View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 14, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION: Jim Sinclair, MML President
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Sale of Non-buildable lot at 1332 Sixth Street. PLANNING & ECONOMIC
DEVELOPMENT
c. Sale of Non-buildable lot at 1509 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
d. Plow Blades. DEPARTMENT OF PUBLIC WORKS
e. Excavator Purchase. DEPARTMENT OF PUBLIC WORKS
f. Cross Connection Control Inspections. DEPARTMENT OF PUBLIC WORKS
g. Reprogramming of HOME funds. COMMUNITY AND NEIGHBORHOOD
SERVICES
h. Selection of Additional Siding Contractor. COMMUNITY AND
NEIGHBORHOOD SERVICES
• PUBLIC HEARINGS:
a. Alpha Street. Commerce to Jefferson. Spreading of the Special
Assessment Roll. ENGINEERING
b. Clifford Street. Lakeshore to Miner. Spreading of the Special Assessment
Roll. ENGINEERING
c. Davis. Laketon to Southern. Spreading of the Special Assessment Roll.
ENGINEERING
d. Mann Street. Lakeshore to Harrison. Spreading of the Special
Assessment Roll. ENGINEERING
e. Moon Street. Lakeshore to Harrison. Spreading of the Special
Assessment Roll. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Verizon Telephone Services Contract. INFORMATION TECHNOLOGY
b. Special Assessment Consent Agreement - Edison Landing. PLANNING
& ECONOMIC DEVELOPMENT
c. Concurrence with the Housing Board of Appeals Notice and Order to
demolish the following: INSPECTIONS
1) 1650 Pine (garage)
2) 346 Mclaughlin (garage) Area 11
3) 354 Mclaughlin Area 11
4) 297 Mclaughlin Area 11
5) 866 E. Forest
6) 460 Houston (garage) Area 10
7) 1969 Wood (garage)
8) 1087 W. Grand
• 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.
Date: October 14, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, September 23, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 14, 2003
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 5:30pm, Tuesday, October 14,
2003.
Mayor Warmington opened the meeting with a prayer from Pastor Fred Halde of
First Presbyterian 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 Robert Schweifler,
Commissioners Lawrence Spataro, Christopher Carter, Stephen Gawron, William
Larson, and Clara Shepherd; City Manager Bryon Mazade, City Attorney John
Schrier and City Clerk Gail Kundinger.
INTRODUCTIONS/PRESENTATION: Jim Sinclair, MML President
Mr. Sinclair spoke to the Commission.
2003-80 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, September 23, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Sale of Non-buildable lot at 1332 Sixth Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-388-0006-10) at 1332 Sixth Street to Robert Ellis, owner of 1338
Sixth Street, Muskegon, Ml 49441. Approval of this sale will allow the adjacent
property owner to expand their current yard. This is a corner lot and is,
therefore, being offered to Mr. Ellis for $1 under the City's Area 10 $1 lot sale
policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
c. Sale of Non-buildable lot at 1509 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-611-000-0460-00) at 1509 Marquette Avenue to Michael McKinley,
owner of 1495 and 1517 Marquette Avenue, Muskegon, Ml 49442. Approval of
this sale will allow the adjacent property owner to build a home incorporating
his two other lots, one of which is unbuildable. Although the size of this vacant
lot is considered buildable, there are extenuating circumstances surrounding it.
Since it has several power poles bisecting the lot, it was determined by the Land
Reutilization Committee to be unbuildable. Since Mr. McKinley is the property
owner on both sides of the lot, it will be offered to him for $100.
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.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval at their July 22, 2003, meeting.
f. Cross Connection Control Inspections. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: To make a contract with Riverside Inspections, LLC., of
Muskegon (Scott Plummer) to perform water system cross connection control
inspections and follow-up plumbing inspections. These are needed to comply
with State of Michigan regulations governing our water system.
FINANCIAL IMPACT: The costs of this program, approximately $50,000 per year,
would be expensed to the Water Fund.
BUDGET ACTION REQUIRED: Budgeted item-no action needed.
STAFF RECOMMENDATION: Contract with Riverside Inspections to perform this
work.
g. Reprogramming of HOME funds. COMMUNITY AND NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: Community and Neighborhood Services request to
reprogram funding that was originally awarded to the Nelson Neighborhood in
1998, 1999, and 2000. The total amount of funding is $120,000. The funding will
be reprogrammed to assist Neighborhood Investment Corporation with $80,000
for Infill Construction, Bethany Housing with $18,000 for housing rehabilitation and
CNS $22,000 for Turnkey 3 demolition and administration.
FINANCIAL IMPACT: Funding will be disbursed from the City's HOME funds
reprogrammed to 2003-2004.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
h, Selection of Additional Siding Contractor. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Community and Neighborhood Services Department
request to add Gawlick Construction of 2084 Mary St., Fruitport Township, Ml as
one of the City's contractors for vinyl siding installers. Gawlick Construction will
be installing vinyl siding on CDBG approved applicants homes for the price of
$65.00 (sixty-five dollars) per building square. If the Commission approves to add
Gawlick construction, the total number of contractors working on the City's vinyl
siding program will be four during the 2003-2004 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2003-2004 CDBG siding
program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: Both the Commission and the CDC approved
the CDBG budget.
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to
approve the consent agenda with the exception of items d and e.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2003-81 ITEMS REMOVED FROM AGENDA:
d. Plow Blades. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 350 plow blades.
FINANCIAL IMPACT: Cost $11,259.50
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of 350 plow blades from Truck &
Trailer Specialties.
e. Excavator Purchase. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Hyundai Rl 60LC-3
Excavator.
FINANCIAL IMPACT: Total Cost $78,500.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of one Hyundai Rl 60LC-3
Excavator from Wolverine Tractor.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve
the purchase of 350 plow blades from Truck & Trailer Specialties and one
Hyundai Rl 60LC-3 excavator from Wolverine Tractor.
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Spataro, Warmington,
Schweifler
Nays: None
MOTION PASSES
2003-82 PUBLIC HEARINGS:
a. Alpha Street. Commerce to Jefferson. Spreading of the Special
Assessment Roll. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Alpha Street, Commerce to Jefferson, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $21,281.52 would be spread against the eight-(8)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:49 p.m. and spread the special assessment roll for Alpha
Street, Commerce to Jefferson and adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler,
Carter
Nays: None
MOTION PASSES
b. Clifford Street. Lakeshore to Miner. Spreading of the Special Assessment
Roll. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Clifford Street, Lakeshore Drive to Miner, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $24,607.46 would be spread against the twelve
( 12) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Larson, second by Commissioner Spataro to close the
Public Hearing at 5:51 p.m. and spread the special assess_ment roll for Clifford
Street, Lakeshore to Miner and adopt the resolution.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Schweifler, Carter,
Gawron
Nays: None
MOTION PASSES
c. Davis. Laketon to Southern. Spreading of the Special Assessment Roll.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Davis, Laketon to Southern, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $31,775.69 would be spread against the twenty-
nine (29) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:52 p.m. to hear and consider any comments
from the public. Letter was received from James & Katrina Vanderwall, 1771
Davis in opposition. No comments were heard.
Motion by Vice Mayor Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:53 p.m. and spread the special assessment roll for Davis,
Laketon to Southern and adopt the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron,
Larson
Nays: None
MOTION PASSES
d. Mann Street. Lakeshore to Harrison. Spreading of the Special
Assessment Roll. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Mann Street, Lakeshore Drive to Harrison, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $13, 178.64 would be spread against the six {6)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:54 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 5:58 p.m. and spread the special assessment roll for Mann
Street, Lakeshore to Harrison and adopt the resolution.
ROLL VOTE: Ayes: Spataro, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Warmington
MOTION PASSES
e. Moon Street. Lakeshore to Harrison. Spreading of the Special
Assessment Roll. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Moon Street, Lakeshore Drive to Harrison, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $10,978.02 would be spread against the five (5)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:56 p.m. and spread the special assessment roll for Moon
Street, Lakeshore to Harrison and adopt the resolution.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2003-83 NEW BUSINESS:
a. Request from Archimedes Group, LLC.
SUMMARY OF REQUEST: Archimedes Group, LLC is requesting approval of the
resolution for support and endorsement of the citizens' determination reference
Casino Gaming.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The City Commission recommended approval
at the October 13 th Commission Worksession.
Motion by Commissioner Larson, second by Commissioner Spataro to approve
the resolution.
ROLL VOTE: Ayes: Schweifler, Carter, Larson, Shepherd, Spataro, Warmington
Nays: Gawron
MOTION PASSES
b. Verizon Telephone Services Contract. INFORMATION TECHNOLOGY
SUMMARY OF REQUEST: The contract for Verizon telephone services, formerly
GTE, has expired and is up for renewal. The contract was for $6,086.29 per
month and expired in March of this year. Verizon offered to continue services
on a monthly basis at the same rate until a new contract price could be
established. The new one-year contract is for $6,288.44 per month, an increase
of $202.15 per month. The IT department has also determined that by canceling
unnecessary lines and services, a savings of $800 per month will be realized.
Because of changing technology and local developments in this industry, it is
not recommended that a multi-year contract be considered at this time.
FINANCIAL IMPACT:
Old Rate: $6,086.29
Increase: 202.15
Savings from canceling unnecessary services: 800.00
New Monthly Rate: $5.488.44
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the proposed contract with Verizon.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve
the contract with Verizon.
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Spataro, Warmington,
Schweifler
Nays: None
MOTION PASSES
c. Special Assessment Consent Agreement - Edison Landing. PLANNING
& ECONOMIC DEVELOPMENT
ITEM REMOVED
d. Concurrence with the Housing Board of Appeals Notice and Order to
demolish the following: INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures located at 1650
Pine (garage), 346 Mclaughlin (garage) Area 11, 354 Mclaughlin Area 11, 297
Mclaughlin Area 11, 866 E. Forest, 460 Houston (garage) Area 10, 1969 Wood
(garage), and 1087 W. Grand are unsafe, substandard, public nuisances and
that they be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structures and
that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
1. 1650 Pine - Garage only
CASE # & PROJECT ADDRESS: 03-59-1650 Pine
LOCATION AND OWNERSHIP: This structure is located on Pine St. between E. Dale
and E. Forest and is owned by Jeffery Stowers of Spring Lake, Ml.
STAFF CORRESPONDENCE: This structure was written as dangerous/substandard
on 5/29/03. A Notice and Order to repair or remove was issued 6/12/03 and on
8/7 /03 the HBA declared the structure.
OWNER(S): This office, after a title search, is notifying the following:
1. Jeffery Stowers, 7070 Beachwood Lane, Spring Lake, Ml
OWNER CONTACT: There has been no contact from the owner.
SEV:$17,200
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $1,500
2. 346 Mclaughlin - Garage only -Area 11
CASE # & PROJECT ADDRESS: 03-52-346 McLaughlin Area 11
LOCATION AND OWNERSHIP: This structure is located on McLaughlin between
Spring and Ambrosia and is now owned by Merrill Linch Mortgage Capital in
Hatboro, PA. It is in the McLaughlin Neighborhood.
STAFF CORRESPONDENCE: This structure was written as dangerous/substandard
on 5/29/03. A Notice and Order to repair or remove was issued 6/12/03 and on
8/7 /03 the HBA declared the structure.
OWNER(S): This office, after a title search is notifying the following:
1. Merrill Lynch Mortgage, Hatboro, PA
2. Judy Smith/ John Jordan, Muskegon, Ml
3. Muskegon County Treasurer, Muskegon Ml
OWNER CONTACT: There has been no contact from the owner.
SEV: $13,900
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $2,000
3. 354 Mclaughlin - Area 11
CASE# & PROJECT ADDRESS: 03-53-354 McLaughlin, Area 11
LOCATION AND OWNERSHIP: This structure is located on McLaughlin between
Spring and Ambrosia and is now owned by the State of Michigan. It is in the
McLaughlin Neighborhood.
STAFF CORRESPONDENCE: This property was written as dangerous/substandard
on 5/29/03. A notice and order to repair or remove was issued 6/13/03 and on
8/7 /03 the HBA declared the structure.
OWNER(S): This office, after a title search is notifying the following:
1. State of Ml, (Real Estate Div.) P.O. Box 30448, Lansing, Ml
OWNER CONTACT: There has been no contact from the owner.
SEV: $12,300
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $10,000 plus the cost for interior repairs
4. 297 Mclaughlin - Area 11
CASE# & PROJECT ADDRESS: 03-30-297 McLaughlin, Area 11
LOCATION AND OWNERSHIP: This structure is located on McLaughlin between
Spring and Pine and is now owned by Jason Outley who lives in Muskegon
Heights. It is in the McLaughlin Neighborhood.
STAFF CORRESPONDENCE: This property was written as dangerous/substandard
on 6/3/03. A notice for an interior inspection was issued 6/4/03 and the owner
did not show for it. A Notice and Order to repair or remove was issued 7/7 /03
and on 9/4/03 the HBA declared the structure.
OWNER(S): This office after a title search is notifying the following:
1. Jason Outley, 2141 Jefferson, Muskegon Hts.
OWNER CONTACT: There has been no contact from the owner.
SEV:$11,100
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $12,000 plus the cost for interior repairs
5. 866 E. Forest
CASE# & PROJECT ADDRESS: 03-73-866 E. Forest
LOCATION AND OWNERSHIP: This structure is located on E. Forest between
Kingsley and Madison and is owned by Homecomings Financial in Houston, TX.
It is in the Oakview Neighborhood.
STAFF CORRESPONDENCE: This property was written as dangerous/substandard
on 7/9 /03 when the MPD contacted the Director of Inspections about the
conditions of this house. The City had the structure boarded on 7/ 11 /03. A
Notice and Order to repair or remove was issued 7/17/03 and on 9/4/03 the HBA
declared the structure.
OWNER(S): This office, after a title search is notifying the following:
1. Homecomings Financial network, Houston, TX
OWNER CONTACT: There has been no contact from the owner.
SEV: $21,600
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: Demo would be paid from General Funds.
ESTIMATED COST OF REPAIRS: $10,000 plus the cost of interior repairs.
6. 460 Houston - Garage only-Area 10
CASE# & PROJECT ADDRESS: 03-42-460 Houston, Area 10
LOCATION AND OWNERSHIP: This structure is located on Houston between Sixth
& Seventh and is owned by James Foster, 1938 Maryland, Muskegon, Ml.
