budget update.
STAFF RECOMMENDATION:
To approve the attached ordinances.
COMMITTEE RECOMMENDATION:
The City Commission endorsed the consolidation concept on February 24, 2004.
O:COMMO N\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0 : (PUBLIC SAFETY CONSOLIDATIO N-ORDINANCES)
DATE: March 1, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030177 Address: 433 E.
Isabella.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 433 E. Isabella - Area 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN-030177 Address: 433 E. Isabella.
Location and ownership: This structure is located on E. Isabella between Wood
and Williams and is owned by Tamkea Scott. It was previously owned by Earl
Morris, her deceased father.
Staff Correspondence: This case began with a police report forwarded to the
Inspection Department due to conditions in the house. A dangerous building
inspection was conducted 11/20/03 and notice and order to repair or remove
issued 12/3/03. On 1/8/04 the HBA declared the structure substandard and
dangerous. An interior inspection was conducted 1/16/04. A memo stating
permits should be pulled within 2 weeks was sent 1/29/04 with the interior
inspection report.
Owner Contact: On 1/12/04 a friend of Tameka Scott called and asked about the
posting on the house. An interior inspection was scheduled on that date for
1/14/04. No one showed for that inspection and it was rescheduled for 1/16/04
and was conducted on that date. There has been no contact since.
Financial Impact: The demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $24,300
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $8,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, March 9, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
433 Isabella
Interior Inspection
1/16/04
Inspection noted:
1. Romex exposed in closet.
2. Closet light is incomplete.
3. Washer/dryer not grounded.
4. Bonding jumper missing on water heater.
5. Exterior lights incomplete.
6. Entry porch collapsing - sections of frame deteriorated. Remove or rebuild to
code.
7. Doors on home have been damaged. Repair or replace.
8. Repair all damaged siding.
9. Window frames on home need scraping and painting.
10. Provide secure crawl space access panel. Must be able to be approved for ground
contact.
11. Patch and paint all interior wall and ceiling damage.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\433 Isabella-!nt..doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
433 E. Isabella
11/20/03
Inspection noted:
1. Garage roof is deteriorated.
2. Garage vehicle door needs repair.
3. Residence - Rear apartment has broken windows.
4. Residence - Rear apartment has fascia & soffitt damage.
5. Residence - Siding needs paint & minor repair.
6. Property maintenance items have not been corrected.
7. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
8. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\433 E. Isabella-Ext..doc
l_\35•433
l: . l: 4:, 0..\o e\ I Cl\
DATE: March 1, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030176 Address: 207 E.
Walton.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 207 E. Walton - Area 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN-030176 Address: 207 E. Walton.
Location and ownership: This structure is located on Walton between Murphy
and Rathborne and is owned by Sidney & Patricia Norman of Muskegon Heights.
Staff Correspondence: A dangerous building inspection report was written
11/20/03 and notice and order to repair or remove was issued 12/3/03. On
2/9/04 the HBA declared the structure substandard and dangerous.
Owner Contact: There has been no contact from the owners.
Financial Impact: The demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $9,600
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $6,000 plus the cost for interior repairs
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, March 9, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
207 E. Walton
11/20/03
Inspection noted:
1. Roof deteriorated, missing material.
2. Soffitt & fascia damaged.
3. Windows broken & boarded.
4. Siding is lifting from structure.
5. Foundation open to varmints.
6. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
7. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\207 E. Walton-Ext.doc
--
'2.07 VJ A-L.TON
[
AGREEMENT
THIS AGREEMENT, made this July 13, 2004 by and between:
Press's LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __
_ _ _ _ _ _ __,; hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 207 Walton as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $2900
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY: t-\ \ \!1.\-...,. ~n o 1;• - f\-.,.c,.
Printed name ~nd title
ATTEST:
~~
City Clerk l
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the ~0~(·'-'~·.,;~e~I'-_ _ _ __
of the Corporation named as contractor herein;
That 4 \ r,,_C\ &'jes , who signed this Agreement on behalf of the
Contractor, was then 9r<:!.s. of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
(CORPORATE SEAL) fe.A.,L -""c1. ;15,,..,rx' C, ) ,02\:,
Printed Name anditle
DATE: March 1, 2004
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030082 Address: 1785
Mclllwraith.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1785 Mclllwraith is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN-030082 Address: 1785 Mclllwraith.
Location and ownership: This structure is located on Mclllwraith, on the NW
corner of Laketon and Mclllwraith. It is owned by Harold and Shelly Larabee.
Staff Correspondence: This case began with the garage being written as
dangerous on 9/11/02 and the house was added 10/14/02. An interior inspection
was conducted 1/7/03. A notice and order to repair or remove was issued
12/4/02 and a building permit for repair to the garage and exterior of the house
was pulled by the owner on 12/19/02. The permit expired 2/19/03. On 2/6/03 the
HBA heard the case and tabled it until July 2003 to give the owner time to
complete the repairs. At that time Mr. Larabee stated he would be living in the
house when he wasn't out of town for work. Previously, the house had been a
rental. On 4/30/03 a building permit was again issued to the owner and expired
7/1/03. On 8/7/03 the case was brought back before the HBA and the structure
was declared dangerous and substandard.
