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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 23, 2004 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • INTRODUCTIONS/PRESENTATION • CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Sale of Marginal Lot at 712 Marquette Avenue. PLANNING & ECONOMIC DEVELOPMENT c. Sale of Non-Buildable Lot at 214 Washington Avenue. PLANNING & ECONOMIC DEVELOPMENT d. Sale of Non-Buildable Lot at 545 E. Forest Avenue. PLANNING & ECONOMIC DEVELOPMENT e. Sale of Non-Buildable Lot at 1355 Leonard Avenue. PLANNING & ECONOMIC DEVELOPMENT f. FIRST READING: Zoning Ordinance Amendment for Permits. PLANNING & ECONOMIC DEVELOPMENT g. Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program. PLANNING & ECONOMIC DEVELOPMENT h. Beverage Vending Contract for Parks. LEISURE SERVICES i. SECOND READING: Public Safety Administration Ordinances. CITY MANAGER j. Approval of Conveyance Application to the State of Michiaan. COMMUNITY & NEIGHBORHOOD SERVICES k. Consideration of Bids - Austin Street. Barney to Delano. ENGINEERING I. Beach Leveling Bids. LEISURE SERVICES • PUBLIC HEARINGS: a. Resolution Revoking an Industrial Development Certificate Hardwoods, Inc. PLANNING & ECONOMIC DEVELOPMENT b. Create a Special Assessment District for Millard Avenue. Lake Dunes Drive to End. ENGINEERING c. Create a Special Assessment District for Western Avenue, Pine to Terrace. ENGINEERING d. Create a Special Assessment District for Yuba Street. Eastern to Sumner. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: a. 2004 - 2005 CDBG/HOME Allocations. COMMUNITY & NEIGHBORHOOD SERVICES b. FIRST READING: Rezoning Request for Property Located at 955 W. Laketon. PLANNING & ECONOMIC DEVELOPMENT c. Public Safety Position Salary Ranges. CITY MANAGER d. Termination of Purchase Agreement for Seaway Industrial Park. CITY MANAGER e. Fire Grant Application Request. CITY MANAGER f. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 483 W. Muskegon. INSPECTION SERVICES g. City Commission 2004/2005 Vision. Value, Mission Statements. ASSISTANT CITY MANAGER • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Fill out a request to speak form attached to the agenda or located in the back of the room. • Submit the form to the City Clerk. • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • Limit of 3 minutes to address the Commission. • {Speaker representing a group may be allowed 10 minutes if previously registered 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. MEMO TO: Mayor Warmington, the Commission, and Bryon Mazade FROM: Clara Shepherd DATE: February 6, 2004 RE: Absent from meetings in March 2004 Commissioner Shepherd will be out of town and not available for any meetings from March 5th thru March 9 th and March 23 rd & 24 th • Date: March 23, 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 Goal Setting Session that was held on Friday, February 27, 2004; the Commission Worksession that was held on Monday, March 8, 2004; and the Regular Commission Meeting that was held on Tuesday, March 9, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 23, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 23, 2004. Mayor Warmington opened the meeting with a prayer from Reverend Nana Kratochvil of Harbor Unitarium Universalist Church after which the Commission and Public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners Chris Carter, Kevin Davis, Stephen Gawron and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger. Commissioner Clara Shepherd excused. 2004-29 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Goal Setting Session that was held on Friday, February 27, 2004; the Commission Worksession that was held on Monday, March 8, 2004; and the Regular Commission Meeting that was held on Tuesday, March 9, 2004. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. b. Sale of Marginal Lot at 712 Marquette Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel #24-405-001-0002-00) at 712 Marquette Avenue to Simons Development, LLC, owners of 720 Marquette Avenue and Patrick & Julie Stone, 704 Marquette Avenue, Muskegon, Ml 49442. Approval of this sale will allow Simons Development, LLC to own a house located on a buildable lot, as well as allowing both property owners to expand their current yards. As is required by City policy, the subject parcel is being offered for $1, and will be split between Simons Development, LLC and the Stones under the Dollar Lot Policy. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. c. Sale of Non-Buildable Lot at 214 Washington Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-398-0010-00) at 214 Washington Avenue to Dante Agnew, owner of 222 Washington Ave., Muskegon, Ml. Approval of this sale will allow Mr. Agnew to expand his current yard as well as have a buildable lot. The property owner to the east of this City-owned lot is a landlord with numerous outstanding invoices, and was therefore not considered as a candidate to purchase a portion of this lot. This lot is being offered to Mr. Agnew for $1 under the Dollar lot Marketing Policy. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. d. Sale of Non-Buildable Lot at 545 E. Forest Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-102-0027-00) at 545 E. Forest Ave. to Donald Steele, of 539 E. Forest Ave., Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand his current yard. The other adjacent property owner was offered a portion of this lot, but was not interested. This lot is being offered to Mr. Steele for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. e. Sale of Non-Buildable Lot at 1355 Leonard Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-613-000-0827-00) at 1355 Leonard Ave., to Richard Finneman, owner of 1363 Leonard Ave., Muskegon, Ml. Approval of this sale will allow the adjacent property owner to build a home on his current property, which will include this parcel. The other adjacent property owner was offered a portion of this lot, but didn't respond. This lot is being offered to Mr. Finneman for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. f. FIRST READING: Zoning Ordinance Amendment for Permits. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2311 (Accessory Structures and Buildings) of Article XXIII (General Provisions) of the City's Zoning Ordinance to add language regarding permits. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to add language regarding permits. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 3/11 meeting. The vote was unanimous with T. Johnson absent. g. Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC) currently has a local Mainstreet designation. Funding has come from both the Downtown Arts and Entertainment District and NIC. The opportunity is now available to apply for a State Mainstreet designation. This would allow for direct training and other benefits from the National Trust for Historic Preservation Mainstreet program. NIC will be making application to the State for this designation. The resolution lends the commitment and cooperation of the City of Muskegon in this effort. FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind services through the Planning and Economic Development staff (e.g. mapping, printing). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign. h. Beverage Vending Contract for Parks. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract to Pepsi to provide vending service throughout the City Parks. FINANCIAL IMPACT: Approximately $5,000 in revenue. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: The Leisure Services Board recommends that a contract be awarded to Pepsi. j. Approval of Conveyance Application to the State of Michigan. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the Community and Neighborhood Services office request to obtain 407 Catherine from the State of Michigan which is currently an attractive nuisance in the Community. After the CNS office obtains 407 Catherine the remaining structure will be demolished and the sale will be redeveloped. FINANCIAL IMPACT: CNS office will supply three hundred dollars for the application from available HOME funding. The cost of demolition, which will be approximately $8,500 will also be covered by HOME funds from a prior year allocation. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request and have the Mayor sign the application to the State of Michigan. k. Consideration of Bids - Austin Street. Barney to Delano. ENGINEERING SUMMARY OF REQUEST: The contract to reconstruct Austin St. (H-1544) between Barney and Delano be awarded to Grant Tower Excavating out of Grant Tower was the lowest bid tabulation, responsible bidder with a bid price of $169,440.81. FINANCIAL IMPACT: The construction cost of $169,440.81 plus related engineering expenses. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the contract to Grant Tower Excavating. I. Beach Leveling Bids. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract with Felco Contractors to level Pere Marquette Beach and remove the snow fence. FINANCIAL IMPACT: Contract Price $57,100 which represents about a $9,500 saving from having City workers do the work. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve. Motion by Commissioner Spataro, second by Commissioner Carter to approve the Consent Agenda as read minus item i. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Excused: Shepherd MOTION PASSED 2004-30 ITEMS REMOVED FROM CONSENT AGENDA i. SECOND READING: Public Safety Administration Ordinances. CITY MANAGER SUMMARY OF REQUEST: To adopt three ordinances to implement the proposed Public Safety Administrative Consolidation. FINANCIAL IMPACT: First year savings of over $100,000. BUDGET ACTION REQUIRED: The savings will be accounted for in a future quarterly budget update. STAFF RECOMMENDATION: To approve the ordinances. Motion by Commissioner Spataro, second by Vice Mayor Larson to adopt the three ordinances to implement the proposed Public Safety Administrative Consolidation. ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter Nays: None Excused: Shepherd MOTION PASSED 2004-31 PUBLIC HEARINGS: a. Resolution Revoking an Industrial Development Certificate - Hardwoods, Inc. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4 as amended, the City of Muskegon requests that Industrial Development Certificate (IFT) No. 00-491 issued to Hardwoods, Inc., 1885 E. Laketon Ave. be revoked. The certificate was originally requested August 8, 2000. Hardwoods, Inc. ceased operations March 15, 2004. FINANCIAL IMPACT: None, since the business never really got into production. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold the public hearing and authorize the Mayor and Clerk to sign the resolution revoking IFT certificate No. 00-491. The Public Hearing opened at 5:43pm to hear comments from the public. No comments were heard at this time. Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public Hearing at 5:44pm and to revoke the IFT Certificate, No 00-491 issued to Hardwoods, Inc and authorize the Mayor and Clerk to sign the resolution. ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis Nays: None Excused: Shepherd MOTION PASSED b. Create a Special Assessment District for Millard Avenue, Lake Dunes Drive to End. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Millard from Lake Dunes Dr. to West End project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 5:45pm to hear comments from the public. Comments in opposition were heard from Gary Dill of 3335 Millard and Susan Lyne of 3340 Millard. Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public Hearing at 6:01pm and to deny creation of special assessment district for the Millard from Lake Dunes Dr., to West End project. ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron Nays: None Excused: Shepherd MOTION PASSED c. Create a Special Assessment District for Western Avenue, Pine to Terrace. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Western Ave., Pine to Terrace project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. Furthermore, should the district be created, your permission is requested to add this project onto the Shoreline Dr. project with Milbocker & Sons as a change order utilizing all applicable unit prices on said project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 6:02pm to hear comments from the public. No comments were heard at this time. Motion by Commissioner Spataro, second by Commissioner Gawron to close the Public Hearing at 6:07pm and to approve the special assessment district for Western Ave., Pine to Terrace project and assign Commissioner Shepherd and Mayor Warmington to the Board of Assessors, and to also add this project onto the Shoreline Dr. project with Milbocker and Sons. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis Gawron, Larson Nays: None Excused: Shepherd MOTION PASSED d. Create a Special Assessment District for Yuba Street. Eastern to Sumner. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Yuba St., Eastern to Sumner project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 6:07pm to hear comments from the public. Comments in opposition were heard from Kenneth Martin, 505 Yuba, Roland Jones, 595 Yuba, and Frank Williams, 516 Yuba. Motion by Commissioner Davis, second by Commissioner Spataro to close the Public Hearing at 6:31 pm. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None Excused: Shepherd MOTION PASSED Motion by Commissioner Spataro, second by Commissioner Gawron to create the special assessment district for Yuba St., Eastern to Sumner project. ROLL VOTE: Ayes: Gawron, Spataro Nays: Warmington, Carter, Davis, Larson Excused:Shepherd MOTION FAILS 2004-32 NEW BUSINESS: a. 2004 - 2005 CDBG/HOME Allocations. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To accept the administrations and Citizens District Councils recommendation in regards to the 2004-2005 CDBG/HOME anticipated entitlement and to make the Commissions preliminary allocation decision. The Commission is scheduled to make their final decision regarding the 2004-2005 CDBG/HOME allocation entitlement during the Public Hearing scheduled for April 13, 2004. FINANCIAL IMPACT: Uncertain at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the administration recommendation. Motion by Vice Mayor Larson, second by Commissioner Davis to accept the administrations and Citizens District Councils recommendation in regards to the 2004-2005 CDBG/HOME anticipated entitlement and to make the Commissions preliminary allocation decision. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Excused: Shepherd MOTION PASSED b. FIRST READING: Rezoning Request for Property Located at 955 W. Laketon. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon from B-4 General Business to RT, Two Family Residential. 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 3/11 meeting and recommended that the City Commission ask the ZBA to reconsider the hardship application for this property. The denial request was approved with S. Warmington, B. Smith and T. Michalski voting nay. T. Johnson was absent. Motion by Vice Mayor Larson, second by Commissioner Carter to table the request to rezone property located at 955 W. Laketon and refer it back to Zoning Board of Appeals for reconsideration of hardship status and pay no additional fees. ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter Nays: None Excused: Shepherd MOTION PASSED c. Public Safety Position Salary Ranges. CITY MANAGER SUMMARY OF REQUEST: To approve the salary ranges for the Director of Public Safety and the Deputy Director of Public Safety for Fire Services. FINANCIAL IMPACT: Included in the net savings of $100,000 for Public Safety Administrative consolidation. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the salary ranges. Motion by Commissioner Spataro, second by Commissioner Carter to approve the salary ranges for the Director of Public Safety and the Deputy Director of Public Safety for Fire Services. ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis Nays: None Excused: Shepherd MOTION PASSED d. Termination of Purchase Agreement for Seaway Industrial Park. CITY MANAGER SUMMARY OF REQUEST: To terminate the Real Estate Purchase Agreement and Development Agreement with Seaway Industrial Park, L.C. (Grooters). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the termination of the agreements. Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the termination of the Real Estate Purchase Agreement and Development Agreement with Seaway Industrial Park, L.C. (Grooters) ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron Nays: None Excused: Shepherd MOTION PASSED e. Fire Grant Application Request. CITY MANAGER SUMMARY OF REQUEST: The Fire Department is requesting City Commission permission to apply for 2004 United States Fire administration "Assistance to Firefighters Grant Program" to provide firefighter equipment to enhance operational safety. FINANCIAL IMPACT: $10,000 match through department capital funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of grant application to USFA for fire equipment acquisition. Motion by Commissioner Carter, second by Commissioner Spataro to approve the grant application for 2004 United States Fire Administration "Assistance to Firefighters Grant Program" to provide firefighter equipment to enhance operational safety. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None Excused: Shepherd MOTION PASSED f. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 483 W. Muskegon. INSPECTION SERVICES SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 483 W. Muskegon Ave., - Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. CASE & PROJECT ADDRESS: #EN-030163 Address; 483 W. Muskegon Ave. LOCATION AND OWNERSHIP: This structure is located on W. Muskegon between 51h and 61h Streets and is owned by Anthony and Terrson Bethea of Muskegon. STAFF CORRESPONDENCE: This case began with a police report of unsafe conditions and a break in of this vacant house. A dangerous building inspection was conducted on 10/9/03 and an interior inspection was conducted 10/22/03. The notice and order to repair or remove was issued 11 /13/03. On 1/8/04 the HBA declared the structure, with the Director of Inspections stating he would delay taking the case to City Commission for 60 days. OWNER CONTACT: The owner contacted the Inspection after he purchased the house at the State auction 9/17 /03. He was also present for the interior inspection and HBA meeting on 1/8/04. At that time he stated he was aware of the required repairs, but had a financial set back. He was working with NIC and getting estimates for repairs. On 12/8/03 he called the Inspection office and stated he was not getting help form NIC and asked for a 60-day extension to try to sell the house. FINANCIAL IMPACT: The demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None SEV: $10,600 ESTIMATED COST OF REPAIRS: $12,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals to demolish the structure located at 483 W. Muskegon Ave. and to direct administration to obtain bids for the demolition. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None Excused: Shepherd MOTION PASSED g. City Commission 2004/2005 Vision. Value. Mission Statements. ASSISTANT CITY MANAGER SUMMARY OF REQUEST: On February 27, 2004 the City Commission and staff participated in their annual goal setting session. The Vision, Value and Mission statements, along with a set of prioritized issues/projects are the result of that undertaking. Staff is requesting approval of both documents. FINANCIAL IMPACT: None BUDGET ACTION: None STAFF RECOMMENDATION: Staff recommends approval. Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the Vision, Value and Mission document and the Issues/Projects Ratings document. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Spataro Nays: None Excused: Shepherd MOTION PASSED 2004-33 ANY OTHER BUSINESS: Motion by Commissioner Carter, second by Commissioner Spataro to approve the resolution for Mr. Enous Lee. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Excused: Shepherd MOTION PASSED The Regular Commission meeting for the City of Muskegon was adjourned at 7:40pm. Respectfully submitted, ~D.LcL. Gail A. Kundinger, MMC 6 City Clerk Commission Meeting Date: March 23, 2004 Date: March 1 o, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development cJf-/ RE: Sale of Marginal Lot at 712 Marquette Avenue SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel #24-405-001-0002-00) at 712 Marquette Avenue to Simons Development, LLC, owners of 720 Marquette Avenue and Patrick & Julia Stone, 704 Marquette Avenue, Muskegon, Ml 49442. Approval of this sale will allow Simons Development, LLC to own a house located on a buildable lot, as well as allowing both property owners to expand their current yards. As is required by City policy, the subject parcel is being offered for $1, and will be split between Simons Development, LLC and the Stones under the Dollar Lot Policy. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. COMMITTEE RECOMMENDATION: 3/10/2004 CITY OF MUSKEGON RESOLUTION# 2004-29(b) RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT WHEREAS, the City of Muskegon has received $1 each from Simons Development, LLC, owners of 720 Marquette A venue, Muskegon, MI 49442 and Patrick & Julia Stone, 704 Marquette A venue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to their properties at 712 Marquette A venue (parcel #24-405-001-0002-00); and WHEREAS, this lot is considered marginally buildable under the City's Zoning Ordinance; and WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; and WHEREAS, the sale of this property would be in accordance with property disposition goals and policies of the City for marginal lots. NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOT 2 BLK 1 be sold to Simons Development, LLC and Patrick & Julia Stone for $1 each. Resolution adopted this23rd day of March, 2004. Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Absent: Shepherd CERTIFICATION 2004-29(b) This resolution was adopted at a regular meeting of the City Commission, held on March 23 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, Clerk QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to SIMONS DEVELOPMENT, L.L.C., a Michigan Limited Liability Company, of 3018 N. Riverwood Drive, Twin Lake, Michigan 49457, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON GUNN'S SUBDIVISION OF PART OF BLOCK 2, EAST 44 FEET OFLOT 2, BLOCK 1 for the sum of: One Dollar ($1.00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Gran tor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this of..sl'A day of /4 !"G/2 , 2004. Signed in the presence of: ::S-o A,,.,,, K,0 k, "''> IC ; STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this d{~/, day of ,c ma 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of /2 , the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: John C. Schrier Parmenter O'Toole ~1 !