STAFF CORRESPONDENCE: This structure was written as dangerous/substandard
on 6/4/03. A Notice and Order to repair or remove was issued 6/5/03 and on
8/7 /03 the HBA declared the structure.
OWNER(S): This office, after a title search is notifying the following:
1. James Foster, 1938 Maryland Muskegon, 49441
2. Aames Capital Corp, REO Division Los Angeles, CA
3. Huntington Bank, Columbus, OH
OWNER CONTACT: Mr. Foster was present for the meeting and stated he
intended to repair the garage. The board explained that he would still have 30
days until the case went to commission and 21 days after that to repair the
structure. There has been no contact since 8/7 /03 and no permit has been
applied for.
SEV: $18,300
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $20,000
7. 1969 Wood - Garage only
CASE# & PROJECT ADDRESS: 03-63-1969 Wood
LOCATION AND OWNERSHIP: This structure is located on Wood between
Holbrook and Keating and is owned by Annie Rudd, same address.
STAFF CORRESPONDENCE: This structure was written as dangerous/substandard
on 5/29/03. A Notice and Order to repair or remove was issued 6/12/03 and on
9/4/03 the HBA declared the structure.
OWNER(S): This office, after a title search is notifying the following:
1. Annie Rudd, 1969 Wood St., Muskegon, Ml
OWNER CONTACT: There has been no contact from the owner.
SEV: $19,000
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $2,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 1650 Pine-garage only;
346 Mclaughlin-garage only; 354 Mclaughlin; 297 Mclaughlin; 866 E. Forest; 460
Houston-garage only; and 1969 Wood-garage only.
8. 1087 W. Grand
CASE# & PROJECT ADDRESS: #00-56-1087 W. Grand, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on W. Grand between
Barclay and Franklin. It is owned by Brenda and Larry Davis.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/20/00 because of a fire. In October 2000 the HBA tabled the case for 60 days
and the case was again tabled in January 2001. The owners have had
problems with their contractors and have filed a formal complaint to the state.
There have been numerous progress inspections and all permits have been
pulled. The case was again brought before the HBA in February 2003 and
tabled 4 months before forwarding to Commission. On 7/8/03 the City
Commission tabled the case for 90 days with monthly progress inspections
scheduled. An inspection was conducted on October 6, 2003. The inspectors
were instructed to look at this as a final inspection with an eye toward granting
a temporary Certificate of Occupancy. Due to the number of outstanding
issues, including the new furnace needing repair, no water heater installed,
improper wiring for several areas, no stairs to the second floor, improper and
incomplete siding, as well as several other issues, the inspectors were unable to
grant a temporary Certificate of Occupancy.
OWNER CONTACT: Don LaBrenz and Bob Grabinski met with the Davis's and
attempted to explain the items noted. I informed them that as a last attempt to
grant, at a minimum, temporary Certificate of occupancy, Don LaBrenz, Rick
Clark and myself will conduct an additional inspection on October 14, 2003 at
2:30 P.M. They were further informed this office would continue with the City
Commission notice for the October 14, 2003 meeting.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $26,600
ESTIMATED COST TO REPAIR: $30,000
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 decision to demolish 1087 W. Grand.
ROLL VOTE: Ayes: Spataro, Gawron
Nays: Larson, Shepherd, Warmington, Schweifler, Carter
MOTION FAILS
Motion by Vice Mayor Schweifler, second by Commissioner Carter to concur
with the Housing Board of Appeals decision to demolish 1087 W. Grand and
direct staff to delay action 60 days and take no action if items on the October 6th
inspection report are satisfied.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron,
Larson
Nays: None
MOT/ON PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at
7:41 PM.
Respectfully submitted,
LO.
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: October 14, 2003
Date: September 29, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Ci!J C,,,
RE: Sale of Non-buildable Lot at 1332 Sixth Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-388-0006-10) at
1332 Sixth Street to Robert Ellis, owner of 1338 Sixth Street, Muskegon, Ml 49441
Approval of this sale will allow the adjacent property owner to expand their current yard
(see attached map). This a corner lot and is, therefore, being offered to Mr. Ellis for $1
under the by City's Area 10 $1 lot sale policy.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls, thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
9/29/2003
CITY OF MUSKEGON
RESOLUTION #2003-so ( b)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Robert L. Ellis, 4102 N. Norway,
Grand Rapids, MI 49546 for the purchase of a vacant, City-owned lot located adjacent to his
property at 1332 Sixth Street (parcel #24-205-388-0006-10);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this prope1ty back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Area 10 $1 lot program;
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF I 903 WLY 26 FT OF NL Y 44 FT LOT 5 & NLY 44 FT LOT 6 BLK 388 be sold to Robe1t
L. Ellis for $1.
Resolution adopted this 14th day of October, 2003.
Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd, Spataro
Nays: None
By: ~
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
2003-SO(b)
This resolution was adopted at a regular meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~ a.L .
Gail A. Kw1dinger, MMC ~
Clerk
Vacant Non-buildable City-Owned Lot N
1338 Sixth Street W~E
s
~:/
o// -~"/'
~
// ✓///
'ii' / ....
~ , '
.,,/
':i~/,
,/6 _/,////
c,.t:../
/ ~ / / /
/ ,_; t,,ll.,// // ·. ..s-. ' ///// ~"
.v
<,i, //
,-l,
//
'do// ~/.
/
/
/
/
ci,'1,,/ ,:;. ~-
·;r
~/ / ~<)// /
//VJ- / /
;,✓
r,.".,•:1/
~/ ,/6.'- / :,,;;; .C\ / <%, /{,
/ ,,,, / . \J,/\
/
/
/ ti/ ";/
/
//,'
,:?/ // //
L.
.h.///-
.:_-:r,
-·
/
-_
• ••
/
~
¥
/~
/~'l,/" \ -•
~
/~I:)
.I Robert Ellis /~-
~
/ G>y.
,, "/ / s'J/ ./
•t,,t:.
f, / ,., .
'
y
./~
' ~; 1333 Sixth Street
""
"'/ /ii>
'\
/
/
//
/1,
,,,/ ·,/
. /ff "'c 77
Y,"/
.//. . / •· ./ ' /,;;,• ,-\ /4
.p,·'
/
1, '
s-'
\/
/ '"'
' s-
-~ o./ ' / // ;? _, '?' . ;;,
'.'"JY.)· • "/ / //~..', ''Y '3O'-/,/ef, ·.
;;Y / ./f\
',
"·./
/
\ /
/
~'?' .;:./4 .\' ,
%/ s- '",,' *= Subject Property(ies)
~ ' . /.. / / •d
' '$> / ,;;, /./ s- <;" to be sold
,/ ,.. ,;;,/'. \',
•7· 'i"
'\ / // / '·, v,
'!,'!,)/\
/,<.
~.. \ / "" ' • . /
'• "
.,;'/
.;;,
//4,f, '
'·,. . / .
-~\. //>/
·, . / /
c,·• ' . '%' >.. • y •" . •/ ,,;;,/ '½
\ ._ . '/ • \ ·. /,
✓-. ✓
V / \ . / \ / /
oj>• ~v / , / / <:,'o-
,,;p, / ', v
·<,
V's
~{<)~
, / ,>_~ / / /' ,. •
,c,• '' • ' . / •. /' . . •· ' \ '
/ .
•o~,,.
,<;· / ' . '· .• •
./
//lo
, /
,/
'
'
\
/
~.
$'..
••
/> ,:,
•}Y·. / , \, , , .
'
c, )
/"'
~
/ ,,.. ', ,,;;,·
/·.~ / '\. ,:;/ . '"' ' . '-'JP' / / ',$> >.
i ~-
/
.
s-.
/%,
•'/ ~ .,_rs
>, ./ .' ·t"' ,,(, .,. .d}yJ" . _/' 0
//~
if ,· ' ,s.. ,;,/ .
~ / 0 /
/~
g >. -~°-'· .._,;:g./ l'o <S'>
p-~,,. // / /' '?>9· '" / •.• ·\i> 1, ,'?' 0~ f,"'
....
0 , -~' ., / ,:<._~ /
(0
.,. M""
>,) V ;f/ /~'?, 8
/':i
/
/ /ff,,. /
4,;;,'9-/<2) /
..
f,
~
~
! /
'V : /'O:i<:, , /
~
0 -~":>
~ 01
£,_g v~~
·: ! I I~
'
1,
.1QM_
~:
i-
I
·=--
: .:·1
I
I -
-;.
m'm,
-~ i 7
I
' !
$
-~_s_o_, ~- so!3e' s2
LlL.6 77.6 46 46 :: . ,_:' . :,,
I
I 46 ' '46 ·: 40 157 63.3
WASHINGTON AV
.m 82.25 82 25' 46 '
4n ~ .50.----Lso.__
I
r:
'
;!;
82.8 49.8 33 ~~ ~ 7l.5 71.8 ;~- 48 48 I 48 137 ~ I . -92.6 , 55 / 47
I
i
.,, •a; I .,, I 47 :'43
~j
I '
1.... I , - I §
IO.
,.,.~ I I ·~ : . f I i .,,
~
' C----~1 14r-5
i .,_
,_so
__ 11s.s~i
.... , ,
1
//re~
I I! 37 I 59 1151 t
I I
:§ .,,4
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 ROBERT L. ELLIS, a _____ man, of 4102 N. Norway, Grand Rapids, MI 49546,
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, WESTERLY 26 FEET OF THE NORTHERLY 44
FEET OF LOT 5 AND THE NORTHERLY 44 FEET OF LOT 6 BLOCK 388 (COMMON ADDRESS:
1332 SIXTH STREET)
for the sum of: One ($1) Dollar
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revett to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207 .505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ___ day of _ _ _ _ _ _ _~, 200
Signed in the presence of: CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Stephen J. Wamllilgton, Its Mayor
and _ _ _ _ _ _ _ _ _ _ _~
Gail A. Kundinger, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ____ day of - - - - - - - ~ '
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier _ _ _ _ _ _ _ _ _ _ _ , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: _ _ _ _ _ _ _ _ __
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to ROBERT L. ELLIS, a~« j ogJ e man, of 4102 N. Norway, Grand Rapids, Ml 49546,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF J 903, WESTERLY 26 FEET OF THE NORTHERLY 44
FEET OF LOT 5 AND THE NORTHERLY 44 FEET OF LOT 6 BLOCK 388 (COMMON ADDRESS:
1332 SIXTH STREET)
for the sum of: One($ l) Dollar
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Datedthis ~/srdayof Ocfa/,er , 200,L.
Signed in the presence of:
i£mJ&
l/l"'IJ.a
t~
l'ar-,cr
<-.,nCb ,.., ~It,:_
" -::XtJ14n...-, Krv ¥'.-"Oto~\L 'i
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this t!.).sr day of Wfo ,bet"
2003, 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
~Aa ,6.
t.,ndo s. &tf<c
u
Muskegon County, Michigan
, Notary Public
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-JZ,'i"""O
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: October 14, 2003
Date: September 24, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c_sc-
RE: Sale of Non-Buildable Lot at 1509 Marquette Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-611-000-0460-00) at
1509 Marquette Avenue to Michael McKinley, owner of 1495 and 1517 Marquette
Avenue, Muskegon, Ml 49442. Approval of this sale will allow the adjacent property
owner to build a home incorporating his two other lots, one of which is unbuildable (see
attached map). Although the size of this vacant lot is considered buildable, there are
extenuating circumstances surrounding it. Since it has several power poles bisecting
the lot, it was determined by the Land Reutilization Committee (LRC) to be unbuildable.
Since Mr. McKinley is the property owner on both sides of the lot, it will be offered to to
him for $100.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval at their July 22, 2003
meeting.
9/24/2003
CITY OF MUSKEGON
RESOLUTION #2OO3-B0 ( c)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from Michael McKinley, 231 Donald,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to his
property at 1495 nd 1517 Marquette Avenue (parcel #24-611-000-0460-00);
WHEREAS, this lot is not considered buildable due to extenuating circumstances,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
special recommendation of the Land Reutilization Committee (LRC);
NOW, THEREFORE BE IT RESOLVED, that URBAN RENEWAL PLAT NO 2 LOT 460 be
sold to Michael McKinley for$ 100.
Resolution adopted this 14th day of October, 2003.
Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent:
Gail A Kundinger, MMC
Clerk
--- - f -
g "
""/'".- "
-- -
•e
8 8
!!I!_ __6__1 __ - - - 1~2 - - - _
_ 13< - - - - - 132 _
________ )11__ __!;!.!_ __ - --- r__ a
_§6 _ 66
-13---.!i:
- . .- . ~ -. .- {..-.·
___________ ;;;
-•..•·.•.•.. .•...•...£
"'
~
66
-·-J_
·•.• .-..•.·.··
66
· -
...·.•••...•. •.··
_-,;-:-·. ,_- _-_ .-i:i
··,:·- ,.' ·>.-__
..·
~
--- ---t------- gi
• •
..
g c...
---- -: •~
------- ·- _____ \32 - -
" (/)
)>
__ JR, __ _ • •<
i ___ ,, ________ _
-, _J:i;
81 ---------
"
"
• )
_J_~L~-- ____ t32 __ _
>ADMOORST
US31
---- - - - ---- - - -- - -- - --
m
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 MICHAEL McKINLEY, a _ _ _ _ _ man, of 231 Donald, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 460 (COMMON
ADDRESS: 1509 MARQUETTE, MUSKEGON, MI)
for the sum of: One Hundred ($100) Dollars
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.S0S(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _ _ _ day of _ _ _ _ _ _ _ _, 200
Signed in the presence of: CITY OF MUSKEGON
By_ _ _ _ _~ - - - - - -
Stephen J. Warmington, Its Mayor
and _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _ _ _ _ day of _ _ _ _ _ _ _ _.
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier . , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: - - - - - - - - - - - - - " - -
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MICHAEL McKINLEY, a rrarrie'.l man, of23 I Donald, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 460 (COMMON
ADDRESS: 1509 MARQUETTE, MUSKEGON, MI)
for the sum of: One Hundred ($ JOO) Dollars
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Granter. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the 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 .d..&::._ day of Och/; r , 200.j'__.
Signed in the presence of:
~do- ~
1.-/,,.,dc, /iitfrr
FcJ ~ Kp,.~bt;,.