Owner Contact: The owners have been in contact with the Inspection office
throughout the process and first stated they intended to complete the repairs. In
October 2003 they stated they were selling the house. They also obtained
information about completing the demolition on their own in October 2003 and
were given until 11/03 to complete the demolition. There has been no contact
since that date.
Financial Impact: The demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $14,000
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $12,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, March 9, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1785 Mcilwraith
(INTERIOR INSPECTION)
Inspection noted:
I. Repair/replace all fixtures as needed.
2. Furnace to be tested and certified by licensed contractor.
3. Pressurize and repair all water waste & venting.
4. All duct work to be repaired/replaced as needed.
5. Garage wiring to be in compliance with 1999 MICH Electrical code.
6. Garage must be separated from home by not less ½ inch drywall applied to garage
side. Door openings: must be solid wood not less than I 3/8 solid core steel I 3/8
or 20 min. fire door.
7. Handrail, guardrail to basement must meet MRC 2000 requirements.
8. Tuck point all wall block missing mortar.
9. Change bottom plate on garage.
I 0. Patch all wall damage.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\1785 Mcilwraith interior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1785 Mclllwraith
10/14/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building).
2. Foundation wall repair needed. Broken block, missing mortar, rotted basement
window frames.
3. Missing siding.
4. Back section of home (old garage) has illegal framing, rotted, structurally and is
not to code.
5. Roof system on home needs to be replaced. There is a large hole in sheathing,
shingles failing, fascia-soffit missing or incomplete. (inspection required when
stripped - rafters - sheathing)
6. Front porch landing to steps needs to be replaced, badly deteriorated.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\1785 Mclllwraith-Exterior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1785 Mcllwraitlt
(GARAGE)
9/11/02
Inspection noted:
1. Siding missing - must be replaced.
2. Roof covering deteriorated - must be repaired or replaced.
3. Structural engineer to evaluate structure for integrity and stability. Repair per
engineer's requirements.
4. Garage full of debris - must be cleaned out.
5. Soffitt requires repair.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\l 785 Mcilwraith -G.doc
•
•
•
I
'
'
'
---------··-.
J- 9- 0 y
AGREEMENT
THIS AGREEMENT, made this July 13. 2004 by and between:
Press's LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __
_ _ _ _ _ _ _); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, herein'after called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1785 Mcllwraith as well as requ ired
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $2400
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
· · - ··· Genera,Specifications for Pr"ojecf Performance
-Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract confl icts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST CONTRACTOR:
BY: •~ \Q ('\ ~-~<'~S. - ~-es
Printed name amf'title
ATTEST: CllY OF M U S K ~
d-nc/4 ~ BY:~- , ~
tl,a, Q. ~,.)
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the ..ccCT~il,,,Aeal'1~S~-----
of the Corporation named as contractor herein;
, who signed this Agreement on behalf of the
Contractor, was then.~Q.,_v~'()~'..._,_ _ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
-'"1c:'-. -J~cf\/mk!5,~(L
(CORPORATE SEAL) lfJ ,uf_,e, ({ ~ tylf -- CJ' a,u,e,1
Printed ame and Title
-------
Housing Survey
vacancv nr Waiti"'-':listj \: ' :1:=tn11:;:c,:;;ost tr utmt,esn:::,,..;,;1,a r :Dis'@WJS:ff :
Little Blue lake Coop No No 30% Yes Yes Yes
Channel View II
Harbour Point No Yes $500 - $700. Heat Yes Yes
Shawl II Yes No $624 Yes Yes Sen/Mob. Seniors & Mobility Imp. Only
Amazon Apt. Yes No $440 N/Elec. Yes Yes
Barclay Sr. Citizen Yes Yes 30% N/Elec. Yes Yes 1bed/first Fl. 1 - 2 years
Bayview Towers No Yes 30% N/Elec. Yes Yes
Carriage House Yes Yes $372 N/Elec. Yes Yes
Hickory Village Yes No 30% N/Elec. Yes Yes
COGIC Village Yes No $485 w/s Yes Yes
Hackley Village Yes Yes $440 N/Elec. Yes Yes
Nelson Place Yes Yes $500 N/Elec. Yes No Seniors only
Oakwood Village Yes No $420 N/Elec. Yes Yes
Opportunity Homes Yes No varies No Yes Yes 5 remaing Units Purchase only
Park Terrace Yes Yes
Pioneer Arbor No Yes 30% Yes Yes Yes 2-3 years
Royale Glen T/H No Yes* $510 Yes Yes Yes Just ex. w/I new one started
Trinity Village I Yes Yes $91/$409 w/s Yes Yes 2-3 years
Trinity Village II Yes Yes $92/$375 w/s Yes Yes 2-3 years
Village of Park Terr II Yes
Columbia Court Yes Yes 30% Yes Yes Yes min. $50. max $270.
East Park Manor Yes Yes 30% Yes Yes Yes min. $50. max $270.