~Notary Public Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-cR.S-- 0 (p Muskegon, MI 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME~1\anguilm\LOCALS~1\Temp\BF7585.doc QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to PA TRICK STONE and JULIA STONE, husband and wife, of 704 Marquette Avenue, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON GUNN'S SUBDIVISION OF PART OF BLOCK 2, WEST 14 FEET OFLOT 2, BLOCK I for the sum of: One Dollar ($ 1.00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207 .526 Sec. 6(h)(i). Dated this dSid_ day of ,/JJacc/z ,2004. Signed in the presence of: crr:~:~:iUSKEGO ~d-lih By Stephe . ~ (h________, k ~1:4:u>--tlG · -:So Av,,_, }< {v I<. bv' slC, STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this cJ,jfli day of Cf re- 7J1 h 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: John C. Schrier ~ Li/144 r. Arr~ r flo &tfvi , Notary Public Parmenter O'Toole Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9'. • d,S-- tJ 6 Muskegon, MI49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOC UME-1 \anguilm\L OCA LS~ 1\Temp\BF7 585.doc Vacant Non-Buildable City-Owned Lot N 712 Marquette Avenue W~E s 4',J.t, I 1- II I I~ I al~ I I "I S:: I lciJI .. 200 g/ =;:===i \TI I 49.5 I I 49.S 149.5 I 97.5 II, ,·I , . ·.:-1' '/.· .•.~t-· 3 1~ . rl 1 1 I I · '•I ' i I 40 ,i ~i" I I i I· ;r}.· :\r· I LJ i ~-,.,_: j : j i I L 120 I ' 124{, ,'4 :, I ,,, 32 LEONARD AV 49.5 I I 49.5 I 49.5 I I 49.5 I 48 84 l 40 40 *= I 1 I I , I "' I ~1 i £' Patrick & Julia Stone / Simons Development, LLC I en Subject Property(ies) 704 Marquette Avenue I 720 Marquette Avenue ! G) to be sold Im .Aft" ~ 1e! -I I : I I j J/,'., ~ , ro c NI ::;! 1I ~1 I~ I I fr ,i -"'1 <·: I I ·1 I I• I I II I ~I I, I I en ~'~l<RSJ L ,, , I I I I -I I MARQUETTE AV 33 30, 1 83 ~,"~"; k.,oo··•··.·. I 66.09 1 191.5 148.63 66 60 143.88 43: I,. ,, : g_ , I ~r., 1 I , " , ~ I < I ol M ..,.1 ::' ..,. :; . ·• ('! I ,· .~ ' "~I ,._ I I • a ., " · 1'3,831 I p ~ j 01 I , :so.sell \1,05J'l. : ~ 52 ', 596 .' i~ Ir y 'i>'!>·". :i.' ~1,SI-; I I ~A.39.....__._..s~ I !o I I I . ~: __:§J I I Ii_ i~~ I .,,1.'":.'o I I ! ,,,' ~ 1 , t-!.,' I I ~I ~I ·,1 ' ~' I 91 ::.'o 6 a 1 ~ 132.33 ~ 15 ~ I ~I '""1 i.~..,.\ ~'\J r I~ ~ Q\~ I Bi ~ 'J..S I' ,· I . . ,,, ~ ' I I ,it"G . ,,,,j __ II ~ .~ " I ! " I~ i" $'l. '"I~-' • f" oi "' Lus I I I ~ I I ! I lo ~ L__ ,i:~ § I @1·~ g1 p "~ 1' 00 IY Commission Meeting Date: March 23, 2004 Date: March 16, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development c..£,c... RE: Sale of Non-Buildable Lot at 214 Washington Avenue SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-398-0010-00) at 214 Washington Avenue to Dante Agnew, oier of 222 Washington Avenue, Muskegon, Ml. Approval of this sale will allow Mr. W•~ to expand his current yard, as well as have a buildable lot (see attached map). The property owner to the east of this City- owned lot is a landlord with numerous outstanding invoices, and was therefore was not considered as a candidate to purchase a portion of this lot. This lot is being offered to Mr. Agnew for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. COMMITTEE RECOMMENDATION: 3/1 6/2004 CITY OF MUSKEGON RESOLUTION #2004- 2 9 ( c) RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT WHEREAS, the City of Muskegon has received $1 from Dante Agnew, 214 Washington Avenue, Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to his property at 222 Washington Avenue Muskegon (parcel #24-205-398-0010-00); and WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance; and WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; and WHEREAS, the sale of this property would be in accordance with property disposition goals and the Dollar Lot Marketing Plan. NOW, THEREFORE BE IT RESOLVED; that THE CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 398 be sold to Dante Agnew for $1. rd Resolution adopted this 23 day of March, 2004. Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Absent: Shepherd Gail A. Kundinger, MMC Clerk CERTIFICATION 2004-29(c) This resolution was adopted at a regular meeting of the City Commission, held on March 23, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, MMC Clerk Vacant Non-Buildable City-Owned Lot N 214 Washington Avenue W~E ' ' '-, ),/'ti✓" /'• '"6>·,S, / r . \\\ s ~ \ ~ \ \1"1/7' y .•, \ ••. •·-'\ -.. ' '\• . .,.,_ . . ' : >' _. , / / V /\ \ ·- _._\ "'"' . >o\,,, / \\_. \\ \<, ~'? / -._ ' ,'l,. L / \ -- {;\\ ·v -~7 -_ ✓ / / /' . •-_ 'b";Y -~ ·--.- ·, ':,'> ~ ~ ~/ . \ / .\ -.~ :--4 /'o'o \\ /)\ ~ . '>av//.:r<o / / c,~ . ' \ 0/ / . ' ,., / . / ·-. .v:;°9/ ·v_ .,~ ,v~ \ ·,, ",._~<?--0 "'"'\~'o ·. ,P . ,\ ' \ .\. _/\ / / ' / . ·,. / /"'•., \\. --~ '6> //\, /4_,'b ·-. " ' Agnw 4 I •48 -- 48 ./ :, '222.Was Dante h'ngton 1 Avenue 1I 1 6 I .. - - I p;i I /109.31 , • I . *= Subject Property(ies) to be sold --, \ / , :' I. 1 I1 e,. , I i I"" I ' I . I IBi / .' ; I ' I I I • I "' • I 1 I i3.3 I !. .82.25 .IB II -._ , ,1•- ·1 i 1 s2.wlA.6_J--46 - ' I i /,, ,,I 5D I --.,4~6U..cc··.5500..-::.c·!Jl---.::tlL..-,..~_ '31 ZZ5 I ,i I UJ~ _I 44-L44.... WASHINGTON AV -9-1 92.6 59 I 47 47 / 43 I 52.9 52 I- C/) ~ I I- ~ i ::g co g Pcii I :r: /- 147.5 I I ,~ ,-.. "'':;;~~-_".'_ l!)I "'I i I C/) :r: CD ,'i ,~ <j 48.6 M I- dMl I ,<D b-i I "'I I~ r::1 ~I I!') ml ~I I'--:! I t2 ' ! "' ~ ' ' ~I I I -~"" [o~ 1006 ~ I coi ~ I ! 125 "'I '°1 I co ' 4.Z.fi , ,.476 ~II ~' -, QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to DANTE' AGNEW, a single man, of P.O. Box 5072, Muskegon, Michigan 49445, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 10, BLOCK 398 for the sum of: One Dollar ($1.00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated t h i s ~ day of ,&a:n.::.,A , 2004. Signed in the presence of: ~ c·, tl '11 ~ t'r t1 /{.; /""-/ ~' ~ \~ e, ,¼b,i, STA TE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this cJlS1/, day of z2larc /2 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of , the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: John C. Schrier Parmenter O'Toole ~da = .~. lfdz .r. /l,/7t'r , Muskegon County, Michigan Notary Public 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: '} ·c,1,)-., [.} {., Muskegon, Ml 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME-1\anguilm\LOCALS~1\Temp\BG3636.doc Commission Meeting Date: March 23, 2004 Date: March 9, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development C,,6C... RE: Sale of Non-Buildable Lot at 545 E. Forest Avenue SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-102-0027-00) at 545 E. Forest Avenue to Donald Steele, of 539 E. Forest Avenue, Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand his current yard (see attached map). The other adjacent property owner was offered a portion of this lot, but was not interested. This lot is being offered to Mr. Steele for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution and the deed. COMMITTEE RECOMMENDATION: 3/9/2004 CITY OF MUSKEGON RESOLUTION #2004-2 9 ( a ) RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT WHEREAS, the City of Muskegon has received $1 from Donald G. Steele, 539 E. Forest A venue, Muskegon, MI 49442, for the purchase of a vacant, City-owned lot located adjacent to his property at 545 E. Forest Avenue (parcel #24-205-102-0027-00); WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance, WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; WHEREAS, the sale of this property would be in accordance with property disposition goals and the Dollar Lot Marketing Plan. NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 27 BLK 102 be sold to Donald E. Steele for $1. Resolution adopted this 23rd day of March, 2004. Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Absent: Shepherd Gail A. Kundinger, MMC Clerk CERTIFICATION 2004-29(d) This resolution was adopted at a regular meeting of the City Commission, held on March 23 , 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 ofthe Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, MMC Clerk QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to DONALD G. STEELE, a single man, of 539 E. Forest Avenue, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 27, BLOCK 102 for the sum of: One Dollar ($1.00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this c,?Ji/2 day of £Jqrc, /2 , 2004. Signed in the presence of: (~~ i //7 ti A") / ,-r/' Cf 9)o~ 1~~;;,1l -:so I-\"" K < 1.<Q 10"'\: '. i 0 STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this c('..Jf/2 day of zz:'a [ cA 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City. PREPARED BY: John C. Schrier L;iJ {I s.: , Notary Public Parmenter O'Toole Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9·8S-:,.O /, Muskegon,MI49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C: \DOC UM E~ 1\anguilm\LOCALS-1 \Temp\BG0325.doc Commission Meeting Date: March 23, 2004 Date: March 9, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development d!f.,, RE: Sale of Non-Buildable Lot at 1355 Leonard Avenue SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-613-000-0827-00) at 1355 Leonard Avenue to Richard Finneman, owner of 1363 Leonard Avenue, Muskegon, Ml. Approval of this sale will allow the adjacent property owner to build a home on his current property, which will include this parcel (see attached map). The other adjacent property owner was offered a portion of this lot, but didn't respond. This lot is being offered to Mr. Finneman for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. COMMITTEE RECOMMENDATION: 3/9/2004 CITY OF MUSKEGON RESOLUTION #2004- 2 9 ( e) RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT WHEREAS, the City of Muskegon has received $1 from Richard Fim1eman, 3323 Worden Road, Muskegon, MI 49445 owner of 1363 Leonard Avenue, for the purchase of a vacant, City-owned lot located adjacent to his property at 1355 Leonard Avenue (parcel #24-613-000-0827-00); WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance, WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; WHEREAS, the sale of this property would be in accordance with property disposition goals and the Dollar Lot Marketing Plan. NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 827 be sold to Richard Finneman for $1. rd Resolution adopted this 23 day of March, 2004. Ayes:carter, Davis, Gawron, Larson, Spataro, Warmington Nays: None Absent: Shepherd Gail A. Kundinger, MMC Clerk CERTIFICATION 2004-29(e) This resolution was adopted at a regular meeting of the City Commission, held on March 23, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, MMC Clerk I Vacant Non-Buildable City-Owned Lot N 1355 Leonard Avenue W~E s ' J_ 1- ~ j'·-~ I l' c-----j~--L----i~~-ll I I ! I , . I I I ' I ______j I ,j I s I I I I I 1 .i I f- I I -....,<!.,.,: - i I I I I '1 I ~-j ,I___s,1.,1.._L__g . I ,I ~ IL I l I ADAMS AV 1,a I ,oo r " I 94.2 l " 1$4.5 •7 I L '"' I 93 .• 93,4 "' 93.4 "' " I I I' ,/ ~ " I I I I ' I ,1 b 1- I I 'I so I so I a, 111 I 93.4 LEONARD AV I 9J.4 9M 1_:~~ :-/ I~ I I I ro I I ro />. ao I I *= Subject Property(ies) to be sold j j 1•7 1 94 4; ~/ 47 " TT 100 10 I 68 _ 95 8 i-ttj ' 1 I I I I 11- F I . I ,I (J) !e 1 1 I I ··.,'. I ,I 1 1 1en 1 1 :1 -1 -1 1 1 Fb 1 1 1 I 'I -l . r 0 r I 1 r z~ '-------J . l____,_j ' I I IO~ I I ! i 1 ,1 I : I ",! I I r I Oc I I I I 1 -1 1 f ,, I' ,I I i 5/ ... " I I I I 1 I I ~I' I i I 1 I I L ! en MARQUETTE AV 101 · 1 ,·so; so so sol j sui )I .. .I 1 ' 099 •1 100 75 1 12a , oo so.a sii:91 so I so n.:i ,so.e 1 I j I I 73.3 •~-• " I 1 I i i I .i ' ,I ~ ,i k I . i 'I '1 - I 'I • I I ~I T'~,:,"t'. ~ ~~T ...1 so sr I rs ~s I ·so 75 I so i 6225 I 7 30 I I so (\io.so 10.W"1 I I I I i J l~i:'1.10 I 1··5,, ' 1 .I I "" ff.I~ ~ I 1 1 I I . • I ~~ :!I 'e ' ·...',i II ' I I I El I I IQ I .,;, I so ·=·--~~~--L,,, -----5 I I)< I "" L: CEYAV ~~-c,,,~,,,.c----r.50, I I ,nol' I so // ,i iisooo,---,~ ~ " - ~ " ' ' ' 100 50 j 50 !~." ' I I I . . I I 100~ I 81.4 81.4 I 5<]7 i"eta.60 100 I so 100 ···1 --( i, i '~ I~ I I •!l - . I 1, , I: .. I J i I I I I I 1 1 'I I 100 I 72 I T $5I·".'','I mi--• _.j1-l ~o-1 '"• 1 so I su I 134 I 65 1 .1.0~~ 4~ j I • I I :~J,'1i ,,- I I 100 j : I HI(] ' 100I j I N.75 I 56.90 1' GiS°7~ _I 6:l.10 I 52.SO I 60 ,. 66 ' I I , !p I ;::II I I I / I I I ,L I' L: I I- I I -I I' I I I .I:?: liL JIit' QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to RICHARD FINNEMAN, a married man, of3323 Worden Road, Muskegon, Michigan 49445, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4, LOT 827 for the sum of: One Dollar($ I .00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this dJi-,I day of 7/Ja[l It ,2004. ) Signed in the presence of: ..:,11,; /'o ~ ~~/} ,~ I" t',r ~ Q= k 1c-<J~ slG: STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this o?Sl'/2 day of ffearc./2 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: John C. Schrier t'~~_J" LLJ: r , ~/ft' Notary Public Parmenter O'Toole Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9 ·,;zs-:·0 ~ Muskegon, MI 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME-1\anguilm\LOCALS~1\Temp\BG0313.doc Commission Meeting Date: March 23, 2004 Date: March 16, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ~ RE: Zoning Ordinance Amendment for Permits SUMMARY OF REQUEST: Request to amend Section 2311 (Accessory Structures and Buildings) of Article XXI II (General Provisions) of the City's Zoning Ordinance to add language regarding permits. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to add language regarding permits . . COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 3/11 meeting. The vote was unanimous with T. Johnson absent. 3/16/2004 Commission Meeting Date: March 23, 2003 Date: March 16, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department cef:- RE: Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC) currently has a local Mainstreet designation. Funding has come from both the Downtown Arts and Entertainment District and NIC. The opportunity is now available to apply for a State Mainstreet designation. This would allow for direct training and other benefits from the National Trust for Historic Preservation Mainstreet program. NIC will be making application to the State for this designation. The attached resolution lends the commitment and cooperation of the City of Muskegon in this effort. FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind services through the Planning and Economic Development staff (e.g., mapping, printing). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign. Resolution No. 2004-29 ( g) MUSKEGON CITY COMMISSION RESOLUTION OF COMMITMENT AND COOPERATION FROM THE CITY OF MUSKEGON FOR THE MAINSTREET PROGRAM WHEREAS, The Muskegon City Commission supports the National Trust for Historic Preservation Mainstreet program approach; and, WHEREAS, this is a four-point approach which includes organization, design, historic preservation and economic restructuring, which, over the past 35 years, has been instituted in nearly 1,600 communities in 38 states, spuning a total investment of $16 billion and the creation of 56,000 new businesses and 226,000 new jobs into traditional downtown business districts in America; and, WHEREAS, the Neighborhood Investment Corporation and the Downtown Arts and Entertainment Committee have partnered to form a local Mainstreet initiative for Western Avenue and the Third Street corridor; and, WHEREAS, the Michigan Economic Development Corporation is offering a State designated Mainstreet program, which would strengthen and add to the existing local program; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon, provide it's support for an application through the Neighborhood Investment Corporation for a State Mainstreet designation. BE IT FURTHER RESOLVED that, if such designation is granted, the City Commission shall lend it's commitment and cooperation to the State designated Muskegon Mainstreet program, as it currently is doing for the local Mainstreet program. rd Adopted this 23 of March, J004. AYES: Carter, Davis, Gawron, Larson, Spataro, Warmington NAYS: None ABSTAIN: Attest:~ ~ ~ ~ ::::_~ ~ ~ ~ ~ ~ ~ Gail Kundinger, City Clerk CERTIFICATION 2004-29(g) This resolution was adopted at a regular meeting of the City Commission, held on March 23, 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 Date: March 11, 2004 To: Honorable ~aJ~~ City Commissioners From: Ric Scott ~ RE: Beverage Vending Contract for Parks SUMMARY OF REQUEST: To award a contract to Pepsi to provide vending service throughout the City Parks FINANCIAL IMPACT: Approximately $5,000 in revenue BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: The Leisure Services Board recommends that a contract be awarded to Pepsi A ffirma tive Action (231)724-67 03 FAX: (23 1)722- 12 14 g •JWI.P6~1Brn rtmcnt FAX: (23 1)726-56 17 C ity Manager West Michigan's Shoreline City (231 )724-6724 FAX: (231)722-1214 Civil Service 231)724-67 16 1?AX: (23 1)724-4405 Date: March 11, 2004 To: Honorabl.e M~y~~~~ City Commissioners C ler k (231)724-6705 FAX: (23 1)724-4 178 From : Ric Scott ~ Re: Beverage Vending Contract for Parks On Tuesday, March 2 nd , three proposals were received for the request to vend beverages at City Leisure Services Co mpute r Info. outdoor facilities. Proposals were received from: (2~m 'i'.j'_~ 744 FAX: (23 1)722-430 1 Company Address Percentage ~ •~,il~'i1.t -nifcrt. Pepsi 4900 Paul Ct. Muskegon 40% FAX: (23 1)727-6904 Coca Cola 1208 Butterworth GR 40% ~~r) wil% FAX: (23 1)724-6768 Seven Up 900 Brooks Ave Holland 35% Coca Col.a did offer an incentive of $.25 per case sol.d and would provide 25 free cases of pop. Seven Up would provide 50 free cases of Pop. Whil.e Pepsi forgot to Income Tax (231)724-6770 answer that question in their proposal, they al.so woul.d FAX: (23 1)724-6768 provide up to 50 free cases of pop for special activities. /£:ifffi~~~NJ-vices FAX: (23 1)728-437 1 Staff has not been happy with the service from coke in the past couple of years. The additional revenue from Leisure Services (23 1)724-6704 the $.25 bonus per case amounts to about $100 base on FAX: (23 1)724- 1196 last year s numbers. Staff believes that if Pepsi does a better job of fil.l.ing the machines and keeping them ~W'f~t~~Urc FAX: (23 1)722-1214 operational, that income would easily be made up by greater sales. Plannini,/Zoning (23 1)72.f-6702 FAX: (231)724-6790 At their meeting on Monday, March 15th , the Leisure Services Board recommended that a contract be awarded to Pepsi. Staff is recommending that we award a contract to Pepsi whose office is in the greater Muskegon area. Thank you for your consideration. Treasurer 's O ffice (231)724-6720 FAX: (23 1)724-6768 Water Filtration (23 1)724-4 106 FAX: (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.,O. ~ ox 536, Muskegon, Ml 49443-0536 www.shorehnec1ty.com Commission Meeting Date: March 23, 2004 Date: March 1 0, 2004 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Conveyance Application to the State of Michigan SUMMARY OF REQUEST: To approve the Community and Neighborhood Services office request to obtain 407 Catherine from the State of Michigan which is currently an attractive nuisance in the Community. After the CNS office obtains 407 Catherine the remaining structure will be demolished and the site will be redeveloped. FINANCIAL IMPACT: CNS office will supply three hundred dollars for the application from available HOME funding. The cost of demolition, which will be approximately $8,500, will also be covered by HOME funds from a prior year allocation BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request and have the Mayor sign the application to the State of Michigan. COMMITTEE RECOMMENDATION: None Michigan Department of Natural Resources -FOR DNR USE ONLY- Office of Land and Facilities Approval Application Approved Date Fee By APPLICTION FOR CONVEYANCE OF STATE DN"ir LAND FOR PUBLIC PURPOSES This infonnation ls required to obtain a deed OPTION: • 1 • 2 • 3 by Authority of Part 21, Subpart 1, Act 451, PA 1994, as amended PUBLIC USE NUMBER ISSUE DEED TO: MAIL DEED TO: NAME NAME City of Muskegon City of Muskegon ADDRESt) ) NAME 3 Terrace, PO Box 536 Community and Neighborhood Services CITY I STATEMI I ZIP CODE MAILING ADDRESS Muskegon 49443 933 Terrace, PO Box 536 COUNTYMuskegon CITY Muskegon I STAJi I ~\JiiD1 LEGAL DESCRIPTION o SEE ATTACHED SHEET -FOR DNR USE ONLY- DEED NUMBER City of Muskegon Revised Plat 1903 Lot 6 L Block 79 p (407 Catherine #61-24-205-079-0006-00) ABSTRACT CHECKED It is expressly understood that: Redevaopment existing structure 1. The land herein described shall be used solely for the following purposes: will be demolished and new construction will take place. Structure is a p6tential nuisance. 2. If lands are conveyed or transferred for a nominal fee and are subsequently sold by the government unit for a valuable consideration, the proceeds from any such sale after deducting said fee and any amount paid by the local government units for maintaining said lands in condition to protect the public health and safety shall be accounted for to the state, county, township and school district in which the lands are situated pro rated according to their several interests therein arising from the nonpayment of taxes and special assessments thereon as such interest shall appear in the offices of the state treasurer, county, city or village treasurers. 3. The deed issued by the State of Michigan may reserve to the State of Michigan all mineral rights including coal, oil and gas, etc., rights of ingress and egress over and across lands lying along any watercourse or stream, pursuant to the provisions of Act 451, P.A. 1994, as amended and all aboriginal antiquities, mounds, earthworks, etc., pursuant to the provisions of Act 451 P.A. 1994. Applicant Name S t ephen Wc(rm"j_· " ~ Title Mayor Date 3-;;s·-o l/ -~-- -. ·-._ Applicant Signatu~>· ~ )~ ------ Phone Number(<K3/ )_Zd__(!._- 6.70/ ( ___. 7~ ' Mail completed applicatio~ a --.ti ' heck d'-.