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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 27, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS: Michigan Section America Water Works Association:
Regional Taste off Winner
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. FIRST READING: Rezoning Request for Properties Located at 692 and
706 W. Hackley. PLANNING & ECONOMIC DEVELOPMENT
C. Selection of Siding Contractors for Fiscal Year 2004 - 2005.
COMMUNITY & NEIGHBORHOOD SERVICES
D. Selection of Siding Supplier for Fiscal Year 2004 - 2005. COMMUNITY &
NEIGHBORHOOD SERVICES
o PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Walnut Street, Wilcox to
Thompson. EGINEERING
B. Spreading of the Special Assessment Roll for Sherman Blvd., Lincoln to
Beach. ENGINEERING
C. Spreading of the Special Assessment Roll for Torrent Street. Sherman to
Letart. ENGINEERING
D. Spreading of the Special Assessment Roll for Austin. Barney to Delano.
ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Amendment to Brownfield Plan - Art Works Apartments. PLANNING &
ECONOMIC DEVELOPMENT
□ NEW BUSINESS:
A. Steps to Reduce Outstanding Accounts Receivable. FINANCE
B. Designation of Voting Delegate and Alternate Voting Delegate for MML
Annual Meeting. CITY CLERK
C. FIRST READING: Zoning Ordinance Amendment for Alcohol Sales.
PLANNING & ECONOMIC DEVELOPMENT
D. Rezoning Request for Property Located at 407 Marquette Avenue (SE
corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
DEVELOPMENT
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
·► Step forward to the microphone.
► State name and address.
► limit of 3 minutes to address the Commission.
► {Speaker representing a group may be allowed l O 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: July 27, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, July 12, 2004; and the Regular
Commission Meeting that was held on Tuesday, July 13, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 27, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 27, 2004.
Mayor Warmington opened the meeting with a prayer from City Treasurer
Derrick Smith after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2004-65 HONORS AND AWARDS: Michigan Section America Water Works
Association: Regional Taste off Winner
2004-66 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, July 12, 2004; and the Regular Commission Meeting
that was held on Tuesday, July 13, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. FIRST READING: Rezoning Request for Properties Located at 692 and
706 W. Hackley. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 692 and 706 W.
Hackley, from R-1, Single Family Residential to either B-2, Convenience and
Comparison Business or B-4 General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request to rezone the
properties to B-2, Convenience and Comparison Business at the 7/15 meeting.
The vote was unanimous with S. Warmington and J Aslakson absent.
C. Selection of Siding Contractors for Fiscal Year 2004 - 2005.
COMMUNITY & NEIGHBORHOOD SERVICE
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Lewis E. Johnson, 16076 Bonita Ct, Grand Haven, Cutting
Edge Construction, 975 Washington, Muskegon and Gawlik Construction, 2084
Mary, Muskegon to install vinyl siding at an agreed price of $70.00 (Seventy
dollars) per building square for the siding program, 2004 - 2005 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2004-2005 CDBG Siding
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Consent Agenda with the exception of item d.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-67 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Selection of Siding Supplier for Fiscal Year 2004 - 2005. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
Department selection of the vinyl siding supplier for fiscal year 2004 - 2005. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey, Muskegon for the price of $38.94 (Thirty-eight
dollars and ninety-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 Siding Fund.
BUDGET ACTION REQUIRED: None required at this time.
STAFF RECOMMENDATION: To approve the request
Motion by Commissioner Spataro, second by Commissioner Carter to approve
Premier Building Supplies as the supplier for vinyl siding for fiscal year 2004 -
2005.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
2004-68 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Walnut Street. Wilcox to
Thompson. EGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Walnut St., Wilcox to Thompson, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $12,641.10 would be spread against the thirteen
(13) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:39 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:40 p.m. and approve the special assessment roll for Walnut
Street, Wilcox to Thompson, and adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Sherman Blvd .• Lincoln to
Beach. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Sherman Blvd., Lincoln to Beach and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $38, 155.33 would be spread against the eighteen
( 18) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. Comments were heard from Ann Harker, 2432 Sherman; Dottie
Kamp, 2494 W. Sherman; and a letter was received from Melvin Omstott, 2442
Sherman.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:47 p.m. and approve the special assessment roll for Sherman
Blvd., Lincoln to Beach and adopt the resolution.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Torrent Street. Sherman to
Letart. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Torrent St., Letart Ave. To Sherman Blvd, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $11,572.54 would be spread against the four (4)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:49 p.m. and approve the special assessment roll for Torrent
Street, Sherman to Letart and adopt the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
D. Spreading of the Special Assessment Roll for Austin. Barney to Delano.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Austin, Barney to Delano, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $54,002.10 would be spread against the forty-
seven (47) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. Comments were heard from Dan Mangione, representative
from Westwood LLC, at 217 4 Austin.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:53 and approve the special assessment roll for Austin, Barney
to Delano and adopt the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
2004-69 UNFINISHED BUSINESS:
A. Amendment to Brownfield Plan - Art Works Apartments. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a Public Hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Boiler Works, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
an Art Works space (with residential and gallery space) will add to the tax base
of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the Public
Hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a
notice of the Public Hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to amend the
Brownfield Plan to include the property owned by Boiler Works, LLC.
ROLL VOTE: Ayes: Warmington, Carter, Larson, Shepherd
Nays: Davis, Gawron, Spataro
MOTION PASSES
2004-70 NEW BUSINESS:
A. Steps to Reduce Outstanding Accounts Receivable. FINANCE
SUMMARY OF REQUEST: Staff is proposing several steps to deal with unpaid
account receivable balances including: l) an amnesty program to run from July
28th through September 17th during which time persons having delinquent
accounts will have a one-time opportunity to bring them current without penalty
or interest, 2) outsource billing for the environmental program to Paramount
Collections, 3) set a standard 30-day A/R appeal period and, 4) amend the fee
schedule for newly issued environmental invoices and building demolition
invoices to allow a 30% discount if paid within 30 days.
FINANCIAL IMPACT: These steps are intended to bring down outstanding A/R
balances prior to year-end. Tighter accounting standards allow us to recognize
only a portion of our total A/R balance at year-end. This will negatively impact
the general fund fund balance and we are attempting to minimize the effect.
BUDGET ACTION REQUIRED: None at this time. Depending on the success of
these steps, the budget at year-end will need to be adjusted to some degree
due to the tighter standards.
STAFF RECOMMENDATION: Staff recommends the commission adopt a
motion/resolution approving the above A/R initiatives.
COMMITTEE RECOMMENDATION: There is no committee recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
accounts receivable initiatives.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
B. Designation of Voting Delegate and Alternate Voting Delegate for MML
Annual Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Carter to designate
Commissioner Shepherd as the voting delegate and City Clerk Gail Kundinger
as the alternate for the MML Annual Meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
C. FIRST READING: Zoning Ordinance Amendment for Alcohol Sales.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 401 of Article IV (R-1, Single
Family Residential); Section 601 of Article VI (RT, Two Family Residential); Section
701 of Article VII (RM-1, Low Density Multiple-Family Residential); Section 801 of
Article VIII (RM-2, Medium Density Multiple-Family Residential); Section 901 of
Article IX (RM-3, High Density Multiple-Family Residential} to amend the Special
Land Use language in regards to permit uses serving and selling alcohol.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding alcohol sales.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/15 meeting. T. Harryman, B. Mazade, P.
Sartorius, T. Johnson, T._ Michalski, and L. Spataro voted in favor of the change.
B. Smith voted against. S. Warmington and J. Aslakson were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to amend the
zoning ordinance language regarding alcohol sales.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: Shepherd
MOTION PASSES- REQUIRES SECOND READING
D. Rezoning Request for Property Located at 407 Marquette Avenue (SE
corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 407 Marquette
Ave., at the SE corner of Marquette Ave. and Wood St., from R-1, Single-Family
Residential to B-1 Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 6/10 meeting. Commissioners S. Warmington and B. Smith voted
against denial. Commissioner B. Mazade was absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with staff recommendation to deny the request to rezone property located at
407 Marquette.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron
Nays: Larson
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Larson to waive the
fee for the Public Hearing for special use permit for 407 Marquette.
ROLL VOTE: Ayes: Spataro Warmington, Carter, Davis, Gawron, Larson
Nays: Shepherd
MOTION PASSES
2004-71 ANY OTHER BUSINESS:
Motion by Commissioner Carter, second by Vice Mayor Larson to approve $285
coming out of Mayor Warmington's travel to pay Commissioner Shepherd's MML
registration.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: July 27, 2004
Date: July 20, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning request for properties located at 692 and 706 W.
Hackley.
SUMMARY OF REQUEST:
Request to rezone properties located at 692 and 706 W. Hackley, from R-1, Single
Family Residential to either B-2, Convenience and Comparison Business or B-4,
General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request to rezone the
properties to B-2, Convenience and Comparison Business at their 7/15 meeting. The
vote was unanimous with S. Warmington and J. Aslakson absent
7/20/2004
•
City of Muskegon
Planning Commission w❖,
Case# 2004-26
LJ 1'.i
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~!-1
~
Ill
\
= SubjectPrcper~r(ies)
1-1
Q = Notice Are.a
R-1 = Single-Family Residential
B-4
RM-2 = Medium Density Multiple-Family Residential
8-4 = General Business
1-1 = Light I ndustria I
,.. ,-1
1-1
B-4
B-4
01 I" B-4 II
I
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B-4 1-1 I-
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1-1
500 0 500 1000 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 15, 2004
Hearing; Case 2004-26: Request to rezone the properties located at 692 W. Hacldey Ave and 706 W.
Hacldey Ave. from R-1, Single Family Residential to either B-2, Convenience and Comparison
Business or B-4, General Business, by Doug Glomb
BACKGROUND
Applicant: Doug Glomb
Address/Location of Subject Property: 692 & 706 W. Hackley
CuITent Use: Two residential houses
Current Zoning: R-1, Single Family Residential
Proposed Zoning: B-2, Convenience and Compmison Business or B-4, General Business
STAFF OBSERVATIONS
I. The subject properties are located on Hackley Ave between Beidler St and Business - 31. CuITently
there are two residential homes on the prope1ties. The property is located directly east of the Crown
and Bridge Laboratory (dentist). To the South are residential uses and a muffler shop. Residential
uses are on all other sides.
2. The proposed use of this prope1ty is for a new Chalet House of Flowers. They are currently located
in the city at 2100 Herny Street. The owners are looking to expand the business.
3. The requirements for frontage and size are the same for B-2 as well as for 8-4 zoning Districts. The
minimum lot size is I 0,980 squm·e feet with 100 feet of frontage. 706 Hackley has 12,920 sqft and
692 Hackley has 6,460 sqft. Together they total to just under 20,000 sqft which is more than
adequate for these zoning districts.
4. Staff has offered up two zoning distiicts for discussion because of the nature of the area. The street is
busy, being a direct entrance from Business - 31. There are other B-4 Zoning classifications in the
near vicinity (the closest one is across Hackley). Staff is including the preambles for both districts
below:
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and community
shopping needs of residents in the Muskegon Area, and they are intended to be located in planned groups
near the intersection of major thoroughfares. All business establishments shall be retail or service
establishments dealing directly with consumers, and all goods produced on the premises shall be sold at
retail on the premises where produced. All business, servicing or processing, except off-street parking or
loading, shall be conducted within a completely enclosed building, unless othe1wise provided by this
Ordinance and specifically approved by the City.
City of Muskegon Planning Commission- 7/15/04-
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3
Business Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic
and pedestrian movement since the General Business District is characterized by a minimum of pedeshian
flow. The B-4 General Business Dishicts have been located in areas designated on the adopted Land Use
Plan.
5. The B-4 district does allow the same uses as in a B-2 district. A big difference between the B-2 and
the B-4 classification is that the B-4 allows some automotive services as principal uses. The B-4
dish-ict allows more intense uses than the B-2 district.
6. The Future Land-Use Map shows the subject property as Rl and RT residential. The map also
shows across seaway and to the south of the property as commercial. The map shows what is
currently residential is slated for the future as residential.
7. The subject property is located in Sub-Area 6: Barclay Street Sub-Area:
♦ It is the goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to
demonstrate how varying land uses may co-exist, as well as compliment each other.
♦ The area lying between Henry Sh·eet and Seaway Drive is slowly becoming a solid core area of
commercial development. While some residential and industrial uses do exist, it is anticipated
they will ultimately be replaced by commercial facilities.
♦ Sub-Area issue: There is a lack of buffering between commercial and residential development.
♦ Sub-Area issue: Due to its location, the City may experience a demand for the expansion of
commercial development between Herny Street and Seaway Drive. This would necessitate the
removal of homes (located in the area between Hackley and Young Streets). The City has
invested considerable funds in this area for purposes of maintaining its residential character.
♦ Master Plan Recommendation: Implement, through zoning, controls to ensure adequate buffers
between commercial and residential development.
♦ Master Plan Recommendation: Complete the full commercial development of that area lying
between Henry Street, Laketon Avenue, Seaway Drive, and Shennan Boulevard.
8. Staff has received the following public comments:
♦ Mr. Derouin of 696 Hancock left a phone message saying : As far as he is concerned go ahead
and do it.
♦ Betty Sifuentes of 2231 Poliski called in on 7/9 to say she has lived here all her life and is
concerned about the junk and noise. She does not want to have to move. She does not want more
noise. She says her sister lives next door and does not want it either.