M.A. Houston Apt. Yes No $346 Yes Yes Yes
Woodcliff'*** Yes **** Yes Yes Being remodeled off till Spring
Arbor Crossing Yes No $485 w/s Yes Yes
Pinegrove Manor Yes Yes $320-$403 Yes Yes No Seniors only
Pioneer House No No SSI rate Yes Yes Yes
Quail Meadows No Yes 30% w/only Yes Yes
Creekside Yes Yes
Shawl Apt. No No $577 Yes Yes Yes
Whitehall Apt I No Yes 30% No Yes Yes 3-months
-Judy KPII - 04AddlllMusk,doG Page 1 I
B. Project Description
Project Name: Arbors at Jackson Hill Apartments
Project Location: Seaway Drive and Bayou Street, City of Muskegon, MI
Type of Project: New Construction, Conventional (9%) Tax Credit
Owner: Arbors at Jackson Hill Limited Dividend Housing Association
Limited Partnership, a Michigan limited partnership ("Owner")
Total Project Costs: $9,013,854
Type of Financing: Equity: Conventional 9% Tax Credit (MSHDA)
Property Tax Concession: PILOT Real Estate Tax Rate at 8% of Adjusted Gross
Income
TOTAL: 104 apartment units
Tenants Served: 88 units family tax credit (all at or below 60% AMI)
Special Set-Asides: 16 units for the Seriously Mentally Ill and/or
Developmentally Disabled (Special Needs Residents at
or below 30% AMI)
Total Unit Mix: 104 units; 16 One-Beds; 52 Two-Beds; 36-Three Beds
Building Type: Two-story, Garden-Style Buildings
Three basic building types: 8, 12 and 16-unit buildings
Total Rent Mix: 16 units (15.38%) at 30% AMI (State Median 35%)
16 units (15.38%) at 40% AMI (State Median 45%)
52 units (50.00%) at 45% AMI (State Median 50%)
20 units(] 9.23%) at 60% AMI
The site for Arbors at Jackson Hill Apartments is located just off of Seaway D1ive BUS 31, a
busy thoroughfare leading out of downtown Muskegon, Michigan to the north. The site is very
convenient to shopping, businesses, schools, and medical facilities.
Arbors at Jackson Hill will include 16 one-bedroom apartments ranging from 691 to 710 square
feet each (first floor and second floor respectively), 52 two-bedroom apartments ranging are 952
square feet each, and 36 three-bedroom apartments ranging from 1123 to 1145 square feet each.
The one-bedroom and two-bedroom apartments will each have one full bathroom, and the three
bedroom apartments will feature two full bathrooms. Each apa1tment will feature gas forced
heat1 central air conditioning, gas hot water heater and appliances such as dishwasher, range,
refrigerator, garbage disposal, range hood, and full-size washer/dryer hookups. Each apartment
will also have an outside patio and/or balcony (first and second floor respectively) with enclosed
outside storage area.
On site, Arbors at the Jackson Hill will feature an abundance of amenities for the benefit of the
residents. A beautiful, very large, all-brick 3,760 square-foot clubhouse facility will house the
leasing and management offices, community/gathering room with kitchenette, common laundry,
maintenance room, and interior space to be used for social service programs, education, and
ente1tainment. Attached to the rear of the clubhouse will be a deck area with barbecue grills for
1
i Judy Kell - 04Addll1Musk.doc ·.· Page 2 J
summer cookouts and recreation. A playground area with modem play equipment and plenty of
open green space to add to the family atmosphere of Arbors at the Jackson Hill.
Arbors at Jackson Hill will reserve I 6 units for individuals that are mentally and/or
developmentally disabled, and Community Mental Health Services of Muskegon and Sterling
Management Ltd. (the property manager) will work together for the referral of these special
needs populations and for the provision of substantial services to these respective individuals.
All 16 of these set-aside units will be reserved at 30% AMI and scattered throughout the
development.
All of the first-floor units will be handicap adaptable, and the Owner will modify any first-floor
unit, at the cost of the Owner, to meet Michigan State barrier-free code and ADA requirements.
During the latter part of construction and pre-lease stage of development, the Owner will work
closely with Community Mental Health to construct barrier-free units as needed based on the
need at that time, and will implement more as needed in the future.
Sterling Management Ltd. Inc. has over 17 years successful experience in the management of
affordable housing. The Arbors at the Jackson Hill Apartments has received significant support
from the City of Muskegon, including the approval of the appropriate zoning and site plan as
well as granting a PILOT tax abatement ordinance.
C. Proposed Rents
The following rent table indicates the unit and rent mix for I 04-unit Arbors at Jackson Hill
Apartments, with rents reflective of the Muskegon County HUD 2004 Area Median Income
(AMI) Rent limits minus applicable local public housing authority utility allowances (all subject
to annual adjustment):
I. 15.38% of the units (16 units) will be reserved for Special Needs Residents at 30% AMI
(5) one-bedroom units at $342 per month (includes $74 utility allowance)
{11) two-bedroom units at $412 per month (includes $91 utility allowance)
(0) Three-bedroom units at $476 per month (includes $112 utility allowance)
2. 15.38% of the units {16units) will be reserved for families at 40% AMI:
(3) one-bedroom units at $457 per month (includes $74 utility allowance)
(8) two-bedroom units at $550 per month (includes $91 utility allowance)
(5) three-bedroom units at $635 per month (includes $112 utility allowance)
3. 50.00 % of the units (52 units) will be reserved for families at 45% AMI:
(8) one-bedroom units at $514 per month (includes $74 utility allowance)
(26) two-bedroom units at $6 I 9 per month (includes $91 utility allowance)
{18) three-bedroom units at $715 per month (includes $112 utility allowance)
4. 19.24% of the units (20 units) will be reserved for families at 60% AMI:
(0) one-bedroom units at $619 per month (includes $74 utility allowance)
(7) two-bedroom units at $671 per month (includes $91 utility allowance)
{13) three-bedroom units at $787 per month (includes $112 utility allowance)
The sixteen (16) special needs units will be reserved at the 30% AMI rent for any qualified
Special Needs Resident that meets the income guidelines and Management's resident selection
2
IJudy KeiU - 04Adcll11Mu~k,doc Page3!