-s " F\n0 Kf'\) \:'.\,Lu s Y:1
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this :Z./ .5 -J- day of Octo ,6 fr
2003, 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
~ $1 J. /Ub;i
ds; /;,trfr , Notary Public
Pannenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Conuu. Expires: '[-d.S--0 {,
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Date: October 14, 2003
To: Honorable Mayor and City Commission
From: Public Works
RIE: Cross Connection Control Inspections
SUMMARY OF REQUEST: To make a contract with Riverside
Inspections, LLC., of Muskegon (Scott Plummer) to perform water
system cross connection control inspections and follow-up plumbing
inspections. These are needed to comply with State of Michigan
regulations governing our water system.
FINANCIAL IMPACT: The costs of this program, approximately $50,000
per year, would be expensed to the Water Fund.
BUDGET ACTION REQUIRED: Budgeted item - no action needed.
STAFF RECOMMENDATION: Contract with Riverside Inspections to
perform this work.
C:\WINDOWS\TEMP\Riverside Inspections Agenda Item cover.doc 9/29/2003
Rublie Works
Me
To: Bob Kuhn, Public Works Director
From: Bob Fountain, Special Operations Supervisor
Date: September 29, 2003
Re: New Contract for Cross Connection/Plumbing Inspector
The City of Muskegon has had the responsibiltty of operating a cross connection control program since
1976 when we passed the ordinance and developed a program, This program was to insure that the
municipal water system is protected from backflow or backsiphonage of contaminated water. Chemical
processes, boilers, inigation systems and fire lines are some examples where contaminated water
could enter the potable water system. If a hazardous situation cannot be eliminated, then protective
devices called backflow preventers are installed to prevent contamination of the water supply. Until
recently the enforcement of this program was somewhat voluntary and self-policing. Systematic
inspections of property were not conducted by the City. We did not have a complete inventory of
protective devices that were installed or a survey of hazards in commercial, institutional, governmental
and industlial properties, A few of the largest cities in the state had sufficient licensed staff to conduct
inspections and enforcement
In 2002 the Michigan Department of Environmental Qualtty which oversees the operation of all potable
water systems, conducted a survey of the Ctty's water system to determine reliabiltty of the system and
safe operating practices in place. Muskegon was written up as deficient in conducting a cross
connection program. The implications of that criticism were very serious and the ctty staff had to
respond. We needed to implement an inspection program. The only person on staff licensed to do
such inspections, our Plumbing Inspector, was already fully occupied wtth inspecting construction work,
For this reason we opted to contract out this work.
In September 2002 we employed Scott Plummer of Riverside Inspections, LLC, a Muskegon-based
inspection sole proprietorship firm, as a contractor to perform cross connection inspections of buildings
and premises in the city. He documents the location of backflow preventers and catalogues locations
where dlinking water is exposed to contamination but not protected. He makes recommendations, but
in this capacity has no enforcement power. He reports to Bob Fountain who sends out enforcement
letters and tracks the inspection details and locations of backflow prevents on a computelized
database. As a ctty employee, Bob Fountain represents the water system wtth only the option to order
water service termination in the event of non-compliance.
The results of cross connection inspections have been excellent So far 181 properties have been
inspected, The majmity of these require corrective action. Typically the property owner must install
protective devices or remove the hazard.
Whenever we issue an order for corrective action, we require the property owner to hire a qualified
plumber who must pull a plumbing permit from our Inspections Department To follow up on such
permits, we must employ a plumbing inspector, that is, a qualified code enforcement official. Initially we
llied to refer this work to our in-house plumbing inspector, but we learned that he did not have the lime
Cross Connection/Plumbing Inspector
available to do the inspection follow-up. To complete the implementation of an effective cross
connection control program, we seek to contract out the plumbing inspection follow up to Scott
Plummer. He is a fully qualified plumbing inspector who already works for other municipalities part-time
and fills in for Muskegon when our in-house inspector is on vacation. We would expand his contract to
encompass this additional role. The City Attorney has already completed the contract changes. We
have also made an estimate of the cost of this program which is attached. We believe that this is the
most cost effective solution to meet our cross connection inspection program needs and recommend
that this contract be approved by the City Commission.
Cross Connection Inspection Budget
2004
Hourly # of Hours % of
Service Performed Rate weeks er week time Total Cost
Cross Connection
Inspector $55.00 44 20 70% 33,880.00
Plumbing Inspector $85.00 44 20 30% 22,440.00
Annual Projected Total $56,320.00
Note: the 70/30 split of inspection activities is merely an
estimate.
Cross Connectionplumbing Inspector Memo • Page2of 2
J0-1'!·•03
2._ooJ~ ,f'O ( ( )
CITY OF MUSKEGON
INDEPENDENT CONTRACT FOR SERVICES
This Agreement is effective on September 15, 2003, between City of Muskegon, a Michigan
municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and Riverside Inspections,
L.L.C., a Michigan limited liability company, of 314 Quarterline, Muskegon, Michigan 49442
("Riverside"), with reference to the following facts:
Background
A. City has undertaken and will continue a cross-connection control inspection process.
B. Riverside possesses the qualifications, skills, and experience suitable for undertaking
such a program.
C. City and Riverside entered into a contract dated September 3, 2002 to formalize the terms
and conditions according to which City agreed to retain Riverside for the cross-connection control
inspection process.
D. City desires to expand the duties of Riverside to include plumbing inspections.
Therefore, the parties agree as follows:
I. The parties agree that the contract between City and Riverside dated September 3, 2002
is hereby terminated.
2. Riverside's Qualifications. Riverside represents and warrants that it is, and, at all times
shall be, qualified and professionally competent to provide the professional services required under this
Agreement.
3. Term and Termination.
a. This Agreement shall be effective on September 15, 2003, and shall remain in
full force and effect until September 14, 2004.
b. This Agreement may be terminated by either party with cause upon thirty (30)
days' written notice to the other party.
4. Duties and Compensation of Riverside. Riverside shall perform the activities set forth
on attached Exhibit A and B.
4.1 Cross-Connection. City shall retain Riverside to perform those activities listed
on Exhibit A. City guarantees to pay Riverside for at least 1,040 hours per 12 month period. City will
pay Riverside an hourly fee of $55 based upon invoices, which shall be paid monthly.
4.2 Plumbing Inspection. City shall retain Riverside to perform those activities
listed on Exhibit B. City will pay Riverside an hourly fee of $85 based upon invoices, which shall be
paid monthly.
G :\EDS I\FILES\00100\ 1804\AG\836698. DOC
4.3 Riverside shall perform Services from his home or office. At all times under this
Agreement, Riverside shall maintain regular contact with staff employed by City, particularly with Robert
Fountain of the City, who shall be responsible to monitor the planning and performance provided by
Riverside.
5. No Other Benefits. Riverside shall not be entitled to receive any benefits other than
those set forth in this Agreement.
6. Expenses. Riverside shall be responsible to pay for all expenses incurred by Riverside
related to the performance of his duties under this Agreement.
7. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, City and
Riverside agree to defend, pay in behalf of, indemnify, and hold harmless the City, its elected and
appointed officials, employees, volunteers, and others working on behalf of the City against any
and all claims, demands, suits, or loss, including all costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the City, its elected and
appointed officials, employees, volunteers, or others working on behalf of the City, by reason of
personal injury, including bodily injury and death, property damage, including loss of use thereof,
and/or the effects of or release of toxic and/or hazardous material which arises out of or is any
way connected or associated with this contract. The obligation to defend and hold harmless
extends to City's employees, agents, subcontractors, assigns and successors.
b. City Insurance Requirement. City and Riverside shall not commence work
under this contract until obtaining the insurance required under this paragraph. All coverages
shall be with insurance companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. The City and Riverside shall procure and
maintain during the life of this contract, Workers' Compensation Insurance, including Employers
Liability Coverage, in accordance with all applicable Statutes of the State of Michigan.
d. Commercial General Liability Insurance. The City and Riverside shall
procure and maintain during the life of this contract, commercial general Liability Insurance on
an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and/or
aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage
shall include the following extensions: (A) Contractual Liability; (B) Products and Completed
Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions
or equivalent; (E) Deletion of all explosion, Collapse and Underground (SCU) exclusions, if
applicable.
e. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional Insureds": The
City, all elected and appointed officials, all employees and volunteers, all boards, commissions
and/or authorities and board members, including employees and volunteers thereof. The
endorsement adding the City as additional insured shall read exactly as follows: "The City of
Muskegon g; hereby added as an additional insured ... "
f. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement stating the
G :\EDS I\FILES\001 00\ 1804\AG\B 36698.DOC
following: "It is understood and agreed that Thirty (30) days Advance Written Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to: CITY OF
MUSKEGON DEPARTMENT OF PUBLIC WORKS."
g. Proof of Insurance Coverage. The City and Riverside shall provide the City at
the time the contracts are returned by him for execution, certificates and policies endorsing the
City as additional insured as listed below:
i. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance;
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
h. If any of the above coverages expire during the term of this contract, the City and
Riverside shall deliver renewal certificates and/or policies to City at least ten (I 0) days prior to
the expiration date.
8. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is delivered to the
other party at the other party's address set forth in this Agreement or at any other address that the
other party provides in writing. Notices given in person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the State of Michigan.
c. Assignment or Delegation. Neither party shall assign all or any portion of its
rights and obligations contained in this Agreement without the express prior written approval of
the other party, which approval may be withheld in the other party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other agreements, written or oral, that may have been made or entered into,
by, and between the parties with respect to the subject matter of this Agreement, and shall not be
modified or amended except in a subsequent writing signed by the party against whom
enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives, permitted
successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
G:\EOSI\FILES\00100\ 1804\AG\836698.DOC
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
h. V cnne. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive personal and subject
matter jurisdiction and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
City and Riverside have executed this Agreement on the date written below their signatures to be
effective according to the tenn(s) stated in this document.
City-
- ,--'
)
Riverside-
Riverside Inspections, L.L.C.-
-;C ~~,/JI//
Leonaro Plu~er
~
Its Member
G:\EOSI\FILES\001 00\ 1804\AG\B36698. DOC
Exhibit A
Cross Connection Control Inspection Services
The City of Muskegon Department of Public Works, the "City", is contracting with
Riverside Inspections, L.L.C., the "Contractor", to provide water system cross
connection control inspection services. These services are to include:
I. Visual inspection of cross connection control devices as installed in all
buildings served by the municipal water system as assigned. Such inspection
will include the following:
a. Verification of make, model, size and serial number.
b. Verification that installation conforms to proper plumbing
procedures and that the location of devices is accessible for
testing and service.
c. Inspection of the premises to determine if hazards exist that
require the installation of additional protective devices.
d. Verification that the device has been tested within 365 days.
2. Inspection of any building served by the municipal water system as assigned
to determine ifbackflow or backsiphonage hazards exist. This inspection will
determine the need for backflow prevention devices, the type to be installed,
and the location in the building plumbing where such hazards exist.
3. The City will notify any properties to be inspected by written advance notice
that a cross connection inspection is to be performed by the Contractor.
4. The Contractor will document all inspections on proper inspection forms as
required by the City.
5. The Contractor will fill out a time sheet as specified by the City to document
the dates, locations, and hours of work.
6. The Contract will honor requests for service as submitted by the City with the
right to delay a request if scheduling does not permit. However, the Contractor
will make every effort to comply with requests in a timely manner.
7. The Contractor is to provide own transportation, tools, appropriate journeyman
plumber contractor's license and certification for backflow preventer testing.
September 2003
Exhibit B
Plumbing Inspections Services in Supp01i of
Cross Connection Control Inspection Services
The City of Muskegon Department of Public Works, the "City", is contracting with
Riverside Inspections, L.L.C., the "Contractor", to provide plumbing inspections
services to support the water system cross connection control inspection services.
I. Inspection of plumbing systems and backflow preventer installations as
specified in plumbing permits obtained from the City's Inspection Services
Office. The scope of this work will be limited to the performance of a cross
connection control inspection program.
2. Such plumbing inspections will be conducted to enforce the State ofMichigan
Code and Cross Connection Control Rules as adopted by city ordinance.
3. The Contractor will document all inspections on proper inspection forms as
required by the City.
4. The City will be responsible for management of computerized records.
5. The Contractor will fill out a time sheet as specified by the City to document
the dates, locations, and hours of work.
6. The Contractor will honor requests for service as submitted by the City with
the right to delay a request if scheduling does not permit. However, the
Contractor will make every effort to comply with requests in a timely manner.
7. The Contractor is to provide own transportation, tools and appropriate
plumbing inspector's license. The Contractor must surrender his plumbing
contractor's license per state law. He must be licensed at a minimum as a
journeyman plumber with two years experience.
September 2003
DATE {MMI0D/YYYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID C~
RIVER-1 08/26/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Muskegon Insurance Agency, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
89 West Apple Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Muskegon MI 49443
Phone:231-722-7281 Fax:231-726-6071 INSURERS AFFORDING COVERAGE NAIC#
INSURED 1NSURERA: Frankenmuth Mutual Ins Co
INSURER B:
Riverside Inspections LLC JNSURERC:
Scott Plummer
314 N. Quarterline INSURER 0:
Muskegon MI 49442
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER Po1'i!E iJWJ'ttJ!XE P[)k~e- ,AAwo~~~N LIMITS
-
GENERAL LIABILITY EACH OCCURRENCE s 1000000
,v " " "
A X COMMERCIAL GENERAL LIABILITY CPP3001320 02/15/03 02/15/04 PREMISES (Ea occurence)
CV
s 100000
I CLAIMS MADE [!] OCCUR MED EXP (Any one person) s 5000
-
PERSONAL & ADV INJURY s 1000000
-
GENERAL AGGREGATE s 2000000
s 2000000
lx7 POLICY n
GEN'L AGGREGATE UMIT APPLIES PER:
PRO·
JECT nwc
PRODUCTS • COMP/OP AGG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
--
~
(Ea accident) $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) s
~
-
~
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per accident) $
~- PROPERTY DAMAGE
s
(Per accident)
GARAGE LIABILITY AUTO ONLY· EA ACCIDENT s
==i ANY AUTO OTHER THAN
AUTO ONLY:
EAACC
AGG '
'
~ OCCUR •
EXCESS/UMBRELLA LIABILITY
CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
$
$
R DEDUCTIBLE
s
$
'
RETENTION
WORKERS COMPENSATION ANO ITo'RY~L,Mii'S I 1-Eft '
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT s
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
lf~es, describe under
S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT s
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
Additional Insured: City of Muskegon, 993 Terrace, Muskegon, Mi. 49440
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITYOF2
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Muskegon NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City Clerks Office
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
993 Terrace
Muskegon MI 49440 REPRESENTAT!VES.