PHOTOS
City of Muskegon Planning Commission~ 7/15/04
City of Muskcgon Planning Commission - 7/15/04
RECOMMENDATION
The future land use map shows these properties as residential, however the Master plan calls for the
development of this area as commercial. Either of these Zoning classifications would work for the proposed
business. The area already has B-4 in the vicinity. Staff is comfmtable with either zoning classification
although the B-2 would be of a lower intensity and may se1ve to buffer the residential units behind the
property from traffic and higher intensity uses. While the proposed zoning does not agree with Future Land
Use Map, this proposed zoning may be a positive for the area.
DELIBERATION
C1iteria-based questions typically asked duling a rezoning include:
I . \Vhat, if any, identifiable conditions related to the petition have changed which justify the petitioned
change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the approval
or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public services and
facilities and/or programs that might reasonably be required in the future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
suffounding prope1ty.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the
City.
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on swface or subswface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife
areas.
Excerpt from draft of Minutes from July 15, 2004 Planning Commission Meeting
Heaiing: Case 2004-26: Request to rezone the properties located at 69_2 W. Hackley Ave and 706 W. Hackley Ave. from R-1.
Single Family Residential to either B-2, Convenience and ConJl)_flrison Business or B-4, General Business, by Doug Glomb. B.
Lazor presented the staff report. The subject properties are located on Hackley Ave between Beidler St and Business - 31.
Cun-ently there are two residential homes on the properties. The property is located directly east of the Crown and Bridge
Laboratory (dentist). To the South are residential uses and a muffler shop. Residential uses are on all other sides. The proposed use
of this property is for a new Chalet House of Flowers. They are currently located in the city at 2100 Herny Street. The owners are
looking to expand the business. The requirements for frontage and size are the same for B-2 as well as for B-4 zoning Districts.
The minimum lot size is 10,980 square feet with 100 feet of frontage. 706 Hackley has 12,920 sq. ft. and 692 Hackley has 6,460 sq.
ft. Together they total to just under 20,000 sq. ft. which is more than adequate for these zoning districts. Staff has offered up two
zoning distiicts for discussion because of the nature of the area. The street is busy, being a direct entrance from Business - 31.
There are other B-4 Zoning classifications in the near vicinity (the closest one is across Hackley). TI1e commission members were
provided with the preambles for both zoning districts. The B-4 district does allow the same uses as in a B-2 district. A big
difference between the B-2 and the B-4 classification is that the B-4 allows some automotive services as principal uses. The B-4
district allows more intense uses than the B-2 district. The Future Land-Use Map shows the subject property as Rl and RT
City of Muskegon Planning Commission-7/15/04
residential. The map also shows across Seaway and to I.he south of the property as commercial. The map shows what is cun-ently
residential is slated for the future as residential. The subject property is located in Sub-Area 6: Barclay Street Sub-Area: a) It is the
goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to demonstrate how vmying land uses may co-exist, as
well as compliment each other. b) The area lying between Herny Street and Seaway Drive is slowly becoming a solid core area of
commercial development. While some residential and industrial uses do exist, it is anticipated they will ultimately be replaced by
commercial facilities. c) Sub-Area issue: There is a lack of buffering between c01mnercial and residential development. d) Sub-
Arca issue: Due to its location, the City may experience a demand for the expansion of commercial development bet\veen Herny
Street and Seaway Drive. This would necessitate the removal of homes (located in the area between Hackley and Young Streets).
The City has invested considerable funds in this area for purposes of maintaining its residential character. e) Master Plan
Recommendation: Implement, through zoning, controls to ensure adequate buffers between commercial and residential
development. f) Master Plan Rec01mnendation: Complete the full commercial development of that area lying between Henry
Street, Laketon Avenue, Seaway Drive, and Sherman Boulevard. Staff has received the following public comments: I) Mr.
Derouin of 696 Hancock left a phone message saying : As far as he is concerned go ahead and do it. 2) Betty Sifuentes of 2231
Poliski called in on 7/9 to say she has lived here all her life and is concerned about the junk and noise. She does not want to have to
move. She does not want more noise. She says her sister lives next door and does not want it either. C. Judes of 2229 Poliski called
and is okay with a flower shop going in there, but opposes more noise. The future land use map shows these properties as
residential, however the Master plan calls for the development of this area as commercial. Either of these Zoning classifications
would work for the proposed business. The area already has B-4 in the vicinity. Staff is comfortable with either zoning
classification although the B-2 would be of a lower intensity and may se1ve to buffer the residential units behind the property from
traffic and higher intensity uses. While the proposed zoning does not agree with Future Land Use Map, this proposed zoning may
be a positive for the area
B. Smithanived at4:09 p.m.
L. Spataro stated tl1at it is good to see local businesses expanding. He asked the applicant if they had looked at other properties that
have tl1e con-eel zoning already. D. Glomb stated tlrnt they liked the location. L. Spataro asked if the homes would be moved or
demolished. D. Glomb stated that they wouldn't be able to be moved due to the age of the homes. They will both be demolished
and they will build a 2500 sq. ft. building on the site. L. Spataro asked about sheltering tl1e business from tl1e neighboring
residential properties. D. Glomb stated that they would work with the Planning Commission and do whatever is needed.
A motion to close the public hearing was made by L. Spataro, supported by T. Harryman and unanin10usly approved.
T. Johnson stated that this would be a good transitional area. It is hard to imagine new housing going there. He would be okay with
a B-2 zoning district recommendation) but felt that B-4 would be too intense for the area. T. Hanyman agreed. T. Johnson asked if
there were any limitations to building size in the B-2 zoning district. B. Lazor stated that under a B-1 zoning district, there are
limitations, but not under a B-2. L. Spataro stated that he has some concerns with this, but felt if it were rezoned there should be
appropriate screening to the residential neighborhood. He could support a B-2 zoning. T. Johnson suggested having the site plan
go before the Planning Commission due to the fact the commission members had some concerns with screening, L. Spataro stated
that he would agree, but since the Planning Department is low on staff, he would be willing to allow the administration to view it
because the applicant and staff has heard the concerns of the Planning Commission. B. Mazade agreed. He felt that screening is
critical and that staff could review the site plan. T. Michalski felt that staff could approve tl1e site plan.
A motion that the request to rezone properties at 692 and 706 W. Hackley, from R-1, Single Family Residential to B-2,
Convenience and Comparison Business should be recommended for approval to the City Commission pursuant to the City of
Muskegon Zoning Ordinance, and the dete1mination of compliance with the intent of the City Master Land Use Plan and zoning
district intent, was made by B. Mazade, supported by T. Johnson and unanimously approved.
City of Muskegon Planning Commission- 7/15/04
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2137
An ordinance to amend the zoning map of the City to provide for a zone change for certain properties
from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described prope1ties from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business":
CITY OF MUSKEGON RIEGLERS SUB LOT 5
CITY OF MUSKEGON RIEGLERS SUB LOTS 3 & 4
This ordinance adopted:
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nayes: None
Adoption .Date: July 27, 2004
Effective Date: August 12, 2004
First Reading: July 27, 2004
Second Reading: __N
_:/_A
_ _ _ __ __ _ __
CERTIFICATE (Rezoningof692 and 706 W. Hackley R-1 to B-2)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
th
City Commission of the City of Muskegon, at a re!,rular meeting of the City Commission on the 27 day of
July, 2004, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further ce1tify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby. . /
DATED: July 27 , 2004. ~ D. ~;;..__,
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 27, 2004, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following properties
from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business":
CITY OF MUSKEGON RIEGLERS SUB LOT 5
CITY OF MUSKEGON RIEGLERS SUB LOTS 3 & 4
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published df,y £/S j ,..,2 , 2004 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: July 27, 2004
Date: July 21, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Contractors for fiscal year
2004-2005
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign contracts with Lewis E. Johnson, 16076 Bonita Ct,
Grand Haven, Cutting Edge Construction, 975 Washington, Muskegon
and Gawlik Construction, 2084 Mary, Muskegon to install vinyl siding at
an agreed price of $70.00 (Seventy dollars) per building square for the
siding program, 2004 - 2005 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2004 - 2005
CDBG Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: None
2004-2005 Vin~I Siding Installer Bid Results
Installers
1V1easure l:>aWIIK
Material men! Wasco Hollis Cutting Edge Lewis Johnson Constructions
Siding sa. 40 0.45 65 70 70
Fascia ft. 1.6 0.9 1 1 1
Soffit ft. 1.6 1.1 1 1 1
DoorWrap ea. 25 24 25 25 30
WindowWrap ea. 20 24 25 25 30
Wood ft. 22 1 1 1 1
TreatedWaod ft. 22 1.5 1 1 1
FanFold sq. 5 0.25 10 8 10
Tyvek sq. 5 0.25 10 8 10
TyvekCap ft. 5.2 1.5 0.5 1 0.5
Total $147.40 $ 54.95 $ 139.50 $ 141.00 $ 154.50
Cost Estimate For A Story and 1/2 Home
Cuttin Edae Construction John Gawlik Construction
Material Measurements Cost Material Measurements Cost
Siding 18.75 sa 1218.75 Sidina 18.75 sq 1312.5
Fascia 205 ft 205 Fascia 205 ft 205
Soffit 205 ft 205 Soffit 205 ft 205
DoorWrao 2 50 DoorWrap 2 60
WindowWrap 20 500 WindowWrap 20 600
Wood 385 ft 385 Wood 385 ft 385
TreatedWood 51 ft 51 TreatedWood 51 ft 51
FanFold 18.75 sa 187.5 FanFold 18.75 sq 187.5
Tyvek 18.75 sq 187.5 Tvvek 18.75 sa 187.5
TyvekCao 150 ft 75 TvvekCao 150 ft 75
Total $3,064.75 Total $ 3,268.50
Lewis E. Johnson Wasco Construction
Material Measurements Cost Material Measurements Cost
Sidina 18.75 sa 1312.5 Sidina 18.75 sq 750
Fascia 205 ft 205 Fascia 205 ft 26.5
Soffit 205 ft 205 Soffit 205 ft 26.5
DoorWrao 2 50 DoorWrap 2 50
WindowWrap 20 500 WindowWrao 20 400
Wood 385 ft 385 Wood 385 ft 8470
TreatedWood 51 ft 51 TreatedWood 51 ft 1122
FanFold 18.75 sq 150 FanFold 18.75 sa 93.75
Tvvek 18.75 sq 150 Tvvek 18.75 sq 93.75
TvvekCao 150 ft 150 TwekCap 150 ft 780
Total $3,158.50 Total $11,812.50
Hollis Construction
Material Measurements Cost
Sidina 18.75 sa 8.43
Fascia 205 ft 184.5
Soffit 205 ft 225.5
DoorWrap 2 48
WindowWrao 20 480
Wood 385 ft 385
TreatedWood 51 ft 76.5
FanFold 18.75 sq 4.62
Tyvek 18.75 sq 4.62
TvvekCao 150 ft 225
Total $1,642.17
Commission Meeting Date: July 27, 2004
Date: July 21, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Supplier for fiscal year 2004 -
2005
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services department selection of the vinyl siding supplier for fiscal year
2004 - 2005. After reviewing all bids, the department selected the
lowest bid by Premier Building Supplies located at 2151 S. Harvey-
Muskegon for the price of $38.94 (thirty-eight dollars and ninety-four
cents) per building square for white and $39.94 (thirty.nine dollars and
ninety-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2004 - 2005
Siding fund.
BUDGET ACTION REQUIRED: None required at this time
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: None
2004-2005 Vinyl Siding Sui;1i;1lier Bid Results
Suppliers
Premier Muskegon Premier-GR ABC Supply Carter Menards
Supplies/est. Amounts
White 18.75sq 730.21 721.87 755.43 712.31 785.25
J Vinyl 45 100.35 126 110.25 134.55 166.5
Outside 14 108.92 128 122.92 139.44 158.62
Inside 6 32.28 34.8 30.9 41.94 45.54
Utility Trim 15 33.45 48.75 39.75 55.35 48.75
Fascia 20 62.6 64 62.2 89.8 99.6
Soffit 20 136.4 144 122.2 179.8 156.8
Coil 4 181.16 210 195.4 199.96 206.35
Start 15 38.85 24.75 34.95 29.85 55.2
Nails Bibs 6.24 8 6 7.92 9.76
Caulk 5 19.75 18 17.5 0 14.95
Trim Nails 5Ibs 18.75 22.5 19.95 0 34.4
RJ Blocks 2 7.32 9 7.96 19.98 9.54
EJ Blocksq 2 8.92 9 7.96 19.98 8.92
DryerVent 1 7.05 7 3.98 8.99 6.94
Vents 8 141.84 200 144 207.92 164.48
Fanfold 18.75 sq 242.81 275.5 231 468.56 233.43
HouseWrap 18.75 sq 75 72 131.25 187.5 131.25
Total $ 1,951.90 $ 2,123.17 $ 2,043.60 $2,503.85 $2,336.28
w/Any Color 749.06 743.5 768.75 749.25
Total Color $ 1,970.75 $ 2,144.80 $ 2,056.92 $2,300.28
Darker Color 821.62 785.25
Total Dark $ 2,109.79 $2,336.28
Hickory 873
Total Hickory $2,424.03
Premier Building Products-Muskegon Premier Building Products-Grand Rapids
2151 Harvey 2544 Thornwood St. SW
Muskegon, Ml 49442 Wyoming, Ml 49509
ABC Supply Menards
123 W. Sherman Blvd 5487 Harvey
Muskegon, Ml 49444 Fruitport, Ml 49415
Carters
2626 E. Apple Ave
Muskegon, Ml 49442
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: July 27, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Walnut St., Wilcox to Thompson
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Walnut St., Wilcox to
Thompson, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$12641.10 would be spread against the thi1ieen (13) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
July 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
WALNUT ST., WILCOX TO THOMPSON
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $30,000.00 of which
$12,641 .10 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $435 based on 25 feet assessable front footage at $17.4 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $435 Following are the terms
of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $43.5 PER YEAR
Due Date: September 27th, 2004
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
·~/4~& z__,-e'/ flcMfl(
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
LlTY UJ• MIJSKJ<;GUN
STREET H-1531
SHERMAN BLVD., LINCOLN ST. to BEACH ST.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFOR1\1ATION
N a m e : - - - - - - - - - - - - - - ~ Birthdate: _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phoue: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infom1ation)
Number Living in Household: _ _ _ _ List infonnation for household members besides owner/spouse here.