~ey order made For DNR Cashier's Use Onlv - Do Not Write Below payable to the "State of Michigan" to: CASHIERS OFFICE MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30451 LANSING Ml 48909-7951 PR 6202 (Rev. 06/27/2003) /( -~- Date: March 23, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Austin St. Barney to Delano SUMMARY OF REQUEST: The contract to reconstruct Austin St. (H-1544) between Barney and Delano be awarded to Grant Tower Excavating out of Grant, Ml. Grant Tower was the lowest, see attached bid tabulation, responsible bidder with a bid price of $169,440.81 FINANCIAL IMPACT: The construction cost of $169,440.81 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Grant Tower Excavating COMMITTEE RECOMMENDATION: ~ z i;;::, < """ 0"' ,-. w u"' <( 0 "'0 ~ <( 8 Date: March 11, 2004 To: Honorable 8'.'a~ and City Commissioners From: RicScott ~a¢/ RE: Beach leveling Bids SUMMARY OF REQUEST: To award a contract with Felco Contractors to level Pere Marquette Beach and remove the snow fence. FINANCIAL IMPACT: Contract Price $57,100 which represents about a $9,500 saving from having City workers do the work. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affir mative Action (231 )724-6703 FAX: (23 1)722-12 14 Mo'•m'.fWs"1i,a,ion F AX: (2 31)726-518 1 8~'l)1i4'.6~Jrrtmenl FAX: (231)726-56 17 C ity Ma nager West Michigan's S1101-eline City (231 )724-6724 FAX: (23 1)722-1214 Date: Mar ch 11 , 2004 C ivil Service (23 1)724-6716 FAX: (231)724-4405 To: Honorable ~)IJ Y~ City Commissioners Clerk From : Ric Scott / ~ (231)724-6705 F AX: (231)724-4 178 Re: Beach Leveling Bids Communily and On Tuesday, March 9 , 2004, three bids were received as (2~f{¥!':1-~w~ces follows for the leveling of the beach and the removing of FAX: (231)726-2501 the snowfence at Pere Marquette Park: Computer Info. (2~m~'.l'-~744 Company Address Bid Alt FAX: (23 1)722-4301 Felco Contractors, Inc. 850 Pulaski Ave . Muskegon $57,100 $3,800 McCormick Sand Co. 995 s. 102nd St. Shelby $58,200 $5,040 Jackson Merkey 555 E. Western Muskegon $95,870 $11,900 The alternate bid is to remove the sand in the parking lots. Based on the 2003 hours worked for both seasonals and full - r-l!itNif!i,192 time employees, and the rental of equipment from both the FAX: (23 1)724-698S Equipment Fund and from an outside vendor , staff projects Income Tax the 2004 costs to level the sand and remove the fence to be (23 1)724-6770 FAX: (23 1)724-6768 $66,524.23. A savings to the Parks budget of just under $9,500 would be realized if the contract were awarded to the low bid of Felco. Staff is recommending that you award a contract to Felco Leisure Services Contractors to level the beach and to remove sand from the (231)724-6704 FAX: (23 1)724-1196 parking lots. This will not result i n the loss of any full - time pos i tions, as the people doing the work were DPW employees that were paid from the Parks budget. We simply will be shifting dollars to the contractual Services account Plannine/Zoni ng from the equipment rental account. The seasonal savings are (231)724'- 6702 FAX: (231)724-6790 already in the contractual service account . The union has already been given a 30- day notice about contracting out and we have not heard from them . I am recommending That you award a contract to Felco Contractors in the amount of $60,900 to remove the fencing, level the beach and remove the sand from the parking lots at Treasurer's Office (231)724-6720 Pere Marquette Park. FAX: (231)724-6768 Thank you for your consideration. m:iM'.~~"lliDept. FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P._o. ~ox 536, Muskegon, MI 49443-0536 www.shorelmec1ty.com Service Employees International Union Local 517M Unit 2 March 15, 2004 Rick Scott Director of Leisure Services City of Muskegon Dear Rick: We recently received your notice of intent to contract out Local 517M Unit 2 work. While we never want to lose any of our work, especially when we have two of our union brothers laid off and unemployed, we feel we need to bring forward a couple of our concerns. As we researched the expenses of last years beach leveling project, a number of items stood out that need explanation. First of all there are the rental charges of the bulldozer and the labor charges from Kelley Services. Over the years the water level at the beach has receded more and more, as a result of this it has made moving the large amounts of sand with a front end loader impractical. While operating on sand a large bulldozer is the most efficient method to move the quantities of sand needed for long distances. The City does not cun-ently own a bulldozer which means we have to rent a bulldozer fmm a rental agency or local contractor. As you know even with your own automobile it normally is cheaper in the long run to own your own as opposed to renting one. The problem for the City is that we do not have the amount of work needed to make an $800,000 bulldozer cost efficient to own and operate. We are absolutely certain at Local 517 that given an equal and level playing field, we will give our taxpayers the best value for their investment. Furthermore we would like you to know that one of the unique things about leveling the beach is the sandy environment and its long-term impact on heavy equipment. Pure sand is one of the worst possible places to operate heavy equipment. With the type of damage that sand imposes on the equipment, even if all the bids were equal, the City would still end up the loser. Because of the inhospitable environment, rental fees, the long tenn and extensive damage to expensive equipment and all the hours spent by our mechanics repairing and maintaining this equipment, we feel these extra costs would wipe out any possible savings Local 517 could provide by perfo1ming the work in house with our current equipment and water levels as they are. Regarding the manpower provided by Kelley Services, there are a couple of facts that must come to light. The removal of snow fence has to be perfonned in conjunction with the leveling process and is currently very labor intensive, this was not always the case. There are a couple driving factors behind this, first of which is again the water level. With the water levels this low a large amount of snow fence has been put in place in an attempt to retain the sand on the beach during the winter stmms. Secondly we feel that the current amount of fence being placed at the beach is excessive and not totally effective and cost efficient, especially in light of the cities ctment budget situation. Fewer fences in place equate to less labor to install it in the fall and to remove it in the spring. This could further save the City badly needed funds. Before concluding our response, we would like to thank our Equipment Supervisor Mr. Brett Kraley for his assistance providing us with some estimates of the current costs of renting and/or purchasing the types of equipment needed to perfonn this type of work. In conclusion we feel because of our cmTent budget situation, with water levels at near record low levels requiring a lengthier cleanup effort, it is in the best interest of the taxpayers and citizens of Muskegon to seek competitive bids for this work at this time. In the future as water levels rise and the amount of beach diminishes requiring less fence and less labor, we feel it would be practical to once again level the beach with our own manpower and equipment. Sincerely, ~~~~)'0 Terry Redmon President S .E.I. U. Local 517M Unit2 AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 3/9/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 2, 2004 RE: Public Safety Administration Ordinances SUMMARY OF REQUEST: To adopt three ordinances to implement the proposed Public Safety Administrative Consolidation. FINANCIAL IMPACT: First year savings of over $100,000. BUDGET ACTION REQUIRED: The savings will be accounted for in a future quarterly budget update. STAFF RECOMMENDATION: To approve the attached ordinances. COMMITTEE RECOMMENDATION: The City Commission endorsed the consolidation concept on February 24, 2004. O:COMMONIDEPTMENT\ADMINIAGNDAFRM JMS - O: (PUBLIC SAFETY CONSOLIDATION-ORDINANCES) CITY OF MUSKEGON Ordinance No. 2126 An ordinance amending the Police and Fire Retirement System Ordinance of the City of Muskegon. THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 62 of the Code of Ordinances is amended to read as follows: I. Section 62-232 is amended to read as follows: Sec. 62-232. Definitions. The following words, terms and phrases as used in this article shall have the meaning set forth in this section unless a different meaning is clearly required by the context. Accumulated contributions means the sum of all amounts credited to a member's individual account in the reserve for employee contributions, including regular interest. Actuarial equivalent means of equal pension reserve value (present value). Beneficiary means any person except a retirant who is being paid a pension by the retirement system. Board means the board of trustees provided by this article. City means the City of Muskegon, Michigan. Commission means the city commission of the city. Compensation means the salary or wages paid a member by the city for personal services rendered to the city as a police officer or firefighter. Compensation shall include: (!) Payments based on unused sick leave subject to the following maximum: The amount computed on the maximum amount of sick leave a member could accrue over the period of credited service used in computing his final average compensation; (2) Holiday pay; (3) Vacation pay (current year accrual), provided, for police command officers who retire after January 1, 1992, and for police patrol officers, the amount of vacation pay to be included in compensation shall include accrued and unused vacation days from the period of one (I) year prior to the member's retirement date for a maximum of20 accrued unused days. Vacation pay (current year accrual), provided, for firefighters and officers who retire after January 1, 1993, the amount of vacation pay to be included in compensation shall include accrued and unused vacation days from the period of one year prior to the member's retirement date, for a maximum of 12 accrued unused days; (4) Longevity pay; ( 5) Pay while absent from work on account of illness; (6) Termination or severance pay; (7) Overtime pay on or after January I, 1976 for firefighter members, on or after January I, 1997 for police command members and on or after January I, 2002 for police patrol, and; (8) Educational bonus for police command officers on or after January I, 2001 and for police patrol officers on or after January 1, 2002; and (9) Items of a similar nature as determined by the board. The term "compensation" shall not include: (1) Overtime pay to police command members prior to January 1, 1997 and police patrol members prior to January I, 2002; (2) Overtime pay prior to January 1, 1976, to firefighter members; (3) Allowances for clothing, equipment, travel, and similar items; (4) Reimbursement of expenses; (5) The value of any fringe benefit not specifically included; and (6) Items of a similar nature as determined by the board. Credited service means the number of years and months of service credited a member as provided in this article. Final average compensation means, for a police officer member who terminates city employment prior to January I, 1978, or a firefighter member who terminates city employment prior to January 1, 1976, one-fifth of the compensation paid a member during the period of five consecutive years of his credited service producing the highest average. The five consecutive years of credited service shall be contained within the member's last ten years of credited service. Ifhe has less than five years of credited service, final average compensation means the annual average of the compensation paid him for his total period of credited service. The term "final average compensation" means for a firefighter member who terminates city employment on or after January 1, 1976, or a police officer member who terminates city employment on or after January 1, 1978, one-third of the compensation paid a member during the period of three consecutive years of his credited service producing the highest average. The three consecutive years of credited service shall be contained within the member's last ten years of credited service. If he has less than three years of credited service, final average compensation means the annual average of the compensation paid him for his total period of credited service. For a police officer member who terminates employment on or after January I, 1989, the term "final average compensation" shall mean one-third of the compensation paid the police officer member during the period of any three of his last five years of credited service producing the highest average. If he has less than three years of credited service, the term "final average compensation" means the annual average of the compensation paid him for his total period of credited service. Final compensation means the annual rate of compensation being paid a member at the time his city employment as a police officer or firefighter last terminates. Firefighter means a permanent employee of the fire department who holds the rank of firefighter, or higher rank, and who has taken the oath required in Chapter IV of the Charter of the city. The term "firefighter" shall not include temporary or civilian employees of the fire department. Fire Chief means fire chief or deputy director of public safety for fire services. Member means any person who is included in the membership of the retirement system. Pension means an annual amount payable by the retirement system throughout the future life of a person, or for a temporary period, as provided by this article. All pensions shall be paid in equal monthly installments. Pension reserve means the present value of all payments likely to be made on account of a pension. The present value shall be computed upon the basis of such mortality and other tables of experience, and regular interest, as the board shall from time to time adopt. Police Officer means a permanent employee of the police department who holds the rank of patrolman, or higher rank, and who has taken the oath required in Chapter IV of the Charter of the city. The term "police officer" shall not include temporary or civilian employees of the police department. Police Chief means police chief or director of public safety. Regular interest means such rate or rates of interest per annum, compounded annually, as the board shall from time to time adopt. Retirant means any member who retires and is being paid by the retirement system on account of his membership in the retirement system. Retirement system and system mean the city police-fire retirement system established by this article. Service means personal service rendered the city as a police officer or a firefighter in the employ of the city. This ordinance adopted: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter Nays: None Adoption Date: March 23, 2004 _ _ _ _ _ _ _ _ _ __ Effective Date: April 9, 2004 First Reading: March 9, 2004 Second Reading : March 23, 2004 _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By /Jew,Q. ~0 Gail A. Kundinger, MMC City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23rd day of March, 2004, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: March 23, 2004 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 TO: ALL PERSONS INTERESTED Please take notice that on March 23, 2004, the City Commission of the City of Muskegon adopted amendments to Chapter 62 of the Muskegon City Code concerning the Police and Fire Retirement system, summarized as follows: 1. Section 62-232 is amended to define fire chief to be either fire chief or deputy director of public safety for fire services and defines police chief to be either police chief or director of public safety. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. Published: March 30, 2004 CITY OF MUSKEGON By_ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC City Clerk ---------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE City of Muskegon Muskegon County, Michigan ORDINANCE NO. 2127 The City Commission of the City of Muskegon hereby ORDAINS: Chapter 46 of the Code of Ordinances of the City of Muskegon concerning Law Enforcement is amended, as follows: 1. Section 46-31 shall be amended to read, as follows: Adoption. Sec. 46-31. Composition; appointment and oath of members. (a) The police department shall consist of a chief of police, to be appointed by the city manger, and one or more captains, lieutenants, sergeants, secretaries, clerks, and such number of police officers with pay and such number of special police, guards, and security guard supervisors with or without pay as shall be deemed necessary by the chief of police, to be appointed by the chief of police with the approval of the city manager. All new members of the department, except secretaries and clerks, must be sworn in and take an oath of office. (b) Throughout this Chapter, the title of"chief of police" or "police chief' may be used interchangeably and shall be meant to include the title of director of public safety. This ordinance adopted: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter Nays: None Adoption Date: March 23, 2004 Effective Date: April 9, 2004 First Reading: March 9, 2004 Second Reading: March 23, 2004 : TY;;:KEQ ~N~ Gail A. Kundinger, MMC City Clerk ORDINANCE NO. 2127 CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23rd day of March , 2004, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of DATED: March 23 , 2004 LJi . Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. UVA Gail A. Kundinger, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. C:\WINDOWS\TEMP\BE9334.doc CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on March 2 3 , 2004, the City Commission of the City of Muskegon adopted amendments to the Muskegon City Code c o n c e r n i n g ~ -C0de; summarized as follows: /,,, q,.,.; (...-i 'fiJ,ct ,.,,.e.rvr 1. Section 46-31 shall be amended define the title of "chief of police" or "police chief' to also mean director of public safety. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. CITY OF MUSKEGON Published March 30 , 2004 By_ _ __ _ _ _ _ __ __ _ __ _ Gail A. Kundinger, MMC, Its Clerk --------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. C:IWINDOWSITEMPIBE9334.doc • I City of Muskegon Muskegon County, Michigan ORDINANCE NO. 2 12 8 The City Commission of the City of Muskegon hereby ORDAINS: Chapter 30 of the Code of Ordinances of the City of Muskegon concerning the Fire Prevention and Protection Code is amended, as follows: 1. Section 30-31 shall be amended to read, as follows: Adoption. Sec. 30-31. Composition; filling of vacancies. (a) The fire department of the city shall consist of one chief, to be appointed by the city manager, one or more assistant chiefs, battalion chiefs, captains, lieutenants, mechanics and firefighters, as shall be deemed necessary by the chief of the fire department, to be appointed by him with the approval of the city manager. (b) The chief of the fire department with the approval of the city manger, shall fix and determine the number of regular members of the department, and when a vacancy occurs in the department, shall file a written notification with the civil service commission. The chief shall, from the list of three names submitted by the civil service commission, select a probationary member for such vacancy. Throughout this Chapter, the title of "chief' or "fire chief' may be used interchangeably and shall be meant to include the title of deputy director of public safety for fire services. This ordinance adopted: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter Nays: None Adoption Date: - - -March --- 23, 2004 ------- Effective Date: April 9, 2004 ------------- First Reading: March 9, 2004 - - - - - - - - -- - - - Second Reading: ___ M_a_rc_h_2_3_,_2_00_4_ _ __ CITY OF MUSK.EGON By: ___}~~~Q ~,._ _ _'.~~~~~u_ Gail A. Kundinger, MMC City Clerk ORDINANCE NO. 2128 CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23rd day of March 2004, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: March 23 , 2004 Gail A. Kundinger, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. C:\WIN DOWS\TEMP\BE9329.doc CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on March 23 2004, the City Commission of the City of Muskegon adopted amendments to the Muskegon City Code concerning the Fire Prevention Code, summarized as follows: 1. Section 30-31 shall be amended define the title of "chief'' or "fire chief'' to also mean deputy director of public safety for fire services. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. CITY OF MUSKEGON Published March 30 2004 By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC, Its Clerk ---------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE. C:\WINDOWS\TEMP\BE9329.doc Commission Meeting Date: March 23, 2004 Date: March 8, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development U3(_ RE: Public Hearing and Resolution Revoking an Industrial Development Certificate - Hardwoods, Inc. SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that Industrial Development Certificate (IFT) No. 00-491 issued to Hardwoods, Inc., 1885 E. Laketon Avenue be revoked. The certificate was originally requested August 8, 2000. Hardwoods, Inc. ceased operations March 15, 2004. FINANCIAL IMPACT: None, since the business never really got into production. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold the public hearing and authorize the Mayor and Clerk to sign the resolution revoking IFT certificate No. 00-491. COMMITTEE RECOMMENDATION: None 3/8/2004 1 Resolution No. 2004-31 (a) MUSKEGON CITY COMMISSION RESOLUTION REVOKING INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO. 00-491 HARDWOODS, INC. WHEREAS, the City of Muskegon issued an Industrial Facilities Exemption Certificate to Hardwoods, Inc. in 2000; and WHEREAS, a signed Tax Abatement Contract between Hardwoods Inc., and the City of Muskegon took effect on August 8, 2000 with Hardwoods, Inc., agreeing to install $506,400 in machinery and equipment; and WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2008; and WHEREAS, Hardwoods, Inc. will be selling it's assets at auction and has eliminated the jobs created or retained; and WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the Company's facilities in the City" shall be considered an event of default; and WHEREAS, according to Section Four of the Tax Abatement Contract, in instances of default Hardwoods, Inc., consents to the immediate revocation of the IFT Certificate; and WHEREAS, appropriate certified notice has been sent to Hardwoods, Inc. on March 9, 2004, notifying the company of the intent to revoke the personal property component oflndustrial Facilities Exemption Certificate No. 00-491. NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial Facilities Exemption Ce1iificate No. 00-491, for Hardwoods, Inc., is revoked. Adopted this 23 rd day of March, 2004. Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis Nays: None Absent: Shepherd Gail A. Kundinger Clerk,MMC CERTIFICATION 2004-3 l(a) I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on March 23, 2004. By__.___ · --= ~ .;....:.;.=_ Q=-.:;_ . -----'~--"'--=--=--==-<- ~ -=1=- GR&- Gail A. Kundinger 0 Clerk, MMC Date: March 23, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment Distiict for: MILLARD AVE., LAKE DUNES DRIVE WEST END SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Millard from Lake Dunes Dr. to West End project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. ----- Resolution At First Hearing Creating Special Assessment District For Millard from Lake Dunes to West End Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 23, 2004 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 23, 2004, there were ___% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: I. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the 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 al least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOL YEO: I. The City Commission hereby declares a special assessment district to include the properly set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set fotih in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 37% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 23, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ENGINEERING FEASIBILITY STUDY For MILLARD FROM LAKE DUNES DR. TO WEST END The proposed improvement, RECONSTRUCTION, of Millard from Lake Dunes dr. to the West End, see attached location map, was initiated by a owners petition due to the conditions of the road. The existing pavement has deteriorated to a point where any other type improvements would not be feasible. The proposed improvement consists of the removal of existing pavement and the construction of a curb and gutter road. The cross section being proposed is a 24' back to back asphalt road with curbs. A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is approximately $161,000 with the length of the project being approximately l,l l l lineal feet or 2,082.06 of assessable front footage. This translates into an estimated improvement cost of$77.33 per assessable foot. The assessment figure will be at a prorated cost of not to exceed $28.64 per assessable foot since the width is only 24'. The established cost for a 27' B-B is $35.15 for this type of improvement. MUSKEGON COUNTY M C H G A N BOARD OF COMMISSIONERS Paul T. Baade, Chair District 10 Bill Gill, Vice-Chair March 3, 2004 District 8 Douglas A. Bennett District 7 Mohammed Al-Shatel, City Engineer City of Muskegon Char1es L. Buzzell 933 Terrace Street District 2 Muskegon, MI 49443 James J. Derezinski Mr. Al-Shatel: District 4 In accordance with your request, I have examined the proposed special assessment Marvin R. Engle District 5 district entailing the paving of approximately 1,050 linear feet of Millard Avenue. The purpose of this analysis is to document the reasonableness of this special assessment Louis A. McMurray district by identifying and quantifying any accrued benefits. It is subject to the normal District 9 governmental restrictions of escheat, taxation, police power and eminent domain. The Robert Scolnik effective date is March 3, 2004. District 11 In conclusion, it is my opinion that the special assessment amounts justly and I. John Snider 11 reasonably represents the accrued benefits to the properties encompassed by this District 3 project. The amounts reflect the sum of the immediate estimated value enhancement Nancy A. Waters and the intrinsic value that will accrue from an overall increase in property values due District 6 to an improved quality of life created by the proposed project. The proposed special assessment district encompasses primarily residential properties. The front foot rate of Stephen R. Wisniewski District 1 $28.64 for the paving of the project appears reasonable in light of analysis that indicates a possible enhancement of $29.64. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, J~c¼Q- ~~ Vicki A Emery, CMAE 3U Senior Appraiser EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILD ING C • MUSKEGON, Ml 49442 (231) 724-6386 • FAX (231) 724-1129 TTY (231) 722-4103 • An EEO I ADA I AA Employer recycled paper EXHIBIT A MILLARD FROM LAKE DUNES TO WEST END SPECIAL ASSESSMENT DISTRICT All properties abutting that section of All properties abutting Millard from Lake Dunes to West End EXHIBIT 'J\" SPECIAL ASSESSMENT DISTRICT SHORE ND SCALE March 12, 2004 Dear :OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS & STREET. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions, decline, or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 or your ward commissioner if you require more information. A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this public hearing you will be given an opportunity to present your questions and potential concerns on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. March 12, 2004 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: MILLARD AVE.,LAKE DUNES DRIVE TO END The proposed special assessment district will be located as follows: All parcels abutting Millard Ave. from Lake Dunes Drive to End It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $161,000.00 of which approximately 37.03% ($59,630.20) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, Mohammed AI-Shatel, P.E. City Engineer SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 50.72 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $1,452.62 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK 4 LOT 11 EXC THAT PT LYING ELY OF A LINE DESC AS COM AT SECOR OF LOT 11 Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON STREET- H-1520 MILLARD AVE., LAKE DUNES DR. TO END REQUEST FOR WAIYER OF SPECIAL ASSESSMENT II Note: You may receive this application several times -Ifyou have already applied, please discard. Dear Resident: The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. lfyou 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 Ai-ea Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2003 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILYSlZE INCOME LIMIT I $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,326 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, m011gage, 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 suppm1ing documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City rese111es the right to ver{fj, all application hiformation, and to reject any applications that contcdn fals(fied h?fhrmation or insufficient doc1onent at ion. CITY OF MUSKEGON STREET- H-1520 MILLARD AVE., LAKE DUNES DR. TO END REQUEST FOR WAIVER OF SPECIAL ASSESSMENT I 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 prope1iy for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2003 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT I $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,326 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, MI 49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The Ci(v reserves the right to ver{fy all applicatio11 i,!formation, and to reject any applications that containfa/s{fied ir{/brmation or inst!{]icienl 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 SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created for the following projects: MILLARD A VE.,LAKE DUNES DRIVE TO END YUBA ST., EASTERN A VE. TO SUMNER ST. AND WESTERN AVE., PINE ST. TO TERRACE ST. The specific locations of the special assessment districts and the properties proposed to be assessed are: All parcels abutting Millard Ave. from Lake Dunes Drive to End All parcels abutting Yuba St. from Eastern Ave. to Sumner St. And All parcels abutting Western Ave. from Pine St. to Terrace St. The City Commission proposes that the City and prope1iy owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MARCH 23, 2(/1/4 AT 5:3/J O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: March 13, 2004 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1520 NEW CONSTRUCTION HEARING DATE MARCH 23, 2004 MILLARD AVE.,LAKE DUNES DRIVE TO END 1 KOCH CAROLE M ASSESSABLE FEET: 50.72 24-506-004-0011-00 3373 MILLARD AVE COST PER FOOT: $28.64 @ 3373. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,452.62 1 PERCENTAGE OF TOTAL FRONTAGE 2.4360 2 BURCH JOHN H ASSESSABLE FEET: 88.87 24-506-004-0009-00 3359 MILLARD AVE COST PER FOOT: $28.64 @ 3359. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,545.24 1 PERCENTAGE OF TOTAL FRONTAGE 4.2684 3 PESCH RONALD E ASSESSABLE FEET: 46.05 24-506-004-0008-00 3351 MILLARD AVE COST PER FOOT: $28.64 @ 3351. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,318.87 1 PERCENTAGE OF TOTAL FRONTAGE 2.2118 4 PESCH RONALD ET AL ASSESSABLE FEET: 60 24-506-004-0007-00 3351 MILLARD AVE COST PER FOOT: $28.64 @ 3343. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,113.40 1 PERCENTAGE OF TOTAL FRONTAGE 2.8818 5 DILL GARY G/CARRIE L ASSESSABLE FEET: 110 24-506-004-0005-00 3335 MILLARD AVE COST PER FOOT: $28.64 @ 3335. MILLARD AV MUSKEGON Ml 49441-000 ESTIMATED P.O. COST: I $3,150.40 1 PERCENTAGE OF TOTAL FRONTAGE 5.2832 6 WELLISE TRUST ASSESSABLE FEET: 100 24-506-004-0003-00 3307 MILLARD AVE COST PER FOOT: $28.64 @ 3307. MILLARD AV MUSKEGON Ml 49441-000 ESTIMATED P.O. COST: I $2,864.oo 1 PERCENTAGE OF TOTAL FRONTAGE 4.8029 7 HORTON DORIS J TRUST ASSESSABLE FEET: 158.46 24-506-004-0001-00 3291 MILLARD AVE COST PER FOOT: $28.64 @ 3291. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $4,538.29 1 PERCENTAGE OF TOTAL FRONTAGE 7.6107 3/12/2004 Page 1 of 4 NEW CONSTRUCTION HEARING DATE MARCH 23, 2004 MILLARD AVE.,LAKE DUNES DRIVE TO END 8 RECKELL PETER ASSESSABLE FEET: 90 24-156-000-0035-00 5901 WARNER AVE# 462 COST PER FOOT: $28.64 @ 3271. MILLARD AV HUNTINGTON B CA 92649 ESTIMATED P.O. COST: I $2,577.60 1 PERCENTAGE OF TOTAL FRONTAGE 4.3226 9 DUTKIEWICZ PATRICK/JANICE ASSESSABLE FEET: 85 24-156-000-0034-00 960 W SHERMAN BLVD COST PER FOOT: $28.64 @3261. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,434.40 1 PERCENTAGE OF TOTAL FRONTAGE 4.0825 10 MILLER BRUCE R/JUDITH A ASSESSABLE FEET: 85 24-156-000-0033-00 3251 MILLARD AVE COST PER FOOT: $28.64 @ 3251. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,434.40 1 PERCENTAGE OF TOTAL FRONTAGE 4.0825 11 MORGAN DANIEL K/ANN E ASSESSABLE FEET: 89 24-156-000-0032-00 3401 LAKE DUNES DR COST PER FOOT: $28.64 @ 3241. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,548.96 1 PERCENTAGE OF TOTAL FRONTAGE 4.2746 12 MORGAN DANIEL K/ANN E ASSESSABLE FEET: 56.14 24-156-000-0031-00 3401 LAKE DUNES DR COST PER FOOT: $28.64 @ 3401. LAKE DUNE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,607.85 1 PERCENTAGE OF TOTAL FRONTAGE 2.6964 13 BARKEL JOHN W/BARBARA J ASSESSABLE FEET: 91 24-592-000-0006-00 3224 MILLARD AVE COST PER FOOT: $28.64 @ 3224. MILLARD AV MUSKEGON Ml 49441-160 ESTIMATED P.O. COST: I $2,606.24 1 PERCENTAGE OF TOTAL FRONTAGE 4.3707 14 OLSEN JOHN B ASSESSABLE FEET: 80 24-592-000-0007-00 3236 MILLARD AVE COST PER FOOT: $28.64 @ 3236. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,291.20 1 PERCENTAGE OF TOTAL FRONTAGE 3.8423 3/12/2004 Page 2 of 4 NEW CONSTRUCTION HEARING DATE MARCH 23, 2004 MILLARD AVE.,LAKE DUNES DRIVE TO END 15 MORAN MICHAEL J ASSESSABLE FEET: 80 24-592-000-0008-00 3246 MILLARD AVE COST PER FOOT: $28.64 @ 3246. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,291.20 1 PERCENTAGE OF TOTAL FRONTAGE 3.8423 16 LANGLOIS ROBERT/KATHLEEN ASSESSABLE FEET: 80 24-592-000-0009-00 3258 MILLARD AVE COST PER FOOT: $28.64 @ 3258. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,291.20 1 PERCENTAGE OF TOTAL FRONTAGE 3.8423 17 HAMLIN TIMOTHY T ASSESSABLE FEET: 75 24-506-002-0034-00 3268 MILLARD AVE COST PER FOOT: $28.64 @ 3268. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2, 148.oo 1 PERCENTAGE OF TOTAL FRONTAGE 3.6022 18 EDLUND EDWARD/ISLEY CAROL ASSESSABLE FEET: 75.34 24-506-002-0032-00 3280 MILLARD AVE COST PER FOOT: $28.64 @ 3280. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,151.14 1 PERCENTAGEOFTOTALFRONTAGE 3.6185 19 LOCKE THOMAS A ASSESSABLE FEET: 102.1 24-506-002-0030-00 3292 MILLARD AVE COST PER FOOT: $28.64 @ 3292. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,924.14 1 PERCENTAGE OF TOTAL FRONTAGE 4.9038 20 MARS RICHARD A ASSESSABLE FEET: 100 24-506-002-0028-00 3308 MILLARD AVE COST PER FOOT: $28.64 @ 3308. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,864.oo 1 PERCENTAGE OF TOTAL FRONTAGE 4.8029 21 CRANSTON EARL E ASSESSABLE FEET: 110 24-506-002-0026-00 3336 MILLARD AVE COST PER FOOT: $28.64 @ 3334. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,150.40 1 PERCENTAGE OF TOTAL FRONTAGE 5.2832 3/12/2004 Page 3 of 4 NEW CONSTRUCTION HEARING DATE MARCH 23, 2004 MILLARD AVE.,LAKE DUNES DRIVE TO END 22 CRANSTON EARL E ASSESSABLE FEET: 72.15 24-506-002-0025-00 3336 MILLARD AVE COST PER FOOT: $28.64 @ 3336. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,066.38 1 PERCENTAGE OF TOTAL FRONTAGE 3.4653 23 LINE SUSAN ASSESSABLE FEET: 70.45 24-506-002-0024-00 3340 MILLARD AVE COST PER FOOT: $28.64 @ 3340. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,017.69 1 PERCENTAGE OF TOTAL FRONTAGE 3.3837 24 ASSELMEIER RICHARD D ASSESSABLE FEET: 76 24-506-002-0023-00 3358 MILLARD AVE COST PER FOOT: $28.64 @ 3358. MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,176.64 1 PERCENTAGE OF TOTAL FRONTAGE 3.6502 25 HANNAHS MICHAEL/NANCY ASSESSABLE FEET: 50.78 24-506-002-0022-00 20 N WARNER COST PER FOOT: $28.64 @3372. MILLARDAV FREMONT Ml 49412 ESTIMATED P.O. COST: I $1,454.34 1 PERCENTAGE OF TOTAL FRONTAGE 2.4389 SUM OF ASSESSABLE FOOTAGE: 2082.06 SUM OF ESTIMATED P.O. COST: $59.630.20 I TOTAL NUMBER OF ASSESSABLE PARCELS 25.00 3/12/2004 Page 4 of 4 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Millard Ave .. Lake Dunes Drive to End 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 12TH DAY OF MARCH 2004. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAYOF _ _ _ _ _ _ _ _ ,2004. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES - - - - - - - - SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor thi_s special assessment project, sign the form and return it to the City Clerk's Office. To +--c--- return this card by mail, simply fold 011 ihe Jutted lines so the add;ess on the reverse s!de is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3291 MILLARD AVE Parcel Number 24-506-004-0001-00 Assessable Frontage: 158.46 Feet L Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $4,538.29 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK4 LOTS 1 &2 Your vote COUNTS! Owner I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED IZ] Doris- Tane ;1ortJJU , - CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signature )~ {I_L,q"q~ Signature ) Address ) 3291 Mill.i.rd Address Thank you for taking the time to vote on this important issue. 7 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To reiurn this card Uy rnail, sin1ply foki vn tha dotted lines so the address on the rcverco s.100.-i.s showing. Be sure to seal the for(n with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3280 MILLARD AVE Parcel Number 24-506-002-0032-00 Assessable Frontage: 75.34 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,157.74 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK2 LOT 32 & W 1/2 LOT 33 Your vote COUNTS! Owner I AM IN FAVOR (ll ~~- • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Q -~ I AM OPPOSED CoOwner/Spouse _ _ _ _ _ _ _ _ _ __ [zSI Signature c~,AJ;u.~ Q.,~ Signature Address 3 J 5J O ~cv....eLu 4 Address -, 'f 4( 0 Thank you for taking the time to vote on this important issue. 18 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return ii to the City Clerk's Office. To reiurn this card by rnail, sirnply fold on the dotted lines so the add;ess on the reverse side i:; showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3292 MILLARD AVE Parcel Number 24-506-002-0030-00 Assessable Frontage: 102.1 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,924.14 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK2 LOTS 30 & 31 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED !Kl Owner Locke T ~ •"" 4-; a CoOwner/Spouse Signature ~A. ~L Signature Address ~Jc,, J. 1111, llull/J Address 19 Thank you for taking the time to vote on this important issue. SPEC~LASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by maii, simply fold on the dolled lines so the add;ess on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3334 MILLARD AVE Parcel Number 24-506-002-0026-00 Assessable Frontage: 110 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $3,150.40 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK 2 ELY 10 FT LOT 25 & ALL LOT 26 & LOT 27 Your vote COUNTS! Owner IAMINFAVOR • IAMOPPOSED w Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature Signature Address )J J± lvJJ:LLA-RP Address Thank you for taking the time to vote on this important issue. 21 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card i:Jy rnaii, si1nply ro,d on the dotted lines so the add.ess on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3336 MILLARD AVE Parcel Number 24-506-002-0025-00 Assessable Frontage: 72.15 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,066.38 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 LOT 25 EX ELY 10 FT BLK2 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED G_, . Owner Signature Signature Address Address Thank you for taking the time to vote on this important issue. 22 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, sin11)iy told on the dotted lines so the 0ddiess on the rc·v-.Jrz3 slde ;:, showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3340 MILLARD AVE Parcel Number 24-506-002-0024-00 Assessable Frontage: 70.45 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,017.69 Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 LOT 24 BLK 2 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR.__...... I AM OPPOSED '0 Owner J.:.::i'l::J.:!~~L.!;;;";J...~1£,.t/.~.::._- CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signature Signature Address Address Thank you for taking the time to vote on this important issue. 23 __,}/fJ 'f JU V OY . . ' SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3358 MILLARD AVE Parcel Number 24-506-002-0023-00 Assessable Frontage: 76 Feet Estimated Front Foot Cost: $28.64 per Foot RECEIVED ESTIMATED TOTAL COST $2,176.64 CITY OF MUSKEGON Property Description MAR 16 2004 CITY OF MUSKGEON LAKE MICHIGAN PARK SUB DIV# 1 ENGINEERING DEPARTMENT LOT 23 BLK 2 Your vote COUNTS! Owner I AM IN FAVOR ( • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED iI! -J-..::..::.,.;.;;::.;;~....4!..l(::...;1;..J·..;::r.,,.:....;_I"-_ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signature Signature Address Address Thank you for taking the time to vote on this important issue. 24 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return tn1s card by mail, s1rnpiy fold on tile dotted lines bu thE: addrnss on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment IInformation Property Adpress: 3251 MILLARD AVE Parcel Number 24-156-000-0033-00 'I Assessable Frontage: 85 Feet RECEIVED Estimated Front Foot Cost: · $28.64 per Foot ESTIMATED TOTAL COST $2,434.40 City Clerks Office Property Description CITY OF MUSKEGON BLUFFTON BAY ESTATES CONDOS MUSKEGON COUNTY CONDOMINIUM PLAN #61 UNIT 33 Your vote COUNTS! Owner I AM IN FAVOR~ ~ft;- K /)11}-lb::,Z CoOwner/Spouse I AM OPPOSED J L(l,trn /) • Please vote either in favor or opposed to the Special Assessment Street Paving Project. 1)1,Lle-,z___ s;goat"re Address J/!;i2iJJ{ /);;/::J s[f ?:,2<;,/ s;goam Cr,, /q 4 4 ~uclir,ta. Address':2S'/ IJJf//a,d' .,S•f_ Thank you for taking the time to vote on this important issue. 10 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END RECEIVED Project Description NEW CONSTRUCTION i1'R "i ,, ')fifil, Fil-l.i "- ·' · , -· City Clerks Office INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To ret .· ihis card by rnaii, sirnpiy fuld on the dulled iines :;o u·,0 add;-0:;s on the ;eve;se side is shuvving. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3241 MILLARD AVE Parcel Number 24-156-000-0032-00 Assessable Frontage: 89 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,548.96 Property Description CITY OF MUSKEGON BLUFFTON BAY ESTATES CONDOS MUSKEGON COUNTY CONDOMINIUM PLAN #61 UNIT 32 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED~ Oweec J),~ j(. N/o['Jdhl CoOweec/Spoos~£ MD[;j6L Signaturea ~- ~ Signature Y!.'YJv..J{f:1-< Address 31/D! Lw [)l/05 Dr-- Address 31/QI /_.o, ke bu11es !Jr. 11 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor tt,is special assessment project, sign the form and return it to the City Clerk's Office. To - ·- rt3turn this card by rnaii, sirnply (oid on the dulled iines so the address on the reverse 3ido is ' showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3401 LAKE DUNES DR Parcel Number 24-156-000-0031-00 RECEIVED Assessable Frontage: 56.14 Feet $28.64 per Foot MAR 1 ,, ;M!, Estimated Front Foot Cost: ESTIMATED TOTAL COST $1,607.85 City Clerks Office Property Description CITY OF MUSKEGON BLUFFTON BAY ESTATES CONDOS MUSKEGON COUNTY CONDOMINIUM PLAN #61 UNIT 31 Your vote COUNTS! 12 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by rnctil, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3335 MILLARD AVE Parcel Number 24-506-004-0005-00 Assessable Frontage: 110 Feet RECEIVED I Estimated Front Foot Cost $28.64 per Foot MAR 1 r, ?nn4 ESTIMATED TOTAL COST $3,150.40 City Clerks C)~le~ Property Description CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK4 LOTS 5 & 6 Your vote COUNTS! Address Address 5 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply foic.l on the dott&d lines so the addiess on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR V(;)TE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3308 MILLARD AVE Parcel Number 24-506-002-0028-00 Assessable Frontage: 100 Feet Estimated Front Foot Cost: $28.64 per Foot RECEIVED ESTIMATED TOTAL COST $2,864.00 MAR 1 () 7no4 Property Description CITY OF MUSKEGON City Clerks Office · LAKE MICHIGAN PARK SUB DIV# 1 BLK2 LOTS28 &29 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED ~ Owaec ~-. :!j~~- CoOwner/Spouse _ _ _ _ _ _ _ _ _ __ Signature -~..._.,_AAA~ ___,,,._r/...__.