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CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 25, 2003 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA ROLL CALL: CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Request to Fly the Irish Flag. CITY CLERK c. Budgeted Vehicle Replacement - 580M Backhoe. PUBLIC WORKS d. Budgeted Vehicle Replacement-Ford F-250 Trucks. PUBLIC WORKS e. Storm Water Phase II Permit Application. PUBLIC WORKS f. Traffic Department Materials and Services 2003. PUBLIC WORKS g. Softball World Agreement. LEISURE SERVICES h. Port-o-Jon Bids. LEISURE SERVICES i. Seyferth In-Line Rink Surfacing. LEISURE SERVICES j. Smartzone Agreement Between the City and Community Foundation. PLANNING & ECONOMIC DEVELOPMENT k. City's Application for Seawall Permit - Smartzone. PLANNING & ECONOMIC DEVELOPMENT I. Former Mall Parking Lot Environmental Assessment. CITY MANAGER m. Appointment to the Muskegon Housing Commission. CITY MANAGER PUBLIC HEARINGS: a. Request to Issue an Obsolete Property Certificate - Neighborhood Investment Corporation. PLANNING & ECONOMIC DEVELOPMENT b. Create a Special Assessment District for Terrace, Iona to Peck. ENGINEERING c. Create a Special Assessment District for Davis. Laketon to Southern. ENGINEERING d. NEW BUSINESS: a. Sale of Capital Improvement (Sidewalk) Bonds. FINANCE b. Liability/Property Insurance Renewal. FINANCE c. Letters of Appeal. BOARD OF REVIEW d. Clerical Union Tentative Agreements (TA'sl. ASSISTANT CITY MANAGER e. FIRST READING: General Employees' Retirement System Ordinance Amendment. ASSISTANT CITY MANAGER f. Request Permission to Award Bid for Organizational Assessment to Ludwig Group LLC. FIRE DEPARTMENT g. Concurrence with the Housing Board of Appeals Notice & Order to Demolish: 1. 1968 Leahy (Garage only) 2. 465 Adams (Garage only) 3. 521 Mulder (Garage only) 4. 1129 Sanford 5. 1166 W. Grand o?oo:i- I<?' ct,) Date: February 25, 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 Commission Worksession that was held on Monday, February 10, 2003; and the Regular Commission Meeting that was held on Tuesday, February 11, 2003. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. MINUTES City Commission Worksession February 10, 2003 5:30PM City Hall Commission Chambers Mayor Warmington called the meeting to order at 5:34 p.m. Also present were Vice Mayor Buie, Gawron, Larson, Schweifler, Shepherd, and Spataro. 1. Budget Update Finance Director Tim Paul explained the item and answered questions. 2. Grant Application Kris Collee from Volunteer Muskegon and Melissa Jacobsen gave a presentation reference McCrea Park playground, benches, and water fountain. Match would be $1 - $1 or $.20 - $1. 3. "Imagine Muskegon" This was discussed at the Community Relations Committee Meeting. 4. Any other business Various items were discussed. 5. Adjournment: Meeting adjourned at 7:34 p.m. Respectfully submitted, Gail A. Kundinger, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 25, 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, February 25, 2003. Mayor Warmington opened the meeting with a prayer from Pastor Julie Winklepleck of Immanuel Lutheran Church, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger. 2009-18 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, February 10, 2003; and the Regular Commission Meeting that was held on Tuesday, February 11, 2003. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. b. Request to Fly the Irish Flag. CITY CLERK SUMMARY OF REQUEST: The Muskegon Irish American Society requests permission to fly the Irish Flag outside City Hall on Monday, March 17, 2003, to celebrate St. Patrick's Day. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval c. Budgeted Vehicle Replacement - 580M Backhoe. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from Wolverine Tractor. FINANCIAL IMPACT: Cost $57,000 less $19,000 trade for a total cost of $38,000. BUDGET ACTION REQUIRED: None. There is $70,000.00 budgeted for this purchase. STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe from Wolverine Tractor. e. Storm Water Phase II Permit Application. PUBLIC WORKS SUMMARY OF REQUEST: The City of Muskegon will be submitting an application for a Phase II Storm Water permit on March 13, 2003 as required. This application includes a watershed description, map of storm sewer outfalls, Public Education Plan (PEP) and Illicit Discharge Elimination Plan (IDEP). The City will be participating in the Muskegon Area Storm Water Committee-sponsored PEP but will be conducting the IDEP independently. The City has already achieved most of the goals of the IDEP through the current illicit Connections Identification Grant project. FINANCIAL IMPACT: Expenditures for the Public Education Plan will be $2,051 in 2003 and $3,940 in 2004 Current Illicit Connections grant will offset 70% of IDEP expenditures in 2003. BUDGETED