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birtbdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _ -_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
\PR.OPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be cmTent to qualify and will be verified by CDBG staft)
OWNER'S SlGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infotmation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER APRIL 15, 2004
FOROFFICEUSE ONLY
APPROVED ( DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET- H-1531
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
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 Comm unit:
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should bt
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verifji all application information, and to reject any applications that contain.falsified i11formatio11 or insufficien
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
AUSTIN ST., BARNEY A VE. TO DELANO AVE.
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
TORRENT ST., LETART A VE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Austin St. from Barney Ave. to Delano Ave.
• All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccls\Tonent,Shennan to Lctai1\T01Tent SA Confinn Chronicle Notice.doc
lN3l-'lll:ll/d30 0N11:133Nl0N3
CITY OF MUSKEGON
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03/\1383H
Resolution No. 2004-1 l(c)
Resolution At First Hearing Creating Special Assessment District
For Walnut St., Wilcox to Thompson
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 27, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 27, 2004, there were 24.09% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Warmington and Davis and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 40% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
CITY OF MUSKEGON
By Ii ~l, Q L"'--jf'
Gail A Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 27, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~o.L~~--
6
Gail A. Kundinger, Clerk
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H 1576 HEARING DATE JULY 27, 2004
WALNUT ST., WILCOX TO THOMPSON
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-728-0016-0 3339.0 WILCOX AVE LEGGETT MELVIN TR 2023 ADDISON ST MUSKEGON Ml 49441 $435.00 $0.00 $435.00
24-205-728-0015-0 1852.0 WALNUT ST LEGGETT MELVIN TR 2023 ADDISON ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-728-0014-0 1860.0 WALNUT ST KOLBERG KIRK N 1860 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-728-0012-0 1872.0 WALNUT ST BAKKE LEONG/LINDA 1872 WALNUT ST MUSKEGON Ml 49441 $1,740.00 $0.00 $1,740.00
24-205-728-0011-0 1880.0 WALNUT ST GOFF SHIRLEY A 1880 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-728-0009-0 3320.0 THOMPSON A UNITED PENTECOSTA 3320 THOMPSON AVE MUSKEGON Ml 49441 $878.70 $0.00 $878.70
24-205-729-0001-0 1847.0 WALNUT ST BLAKEMAN JOEL C 1847 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-729-0004-0 1851.0 WALNUT ST PENA JESUS R/EVA M 1851 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-729-0005-0 1861.0 WALNUT ST TORRESEN KATHLEE 1861 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-729-0006-0 1867.0 WALNUT ST ABBOTT CHRISTOPHE 1867 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-729-0007-0 1873.0 WALNUT ST BULLION LOYD 1873 WALNUT ST MUSKEGON Ml 49441 $870.00 $0.00 $870.00
24-205-729-0008-0 1879.0 WALNUT ST SWENSON RICHARD 1879 WALNUT ST MUSKEGON Ml 49441 $1,740.00 $0.00 $1,740.00
24-205-729-0010-0 3324.0 THOMPSON A POOL GERARD N TRU 3324 THOMPSON AVE MUSKEGON Ml 49441 $887.40 $0.00 $887.40
7/13/2004
Page 1 of 2
H 1576 HEARING DATE JULY 27, 2004
WALNUT ST., WILCOX TO THOMPSON
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $12,641.10 $0.00 $12,641.10
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
'f5-ct-o'--j
STEP~~MISSIONER DATE
~VIS J] ~ CITY COMMl~l~'-1/ dD{E
7/13/2004
Page 2 of 2
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Walnut St. , Wilcox St. to Thompson
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
ST ATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16TH DAY OF J UARY 2004.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
c2nr£ DAY OF Ee,/imc/v , 2004.
am·&o ,J ~~
NOTARY PUBLIC, MUSKEGONCOUNTY, MICHIGAN
MY COMMISSION EXPIRES 1z-;;z s-~c) 6
CITY OF MUSKEGON
Resolution No. 2004-68( a)
Resolution Confirming Special Assessment Roll
For Walnut St., Wilcox to Thompson
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 27, 2004, at the
first hearing.
2. . The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE,BEITRESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Walnut St., Wilcox to Thompson
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Gawron, Larson, Shepherd Spataro, Warmington, Carter, and Davis
Nays: None
City of Muskegon
By~L-- O
~--~- ~-
Gail A. Kundinger, MMC U
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.
City of Mus gon
By _ +=-~~~~---l.....:=-=:::..== ~ ~-
Gail A. Kundinger, MMC
City Clerk
EXHIBIT A
WALNUT ST., WILCOX ST. TO THOMPSON AVE
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Walnut St., \Viclox to Thompson
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Walnut St., Wilcox to Thompson
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1576 Walnut St., Wilcox St. to Thompson.
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
\ ar~~
UN !TED STATES MAIL RECEPTACLE ON THE 16th OF JULY#
GAIL A. KUNDINGER, CITY C
SUBSCRIBED AND SWORN TO BEFORE ME THIS
10:t.1i DAY oF dt;/ u .s t=: , 2004.
c&ndb /42, £t!d
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 7-o?,r-o t,
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: July 27, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Sherman Blvd. Lincoln to Beach
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Sherman Blvd., Lincoln
to Beach, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$38,155.33 would be spread against the eighteen (18) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
July 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE )
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $460,000.00 of which
$38,155.33 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $3515 based on 100 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3515 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $351.5 PER YEAR
Due Date: September 27th, 2004
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
.~t[/~-d7ddft
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY UI<' MlJ:SKI<;GUN
STREET H-1531
SHERMAN BLVD., LINCOLN ST. to BEACH ST.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _~Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: _____ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
INCOMEJ.NFORMATION
ANNUAL Household Income: $ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
._ > ,· -'., ' . . . ;
'PROPERTYINFORMATJON
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 COBO staff)
OWNER'S SIGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The 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, ownel'Ship, and property insurance.
CITY OF MUSKEGON
STREET- H-1531
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
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 Comm unit
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.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should b{
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain.falsified i1!formation or insufficien
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
TORRENT ST., LETART A VE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON AVE.
The location of the special assessment districts and the properties. proposed to be assessed are:
• All parcels abutting Austin St. from Barney Ave. to Delano Ave.
• All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccts\Ton-cnt,Shennan to Leta1t\Tnncnt SA Confinn Chronicle Notice.doc
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON
FEB 2 5 2004
Resolution No. 2004-lB(e) ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Sherman Blvd., Lincoln St. to Beach St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 10, 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 rep011 and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 10, 2004, there were 60.14 % 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 ofproce~ding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each prope11y proposed to be assessed in the district
0
after the improve ments 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 iri 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 Davis and Larson
-~ ==~------
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 7.27% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd
Nays None
CITY OF MUSKEGON
",.k,oLr'
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February IO, 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 ~QLaw
d
Gail A. Kundinger, Clerk
H 1531 HEARING DATE JULY 27, 2004
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-686-0008-0 2596.0 SHERMAN BLV MURPHY CHAD/RITA L 2596 W SHERMAN BL MUSKEGON Ml 49441 $3,708.33 $0.00 $3,708.33
24-205-686-0010-0 2572.0 SHERMAN BLV RAHRIG EUGENE 2572 W SHERMAN BL MUSKEGON Ml 49441 $3,515.00 $0.00 $3,515.00
24-205-686-0012-0 2566.0 SHERMAN BLV KNOP MARYK 2566 W SHERMAN BL MUSKEGON Ml 49441 $3,515.00 $0.00 $3,515.00
24-205-686-0014-0 2550.0 SHERMAN BLV MCMILLEN DONALD J 2550 W SHERMAN BL MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-685-0011-0 2586.0 FOUNTAIN ST SHIELDS JAMES J 2586 FOUNTAIN ST MUSKEGON Ml 49441 $1,722.35 $0.00 $1,722.35
24-205-685-0012-0 2520.0 SHERMAN BLV BENEDICT VICTORIA 2520 W SHERMAN BL MUSKEGON Ml 49441 $1,751.88 $0.00 $1,751.88
24-205-685-0013-0 2516.0 SHERMAN BLV OPLINGER PAUL/SHEi 2516 W SHERMAN BL MUSKEGON Ml 49441 $1,853.81 $0.00 $1,853.81
24-205-685-0014-0 2510.0 SHERMAN BLV LAIRD DONALD R TRU 2510 W SHERMAN BL MUSKEGON Ml 49441 $1,819.01 $0.00 $1,819.01
24-205-685-0015-0 2500.0 SHERMAN BLV HALLMAN WENDELL M 2500 W SHERMAN BL MUSKEGON Ml 49441 $1,748.36 $0.00 $1,748.36
24-205-685-0016-0 2494.0 SHERMAN BLV KAMP PAUL 2494 W SHERMAN BL MUSKEGON Ml 49441 $1,819.01 $0.00 $1,819.01
24-205-685-0017-0 2488.0 SHERMAN BLV MASKELL ROBERT M 2488 W SHERMAN BL MUSKEGON Ml 49441 $1,818.66 $0.00 $1,818.66
24-205-685-0018-0 2480.0 SHERMAN BLV JACOBSON MARK L 2480 W SHERMAN BL MUSKEGON Ml 49441 $1,748.36 $0.00 $1,748.36
24-205-685-0019-0 2474.0 SHERMAN BLV BARDING JACK 2474 W SHERMAN BL MUSKEGON Ml 49441 $1,817.26 $0.00 $1,817.26
24-205-685-0020-0 2587.0 GROVE ST MORTENSON MARGA 2587 GROVE ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-670-0007-0 2442.0 SHERMAN BLV ONSTOTT MELVIN 2442 W SHERMAN BL MUSKEGON Ml 49441 $3,515.00 $0.00 $3,515.00
24-205-670-0009-0 2432.0 SHERMAN BLV HARKER ANNE M 2432 W SHERMAN BL MUSKEGON Ml 49441 $1,652.05 $0.00 $1,652.05
24-205-670-0010-0 2414.0 SHERMAN BLV MOAT JOSEPH B 836 DYKSTRA RD MUSKEGON Ml 49445 $2,636.25 $0.00 $2,636.25
24-205-694-0001-0 2801 .0 LAKES HORE D MUSKEGON COUNTR 2801 LAKESHORE DR MUSKEGON Ml 49441 $0.00 $0.00 $0.00
7/12/2004 Page 1 of 2
H 1531 HEARING DATE JULY 27, 2004
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $38,155.33 $0.00 $38,155.33
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
ntm,rn, n'RCCTOR,C- ~/_,,
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KEVI
~ DAVIS
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ER ,f DATE
BILL LARSON CITY COMMISSIONER DATE
7/12/2004
Page 2 of 2
AFFIDAVIT OF MAILING
ST ATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Sherman Blvd.;. Lincoln St. to Beach St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 30TH D A Y ~ Y , 2004.
CL.L Q, .
GAIL A. KUNDINGER, CITY LERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/Ith DAYOF Ft>,,bCUtlr''t.' 7
,2004.
cvi,1'.l-&,C\ J. Id-6/L
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 'I-<{:,- -O (;
{f)
CITY OF MUSKEGON
Resolution No. 2004-68(b)
Resolution Confirming Special Assessment Roll
For Sherman Blvd. Lincoln to Beach
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 10, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Sherman Blvd., Lincoln to Beach
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
City of Muskegon
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.
City of Muskegon
By LDLLdi, ,
Gail A. Kundinger, MMC
City Clerk
EXHIBIT A
Sherman Blvd., Lincoln St. to Beach St.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Sherman Blvd., Lincoln St. to Beach St•.
LOCATION MAP
MUSKEGON LAKE
-------------..._/
-----15
•
MUSKEGON COUNTRY CLUB
GOLF COURSE
PROJl::CT LOCATION
Sherman Blvd., Lincoln to Beach
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1531 Sherman Blvd., Lincoln St. to Beach 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 ASS ESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16th OF JULY 004
LD.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/ 0 -M DAY OF d%%-u,sT , 2004.