{,v_~___ u Signature Address 3 3 O <{ I}//, llc1:d Address 20 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS . If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please rnturn this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To reiurn ihis card by rnaii, simpiy fold on the dotted lines so the address on the roverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS •:IN FAVOR" OF 1 PROJECT. Assessment Information Property Address: 3224 MILLARD AVE Parcel Number 24-592-000-0006-00 Assessable Frontage: 91 Feet IF-·";:, Estimated Front Foot Cost: $28.64 per.Foot RECEIVED ESTIMATED TOTAL COST $2,606.24 Mf\.R ,:; :>, 7f1[\l1 Property Description City Clerks Office CITY OF MUSKEGON MARINERS POINT PART OF GOVT LOT 3 SEC 33 T10N R16W LOT6 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED [X] Owoec Signature~ ~~ ~ £1 Co. Own~r/Spo.rJ:t: . Signature _.. . iJM(~ /2. < Address 3 2.--L'{ ~ Address 3 2 2L/ b?•J/Mf/ &le< 13 Thank you for taking the time to vote on this important issue. w~ ~Q 4/'t, c ~ (o-,,-J, 1,cy, cf;~- /le)qJ ~ l/'P..J,o '-f_,..,A ,/_ JI, L. <:.r.Y- ,_ •. J r ,4 /1.,,,./J. / ~ <./2,,}~;t,_/ )/;J~_/ SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To · reiurn ihis card by mail, ::;irnply fold o;i the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3236 MILLARD AVE Parcel Number 24-592-000-0007-00 Assessable Frontage: 80 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $2,291.20 Property Description CITY OF MUSKEGON MARINERS POINT PART OF GOVT LOT 3 SEC 33 T10N R16W LOT7 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED IX I Owner ........1t$....0..,,if,_.x/_Jtii.....-~ 'tJi . . . . . . .--- CoOwner/Spouse _ _ _ _ _ _ _ _ __ Signature 7~ l}?IVl,// Signature Address @k ~ Address Thank you for taking the time to vote on this important issue. 14 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return i:his card by iY1Ctil, siinply fold on tho dotted lines so the addre.a3 Oi1 the re\,•erse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3373 MILLARD AVE Parcel Number 24-506-004-0011-00 IHAR 2 2 2004 Assessable Frontage: 50.72 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $1,452.62 RECEIVED Property Description MAR i-' :-'. 7nn4 CITY OF MUSKEGON LAKE MICHIGAN PARK SUB DIV# 1 BLK 4 LOT 11 City Clerks Office EXC THAT PT LYING ELY OF A LINE DESC AS COM AT SECOR OF LOT 11 Your vote COUNTS! I AM IN F A V O ~ I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner µ:.:.il:~~--L....!1--L-,~~.L.!.. CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signatur() U Signature Address 33--73 /'-lj (I / <Agp S:T, Address Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1520 Project Title: MILLARD AVE.,LAKE DUNES DRIVE TO END Project Description NEW CONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To --,. return this Card by· mni!, simply fold on tho dottGd l!ncs so tho address on the reverse side is showing. 'Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 3372 MILLARD AVE Parcel Number 24-506-002-0022-00 Assessabie Frontage: 50.78 Feet Estimated Front Foot Cost: $28.64 per Foot ESTIMATED TOTAL COST $1,454.34 HAR 2 2 2004 RECEIVED Property Description CITY OF MUSKEGON MAR ;,: :• 1nnt, LAKE MICHIGAN PARK SUB DIV# 1 LOT 22 BLK2 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED I~ I Owner /1/)(E H4;1J(l)4-h.> CoOwner/Spouse NA /1( C. Y /..--/ a. /\ 1'-&. h ~ Signature 70£ -fk~4v'Td!a Signature Qa JL:C""/ ~'--r'-"'-b Address 2- ~ p , µ,IA,._ t) {i fl, F/!, &/rl ;;r D Address ,lo.V,IN.4jl...J<.) r:: fl.-, FfL<::Hz..,T 11: Thank you for taking the lime to vote on this important issue. 25 H-1520 MILLARD AVE TO THE WEST END - 2004 PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION TOTAL NUMBER OF PARCELS =25 FOR OPPOSE LETTER# ADD STREET PARCEL# FT LETTER# ADD. STREET PARCEL# FT FEET PERCENTAGE 10 3251 MILLARD 24-156-000-0033-00 85.00 13 3224 MILLARD 24-592-000-0006-00 91.00 1 3373 MILLARD 24-506-004-0011-00 50.72 14 3236 MILLARD 24-592-000-0007-00 80,00 11 3241 MILLARD 24-156-000-0032-00 89.00 TOTAL ASSESSABLE FRONT FOOTAGE 2082.06 9 ifa1ff "11LLARD 24i1 q~:qgq~Q9,3.4~9.C(. __s,s_.09 18 3280 MILLARD 24-506-002-0032-00 75.34 FRONT FEET OPPOSED 1099.28 52.80% 7 3291 MILLARD 24-506-004-0001-00 158.46 19 3292 MILLARD 24-506-002-0030-00 102.10 RESPONDING FRONT FEET IN FAVOR 135.72 6.52% iib'" '"3tfoif MiLLARt5 ·· 2~s9e:062~002s:oo ·· 100.00 21 3334 MILLARD 24-506-002-0026-00 110.00 NOT RESPONDING - FRONT FEET IN FAVOR 847.06 40.68% 5 3:)35 . "11.LLA!(D 2-i-soe:oo,i:aoos:oo ttCfoO 22 3336 MILLARD 24-506-002-0025-00 72.15 TOTAL FRONT FEET IN FAVOR 982.78 47.20% 23 3340 MILLARD 24-506-002-0024-00 70.45 24· 33':l'S . 'Miti)~JHf --?f$O,$~(fo~2~o~;q·o"-- ---fi:i:06 25 3372 MILLARD 24-506-002-0022-00 50.78 TOTALS 135.72 1099 28 TABULATED AS OF: 03/23/04 05:01 PM PETITION FOR PAVING To the City Commission: We, the undersigned property owners abutting on ')111 LLl4-J2J:::> Street, and comprising a majority of the property ownership, petition your Honorable Body to pave Mi LL A-~ D between __,,),,;.',.__.8\=-'-'-D"'--=E'--/..1'-_ P _ _ _ _ _ __ and ~ IL N e-{2. and in consideration of the benefits to be derived from the above mentioned improvement do hereby consent to such paving and hereby agree that the proportionate costs thereof be assessed against my property as a special assessment and agree to pay for the same. Petition circulated b~~ ti -( ,\" !V,---/ Siu1u-u v_, - , _r_ , '? 5-5"'-Z.,Z, 7 -> { ;(.._ /:';'( t-- ;;, i· 7 Note: - \,r,,(!. 1 ,r,,,., /( cl,)('.,,,·1 1, I(, 11 ,) 1 1 ; \'I\"-\ \1.\ \'\ l1 Where property is being purchased on contract, both parties must sign. ", '.l r , ./ PROPERTY PROPERTY FRONT NAME ADDRESS BLOCK FOOTAGE RECEIVED Clty_Clerks Office '333 AUG l 'l I\MUSKDATA\DATAIENGINEERING\COMMON\PETITITON FOR PA YING FORM.doc c, .' {\1;n/n1~.J,·o,.,.., /1}q n C!,;J' fr , &1)£.,'n t'.i'l't? Date: March 23, 2004 To: Honorable Mayor and City Commissioners From: Enginee1ing RE: Public Hearing Create Special Assessment District for: Western Ave., Pine to Terrace SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Western Ave., Pine to Terrace project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. Furthermore, should the district be created, your permission is requested to add this project onto the Shoreline Dr. project with Milbocker & Sons as a change order utilizing all applicable unit prices on said project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2004-3 l(c) Resolution At First Hearing Creating Special Assessment District For Western Ave., Pine to Terrace Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 23, 2004 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 23, 2004, there were 13.66% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Shepherd and Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 24.96% 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 Nays: None CITY OF MUSKEGON By ~~ Q_ L:-~ d Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 23, 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 1 tl:. .- LQ_L:r.J Gail A. Kundinger, Clerk EXHIBIT A WESTERN A VE., PINE TO TERRACE SPECIAL ASSESSMENT DISTRICT All properties abutting that section of All properties abutting Western Ave., Pine to Terrace EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT NO SCALE AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Western Ave., Pine St to Terrace 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 12TH DAY OF MARCH 2004. SUBSCRIBED AND SWORN TO BEFORE ME THIS s::ZDA DAY OF /llac<.: /2 , 2004. d~ RS?. llrtlu NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES J -;l,S:-{J h ENGINEERING FEASIBILITY STUDY For WESTERN AVE., PINE TO TERRACE The proposed improvement, RECONSTRUCTION, of Western from Pine to Terrace, see attached location map, was initiated by a the city due to the conditions of the road. The existing pavement has deteriorated to a point where any other type improvements would not be feasible. Furthermore, the underground utilities such water and sewer have been in the ground since the turn of the century. This project would complement the ongoing work on Shoreline Dr. The proposed improvement consists of the removal of existing pavement and the construction of a curb and gutter road as well as new utilities. A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is approximately $100,000 with the length of the project being approximately 600 lineal feet or 71 O' of assessable front footage. This translates into an estimated improvement cost of$ I 40 per assessable foot. The assessment figure will be at a cost not to exceed $35.15 per assessable foot as established in the 2004 Special Assessment for this type of improvement MUSKEGON COUNTY M C H G A N BOARD OF COMMISSIONERS Paul T. Baade, Chair District 10 Bill Gill, Vice-Chair March 10, 2004 District 8 Mohammed Al-Shatel, City Engineer Douglas A. Bennett 933 Terrace Street District 7 Muskegon,MI49443 Charles L. Buzzell District 2 Mr. Al-Shatel: James J. Derezinski District 4 In accordance with your request, I have examined the proposed special Marvin R. Engle assessment district entailing the reconstruction of W estem Avenue located District 5 between Terrace Street and Pine Street. The purpose of this analysis is to Louis A. McMurray document the reasonableness of this special assessment district by District 9 identifying and quantifying any accrued benefits. It is subject to the Robert Scolnik normal governmental restrictions of escheat, taxation, police power and District 11 eminent domain. The effective date is March 10, 2004. I. John Snider II District 3 In conclusion, it is my opinion that the special assessment amounts justly Nancy A. Waters and reasonably represents the accrued benefits to the properties District 6 encompassed by this project. The amounts reflect the sum of the Stephen R. Wisniewski immediate estimated value enhancement and the intrinsic value that will District 1 accrue from an overall increase in property values due to an improved quality of life created by the proposed project. The proposed special assessment district encompasses a mixture of properties, but the front foot rate of$ 35.15 appears reasonable in light of our analysis that indicates a probable enhancement of$36.00. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, J~t~C\-~ ~ Vicki A Emery, CMAE 3 Senior Appraiser EQUALIZATION DEPARTM ENT • 173 E. APPLE AVE., BUILD ING C • MUSKEGON, Ml 49442 (231) 724-6386 • FAX (231) 724-1129 TTY (231) 722-4103 • An EEO I ADA I AA Employer recycled paper March 12, 2004 Dear :OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS & STREET. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, it will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions, decline, or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 or your ward commissioner if you require more information. A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this public hearing you will be given an opportunity to present your questions and potential concerns on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. March 12, 2004 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: WESTERN AVE., PINE ST. TO TERRACE ST. The proposed special assessment district will be located as follows: All parcels abutting Western Ave. from Pine St. to Terrace St. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $100,000.00 of which approximately 24.96% ($24,965.29) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, /}"J)c/!"44-,vv~c✓-£/2Jv{_' Mohammed AI-Shatel, P.E. City Engineer SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1586 Project Title: WESTERN AVE., PINE ST. TO TERRACE ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 164.5 Feet Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $5,782.18 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 5 INCL AND LOTS 24 AND 25 BLOCK 175 SUBJ TO SEWER EASEMENTS OF RECORD CEZ CERT# 97-0001 BEG 12-30· 1998 END 12-30-2003 ROLL BEG 1999 END 2003 24-931-097-0001-00 Your vote COUNTS! Owner I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. CoOwner/Spouse I AM OPPOSED • Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/ To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or.more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717, CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created for the following projects: MILLARD AVE.,LAKE DUNES DRIVE TO END YUBA ST., EASTERN A VE. TO SUMNER ST. AND WESTERN AVE., PINE ST. TO TERRACE ST. The specific locations of the special assessment districts and the properties proposed to be assessed are: All parcels abutting Millard Ave. from Lake Dunes Drive to End All parcels abutting Yuba St. from Eastern Ave. to Sumner St. And All parcels abutting Western Ave. from Pine St. to Terrace St. The City Commission proposes that the City and prope11y owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Depai1ment during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MARCH 23, 211/14 AT 5:311 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: March 13, 2004 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1586 RECONSTRUCTION HEARING DATE MARCH 23, 2004 WESTERN AVE., PINE ST. TO TERRACE ST. 1 MUSKEGON CONSTRUCTION ASSESSABLE FEET: 164.5 24-205-175-0001-00 111 W WESTERN AVE COST PER FOOT: $35.15 @ 111.0 W WESTERN A MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $5,782.18 I PERCENTAGE OF TOT AL FRONTAGE 23.1609 2 FIRST GENERAL CREDIT UNION ASSESSABLE FEET: 97 24-205-175-0006-00 589 E ELLIS RD COST PER FOOT: $35.15 @ 121.0 W WESTERN A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,409.55 I PERCENTAGE OF TOTAL FRONTAGE 13.6572 3 PROMISED LAND ASSOC ASSESSABLE FEET: 67.25 24-205-175-0010-00 3315 REAL ST COST PER FOOT: $35.15 @ 790.0 TERRACES HOUSTON TX 77087 ESTIMATED P.O. COST: I $2,363.84 1 PERCENTAGE OF TOTAL FRONTAGE 9.4685 4 CITY OF MUSKEGON ASSESSABLE FEET: 381.5 24-205-556-0001-00 933 TERRACE ST COST PER FOOT: $35.15 @ 750.0 TERRACES MUSKEGON Ml 49443-053 ESTIMATED P.O. COST: I $13,409.73 1 PERCENTAGE OF TOTAL FRONTAGE 53.7135 SUM OF ASSESSABLE FOOTAGE: 710.25 SUM OF ESTIMATED P.O. COST: $24,965.29 I TOTAL NUMBER OF ASSESSABLE PARCELS 4.00 3/12/2004 Page 1 of 1 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1586 Project Title: WESTERN AVE., PINE ST. TO TERRACE ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this sr.ecial assessment project. sign the form and return it to the· City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 121 W WESTERN AVE RECEIVED Parcel Number 24-205-175-0006-00 MAR l. . ? 1!!!1 Assessable Frontage: 97 Feet Ciht Clerks Office Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $3,409.55 RECE{\Jf=n Property Description CITY OF MUSKEGON C'ty 1 C/ REVISED PLAT oF 1903 erks Offici LOTS 6 THRU 9 INCL BLK 175 CEZ CERT# 99-002 BEG 12-30-1999 END 12-30-2004 ROLL BEG 2000 END 2004 - -099-0002-00 Your vote COUNTS! Owner I AM IN FAVOR /)1cJ • Please vote either in favor or opposed to the Special Assessment Street Paving Project. f:.c;/ c:i-,;; /CJc:,/;/- CoOwner/Spouse I AM OPPOSED IX I ,__-'-'-'-'::.;__......:,J,,;.;;a...;;:..:........:........;;;.:..:....i..J1J101J ------------ Signature LQ~ .-- }17 ~.J(.'/;'°C' Signature Address /,.;1; le/ qt..,,<J_...,_,_.,,., d.o-v Address } i ~ o'""-': J1-L.t...' cf t V V / Thank you for tplking tl'ie time to vote on this important issue. 2 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1586 Project Title: WESTERN AVE., PINE ST. TO TERRACE ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project. sign the form and return it to the City Clerk's Office. To return this card by ma!I, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 111 W WESTERN AVE Parcel Number 24-205-175-0001-00 Asse1;sable Frontage: 164.5 Feet RECEIVED Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $5,782.18 Citv Clerks Office Property Descrii;;tion CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 5 INCi. AND LOTS 24 AND 25 BLOCK 175 SUBJ TO SEWER EASEMENTS OF RECORD CEZ CERT# 97-0001 BEG 12-30• 199B END 12-30-2003 f,OLL BEG 1999 END 2003 24-931·097-0001-00 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner I AM IN FAVOR ~ I AM OPPOSED • /IJJ,~~:t.a:!~~t.:¢:~'•W·•~·'11JSJ,·'~(v~oOwner/Spouse _ _ _ _ _ _ _ _ _ _ __ Signature Signature Address Address Thank you for taking the time to vote on this important issue. H-1586 - WESTERN AVE., PINE ST. TO TERRACE ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION TOTAL NUMBER OF PARCELS =4 FOR OPPOSE LETTER# ADD STREET PARCELL# FT LETTER# ADD. STREET PARCELL# FT FEET PERCENTAGE 111 WESTERN24-205-175-0001-00 164.50 2 121 W. WESTERN 24-205-175-0006-00 97.00 TOTAL ASSESSABLE FRONT FOOTAGE 710.25 FRONT FEET OPPOSED 97.00 13.66% RESPONDING FRONT FEET IN FAVOR 164.50 23.16% NOT RESPONDING - FRONT FEET !N FAVOR 448.75 63.18% TOTAL FRONT FEET IN FAVOR 613.25 86.34% TOTALS 164.50 97.00 TABULATED AS OF: 03/23/04 05:08 PM Date: March 23, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Yuba St., Eastern to Sumner SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Yuba St., Eastern to Sumner project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: Constriction cost plus related engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No.- - - - - Resolution At First Hearing Creating Special Assessment District For Yuba St., Eastern to Sumner Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on March 23, 2004 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 23, 2004, there were _ _ _% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and dete1mines them to be reasonable. 2. The City Commission has considered the value of the prope1ty to be assessed and the value of the benefit to be received by each property proposed lo be assessed in the district alter 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 prope1ty 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 Depmiment shall prepare plans for financing including submission of application to the Michigan Depmiment of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 32.84% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 23, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ENGINEERING FEASIBILITY STUDY For YUBA ST., EASTERN TO SUMNER The proposed improvement, RECONSTRUCTION, of Yuba St. from Eastern to Sumner, see attached location map, was initiated by a the city due to the conditions of the road. The existing pavement has deteriorated to a point where any other type improvements would not be feasible especially since the proposed improvements includes the replacement of an 8" watennain along with services. The proposed improvement consists of the removal of existing pavement and the construction of a curb and gutter road as well as new utilities. A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is approximately $250,000 with the length of the project being approximately 1400 lineal feet or 2336' of assessable front footage. This translates into an estimated improvement cost of $107 per assessable foot. The assessment figure will be at a cost not to exceed $35.15 per assessable foot as established in the 2004 Special Assessment for this type of improvement MUSKEGON COUNTY M C H G A N BOARD OF COMMISSIONERS Paul T. Baade, Chair District 10 Bill Gill, Vice-Chair District 8 February 25, 2004 Douglas A. Bennett Mohammed Al-Shatel, City Engineer District 7 City of Muskegon 933 Terrace Street Charles L. Buuell District 2 Muskegon, MI 49443 James J. Derezinsl<i Mr. Al-Shatel: District 4 In accordance with your request, I have examined the proposed special assessment Marvin R. Engle district entailing the reconstructing of Yuba Street between Eastern Avenue and District 5 Sumner Street. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is Louis A. McMurray District 9 subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is February 25, 2004. Robert Scolnik District 11 In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this I. John Snider II District 3 project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due Nancy A. Waters to an improved quality of life created by the proposed project. As previously District 6 presented, the proposed special assessment district encompasses primarily residential Stephen R. Wisniewski properties. The front foot rate of $35.15 for the reconstructing of the above District 1 mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of $36.21. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, Jl:JG Q, ~ Vicki A Emery, CMAE 3 Senior Appraiser EQUALIZATION DEPARTMENT • 173 E. APPLE AVE. , BU ILDING C • MUSKEGON , Ml 49442 (231) 724-6386 • FAX (231) 724-1129 TTY (23 1) 722-4103 • An EEO I ADA I AA Employer recycled pap er EXHIBIT A YUBA ST., EASTERN TO SUMNER SPECIAL ASSESSMENT DISTRICT All properties abutting that section of All properties abutting Yuba St., Eastern to Sumner EXHIBIT 'J\" SPECIAL ASSESSMENT DISTRICT ND SCALE March 12, 2004 Dear :OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1 The City of Muskegon is asking for your support for improvement of the street adjoining your property located at PROPERTY ADDRESS & STREET. The City of Muskegon believes that by making the proposed street improvements you will have less road noise, dust, and wear and tear on your vehicle. In addition, street improvements provide easier access for delivery of services such as snow plowing, mail delivery, and bus service. Called a special assessment district, the largest percentage of the proposed street improvement will be paid for by the City of Muskegon (via local funds and or grants); however, ii will be necessary for you to cover a share of the cost (which you can spread over a period of ten years) based on the amount of property you own bordering the street. A description of the project, including the associated cost to you and the City, is located in the documents attached to this letter. While the City of Muskegon believes that the proposed improvements will result in a safer and cleaner street while adding curb appeal to your property, you do have the right to ask further questions, decline, or protest participation in this particular project. Please carefully review the enclosed materials and call the City's Engineering Department at 724-6707 or your ward commissioner if you require more information. A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this public hearing you will be given an opportunity to present your questions and potential concerns on the proposed special assessment district to the commission. Also located in this packet of materials is a Special Assessment Hearing Response Card. If mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing your vote will be added to the tabulation of votes during the public hearing. If you do not send in this form your vote counts as "in favor" of the project. Thank you for your participation in improving the quality of life in the Muskegon community. March 12, 2004 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: YUBA ST., EASTERN AVE. TO SUMNER ST. The proposed special assessment district will be located as follows: All parcels abutting Yuba St. from Eastern Ave. to Sumner St. It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $250,000.00 of which approximately 32.84% ($82,110.40) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, ;Jn)/ ~w~ oJ.