AUTHORIZ~~~~T~~IVE .>;· ... .;/
Mark E·.,f S~Ei':t""' a. .:,,:' ·'' "
ACORD 25 (2001/08) © ACORD CORPORATION 1988
Commission Meeting Date: October 14, 2003
Date: October 7, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Reprogramming of HOME funds
SUMMARY OF REQUEST: Community and Neighborhood Services
request to reprogram funding that was originally awarded to the Nelson
Neighborhood in 1998, 1999, and 2000. The total amount of funding is
$120,000. The funding will be reprogrammed to assist Neighborhood
Investment Corporation with $80,000 for Infill Construction, Bethany
Housing with $18,000 for housing rehabilitation and CNS $22,000 for
Turnkey 3 demolition and administration.
FINANCIAL IMPACT: Funding will be disbursed form the City's HOME
funds reprogrammed to 2003-2004
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: October 14, 2003
Date: October 7, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Additional Siding Contractor
SUMMARY OF REQUEST: Community and Neighborhood Services
department request to add Gawlick Construction of 2084 Mary St.,
Fruitport Township, Ml as one of the City's contractors for vinyl siding
installers.
Gawlick Construction will be installing vinyl siding on CDBG approved
applicants homes for the price of $65.00 (sixty-five dollars) per building
square. If the Commission's approves to add Gawlick Construction, the
total number of contractors working on the City's vinyl siding program
will be four during the 2003-2004 fiscal year
FINANCIAL IMPACT: Funding will be disbursed from the 2003-2004
CDBG siding program
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: Both the Commission and the
CDC approved the CDBG budget.
Date: 9/24/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Plow Blades
SUMMARY OF REQUEST: Approval to purchase 350 plow blades.
FINANCIAL IMPACT: Cost $11,259.50
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of 350 plow blades from
Truck & Trailer Specialties.
Memorandum
To: Honorable Mayor and City Commissioners
From: Brett Kraley
Date: 09/29/03
Re: Plow Blades
The Equipment Division is preparing for the winter plowing operations. Every
year we request bids from area suppliers for under body plow blades. The blades we
use are flame hardened, which extends the life of the blades and reduces the number
of blade changes per year.
I have requested prices from area suppliers as well as a shared purchasing
program with the Muskegon County Road Commission. Unfortunately, the road
commission is not bidding flame hardened blades this year. Therefore, the lowest
responsible bidder for this purchase is Truck & Trailer Specialties. (See attachment)
In accordance with established purchasing policy, I am requesting permission to
purchase 350 plow blades from Truck & Trailer Specialties.
1
r-- ----
350 Plow Blades
-
Each Total
---- -----
Hyde Equipment $ 33.50 $ 11,725.00
P.O. Box 368 - -
Petos~Ely, Mi. 49770
Shults Equipment $ 32.48 $ 11,368.00
2122 Turner
Grand Rapids, Ml 49544 --
Truck & Trailer Specialties $ 32.17 $ 11,259.50
6726 Hanna Lake Rd
-
Dutton, Mi. 49316 --
--
-
e------------ .. -- -- -
-
-
-
- -
Date: 9/09/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Excavator Purchase
SUMMARY OF REQUEST: Approval to purchase one Hyundai R160LC-3
Excavator.
FINANCIAL IMPACT: Total Cost $78,500.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of one Hyundai R160LC-3
Excavator from Wolverine Tractor.
Memorandum
To: Honorable Mayor and City Commissioners
From: Brett Kraley
Date: 09/29/03
Re: Excavator
The Equipment Division has been exploring the purchase of an excavator for the
last several years, but due to the high cost of this piece of equipment, we have been
very apprehensive about this purchase.
A number of factors have changed recently that has made this purchase more
viable for the city. The water and sewer departments have proven that it is more cost
effective to do some large projects in house. We are also finding this true for several
of our storm sewer projects as well. These jobs require us to rent an excavator. Over
the last three years we are averaging around $17,000 per year to rent for these
machines and with more in-house work planned this number is sure to rise.
Over time, we have had an opportunity to operate all the major manufacturers
equipment in the 36,000-pound class and find them all to be sufficient for the job we
need them to do. That said, purchase price is the deciding factor for this purchase.
The lowest responsible bidder for this purchase is Wolverine Tractor. (See
attachment)
In accordance with established purchasing policy, I am requesting permission to
purchase one Hyundai Rl60LC-3 from Wolverine Tractor.
1
Excavator
--
-
Bid Model
-
----
Contractors Machinery $103,800.00 Volvo EC 150LC
13200 North End Ave
--
Oak Park, Mi 48237
United Rentals $102,199.00 Kobelco SK160LC
2122 Turner --
Grand Rapids Ml 49544
-----
-
Michigan Caterpillar $ 98,500.00 Caterpillar 315C
7700 Caterpillar Ct.
Grand Rc3pids Ml 49548
--
Wolverine Tractor $ 78,500.00 Hyundai Robex R160LC-3
2450 28th Street SW - -
Grand Rapids Mi. 49509
-
-
AIS Equipment $ 103,500.00 Komatsu PC 160 LC-7
600 AIS Drive
Grand Rapids Mi. 49548 --
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: OCTOBER 14, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Alpha St., Commerce to Jefferson
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Alpha St., Commerce
to Jefferson, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $21,281.52 would be spread against the eight-(8) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-82(a)
Resolution Confirming Special Assessment Roll
For Alpha Ave., Commerce to Jefferson
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on May 13, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall cany interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Alpha Ave., Commerce to Jefferson
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler,
Carter
Nays: None
City of Mus egon
Gail A. Kundinger, City Cl le
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 14, 2003.
_ City of Muskygon
By~~:..W...&!...~.,L..- L
~ ~ ~ ~ ~ ~-
Gail A. Kundinger, City
EXHIBIT A
ALPHA AVE. COMMERCE TO JEFFERSON
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Alpha Ave. from Commerce to Jefferson
1/
/ / __ .-
/ // / //// • _-
J
1 _f IL_ J__ ~ -- -~ ~-_ .J--_ -_-l=
l.-_1J~_l_J -_ Jj
=_--__ l ___l. .-~._ 1_•-_
- - - --- --
1_.._-__
----- --------- --- - - - - - -J-- •611--1 SI -_- _ - -- ---
~ ~l-~:~ - - - -r · - - - - J -- ?== -- - -- 1 [_~=~tJt_
~- iG~l~r'] ---1 -- - -- --JI ---- -=- - ;IJ ~ E-=~=J E~=
----~ LeeAfm1 - e1:: si ---- c------ _ B I=-~-=
_ --- [l-IIJID .[L_[t_~~r- 1-_ ·11~ [iII_IIt- rr11nJ~ 1
I .~..
!n
~r~J
1
1MJp1 11 1
[ 1J~L1 ~I 1TI:r] PIITil
11111 [ JLIJ1 . J 1~h -- . -- . . 1--1-1
l .
=rn] [LTilII~ .lL~_'ll~~JJ j 11 LI_ LJEFFEmlo
I_ -~-----_ "--,1_ -~_Pj l
_I__I ____ ___ 1- _ _ -- '-'----------:: --
--_-_1_ -1_1-_-.•~=-_-"jJ ___. . . - I~ -.J t- - --
. . 11
~., -s1
IJ]IIJ --- ------ - - --r-r --- 0
~ ------ ----- - - - - -----
l] -t,
i1rr~[ _,_
ILlIIJ]~ -l l- l
IIJ~I]_-- J - --- -
Alpha Ave., Commerce to Jefferson
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. \VARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
/
October 3rd, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at ADDRESS STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
Public Hearinfil
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 14, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 14, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $71,000.00 of which
$21,281.50 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2209.88 based on 62.25 feet assessable front footage at $35.5 per assessable foot for
the street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2209.88 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $220.99 PER YEAR
Due Date: December 15th, 2003
NO
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~✓~~~
Mohammed Al-Shale!, P.E.
City Engineer
Enclosures
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.
Lil Y Ut•· l\'IU:SKELiUN
STREET H-1570
ALPHA A VE., COMMERCE ST. TO JEFFERSON ST.
CDBG APPLICATION FOR WAIVER OF SPECIAL
- ASSESSMENT
' HOUSEHOLD INFORMATION
. . .
Name: Birthdate: Social Security # _ _-_ _ -_ _
Spouse: Birthdate: Social Security # _ _ -_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-____
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _ -____
--:- --:- .
·. .
'
INCOME INFORMATION ••
·.
.·
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
"'age earner:
Wage earner:
Total: $
. .
.
. PROPERTY INFORMATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowncr's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG stafl)
.
. · .
·. OWNER'S SIGNATURE . . . .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
· ..
cc ~
.
FOR OFFICE USE ONLY .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
STREET H-1570
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. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART 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,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 resen,es the rig/rt to ver(fy all application i1!fonnatio11, and to reject any applications that contain.fa/.\·{fied h?formation or instfficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
CLIFFORD ST. , LAKESHORE DR. TO MINER
DA VIS ST., LAKETON A VE. TO SOUTHERN AVE.
MANN ST., LAKESHORE DRIVE TO HARRISON AVE.
AND
MOON ST., LAKESHORE DRIVE TO HARRISON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Alpha St. from Commerce St. to Jefferson St.
• All parcels abutting Clifford St. from LakeshoreDrive to Miner Avenue
• All parcels abutting Davis St. from Laketon Avenue to Southern Avenue
• All parcels abutting Mann St. from Lakeshore Drive to Harrison Avenue
• All parcels abutting Moon St. from Lakeshore Drive to Harrison Avenue
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 14,, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Gail A. Kundinger, City Clerk
Publish: OCTOBER 4, 2003
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes 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 of TDD (231) 724-6773
CITY OF MUSKEGON
ResolutionNo. 2003-4'1, (e)
ENGINEERING DEfl.
Resolution At First Hearing Creating Special Assessment District
For Alpha Ave., Commerce to Jefferson
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on May 13, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held May 13, 2003, there were 24. 95% objections by the owners of the
prope1iy 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 prope1iy 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( Spataro and Vice Mayor Buie
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 27.03% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Buie, Gawron, Larson, Schweifler, Sh@pherd,
Spataro
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on May 13, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By~Q~.
Gail A. Kundinger, ClerP
EXHIBIT A
ALPHA AVE. COMMERCE TO JEFFERSON
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Alpha Ave. from Commerce to Jefferson
/ , / // --- f l J_ l~LJ~l~!l ~.:]J
·•. . -- ______ I_ - -- ---:- I~ j 6lli ST _ .
--i-r-T]-J
_J_lJ_
[TJ _1_L_1F - '~r~t~l] }} ·-
_I_ t J: lL -..
J.
7
~ . - .- - - - - J
-
E- O
----n. -ti
__l__lfl
c·r.rr-[1t1J
~_1-
- 11 IT-[1 r1-1·-[
J-j J.
~~ ~00 -.· .-1--
_ ~ =-. ·- -_[~
1=-=-J [===rrI]] [[[[ _____ - - [I- _
,_a __
ru' b
I _1]__ ~F-
1---- -----II l~:I __J ----- -
- - ---- -I - l .
II .]
f _1~ _-III
~ -1-
I I- -- --- _JJ .___ ,_ _ I ~ __ _ ~-.--.-,...,.......,-81
I
LL-----P - -
-IIUfL~J ------ ----- -- --[1- -- ~ ---- _ . _-
-- - - --
- - -
JJ£1~~L ----- -- --· ___ ~
1
~HJJ}t_:l 1:1~rr11JJr~ _C~] 1::~ =~ 1
I
H 1570 HEARING DATE OCTOBER 14, 2003
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-232-012-0008-00 1856.0 COMMERCES BLAIS KAREN L TRU 19049 ELIZABETH CT SPRING LAKE Ml 49456 $2,209.88 $0.00 $2,209.88
24-232-012-0007-00 1855.0 5THST WEDLAW LATECHA A 1855 5TH ST MUSKEGON Ml 49441 $2,209.88 $0.00 $2,209.88
24-232-007-0008-00 1854.0 5THST TISCH GERALD NJO 1854 5TH ST MUSKEGON Ml 49441-2 $2,218.75 1,600.00 $3,818.75
24-232-007-0007-00 1853.0 JEFFERSON S MCLAURIN CAROL R 1853 JEFFERSON ST MUSKEGON Ml 49441 $2,218.75 $0.00 $2,218.75
24-232-011-0014-00 1872.0 COMMERCES TYLER JAMES 1872 COMMERCE ST MUSKEGON Ml 49441 $2,209.88 $879.00 $3,088.88
24-232-011-0001-00 177.0 ALPHA AVE HINES WILTON/AUD 177 ALPHA AVE MUSKEGON Ml 49441 $2,209.88 1,088.00 $3,297.88
24-232-008-0014-00 1872.0 5TH ST HUSMANN TODD 1872 5TH ST MUSKEGON Ml 49441 $2,218.75 $0.00 $2,218.75
24-232-008-0001-00 1871.0 JEFFERSON S RUSH QUEENIE D 1871 JEFFERSON ST MUSKEGON Ml 49441 $2,218.75 $0.00 $2,218.75
TOTALS $17,714.52 $3,567.00 R!,281.52
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
~~ /,?J~dJ3
r::;-¢'R'.f1'1RNER, DIRECTOR,C~; EQUALIZAT~. 6A.;;;-
~o~ /0-J0-0.3
DATE
:j(c,s~~
KAREN BUIE ~ C I T Y COMMISSIONER
fc/z-1Js
DATE
10/6/2003
Page 1 of 1
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:
H-1570 Alpha, Commerce St. to Jefferson 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 ST ATES MAIL RECEPTACLE ON THE 3rd OF ~ R , 2003
~Q,
GAIL A. KUNDINGER~CL
~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
3 DAY OF DL±:o b-91C'. , 2003.
~~ l<r<u-¼w ~I(
NOTARPUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES j , I~• D'S"
1·~ t: L ': I V t L
,:i rY 0, '>ti I ;t.~:, ,: :·.:');\I
OCT O3 2003
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: OCTOBER 14, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Clifford St., Lakeshore Dr. to Miner
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Clifford St., Lakeshore
Dr. to Miner, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $24,607.46 would be spread against the twelve-(] 2) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 8003-82(b)
Resolution Confirming Special Assessment Roll
For Clifford St., Lakeshore Dr. to Miner
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 25, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall CatTy interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Clifford St., Lakeshore Dr. to Miner
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: ---"'L=a=r=s=o=n_,_,_S=h=e=p.:. . :h..:. :e::..::r:.. .:d-'-",___;::S""'p=a-=-t=ar=-o=-..,_,-'W-"-'a=rm
= i=n=gc.::t-=-o=
n-'-,_S
::::.c.: . .:hc.: .;:w. .ec=-- -i==-=f=l:..::e=r__,_,___;:cc=a=-rt-=-e=r=-''----
Gawron
Nays: __N_o_n_e_ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _
City of Mu -egon
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll refe1Ted to in this resolution was
confirmed on this date, being October 14, 2003.