(i/(ffA! d . ~
OTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 2- &7.,r:-
cJ k
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: July 27, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Torrent St., Sherman to Letart
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for TORRENT ST., LETART
AVE. TO SHERMAN BLVD, and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of$1 l,572.54 would be spread agai'nst the four (4) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
July 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at 1916.0 W SHERMAN BLVD
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $64,000.00 of which $8,808.24
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $2210.94 based on 62.9 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $829.3 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3040.24 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $304.02 PER YEAR
Due Date: September 27th, 2004
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~t~~&f!(
Mohammed Al-Shale!, P.E.
City Engineer
Enclosures
<..:ITY OF MUSKEGON
STREET H-1531
SHERMAN BLVD., LINCOLN ST. to BEACH ST.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infomrntion)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _ -_ _
Name
----------------Birthdate Social Security# _ _-_ _ -_ _
JNCOl\'.IE 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=--------~--c---------------,,-,- Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is hue 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 _ _ _ _ CENSUSTRACTNO.
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-1531
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Commun it
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.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should bi
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application infiJrmation, and to reject any applications that contain.falsified il1formatio11 or insuf(icien
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten ( 10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
AUSTIN ST., BARNEY A VE. TO DELANO AVE.
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Austin St. from Barney Ave. to Delano Ave.
• All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
PLEASE TAKE NOTICE that a hearing to confinn the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and detennine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Conunission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccts\Tom:nt,Shcnnan to Lctmt\TmTent SA Confinn Chronicle Notice.doc
lN3V>lll:l'v'd30 0Nll:!33N10N3
CITY OF MUSKEGON
%00Z £ o 83.:l ;
Resolution No. 2004-1 !(a)
NO03>1SnV\I ::10 All::>
03/\13831:1
Resolution At First Hearing Creating Special Assessment District
For TORRENT ST., LETART AVE. TO SHERMAN BLVD.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on January 27, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 27, 2004, there were 24.91% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Davis and Larson and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 15. 73% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 27, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
"' Ji,L o_ L 0
Gail A. Kundinger, Clerk
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
j
1
HO SCALE
,---._C_UTL£R A VE
I
----.J ~ '-------' ._I_ _ _ __
-- D PHILO A VE
~ IIr====================:::
'------.J
_ _L:.:::£TART AV£
PR JECT LOCATION
SPE I L ASSESSMENT DISTRICT
SHERMAN BL VD
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLO\VING:
Torrent St. Sherman Blvd to LeTart Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16TH DAY OF~ 2 0 0 4 .
~Q_ .
GAIL A. KUNDINGER, CITY CLilti
SUBSCRIBED AND SWORN TO BEFORE ME THIS
c2nc.Q DAY OF &brau 5,v , 2004.
dl}j& J . ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES --'-'1-"'-°'"'s_--l~'e,"'-----
H 1583 HEARING DATE JULY 27, 2004
TORRENT ST., LeTART AVE. TO SHERMAN BLVD.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-645-000-0017-0 1916.0 SHERMAN BLV SHEDD GARY/BETTY 550WNORTON MUSKEGON Ml 49444 $2,210.94 $829.30 $3,040.24
24-645-000-0030-0 1909.0 LETART AVE COVELL DOMINIC 1909 LETART MUSKEGON Ml 49441 $2,194.06 $934.50 $3,128.56
24-645-000-0018-0 1892.0 SHERMAN BLV VANKLOMPENBERG K 1892 W SHERMAN BL MUSKEGON Ml 49441 $2,210.94 $0.00 $2,210.94
24-645-000-0029-0 1891.0 LETART AVE BAILEY KRISTI A 1891 LETART AVE MUSKEGON Ml 49441 $2,192.31 1,000.50 $3,192.81
TOTALS $8,808.24 $2,764.30 ll1.._5.I2A'i4
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
IFFTURNER, DIRECTO ,COUNTY E Q U A L I Z ~ ~
K~_v,t:
Adi~
,2 ~cf'--
CITY COMMISSIONER
~ v ,f
DATE
BILL LARSON CITY COMMISSIONER DATE
7/14/2004
Page 1 of 1
CITY OF MUSKEGON
Resolution No. 2004-68(c)
Resolution Confirming Special Assessment Roll
For TORRENT ST., LETART AVE. TO SHERMAN BLVD.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 27, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( 10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR TORRENT ST., LETART AVE. TO SHERMAN BLVD
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
By __L~ =-= C
~: D
-ty-o~
-f~·~~u/~sk-e~-g~
o n=,·~ -
~~ -
Gail A. Kundin~
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.
City of Muskegon
By__._L=G~a~il~-A-.-
9~u-nd~
- i~
~-~e~r,=M
~=M
~~c= a~a.v
=·' - - -
City Clerk
EXHIBIT A
TORRENT ST., LETART AVE. TO SHERMAN BLVD.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Torrent St., Letart to Sherman Blvd.
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT
j
f--
(/)
_ ____, CJ ~___, ' - - - - - - -
-- a~-,-..:..:...:...:::.._______~
~
(J
~
SHERMAN BL VD
TORRENT ST., LETART A VE. TO SHERMAN BLVD
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN . )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1583 Torrent St., Letart to Sherman Blvd.
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 STA TES MAIL RECEPTACLE ON THE 16th OF JULY 20
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/(2.t!i DAY OF A~u,s f- , 2004.
~dki A . 11&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- o?s-'- 0 0
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: July 27, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Austin Barney to Delano
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Austin, Barney to
Delano, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$54,002.10 would be spread against the forty-seven-(47) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
July 16, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTYADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $120,000.00 of which
$54,002.1 O will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $932.43 based on 51.43 feet assessable front footage at $18.13 per assessable foot for
the street improvements. In addition, you will be assessed $34 7.48 for driveway approach and/or
sidewalk improvements made to your property for a total special assessment cost of $1279.91 Following
are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $127.99 PER YEAR
Due Date: September 27th, 2004
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
.0?c:/;u ~-~ t1Mf!(
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
LI I Y Ul<' JVIlJ:SKI<:GUN
STREET H-1531
SHERMAN BLVD., LINCOLN ST. to BEACH ST.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _Social Seeurity # _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _~Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this inforn1ation)
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# _ _-_ _-_ _
>INCOMEil'lFORMA.TION
ANNUAL Household Income: $ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTYINFORMATION
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 staft)
OWNER'S SIGNATURE
Owner's Signature:_:--:----:c------cc:,-c--~-------------,,,- Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is tme and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER APRIL 15, 2004
FOR OFFICE USE ONLY
APPROVED ( DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO.
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-1531
SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
REQUEST FOR WAIVER 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 Comm unit
Development Block Grant (COBO) Program for eligible households and families. If you meet the COBO
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.
2002
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should b,
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
suppmting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application i11formation, and to reject any applications that contain.falsified information or insufficien
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. Al 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.
r·-~ITYF~{~tiif<~GON
CITY OF MUSKEGON
MAR 09 ZOO't
Resolution No. 2004-23( c)
ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Austin, Barney to Delano
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 24, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 24, 2004, there were 38. 70 % objections by the owners of
the prope11y 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 fo11h in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Carter and _ _...,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 53.54 % of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Spataro, Warmington, Carter, Davis, Gawron, Larson,
She herd
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Austin St. Barney Ave. to Delano Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 13TH DAY OF FEBRUARY,
2004.
RK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
x'li-4 DAYOF 1~/,1•,:,-,,ry'
V
,2004.
dm~J.0 61. &d,,,~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES </- ✓s-o {,
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
SHERMAN BL VD., LINCOLN ST. TO BEACH ST.
TORRENT ST., LETART A VE. TO SHERMAN BLVD.
AND
WALNUT ST., WILCOX ST. TO THOMPSON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Austin St. from Barney Ave. to Delano Ave.
• All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
• All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
and
• All parcels abutting Walnut St from Wilcox St. to Thompson Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, Ml 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-60447-5267
O:\ENGJNEERING\COMMON\2004 PROJECTS MASTER\Projccts\Toncnt,Shennan to Lcta11\ToiTcnt SA Confinn Chronicle Notice.due
CITY OF MUSKEGON
Resolution No. 2004-68(d)
Resolution Confirming Special Assessment Roll
For Austin St. Barney to Delano
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 24, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Austin St. Barney to Delano
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
City of Muskegon
By PMCL~ fu
Gail A. Kundinger, MMC ~
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.
City of Muskegon
By - -~-~ - ~-Q~·~
~ qw~
d
Gail A. Kundinger, MMC
City Clerk
EXHIBIT A
AUSTIN FROM BARNEY TO DELANO
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Austin from Barney to Delano
--
SPECIAL ASSESSMENT DISTRICT
--
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I
AUSTIN ST. BARNEY TO DELANO
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
INGTON
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:
H-1576 Walnut St., Wilcox St. to Thompson.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
. OWNER OR. PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16th OF JUL~
~ 0. .
GAIL A. KUNDINGER, cITf f iERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
4«.s
/ 0 :t:/J DAY OF -j- , 2004.
~ fl). ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- c?s-~o 6
~ H 1544 HEARING DATE JULY 27, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-860-000-0091-0 2295.0 AUSTIN ST BROOKS TONIE D 2295 AUSTIN ST MUSKEGON Ml 49444 $907.59 $0.00 $907.59
24-860-000-0092-0 2285.0 AUSTIN ST ANDERSON DORIS L/R 2285 AUSTIN STREET MUSKEGON Ml 49442 $907.59 $307.09 $1,214.68
24-860-000-0094-0 2283.0 AUSTIN ST RICE MARK A/CHRISTI 2283 AUSTIN ST MUSKEGON Ml 49442-0 $907.59 $307.09 $1,214.68
24-860-000-0095-0 2279.0 AUSTIN ST JOHNSON CHESTER 3300 BAKER ST MUSKEGON HlMI 49444 $1,133.13 $378.19 $1,511.32
24-860-000-0096-0 2263.0 AUSTIN ST BUSMAN DANIEL A 3845 FOREST EDGE MUSKEGON Ml 49442 $906.50 $352.64 $1,259.14
24-860-000-0098-0 2253.0 AUSTIN ST CITICORP TRUST BAN 7467 NEW RIDGE RD HANOVER MD 21076 $906.50 $352.64 $1,259.14
24-860-000-0099-0 2243.0 AUSTIN ST R & RESTATES LLC 3232 GLADE ST MUSKEGON HlMI 49444 $906.50 $363.15 $1,269.65
24-860-000-0100-0 2239.0 AUSTIN ST KITCHENS OTHELL 2239 AUSTIN MUSKEGON Ml 49442 $725.20 $312.86 $1,038.06
24-860-000-0101-0 2231.0 AUSTIN ST BILLINGS ROBERT L P.O. BOX 4483 MUSKEGON Ml 49444 $906.50 $312.86 $1,219.36
24-860-000-0102-0 2223.0 AUSTIN ST SZOST PROPERTIES L 2410 W BARD RD MUSKEGON Ml 49445 $906.50 $364.38 $1,270.88
24-860-000-0104-0 2215.0 AUSTIN ST SZOST PROPERTIES L 2410 W BARD RD MUSKEGON Ml 49445 $906.50 $355.73 $1,262.23
24-860-000-0105-0 2207.0 AUSTIN ST PARKER GERALDINE 4228 HALL RD MUSKEGON Ml 49442 $906.50 $0.00 $906.50
24-860-000-0106-0 886.0 HACKLEY AVE WILLIAMS VICTORIA A 886 E HACKLEY AVE MUSKEGON Ml 49444 $805.15 $0.00 $805.15 \
24-860-000-0107-0 2183.0 AUSTIN ST JEMISON JOYCE 2183 AUSTIN ST MUSKEGON Ml 49444 $906.50 $373.25 $1,279.75
24-860-000-0108-0 2177.0 AUSTIN ST SIMS JIMMY L JR 2177 AUSTIN ST MUSKEGON Ml 49444 $906.50 $367.27 $1,273.77
24-860-000-0110-0 2167.0 AUSTIN ST GRANITE INVESTMEN 7211 HARVEY ST SPRING LAKE Ml 49456 $1,087.80 $363.56 $1,451.36
24-860-000-0111-0 2161.0 AUSTIN ST LEE LINWOOD/LOU ISE 3735 HIGHGATE RD MUSKEGON Ml 49441 $1,087.80 $366.24 $1,454.04
24-860-000-0113-0 2145.0 AUSTIN ST GLEASON CLYDE NM 2145 AUSTIN ST MUSKEGON Ml 49444 $1,813.00 $353.67 $2,166.67
8/11/2004
Page 1 of 4