ACTION REQUIRED: None. Expenses are budgeted under the Storm Water Budget. STAFF RECOMMENDATION: To approve the submittal of the Phase II Storm Water Permit Application. f. Traffic Department Materials and Services 2003. PUBLIC WORKS SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission for the joint purchase of various Traffic Department materials and services. We have bid out these items with MCRC for the past thirteen years. By bidding together with MCRC and other municipalities we are able to get better unit prices because of larger quantity purchases. FINANCIAL IMPACT: Sign materials and services to be jointly bid: Sign Blanks ............................................. $1,500.00 approx. Ready-made Signs .................................... $1,400.00 approx. Sign Posts ...................•.......................... $4,500.00 approx. Sign Sheeting .......................................... $1,800.00 approx. Centerline Painting ................................... $12,500.00 approx. Total $21,700.00 ($21,100.00 in 2001) BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate Highway budgets. STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon County Road Commission for sign materials and services. g. Softball World Agreement. LEISURE SERVICES SUMMARY OF REQUEST: To approve an agreement with Muskegon Charter Township for the use of Softball World for all City of Muskegon, Dept. of Leisure Services Softball Games. FINANCIAL IMPACT: $8,500 per year for three years. Total impact, $25,500. BUDGET ACTION REQUIRED: None, included in 2003 budget. STAFF RECOMMENDATION: Approve. h. Port-o-Jon Bids. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract to Fresh Start for the 2003 Port-o-Jons for various City Parks. FINANCIAL IMPACT: Approximately $12,000 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve. i. Seyferth In-Line Rink Surfacing. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract to Sports Court to provide surfacing for the in-line skating rink at Seyferth Park. FINANCIAL IMPACT: $24,120 BUDGET ACTION REQUIRED: None, the funding is through the Community Foundation for Muskegon County, the Thomas and Geraldine Seyferth Fund. STAFF RECOMMENDATION: Approve. j. Smartzone Agreement Between the City and Community Foundation. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The Community Foundation for Muskegon County has agreed to assist the City of Muskegon with the Smartzone project in the event funds are insufficient to finance the Local Development Finance Authority bond repayments for the Smartzone building. The "Agreement" is attached. In the Agreement, the Community Foundation agrees to share in the debt obligation for bonds, in the event tax increment revenues are insufficient to cover the bond payment. The amount of their contribution will not exceed $75,000 annually. The terms of the Agreement shall not commence until June 1, 2006 and such obligation will terminate December 31, 2016. FINANCIAL IMPACT: May positively effect the City if tax increment revenues are insufficient to make bond repayments in any given year. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the Agreement between the Community Foundation for Muskegon County and the City of Muskegon and authorize the Mayor to sign. k. City's Application for Seawall Permit - Smartzone. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The City of Muskegon has obtained a grant, the Core Communities Fund, from the Michigan Economic Development Corporation, to construct a seawall and boardwalk on the Smartzone/Edison Landing site. Although the owner of the property, Lakefront LLC will be providing project oversight, they have requested that the City apply for the actual permit (since the City grant funding is financing the project). In addition, the City has been provided with a letter from Lakefront LLC agreeing to various conditions in regards to the City being held harmless and outlining procedures for payment. FINANCIAL IMPACT: None · BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the staff recommendation to apply for a seawall permit for the Smartzone/Edison Landing site and to authorize the City manager to sign the permit application. I. Former Mall Parking Lot Environmental Assessment. CITY MANAGER SUMMARY OF REQUEST: To approve the hiring of ERM to do the Phase II environmental assessment for the former Muskegon Mall parking lots. FINANCIAL IMPACT: $18,5000 BUDGET ACTION REQUIRED: A budget amendment will be required. STAFF RECOMMENDATION: To approve the agreement with ERM. COMMITTEE RECOMMENDATION: None m. Appointment to the Muskegon Housing Commission. CITY MANAGER SUMMARY OF REQUEST: To reappoint Maxine Lenear to the Muskegon Housing Commission. The term will expire January 31, 2008. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the appointment. Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the Consent Agenda minus Item d. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSED 2003-19 ITEMS REMOVED FROM CONSENT AGENDA: d. Budgeted Vehicle Replacement-Ford F-250 Trucks. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase four Ford F-250 Trucks from Tony Betten & Sons Ford. FINANCIAL IMPACT: Total cost $68,893.92 BUDGET ACTION REQUIRED: None. There is $80,000.00 budgeted for this purchase. STAFF RECOMMENDATION: Approve the purchase of four Ford F-250 Trucks from Tony Betten & Sons Ford. Motion by Commissioner Larson, second by Commissioner Spataro to approve the purchase of four Ford F-250 Trucks from Tony Betten & Sons Ford. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSED 2003-20 PUBLIC HEARINGS: a. Request to Issue an Obsolete Property Certificate - Neighborhood Investment Corporation. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Neighborhood Investment Corporation, Terrace Plaza Suite 625, 316 Morris Street, Muskegon Michigan has requested the issuance of an Obsolete Property Certificate for the property located at 1115-1119 Third St. (former Walt Plant Appliances), Muskegon, Ml. The Obsolete Property District was established October 9, 2002. Total capital investment for this project is $450,000. The project will result in the creation of 15 construction jobs, but more importantly, the rehabilitation and revitalization of a historic building. The plans for the building also include five, 1-2 bedroom apartments on the second floor, in addition to the office space on the first floor. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property Certificate for 1115-1119 Third Street, Muskegon, Ml for a term of 6 years. The Public Hearing opened at 5:47pm to hear any comments for the public. Comments were heard from Jane Clingman-Scott, Executive Director of Neighborhood Investment Corporation and Harold Anderson, Jefferson Towers, Muskegon. Motion by Commissioner Shepherd, second by Commissioner Gawron to close the Public Hearing at 5:56pm and to approve the resolution issuing an Obsolete Property Certificate for 1115 - 1119 Third St., Muskegon, Ml for a term of 6 years. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED b. Create a Special Assessment District for Terrace, Iona to Peck. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for the Terrace St. Iona to Peck project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To establish the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 5:59pm to hear any comments for the public. Comments in opposition was heard from Irma Buckner of 1140 Terrace St. Motion by Commissioner Larson, second by Commissioner Spataro to close the public hearing at 6:03pm and to create the special assessment district for Terrace, Iona to Peck and appoint two City Commissioners to the Board of Assessors. They are Commissioner Shepherd and Mayor Warmington. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED c. Create a Special Assessment District for Davis, Laketon to Southern. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for the Davis, Laketon to Southern project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 6:04PM to hear any comments for the public. Comments in opposition was heard from Paul Pruitt of 1212 W. Dale and Gina Fassler of 1190 Ireland. Motion by Commissioner Spataro, second by Vice Mayor Buie to close the public hearing at 6:10pm and to create the special assessment district Davis, Laketon to Southern and appoint two City Commissioners to the Board of Assessors. They are Commissioner Spataro and Commissioner Gawron. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED 2003-21 NEW BUSINESS: a. Sale of Capital Improvement (Sidewalk) Bonds. FINANCE SUMMARY OF REQUEST: Bids will be opened at 2:00pm on Tuesday, February 25, 2003 for sale of $1,575,000 capital improvement bonds as previously approved by the City Commission. Proceeds of the bond sale will be used to finance the final three years of the City's sidewalk program and will be repaid through special assessments on benefiting properties. The City Commission is asked to adopt the attached awarding resolution assuming acceptable bids are received. FINANCIAL IMPACT: Interest costs will be known at the time bids are opened and the Commission will be provided with a summary. BUDGET ACTION REQUIRED: Debt service costs will be included in the City's budget for the life of the bonds. STAFF RECOMMENDATION: Approval of the attached awarding resolution (assuming acceptable bids are received). COMMITTEE RECOMMENDATION: None Motion by Commissioner Spataro, second by Commissioner Larson to approve the sale of Capital Improvement (Sidewalk) Bonds and to adopt the awarding resolution to Robert W. Baird & Company. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSED b. Liability/Property Insurance Renewal. FINANCE SUMMARY OF REQUEST: To renew the City's liability and property insurance coverage with the Michigan Municipal Risk Management Association (MMRMA), an intergovernmental self-insurance pool representing more than 300 Michigan municipalities. Since 1986 the City has had liability coverage through the MMRMA; in 1999 property coverage was added. The City is coming off a three-year fixed rate contract with MMRMA during which time the insurance industry was rocked by both the stock market collapse and the 9 / 11 terrorist attack. Therefore, a significant renewal rate increase was not unexpected. FINANCIAL IMPACT: Total contribution of $856,599 comprised of two components: $594,515 fixed insurance costs and $262,084 contribution to the City's self-insured retention fund. The fixed insurance costs represent a 29% increase over 2002 costs. BUDGET ACTION REQUIRED: None. The City's 2003 budget anticipated a 24% premium increase. Since the quoted renewal (29% increase) is for a twelve month period ended March 1, 2004, only ten months of the higher premium will impact FY 2003 so the current budget is adequate. STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with MMRMA. Staff believes that intergovernmental procurement of insurance coverage is most cost-effective approach. Moreover, the MMRMA program has the broadest coverage available to Michigan municipalities and the City's past experience with the program has been very positive. COMMITTEE RECOMMENDATION: None. Motion by Commissioner Larson, second by Commissioner Gawron to renew coverage for Liability/Property Insurance with Michigan Municipal Risk Management Association. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays: None MOTION PASSED c. Letters of Appeal. BOARD OF REVIEW SUMMARY OF REQUEST: To obtain approval of the City Commission to allow letters of appeal from residents for the Board of Review to act upon. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve the resolution. COMMITTEE RECOMMENDATION: Approve the resolution. Motion by Commissioner Schweifler, second by Vice Mayor Buie to allow letters of appeal from residents for the Board of Review to act upon. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSED d. Clerical Union Tentative Agreements (TA's). ASSISTANT CITY MANAGER SUMMARY OF REQUEST: Staff recommends approval of the set of tentative agreements reached with and ratified by the Clerical union on Monday, February 17, 2003. FINANCIAL IMPACT: The overall financial packet is around 10% of payroll. The packet includes two significant economic issues: Wages: Contract Yrs. 2003 2004 2005 3.00% 3.00% 2.50% Multiplier: Increased from 1. 9% to 2.25%, effective at the end of the contract December 31, 2005. BUDGET ACTION: None STAFF RECOMMENDATION: Staff recommends approval. Motion by Commissioner Shepherd, second by Commissioner Larson, to approve the set of tentative agreements reached with and ratified by the Clerical Union on Monday, February 17, 2003. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSED e. FIRST READING: General Employees' Retirement System Ordinance Amendment. ASSISTANT CITY MANAGER SUMMARY OF REQUEST: To adopt the ordinance change which will increase the multiplier for the Clerical Union. FINANCIAL IMPACT: BUDGET ACTION REQUIRED: STAFF RECOMMENDATION: Approval. Motion by Commissioner Spataro, second by Commissioner Gawron to approve the adoption for the Ordinance change which will increase the multiplier for the Clerical Union. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED f. Request Permission to Award Bid for Organizational Assessment to Ludwig Group LLC. FIRE DEPARTMENT SUMMARY OF REQUEST: Requesting City Commission permission to award bid for organizational assessment of the Muskegon Fire Department to Ludwig Group LLC. FINANCIAL IMPACT: $22,500 BUDGET ACTION REQUIRED: STAFF RECOMMENDATION: Staff recommends approval of bid for organizational assessment of the Muskegon Fire Department to Ludwig Group LLC. Motion by Commissioner Larson, second by Commissioner Schweifler to award bid for organizational assessment of the Muskegon Fire Department to Ludwig Group LLC. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED g. Concurrence with the Housing Board of Appeals Notice ft Order to Demolish: SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structures located at 1968 Leahy (Garage only), 465 Adams (Garage only), 521 Mulder (Garage only), 1129 Sanford, and 1166 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. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish and authorize the Mayor and City Clerk to execute a contract for demolition with the lowest responsible bidder. 1. 