Gai l A. Kundinger, City Cl
EXHIBIT A
Clifford St., Lakeshore Dr. to Miner
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Clifford St., Lakeshore
Dr. to Miner
-~
>
en
en
trl
en
en
:a:
trl
z,-J
t?
H
en
,-J
"' H
0
,-J
Clifford St., Lakeshore Dr. to Miner
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
October 3rd, 2003
OWNERS NANE
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at ADDRESS STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
CLIFFORD ST., LAKESHORE DR TO MINER
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 14, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 14, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $114,000.00 of which
$24,607.46 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1893.6 based on 60 feet assessable front footage at $31.56 per assessable foot for the
street improvements. In addition, you will be assessed $403.26 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2296.86 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $229.69 PER YEAR
Due Date: December 15th, 2003
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
/JJf✓~#✓
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1558
CLIFFORD, LAKESHORE DR. TO MINER
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _ -_ _-_ _
Spouse: Birthdatc: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infom1ation)
Number Living in 1-IousehoJd: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security # _ _ -_ _ -_ _
Name Birthdate Social Security # _ _-_ _ -_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
"'age earner:
Wage earner:
,vage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Cunent ( ) Delinquent Year(s) Due
(Property taxes must be cun-ent to qualify and will be verified by CDBG staff-)
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
. FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
CLIFFORD, LAKESHORE DR. TO l\1INER
STREET H-1558
REQUEST FOR \VAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times - If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. Jfyou meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2002
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
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 verijj1 all application i17formation, and to reject any applications that containff.tlsified i11formation or insufficient
doc1m1entation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
CLIFFORD ST . . I.:AKESHORE DR. TO MINER
DAVIS ST., LAKETON A VE. TO SOUTHERN AVE.
MANN ST., LAKESHORE DRIVE TO HARRISON A VE.
AND
MOON ST., LAKESHORE DRIVE TO HARRISON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Alpha St. from Commerce St. to Jefferson St.
• All parcels abutting Clifford St. from LakeshoreDrive to Miner Avenue
• All parcels abutling Davis St. from Laketon Avenue to Southern Avenue
• All parce ls abutting Mann St. from Lakeshore Drive to Harrison Avenue
• All parcels abutting Moon St. from Lakeshore Drive to HaiTison A venue
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 14,, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
are to hear objections to the assessment rolls and to approve, reject, or correct the said ro lls.
Gail A. Kundinger, City Clerk
Publish: OCTOBER 4, 2003
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 1) 724-6705 of TDD (231) 724-6773
CITY OF MUSKEGON
ResolutionNo. 2003-28 (f)
Resolution At First Hearing Creating Special Assessment District
For Clifford St., from Lakeshore Dr. to Miner
Location and Description of Properties to be ££cC EI VE LJ
See Exhibit A attached to this resolution CITY OF Ml l~l<Fr,ON
MAR 2 8 200:'i
RECITALS:
I.
i::Iu~1MC''.:D1~c
A hearing has been held on March 25, 2003 at 5:30 o'clock p\dJ.Q \1/cJeffl,~
O[Pl •
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 25, 2003, there were 2 2 • 4 3 % objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissionel).{I Scbwei fl er and Mayor 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 27.87% 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 ScbwE-•ifJer, Shepherd, Spataro, Warmington, Enie, Gawron, Larson
Nays._ --1.!1.c>LU,_.s..__ _ _ _ _ _ __ _ _ __ __ _ _ _ _ _ _ _ _ __ _ _
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
EXHIBIT A
Clifford St., Lakeshore Dr. to Miner
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Clifford St., Lakeshore
Dr. to Miner
-N
t:J
H
[/l
e-3
"'
H
("}
e-3
H 1558 HEARING DATE OCTOBER 14, 2003
CLIFFORD ST., LAKESHORE DR. TO MINER
SPECIAL ASSESSMENT ROLL
PARCEL @
DR APP
OWNER MAILING ADDRESS
PAVING /SW TOTAL
24-205-693-0001-16 2485.0 LAKESHORE D BLAKE THOMAS E/S 3223 PARK PLACE MUSKEGON Ml 49441 $1,578.00 $0.00 $1,578.00
24-205-693-0001-19 2181.0 CLIFFORD ST MITCHELL FRANKIE 2181 CLIFFORD ST MUSKEGON Ml 49441 $1,420.20 $0.00 $1,420.20
24,205-693-0001-20 2187.0 CLIFFORD ST MOREY JAMES A PO BOX 73 MEARS Ml 49436-0 $1,420.20 $0.00 $1,420.20
¼4-205-693-0001-21 2193.0 CLIFFORD ST RICHARDS ROBERT 2193 CLIFFORD ST MUSKEGON Ml 49441 $1,893.60 $403.26 $2,296.86
24-205-693-0001-22 2203.0 CLIFFORD ST SCHNEIDER RANDAL 2990 COUNTRY CLUB MUSKEGON Ml 49441 $946.80 $550.11 $1,496.91
24-205-693-0001-41 2207.0 CLIFFORD ST TOSCANO DARCEY J 2207 CLIFFORD ST MUSKEGON Ml 49441 $946.80 $220.11 $1,166.91
24-205-693-0001-42 2211.0 CLIFFORD ST HILLARD RODNEY/C 2211 CLIFFORD ST MUSKEGON Ml 49441 $946.80 $256.74 $1,203.54
).-24-205-693-0001-43 2217.0 CLIFFORD ST GILBERT VIRGINA 2217 CLIFFORD ST MUSKEGON Ml 49441 $946.80 $201.63 $1,148.43
'
>, 24-205-693-0001-44 2223.0 CLIFFORD ST TROMBLEY JAMES 2223 CLIFFORD ST MUSKEGON Ml 49441 $1,893.60 $274.89 $2,168.49
24-205-693-0001-45 2241.0 CLIFFORD ST TILFORD STEPHANIE 2241 CLIFFORD ST MUSKEGON Ml 49441 $1,649.01 $403.26 $2,052.27
24-205-678-0001-00 2471.0 LAKESHORE D DOUGLAS STEVEN M 2471 LAKESHORE DR MUSKEGON Ml 49441 $5,002.26 $0.00 $5,002.26
24-205-693-0001-46 2226.0 CLIFFORD ST DION EDWARD J 2226 CLIFFORD ST MUSKEGON Ml 49441 $3,653.39 $0.00 $3,653.39
10/6/2003
Page 1 of 2
H 1558 HEARING DATE OCTOBER 14, 2003
CLIFFORD ST., LAKESHORE DR. TO MINER
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $22,297.46 $2,310.00 $24,607.46
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~&
TION DATE
1,/r-pJ
~ • - DATE (
~ ~::y , i < -
COMMISSIONER
IeI?...'D
DATE
23
10/6/2003
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: OCTOBER 14, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Davis, Laketon to Southern
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Davis, Laketon to
Southern, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $3 I,775.69 would be spread against the twenty-nine-(29) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-82 ( c)
Resolution Confirming Special Assessment Roll
For Davis, Laketon to Southern
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on Februaray 25, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall cany interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Davis, Laketon to Southern
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron,
Larson
Nays: None
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 14, 2003.
~ City of M~s~ on .
By_~
~==-----Q~. ---=-
~--===--==-=:..!....:=~
Gail A. Kundinger, City Cl& k
=-
EXHIBIT A
Davis, Laketon to Southern
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Davis St., from Laketon to Southern
I II
1// 11 IC
:I 5001HERN ,I \IE: I:I
i1 FORcST ,11/E
111
·.e!- I I!
'{f'l
rt,W
I IREU.ND
II
)LJL-J D,IL£ ,I\IE:
I
.... ---.~
-
"' \ ' --------, 0,1!£ ,I\£
~·~ I;1~=====
....
~
. .LJLJ~ :I
"'
~
~.-.-
§
ct:
,I\IE:
\\
ii LARal A. VE'
l~._I____
I I
_____. I II.____
_ UJG~ETOH:)~-111~ I
'ROJECT LOCATION
CITY OF MUSKEGON I
OFFICE 01" T11E CITY ~NC.INE~
DAVIS STREET
J,._!,_l't_l;:_T~N _!!)_ St;l_l,I_THEAfll_
:::;;----,.~.~
-
., ...__ ~
~ c .- ~
.,~ ·•'-'"'
H-15bl. S-:i&I
SPECIAL ASSESSMENT DISTRICT
Davis, Laketon to Southern
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
October 3rd, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at ADDRESS STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
DAVIS, LAKETON TO SOUTHERN
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 14, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 14, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $105,000.00 of which
$31,775.68 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1178.1 based on 66 feet assessable front footage at $17.85 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1178.1 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $117.81 PER YEAR
Due Date: December 15th, 2003
NO
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
t?#/~dlll
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
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 Persofl§)_
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1563
DA VIS, LAKETON TO SOUTHERN
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION ·.· .
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List infom1ation for household members besides owner/spouse here.
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # _ _ -_ _ -_ _
Name Birthdate Social Security # _ _-_ _-_ _
.
. . ·.
INCOME INFORMATION ·. . · .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. .
. . PROPERTY INFORMATION . • .
. ..
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff-)
.
. . . .··
·•
•
.
.• OWNER'S SIGNATURE . .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
.
• •• FOR OFFICE USE ONLY .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
DA VIS, LAKETON TO SOUTHERN
STREET H-1563
REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
[ Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Comm unit)
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2002
165% MEDIAN HOUSEHOLD INCOME CHART 11
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, mo1tgage, 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,Ml49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
171e City resen 1es the right to ver{fy all application information, and to reject any applications that containfals(fied i1?formation or ins1-(fficienl
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
CLIFFORD ST. , LAKESHORE DR. TO MINER
DAVIS ST., LAKETON AVE. TO SOUTHERN A VE.
MANN ST., LAKESHORE DRIVE TO HARRISON AVE.
AND
MOON ST., LAKESHORE DRIVE TO HARRISON AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Alpha St. from Commerce St. to Jefferson St.
• All parcels abutting Clifford St. from LakeshoreDrive to Miner Avenue
• All parcels abutting Davis St. from Laketon Avenue to Southern Avenue
• All parcels abutting Mann St. from Lakeshore Drive to Harrison Avenue
• All parcels abutting Moon St. from Lakeshore Drive to Harrison Avenue
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 14,, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Gai I A. Kundinger, City Clerk
Publish: OCTOBER 4, 2003
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes 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 of TDD (231) 724-6773
CITY OF MUSKEGON
I.) Fr· r: i i1
\ V ~=·
~,...... '4,..,,,-1 '-- it.-
u·
Resolution No. 2003-20 (c) CITY OF MUSKEGON
MA!1 0 3 2003
Resolution At First Hear!ng Creating Special Assessment Di,st_li~C,ti•.•:,'/''7Jif!.!11'.l
For Davis, Laketon to Southern f-l1rji,jgllttH1lttj
Location and Description of Properties to be Assessed:
D£PJ.
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 25, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 25, 2003, there were 3 2 3 ~ objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Spataro and Gawron
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 18.69% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Nays None
CITY OF MUSKEGON
By L0_ 1
)
Gail A. K u n d i n g e ~
..
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 25, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By~~a~L~~~~-
Gail A. Kundinger, Clerk
EXHIBIT A
Davis, Laketon to Southern
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Davis St., from Laketon to Southern
(.I)
-u
rr,
0
)>
' e
MCGRMT ST V
~
)>
(.I)
::\)
I II 11 ~~
Pl--t
I j ~~
II
'
(.I)
fTl
(.I)
(.I)
r--
C) RUDD/MAN ST
11
s::: ~
fTl ::!