H 1544 HEARING DATE JULY 27, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-860-000-0115-0 2137.0 AUSTIN ST LABAN JOSEPH B 11/Z 7879 EVANSTON AVE MUSKEGON Ml 49442 $725.20 $0.00 $725.20
24-860-000-0116-0 2131.0 AUSTIN ST BAYMARK HOMES LLC 5479 PINE BLUFF LN MUSKEGON Ml 49441 $725.20 $0.00 $725.20
24-860-000-0117-0 2127.0 AUSTIN ST FONDREN JOSHUA 2131 AUSTIN MUSKEGON Ml 49444 $725.20 $0.00 $725.20
24-860-000-0118-0 2121.0 AUSTIN ST BILLINGS ROBERTIII/K 2121 AUSTIN ST MUSKEGON Ml 49444 $725.20 $0.00 $725.20
24-860-000-0119-0 2115.0 AUSTIN ST MALLARD MARY A 2115AUSTIN ST MUSKEGON Ml 49444 $725.20 $0.00 $725.20
24-860-000-0120-0 2109.0 AUSTIN ST DOHNAL CHRISTOPH 2109 AUSTIN ST 2 MUSKEGON Ml 49444 $725.20 $0.00 $725.20
24-860-000-0150-0 2294.0 AUSTIN ST PRIETO ELVIRA 2294AUSTIN MUSKEGON Ml 49444 $982.83 1,249.79 $2,232.62
24-860-000-0149-0 2284.0 AUSTIN ST REID CARY E 2284 AUSTIN ST MUSKEGON Ml 49444 $982.65 $341.00 $1,323.65
24-860-000-0147-0 2278.0 AUSTIN ST GRISSOM HERBERT H 2278 AUSTIN ST MUSKEGON Ml 49444 $982.65 $358.00 $1,340.65
24-860-000-0146-0 2270.0 AUSTIN ST BILLINGS ROBERT II 2263 VALLEY ST MUSKEGON Ml 49444 $725.20 $0.00 $725.20
24-860-000-0145-0 2262.0 AUSTIN ST DILL RONALD H/TINA 2262 AUSTIN ST MUSKEGON Ml 49444 $932.43 $277.99 $1,210.42
24-860-000-0142-0 2248.0 AUSTIN ST BILLINGS ROBERT L 2263 VALLEY ST MUSKEGON Ml 49444 $932.43 $331.41 $1,263.84
24-860-000-0141-0 2240.0 AUSTIN ST CITY OF MUSKEGON 933 TERRACE ST MUSKGEON Ml 49443-0 $932.24 $0.00 $932.24
24-860-000-0140-0 2232.0 AUSTIN ST ANDERSON CLARICE 2232 AUSTIN ST MUSKEGON Ml 49444 $932.43 $347.48 $1,279.91
24-860-000-0138-0 2224.0 AUSTIN ST AMERICAN GENERAL 1910 E APPLE AVE ST MUSKEGON Ml 49442 $932.43 $339.45 $1,271.88
24-860-000-0137-0 2216.0 AUSTIN ST GUERRERO ROBERT 2216 AUSTIN ST MUSKEGON Ml 49444 $932.43 $0.00 $932.43
24-860-000-0136-0 2208.0 AUSTIN ST ROBINSON LINDA D 2208 AUSTIN ST MUSKEGON Ml 49442 $725.20 $0.00 $725.20
24-860-000-0135-0 916.0 HACKLEY AVE RICE SHARON LOVE 916 E HACKLEY AVE MUSKEGON Ml 49444 $1,171.74 $0.00 $1,171.74
8/11/2004
Page 2 of 4
H 1544 HEARING DATE JULY 27, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-860-000-0133-0 2184.0 AUSTIN ST ACHTERHOFF JOHN E 1065 4TH ST STE B MUSKEGON Ml 49440 $1,015.28 $350.78 $1,366.06
24-860-000-0132-0 2174.0 AUSTIN ST WEST MAN LLC 4648 SUSAN MUSKEGON Ml 49441 $1,015.28 $345.84 $1,361.12
24-860-000-0130-0 2164.0 AUSTIN ST N & N ASSOCIATES LL 420 CARMEN DRIVE SPRING LAKE Ml 49456 $1,015.28 $343.57 $1,358.85
24-860-000-0129-0 2156.0 AUSTIN ST NIELSEN ROGER/JUA 420 CARMEN DR SPRING LAKE Ml 49456 $942.76 $0.00 $942.76
24-860-000-0128-0 2148.0 AUSTIN ST CHAPMAN SHERRY 2148 AUSTIN ST MUSKEGON Ml 49444 $1,087.80 $0.00 $1,087.80
24-860-000-0126-0 2142.0 AUSTIN ST ODNEAL WILLIE B 2142 AUSTIN ST MUSKEGON Ml 49444 $942.76 $358.85 $1,301.61
24-860-000-0125-0 2132.0 AUSTIN ST TOWNSEND DARLEEN 3355 HOYT ST MUSKEGON Ml 49444 $942.76 $0.00 $942.76
24-860-000-0124-0 2124.0 AUSTIN ST COLE PATRICIA 2124 AUSTIN ST MUSKEGON Ml 49444 $942.76 $0.00 $942.76
24-860-000-0123-0 2116.0 AUSTIN ST HERRON ALLEN 2116 AUSTIN ST MUSKEGON Ml 49444 $942.76 $0.00 $942.76
24-860-000-0121-0 2108.0 AUSTIN ST WARE FULTON 2108 AUSTIN ST MUSKEGON Ml 49444 $942.76 $0.00 $942.76
24-860-000-0144-0 2256.0 AUSTIN ST ERICKSON ROBERT S 2256 AUSTIN ST MUSKEGON Ml 49444 $932.43 $355.52 $1,287.95
8/11/2004
Page 3 of 4
H 1544 HEARING DATE JULY 27, 2004
AUSTIN ST., BARNEY AVE. TO DELANO AVE .
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL
TOTALS . $43,771.80 10,230.30 $54,002.10
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl
BOARD OF ASSESSORS
......-u-..<
~ c-c, - ~ ATIO~ ~
o/
~ · t;1a1,,;z - tj;.1/ul
CHRIS CARTER CITY COMMISSIONER DATE
/4~~~
STEriHEN ~Jv'RON CITY COMMISSIONER
~-//-~/DATE
8/11/2004
Page 4 of 4
Commission Meeting Date: July 13, 2004
Date: May 17, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Amendments to Brownfield
Plan- Art Works Apartments
SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Boiler Works, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the redevelopment of the property into an Art Works
space (with residential and gallery space) will add to the tax base of the City of
Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on June 21, 2004 and further recommends
that the Muskegon City Commission approve the Plan amendment.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
ART WORKS APARTMENTS PROJECT
City of Muskegon
County of Muskegon, Michigan
2004-69(a)
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"}, held in the City Commission Chambers,
onthe 27 th dayof July , 2004, at s: 30 o'clock p.m., prevailing Eastern
Time.
PRESENT: Members
Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
ABSENT: Members
None
The following preamble and resolution were offered by Member
Larson and supported by Member Shepherd
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"}, the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment to add the Art Works Apartments project; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan Amendment, as
required by Act 381; and
WHEREAS, not less than 20 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, a notice of the Public Hearing on the proposed Brownfield Plan
Amendment was published twice in the Muskegon Chronicle, the first of which was
not less than 20 days before the scheduled Public Hearing; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on July 13, 2004.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. Definitions. Where used in this Resolution the terms set forth below
shall have the following meaning unless the context clearly requires otherwise:
"Eligible Property" means the property designated in the Brownfield Plan as
the Eligible Property, as described in Act 381.
"Brownfield Plan" means the Brownfield Plan prepared by the Authority, as
transmitted to the City Clerk by the Authority for approval, copies of which
Brownfield Plan are on file in the office of the City Clerk.
"Taxing Jurisdiction" shall mean each unit of government levying an ad
valorem property tax on the Eligible Property.
2. Public Purpose. The City Commission hereby determines that the
Brownfield Plan Amendment constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines
that it is in the best interests of the public to promote the revitalization of eligible
properties in the City to proceed with the Brownfield Plan Amendment.
4. Review Considerations. As required by Act 381, the City Commission has,
in reviewing the Brownfield Plan Amendment, taken into consideration
whether the Brownfield Plan Amendment meets the requirements set forth in
Section 13 of Act 381.
5. Approval and Adoption of Brownfield Plan Amendment. The Brownfield
Plan Amendment as submitted by the Authority is hereby approved and
adopted. A copy of the Brownfield Plan and all amendments thereto shall be
maintained on file in the City Clerk's office.
6. No Capture of Tax Increment Revenues by Authority. The Authority shall
not capture Tax Increment Revenues on the Eligible Property, as described
in the Brownfield Plan Amendment.
7. Disclaimer. By adoption of this resolution and approval of the Brownfield
Plan Amendment, the City assumes no obligation or liability to the owner,
developer or lessor of the Eligible Property for any loss or damage that may
result to such persons from the adoption of this resolution and Brownfield
Plan Amendment The City makes no guarantees or representations as to
the determinations of the appropriate state officials regarding the ability of
the owner, developer or lessor to qualify for a single business tax credit
pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to
the ability of the Authority to capture tax increment revenues from the State
and local school district taxes for the Brownfield Plan.
8. Repealer. All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Warmington, Carter, Larson, and Shepherd
NAYS:
Members Davis, Gawron, and Spataro
--------------=---------------
RESOLUTION DECLARED ADOPTED.
hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on July 27, 2004, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
Marketing to Artist Groups in Primary and Secondary Market Areas
The following groups/organizations have been contacted by Woods Consulting and have
expressed interest in the project to the extent that they will allow Woods to
contact/survey their members to evaluate interest in the proposed project:
• Muskegon Museum of Art (list of artists on mailing list for regional competition hosted
at Museum)
• Festival Grand Rapids (5,000 performers and 2,500 - 3,000 visual artists)
• Muskegon Community College/Art Department
• Kendall College of Art and Design
• Muskegon Civic Theatre
• Lakeland Painters
• Muskegon Artists Guild
• Grand Haven Area Arts Council
• Challenge Studio Artists (Challenge Machinery Building)-artists rent studio space
for $4.00 per square foot including utilities
• Arts Council of White Lake
• Holland Area Arts Council
• Galleries in Saugatuck
• Western Michigan Art Fair-large group of artists who appear at Summer
Celebration fair
The Muskegon Museum of Art reports the following number of persons on their "Active
Artist" list (artist submitted a piece of work to a regional competition within the past two
years):
• 89 from the Muskegon area (zip codes 49440, 49441, 49442, 49444, 49445)
• 131 from all zip codes in Muskegon county
• 106 from Ottawa County (Holland and Grand Haven areas)
• 56 from the Grand Haven/Spring Lake area
In addition, the Museum reported the following number of "known artists" on its mailing
list:
• 147 from Muskegon area (same zip codes as above)
• 192 from Muskegon county
• 137 from Ottawa county
• 79 from Grand Haven/Spring Lake area
Key Contacts:
• Nuveen Community Center for the Arts (Montague)
• Peter Johnson, White River Gallery (Montague)
• John Walson, Art Critic for Muskegon Chronicle
• Lee Collet, retired Art Instructor, MCC
17
Opportunity for Introducing Proposed Boilerworks Renovation to Artist Community
Muskegon Museum of Art is hosted a "Salon Thursday" on Thursday, February 12 from
5:30 p.m. and 8:00 p.m. The purpose of the event is for visual artists to present their
work to peers and art admirers in a relaxed social environment. The Museum has
offered the developer the opportunity to "showcase" the proposed development at the
"Salon" and survey those present as to their interest in the project/likelihood to explore
the project.
The artists invited to this event are those artists who are on the Museum's mailing list for
its regional competition (they are artists of varying levels of accomplishment).
The Museum will host a second "Salon Thursday" in April, 2004 at which time the
developers will have another opportunity to present the project to the artist community
and to solicit both interest in the project and recommendations for interior design/layout.
18
BOILERWORl<S QUESTIONS
1. Why did you tell us these units were committed to this plan for 15 years when you
received extra points (3 5 total) for perpetuity?
I believe I told you that these units were committed to this plan for NO LESS THAN 15
years (the mandatory MSHDA compliance period), not 15 years.
2. Why are the 2 market rate units not listed on application?
The 2 market rate units will be constructed using conventional financing and are not
considered to be a part of the tax credit project.
3. County Needs Score for this project is "1" out of a possible "1 0". Does this
demonstrate low to no need for this project?
According to the M5HDA website, the federal government annually supplies
information to update the County Needs Index based on the latest information from
the U.S. Census Population Housing Figures IN ADDITION TO Unemployment
Compensation totals from the Michigan Department of Career Development, Labor
Statistics Division.
We contacted two people in the Low Income Housing Department at the Michigan
State Housing Development Authority and neither could tell us what this score
reflects.
You should be aware, however, that the census tract in which this project is to be
developed has a needs score of "20" out of' 20."
Also, 8 proposed projects to be built in Wayne County received tax credits last round.
Wayne County has a County Needs Score of "0."
4. Community Revitalization points total "0". This cannot demonstrate revitalization.
I assume that you did not read the question here. If you had, you would have seen
that these points were only available for projects that utilize EXIST/NC housing that is
located in an area for which a community revitalization plan is in place. Boilerworks
is obviously not existing housing. If you had read a couple of pages further in the
application you would have seen that we did, in fact, receive 5 points for being
located in a qualified census tract for which a community revitalization plan is in
place and that can demonstrate that the housing contributes to the revitalization
plan. This was substantiated by the letter from Cathy Brubaker-Clarke stating that
Boilerworks is identified in the Downtown/Lakeshore Redevelopment Plan.
5. Affirmative Fair Housing Marketing Plan makes no mention of artist. Why?
The Affirmative Fair Housing Marketing Plan is designed to promote equal housing
choice for all prospective tenants regardless of race, color, religion, sex, disability,
familial status or national origin. It has nothing to do with a person's occupation,
hobby or talent.
6. Michael H. told us "No Section S's" Jacobson, but on the application that he signed, it
says that they must receive consideration and a place on the waiting list. Which is the
accurate statement?
You are misquoting me again. I believe what I said was that this would not be a
Section 8 based project. We would not deny a prospective tenant consideration
because s/he is a Section 8 voucher holder. That goes against Fair Housing Laws.