criteria. These rent levels will be guaranteed for the term of the Low-Income Tax Credit
Compliance Period, which in the case of Arbors at Jackson Hill, the Owner has committed to for
perpetuity. Please see attached to this Plan page IO of the respective MSHDA Low-Income
Housing Tax Credit Application that confirms the unit income and rent restrictions relative to the
Arbors at Jackson Hill.
D. Service Partner
1. Identify the supportive service provider involved,
Community Mental Health Services of Muskegon
Contact Information:
• Address: 376 Apple Avenue, Muskegon, MI 49442
• Contact Person: John North, Assistant Director
• Executive Director: Jim Elwell
• Telephone: (231) 724-1 I 04
• Fax: (231) 724-1300
• E-mail address: (John North): North@cmhs.co.muskegon.mi.us
2. Describe the Organization's History
• Prior experience with the targeted special needs population
CMHS of Muskegon County will be responsible for coordinating the supportive services
required by tenants with special needs. Created in 1966, CMHS is a Community Mental Health
Agency operating under the provisions of Public Act 258 of 1974 as modified by Pubic Act 290
of 1996 of the State of Michigan, Department of Community Health. The agency is a
Department of the County of Muskegon. Under a contract with the Michigan Department of
Community Health, CMHS serves as a managed care organization for Medicaid and uninsured
residents of Muskegon County.
Through its own services and using a network of community behavioral health providers, CMHS
provides specialty services to adults with mental illness, children with severe emotional
disturbance, and adults/children with developmental disabilities to promote optimum functioning
and to maximize self sufficiency.
The agency has grown rapidly throughout the 35 years of its existence. The p1imary impetus is
state initiatives to transfer control and operation of services for the target population from state
facilities to community programs. Over the years the entire funding for services has been
transferred to community control under the CMHS. This has allowed the development of
community supported innovations in the care of people with mental health and developmental
disabilities.
• Past experience with delivering tlte sel'vices to be provided
The services described in "Section E, Supportive Service Plan", have been established through
years of development evaluation and quality improvement. Crucial to this development is the
3
I Judy Kell· 04Addll1Musk.doc Pa!Je 4 ,I
involvement of service consumers themselves in establishing goals, designing strategies,
reviewing outcomes, and planning change. Throughout this process, state and federal reviews
and audits have confirmed the excellence of services and the dedication of agency and staff.
In early years, CMHS focused on outpatient services. In subsequent years, as funding transferred
from the State, CMHS opened community skills building and vocational services. Later phases
added treatment and residential services necessary to enable people with severe mental illnesses
and developmental disabilities to exit state institutions. In 1995, CMHS assumed responsibility
for the entire continuum of mental health services with the transfer of state funding for
Community Psychiatric Inpatient Units. The most recent phase of development is to wrap the
entire package into a shared risk Managed Care Contract using a capitated lives formula. CMHS
now stands as the community's resource for services to people with severe mental illness or
developmental disability.
In 1997, CMHS was awarded full accreditation under JCAHO's standards for Behavioral Health
Organizations. This provides a national confirmation of the management, treatment and service
operations of the agency.
The agency supports consumers living in several existing ffiJD and MSHDA financed housing
projects. These include two apartment settings, Pioneer Arbor (16 units) and Whispering
Timbers (12 units), as well as a large number of scattered site Section 8 homes and apartments.
The agency delivers on-site assistance with home care and personal assistance, and other services
directed to community integration and employment.
• Sources offimdi11g dedicated to the services outlined ill this P/a11 (Same as E.2.c.)
CMHS brings considerable financial and management strength to this project. With an overall
annual budget of approximately $38 million, CMHS maintains approximately $7 million in cash
reserves held by the County of Muskegon and has approximately $2 million in 1isk reserve.
CMHS will use its Medicaid and Indigent funds to support the provision of the services outlined
in this plan. CMHS is a governmental agency created and regulated under the provisions of the
Michigan Mental Health Code. This status assures that the agency will remain an integral part of
the community and will continue to coordinate supportive services for special needs tenants for
years to come.
The agency has available Federal PATH funds and a State Grant for Homeless Services to help
homeless consumers transition to permanent housing. These grants fund initial utility deposits,
down-payments, and minor improvements necessary prior to moving in. Approximately $50,000
is budgeted annually for this program. These grants are enhanced by State General funds when
necessary which can bring a wide range of supports and services prior to occupation as we11 as
for permanent support of consumers requiring ongoing services.