z- j ~ j/
lil I~I l!I
),,
iii
0
(.I)
-j
:::0
0
-j
BARCLAY ST
BARCV.Y ST
~~ s::
2"'
f
J;j
,;
~ £
...Cl I
8
:!]: ),,
),,
~
iii ),, :z:
iii iii ),,
iii
FRANKUN ST
FRANKUN ST
7
H-1563 HEARING DATE OCTOBER 14, 2003
DAVIS, LAKETON TO SOUTHERN
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-513-0001-00 1781.0 DAVIS ST MACHOWSKI SCOTT/ 1781 DAVIS ST MUSKEGON Ml 49441 $1,178.10 $0.00 $1,178.10
24-205-513-0002-00 1777.0 DAVIS ST M THREE LLC 3361 FULTON MUSKEGON Ml 49441 $1,178.10 $0.00 $1,178.10
24-205-513-0003-00 1771.0 DAVIS ST VANDERWALL JAME 1771 DAVIS ST MUSKEGON Ml 49441 $1,178.10 $0.00 $1,178.10
24-205-513-0004-00 1761.0 DAVIS ST MCREYNOLDS JANIC 1761 DAVIS ST MUSKEGON Ml 49441 $1,463.70 $0.00 $1,463.70
24-205-513-0005-00 1223.0 LARCH AVE HILL RICHARD M 1223 W LARCH A VE MUSKEGON Ml 49441 $892.50 $0.00 $892.50
1k"24-205-510-0001-00 1733.0 DAVIS ST PLOUHAR JUDITH A 1733 DAVIS ST MUSKEGON Ml 49441 $892.50 $0.00 $892.50
24-205-510-0002-00 1723.0 DAVIS ST POULIN MONTY L 1723 DAVIS MUSKEGON Ml 49441 $1,160.25 $0.00 $1,160.25
24-205-510-0003-00 1715.0 DAVIS ST MARTINEZ LOUIE 1715 DAVIS ST MUSKEGON Ml 49441 $874.65 $0.00 $874.65
24-205-510-0003-10 1707.0 DAVIS ST MAXWELL JOSEPH B 1707 DAVIS ST MUSKEGON Ml 49441 $892.50 $0.00 $892.50
24-205-510-0004-00 1703.0 DAVIS ST BRATSBURG GREGO 1703 DAVIS ST MUSKEGON Ml 49441 $892.50 $0.00 $892.50
24-205-510-0005-00 1213.0 DALE AVE FISH ANN F 1213WDALEAVE MUSKEGON Ml 49441 $1,178.10 $0.00 $1,178.10
24-205-500-0001-00 1212.0 DALE AVE PRUITT PAUL D 1212 W. DALE AVE. MUSKEGON Ml 49441 $1,392.30 $0.00 $1,392.30
24-205-500-0002-00 1659.0 DAVIS ST ROOD MARCELLA 3519 EVANSTON AVE MUSKEGON Ml 49442 $963.90 $0.00 $963.90
24-205-500-0003-00 1651.0 DAVIS ST GORKISCH JEFFREY 1651 DAVIS ST MUSKEGON Ml 49441 $1,178.10 $0.00 $1,178.10
24-205-500-0004-00 1641.0 DAVIS ST LLOYD H KEVIN/SUS 419 OAKNOLL MUSKEGON Ml 49445 $1,178.10 $0.00 $1,178.10
24-205-500-0005-00 1631.0 DAVIS ST BANKERS TRUST CO ONE E 4TH ST CINCINNATI OH 45202 $1,178.10 $0.00 $1,178.10
24-205-494-0001-00 1611.0 DAVIS ST KANTOLA KEVIN 1611 DAVIS ST MUSKEGON Ml 49441 $941.59 $0.00 $941.59
24-205-494-0002-00 1605.0 DAVIS ST SCHMIDT JEFFERY A 1605 DAVIS MUSKEGON Ml 49441 $941.59 $0.00 $941.59
10/6/2003
Page 1 of 3
H-1563 HEARING DATE OCTOBER 14, 2003
DAVIS, LAKETON TO SOUTHERN
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
.x14-205-494-0005-06 1597.0 DAVIS ST MCCORMACK DANIE 1597 DAVIS ST MUSKEGON Ml 49441 $892.50 $0.00 $892.50
24-205-494-0005-05 1589.0 DAVIS ST LONG ALLAN/BETTY 1589 DAVIS ST MUSKEGON Ml 49441 $1,445.85 $0.00 $1,445.85
24-205-494-0005-04 1565.0 DAVIS ST MERWIN DAVID B 1565 DAVIS ST MUSKEGON Ml 49441 $1,104.92 $0.00 $1,104.92
24-205-519-0011-00 1190.0 LAKETON AVE WALTERS JERRY 6182 BELL RD WHITEHALL Ml 49461 $1,088.85 $0.00 $1,088.85
24-205-519-0010-00 1766.0 DAVIS ST TORNGA PETER J/R 1766 DAVIS ST MUSKEGON Ml 49441 $1,088.85 $0.00 $1,088.85
-t24-205-514-0011-00 1188.0 LARCH AVE OCHS AGNES S/CIN 1188 W LARCH AVE MUSKEGON Ml 49441 $1,088.85 $0.00 $1,088.85
24-205-514-0010-00 1732.0 DAVIS ST CRANDLE DIANA L 1732 DAVIS ST MUSKEGON Ml 49441 $1,088.85 $0.00 $1,088.85
24-205-514-0009-00 1191.0 DALE AVE FARRELL SCOTT D 4464 MILLER NORTON SHO Ml 49441 $1,088.85 $0.00 $1,088.85
24-205-509-0010-00 1190.0 DALE AVE KOTECKI MATTHEW/ 1190 W DALE AVE MUSKEGON Ml 49441 $1,088.85 $0.00 $1,088.85
24-205-509-0009-00 1189.0 IRELAND AVE GOULET WILLIAM K 1189 IRELAND AVE MUSKEGON Ml 49441 $1,088.85 $0.00 $1,088.85
24-205-501-0010-00 1190.0 IRELANDAVE FOSSLER GINA J 1190 IRELAND AVE MUSKEGON Ml 49441 $1,155.79 $0.00 $1,155.79
10/6/2003
Page 2 of 3
H-1563 HEARING DATE OCTOBER 14, 2003
DAVIS, LAKETON TO SOUTHERN
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $31,775.69 $0.00 $31,775.69
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
~/ /2'p~3
~~
q,lfiJ~'.'.nfRNER, DIRECTO~OLJNTY EQUALIZATION
~
~
LARRY SPATARO/
_o~ µ-JO-~
~£ c.fl ~t!U..- /o - /o -".J"
~;E7-;;~N CITY COMMISSIONER DATE
10/6/2003
Page 3 of 3
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1563 Davis, Laketon to Southern
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 3rd OF OCTOB R 2003
~a_j__.a_
GAIL A. KUNDINGER, CIT
SUBSCRIBED AND SW{?f N TO BEFORE ME THIS
"31'~ DAYOF c..::\:ok\ltc ,2003.
rifl~l<~s[l:.
NOTAR~BLJC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES .,5- / '2;, ~ 0 S
(li~~
Oflf fl J3'.lffli3
F'41tl[~IOOG llOf,r.
Engineering Department
933 Ten-ace St.
Muskegon,MI49443-0536 RECEIVED
(231)727-6904
OCT 1~ 2003
James&Katrina VanderWall
1771 Davis Cl Clerks Office
Muskegon,MI49441
(231)755-3625
Parcel Number: 24-205-513-00003-00
Dear Whom it May Concern:
The approval of the project of DAVIS, LAKETON TO SOUTHERN that the Muskegon
City Commission has approved I would like to protest my assessment. Based on the up
coming 2003 federal tax statement our approximate income between the two of us is only
$19,028.00. Both my husband and I are students at Grand Valley State University. I also
work full-time as a teller at Muskegon Commerce Bank. Due to GVSU's intense Special
Education program Jim will be Student Assisting for two years. This only allows him to
work 3 nights at Fricano's. This income does not exceed by any means the 65% Median
Household Income of $31,850.00.
Again, thank-you for your time and consideration, and this is our written statement that
we do not agree with the special assessment and DO NOT have the money to pay for
such a decision.
,8}1_erely,
cfi{J;<t~l/lL o- \JCt,V\lt l r (;J tl~
~ ~tv---
.ninies and Katnna VanderWall
10/12/03
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: OCTOBER 14, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Mann St .. , Lakeshore Dr. to Harrison
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Mann St.., Lakeshore
Dr. to Harrison, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $13,178.64 would be spread against the six(6) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-82 ( d)
Resolution Confirming Special Assessment Roll
For Mann St .. , Lakeshore Dr. to Harrison
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 25, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Mann St .. , Lakeshore Dr. to Harrison
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Spataro, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Warmington
City of Mus gon
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 14, 2003.
EXHIBIT A
Mann St., Lakeshore Dr. to Harrison
Sl'ECIAL ASSESSMENT DISTRICT
All properties abutting that section of Mann St., Lakeshore Dr.
to Harrison
------------~· \
Mann St .. , Lakeshore Dr. to Harrison
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUS1'.>-C1'1>'-'
B;-, k
October 3rd, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at ADDRESS STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
MANN, LAKESHORE DR. TO HARRISON
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 14, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 14, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $73,000.00 of which
$13,178.67 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2196.38 based on 61.869999999999997 feet assessable front footage at $35.5 per
assessable foot for the street improvements. In addition, you will be assessed $0 for driveway approach
and/or sidewalk improvements made to your property for a total special assessment cost of $2196.38
Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $219.64 PER YEAR
Due Date: December 15th, 2003
NO
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
t'41
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1550
MANN, LAKESHORE DR. TO HARRISON
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _ -_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security# _ _-_ _ -_ _
Name Birthdate Social Security # _ _-_ _ -_ _
Name Birthdate Social Security# _ _-_ _ -_ _
Name Birthdate Social Security # _ _-_ _-___
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
\\'age earner:
Total: $
. PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) CutTent ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
.
OWNER'S SIGNATURE .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
MANN, LAKESHORE DR. TO HARRISON
STREET H-1550
REQUEST FOR WAIYER OF SPECIAL ASSESSMENT
[ Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your 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 chmi below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART 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 ptior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application i,~(brmation, and to reject any applications that contain falsified il?formation or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
CLIFFORD ST. , LAKESHORE DR. TO MINER
DAVIS ST., LAKETON A VE. TO SOUTHERN A VE.
MANN ST.. LAKESHORE DRIVE TO HARRISON A VE.
AND
MOON ST., LAKESHORE DRIVE TO HARRISON AVE.
The location of the special assessment districts and the properties proposed to be assessed are: ••
• All parcels abutting A lpha St. from Commerce St. to Jefferson St.
• All parcels abutting Clifford St. from LakeshoreDrive to Miner A venue
• All parcels abutting Davis St. from Laketon Avenue to Southern Avenue
• All parcels abutting Mann St. from Lakeshore Drive to Harrison A venue
• All parcels abutting Moon St. from Lakeshore Drive Lo Harrison Avenue
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 14,, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessmen t
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Gail A. Ku ndinger, City Clerk
Publish: OCTOBER 4, 2003
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (23 J) 724-6773
CITY OF MUSKEGON
Resolution No. 2003-28 ( e)
Resolution At First Hearing Creating Special Assessment District
For Mann St., from Lakeshor6 Dr. to Harrison
Location and Description of Properties to be Asse~ J.:'. CEI V ElJ
See Exhibit A attached to this resolution ~~TY OF MUSKEGON
MAR 2 8 200:J
RECITALS:
1. A hearing has been held on March 25, 2003 at 5:30 o'clock p.mfNWt'!~PING O[PJ.
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 25, 2003, there were o . o % 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 Gawron and Schwei fler
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 13.18% 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_Larsc,n, Schweifler, Shepheroi Spataro, Buie, Gaw...,_r....,o.....
n __
Nays None
Excusec: Warmington
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
EXHIBIT A
Mann St., Lakeshore Dr. to Harrison
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Mann St., Lakeshore Dr.
to Harrison
·- ----- --·------------- -·--·--- - _,. __ _
H 1550 HEARING DATE OCTOBER 14, 2003
MANN, LAKESHORE DR. TO HARRISON
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-635-0001-00 1983.0 LAKESHORE D WARMINGTON STEP 1983 LAKESHORE DR MUSKEGON Ml 49441 $2,196.38 $0.00 $2,196.38
24-205-635-0002-00 1991.0 LAKESHORE D JORE LLC 144 GRAND AVE NE GRAND RAPID Ml 49505 $2,653.62 $0.00 $2,653.62
24-205-635-0012-00 1962.0 HARRISON AV SPANILOA WILLIAM A 1962 HARRISON AVE MUSKEGON Ml 49441 $1,739.50 $0.00 $1,739.50
24-205-627-0005-00 1965.0 LAKESHORE D WILLIAM J GIBNER L 2125 W GLEN CT MUSKEGON Ml 49441-4 $2,196.38 $0.00 $2,196.38
24-205-627-0006-00 2074.0 MANN ST HALL CHARLES L 2074 MANN ST MUSKEGON Ml 49441 $2,196.38 $0.00 $2,196.38
24-205-627-0006-10 1944.0 HARRISON AV KITREL JEWEL 898 GREENE 407 RD LAFE AR 72436 $2,196.38 $0.00 $2,196.38
TOTALS $13,178.64 $0.00 $13,178.64
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
CLIFF TURNER, DIRE_CTO-R;COUNTY E Q U A L I Z ~ &
/0 · / • - O -:J
DATE
~1:f:J
10/6/2003
Page 1 of 1
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1550 Mann, Lakcshorc. to Harrison
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 ST ATES MAIL RECEPTACLE ON THE 3rd OF OCTOBER, 2003
~~Q~
GAIL A. KUND!NGER,CITCL
SUBSCRIBED AND SWORN TO BEFORE ME THIS
~f'b. DAYOF D~ ,2003.
~ G.o.,.... l(~.,,\c___
NOTARYUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES :S ~ \~ ~ D'S
., I- , :
I I\ L '\.,
&-
r..~,.....
I V'ti .1::.- I '
u
OCT OJ 2003
ENGINEERING OtP'T.
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: OCTOBER 14, 2003
RE: Public Hearing
Spreading of the Special Assessment Roll
Moon St .. , Lakeshore Dr. to Harrison
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Moon St .. , Lakeshore
Dr. to Harrison, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $10,978.02 would be spread against the five(S) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-82 ( e)
Resolution Confirming Special Assessment Roll
For Moon St .. , Lakeshore Dr. to Harrison
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 25, 2003, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair aud reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Moon St.., Lakeshore Dr. to Harrison
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: _ _W
_a_rm_i_n-=g'-t_o_n...:...,_Sc_h_,_.,e_1_·f_l_e_r_;_,_ c_a_r_te_r--'-,_G_a_w_r_o_n_,_L_a_rs_o_n_,_S_h_e--=-p_h_e_r_d_, _ _ _
Spataro
Nays: _ _N
_o_n_e_ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ __ _ __
City of Mus gon
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 14, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll refen-ed to in this resolution was
confirmed on this date, being October 14, 2003.
·kegon
lerk
EXHIBIT A
Moon St., Lakeshore Dr. to Harrison
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Moon St., Lakeshore Dr.
to Harrison
Moon St .. , Lakeshore Dr. to Harrison
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
October 3rd, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at ADDRESS STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
MOON, LAKESHORE DR. TO HARRISON
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 14, 2003 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 14, 2003 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $73,000.00 of which
$10,978.02 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2196.74 based on 61.880000000000003 feet assessable front footage at $35.5 per
assessable foot for the street improvements. In addition, you will be assessed $0 for driveway approach
and/or sidewalk improvements made to your property for a total special assessment cost of $2196.74
Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $219.67 PER YEAR
Due Date: December 15th, 2003
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~~tt',d,&:/
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
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.
JV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717,
CITY OF MUSKEGON
STREET H-1549
MOON, LAKESHORE DR. TO HARRISON
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: _____ List information for household members besides owner/spouse here.
Name. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
INCOME INFORMATION
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
. PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be CUJTent to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
FOR OFFICE USE ONLY
APPROVED ( DENIED ( ) DA TE _ _ __ CENSUS TRACT NO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
MOON, LAKESHORE DR. TO HARRISON
STREET H-1549
REQUEST FOR W AIYER 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 property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN HOUSEHOLD INCOME CHART 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 p1ior 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,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 rese11 1es the right to verijj1 all application information, and to reject any applications that containfals(fied information or insi([(icient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
DAVIS ST., LAKETON AVE. TO SOUTHERN AVE.
FRANKLIN ST., MICHIGAN AVE. TO WASHINGTON AVE.
MANN ST., LAKESHORE DRIVE TO HARRISON AVE.