7. HDC Construction is listed as the builder not Muskegon Construction. What are their
specific roles?
HOC Construction is the general contractor as listed on the application to MSHDA.
Muskegon Construction will have a contract with HOC to perform as the general
contractor on the project and will perform all the work.
8. Will this be a fair market rate (Bacon Davis Act) project?
My response is based on the assumption that you are referring to Fair Labor Laws,
such as Davis-Bacon. The Davis-Bacon and Related Acts applies to contractors and
subcontractors who are performing on federally funded or assisted contracts in
excess of $2,000 for the construction, alteration, or repair (including painting and
decorating) to public buildings or public works. Since Boilerworks is neither a public
building nor public work, this does not apply. Also, Michigan's Prevailing Wage law
covers construction workers employed on state financed or sponsored construction
projects. This project is neither state financed or sponsored.
M
July 13, 2004
Steven Warmington
Mayor
City of Muskegon
City Hall
Muskegon, Michigan
Dear Mayor Warmington:
I am pleased to write to you to enthusiastically endorse the Art Works Muskegon
development being planned for the Boilerworks building. This development designed
and planned for aitists will serve as a rallying point for our arts community and add a
much needed resource for our a1tists. Not only does it provide much needed live and
work space for artists and a gallery where residents and non residents can sell their ait,
this project also will provide a space that can be use for meeting and recital space. These
benefits will be at no cost to the artists fo11unate to live there, except for the affordable
rents that are proposed.
The arts have made a significant contribution to Muskegon for many generations. The
long range commitments made to foster these programs have made an everlasting impact
on generations of our residents. As our core city has faced its problems, one enduring
aspect has been the continuing strength of the rut and cultural institutions of our
community.
I believe that the additionof the Artworks building and its related programs will not only
serve to aid the arts community, but the rehabilitation of the former BoiTerwork's
building in a historic fashion will serve as a meaningful connection to the past~while at
the same time providing a significant stimulus for the future. This development is
exactly what the ruts community and the City of Muskegon needs. It is cultural
development and economic revitaljzation both at the same time.
Not only is the building an important addition to our community, but the programming,
and the proposed gallery/meeting space for which the developers have proposed will have
significant impact. The proposal by the developers that the arts organizations play a
meaningful role in the operation of the gallery/recital space will strengthen the aits
296 WEST WEBSTER AVENUE. MUSKEGON , MI C HI GAN 49440
phone 23 1.720.2570 • fax 231.720.2585
www.muskegonartmuseum.org
activities in the community and give us more upon which to continue to build this
important aspect of our community.
I urge you and the City Commission to not only approve the various aspects of this
development, including the brownfield redevelopment plan and the historical designation
as requested by the developers, but to give any and all other assistance and cooperation
that may further insme the completion of this development.
Sincerely,
< ldith Hayner
Executive Direct
Responses to Questions from Commissioner Davis:
ESRI projects the market area for the ArtWorks project (the communities of
Muskegon, Muskegon Heights, Roosevelt Park, Norton Shores, and parts of
Muskegon Twp. to grow in population at an annual rate of 0.5% between 2003 -
2008. ESRI also projects the number of HH to grow at annual rate of 0.84%
during that same period of time. The higher growth rate for household formation
reflects new households being formed by young people beyond high school age
who are choosing to remain in the community.
1. Ability to shop downtown: Income ranges for target households (other than
the special needs units) is $17,160 - $29,400. If these households are
spending no more than 30% of their income on housing expenses, this will
provide additional income to spend on other goods and services.
According to the 2000 Census, 39.6% of all renter HH in the City of
Muskegon (2471 renter HH out of 6241) were spending more than 30% of
household income on rent. If this project comes on-line, 27 households may
have that situation improved.
2. MSHDA requires Woods Consulting and other "market analysts" to estimate
demand for tax credit projects based upon their (MSHDA's) formula. This
estimating technique requires that we create an estimate of household
income distribution for all renter households, then estimate the number of
income-qualified households, and finally estimate the number of income-
qualified households that are likely to re-locate in the year the project comes
on the market (typically 27% of renter HH re-locate in any given year based
upon historical patterns). We have to estimate demand from existing
households (based upon 2000 Census data) plus projected number of new
households (from ESRI data).
3. The US Census does not estimate the number of individuals employed in the
"arts" therefore, there is no clear answer to your question. Based upon
conversations with arts organizations, many individuals who are attempting to
establish a career in the arts are, in fact, employed in retail trade or service
sector occupations. Their art is an "avocation" that they are attempting to
grow into a "vocation" from which they can earn a living.
4. The arts organizations contacted by Woods Consulting agreed to allow us to
contact their members or students at the time the Artswork project was ready
to "go to market". It is very difficult to "test' a concept with potential buyers
until you have some level of specific features - size of units, rents, date of
entry. When the project is finally approved, we will utilize these contacts to
conduct a more detailed marketing effort to reach prospective tenants.
The market study was prepared for the purpose of demonstrating to MSHDA
and to other investors, that there was a sufficiently large market of income-
qualified households in the market area and that the existing supply of
"affordable" housing was not experiencing large vacancy rates. The market
study demonstrates those facts. It also demonstrates the number of
individuals who are actively involved in the "arts" in Muskegon County and the
surrounding counties.
5. The City of Muskegon in its 2000 Housing Plan reported that 3419 of the
City's rental households had incomes at or below 50% of area median
income. 82% of the City of Muskegon's very low income households reported
that their housing cost payments exceeded 30% of household income with
54% of these households reporting that their housing costs exceeded 50% of
household income.
6. Age of Housing Stock (2000 Census): the median year housing stock was
built is 1956 for the market area. Over 90% of the properties within the
market area were built prior to 1990 with 35% of the rental properties built
prior to 1950.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 13, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
Request to Speak
CITIZEN'S CONCERN FORM
This request must be returned to the City Clerk first before concern(s) can be
brought in front of the Commission. Please state name and address at the
microphone for the jord. . [" .,
Name ii/J
/
;J~t-! 1
I
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Staff person who you have already contacted - - - - - - - - - - - - -
Request amount of Time 3 minutes - -
10 minutes - -(for representing a group)
Request for special equipment (specify)
---------------
***Please make sure that all cell phones are turned off during meeting.
Date: July 27, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Steps to reduce Outstanding Accounts Receivable
SUMMARY OF REQUEST: Staff is proposing several steps to deal with unpaid
account receivable balances including: 1) an amnesty program to run from July 2s1' through
September 17th during which time persons having delinquent accounts will have a one-time
opportunity to bring them current without penalty or interest, 2) outsource billing for the
environmental program to Paramount Collections, 3) set a standard 30day AIR appeal
period and, 4) amend the fee schedule for newly issued environmental invoices and building
demolition invoices to allow a 30% discount if paid within 30 days.
FINANCIAL IMPACT: These steps are intended to bring down outstanding AIR
balances prior to year-end. Tighter accounting standards allow us to recognize only a portion
of our total AIR balance at year-end. This will negatively impact the general fund fund
balance and we are attempting to minimize the effect.
BUDGET ACTION REQUIRED: None at this time. Depending on the success of
these steps, the budget at year-end will need to be adjusted to some degree due to the
tighter standards.
STAFF RECOMMENDATION: Staff recommends the commission adqJt a
motion/resolution approving the following AIR initiatives:
1. Amnesty program as outlined in the attached memo;
2. Approval of environmental/demolition AIR outsourcing arrangement with Paramount;
3. Implementation of 30-day AIR appeal period; and,
4. Changes to fee schedule for environmental/demolition invoices allowing for a 30%
discount if paid within 30 days.
COMMITTEE RECOMMENDATION: There is no committee recommendation.
9/18/97
Finance
Administration
Memo
To: City Commission City Manager
From: Finance Director
Date: July 20, 2004
Re: Steps to Reduce NR Balances
At the recent Commission worksession, I noted that one of the budget challenges we
confront in 2004 is a tightening of accounting standards related to accounts
receivable. Briefly, the new standard allows us to book as year-end receivables in
the general fund only those accounts receivable collectable within 60 days of year-
end. Previously, we had greater latitude to consider as receivables accounts that
might be not be collected for as much as twelve months after year-end. This change
could negatively impact the general fund fund balance by as much as $400,000.
It is in the city's interest to make every effort to reduce outstanding receivables from
their current levels before year-end. Accordingly, we are recommending (and seek
your approval) for the following actions:
• AIR Amnesty Program - Staff is proposing a one-time amnesty program allowing
persons with delinquent city invoices (excluding some items listed below) to pay
the original balance without penalty or interest. Terms of the amnesty program
proposal are as follows:
• Amnesty Period: Wednesday, July 28, 2004 until 5:00PM Friday,
September 17, 2004.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\MEMO - CITY COMMISSION 2004 AR
STRATEGY.doc
• Benefit: During the amnesty period, penalties, interest, and fees will be
forgiven if the original underlying liability is paid in full or, if a signed
payment agreement acceptable to the city is entered into. Delinquent
items not satisfied during this period will be assessed full penalties, fees,
interest and collection costs and will be subject to collection efforts of the
city and its agents to the fullest extent allowed by law.
• Notice: The city or its agents will send written notification of the amnesty
period to eligible debtors of record. Failure to receive notice will not be
grounds for extending the terms of the program. Additional notice will be
published on the city's website (www.shorelinecity.com) and in appropriate
newspapers or other publications.
• Items Included:
• delinquent invoices for lot mowing or lot cleanup;
• delinquent invoices for demolitions;
• delinquent invoices for miscellaneous city services;
• delinquent water/sewer bills (excluding Muskegon Township
customers and excluding amounts owed by other government
units);
• delinquent city income taxes (amnesty for penalties only; interest
cannot be waived under state law);
• Final determination as to whether an item is covered under the
program rests solely with the City.
• Items NOT Included:
• Delinquent real or personal property taxes;
• Parking tickets;
• Traffic violations;
• Any items included in pending court cases;
• Final determination as to whether an item is covered under the
program rests solely with the City.
• Information: More information is available from the City Treasurer's
Office (231) 724-6720 or Paramount Collection Services (231) 744-3600.
• Page2
• Outsource Billing for Environmental Program - The biggest AIR problem is with
invoices for environmental services (e.g. lot mowing, junk removal, etc.) and
demolitions. Currently, city staff prepares invoices for these services and
attempts collection before sending them on to a collection agency. Only a small
number (under 5%) are paid prior to going to the collection agency. We believe it
more efficient and effective for the city's collection agency (Paramount) to handle
these billings from day one. This will allow them to work these difficult cases
during the first 30 days when chances of collection success are greatest. In
addition, these invoices will be isolated from the city's AIR system and booked as
revenue only when payments are received. Attached is a proposal from
Paramount to provide this service.
• 30-dav Appeal Period Policy - We have significant problems with people
ignoring invoices/statements from the city and responding only when the
collection agency gets involved. In many cases the person then attempts to
appeal the matter many months after the initial violation was issued. This
consumes staff time and greatly confuses the collection effort. We are proposing
to limit the timeframe for appeals to 30 days from the date of the original invoice.
Please understand that the invoice date is typically 30 days after the work has
been done and 30 - 45 days after initial notification. This also is consistent with
the water system ordinance, which provides for a 30-day appeal period.
• Fee Changes - As incentive to pay invoices in a timely manner, we are
proposing that effective after September 17, 2004 (amnesty period), new
invoices for environmental and demolition issues provide for a 30% discount if
paid within thirty days.
• Publicize Worst Offenders - Some cities have had success with difficult collection
cases by publicizing names of ''worst offenders" in recognition of the fact that
unpaid invoices ultimately become the burden of the general taxpayer. We have
asked legal staff to help design guidelines for such a program and will report
back to you prior to implementation.
Please let me know if you have any questions. Thank you.
• Page3
PARAMOUNT
COLLECTION
SERVICE LLC
Memo
To: Mr. Tim Paul, Finance Director, City of Muskegon
From: Kirstin DeMaio, Collection Manager
CC:
Date: July 21, 2004
Re: Accounts Receivables Proposal
Paramount Collection Service, LLC, is a fully licensed, bonded and insured collection agency operating
in Muskegon County, Michigan under the Department of Commerce with license number 2401001767.
Paramount Collection Service, LLC, hereinafter referred to as PCS, is located at 307 Center Street,
North Muskegon, Michigan 49445. PCS was founded in Muskegon County in 1933 and has remained
locally owned and operated.
PCS has a current contract with the City of Muskegon to collect past due accounts receivables on a
contingency basis and has also provided precollection services to the City.
After recent discussion, PCS proposes to provide to the City of Muskegon the following additional
services:
• Billing Service - The City of Muskegon will transfer the initial invoices for the environmental
services to PCS via electronic submission. PCS will then send an invoice for each account on
approved and customized letterhead for the City of Muskegon. Each account will be
processed through the NCOA (National Change of Address Database) and include a self
addressed envelope and direct questions to the proper personnel at the City. Each invoice will
state net terms of 20% discount if paid in full within thirty days. PCS proposes to invoice each
account for a flat fee of 70 cents. This will include the customized letter, self addressed
envelope, postage and NCOA processing that will provide forwarding addresses for the
previous two years.