1968 Leahy (Garage only) CASE# & PROJECT ADDRESS: 02-068 - 1968 Leahy (Garage) LOCATION AND OWNERSHIP: This structure is located on Leahy between Holbrook and Keating. It is owned by Idell Sheard. STAFF CORRESPONDENCE: This structure was written as a dangerous building when it was reported open 9/11/02. A notice and order to repair or remove was issued 9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr. Sheard was at that meeting and stated he would demolish the garage. As of this date no demolition permit has been pulled. OWNER CONTACT: None FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEV: $24,400 ESTIMATED COST OF REPAIRS: $1,500 2. 465 Adams (Garage only) CASE# & PROJECT ADDRESS: #20-055 - 465 Adams (Garage) LOCATION AND OWNERSHIP: This structure is located on Adams between Marshall and Wood Street. It is owned by Timothy Hatcher. STAFF CORRESPONDENCE: This structure was written as a dangerous building when it was reported open 9/11 /02. A Notice and Order to repair or remove, was issued 9/26/02. On 11/7/02 the HBA declared the garage dangerous and substandard. There has been no contact from the current owner. OWNER CONTACT: None FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEY: $1,500 ESTIMATED COST OF REPAIRS: $3,000 3. 521 Mulder (Garage only) CASE# & PROJECT ADDRESS: 02-071 - 521 Mulder (Garage) LOCATION AND OWNERSHIP: This structure is located on Mulder between Ellifson and Jackson. It is owned by Robert and Diane Dempsey. STAFF CORRESPONDENCE: This structure was written as a dangerous building when it was reported open 9/11 /02. A Notice and Order to repair or remove was issued 9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr. Dempsey was at that meeting and stated he would like to reroof the garage, but he does not have the finances to do so. The garage has been in a collapsed state since 2001. He was told the garage would also need a foundation inspection if he intends to repair it and he would need to contact the building inspector. The garage was declared dangerous and substandard, but Mr. Dempsey was told if he wanted to save the garage he would need to move forward with repairs within 30 days. There has been no further contact from the owner since that meeting. OWNER CONTACT: None FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEY $12,700 ESTIMATED COST OF REPAIRS: $3,000 4. 1129 Sanford CASE # & PROJECT ADDRESS: 02-050 - 1129 Sanford LOCATION AND OWNERSHIP: This structure is located on Sanford between Houston and Monroe. It is owned by Robert Alberts. STAFF CORRESPONDENCE: This structure was written as a dangerous building when it was reported open 9/4/02. An inspection report was written at that time. Upon issuing a Notice and Order to repair or remove, the owner advised that the home was sold on a land contract to someone else. Permits were issued in February 2002, but the work was not finished. There has been no contact from the current owner. On December 5, 2002 the HBA declared the building dangerous and substandard. OWNER CONTACT: None FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEV: $14,100 ESTIMATED COST OF REPAIRS: $12,000 5. 1166 W. Grand CASE# & PROJECT ADDRESS #01-051 - 1166 W. Grand LOCATION AND OWNERSHIP: This structure is located on W. grand west of Barclay at the end of the cul-de-sac. It was owned by Kenneth & Maryjane Sanford and they sold it on a land contract to James & Tamara Ward. An inspection was conducted on 11 /15/01 due to complaints regarding the exterior condition of the home. A Notice and Order to repair or remove was issued 2/26/02. The case was heard before the HBA on May 2, 2002 and it was tabled for 180 days. At that time it was ordered that the repairs to the front of the house be completed within 30 days and the exterior repairs be completed within 90 days. It was stated if the conditions were met, the case would not be brought back to the HBA. The exterior repairs were not completed and the case was heard again before the HBA on 12/5/02. The Wards were not present, but they called the office on 11127 /02 and stated they had been working inside and spent a large amount of money on the electrical work and that the front of the house would be completed within 60 days. There has been no contact with the owners since that date. The HBA declared it dangerous and substandard on 12/5/02 STAFF CORRESPONDENCE: This property was fire damaged and had an inspection 4/1 /02. It had been rented out previous with no Certificate of Compliance. An interior inspection was conducted on 4/15/02 with the property manager. The HBA ordered the structure demolished 7 / 11 /02. The Notice and Order to repair or remove was issued 8/7 /02. OWNER CONTACT: The owners were present at the 5/2/02 HBA meeting and stated they wanted to repair the house. They have called for some inspectiopns, but there has been no contact since 11 /27 /02 FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEV: $26,500 ESTIMATED COST OF REPAIRS: $10,000 Motion by Commissioner Schweifler, second by Commissioner Shepherd to concur with the Housing Board of Appeals decision to demolish 1968 Leahy (Garage only), 465 Adams (Garage only), 521 Mulder (Garage only), 1129 Sanford, 1166 W. Grand and authorize the Mayor and City Clerk to execute a contract for demolition with the lowest responsible bidder. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED The Regular Commission Meeting for the City of Muskegon was adjourned at 6:40PM. Respectfully submitted, Gail Kundinger, MMC Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Request to Fly the Irish Flag SUMMARY OF REQUEST: The Muskegon Irish American Society requests permission to fly the Irish Flag outside City Hall on Monday, March 17, 2003, to celebrate St. Patrick's Day. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval February 4, 2003 Linda Potter, Deputy City Clerk City of Muskegon 933 Terrace Street Muskegon MI 49443 Dear Ms. Potter, The Muskegon Irish American Society re-submits its request to fly the Irish Flag on Monday, March 17, 2003 to celebrate St. Patrick's Day. The Irish population of Muskegon enjoys seeing the flag displayed in conjunction with other St. Patrick's Day celebrations. The flag measures 3' X 5' and consists of 3 stripes, green, white and orange. The officers of the Muskegon Irish American Society are: President- Gene Kendra, 2124 Carter, Muskegon MI 49441 Vice President- Kathleen Marek, 2504 Letart, Muskegon MI 49441 Treasurer- Kevin Donovan, 1086 Ireland, Muskegon MI 49441 Secretary- Jeanne O'Brien, 8985 Lakeshore, West Olive MI 49460 Program Chairpersons- Neil Mullally, 4097 Braeburn, Muskegon MI 49441 Mary Anne Gorman, 7433 Palm Drive, Spring Lake MI 49456 We request that the flag be flown from Monday, March 17th until Friday March 21st in front of City Hall. Our organization is a non-profit social organization. I am the contact person who will be responsible for the flag's condition and presentation. We would like to gather at 11 :30 a.m. to raise the flag. The entire activity takes approximately 10 to 15 minutes. Please inform me if the above request is granted. We appreciate the past cooperation of the City of Muskegon. Sincerely, Kevin Donovan Treasurer, Muskegon Irish American Society Phone:231-722-4237 1086 Ireland Muskegon MI 49441 January 15, 2002 City of Muskegon Attn: Bryon L. Mazade, City Manager 933 Terrace Street Muskegon,MI49440 Dear Sir, The Irish American Society of Muskegon requests permission to again fly the Irish Flag outside the City Hall on Monday, March 17, 2003, the feast day of St. Patrick, the patron Saint of Ireland. We would like to gather at 11 :30 A.M. to raise the flag. The entire activity takes approximately ten minutes. Please inform me if the above request is granted. We appreciate the past cooperation of the City of Muskegon. Sincerely, Jeanne L. O'Brien Secretary 8985 Lakeshore Drive West Olive , MI 49460 RECEIVED JAN 2 1 2003 MUSKEGON CITY MANAGER' S OFFICE Affirmative Action (231)724-6703 FAX: (231)72'2-1214 Ass~ssor/Equallzatlon (231)724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6783 FAX: (231)716-5617 City Manager (231)724-6724 West Michigan's Shoreline City FAX: (231)722-1214 Civil Service (231)724-6716 FAX: (231)724-4405 January 28, 2003 Clerk (23))724-6705 FAX: (231)724-4178 Community and Neigh. Services (231)724-6717 Ms. Jeanne L. O'Brien FAX: (231)726-2501 8985 Lakeshore Drive Computer Info. West Olive, MI 49460 Systems (231)724-6744 FAX: (231)722-4301 Dear Ms. O'Brien: Engineering Dept. (231 )724-6707 Thank you for your letter requesting permission to fly the Irish Flag outside City FAX: {231)717-6904 Hall on Monday, March 17, 2003. Finance Dept, (231)724-6713 FAX: (231)724-6768 The Flag Placement Policy states that your request shall state in writing: a. All the reasons for the request Fire Department (231)724-6792 b. Describe and display the flag, which shall not be changed in the FAX: (231)724-6985 event permission is given IncomeTn c. State the name, address, and the names and addresses of all the (231)724-6770 FAX: (231)724-6768 officers, of the organization submitting the request. Indicate the legal form of organization, and the name and address of the contact Inspection Services (231)724-6715 person who shall be responsible for the flag's condition and FAX: (231)728-4371 presentation. Leisure Services d. State the period for which the flag is requested to be flown (231)724-6704 FAX: (231)724-1196 e. The desired location. (Locations shall be determined by the City based on availability and ability to display the flag without Mayor's Office (231 )724-6701 infringing on the display by others, including the City itself) FAX: (231)722-1214 Planning/Zoning Enclosed is a copy of the Policy. If you have any questions, please call me at (23 J)724-6702 (231)724-6705. FAX: (231)724-6790 Police Deptartment (231)724-6750 Thank you, FAX: (231)722-5140 Public Works Dept, (23 J)724-4100 FAX: (231)722-4188 Linda Potter Treasurer's Office (231 )724-6720 Deputy City Clerk FAX: (231)724-6768 Water Billing Dept. Enc. (23 J )724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 www.shorelinecity.com CITY OF MUSKEGON FLAG PLACEMENT POLICY 2001-139 ( b) A. Purpose To provide a procedure to consider requests to the City to fly flags on City owned or occupied property or facilities (herein "City property"). The flying of the United States of America, State of Michigan, the County of Muskegon and the City of Muskegon flags are exempt (except as set forth herein), from this policy and can be flown on City property or at City property by authorized City employees or officials. B. City Control of Flag Placement. Except as permitted by the City Commission or City staff members with authority, no flag, including "exempt" flags shall be placed on City property by any person except authorized city employees or officials. The procedures and standards set forth in this policy document shall govern the City's decision to permit or deny permission to have a particular flag flown or displayed on City property. The flying of flags on City property is peculiarly within the prerogatives of the City. Flags which are permitted to be flown on City property have the effect of representing to the community the City's support-for the organization or point of view which is represented by the flag. The City reserves the right to refuse or terminate the flying of any flag for the reason that unintended endorsements by the City shall not result from this policy. It is this concern, together with the City's acknowledgement that the flying of flags is a form of speech, which shall guide the City in administering this policy. C. Review Process. The Procedure. 1. Request A request to fly a flag(s) must be submitted in writing to the City Clerk at least 3 0 days prior to when the flag is proposed to be raised. The request shall state in writing: a.. All the reasons for the request. b. Describe and display the flag, which shaUnot be changed in the event permission is given. G:\EDSI\FILES\00 I 00\0850 l l\RESOLUT\9V6160.DOC c. State the name, address, and the names and addresses of all the . officers, of the organization submitting the request. Indicate the legal form of organization, and the name and address of the contact person who shall be responsible for the flag's condition and presentation. d. State the period for which the flag is requested to be flown. e. The desired location. (Locations shall be determined by the City based on availability and ability to display the flag without infringing on the display by others, including the City itself). 2. City Staff Review The City staff will review the request and mal{e a recommendation to the City Commission based on the following: a. Appropriateness of the organization and the flag. Flags which support illegal activities, take political positions or support candidates for any office, advocate against City policies or involve obscene language, symbols or activities are prohibited. b. The number of other flags already approved. c. The availability oflocations. - - d. The time period during which the flag shall be permitted to be flown on City property. No permission shall be given for permanent flag placement. In the event an applicant desires a longer time period than that granted, renewal applications shall be submitted at least 30 days before the end of the initial period in order to afford the City Commission opportunity to decide on the extension. D. City Commission Consideration and Decision. The City Commission will consider the request after the review and recommendation from City staff. The City Commission will consider the determination of City staff when making their decision as well as any other criteria they deem appropriate, to the extent that the criteria are legally and constitutionally supportable. In the event a request is denied by the Commission, a decision with the reasons set forth shall be adopted at the time of the refusal, and set forth in the minutes in writing as part of the motion (or resolution) adopted. G:\EDSI\FILES\0010010850 l ! IRESOLU1\9V6! 60.DOC E. Grant by City Commission; Location and Term Any request that is approved will be accomplished by City Commission resolution that will include the specific location(s) where the flag(s) can be flown and the time period for which the request is granted. Policy regarding term.of the permission: No permanent permission shall be granted. The City's policy is to favor shorter term flying periods to accommodate a reasonable number of requests and avoid unintended endorsements which can arise not only by the message of the flag itself, but also by the duration a flag is flown other than flags of the City, County, State and the United States. Applicants are encouraged to apply for periods of display which are shorter, as stated above. However, the Commission will consider periods up to one year for