In addition to these Housing Assistance funds, CMH provides other treatment and support
services to its consumers. The average annual cost of these services to a person with mental
illness served by CMHS is $4,268. Costs vary substantially among consumers in accordance with
service need. The typical consumer for this program would be enrolled in our Case Management
or Assertive Community Treatment programs. The average cost of services for individuals in
these programs is $9,548 and $34,162 respectively. We estimate that the dollars directed
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j Judy Kell : 04Ac!dll!Mu~k.doc. Page 5 :I
towards services for individuals in this program would be between $50,000 and $100,000.
• Specify the relationship of the supportive services plan to other current or pote11tial grants
(HUD, fou11datio11s, CDBG, etc.,.)
CMHS or its sub-contractors will provide the supportive services proposed. Mental Health and
Substance Abuse Block Grants are used for housing support, respite and for other minor services.
The agency has contractual relationships with other HUD, and MSHDA developers for
supportive services in existing developments entirely devoted to providing housing for CMHS
consumers. These contracts, with Pioneer Resources and Hope Network ensure that the existing
40 individuals live in a healthy environment, that they have support services necessary to
maintain their home in good condition, and that they foster and preserve healthy relationships
with other community members and neighbors.
In addition to the developments devoted solely to units reserved for CMHS consumers, the
agency supports a large number of people living in Section 8 housing in mixed population
developments (such as Hartford Terrace) and other independent living settings.
The Arbors at Jackson Hill development will be incorporated into this program. One FTE
Housing Assistance Manager is currently in place and capacity is adequate to accommodate the
Arbors development. This individual provides some services directly, but is chiefly responsible
to link, coordinate and monitor services from other CMHS programs as well as other community
resources, as detailed below.
E. Supportive Services Plan ("Plan")
Community Mental Health Services of Muskegon County offers an array of services to meet the
needs of individuals with mental illness and development disabilities - the target special needs
population. CMHS of Muskegon County will be the provider for the supportive housing for the
Arbors at Jackson Hill Apartments. Below please find a description of the support services that
will be provided to the tenants.
1. Descriptio11 of Special Needs Targeted
A. Describe "special need condition"
The special needs populations targeted for this project is as follows:
I. Individuals with a Development Disability.
For the purposes of this project, an individual with a Development Disability is defined as an
individual who is older than 5 years of age with a severe, chronic condition who meets all of the
following requirements:
a. Is attributable to a mental or physical impairment.
b. Is manifested before the individual is 22 years old.
c. Is likely to continue indefinitely.
d. Results in substantial functional limitations in three or more of the following areas of major
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[Ei_iy Kell: Q4AddlUMusk._dCJ~. Page 61
life activity:
1. Self-care
2. Receptive and expressive language
3. Leaming
4. Mobility
5. Self-direction
6. Capacity for independent living and
7. Economic self-sufficiency
e. Reflects the individual's need for a combination and sequence of special, interdisciplinary, or
generic care, treatment or other services that of lifelong or extended duration and are
individually planned and treated.
IL Individuals with a Mental Illness.
For the purposes of this project, mental illness means a diagnosable mental, behavioral, or
emotional disorder affecting an adult that exists or has existed within the past year for a
period of time sufficient to meet diagnostic criteria specified in the most recent diagnostic
and statistical manual of mental disorders published by the American Psychiatric Association
and approved by the Michigan Department of Community Health and that has resulted in
functional impairment that substantially interferes with or limits one (1) or more major life
activities. Serious mental illness includes dementia with delusions, dementia with depressed
mood, and dementia with behavioral disturbance but does not include any other dementia
unless the dementia occurs in conjunction with another diagnosable serious mental illness.
The following disorders also are included only if they occur in conjunction with another
diagnosable serious mental illness:
1. A substance abuse disorder;
2. A developmental disorder;
3. A 11 V" code in the diagnostic and statistical manual of mental disorder.
B. Special 11eed must be co11ti1111i11g or long term duration and substantially
impede the perso11 's ability to live i11depe11de11tly without supports a11d
be improved by access to more suitable housing co11ditio11s.
As indicated in the definitions of the special needs population, a tenant must meet the first
two criteria in order to meet the diagnosis. Therefore, long term duration and the inability to
live independently without supports is already addressed. The access to more suitable
housing conditions is addressed by the stated need in the Gaps Analysis of the Muskegon
Continuum of Care study in which the population that we are targeting is not served by
housing. This population continues to have significant problems related to finding medical
care, employment and other stabilizing factors in their environment without affordable
housing.
C. Substantial all(/ sustai11ed need for supportive services to live illdepe11de11tly.
The tenants that are selected for the project using the criteria for both developmental
disability and mental illness will require a substantial and sustained need for suppotiive
services in order to live independently. Community Mental Health Services of Muskegon
County will provide a series of services that will address the special needs of the individuals
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IJudy Kell - 04Addll1Mu~k.doc ·•· Page 7 /
to be served. These services may include: (a) case management; (b) development of
independent living and basic life skills; (c) benefits advocacy and income suppm1 assistance
such as SSI, Food Assistance. Social Security; (d) money management/payee services; (e)
nutritional counseling; and (f) assistance in obtaining other resources and support for the
Individuals such as child care, transportation,job training and job placement.