£LJ~ Mohammed AI-Shatel, P.E. City Engineer OWNERS NAME OWNERS ADDRESS OWNERS CITY OWNE OWNERS RS ZIPCODE STATE CITY CLERK 933 Terrace Street P.O. Box 536-CITY HALL Muskegon, Ml 49443-0536 CITY OF MUSKEGON STREET- H-1581 YUBA ST., EASTERN AVE. TO SUMNER ST. REQUEST FOR ,vAIVER OF SPECIAL ASSE:SSMENT II 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 propc1iy for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chmi below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2003 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT 1 $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,326 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, 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 suppmiing 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 ver(fj 1 all application information, and to reject any applications that contain falsified information or ins1dficient docwnentatfrm. CITY OF MUSKEGON STREET- H-1581 YUBA ST., EASTERN AVE. TO SUMNER ST. REQUEST FOR WAIVER OF SPECIAL ASSESSMENT Note: You may receive this application several times - If you hm•e already applied, please discard. Dear Resident: The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chaii below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2003 165% MEDIAN HOUSEHOLD JNCOME CHART I FAMILY SIZE INCOME LIMIT I $27,885 2 3 I ,850 3 35,880 4 39,845 5 43,030 6 46,326 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mmigage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, 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 ver({j,· all application i1?formatio11, and to reject any applications that containfalsiflt'd i1?formation or insi!fficient docwnentation. 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 SPECIAL ASSESSMENT DISTRICTS IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is proposing that special assessment districts be created for the following projects: MILLARD A VE.,LAKE DUNES DRIVE TO END YUBA ST., EASTERN AVE. TO SUMNER ST. AND WESTERN AVE., PINE ST. TO TERRACE ST. The specific locations of the special assessment districts and the prope1ties proposed to be assessed are: All parcels abutting Millard Ave. from Lake Dunes Drive to End All parcels abutting Yuba St. from Eastern Ave. to Sumner St. And All parcels abutting Western Ave. from Pine St. to Terrace St. The City Commission proposes that the City and property owners by means of special assessments will share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MARCH 23, 2004 AT 5:30 O'CLOCK P.M PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH TI-IE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT TI-IE HEARING CONFIRMING TI-IE ROLL, EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISII: March 13, 2004 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1581 RECONSTRUCTION HEARING DATE MARCH 23, 2004 YUBA ST., EASTERN AVE. TO SUMNER ST. 1 FREYE & FREYE LLC ASSESSABLE FEET: 178 24-205-168-0011-00 33 LEDGEMERE RD COST PER FOOT: $35.15 @ 665.0 YUBA ST WINTHROP ME 04364 ESTIMATED P.O. COST: I $6,256.70 1 2 CITY OF MUSKEGON ASSESSABLE FEET: 188 24-205-168-0014-00 933 TERRACE ST COST PER FOOT: $35.15 @ 653.0 YUBA ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $6,608.20 1 3 CITY OF MUSKEGON ASSESSABLE FEET: 89 24-205-160-0009-00 933 TERRACE ST COST PER FOOT: $35.15 @ 599.0 YUBA ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $3,128.35 1 4 JONES ROLAND ASSESSABLE FEET: 219 24-205-160-0010-00 11182 LAKE DR COST PER FOOT: $35.15 @ 595.0 YUBA ST IDLEWILD Ml 49642-955 ESTIMATED P.O. COST: I $7,697.85 1 5 BARNHART JUDY A ASSESSABLE FEET: 144 24-205-160-0015-00 3564 CENTRAL RD COST PER FOOT: $35.15 @ 563.0 YUBA ST N MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $5,061.60 1 6 AIKENS CHARLIE L ASSESSABLE FEET: 99 24-205-155-0008-00 1223 LEONARD COST PER FOOT: $35.15 @ 543.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 7 WILLIAMS LAWRENCE ASSESSABLE FEET: 66 24-205-155-0009-00 375 MONROE AVE COST PER FOOT: $35.15 @ 535.0 YUBA ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,319.90 1 3/12/2004 Page 1 of 3 RECONSTRUCTION HEARING DATE MARCH 23, 2004 YUBA ST., EASTERN AVE. TO SUMNER ST. 8 CITY OF MUSKEGON ASSESSABLE FEET: 66 24-205-155-0010-00 933 TERRACE ST COST PER FOOT: $35.15 @ 523.0 YUBA ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,319.90 1 9 JONES NATHAN ASSESSABLE FEET: 99 24-205-155-0011-00 515 YUBA ST COST PER FOOT: $35.15 @ 515.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 10 MARTIN KENNETH ASSESSABLE FEET: 132 24-205-155-0013-00 505 YUBA ST COST PER FOOT: $35.15 @ 505.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $4,639.80 1 11 CITY OF MUSKEGON ASSESSABLE FEET: 264 24-205-167-0001-00 933 TERRACE ST COST PER FOOT: $35.15 @ 650.0 YUBA ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $9,279.60 1 12 CITY OF MUSKEGON ASSESSABLE FEET: 132 24-205-161-0005-00 933 TERRACE ST COST PER FOOT: $35.15 @196.0 HALLAVE MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $4,639.80 1 13 COLEMAN JOHN ASSESSABLE FEET: 132 24-205-161-0003-00 3735 HIGHGATE RD COST PER FOOT: $35.15 @ 588.0 YUBA ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $4,639.80 1 14 NEW HOPE BAPTIST CHURCH ASSESSABLE FEET: 132 24-205-161-0001-00 233 GIDDINGS AVE COST PER FOOT: $35.15 @ 564.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $4,639.80 1 3/12/2004 Page 2 of 3 RECONSTRUCTION HEARING DATE MARCH 23, 2004 YUBA ST., EASTERN AVE. TO SUMNER ST. 15 BURT JAMES L ASSESSABLE FEET: 99 24-205-154-0006-00 544 YUBA ST COST PER FOOT: $35.15 @ 544.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 16 REED NOBIE L/MCINTOSH VERN ASSESSABLE FEET: 99 24-205-154-0004-00 530 YUBA ST COST PER FOOT: $35.15 @ 530.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 17 WILLIAMS FRANK/CAROLYN ASSESSABLE FEET: 99 24-205-154-0003-00 516 YUBA ST COST PER FOOT: $35.15 @ 516.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 18 BURT ARTHUR ASSESSABLE FEET: 99 24-205-154-0001-00 500 YUBA ST COST PER FOOT: $35.15 @ 500.0 YUBA ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $3,479.85 1 SUM OF ASSESSABLE FOOTAGE: 2336.00 SUM OF ESTIMATED P.O. COST: $s2. 110.40 I TOTAL NUMBER OF ASSESSABLE PARCELS 18.00 3/12/2004 Page 3 of 3 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Yuba St.. Eastern to Sumner. 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 12TH DAY OF MARCH 2004. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAY OF _ _ _ _ _ _ _ _ ., 2004. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES - - - - - - - - HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have vour vote count. olease Return This Card Bv: MARCH 9. 2004 RECEIVED H 1581 CITY OF MUSKEGON Proiect Number: Proiect Title: YUBA ST., EASTERN AVE. TO SUMNERS MAR 2 3 2004 Project Description: RECONSTRUCTION ENGINEERING DEPARiMENi ~----~--~-- . INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the dale indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dolled lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF Assessment Information Property Address: 563 YUBA ST Parcel Number 24-205-160-0015-00 Assessable Frontage: 144 Feet Estimated Front Foot Cost: $35.15 per Foot 01v]) ·J ESTIMATED TOTAL COST Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 $5,061.60 ,~l< '-1) \ o· rl'·1t , ~\~~/1. NLY 12 FT OF LOT 14 ALL LOTS 151617 BLK 160 ALSO S 1/2 VAC GIDDINGS AVE ADJ YourvoteCOUNTS! (Y~J " V';tf' j '!i.VJJ" Owner(_ 1AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Proje~, .. ,I., 4- , ,z:.,,~A"~~~ CoOwner/Spouse I AM OPPOSE~ f/.j,J~l_ ~ Signal e Signature Address fu . _. Address _ ?. . IC/ L(\ 5 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1581 · Project Title: YUBA ST., EASTERN AVE. TO SUMNER ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return ii to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 530 YUBA ST Parcel Number 24-205-154-0004-00 Assessable Frontage: 99 Feet Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $3,479.85 RECEIVED Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 City Clerks Office LOT 4 & N 1/2 LOT 5 BLK 154 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Proje9t/ I AM OPPOSED 121/ Owner Signature /':lab. I'_ :jeep Q 7-Jo-6---v.., 7?.,:_c,,c:/ CoOwoec/Spocse Signature ~~=.-. . --=:::::::::_':::::::::_ - ~ ··~ Address S:&i /\\ 1, \oo :5'·\ Address '.:)".3 <:, \.,h,,\,),g j -J- \ \ 16 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1581 Project Title: YUBA ST., EASTERN AVE. TO SUMNER ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 543 YUBA ST Parcel Number 24-205-155-0008-00 Assessable Frontage: 99 Feet eowo S)jJ91:J l\l!O Estimated Front Foot Cost: $35.15 per Foot "iuu!, ... t ~vw ESTIMATED TOTAL COST $3,479.85 03/\13~38 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 7 ALL LOT 8 & N 1/2 VAC GIDDINGS AVE ADJ BLK 155 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Pavi: ,g Project. I AM OPPOSED JZI Ow,ec {¼,r(/ '. f)/i[.e IV<; CoOw,ec/Spo"'e ~;(15 Signature {~"" $/4.?r<O Signature _ '-4_ ;__ L _ _ Address J;y},JjettAt,fff~~c /?J,(,)5/(.e'.Go. //Jv:. --s,-c <r-5'2 Address i,43.ikvz2azW,f1rla.1J£- /?;ib;.rev--i-;-t/ /JlZ -YJ?~-9:Z6 ThanR you for taking the time to vote on this important issue. '/ · SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1581 Project Title: YUBA ST., EASTERN AVE. TO SUMNER ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 544 YUBA ST Parcel Number 24-205-154-0006-00 Assessable Frontage: 99 Feet Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $3,479.85 MAR 2 3 20Di Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 5 LOT 6 BLK 154 Your vote COUNTS! Owner I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature Address Address Thank you for taking the time to vote on this important issue. 15 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 23, 2004 Project Number: H 1581 Project Title: YUBA ST., EASTERN AVE. TO SUMNER ST. Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 500 YUBA ST Parcel Number 24-205-154-0001-00 Assessable Frontage: 99 Feet Estimated Front Foot Cost: $35.15 per Foot ESTIMATED TOTAL COST $3,479.85 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 MAR 2 3 2004 LOT 1 & N 1/2 LOT 2 BLK 154 Your vote COUNTS! I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. - I AM OPPOSED 0 Owner Aroi/.Jt &.112 1· CoOwner/Spouse-4.,:.Jw;;;;-""--4'-i,(..-.--...,f,,;;.::..l,;;;l~-..i,_ Signature Di::::Cel/5 t:7.J) Signature Address Address C-/)() > )V ✓ Thank you for taking the time to vote on this important issue. 18 ~ H-1581 - YUBA ST., EASTERN AVE. TO SUMNER AVE. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATJ_ON TOTAL NUMBER OF PARCELS =18 FOR OPPOSE LETTERt; ADD STREET PARCEL# FT LETTER;; ADD. STREET PARCEL# FT EEEI = 10 16 6 505 530 543 YUBA YUBA YUBA 24-205-155-0013-00 24-205-154-0004-00 24-205-1555-0008-00 132.00 99.00 99.00 TOTAL ASSESSABLE FRONT FOOTAGE 2336.00 5 563 YUBA 24-205-160-0015-00 144.00 665 YUBA 24-205-168-0011-00 178.00 FRONT FEET OPPOSED 652.00 27.91% RESPONDING FRONT FEET IN FAVOR 0.00 0.00% NOT RESPONDING - FRONT FEET IN FAVOR 1684.00 72.09% TOTAL FRONT FEET IN FAVOR 1684.00 72.09% TOTALS 0.00 652.00 TABULATED AS OF: 03/23/04 05:09 PM Commission Meeting Date: March 16, 2004 Date: March 24, 2004 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: 2004 - 2005 CDBG/HOME Allocations. SUMMARY OF REQUEST: To accept the administrations and Citizens District Councils recommendation in regards to the 2004 - 2005 CDBG/HOME anticipated entitlement and to make the Commissions preliminary allocation decision. The Commission is scheduled to make their final decision regarding the 2004-2005 CDBG/ Home allocation entitlement during the Public Hearing scheduled for April 13, 2004 FINANCIAL IMPACT: Uncertain at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the administration recommendation. COMMITTEE RECOMMENDATION: The Citizen District Council has made their recommendations. (See attached spreadsheet.) 2004 - 2005 CDBG / HOME ACTIVITY Community Development Block Grant City Commission Administration Citizen District Council Preliminary City Commission Organization NamefProgram Title Amount Requested Recommendation Recommendation Recommendation Final Decision 1 Muskegon Community Health Project $ 8,000.00 * $ 7,000.00 $ 7,000.00 "Miles for Smile Dental Services" 2 West Michigan Veterans 5,000.00 * 5,000.00 5,000.00 Veterans Assistance 3 Pioneer Resources 4,800.00 * 2,500.00 2,500.00 Rec for People wldisabilities 4 HealthCare 7,225.00 * 6,000.00 5,000.00 Health screening to low-income 5 American Red Cross 5,000.00 * 5,000.00 5,000.00 Senior Transportation .J 6 ·Volunteer Muskegon 5,000.00 * 2,500.00 Youth Survey/Mapping l 7 Volunteer Muskegon 5,000.00 * 2,500.00 5,000.00 Keep Kids in School Truancy 8 Legal Aid of Western Michigan 43,302.00 * 9,000.00 9,000.00 Counseling/Legal Education J 9 Family Services Center, Inc 10,000.00 * 5,000.00 6,000.00 DAD'S 10 Lakeshore Fair Housing Alliance 10,000.00 * 7,000.00 6,000.00 Fair Housing J11 Muskegon Public Schools 15,000.00 * 7,500.00 8,500.00 Software 12 Neighborhood Invest Corp 6,500.00 * 2,500.00 2,500.00 Main street 13 Muskegon Retirement Apartment Inc 10,200.00 * 5,000.00 5,000.00 Fire Code Compliance Community Development Block Grant City Commission Administration Citizen District Council Preliminary City Commission Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision 14 Community and Neighborhood Services $ 210,000.00 $ 170,000.00 $ 170,000.00 Siding Program 15 Fire/Inspection 155,000.00 60,000.00 60,000.00 Dangerous Bui/ding/Demolition 16 Community and Neighborhood Services 215,000.00 180,000.00 180,000.00 Emergency Rehabilitation 17 Community and Economic Development 20,000.00 Far,;ade Improvement 18 Community and Neighborhood Services 187,000.00 •• 175,000.00 175,000.00 CDBG Administration 19 Community and Neighborhood Services 125,000.00 118,000.00 118,000.00 Rehab Service Delivery 20 Engineering/ CNS 50,000.00 35,000.00 35,000.00 Sidewalk Assessment Relief 21 Engineering I CNS 80,000.00 45,000.00 45,000.00 Street Assessment Relief 22 Leisure Services 80,000.00 * 70,000.00 70,000.00 Youth recreation 23 Finance Dept 245,000.00 245,000.00 245,000.00 Repayment of Shoreline Dr. Bond 24 City Planning 40,000.00 35,000.00 35,000.00 Lot Clean-up 25 City Planning 45,000.00 40,000.00 40,000.00 Code Enforcement 26 DPW 56,784.00 * 46,500.00 46,500.00 Senior Transit Community Development Block Grant City Commission Administration Citizen District Council Preliminary City Commission Organization Name/Program Title Amount Reguested Recommendation Recommendation Recommendation Final Decision Total CDBG Request 1,643,811.00 Total CDBG Allocated + Pl $75,000 1,287,000.00 1,287,000.00 1,287,000.00 1,287,000.00 $ 1,287,000.00 Recommendations 1,287,000.00 1,286,000.00 1,286,000.00 0.00 $ Allocated/Request Difference $ (356,811.00) 1000.00 $ 1,000.00 $ 1,287,000.00 $ 1,287,000.00 Total Amt of Public Service* 215,027.00 136,500.00 136,500.00 Public Service mandated Amt < or= to 15% 193,050.00 193,050.00 193,050.00 193,050.00 $ 193,050.00 Difference $ (21,977.00) $ 56,550.00 $ 56,550.00 $ 193,050.00 $ 193,050.00 Total Amt of City Administration Request** 187,000.00 175,000.00 175,000.00 0.00 $ Administrative mandated Amt < 20% 257,400.00 257,400.00 257,400.00 257,400.00 $ 257,400.00 Difference $ 70,400.00 $ 82,400.00 $ 82,400.00 $ 257,400.00 $ 257,400.00 HOME City Commission Administration Citizen District Council Preliminary City Commission Organization Name/Program Title Amount Reguested Recommendation Recommendation Recommendation Final Decision 1 Community and Neighborhood Services 75,000.00 75,000.00 $ 75,000.00 Tax-Reverted Rehabilitation 2 Community and Neighborhood Services 85,000.00 80,000.00 $ 80,000.00 HOME Infill Program 3 Community and Neighborhood Services 33,700.00 ••• 33,700.00 $ 33,700.00 HOME Administration 4 Neighborhood Investment Corp $ 100,000.00 •••• $ 80,000.00 $ 80,000.00 Housing Rehab, Neighborhood Imp. 5 Habitat For Humanity 50,000.00 •••• 47,000.00 $ 47,000.00 Acquisition/Rehab 6 Trinity Village Non-Profit Housing Corp 25,000.00 •••• 22,000.00 $ 22,000.00 Single-Family Acquisition Total Amt of HOME Request $ 368,700.00 $ 337,700.00 $ 337,700.00 HOME Allocation 337,937.00 $ 337,937.00 $ 337,937.00 Reprogram Funds Total Amt Home Available 337,937.00 337,937.00 $ 337,937.00 Total Amt Difference $ (30,763.00) $ 237.00 237.00 $ Total Amt of HOME Administration••• $ 33,700.00 $ 33,700.00 $ 33,700.00 Total Amt mandated = 10% $ 33,700.00 $ 33,700.00 $ 33,700.00 Difference $ - $ - $ - $ - $ Total amt of HOME CHOO request•••• $ 175,000.00 $ 149,000.00 $ 149,000.00 Total Amt mandated 15% 50,690.00 50,690.00 50,690.00 50,690.00 50,690.00 Difference $ (124,310.00) $ (98,310.00) $ (98,310.00) $ 50,690.00 $ 50,690.00 NOTE *Public Service, ..City CDBG Administration, ***HOME Administration, ••••cHDO Request Q:CNS\Common\Excel\04.0S_Act Commission Meeting Date: March 23, 2004 Date: March 16, 2004 Honorable Mayor and City Commissioners (· To: From: Planning & Economic Development age, RE: Rezoning request for property located at 955 W. Laketon. SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon, from B-4, General Business to RT, Two Family Residential. 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 3/11 meeting and recommended that the City Commission ask the ZBA to reconsider the hardship application for this property. The denial request was approved with Commissioners S. Warmington, B. Smith, and T. Michalski voting nay. T. Johnson was absent. 3/16/2004 1 AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 3/23/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 16, 2004 RE: Public Safety Administration Salary Ranges SUMMARY OF REQUEST: To approve the salary ranges for the Director of Public Safety and the Deputy Director of Public Safety for Fire Services. FINANCIAL IMPACT: Included in the net savings of $100,000 for Public Safety Administrative consolidation. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the salary ranges. COMMITTEE RECOMMENDATION: The City Commission has previously endorsed the Public Safety Administration concept. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS • 0: (PUBLIC SAFETY ADMIN-SALARY RANGES) ADMINISTRATIVE/TECHNICAL/PROFESSIONAL/SUPERVISORY SALARY RANGES EFFECTIVE 3/28/2004 MINIMUM SALARY MAXIMUM SALARY RANGE 1-A $67,302 $89,736 Director of Public Safety RANGE Ill $53,220 $70,817 Deputy Director of Public Safety for Fire Services JMS - 0: EXCEL (2004 SALARY RANGES-REVISED 031704) .mQ!! NON-REPRESENTED EMPLOYEES SALARY SCHEDULE SALARY SCHEDULE 11 STEPS Cl A$$1FIQ8 TIQN RANGE I-A $TEP 1 67,302 = 69,545 = 71,789 $TEP4 74,032 = 76,276 = 78,519 = 80,762 = 83,006 = 85,249 filEE...1.Q 87,493 filE.e...1.1 89,736 RANGE I 62,910 65,007 67,104 69,201 71,298 73,396 75,493 77,590 79,687 81,784 83,881 RANGE JI-A 58,097 60,034 61,970 63,907 65,843 67,780 69,717 71,653 73,590 75,526 77,463 RANGE 11-8 55,658 57,506 59,354 61,203 63,051 64,899 66,747 68,595 70,444 72,292 74,140 RANGE Ill 53,220 54,980 56,739 58,499 60,259 62,019 63,778 65,538 67,298 69,057 70,817 RANGE IV 45,844 47,372 48,900 50,428 51,956 53,485 55,013 56,541 58,069 59,597 61,125 RANGE V 43,878 45,341 46,804 48,267 49,730 51,193 52,655 54,118 55,581 57,044 58,507 RANGE Vl 41,123 42,494 43,865 45,236 46,607 47,978 49,349 50,720 52,091 53,462 54,833 RANGE VII-A 38,061 39,330 40,599 41,868 43,137 44,406 45,675 46,944 48,213 49,482 50,751 RANGE Vll-8 35,719 36,910 38,101 39,292 40,483 41,674 42,865 44,056 45,247 46,438 47,629 RANGE VIII 33,698 34,822 35,945 37,069 38,192 39,316 40,439 41,563 42,686 43,810 44,933 RANGE IX 29,694 30,684 31,674 32,663 33,653 34,643 35,633 36,623 37,612 38,602 39,592 RANGE X 27,538 28,456 29,374 30,293 31,211 32,129 33,047 33,965 34,884 35,802 36,720 RANGE XI 25,076 25,912 26,748 27,584 28,420 29,256 30,092 30,928 31,764 32,600 33,436 JMS•O: EXCEL (2004-2%-REVISED 03/17/04) Updated: 3/17/04 - Public Safety Administration AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 3/23/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 17, 2004 Terminate Seaway Industrial Park Purchase Agreement SUMMARY OF REQUEST: To terminate the Real Estate Purchase Agreement and Development Agreement with Seaway Industrial Park, L.C., (Grooters). FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the termination of the agreements. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS. 0: (GROOTERS AGMTS · TERMINATIONS} - . .., /' 171 J.OO,;..-tOa, LC )J- -- .. FINAL Q9{24/!)2 REAL ESTATE PURCHASE AGREEMENT. THIS AGREEMENT is made .. Oc..t,~ "3o .... , 2002,-by and between the CITY OF MUSKEGON,. a_ municipal. corporation; _with offices at· 933 Terrace, Muskegon, Michigan 49440 ("Seller"), and· SEAWAY INDUSTRJAf,.. PARK, L.C•. , a Michigan. limited liability company, with offices atA633 Patterson, S.E., Suite B, Grand Rapids; Michigan 49512 ("Buyer")'.. · · · I. Ge~~ral Agre~ment . and- Desci:iptfon of Premises. . .Upon the terms and conditions of this Agreement, Seller-agrees-to seH, and.Buyeragiees to·buy,-marketable record title of re·al estate, and a!Umproyements.thereon, with all beneficial easements, andvvith all of Seller's right,'.title arid interest in all adjoining public "fays, the real property_ l9cated in the City · of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: See attached Exhibit A Subject to the reservations, restrictions _and easements of record, provided said reservations, · restrictions and easeme.nts of record are acceptable. to Buyer upon disclosure and review of the same; 2. Purchase Price and Manner of Payment, The purchase price for .the Premises shall be as follo·ws: · a. At and upon closing, Buyer shall pay Seller Four· Hundred Twenty Thousand Dollars ($420,00Q:OO). for the Premises. 3. Taxes a~d Assessments. Seller shall· be resp~~sible for taxes and assess111ents .. (general and special) that are due and-payable at the time ofCkising: Buyer shall be responsible for taxes, if any, which become due and payable after closing. ·• . . . 