• Precollection Service Any accounts that are not paid within the first thirty day initial invoicing
will transfer automatically into precollection. Each account will then receive a letter stating that
they have been placed in the precollection program at Paramount Collection Service and
payments and questions and disputes will be directed to the agency. PCS previously worked
precollection accounts on a per charge basis of $2.00 per account for two letters that were
sent during a thirty day period and directed most correspondence to the City. PCS proposes
to change the precollection program to a more intensive program of suggested forty-five to
sixty days. Instead of a charge per account, PCS will work on a lower contingency rate of 10%
per account PCS believes this will accelerate the accounts receivables at the City of
Muskegon by increasing the invoicing of accounts and the earlier intervention of a third party.
• Full Phase Collection -Any accounts not paid or making agreed upon satisfactory payment
arrangements during the precollection phase will be transferred to the full phase collection with
the previously contracted 30% contingency rate.
As stated previously, benefits of this proposal is the probable acceleration of the accounts receivables
inventory. Another benefit is the reallocation of employee usage as the manpower required to mail
invoices would be eliminated. With the intervention of the agency in the precollection phase, employee
time and energy could be directed toward recovering more profitable accounts.
Please let me know if there are any questions regarding this information. I can be contacted at
(231)744-3600 extension 5.
• Page2
Date: July 27, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Designation of Voting Delegate and Alternate
Voting Delegate for MML Annual Meeting
SUMMARY OF REQUEST: To designate by action of the Commission,
one of our officials who will be in attendance at the Convention as an
official representative to cast the vote of the municipality at the annual
meeting; and, if possible, to designate one other official to serve as
alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION:
PLEASE RETURN BY SEPTEMBER 9, 2004
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:
Name __C_l_a_r_a_S_h_e~p_h_e_r_d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title _ _C_i_t--=y_C_o_rrnn_i_s_s_i_o_n_e_r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Our alternate official representative will be:
Name Gail Kundinger
Title _ _C_i_t_,y~C_l_e_r_lc_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Official action of governing body on ___J_u_l~y_2_7_,_2_0_0_4_ _ _ _ _ __
(date)
Submitted by tlfu,l, 0 . K_,.._,,,::J.,...,,,~r.)
Municipality City of Muskegon, 933 Terrace, Muskegon, MI
..
MICHIGAN
MUNICIPAL
OFFICIAL NOTICE TO MEMBER CITIES AND VILLAGES
OF THE MICHIGAN MUNICIPAL LEAGUE
(Please present at the next Council or Commission Meeting)
July 6, 2004
LEAGUE
Dear Official:
Preside nt
JAMES SINCLAIR The annual meeting of the members of the Michigan Municipal League will be held
Mayor Pro Tern, Rogers City on Mackinac Island, September 30 through October 2, 2004. The business session
is scheduled for 10:45 a.m. on Thursday, September 30, at the Grand Hotel. The
Vice President meeting will be held for the following purposes:
GRETCHEN DRISKELL
Mayor, Saline
1. Election of Trustees. To elect six members of the Board of Trustees
for terms of three years each.
Truste es
ALEX ALLIE
City Manager, Huntington Woods 2. Policy. To vote on statements of policy and resolutions properly
KATHLEEN BUCKNER
brought before the annual meeting.
Councilmember, Center Line
SHEILA COCKREL
3. Other Business. To transact such other business as may properly
Councilmember, Detroit come before the meeting.
MICHAEL CZYMBOR
City Administrator, Milan Designation of Voting Delegates
BARBARA HOLT
Mayor Pro Tern, Walker Pursuant to the provisions of the League Bylaws, you are requested to designate
by action of your governing body one of your officials who will be in attendance at
JERRYIRBY
Mayor, Marquette the Convention as your official representative to cast the vote of the municipality
at the annual meeting, and, if possible, to designate one other official to serve as
ROBERT JONES
Mayor, Kalamazoo alternate. After taking this action, please return the enclosed reply card no later
than September 9, 2004.
KAREN LAWRENCE-WEBSTER
Finance Director/Treasurer, Saginaw
In connection with the designation of an official representative of the member to
THOMAS MARKUS
City Manager, Birmingham
the annual meeting, your attention is invited to the following provisions of the
Bylaws of the Michigan Municipal League :
MICHAEL MATHENY
Mayor, Grand Blanc
"Section 4.4 - Votes of Members. Each member city and village shall be
SPENCER NEBEL equally privileged with all other members in its voice and vote in the
City Manager, Sault Ste. Marie
election of officers and upon any proposition presented for discussion or
FLORENCE SCHRADER decision at any meeting of the members. Honorary members shall be
Treasurer, Ubly
entitled to participate in the discussion of any question, but such members
MARGENE ANN SCOTT shall not be entitled to vote. The vote of each member shall be cast by its
Councilmember, Madison Heights
official representative attending the meeting at which an election of officers
CLARA SHEPHERD or a decision on any proposition shall take place. Each member shall, by
Commissioner, Muskegon
action of its governing body prior to the annual meeting or any special
WILLIAM STEWART meeting, appoint one official of such member city or village as its principal
City Manager, Coldwater
official representative to cast the vote of the member at such meeting, and
JOSEPH YUCHASZ may appoint one official as its alternate official representative to serve in
Village President, Elk Rapids
the absence or inability to act of the principal representative.
Executive Director
GEORGE D. GOODMAN
A member of the National League of Cities
Web Address Headquarters Office Lansing Office Northern Field Office
www.mml.org 1675 Green Road, P.O. Box 1487 320 N. Washington Square, Suite 110 200 Minneapolis Avenue
Ann Arbor, Ml 48106-1487 Lansing, Ml 48933-1288 Gladstone, Ml 49837-1931
Phone: 734-662-3246 Phone: 517-485-1314 Phone: 906-428-0100
Fax: 734-662-8083 Fax: 517-372-7476 Fax: 906-428-0101
-2-
Election of Trustees
In connection with election of officers, under Section 5.3 of the Bylaws, six members of the
Hoard of Trustees will be elected at the annual meeting for a term of three years. The
,egu!ations of the Board of Trustees require the Nominations Committee to complete its
rncornmenc!ations and post the names of the nominees for the Board of Trustees on the bulletin
board of the registration desk at least four hours before the hour of the business meeting.
Resolution
In connection with consideration of resolutions and statements of policy, under Section 4.5 of
the Bylaws of the League, the Board of Trustees acts as the Resolutions Committee, and no
resolution or motion, except procedural and incidental matters having to do with business
propnrly before the annual meeting or pertaining to the conduct of the meeting, shall be
considered at the annual meeting unless it is submitted to the meeting by the Board of
Trustees. The proposed Michigan Municipal League Policies and any new proposed Resolutions
rncornrnended by the Board of Trustees for adoption by the membership will be printed and
distributed prior to the Convention, to permit governing bodies of member cities and villages to
havo ,m opportunity to review such proposals and delegate to their voting representative the
responsibility for expressing the official point of view of the member at the annual meeting.
The Goard of Trustees will meet on Wednesday, September 29, at the Grand Hotel on
Mackinac Island for the purpose of considering such other matters as may be requested by the
membership.
Sincerely,
James L. Sinclair
President
Georg . Goodman,
Executive Director
GDG/cll
Enc.
I:\rne0ting s\conv\f orms\otficial letter
Commission Meeting Date: July 27, 2004
Date: July 20, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Zoning Ordinance Amendment for alcohol sales
SUMMARY OF REQUEST:
Request to amend Section 401 of Article IV (R-1, Single Family Residential); Section
601 of Article VI (RT, Two Family Residential); Section 701 of Article VII (RM-1, Low
Density Multiple-Family Residential); Section 801 of Article VIII (RM-2, Medium Density
Multiple-Family Residential); Section 901 of Article IX (RM-3, High Density Multiple-
Family Residential) to amend the Special Land Use language in regards to permit uses
serving and selling alcohol.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend language regarding
alcohol sales.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/15 meeting.
T. Harryman, B. Mazade, P. Sartorius, T. Johnson, T. Michalski, and L. Spataro voted
in favor of the change. B. Smith voted against. S. Warmington and J. Aslakson were
absent.
7/20/2004
Commission Meeting Date: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.6 &-
RE: Rezoning request for property located at 407 Marquette Ave.
(SE comer of Marquette Ave. and Wood St.)
SUMMARY OF REQUEST:
Request to rezone property located at 407 Marquette Ave., at the SE corner of
Marquette Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited
Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission voted to deny the request at their 6/1 O meeting.
Commissioners S. Warmington and B. Smith voted against denial. Commissioner B.
Mazade was absent.
6/15/2004
CITY OF MUSKEGON
RESOLUTION #2004- 70 ( d)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 407 Marquette Ave., at SE corner of Marquette
Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited Business was considered by
the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on June I0, 2004,
and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 27 thaay of July, 2004.
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: Larson
Absent: None
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, a a regular meeting held
on July 27, 2004. ~ .-:_~~~~~~
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June IO, 2004
Hearing; Case 2004-1: Request to rezone the property located at 407 Marquette Ave. from R-1,
Single-Family Residential to B-1, Limited Business, by Ray Reasonover.
BACKGROUND
This is a case that was heard by the Planning Commission during the regular January meeting.
Due to unforeseen circumstances, the City Commission has asked staff to restart the rezoning
process with the Planning Commission. Minutes from the January meeting are provided at the
end of this case for your reference.
1. This request includes the property at the southeast corner of Marquette Ave. and Wood St. The
prope,ty currently contains a small 'corner store' type of mini-matt and additional vacant space.
There a,·e two special use permits in place on this property - one for the mini-mart and a second
for a youth recreational center which has never materialized.
2. The subject property is currently zoned R-1, Single-Family Residential. The Zoning Ordinance
was amended several years ago to allow existing previously nonconforming commercial
structures in residential districts to be used for vai'ious low-scale commercial uses. This language
is how the special use permits on the subject property were approved. The intent of this language
is to allow some practical use for these buildings which would not likely be either renovated or
torn down for residential uses and would otherwise sit vacant. The language also allows smale
scale, low intensity uses, similar to those allowed in the B-1, Limited Business zoning district, in
or near neighborhoods. This helps to promote the idea of 'neighborhood businesses'.
3. When the language was included that allowed these commercial buildings to be used
commercially in residential zones, several conditions were also included. One of these conditions
is that ce1tain types of uses me prohibited under this language, "Prohibited uses: Activities
spec/fically prohibited include repair or sen,ice of111otor vehicles and other large equipment; uses
serving or selling alcohol, mcmufacturing processes which would normally require industrial
zoning; any activity which may become a nuisance due to noise, unsightliness or odor; and any
activity which may adversely affect surrounding property."
4. When the Special Use Pe1mit was approved for the mini-mart in August of 2001, one of the
conditions of the pennit reinforced the prohibition against selling alcohol on the site. At the time,
the prope1ty owner stated that he had no intention of selling alcohol in the store. However, since
6/15/04 4
that time the prope1ty has changed hands and the store has a new owner/operator. The cmTent
owner would like to sell alcohol in the store.
5. As the sale of alcohol is prohibited on this site both by the ordinance language allowing the
propetty to be re-used commercially and by the approved Special Use Pe1mit for this property, the
applicant is asking that the property be rezoned to a commercial designation. The prohibition
against alcohol sales does not appear in the B-1 dist1ict language - it was added specifically to the
special use pe1mit language for commercial buildings in residential districts. If the property were
to be rezoned to B-1 and the Special Use Pennit were dissolved (since the use of the property as a
store would be allowed in the B-1 district by right, the Special Use Permit would no longer be
necessary), then the applicant would be free to seek a liquor license in order to sell alcohol on the
property.
6. The City owns several vacant parcels of property directly adjacent to the subject property. This
comer is a somewhat busy one since Marquette Ave. and Wood St. each carry a heavier load of
traffic than a minor residential street. To the south of the subject property is an existing church.
Although this general area is entirely zoned for single-family residential, this particular block does
not contain any existing homes. However, given the recent level of increased interest in the
Jackson Hill neighborhood for single-family building projects, there is a good likelihood that the
City-owned parcels may be in demand in the near future for single-family residential purposes.
7. The closest area to the subject property which is already currently zoned for commercial use is at
the comer of Marquette Ave. and Getty St., where there is some B-1 zoning. There is not much
commercial zoning existing within the Jackson Hill neighborhood. The subject property is located
at probably the busiest comer in this neighborhood. If any corrunercial zoning were to be located
in this neighborhood, the subject property would probably be the most practical spot for it.
However, the zoning ordinance does permit small scale commercial use on this property without it
needing to be rezoned, and the special use pennit language is even more restrictive than the B-1
district, which helps to further protect the surrounding neighborhood.
8. The Future Land Use Map shows the subject property as "Single & Two-Family".
9. The Master Land Use Plan states:
♦ It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while
setting aside small segments suitable for commercial and industrial uses in a highly
compatible, non-threatening, fashion.
♦ Single-family homes are found throughout the sub-area including many new homes located in
the Marquette neighborhood. They range from well to poorly maintained dwellings. Sub-
Area 12 has the highest concentration of homes experiencing significant site deterioration. A
variety of schools and churches are interspersed throughout and compliment the residential
flavor of the area.
10. The Master Plan recommends for this sub-area:
♦ Clustered commercial development should be confined to the US-31 and Getty Street
intersections, consistent with similar development identified in Sub-Areas 3 and 4.