Case Management services (also known as supports coordination or independent
brokering) contains the following elements:
1. An assessment to be completed for each individual.
2. Planning, using person-centered principles. The plan will
include long range goals and specific outcomes to achieve the
goals.
3. Linking to, coordination with, follow up of, advocacy with, and
monitoring of other connnunity services/supports.
4. Brokering of providers of services/supports.
5. Assistance with access to entitlements, and/or legal representation
6. Monitoring of services.
7. Reassessment with possible revisions of the plan on at least an
annual basis.
8. A single case manager for each individual.
9. Emphasis on empowerment and development of naturaV
community supports.
J. Describe the proposed services iucludi11g:
a. Service activity, frequency and duration.
The supportive service needs of the tenant will be dictated by the Plan of Service that is
based on Person Centered Planning. At a minimum, each tenant will receive case
management services that provide an assessment of the needs of the tenant using the
principles of Person Centered Planning. The case manager will advocate for the needs of the
tenants. They will link the Special Needs Resident (tenant) to the services that they desire,
and all services to the Special Needs Resident will be voluntary. The case manager will
broker and coordinate the services with and for the tenant. After the Person Centered Plan is
completed, the CMH Access program will authorize the services. Service activity, frequency
and duration will therefore, be dictated by the Person Centered Plan and authorized by the
Access program.
b. How services will respond to the major life-skill need areas.
Life-skil1 assessments are a critical part of the Person Centered Planning process. Each
tenant's Person Centered Plan will include the need for affordable housing along with the life
skills that the tenant will require in order to live in the units. The case manager will
coordinate the services to the tenants. Please note in Section l.C. above we list the services
that we anticipate providing through our provider, Community Mental Health Services of
Muskegon County.
c. How sel'vices will befuudetl
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I Judy KeH - 04Addll1Mu~k.doc ·Page aI
Community Mental Health Services brings considerable financial and management strength
to this project. With an overall annual budget of approximately $38 million, CMH maintains
approximately $7 million in cash reserves held by the County of Muskegon and has
approximately $2 million in risk reserve.
Community Mental Health of Muskegon County will use its Medicaid and Indigent funds to
support the provision of the services outlined in this plan. Community Mental Health
Services of Muskegon County is a governmental agency created and regulated under the
provisions of the Michigan Mental Health Code. This status assures that the agency will
remain an integral part of the community and will continue to coordinate supportive services
for special needs tenants in future years.
In addition, Community Mental Health Services of Muskegon County has available Federal
PATH funds and a State Grant for Homeless Services to help homeless mentally ill
consumers transition to pennanent housing. The grants fund initial utility deposits, down
payments, and minor improvements needed prior to residency. Approximately $50,000 is
budgeted annually for this program. These grants are enhanced by State General funds when
necessary, which can bring a wide range of supports and services prior to occupation as well
as for permanent support of consumers requiring ongoing services.
In addition to the Housing Assistance Funds, Community Mental Health Services of
Muskegon County provides other treatment and support services to its consumers. The
average annual cost of these services to a person with mental illness served by CMH is
$4,268. Costs vary substantially among consumers in accordance with service need. The
typical consumer for this program would be enrolled in our Case Management or Assertive
Community Treatment programs. The average cost of services for an individual's program
ranges from $9,458 and $34,161 respectively. We estimate that the dollars directed towards
services for individuals in this program would be between $50,000 and $100,000.
d. Service Locatio11
Again, service location will be dependent upon the Person Centered Plan of the tenant. In
addition, the sponsor is providing space in the clubhouse facility for the use of provider.
Therefore, the options for location of service provision would be as follows: clubhouse
facility, tenant's apartment, provider sites for services, employment site, and recreational site
or family or friends' homes.
e. Tra11sportation a11d other related needs
The Person Centered Plan will indicate the transportation and other related needs of the
tenant. The case manager/supports coordinator will link the tenant with appropriate
transportation and other related needs.
2. Service Coordination and Referrals
Community Mental Health Services of Muskegon County has a long history in providing
support services to consumers living in affordable housing and therefore, a strong
commitment to supportive housing. Currently, CMHS of Muskegon County is providing
support services in HUD and MSHDA financed developments, including Pioneer House,
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[&_c!y Kall - 04Addll1Mu_sk.d_o.c. Page 9 I
Pioneer Arbor, Whispering Timbers and Hartford Terrace (for those consumers using
Section 8 vouchers). CMHS of Muskegon County therefore has extensive experience in
working with project developers and management to ensure that support services are
provided to tenants so they can live independently. The Arbors development will be
incorporated into the existing supportive services program serving the above referenced
sites. A Housing Specialist is currently in place and capacity is adequate to accommodate
the Arbors development. This Housing Specialist will provide some services directly, but is
chiefly responsible to secure housing and obtain long term service through Person Centered
Planning and the assignment of a Case Manager. The Case Manager will link, coordinate
and monitor services from other CMHS of Muskegon County programs as well as other
connnunity resources.
All services delivered in community settings, such as the Arbor apartments are voluntary
and the process for planning services ensures that they are designed for the consumer/tenant
and specifically tailored to his/her wants and desires.