4. Title Insurance. Selle; agrees to deliver t; B~yer'~ attorney: within.ten (I 0) days after the Effective Date, a.commitment for title insurance, issued by Transnation Title Insurance Company,.for.an amount not less than the p~chase price stated in this Agreement, guaranteeing title to the Premises on the conditions required _herefo. _In the evennhe reservatfons, restrictions, easements or other matte.rs of record disclosed by said title· ·coqµnitrnent are,. in ·the sole discretion of Buyer, deemed unacceptable, Seller.shall havefifteen (15) days from the date Seller. · is notified in writing of such title objections te remedy sueil objecticms to Buyer's satisfaction. If : Seller resolves such title_· objections and :remedief the title . (by obtai:nirig ~satisfactory title insurance or otherwise effecting · curative·. measures 11cceptable to Buyer) within the time specified, Buyer agrees to complete this sale as herein provided, assuming all other coIJtingel}cies are satisfied in Buyer's judgment or are waiyed by Buyer.. If Seller fails to resolye __ ._,._ . -·,.-.... -·. . -.:::~•:·-·-.::-.--.,,.... . ·--•·..:: ... :. ·.c:.":--s.· . ·.,· .·: .. . ···'·-··.". - - , :SUChc t~tle0 01'lj!?gt_i0ns wi!_hin ·theJjme '!ibOye spe~ifie4°to ,:S,jiyei,1s, :-s_llti~Jaeti€l!f}ir,"-faiJs !f 9 btaj1r;-::c:' •- 0 ·•· ~aft~fa\tt<?ry ·titlec iriiuraµce;tq ~J;!yy_er's s~fisf4tio11,: rNirAtfa~m_e11t;w±lFfi~:t~pn111iiteo,)fr.!3t1x,ef'.s . • .. _·. . ... option. Thepremium for.the owner's title policy shall be paid. bySel!er., __ • - - _.____ . '·. ·--:..--.=-~---~--::··,~r-:.::::.:",c:_ :- - :. -- -_·- Si.' ' .. Coveniin f to: Co ristrtict'Ihlpfiivemen ts31Jid,UieD~B-i!y:.eracl¢i()iyfodg~,t11;it; !IS,; part of the consideration inuring to Seller, Buyer_cov.eiiants and agrees to,eonstruct on the Premises_ otie ..(l) huilding with a total.of 140,000 square feet; up.to ajlapp]icable cod1es. The square footage requirement will be reduced to the extent Seiler's parking requirements prohibit - meeting .the squar6 footage rbquirernerit. -- The otiilding shal1"'6e COh~tfucted within: iwelvii (12) months of the closing of this transaction and the issuance by the City of the necessary jfermits for the construction of the buijdirig. Buyer inay only remove those trees ,neqessaryfor construction of the bctilding'. and entr1mceways. - The buildin:g' shaW be' su6stantfa.ily coiiip!eted· a5"provided within the. time frames provided above and, in the event said substantial completion has not occurred, or the restriction of this paragraph relating to tree removal isviolated, in the reasonable judgment of the Seller, the Seller's sole recourse shall be to proceed against the Guaranty Document as described in the Development Agreement City of MuskegonRenaissance Zone of even date herewith between: Seller and Buyer (the "Development Agreement"). The covenants in this paragraph shall survive- the closing and run with the land.· . 6. Survey. Buyer at _its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that-purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon.Buyer's own judgment as to· the location, boundaries arid area of the Premises arid improvements thereon-without regard to any representations that may have been made by Seller or any other person, In the event that a _survey by a registered land surveyor. made. prior. to closing discloses -an._.encroachment or substantial variation from the presumeci land boundaries or area, Seller shall have the option of effecting a remedy wiihin thirty (30) days after ciisclos~e; or tendering Bilyei's deposit in full termination ofthis Purchase Agreeri:teni, and p_aying the cost of such_survey. Buyer may e_lect to purchase the Premises subject to said encroachment or variation. 7. Environmental Inspection._ Ai its own.cost and expefu;e, Buyer and its agents shall have the right, but not the obligation, to enter the Property to -perform environmental investigations, studies, and tests which are permitted hereunder, to determine the ,environmental- condition of the Property ("Environmental Inspection"); provided, however; that for purposes of conducting any environmental investigation, Buyer arid its agents shall notify Seller, which shall -have the option or'accompanying Buyer or its age:gts during si:ich EnviromneritaUnspection. }~e . Environmental Inspection shail be completed within twenty (20) days of execution of this Agreement, and Buyer shall have the right to obtain any ·BEA determination it deems appropriate. If Buyer is dissatisfied, in its sole discretion, with the Environmental Inspection, it may . terminate - -_ this Agreement -.- with no further-obligations. . . -. ··. - _. __ 8. Condition of Premises and Examination by Buyer. NO IMP.LIED 'WARRANTIE~, 0F -. I{ABFrABILT:ry,:0 Q~ALI'I'Y, f:Ql~PJJ:ION; :cflTNESS ..- FOR -A; --- P ARJ'ICULAA PORPO-SE; OR A.NY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED .. . WARRANTIES. . BUYER UNDERSTANDS AND AGREES THAT If 2 ·a:·:-...,, ..- B~R ACQUlREs:'fm: P~MI;Es--,.rHE'P.REMtsEs;m TAKEit~··xs·rs;•t sUBJEctc_- - TO THE EXl'RES_S J:OVENANTS, CONI)ITIONS f\.p/D/OR,.EXPRES& .W~UE.S _ - ' , CD_NTAINE:D lli/ THis:PtIR°CHASE AGREEME.NJc:,.BlJYER:;\VII;J~:4,ciwoiLEDOJ:t,A:T . ·•.•- ··.--- - :ANb UPON CL,OSJNG .cTHAT- IT HAS PERSONALLY,INSPECTED.-fHE PREMISES AND ._, -•.. , _, ,,.~sATis-FIED~wrtH ·riirrcoi<ibirroN "oF::.xHEiANo;i'.NN-fr-rHf>Btirinrnes AND:,c:. : ·•· '-- IMPROVEMENTS . ·- THEREON - ' ' AND -· . THAT THE . PROPERTY - ~ . rs'--BEIN.tJ - ----•-- •-··-· ---- -· PURCHASED -· -~-- AS - ,_ A RESULT OF SUCH - . -INSPECTION AND - INVESTIGATION . ,. . -- - . - - AND NOT DUE __ ,' --·- TO ' . ANY . . . REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER, SELLERKNOWS OF NO HAZARDous·suBsTANcEs oR coNTAMINATioN ExciiPTFoR sucH MAITERs As HAvE· BEEN·brnr1osEo mtHE·EmriONMENTAL R:B:roRrs oN rHE ·toRMER - SMITH PACKING PROPERTY AND. -THE FORMER NORDSTROM/NEILSEN PE,OPERTIES WHICH_HAVE BEEN FURNISHED ORMADEJ<NOWN TO_ BUYER, AND BUYER - . WAIVES -ANY CLAIM AGAINS'.f -', SELLER' IN THE EVENT - SUCH.- STUB ITS STANCES ARE OTHERWISE KNOWLEDGE. - ' FOUND AND UNLESS SELLEicMISREPRESENTED . '.,, ' ' ' '- ' - - _· .·, -- _, -·-- ,- 9. Real Estate Commission. Buyer. and Seller both acknowledge a,nd agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that -no agent, broker, salesperson· oi otlierparty is ei1titled to a real estate commission upon. the closing of this sale. Buyer and Seller both agree to indemnify a.-id hold the other hannless from -- any liability, including·reasonable attorney ·fees;· occasioned· by reason of any- person or 'entity _ asserting a claim for a real estate commission arising from actions.taken by.the.other party. - - 10. Closing. The dosing daJe of this sale shall be \1/ithin _tliirty(30) days of execution of this Agreement ("Closing"), subject to Buyer's--right to extend Closing for an additional thirty - (30) days upon Written notice to Seller. The Closing shaltbe conducted at Transnation Title Insurance Company, 570 Seminole Road, Ste. J 02, Muskegon, MI 49444. - If necessary, the parties shall execute an IRS closing report at the Closing.· 1I. Delivery of Deed. Seller shall execute and-deliver a quit claim deed to Buyer at Closing for the Premises and shall pay any transfer taxes due and owing. Such conveyance shall include all splits or division.rights with respect to-the.Premises. __ 12. - Affidavit.of Title. At the Closing, Seller shall deliver to Buyer.an executed - • Affidavit of Title, - ~~ ~:;; -~--]3;' ·,·__ 'Date {If Pols&sion::~ Possesslii:nof Prefuis'efis.to,6e·<l~){y~re;:fr~ Buyeihf:Stiller-/·< ' on the date of Closing, ~-- ' ·_-·. 14, ', Costs;, Sellersha:U-be re~ponsible. t0°£_aY au ipplieabie'tf~sfeitaxes; ifat1y; }h- .• - -'' _ -~-the amount requireii" By law; Jn a.qdhioiit:sen(:i::s'l_ia:!}bi( resporisilile'.to=·pay totihe-recording of - --,,_ any-instrument that rni;isi:bf recorded -to dear tiile~to: th~ P~erni;;es, to· the 0 extent required by tills' - .·.. Agreement. Buyer shall pay :for''the· cost of recordi11g the• deed to be ,delivered ar Closing. -·The parties shall equally split the Transnation. Title closingf1,e. Each party shall pay.its own attorney fees. 3 15. Contingencies. Buyer's obligations under this Agreement are subject to and contingent upon satisfaction by Buyer in its sole discretion (or written waiver by Buyer) of the following conditions: Approval of Renaissance Zone status of the Premises (and the property described in subparagraph 15.b. hereof) by the City of Muskegon and the State of Michigan Renaissance Zone Review Board no later than December 31, 2002; In the event one or more of these conditions are not satisfied or waived, this Agreement shall automatically terminate with neither party having any further obligation to the other. 16. General Provisions. a. Paragraph Headings. The paragraph headings are inserted m this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller with respect to the subject matter hereof are merged into this Agreement, which alone fully and completely expresses the agreement of the parties with respect to the subject matter hereof. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. Buyer shall have the right to assign this Agreement to one of its affiliates so long as Robert D. Grooters owns a controlling interest in such affiliate. Except as stated, there are no third party beneficiaries of this agreement. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. 4 ;.:- ------:: ·::..:-___ ::: - -,__ __ _ . -· - ..:~ .. . h. Modification of tb'e ;\gr:eeinent, This Agreement shall ll<l( be amended exceptby a :Vrlting-stgnJ:;q b:\'.:SelJer and 13µyec:i::, •· . ._ .~ . i. Authority. Each party represents and warrants to the other that the persons·executing-and delivering this Agreeineni on thei!'behalf·are 'duly authonzed to do so. .r- · Effective:Date: ''Tue Effective•Date of:tliis·Agteement Ts the date-· that the last party hereto signs iii.is Agreement. . .. .·.. . . . . "•-· - ,_. - ·- - ,_.._,;_._. .. . . 'The parties have exe~tifod,this Reill Estate.J>urchase Ag:reemertt the day and year first . ·. ·ab6ve ·writtei . . . .. . .. .. . .. . . . Stephen:T, -- l ,t:;_1~!-· Gail I)- ~~_,~L-.,~ <--' Kundinger, Clerk A. BUYER: -•_·-•- :sk;AwAv 1Novsr-RiA.1., J?ARl(-;L. c: ·.· ~__:- ..- :. - .-- ~-- ·:..:- #7247.76 ~---- ... ~,-.- .· - " . . ·..,_--,..,_, -..: .. 5 EXHIBIT A Description of property in the Seaway Industrial Park for development : Easterly 200 feet of the West 426.07 feet of South 546.5 feet of Southeast ¼ of the Northwest ¼, Section 31 Town 10 North, Range 16 West, except the South 49.5 feet thereof. Except that part which lies East of a line described as: Commencing at the West ¼ corner of Section 31, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan thence South 89° 49' 59" East 1231.46 feet along South line of the Northwest fractional¼ of said Section 31 for point of beginning, being North 89° 49' 59" West 120.43 feet from the Southeast corner of the West 426.07 feet of the South 546.5 feet of the Southeast ¼ of said Northwest fractional ¼ of Section 31. Thence North 00° 1O' 01" East 73.00 feet; thence Northerly 111.86 Feet on a 303.00 foot radius curve to the Right, Delta=21 ° 09' 11 ", Long Chord bearing North 10° 44' 36" East 111.23 feet; thence North 21 ° 19' 12" East 50.00 feet; thence Northerly 87.50 feet on a 23 7.00 foot radius curve to the left; Delta=2 l O 09' 11 ", Long Chord bearing North 10° 44' 36" East 87.00 feet; thence North 00° 10' 01" East 132.00 feet; thence North 89° 49' 59" West 34.00 feet; thence North 00° 10' OJ "East 100.00 feet for point of ending on the North line of said South 546.5 feet of the Southeast ¼ of the Northwest fractional ¼ of Section 31, said point being North 89° 49' 59" West 100.92 feet from the Northeast corner of said West 426.07 feet of the South 546.5 feet of the Southeast ¼ of the Northwest fractional ¼ of Section 31. And Also, That part of the Southeast ¼ of the Northwest fractional ¼ of Section 31, Town 10 North, Range 16 West, lying West of the C & 0 Railroad right of way, described as follows: Commence at the intersection of the East line of Glade Street and the North line of Lyman Street in the Plat of Alberts and Holthe Subdivision, as per plat of record in the office of the Register of Deeds for said County, thence East 172.3 feet, more or less to the Westerly right of way line of said railroad, said point being hereinafter referred to as Point "A", recommence at the place of beginning, thence South along the East line of Glade Street, said line also being the West line of said Southeast ¼ of the Northwest fractional ¼ of said Section 31, a distance of 499 feet more or less to the centerline of the alley running East and West through Block 6 of said Alberts and Holthe Subdivision, if said centerline was produced East, thence East along the centerline of said alley, if produced a distance of 506.6 feet, more or less to the Westerly right of way line of said railroad, thence Northwesterly along the Westerly right of way of said railroad to said Point "A", according to the Government Survey thereof, excepting therefrom a strip of land 20 feet in width lying Easterly of and adjacent to the East line of Glade Street over and across the North 74 feet of the above described premises, and further excepting therefrom the following described parcel of land: Commencing at a point on the Northwesterly right of way line of the C & 0 Railroad, which is due East from the Southeast corner of Lot 9, Block 2 of Alberts and Holthe Subdivision of part of the Southwest fractional ¼ of the Northwest fractional ¼, Section 31, Town 10 North, Range 16 West, thence southeasterly along said Railroad right of way, 150 feet, thence Southwesterly at right angles to said right of way line, 17 feet, thence Northwesterly at a distance of 17 feet from, measured at right angles, and parallel to said right of way, 160 feet, more or less to a point which is due West from point of beginning, thence due East to point of beginning. 6 And the Easterly 66 feet of the west 426.07 feet of the South 546.5 feet of the Southeast¼ of the Northwest¼ of Section 31, Town 10 North, Range 16 West, lying West of C & 0 Railroad right of way, except the South 16.5 feet thereof. And Also, All that part of the North ½ of the Southeast ¼ of the Northwest ¼, Section 31, Town IO North, Range 16 West, described as beginning at a point on the East line of Glade Street, at the Northeast corner of Lyman Street extended Easterly and Glade Street thence Northerly along said East line of Glade Street to a point on a line which is 50 feet Southwesterly of and measured at right angles and parallel to the centerline of Pere Marquette Railroad main track, thence Southeasterly and parallel to said main track to a point which is directly opposite and East of point of beginning, thence West to point of beginning. Except any part thereof owned by the State Highway Commissioner of the State of Michigan. 7 \, '\\ N \\ 5.7 AC. \ \\ SCALE 1. ~ 200' r---r- -\\ \ \ \ -'\\ ~i\, \\ \ CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN C"t:"' A \AIAV U,U'"\1 lf"'oT'Mt A I I""\ I. r•1d~ \ ·---··--l. _______~ .. =l .. _____l_______ _:__ __ \\ ..............~~f ,Mf'\r\ I! ' '' HACKLEY AVENUE------- 2020325' l0-10-02 5,ep-30-02 OS:3SA City Manager's Office 231-722-1214 P.02 ,;i._o O 2 -/OJ' (c 'V FINAL O<J/24/02 DEVELOPMENT AGREEMENT CITY OF MUSKEGON RENAISSANCE ZOl'iE THIS rs AN AGREEMENT between the CITY OF MUSKEGON, a municipal corporation. of 933 Terrace Street, Muskegon, Michigan 49441 ("City") and SEAWAY !1'DUSTRIAL PARK. L.C., a Michigan limited liabili1y company, of 4633 Patterson. S.E .. Suite B. Grand Rapids, Michigan 49512 ("Company"). Recitals: A The City has recc:ived an application from the Company and intends to c-,nsidcr the location in a Renaissance Zone by the Company, and as a condition thereof tlfr, Agreemerc'. must be approved and executed by the Company prior to the establishment and loL,>T.ion or the business in tht: Renaissance Zone. Upon linal approval of Renaissance Zone status for th~ property. the City will sign this Agreement and the Real Estate Purchase Agreement. The C11v deems this Agreement to constitute a necessary element in the City's determination regarding the snk of the Property to the Company, and the City relies upon the undertakings of Company in this Agreement to allow the Renaissance Zone stalus of the property. B. The Company intends to install the project set forth in its Ap1 •licatio11 fo, Renc.issancc Zone location and approval. The Company understands that the City re 1ics upon t1, · undc;takings of the Company in this Agreemenl to establish the Company's status a, a purchase: of property in the Renaissance Zone. NOW, THEREFORE, THE PARTIES INCORPORATING THE /\BOVE RECITALS 1\GREE: 1. DOCUMENTS ATTACHED. Included in this Agreement are the foilow::,g documents which have been wllected and relied upon by the parties: 1.1 The Application prepared and filed by Company. 1.2 Copy of the Renaissance Zone Act, as amended to date. 1.3 City of '.\1uskegon Development Agreement Policy for Expandin•, Existing or Establishing New Renaissance Sub-Zones. 1.4 Exhibit containing Sile/Building requirements for this pro12ct a,,plyinl( Article VII of the Development Agreement Policy. l .5 Real Estate Purchase Agreement. Sep-30-02 ' . OB:39A City Manager's Office 231-722-1214 2. COMPANY AGREEMENT. The Company agrees, subject to che wrms of thi, Agreement and the Real Estate Purchase Agreement, to the following commitment~. which it shall perform in a timely and reasonably acceptable manner: 2.1 Execution of the Real Estate Purchase Agreement attached as Exhibit A simultaneously with the execution of this Agreement. and delivery of both to the City. 2.2 Construction of the building as required in the Real Estate Purchase Agreement subject to review and modification hy the City Planning Commi:,sion and/or City Commission. The design and landsrnping of the site shall be subject LtJ ,.he approv,; of the Cicy. the City to reasonably apply its zoning, site plan. and otht'r land usL requirements. 2.3 The restriction that seventy-five percent (75%) of the square footage of the buildings, whether owned by Company or a successor owner(s) shall h~ used for "manufacturing purposes." Office space and warehousing of stored raw o: finished goods strictly ancillary to manufacturing on this site is included in the "manuh,~turi::,; purposes" square footage requirement. 2.4 The investment in the amount of Three Million n1ree Hundred Thous~-.-.d Dollars (S3.300.000) (the "Investment Objective"). 2.5 The creation of60 jobs (the "Employment Objective··) within the first t,-,. years of operation. This number will include the transfer of jobs frnm othc, municipalities and transferred from another location in the Ci1y. but lin<:ed to one transferred job within the City per one new job. The City may grant a one-yea,·, ~tension. in its sole discretion. after taking into account all uf the circumslances rclcrnnt t0 such extension. 2.6 The closing of the purchase of the real property described in ,!1e Re:d Estate Purchase Agreement (the "Property''). 2.7 Cooperation with City representatives to supply all requested and required documentation necessary in the City's reasonable judgment to determine compliance with the undertakings set forth in this Agreement and its attachments. 2.8 During the two (2) years after closing of the Property, the prnduction at,d utilization of improvements as set forth in the attachments shall he swtained and maintained. 2.9 The Company shall take all required precautions to avoid lhc release r,!° any hazardous substance in violation of any environmental law on its prcmiss·s. and shall report any releases to the appropriate authority in a timely and complete 1rca1111cr as required by law. providing copies of said documentation to the City. Subjcc1 to its rights to contest any proposed orders and actions, the Company shall comply with all orc.Jers and actions of any goYernmental agency having authority. 2 Sep-30-02 08;39A City Manager's OFfice 231-722-1214 P.04 2.10 During the entire period for which the Renaissance Zone is in effect, the Company shall maintain the improvements so as to minimize physical or functional obsolescence. 2.11 The Company shall improve the properties and imprO\ements. as contemplated in Article VII of the Development Agreement Policy, in accordance with the provisions of the Exhibit attached covering Site/Building requireme11ts. These requirements shall be in addition to any zoning or site plan requirements of the Planning Commission or Cit)' Commission. 2.12 As deemed appropriate by the Company, the Company shall lile a \.Jaster Deed with respect to some portion or all of the Properties and create a condominium project. In addition Lo the best efforts of the Company concerning tenants <.r buyers or Condominium Units (set forth in Section 2.14 below), the Master Deed and other Condominium documents, including, without limitation, Association Rylaws. shall require that every unit owner and its oct:upant(s) in the Condominium Units agree(s) to and is(are) bound by, this Development Agreement as it may apply. its attachments, and all Renaissance 7.one requi rem en ts. 2. !J Company shall attempt to acqum: property commonly ref~rred tn a, "Ernies Car Lot," being tax parcel n o . - - - - - ~ 2.1-1 Company agrees that it shall and will use its best efforts , • ..cause: all tenants or buyers of condominiumized property to comply with Renaissanc~ Zone requirements. including that tenants/buyers may not re-locale to this site from sites within the City except pursuant to Section 2.5 hereof. 2.15 Company shall obtain and deliver the Guaranty Document required :n Section 5.6 of this Agreement. 2.16 Performance of tl1e Company's obligations under this Agreement and the Real Esta le Purchase Agreement is subject to events of force majeure. J. AGREE!\1E:'/T BY THE CITY. The City agrees to the following c,•11m1itmenl~ which iL shall perform in a timely and reasonably acceptable. manner: 3.1 Provided this Agreement has been executed by the Company and further provided all applications concerning Renaissance. Zone status have been prop•.:rly filed by the Company. the City shall. in an expeditious and timely manner. proceed with the appropriate meetings or applications including as necessary the Stak of Michigan Renaissance Zone Review Board. and with all local review entities required by law. including the establishment of a Renaissance Zone designation for the property in question. The City may consider this Agreement in a meeting separate from and prior to 3 ~ep-3,0-02 OS:40A City Manager's Office 231-722-1214 ;- 05 the meeting or meetings in which the City or any entity considers the creation of the district or approval of the applicant for Renaissance Zone status. 3 .2 Execution. simultaneously with the execution of this Agreement, of the Real Estate Purchase Agreement (upon final approval of the Renaissance Zum, Application). 4. EVE)'.;TS OF DEFAULT. The following actions or failures to complv. subject tci events of fnrce majeure, shall be considered events of default by the Company if not curec within thirty (30) days after receipt of v.Titten notice from the City of such act er failu,.