11. Staff received the following email on 5-31-04
6/15/04 5
City of Muskegon Planning Commission
P.O. Box536
Muskegon, MI 49443
Dear Sir/Madam:
I am writing in opposition to the zoning request to change 401 Marquette to
Limited Business.
This comer is in the midst of the Jackson Hill neighborhood. As you are
well aware, the Jackson Hill area is making a tum-around and becoming a
safe and pleasant neighborhood for families again. A number of homes have
been fixed np and there are more and more homeowners in the area.
The comer proposed for changing to limited business is directly across
from a neighborhood park, where children walk to play and families have
picnics. The neighborhood park reinforces the residential feel of the
neighborhood and the family oriented atmosphere.
The business that is cuffently located on that corner is an eyesore.
Instead of increasing its presence, it should be removed.
Sincerely,
Cathy Simons
455 Leonard Street
6/15/04 6
City of Muskegon
Planning Commission
Case# 2004-24
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6/15/04 7
ORDINANCE EXCERPTS
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize that
the City of Muskegon has been developed and platted with some lots th:11 are smaller than those found in recently urbanized
communities, and the standards in Section 2100 reflect residential development standards that the citizens of Muskegon find
to be compatible.
SECTION 400: PRINCWAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but are not
limited to the following: [amended I I/02]
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred (1,500)
feet from any other similar facility. [amended 11/02]
3. Accessrny buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
4. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMTITED {amended 2/02{
The following uses, and their accessory buildings and accessory uses, shall be pem1itted under the purview of Section 2332
after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject
to the applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit
swimming pool clubs, all subject to the following conditions: {amended 2/02]
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
general, technical, or religious education not operated for profit, all subject to the following conditions:
3, Churches and other facilities normally incidental thereto subject to the following conditions:
6/15/04 8
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such uses are
set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be authorized
under Special Use Permit for the following lamended 12/99j:
7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 4()2: IBESERVEDl (amended 8/0]1
SECTION 4()3: PLANNED UNIT DEVELOPMENT OPTION (amended 12/971
SECl'!ON 4(}4: AREA AND BULK REQUIREMENTS (amended 4/001
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent residential
areas or neighborhoods, and to permit only such uses as are necessary to satisfy those limited basic, daily shopping and/or
service needs, which by their very nature are not similar to the shopping patterns of the B-2 convenience and Comparison,
B-3 Central Business District, and B-4 General Business Districts. B-1 Districts are also intended to be utilized at planned
locations in the City as zones of transition between major thoroughfares and residential areas, and between intensive
nonresidential areas and residential areas. In the B-1 District all business establishments shall be retail and/or service
establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or loading, shall be conducted within a
completely enclosed building, or in an area specifically approved by the City.
SECTrON 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally altered, or
occupied except for one (I) or more of the following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies new commodities on the premises for persons residing in
adjacent residential areas such as: groceries, meats, dai1y products, baked goods or other foods, drngs, drygoods,
and notions or hardware. No individual uses, either freestanding or in a group of uses, shall exceed two thousand
five hundred (2,500) square feet in area.
2. Any personal service establishment which pe1forms services on the premises for persons residing in adjacent
residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker,
6/15/04 9
tailor, pham,acist. or an establishment doing radio, television, or home appliance repair, and similar establishments
that require J retail character no more objectionable than the aforementioned, subject to the provision that no more
than five (5) persons shall be employed at any time in the sale, repair, or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers, accountants, and
similar or allied professions. No individual use shall exceed two thousand five hundred (2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional. No
individual use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as pmt of a building in this zone shall be allowed upon issuance of a Certificate of Occupancy
from the Department of Inspections, provided that the minimum lot area requirements of the RM-I District are
met.
6. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION I 00 I: SPECIAL LAND USES PERMITTED
The following area, and their accessory buildings and accessory uses, shall be pennitted under the purview of Section 2332
after review and approval of the use ( and a site plan, if required} by the Planning Commission, after Public Hearing, subject
to the applicable conditions and any other reasonable conditions imposed by the Planning Commission. A site plan shall
not be required when there are no external changes made to the buildings or properties.
1. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
2, Churches and other facililies normally incidental thereto subject to the following conditions:
3. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
4. Uses similar to the above Special Land Uses Permitted.
SECTION I 002: PLANNED UNIT DEVELOPMENTS
SECTION !003: AREA AND BULK REQUIREMENTS [amended 4/00]
Excerpt minutes from the January 15 Planning Commission Meeting]
Hearing: Case 2004-1: Request to rezone the property located at 407 Marquette Ave. from R-1, Single-Family Residential
to B-1. Limited Business. by Ray Reasonover. D. Steenhagen presented the staff reprnt. This request includes the prope11y
at the southeast corner of Marquette Ave. and Wood St. The prope1ty currently contains a small 'comer store· type of mini-
mart and additional vacant space. There are two special use permits in place on this property - one for the mini-ma1t and a
second for a youth recreational center. which has never materialized. The subject prope11y is currently zoned R-1, Single-
Family Residential. The Zoning Ordinance was amended several years ago to allow existing previously nonconforming
commercial strnctures in residential districts to be used for various low-scale commercial uses. This language is how the
special use permits on the subject prope11y were approved. The intent of this language is to allow some practical use for
6/15/04 10
these buildings which would not likely be either renovated or tom down for residential uses and would otherwise sit vacant.
The language also allows small scale, low intensity uses, similar to those allowed in the B-1. Limited Business zoning
district, in or near neighborhoods. This helps to promote the idea of 'neighborhood businesses'. When the language was
included that allowed these commercial buildings to be used commercially in residential zones, several conditions were also
included. One of these conditions is that certain types of uses are prohibited under this language, "Prohibited uses:
Activities specifically prohibited include repair or se,vice (d motor vehicles and other· large equipment; uses sen1ing or
selling alcohol, manufacturing processes lvhich would normally require industrial wning; any activity which may become
a nuisance due to noise, unsightliness or odor: and any aclil'ity 1-vhich may adversely ajfec/ surrowiding properly." When
the Special Use Permit was approved for the mini-mart in August of 2001, one of the conditions of the permit reinforced the
prohibition against selling alcohol on the site. At the time, the property owner stated that he had no intention of selling
alcohol in the store. However, since that time the property has changed hands and the store has a new owner/operator. The
current owner would like to sell alcohol in the store. As the sale of alcohol is prohibited on this site both by the ordinance
language allowing the property to be re-used commercially and by the approved Special Use Permit for this property, the
applicant is asking that the property be rezoned to a commercial designation. The prohibition against alcohol sales does not
appear in the B-1 district language - it was added specifically to the special use permit language for commercial buildings in
residential distlicts. If the property were to be rezoned to B-1 and the Special Use Permit were dissolved (since the use of
the property as a store would be allowed in the B-1 district by right, the Special Use Permit would no longer be necessary),
then the applicant would be free to seek a liquor license in order to sell alcohol on the property. The City owns several
vacant parcels of property directly adjacent to the subject property. This corner is a somewhat busy one since Marquette
Ave. and Wood St. each carry a heavier load of traffic than a minor residential street. To the south of the subject property is
an existing church. Although this general area is entirely zoned for single-family residential, this particular block does not
contain any existing homes. However, given the recent level of increased interest in the Jackson Hill neighborhood for
single-family building projects, there is a good likelihood that the City-owned parcels may be in demand in the near future
for single-family residential purposes. The closest area to the subject property which is already currently zoned for
commercial use is at the corner of Marquette Ave. and Getty St., where there is some B-1 zoning. There is not much
commercial zoning existing within the Jackson Hill neighborhood. The subject prope11y is located at probably the busiest
corner in this neighborhood. If any commercial zoning were to be located in this neighborhood, the subject properly would
probably be the most practical spot for it. However, the zoning ordinance does permit small scale commercial use on this
prope11y withou,t it needing to be rezoned, and the special use permit language is even more restrictive than the B-1 district,
which helps to further protect the surrounding neighborhood. The Future Land Use Map shows the subject property as
"Single & Two-Family". The Master Land Use Plan states: It is the goal of the Master Plan to maintain the residential
integrity of the sub-area, while setting aside small segments suitable for commercial and industrial uses in a highly
compatible, non-threatening, fashion. Single-family homes are found throughout the sub-area including many new homes
located in the Marquette neighborhood. They range from well to poorly maintained dwellings. Sub-Area 12 has the highest
concentration of homes experiencing significant site deterioration. A variety of schools and churches are interspersed
throughout and compliment the residential flavor of the area. The Master Plan recommends for this sub-area: Clustered
commercial development should be confined to the US-31 and Getty Street intersections, consistent with similar
development identified in Sub-Areas 3 and 4. B-l is intended as a 'neighborhood' commercial zoning designation. and only
allows small scale, low intensity commercial uses. The square footage of most permitted uses in the B-1 district is limited to
2.500 square feet. If the Planning and City Commissions were inclined to approve a rezoning for this prope11y to a
commercial designation, staff would tee! most comfortable with the B-1 district there. However, since the existing
ordinance language and special use permit do allow small scale commercial uses (including the cun-ent use) at this site
without a rezoning, staff would recommend denial of this request.
D. Steenhagen stated that in 1997 a use variance was issued. but not used. One of the conditions was that alcohol wouldn't
be sold. In 1999 there was a request to rezone the property to B-2, which was denied.
The commission members were provided with a copy of a signed petition in favor of this request by the applicant. T.
Michalski asked if there were any laws governing a liquor license within the proximity of a church. D. Steenhagen stated
that State luw doesn't allow it within 500 ft. of a church or school. B. Smith asked about the youth center. D. Steenhagen
stated that the applicant for the youth center was still interested in pursuing this, it hadn't happened yet. T. Johnson asked if
the grocery store was currently operating at the location. D. Steenhagen stated that it was. R. Reasonover stated that he is
6/15/04 11
the owner of the prope11y. He also owns the grocery store. He explained what his intentions were for the store. He would
like to help people in the neighborhood by having grocery delivery for senior citizens. He would like to be able to offer the
things that the people in the neighborhood could purchase, as many of them don't have a vehicle. He has had many requests
from his patrons who would like to be able to purchase beer and wine. J. Aslakson asked if the applicant was aware of the
condition that no alcohol could be sold on the property when he purchased it. R Reasonover stated that he was. B. Smith
asked if he had spoken to anyone from the Jackson Hill Church. R. Reasonover stated that he hadn't, but his son had
spoken to some of the members. They weren't as concerned about the sale of beer and wine as they were about the
possibility of the sale of lotto and loitering. P. Sartorius asked if staff had heard from the neighborhood association. D.
Steenhagcn stated that she hadn't. R. Reasonover stated that he had spoken to them. P. Sartorius asked if there were any
other stores in this area. R. Reasonover stated that there aren't. T. Johnson asked if the neighborhood association had any
concerns. R. Reasonover stated that he had spoken to the president of the neighborhood association. They discussed some
of the concerns and the president had told him that they didn't have any problem with this request as long as the concerns
were addressed. Some of the concerns were patrons loitering around the building and trash not being disposed of properly.
He stated that he would be adding more lighting to the exterior and if he needed to; he would hire a security guard. P.
Sartorius read the petition that the applicant had provided. He stated that there were 6 l/3 pages of signatures.
A motion to close the public hearing was made by J. Aslakson, supported by B, Smith and unanimously approved.
B. Mazade and S. Warmington arrived at 4: 19 p.m.
J. Aslakson stated that it would be more profitable to have beer and wine on the premises. He would have a problem with
approving this request. The first problem is that there are vacant lots near this site and there has been a lot of new
construction in the area. He felt that it may be more difficult for the new construction to continue for the vacant lots around
the market if it were to sell beer and wine. Another problem he has is that SUP's stay with the property. Should Mr.
Reasonover sell the property later on, it doesn't mean that the new owner would continue with the service that Mr.
Reasonover would like to provide. D. Steenhagen added that if the property were to be rezoned, any special use permits as
well as their conditions, would be moot. L. Spataro stated that he is also uncomfortable with approving this request. He
named off other stores that were close to this neighborhood that already sell beer and wine.
A motion that the request the property at 407 Marquette Ave. as de.scribed in the public notice, from R-1, Single-Family
Residential to B-1, Limited Business be recommended for denial to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the detennination of lack of compliance with the intent of the City Master Land Use Plan and
zoning district intent, was made by J. Aslakson, supported by L. Spataro and approved with B. Smith and T. Michalski
voting nay and B. Mazade and S. Warmington abstaining.
RECOMMENDATION
B-1 is intended as a 'neighborhood' commercial zoning designation, and only allows small scale, low
intensity commercial uses. The square footage of most pem1itted uses in the B-1 district is limited to
2,500 square feet. If the Planning and City Commissions were inclined to approve a rezoning for this
prope1ty to a commercial designation, staff would feel most comfo1table with the B-1 district there.
However, since the existing ordinance language and special use pe1mit do allow small scale
commercial uses (including the cu1Tent use) at this site without a rezoning, staff would recommend
denial of this request.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
6/15/04 12
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
smrnunding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of
the City.
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsu1face water quality
d. The loss of' valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
DETERMINATION
The following motions are offered for consideration:
I move that the request the prope11y at 407 Marquette Ave. as described in the public notice, from R-1,
Single-Family Residential to B-1, Limited Business be recommended for (approval/denial) to the
City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination of
(compliance/lack of compliance) with the intent of the City Master Land Use Plan and zoning
district intent.
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