Once assigned, Case Management is the primary service to tenants of the Arbor
development. Community Mental Health Services of Muskegon County delivers this service
directly through its own staff. Services include development of the person-centered plan,
obtaining consumer entitlements, requesting other supportive services from the CMH
service array, and identifying and linking the consumer with other community resources as
identified in the person centered planning process.
In addition to the primary service, the service array may also include the following as
required by the Medicaid State Plan and our contract with the Michigan Department of
Community Health.
1. For all populations:
a. Crisis Stabilization and Response
b. Emergency Services
c. Prevention Services
d. Psychiatric Inpatient
2. For People with Developmental Disabilities:
a. Community Living (In-Home and Out-of-Home Support Staff,
Adaptive Equipment, Environmental Modifications
b. Housing Assistance
c. Skill Building Assistance (Integrated Employment, Day
Programs)
d. Family Support Services (Respite Care, Family Skills
Development)
e. Enhanced Health Care
f. Assistance with Challenging Behaviors
3. For Adults with Mental Illness and Children with Severe Emotional
Disturbance
a. Outpatient Hospital Services
b. Housing Services (Specialized Residential, Supported
Independent Housing, C1isis Residential)
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I Judy Kell - 04Addll1Musk.doc. Page 10 I
c. Intensive Community Support Services (Assertive Community
Treatment, Home Based Services)
d. Targeted Support Services (Skill Building Assistance, Integrated
Employment Services, Family Skills Development, Respite
Care, Housing Assistance)
e. Intensive Rehabilitation and Recovery Services (Day Programs,
Clubhouse Programs, Peer-Delivered or Operated Services)
f. Mental Health Clinic Services (Screening, Assessment,
Diagnosis, Evaluation, and Treatment Planning; Medication
Assessment Prescription, Administration, Review and
Management; Psychiatric Evaluation; Psychological Testing;
Individual Group and Family Therapy; Applied Behavioral
Services; Nursing Home Mental Health Monitoring; Health
Assessment, Health Services and Enhanced Health Services;
Physical, Occupational and Speech, Language and Hearing
Evaluation and Therapy)
The Case Manager is responsible to identify additional community resources that are needed
to support the individual in achieving their desired outcomes. These can include
transportation; child care; legal services; pastoral services; medical and dental care;
substance abuse services; domestic violence services; public health services, and ongoing
support groups for parents, children, and families. Services can be delivered in the
consumer's home, in community settings, and at CMH offices as specified by the consumer.
The Case Manager is also responsible for monitoring and adjusting, as necessary or as
requested, the person centered plan. Finally, each SM must ensure the availability of 24-hour
emergency coverage for each consumer served.
As soon as the Owner receives a tax credit reservation, CMHS of Muskegon County will
inform the provider network of the availability of eleven units for families with a family
member who has a mental illness or developmental disability, including eligibility criteria
and the process for referral. Referrals may come from any provider in our network or any
agency in the community that has identified a potential special needs tenant that meets
eligibility requirements.
CMHS of Muskegon County is the coordinator of services for individuals with mental illness
or developmental disabilities and is the clearinghouse for services to these individuals. This
means that CMHS of Muskegon County has access to all persons who qualify to the 11 units
set aside in this project. However, CMHS of Muskegon County will work with the
Muskegon County Continuum of Care Network (MCCCN) and the Muskegon Family
Coordinating Council (FCC) to advertise the availability if the units and generate additional
applications. These groups involve most of the human service agencies in the county and act
as a clearinghouse for numerous community projects and developments.
The CMHS of Muskegon County will work with the consumer/family to clarify the potential
tenant's needs and desires. Next the CMHS of Muskegon County Access Program will
confitm eligibility for support services and prioritize need, making the decision regarding
services to take place at the designated apartments. Prioritization will be based on the
following factors: level of care detennination, availability of natural supp011s, consumer's
desire to live independently, health and safety issues, and history of treatment compliance.
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j Judy Kell -04AddUIMusk.(klC: Page 11.
Following screening and planning for Prospective Special Needs Residents CMHS of
Muskegon County will complete a "Special Needs Resident Certification Form"
("Certification") and forward to Property Management for their files. This Certification will
ensure that the Special Needs Resident will have service needs in at least two (2) life skills
areas. Please see a copy of said Certification attached as Exhibit A. A procedure for
completing the Certification form ("Procedures for Referring Special Needs Residents") is
attached as Exhibit B.
Once eligible tenants have been identified, CMHS of Muskegon County will notify persons
selected for the project. We anticipate that many applicants will already be receiving services
in other settings. The Case Manager will coordinate planning for delivery of services in the
new setting and secure assistance necessary for the move. The Housing Specialist will
maintain contact for 30 to 90 days as the individual settles. After this period the consumer's
assigned pennanent Case Manager will maintain contact as required (usually several times
per month) to ensure that the setting is stable and that treatment, employment and other
services meet the individuals needs.
The Case Manager will help the tenant resolve disputes with the Owner and its
representatives or with neighbors and others who may destabilize the setting. In addition to
staff resources, CMHS of Muskegon County has a contract with Westshore Dispute
Resolution Center for mediation services that will be made available as necessary. The
tenant will also have access to the CMHS of Muskegon County Recipient Rights process and
to a Local Grievance Process coordinated by CMHS of Muskegon County staff.