~ to comply. 4.1 Failure to meet any of the commitments set forth above. 4.2 The failure to construct the building. 4.3 Failure to deliver to the City the documentation and reporting r~asonably required. 4.4 The failure to satisfy the Investment Objective, or the !:rnploymem Objective, meet the affinnative action goals as set forth in attached Exhibit B hereto ;, expend the funds on improvements as represented in the attachments with111 1he time, required herehy. 4.5 During the first two (2) years after closing of the Property, the closing, or substantial closing. of manufacturing operations in this Renaissance Zon·:. Without limitation. dosing includes removing operations to a location or locations c'!ltside the Renaissance Zone, abandonment of the buildings, or other actions which· rcs;;\t iri a suhstantial loss ofjohs and production in the Zo11<:. 4.6 The bankruptcy or insolvency of the Company. 4. 7 Subject to the Company's right to contest any taxes or special assessments. the failure to pay any taxes other than those exempted by the Renaissance Z<1ne AcL n01i the failure to timely pay ,my special assessments levied on the Company's p, opc1ty aftc:: kvy or final appeal. 4.8 The violation of any material prov1s1ons, promises, ccmm,:ments, considerations or covenants of this Agreement. 5. REMEDIES ON DEFAULT. In the event that any of the aho\'c uncurc,.; defaults occur within the first two (2) years after closing of the Property, but no sooner 1ha11 six (o) months after the date set by this Agreement for completion of construction of the building by the Company, subject to events of force majcurc, the City shall have the following remedies which it may invoke without notice. except as may he reasonably required by the Company's rights to due 4 Sep-30-02 OB:40A c;ty Manager's Off;ce 231--722-1214 p. :,s process. The amounts due hy reason of the exercise of the remedies by the City shall be claimed solely against the Guaranty Document required by this Agreement. 5.1 In the event of default as specified in section 4.2 abo\'e and after investigation of the facts and a public hearing. if appropriate, the City may file a clair, against the Surely on the Guaranty Document for amounts set forth below. 1.p to bul m,t exceeding the amount of the Guaranty Document, 10 he paid by the Surety ;':,rlhv.·ith tn the City. with the following consequences: 5.1.1 The Company shall cause Lhe Surety to pay to the City. for nrn r,na distribution to any taxing unit which has not been reimbursed by the S+atc or the State of Michigan. an amount equal to all real and personal property tax..:; whirh have been excused. 5.1.2 The Company shall cause the Surety to pay to the State of Michigan all amounts of the corporate income tax which have been aba\ed under the Renaissance Zone Act, if any. 5.1.3 The Company shall cause the Surety to pay to tl·c City ar<· corporate City income tax which has been abated pursuant to the :-' enaissancc Zone Act. 5.2 Failure to Construct. In the event the improvements haYe not bee'·: substantially completed or installed by the time set forth in this Agreement. ti:-: Company shall cause the Surety to reimburse the City, taxing units or State for all abateci '.axes on said property with respect to the portion of the improvements not substantially completed or installed. 5.3 Failure to Expend the Funds Represented. Whether or not the improvements have been completed, if the Company has not satisfied the Investment Objective, the Company shall show cause to the City why such failure has occurred. 5.4 Job Creation and Retention. In the event Employment Ob_jcc,iYc has no, been satisfied. a pro rata amount of the Guaranty shall be paid by the Con:",:my o: the Surety to the City (based upon $5,000.00 per job to be created.), not to exceed the amount of the surety. 5.5 Other Violations. For any material violations of this Agreemcni, the City reserves the right to seek recovery under the Guaranty Document. 5.6 City Considerations for Determination in Maners of Default. The City shall not unreasonably take any action which may result in invocation of lhc remedies ahove. It shall take the following factors into consideration as mitigating factors: 5 231-722-1214 P.07 . . sep-30-02 . OS,41A City Manager's Office 5.6. I The econom1c conditions, if any, reasonably known to the City, which are found to be directly related to the default or circumstance causing the proposed action by the City. 5.6.2 The performance of the Company in meeting the commitments at"' requirements of the Application, the submitted material~. and the provisions of the Certificate and this Agreement. 5.6.3 Whether the effect on the City's finances of the Company's actior., is material and substantial. 5.6.4 Whether the circumstance affecting the status of the Company wns created by occurrences beyond the control of the Company or could reasonably have been avoided, and, in particular, whether the Company could economically and feasibly continue to perform as required by this Agreement. 5. 7 Performance Guarantee. The Company shall deposit with the Cit) .. Performance Guarantee. w11h a term expiring two years from the date a huild1,1g permit i, issued for the Property. in the fonn of a Surety Bond issued by a surety lic•:'Jsed i;, the State of Michigan (the "Surety") and acceptable to the City. (the "Guaranty Do<..ccrnent" ). in the amount of Two Hundred Sixty-Four Thousand Dollars ($264.000). The Guarant'' Document shall unconditionally obligate the Surety to pay an amount to thl' City :il the event of default. to be equal to the taxes abated to the date of default, togcthc-- with all taxes which may be abated for any subsequent period tl1c default continues, p;us a,,y reasonable costs to the City caused by the failure of the Company to comply, including. without limitation, any reasonable costs of cure incurred by the City to bring the improvements on the property into compliance with this Agreement or planning nr zoning requirements. :--Jotwithstanding any provision of this Agreement and its attachments or any oth;:r document or statute referenced herein, in no event shall the liability of the Company fo:· any and all default hereunder exceed the amount of the Guaranty Document. 6. GoYerning Law. This Agreement shall be construed and enforced in accordance with the Laws of the State of Michigan applicable to contracts made and to be perfo·med within the State of l\-fichigan. and in particular the Renaissance Zone Act of the State. as amcr,·led. 7. Counter:parts. This Agreement may be executed in one or more counterparts. 1','otwithstanding such execution all such counterparts shall constitute one and the same Agreement. 8. Benefit. This Agreement shall he binding upon and inure to the benefit of the respective parties. their successors and personal representatives. The Company shall have the right to assign this Agreement to any of its affiliates so long as Robert D. Grnoters owns a 6 P.08 .Sep-30-02 . . OS:41A City Manager's Office 231··722-1214 controlling interest in such affiliate. Except as so provided, there is no third party beneficiary intended upon the execution of this Agreement. 9. Effective Date. This Agreement shall be cflective on the date the State o: J\lichigan Administrative Board approves the amendment to the City of Muskegon.'\1uskcgon Heights Renaissance Zone. In the event that (i) Renaissance Zone slams is not granted by the State of Michigan Administrative Board by December 31, 2002, then this Agreement shall automatically terminate and be null and void, with neither pany having any further obligations to the other. I 0. lnvaliditv. In the event any provision of this agreement is declared invalid by a c<Jun or tribunal having competent jurisdiction, the remainder of the agreement shall remain 111 ful I force and effect CITY OF MUSKEGON, a municipal corporation Dated: IO/ oo .2002 I ·- Seaway Industrial Park, L.C. a Michigan Limited Liability Company. Dated: 10/3-u ~ 2002 7 Sep-30-02 OB:42A c ; t y Manager's Off;ce 231-722-1214 P.09 ' ' . EXHIBIT A REQUIREMENTS TO COMPLY WITH ARTICLE VH OF THE DEVELOPMENT AGREEMENT POLICY I. Twenty foot wide landscape buffer along the entire Hackley A venue, Park Street, and Young Street frontage. To meet Planning Commission approval. 2. Any new signs must meet the requirements of the Zoning Ordinance. 8 AGENDA ITEM NO. _ _ __ CITY COMMISSION MEETING _ _ _ __ TO: HONORABLE MAYOR AND CITY COMMISSION FROM: Ken Chudy, Acting Fire Chief /i:2__ DATE: March 22, 2004 SUBJ: Request for Permission to Apply for 2004 USFA Grant SUMMARY OF REQUEST: The Fire Department is requesting City Commission permission to apply for 2004 United States Fire administration "Assistance to Firefighters Grant Program" to provide firefighter equipment to enhance operational safety. FINANCIAL IMP ACT: $10,000 match through depmiment capital funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION Staff recommends approval of grant application to USFA for fire equipment acquisition. COMMITTEE RECOMMENDATION: March 22, 2004 Honorable Mayor and City Commission Through the City Manager Re: 2004 United States Fire Administration Grant Request Dear Mayor and Commissioners: I am requesting permission to submit for the 2004 United States Fire Administration "Assistance to Firefighters Grant Program". These grants through FEMA provide funds to the local jurisdictions for programs to both protect citizens and our firefighters. For 2004, our program is an enhancement to our emergency operations equipment. This grant will provide updates to firefighter protective clothing, gas detection monitors, accountability system and hazardous material monitoring devices. The anticipated result will be a reduction in the number of potential injuries and increase the ability to better serve City of Muskegon residents. The proposed grant will require a I 0% local match and can be accomplished through departmental capital funds. Although not finalized, the grant request will be approximately $100,000. Sincerely, r-C.-.,Uu,,,r Ken Chudy Acting Fire Chief DATE: March 16, 2004 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Director of Inspections Re: Concurrence with the Housing Board of Appeals Notice & Order to Demolish. Dangerous building case #EN-030163 Address: 483 W. Muskegon Ave. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 483 W. Muskegon Ave.-Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case # & Project Address: #EN-030163 Address: 483 W. Muskegon Ave. Location and ownership: This structure is located on W. Muskegon between 5th and 6th Streets and is owned by Anthony and Terrson Bethea of Muskegon. Staff Correspondence: This case began with a police report of unsafe conditions and a break in of this vacant house. A dangerous building inspection was conducted on 10/9/03 and an interior inspection was conducted 10/22/03. The notice and order to repair or remove was issued 11/13/03. On 1/8/04 the HBA declared the structure, with the Director of Inspections stating he would delay taking the case to City Commission for 60 days. Owner Contact: The owner contacted the Inspection after he purchased the house at the State auction 9/17 /03. He was also present for the interior inspection and HBA meeting on 1/8/04. At that time he stated he was aware of the required repairs, but had a financial set back. He was working with NIC and getting estimates for repairs. On 12/8/03 he called the Inspection office and stated he was not getting help from NIC and asked for a 60-day extension to try to sell the house. Financial Impact: The demolition will be paid with CDBG funds. Budget Action Required: None SEV: $10,600 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Estimated Cost of Repairs: $12,000 City Commission Recommendation: The Commission will consider this item at it's meeting on Tuesday, March 23, 2004. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 483 W. Muskegon 10/14/03 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Roof covering on home is deteriorated. Replace shingles. 3. Chimney on home is collapsing. Replace to code. 4. Structural damage to rafter system. Provide rafter inspection - severe drops in roofline of home. 5. Replace all damaged siding. 6. Broken out window frames and glass. Repair/replace all window panes, frames - paint - glazing. 7. Smoke detectors installed throughout to code. 8. Main exit required to be one 3 foot wide 6 foot 8 inch door. 9. Repair all soffit fascia damage. 10. All construction work requires permits. Permits must be pulled before work begins. Please contact Inspection Services with any questions: 231-724-6715. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. Henry Faltinowski, Building Inspector DATE C:\WINDOWS\TEMP\483 W. Muskegon-Ext.doc CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 483 W. Muskegon (INTERIOR INSPECTION) 10/22/03 Inspection noted: I. Wiring in basement to have physical protection. 2. Bathroom outlet to be GFI protected. 3. Front bedroom closet light to have clearance from shelf to code. 4. Service to be grounded to meet 2000 MRC. 5. Smoke alarms to meet 2000 MRC. 6. Water distribution missing or broken - needs replacement. 7. Waste & vent is broken or missing - needs replacement. 8. HVAC in state of disrepair - needs servicing & cleaning. 9. Chimney has no liner. 10. Remove rear entry enclosed porch- structurally unstable. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. HENRY FALTINOWSKI, BUILDING INSPECTOR DATE C:\WINDOWS\TEMP\483 W. Muskegon interior.doc 1S&A Software Web Application Page 1 of 1 Click here for instructions. Printer Friendly Version 10/00- STR EET VIEW 1ttp://207.175.26.27/prdweb/BSAPRD.dll?MfcISAPICommand=Dispatcher&command= l2&unit=Mu... 3/16/2004 MEMORANDUM TO: Mayor and City Commission FROM: Lee J. Slaughter, Assistant City Manager DATE: March 16, 2004 RE: City Commission 2004/2005 Vision,Value, Mission Statements SUMMARY On February 27, 2004, the City Commission and staff participated in their annual goal setting session. The attached Vision, Value and Mission statements, along with a set of prioritized issues/projects are the result of that undertaking. Staff is requesting approval of both documents. FINANCIAL IMPACT: None BUDGET ACTION: None STAFF RECOMMENDATION: Staff recommend approval. VISION MUSKEGON, THE PREMIER SHORELINE CITY OF WEST MICHIGAN. VALUES PROVIDE ALL SERVICES IN A PROFESSIONAL, ETHICAL, COURTEOUS, AND COST-EFFECTIVE MANNER. MISSION TO IMPROVE THE QUALITY OF LIFE FOR THE CITIZENS OF MUSKEGON THROUGH STEWARDSHIP OF RESOURCES, EXCELLENT SERVICE AND LEADERSHIP FOR THE GREATER COMMUNITY. • Take Leadership Responsibility for Improving Race Relations and Diversity. • Foster Opportunities for City Youth. • Promote Economic Stability, diverse Economic Growth, and Redevelopment. • Sustain the Natural, Cultural, and Recreational Resources of the Community. • Foster Strong Ties Among Governments & Community Agencies. • Develop and Maintain City Infrastructure and Facilities. • Maintain and Enhance the Residential Neighborhoods of the City. Issues/Projects Ratings The following list represents those issues/projects that were rated of greatest importance to the City Commission. There is also a second notation regarding the project's rating with City management staff. The process of prioritization was based upon the following factors:· • The project is consistent with the Mission of the City • The City has the resources available (human, financial, facilities, other) to achieve the goal • There are key "partners" available to assist with achievement of the goal. Projects Receiving "5 Stars" • Continue efforts to fight blight in city neighborhoods (received 12 stars from city staff) Projects Receiving "4 Stars" • Development of the downtown area including all of the projects noted below: • Redevelopment of the mall property • Development of Edison Landing • Improvements to Western Avenue • Fisherman's Landing • Shaw-Walker Properly re-development • Boilerworks Building re-development • Grocery store in the downtown area • Parking ramp (received 9 stars from city staff) • Continuation of efforts to create a customer-friendly City Hall recognizing the challenges presented by the nature of some services offered/performed by City staff (delivery of city services must often balance "rights of the individual" vs. "common good") • Continued emphasis on customer service training for staff • Importance of "first impression" to customers • Recognition that Commissioners must give adequate support to city staff in customer interactions when appropriate • Importance of customer recognition and timeliness of response (received 5 stars from city staff) Projects Receiving 3 Stars: • The potential discharge of process water into Lake Michigan from Nugent Sand property and its impact on the shoreline, water quality, and other related issues (received 7 stars from city staff) • Development and implementation of a "Cool Cities" strategy to retain (and attract) young, creative people in/to the community (received 6 stars from city staff) • Acquisition of land along the Muskegon Lake shore-line for public use. (received O stars from city staff) Projects Receiving 2 Stars: • The exploration and possible initiation of ALS (advanced life support) ambulance service by the City (received 1O stars from city staff) • Continue emphasis on the importance and value of a diverse community and the benefits of diversity to the overall community • Communicate the importance of diversity to the local business community • Strive to appreciate and better understand both the strengths and differences among the various ethnic/racial groups in the city • Make diversity operational inside and outside city government • Ensure that an appreciation of diversity is present in how City Hall interacts with the community • Actively deal with attitudes toward diversity among City Hall staff (received 7 stars from city staff) • Continue investment in infra-structure: water mains, sewer lines, and streets (received 7 stars from city staff) • Actively engage in efforts to enhance regional cooperation among local units of government and/or functional consolidation of services (GIS, Muskegon Area Plan) (received 7 stars from city staff) • The initiation of cross-lake ferry service to Milwaukee, WI and the impact on the Lakeside area of the city (development and traffic patterns that may be affected by the ferry service, its customers, and related development) (received 6 stars from city staff) • Continue efforts to develop a most equitable process for assessing properties for street improvements (received 6 stars from city staff) • Continue efforts to develop new single-family housing in the city (balanced with development of new rental properties) (received 4 stars from city staff) • Replacement of the central fire station (ensure that space is available for use by community groups) (received 4 stars from city staff) • Market available properties in Seaway Industrial Park ( received 1 star from city staff) • Development of a casino in the downtown area. (received O stars from city staff) • Oversight of the completion of Shoreline Drive construction and the "re- design/re-alignment" of Muskegon and Webster Avenues (received O stars from city staff) Projects Receiving 1 Star: • Ongoing evaluation of how city services are organized and delivered with emphasis on efficiency and reduced expense without diminishment of service quality (recognition of budget situation facing the city) • } (received 1 star from city staff) • The city should set-aside funds to support the city's intervention in environmental issues affecting the city (received O stars from city staff) Following is a list of other projects that received "stars" from City Staff but not from Commissioners: Received 7 stars from City Staff: • Continuation of efforts to strengthen relations with city staff: • Timely settlement of contracts with organized staff and appropriate administration of contracts • Recognition and appreciation of the efforts put forth by city staff • Continue to build trust with staff through open and frequent communication (especially important during tight budget times) Received 6 stars from City Staff • Continue efforts to respond to and be aware of the needs of the young people of the community and to respond appropriately to those needs given the resources available: • Provision of recreational opportunities (including role for Arena Annex) • Offer employment opportunities for young people • Opportunities to involve young people in civic/governmental activities (create future civic leaders) • Emphasis on importance of education • Continue to balance direct and indirect involvement in youth issues Received 2 stars from City Staff • Actively manage/promote the image of the City to key constituents Received 1 star from City Staff • Invest in improvements to Hartshorn Marina Following is a list of other projects that received no stars from either City Commission or city staff (these projects are recognized as important in the long-term but are beyond the current resources of the City) • Continued development of the Lakeshore Pathway bicycle path • Development of the Getty Street corridor • Development of community center( s) to serve the youth and elderly of the city • Storm water utility system ofoo t/- JJ (c,) CITY OF MUSKEGON State of Michigan Resolution WHEREAS, Mr. Enous Lee's, death will leave our community with a deep feeling of sorrow for the loss of such a respected citizen; and WHEREAS, Mr. Lee was for the past 80 years a Muskegon resident were he was the owner of the J & L Pool Hall and was affectionately known as "Pappy"; and WHEREAS, he earned the respect of many young African-American males for his loving advice on how to utilize their lives to become valuable citizens in their community; and WHEREAS, Pappy Lee earned a deep respect of all those with whom he came into contact with and the love and affection of all who were proud to call him friend. NOW THEREFORE, BE IT RESOLVED, that I Stephen J. Warmington, on behalf of the City of Muskegon Commission and the entire community do hereby express deep grief and extend our condolences to the bereaved family of Mr. Enous "Pappy" Lee IN WITNESS WHEREOF, we have hereunto set our hands and cause the seal of the City of Muskegon be affixed this 23'd day of March, 2004. Stephen J. Warmington, Mayor Bill Larson, Vice Mayor Stephen J. Gawron, Commissioner Kevin Davis, Commissioner Chris Carter, Commissioner Clara Shepherd, Commissioner Lawrence Spataro, Commissioner
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