MOON ST., LAKESHORE DRIVE TO HARRISON AVE.
AND
WASHINGTON AVE., FRANKLIN ST. TO LAKESHORE DRIVE
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abuttiug Alpha St. from Commerce St. to Jefferson St.
• All parcels abutting Davis St. from Laketon Avenue to Southern Avenue
• All parcels abutting Franklin St. from Michigan Ave. to Washington Ave.
• All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Washington Ave. from Franklin St. to Lakeshore Drive
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on September 23, 2003 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
exar.1ination by those persons to be assessed. The special assessment rolls are on file and may be examined
during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays,
except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 13, 2003
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impeired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 of TDD (23 l) 724-6773
Acct# 643-60447-5267
\\MUSKDAT A\DATA\ENGINEERING\COMMON\2003 PROJECTS MASTER FILE\Projects\Davis\Davis SA Chronicle Notice.doc
CITY OF MUSKEGON
ResolutionNo. 2003-28 (d)
Resolution At First Hearing Creating Special Assessment District
For Moon St., from Lakeshore Dr. to Harrison
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 25, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 25, 2003, there were 3 3 31¼'<> objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissionel)i;-'-'=-"-'-LLL----:----:c-----andMayor 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 10.98% 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.
Ay~ Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Buie
N ays_-'-'N-"o"'n'-"e'------------------------------
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ,ti,·'- uL~
Gail A. Kundinger, Clerk
EXHIBIT A
Moon St., Lakeshore Dr. to Harrison
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Moon St., Lakeshore Dr.
to Harrison
.. - - -- . - - ---· -·---- - ---------,,
H 1549 HEARING DATE OCTOBER 14, 2003
MOON, LAKESHORE DR. TO HARRISON
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-636-0001-00 2033.0 LAKESHORE D DEWALD LORRAINE 1580 NELSON ST MUSKEGON Ml 49441 $2,196.74 $0.00 $2,196.74
-~24-205-636-0013-00 2101.0 MOON ST KOWALSKI ROSEMA 2101 MOON ST MUSKEGON Ml 49441 $2,196.74 $0.00 $2,196.74
24-205-635-0007-00 2017.0 LAKESHORE D GHEZZI RICHARD P 1924 SPENCER DR MUSKEGON Ml 49441 $2,196.74 $0.00 $2,196.74
24-205-635-0002-00 1991.0 LAKESHORE D JORE LLC 144 GRAND AVE NE GRAND RAPID Ml 49505 $2,925.20 $0.00 $2,925.20
24-205-635-0008-00 1980.0 HARRISON AV ETTERMAN MARVA J 1980 HARRISON AVE MUSKEGON Ml 49441 $1,462.60 $0.00 $1,462.60
TOTALS $10,978.02 $0.00 $10,978.02
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
~ \J _ l 2 - :::=;:?
s::=
CITY COMMISSIONER
CITY COMMISSIONER
DATE (
LC[--z-c cD
DATE
10/6/2003
Page 1 of 1
AFFIDAVIT OF MAILING
STA TE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1549 Moon, Lakeshore. to Harrison
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 TIIE 3nl OF O C ~
~cJ., 0_ "
GAIL A. KUNDINGER,
S1}B;3CRIBED AND SWORN TO BEFORE ME THIS
-~~,,,____DAYOF c::ct._ ~• "-- ,2003.
NOTA5?u~u1l~~~,t,MICHIGAN
MY COMMISSION EXPIRES ~ r l 5- D'S
r!t<.;t1
CITY
v tu
OF MUSKi"(~ON
OCT OJ 2003
F.NGINEERING orPT.
CITY OF MUSKEGON
Support and Endorsement of the Citizens'
Determination reference Casino Gaming
Resolution # 2003-83 (a)
WHEREAS, the Archimedes Group-CBD, LLC/Group One Productions, Inc requested that the City
Commission hold a non-binding referendum requesting the Citizens of Muskegon to determine, "Should
casino gam ing be permitted in the City of Muskegon", and
WHEREAS, on September 9, 2003 the Citizens of the City of Muskegon passed this non-binding
referendum, and
WHEREAS, the Archimedes Group-CBD, LLC/Group One Productions, Inc/INGENUS
Management/Consulting has requested that the Mayor and City Commission take affirmative action on a
Resolution of Support and Endorsement of the Citizens' Determination, and
WHEREAS, the Mayor and City Commission have endorsed Downtown Redevelopment as a top priority
of the City through adoption of a Comprehensive Plan, Downtown Plan, Waterfront Plan and the City's
continuing emphasis and actions to revitalize the waterfront and the City, and
WHEREAS, the stated goal of the Archimedes Group-CBD, LLC/Group one/lNGENUS Initiative is to
develop a casino gaming facility in the central part of the City designed to create Jobs, Growth and
Opportunity by attracting private investment for the casino and other private development on adjacent
vacant and underutilized land, and
WHEREAS, the Mayor and City Commission find this Initiative in harmony with Goals, Objectives and
Plans already adopted by the City.
NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY RESOLVED:
1. The Mayor and City Commission support the Initiative of the Archimedes Group-
CBD,LLC/Group One Production's, Inc/INGENUS and the Citizens of Muskegon to develop a
casino gaming facility in the City of Muskegon which may include, but not be limited to, a Native
American Owned Casino.
2. The Mayor and City Commission specifically express this support to the Governor and Legislators
of Michigan, the U.S. Congress and other appropriate governmental agencies.
3. The Mayor and City Manager are hereby authorized to participate and negotiate on behalf of the
City of Muskegon to secure such assurances as are deemed necessary and appropriate to properly
integrate the Archimedes Group-CBD, LLC/Group One Productions, Inc/INGENUS Initiative into
plans of the City and secure such benefits as are reasonable within Federal Law and a Tribal
Compact with the Governor of Michigan.
Approved the 14th Day of October, 2003.
l
CERTIFICATION
2003-83(a)
This resolution was adopted at a regular meeting of the City Commission, held on
October 14, 2003. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Positively Muskegon
P.O. Box 1492
Muskegon, Michigan 49443
(231) 722-4132
October 14, 2003
To: Mayor Steve Warmingtom
City Manager Bryon Mazade
City Clerk Gail Kundinger
City Commissioners
From: David Willerup
1282 Palmer
Chair, Positively Muskegon
Re: Alternate to Archimedes Resolution of Support
Dear Sirs and Madams,
It is clear that the majority of the city commission wishes to support the Archimedes Group for
their election result since "they put their money where their mouth is." Please remember that
Positively Muskegon did the same, having spent nearly $40,000 in private donations on the
September campaign and winning a healthy 46% of the votes.
We ask that you table this resolution until the election result on Proposition Bis known. At that
point only would it be appropriate to adopt a resolution which specifically supports the
Archimedes Group's Initiaitive, and then only if Proposition B passes. Any other move
supporting the Archimedes Group would undercut the veracity of the November election.
In place of the Archimedes resolution, we ask the following attached resolution be put on the
agenda.
Rationale to be addressed by either myself or another representative of Positively Muskegon
when the resolution in question comes up on tonight's agenda.
Sincerely,
1::i~;.w,,~
1282 Palmer
Chair, Positively Muskegon
Positively Muskegon Board o f Directors
David Willerup, Charles Poole Sr., Robert Kcrsman, D onna Lachniet, Roger Spoelrnan, Roy Winegar, Charles Poole Jr.
Resolution# __ Acknowledging the Non-Binding Result re: Casino Gaming
City Commission, City of Muskegon
"Whereas Positively Muskegon engaged a vigorous campaign to educate the Citizens of
Muskegon about the negative economic and social impact of casino gambling in our city, and
"Whereas Positively Muskegon acknowledges that the result of the election on September 9,
2003 indicates that our city is passionately divided regarding the possibility of a downtown
gambling facility, and
"Whereas the election result did not concern any one specific plan, but merely the idea of casino
gambling within city limits, and
"Whereas the State Supreme Court, by agreeing to hear the TOMAC case, effectively puts all
forward progress in tribal casino development on hold, and
"NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY RESOLVED:
1. The Mayor and City Commission acknowledge that the Citizens of the City of Muskegon
voted to support the idea of casino gaming in the City of Muskegon on September 9, 2003 and
thank the Archimedes Group et al. for funding that question.
2. The Mayor, City Manager and City Commission specifically address the concerns of
those citizens who oppose casino gambling should the election result of November 4, 2003
indicate the strong local support needed to bring casino gambling into our city.
3. The Mayor, City Manager and City Commission wait until the State Supreme Court rules
on the TOMAC case to best know how to allocate time and money in pursuit of the will of the
people as expressed on November 4, 2003.
Approved the 14th day of October, 2003
Mayor Steve Warmington City Clerk Gail Kundinger
city seal
Date: October 14, 2003
To: Honorable Mayor and City Commissioners
From: Information Systems
RE: Verizon Telephone Services
SUMMARY OF REQUEST:
The contract for Verizon telephone services, formerly GTE, has expired and is up for renewal. The
contract was for $6,086.29 per month and expired in March of this year. Verizon offered to continue
services on a monthly basis at the same rate until a new contract price could be established.
The new one-year contract is for $6288.44 per month, an increase of $202.15 per month. The IT
department has also determined that by canceling unnecessary lines and services, a savings of $800
per month will be realized.
Because of changing technology and local developments in this industry, ii is not recommended that a
multi-year contract be considered at this lime.
FINANCIAL IMPACT:
Old rate: $6,086.29
Increase: 202.15
Savings from canceling unnecessary services: 800.00
New Monthly Rate $5,488.44
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: Approval of the proposed contract with Verizon.
APPLICATION FOR SERVICE
(State Tariff)
Customer Name: City of Muskegon I Main Billing Tel. No: See attached
Address: See attached
Customer applies for and agrees to purchase from the undersigned Verizon operating telephone company the services identified below
and as further described in Verizon's applicable tariffs (the "Services"), for a minimum period of Twelve ( 12) consecutive months
following execution of this Application and commencement of Services hereunder (the "Service Period"). The Services will be
provided subject to the terms and conditions of Verizon's applicable tariffs in effect during the Service Period (the "Tariffs"), which
are incorporated by this reference, and subject to the availability of suitable facilities.
If Customer terminates this Application or any Services prior to expiration of the Service Period, Customer will promptly pay to
Verizon any termination and cancellation charges specified in the Tariffs. The rates for the Services shall be as set forth in the Tariffs,
which rates are summarized below. Customer shall also pay all applicable charges, fees, taxes and tariff surcharges, including federal
End User Common Line Charges, charged pursuant to applicable law, regulations or Tariffs.
Monthly Non-recurring
Quantity Service Unit Rate Charges / Unit
118 BRI Lines at $7.68 each $ 906.24
I 18 ISDN Access at$ 10.55 each $ 1,244.90
118 MBKS Deluxe at $8.00 each $ 944.00
118 8-Voice, per line at $4.00 each $ 472.00
118 Port charge at $1.5 5 each $ 182.90
118 Intra/Inter State Access at $7 .67 each $ 905.06
-- ----
8 Lines with Foreign C.O. @ $6.50 a mile x 3 miles $ 156.00
Total $4,8 ll.1 0
The Services will be provided at the following Customer locations:
Multiple locations - - see attached for billing telephone numbers
The provision of any additional locations and/or quantities of Services will be subject to Verizon's applicable Tariffs. Additional
charges may also be required if suitable facilities arc not available to provide the Services at any locations.
Verizon may assign or transfer part or all of this Application to any of its affiliates. Upon reasonable prior written notice to Verizon
and consistent with applicable Tariff supersedure or other regulatory requirements, Customer may assign or transfer this Application
to any company that is the successor to substantially all of its assets. All other attempted assignments shall be void without the prior
written consent of the other party.
Upon signature below by both parties, this Application and the Tariffs constitute the entire agreement between Customer and Verizon
regarding the Services, and s upersede all prior oral or written quotations, communications, understandings or agreements. In the event
of a conflict between the Tariffs and this Application, the Tariffs shall control. Each party represents that its execution of this
Application is based solely on its independent assessment of the rights and obligations set forth herein and not on any other oral or
written quotations, communications, understandings or agreements.
Manager
~;•rzoNdJJ/~
Name/title ll-lA1'2L£.s ~
Date October 14, 2003 Date I oj ;J..fj 03
APPLICATION FOR SERVICE
(State Tariff)
Customer Name: City of Muskegon I Main Billing Tel. No: See attached
Address: See attached
Customer applies for and agrees to purchase from the undersigned Verizon operating telephone company the services identified below
and as further described in Verizon' s applicable tariffs (the "Services"), for a minimum period of Twelve ( 12) consecutive months
following execution of this Application and commencement of Services hereunder (the "Service Period''). The Services will be
provided subject to the terms and conditions ofVerizon's applicable tarilTs in effect during the Service Period (the "Tariffs"), which
are incorporated by this reference, and subject to the availability of suitable facilities.
If Customer terminates this Application or any Services prior to expiration of the Service Period, Customer will promptly pay to
Verizon any termination and cancellation charges specified in the Tariffs. The rates for the Services shall be as set f01th in the Tariffs,
which rates arc sunmrnrized below. Customer shall also pay all applicable charges, fees, taxes and tariff surcharges, including federal
End User Common Line Charges, charged pursuant to applicable law, regulations or Tariffs.
Monthly Non-recurring
Quantity Service Unit Rate Charges / Unit
71 Centranct Lines at $7 .68 each $ 545.28
71 Feature Series 500 at $1.10 each $ 78.10
71 Main Station Rate* at $1.00 each $ 71.00
71 Intra/Inter State Access at $9.76 each $ 692.96
..
6 Lines with Foreign C.O. @ $5.00 x 3 miles $ 90.00
*Termination Liability applies only to the Main Station Rate Total $ 1,477.34
The Services will be provided at the following Customer locations:
Multiple locations - - sec attached for billing telephone numbers
The provision of any additional locations and/or quantities of Services will be subject to Verizon's applicable TarilTs. Additional
charges may also be required if suitable facilities are not available to provide the Services at any locations.
Verizon may assign or transfer part or all of this Application to any of its affiliates. Upon reasonable prior written notice to Verizon
and consistent with applicable Tariff supersedure or other regulatory requirements, Customer may assign or transfer this Application
to any company that is the successor to substantially all of its assets. All other attempted assignments shall be void without the prior
written consent of the other party.