Ongoing contact with the SM will help ensure that interventions are in place well before
eviction becomes a consideration. Access to the CMHS of Muskegon County Housing
Assistance fund as well as treatment, support and other services will help bring stability to
the project and to the residents.
4. Describe Te11a11t Landlord Relations
Sterling Management Ltd. Inc ("Management") has a long history of successful management
of affordable rental housing and successful management of housing where special needs
residents reside. Management will be primatily responsible for:
• Monitoring occupancy of Special Needs set-aside units
• Processing Special Needs Certifications from the Service Provider
• Processing Special Needs Resident rental applications for approval at the Management
corporate office level
• Serving as liaison, as necessary, between the Service Provider and the Owner
• Resolving disputes, as necessary, between Special Needs Residents, the Owner and/or
Service Provider through organized meetings and/or phone conferencing
• Communicating issues involving Special Needs Residents in a timely matter to Service
Provider (especially issues that need immediate attention)
Prospective Special Needs Residents will be screened first by the Service Provider prior to
referring to Management. A "Special Needs Resident Certification Form" ("Cetiification")
will be completed by the Service Provider and forwarded to Management for their files.
Please see a copy of said Certification attached as Exhibit A. A procedure for completing the
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/ Judy K0II - 04Addll1Musk.doc Page 1_2 :/
Certification fonn ("Procedures for Referring Special Needs Residents") is attached as
Exhibit B.
Once Management has received said Certification from Service Provider, then Management
will work with Service Provider (as needed) to complete the necessary paperwork for the
processing of Management's selection criteria (application, income verification, etc.,).
Service Provider will cooperate with Management to provide the necessary materials (other
than those deemed to be confidential by Service Provider) to complete Management's
paperwork. Once all of the paperwork has been completed, Management will notify the
Service Provider of the approval or denial of said Special Needs Resident for occupancy at
Arbors at Jackson Hill.
Management will cause to accommodate the needs of a particular Special Needs Resident to
the best of its capacity. However, Management understands that there are needs of each
Special Need Resident that only the Service Provider can meet, and it will be the goal of
Management to train their staff to understand this fact. Management and Service Provider
will fonnally meet periodically throughout the year to discuss all of the above listed
Management processes, and will maintain an "open mind" regarding the improvement of
procedures so as to facilitate a positive working relationship with Service Provider.
The Owner, Management, and Service Provider agree that a strong working relationship must
exist between the Management and the Service Provider. Should issues occur that could lead
to the eviction of a Special Needs Resident occupying a set-aside unit, all parties agree to
discuss and mediate the situation in an effort to resolve the situation prior to the eviction of
any Special Needs Resident.
In the event of a default situation by a Special Needs Resident, the Management will send by
mail, the standard Michigan 7-day Notice To Quit to the respective Special Needs Resident,
and copies will simultaneously be sent to the Service Provider, However, prior to
Management sending out any respective notice, Management will attempt to contact by
phone the Service Provider to let them know of the default situation. The goal of
Management is to provide adequate communication with the Service Provider allowing the
opportunity to resolve disputes, misunderstandings, and default situations in a timely manner.
F. Memorandum of Understanding
(Please see attached MOU)
G. Summary of How the Project is Grounded in Community-Based Planning and
Collaboration
The Muskegon County Continuum of Care Network (MCCCN) for 2002-2003 focuses on a
variety of special needs populations, particularly homeless families and individuals.
According to Andrea Cordle, Chair of the MCCCN, states that " ... over 20,000 people in
Muskegon County are at 1isk of entering into the realm of homelessness. The community
recognizes that well-documented factors that conttibute to homelessness, namely mental
illness, substance abuse, domestic violence, poor living conditions, disability, education and
economic opportunity." Tims, realizing that mental illness and disability are common factors
leading to homelessness, any effort to provide permanent housing for clients serviced by
CMHS will assist in meeting the goals of the 2002-2003 MCCCN. The MCCCN confirms
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I Judy KJII - 04AddUIMusk.doc: Page 13 I
that "Finally, to assure home permanency, MCCCN members will define a long-term plan for
permanent housing by striving to provide affordable housing units by administering adequate
Section 8 vouchers, providing a referral network coordinating both private and public
housing authority apartments, scattered site rental homes and home-o'wnership activities."
The Arbors at Jackson Hill Apartments will provide a convenient, affordable, quality
residence for those individuals serviced by CMHS.
Finally, the 2003 Continuum of Care Gaps Analysis reveals that "Individuals" and "Persons
in Families with Children", under the category of "Seriously Mentally Ill", reveals a gap of at
least 20 housing units for these people. Again, The Arbors at Jackson Hill Apartments will
provide a convenient, affordable, quality residence for those individuals.
H. Other Information
The Owner and Management will encourage and promote the use of the meeting areas within
the project's 3,421 square-foot clubhouse. The Owner will not charge any rent or utilities for
the use of this space. The Owner will provide tables and chairs and a grease board at no cost
to the Service Provider for the use of the clubhouse as a meeting room. This will allow
educational meetings and other recreational programs to be made available to the Special
Needs Resident at the discretion of the Service Provider.
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