Upon signature below by both parties, this Application and the Tariffs constitute the entire agreement between Customer and Verizon
regarding the Services, and supersede all prior oral or written quotations, communications, understandings or agreements. In the event
of a conflict between the Tariffs and this Application, the Tariffs shall control. Each party represents that its execution of tl1is
Application is based solely on its independent assessment of the rights and obligations set forth herein and not on any other oral or
written quotations, communications, understandings or agreements.
Manager
~:ruzo(J/Lp/~
c.~,
Name/title AR.LE.5 ~' es. 'Z.. 1<,. fl tAm 1I
Date /U J~rl o,:,
• I
(Generic-State-$-050302) Page I of/ ESC #0//4
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-59
1650 Pine - Garage only.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1650 Pine- Garage only. 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: 03-59- 1650 Pine.
Location and ownership: This structure is located on Pine St. between E. Dale
and E. Forest and is owned by Jeffery Stowers of Spring Lake, Ml.
Staff Correspondence: This structure was written as dangerous/substandard
on 5/29/03. A notice and order to repair or remove was issued 6/12/03 and on
8/7/03 the HBA declared the structure.
Owner(s): This office, after a title search, is notifying the following:
1. Jeffery Stowers, 7070 Beachwood Lane, Spring Lake, Ml
Owner Contact: There has been no contact from the owner.
SEV: $17,200
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $1500
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1650Pine
(GARAGE)
5/29/03
Inspection noted:
I. Roof deteriorated. Repair or replace.
2. Walls rotted in areas.
3. Exterior must be painted.
4. Window boarded.
5. Footing/foundation inspection is required.
6. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\1650 Pine- G.doc
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-52
346 McLaughlin - Garage only.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 346 Mclaughlin - Garage only- Area 11. Is unsafe, substandard, a
public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 03-52- 346 McLaughlin, Area 11.
Location and ownership: This structure is located on Mclaughlin between
Spring and Ambrosia and is now owned by Merrill Lynch Mortgage Capital in
Hatboro, PA . It is in the McLaughlin Neighborhood.
Staff Correspondence: This structure was written as dangerous/substandard
on 5/29/03. A notice and order to repair or remove was issued 6/12/03 and on
8/7/03 the HBA declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. Merrill Lynch Mortgage, Hatboro, PA
2. Judy Smith/John Jordan, Muskegon, Ml
3. Muskegon County Treasurer, Muskegon Ml
Owner Contact: There has been no contact from the owner.
SEV: $13,900
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $2,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
346 McLaughlin - Garage
5/29/03
Inspection noted:
1. No footing or foundation evident.
2. Exterior wood is rotting away at bottom.
3. Exterior needs paint after missing boards/siding is replaced.
4. Roof deteriorated.
5. Window boarded.
6. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\346 McLaughlin-G.doc
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-53
354 McLaughlin.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 354 Mclaughlin - Area 11. Is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 03-53- 354 McLaughlin, Area 11.
Location and ownership: This structure is located on Mclaughlin between
Spring and Ambrosia and is now owned by the State of Michigan. It is in the
McLaughlin Neighborhood.
Staff Correspondence: This property was written as dangerous/substandard
on 5/29/03. A notice and order to repair or remove was issued 6/13/03 and on
8/7/03 the HBA declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. State of Ml, (Real Estate Div.) P.O. Box 30448, Lansing, Ml
Owner Contact: There has been no contact from the owner.
SEV: $12,300
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $10,000 plus the cost for interior repairs
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
354 McLaughlin
5/29/03
Inspection noted:
1. Exterior wood must e repaired or replaced and protected. Protection requires all
exterior to be painted.
2. Guardrails on steps are improper. Must be brought into compliance with building
code requirements.
3. Soffitt and fascia must be repaired.
4. Windows are boarded and must be replaced.
5. Roof deteriorated and must be repaired or replaced.
6. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
7. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\354 McLaughlin.doc
AGREEMENT
THIS AGREEMENT, made this June 8 2004 by and between:
Press's LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __
________ ); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 354 McLaughlin as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $3892.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY: '._¼ <il£zc...- ~~L(~{t'.,.,\ C)c(I ;_}(} r·
Printed n~me and title
ATTEST:
,0t_g,,,,u_
(SEAL)
CERTIFICATION (IF APPLICABLE)
I,_µ_<~/~·h~•~f\_~:--_y_·\~-"'...,·-P-C
____ , certify that I am the --ef"'~~l,~u~1J~/-·_ _ _ _ __
1.j fi
of the Corporation named as contractor herein;
That - ---cr-1. /4-1 h l •/
t
:=v~,, ,n---
)
, who signed this Agreem_ ent on behalf _of the
Contractor, was then I) lu,u: c · of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
~(c>-c · ' J i74' ~·f
(CORPORATE SEAL)
,J I ,
,/- //7//)
r·
t )cu;p /
-
W ,7
Printed Name ahd Titli
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-30
297 McLaughlin.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 297 Mclaughlin -Area 11. Is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 03-30- 297 McLaughlin, Area 11.
Location and ownership: This structure is located on McLaughlin between
Spring and Pine and is now owned by Jason Outley who lives in Muskegon
Heights. It is in the McLaughlin Neighborhood.
Staff Correspondence: This property was written as dangerous/substandard
on 6/3/03. A notice for an interior inspection was issued 6/4/03 and the owner
did not show for it. A notice and order to repair or remove was issued 7/7/03
and on 9/4/03 the HBA declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. Jason Outley, 2141 Jefferson, Muskegon Hts.
Owner Contact: There has been no contact from the owner.
SEV: $11,100
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $12,000 plus the cost for interior repairs
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
297 McLaughlin
6/3/03
Inspection noted:
I. Front porch and steps need to be replaced.
2. Flashing on roof with rafter investigation required.
3. Back porch must be repaired.
4. Windows are broken and must be replaced.
5. Roof covering is deteriorated and must be repaired or replaced.
6. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
7. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\297 McLaughlin.doc
3
10 ci u
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 by and between:
Press's LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __
________ ); hereinafter called the "Contractor," and the City of
Muskegon. Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City. for the consideration stated
herein. mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision.
technical personnel, labor. materials, machinery, tools, equipment. and services.
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 297 McLaughlin as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract. including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $3305
• ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part. the Contractor shall contact the City
immediately in writing for a determination, interpretation. and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF. the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:
ATTEST
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, To-121 m 'I lJ Cl 9v' \ , certify that I am the ----=5'-f,..''""(_
_'. _,____
of the Corporation named as contractor herein;
That.141 Q () J O 8(2 ·,r · , who signed this Agreement on behalf of the
Contractor, was then ff<? 5 of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
(CORPORATE SEAL)
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-73
866 E. Fore st.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 866 E. Forest. 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: 03-73- 866 E. Forest.
Location and ownership: This structure is located on E. Forest between
Kingsley and Madison and is owned by Homecomings Financial in Houston, TX.
It is in the Oakview Neighborhood.
Staff Correspondence: This property was written as dangerous/substandard
on 7/9/03 when the MPD contacted the Director of Inspections about the
conditions of this house. The city had the structure boarded on 7/11 /03. A notice
and order to repair or remove was issued 7/17/03 and on 9/4/03 the HBA
declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. Homecomings Financial Network, Houston, TX
Owner Contact: There has been no contact from the owner.
SEV: $21,600
Financial Impact: None
Budget Action Required: Demo would be paid from General Funds.
Estimated Cost of Repairs: $10,000 plus the cost of interior repairs
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
866 E. Forest
719/03
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. Trash and debris in yard.
3. Building is unsecured.
4. Open electrical splices.
5. Front porch guardrail is incomplete.
6. Rear porch guardrail is incomplete.
7. Rear porch steps must be replaced.
8. Garage is totally destroyed.
9. Interior of structure is filthy and unsanitary.
10. Rear slider is missing steps.
11. Abandoned vehicle in yard.
12. No work may commence without obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
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.
Donald LaBrenz, Building Official DATE
C:\WINDOWS\TEMP\866 E. Forest.doc
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-42
460 Houston - Garage only.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 460 Houston - Garage only- 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: 03-42- 460 Houston, Area 10.
Location and ownership: This structure is located on Houston between Sixth &
Seventh and is owned by James Foster, 1938 Maryland, Muskegon, Ml.
Staff Correspondence: This structure was written as dangerous/substandard
on 6/4/03. A notice and order to repair or remove was issued 6/5/03 and on
8/7/03 the HBA declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. James Foster, 1938 Maryland, Muskegon, 49441
2. Aames Capital Corp, REO Division Los Angeles, CA
3. Huntington Bank, Columbus, OH
Owner Contact: Mr. Foster was present for the meeting and stated he
intended to repair the garage. The board explained that he would still have 30
days until the case went to commission and 21 days after that to repair the
structure. There has been no contact since 8/7/03 and no permit has been
applied for.
SEV: $18,300
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $20,000
Cl_~ COMM,ISSION RECOMMENDATION: The Commission will consider
lhts ,tern at tis meeting on Tuesday, October 14, 2003
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
460 Houston
6/4/03
Inspection noted:
I. Roof tarped.
2. West side is improperly constructed.
3. Broken windows must be repaired or replaced.
4. 2nd story is improperly constructed.
5. Doors are open - building must be secured.
6. No foundation.
7. Remove unsafe floor and foundation.
8. Fence is required to be straightened and protected.
9. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\ WINDOWS\TEMP\460 Houston.doc
DATE: October 2, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-63
1969 Wood - Garage only.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1969 Wood- Garage only. 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: 03-63 - 1969 Wood.
Location and ownership: This structure is located on Wood between Holbrook
and Keating and is owned by Annie Rudd, same address.
Staff Correspondence: This structure was written as dangerous/substandard
on 5/29/03. A notice and order to repair or remove was issued 6/12/03 and on
9/4/03 the HBA declared the structure.
Owner(s): This office, after a title search is notifying the following:
1. Annie Rudd, 1969 Wood St. Muskegon, Ml
Owner Contact: There has been no contact from the owner.
SEV: $19,000
Financial Impact: General Funds
Budget Action Required: None
Estimated Cost of Repairs: $2000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, October 14, 2003
AGREEMENT
THIS AGREEMENT, made this June 8, 2004 by and between:
Press"s LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __
- - - - - - - ~ ; hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1969 Wood-Garage as well as
required supplemental work for the completion of this project, all in strict
accordance with the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $914.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY: ·-~~(~:~~ a~fi~tiJe\ Cku1,){1
ATTEST:
.
City Clerk (
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, I) lcr 11 ,'Y?2;i·--- 'certify that I am the --'J2:...L..r-"'e.,_a/Ll..,.._ _ _ __
of the Corporation named as contractor herein;
That ·--r'a.M,,..._f. :S~•.c)i't , who signed this AgreemerJt on behalf of the
Contractor, was then_-'-C""i<ee,u""'.l.)'-"v-"'it'------ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
r I
(CORPORATE SEAL) .111·,J n '~
{': 'y, c,e'f {1'
:Cilld,'
Printed Name ~nd Title
DATE: October 6, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 00-56 Address: 1087
W. Grand
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1087 W. Grand 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: #00-56-1087 W. Grand, Muskegon, Ml
Location and ownership: This structure is located on W. Grand between
Barclay and Franklin. It is owned by Brenda and Larry Davis.
Staff Correspondence: A dangerous building inspection was conducted on
7/20/00 because of a fire. In October 2000 the HBA tabled the case for 60 days
and the case was again tabled in January 2001. The owners have had problems
with their contractors and have filed a formal complaint to the state. There have
been numerous progress inspections and all permits have been pulled. The
case was again brought before the HBA in February 2003 and tabled 4 months
before forwarding to commission. On 7/8/03 the City Commission tabled the
case for 90 days with monthly progress inspections scheduled. An inspection
was conducted on October 6, 2003. The inspectors were instructed to look at
this as a final inspection with an eye toward granting a temporary Certificate of
Occupancy. Due to the number of outstanding issues, including the new furnace
needing repair, no water heater installed, improper wiring for several areas, no
stairs to the second floor, improper and incomplete siding, as well as several
other issues, the inspectors were unable to grant a temporary Certificate of
Occupancy.
Owner Contact: Don LaBrenz and Bob Grabinski met with the Davis's and
attempted to explain the items noted. I informed them that as a last attempt to
grant, at a minimum, temporary Certificate of Occupancy, Don LaBrenz, Rick
Clark and myself will conduct an additional inspection on October 14, 2003 at
2:30 P.M. They were further informed this office would continue with the City
Commission notice for the October 14, 2003 meeting. Attached to this summary
is a copy of the inspection report from October 6, 2003.
Financial Impact: General Funds
Budget action required: None
C:\WINDOWS\TEMPIAGENDA-1087 W. Grand.doc page I of2
State Equalized value: $26,600
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, October 14, 2003.
C:\WINDOWS\TEMP\AGENDA -l087 W. Grand.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1087 W. Grand
10/6/03
1. Furnace needs outside air for combustion.
2. Heat exchanger cover cracked, spilling condensate inside of furnace cabinet.
3. Return air penetrations not sealed.
4. Water piping needs support.
5. Sump pump needs cover.
6. Furnace not properly wired (see electrical report for photos).
7. Foundation drain discharge crock unable to adequately drain, bubbling up from
ground and flowing onto sidewalk.
8. Water heater disconnected.
9. Ground steel boxes.
10. Water heater not wired.
11. Smoke alarms not complete.
12. Outside outlet and kitchen counter plugs not GFI protected.
13. Exterior lights not wired correctly.
14. Make up grounds @ light fixtures with proper termination.
15. Smoke alarms do not appear to match.
16. No peninsula plug.
17. No appliances set.
18. Plugs not secured tight and flush w/ wall.
19. West bedroom outlets not grounded.
20. Master bath jacuzzi tub not complete and GFI protected.
21. Open wire behind kitchen cabinets.
22. Miscellaneous covers missing.
23. No city water bond.
24. Wires not protected by correct sized breakers.
25.
26.
Furnace not wired properly. *"
Both sets of stairs are not to code, run, rise, slope - also no handrail & guardrail.
27. Slider stairs - incomplete. Need to build to code with landing.
28. Siding - soffit is incomplete.
29. Support cracked wall with engineered design.
30. Basement stair wall is incomplete; plumb header.
31. Basement egress is incomplete.
32. Finish basement draft stopping.
33. Draft stops basement floor holes.
34. Nail sill straps.
35. Finish final grade around home.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\WINDOWS\TEMP\1087 W.Grand 10-6-03.doc
Sign up for City of Muskegon Emails