flags which represent long term or continuing organizations, activities or public (non-political) concerns. More typical will be permission granted for periods of a week to thirty days. The term of any permission granted shall be subject to the City's determination to fly another flag in the location of and instead of the permitted flag in a time of emergency or of critical public concern. F. Flag Maintenance It shall be the responsibility of the requesting organization to maintain the flag( s) in good repair. Failure to do so will result in revocation of the permission to fly the flag(s). The City shall afford access to the flag for repair and maintenance. G. Revocation The City Commission shall have the sole discretion to revoke the permission to fly a flag permitted under this policy for whatever reasons they deem appropriate and which are legally and constitutionally supportable. Claims made by any person to whom permission has been granted concerning the import of the City's pennission to fly a flag which are not intended or acceptable to the City shall be, without limitation, grounds for revocation without notice. Any revocation of permission before the term permitted has expired shall be accomplished by the City removing the flag and notifying the applicant to come to the City's offices to retrieve the flag or flags removed. In such case the City shall indicate by written memorandum delivered to the applicant the reason(s) for revocation. G:\EDSI\FILES\00100\085011 \RE SOLUT\9V 6160 .DOC 2001-139(b) CERTIFICATION This policy was adopted at a regular meeting of the City Commission, held on November 27, 2001. 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_~~G~m=·1=~~--K~9-d-in_g_~~r,~C-ity~~-Ie_r_kJ¾~---- Date: 01/20/03 To: Honorable Mayor and City Commission From: Brett Kraley, Equipment Supervisor DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from Wolverine Tractor. FINANCIAL IMPACT: Cost $57,000 less $19,000 trade for a total cost of $38,000 BUDGET ACTION REQUIRED: None. There is $70,000.00 Budgeted for this purchase. STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe from Wolverine Tractor. Memorandum To: Robert Kuhn From: Brett Kraley Date: 02/19/03 Re: Backhoe Purchase The Equipment Division has been trying out backhoes for the last several months to replace the 1994 Case backhoe that we are currently using. We have narrowed our search to two models that best serve our needs. The two models are the Caterpillar 420D and the Case 580M. The Case 580M is sold by Wolverine Tractor from Grand Rapids Michigan and is priced at $57,000. The Caterpillar 420D is sold by Michigan Caterpillar from Grand Rapids Michigan and is priced at $62,800. We currently have five Case backhoes in our fleet and have been very satisfied with the quality and durability of their machine. By staying with Case we will not have to stock maintenance parts for another machine or train our mechanics on a new unit. We have a guaranteed trade in allowance form Case of $19,000 for the machine we are replacing, which will lower our cost to $38,000. We are currently exploring the option of selling this unit outright for a larger amount. Therefore, I am requesting permission to purchase one 2003 Case 580M from Wolverine Tractor for $57,000 less our guaranteed trade in of$19,000 for a total cost $38,000. 1 Date: February 18, 2003 ~) 1 To: Honorable Mayor and City Commissioners ~ ,,, \ 0 From: Public Works ?-- o RE: Storm Water Phase II Permit Application SUMMARY OF REQUEST: The City of Muskegon will be submitting an application for a Phase II Storm Water permit on March 13, 2003 as required. This application includes a watershed description, map of storm sewer outfalls, Public Education Plan(PEP) and Illicit Discharge Elimination Plan(IDEP). The City will be participating in the Muskegon Area Storm Water Committee-sponsored PEP but will be conducting the IDEP independently. The City has already achieved most of the goals of the IDEP through the current Illicit Connections Identification Grant project. FINANCIAL IMPACT: Expenditures for the Public Education Plan will be $2,051 in 2003 and $3,940 in 2004. Current Illicit Connections grant will offset 70% of IDEP expenditures in 2003. BUDGET ACTION REQUIRED: None. Expenses are budgeted under the Stormwater Budget. STAFF RECOMMENDATION: To approve the submittal of the Phase II Storm Water Permit Application. COMMITTEE RECOMMENDATION 2/18/03 1 Pa:go 1·!lf 1 Public Education Plan Cost Allocation Muskegon Area Stonn Water Committee County Allocatic>n Year1 Year2 Muskegon-County Admfr1iStration 25'.0% $2,680 $5,149 Muske9ort Couh!t: ROa(1 Comm•ission 10.0% $1,072 $2,060 Sub Total for County Departments 35.0% $3,752 $7,208 Remaining Allocation 65.0% $6,968 $13,387 Phase II Communities Total Pop, Total Year1 Year2 Dalton.Township 8,047 5.9% $411 $791 Eg_elston TownShiP 9,537 7.0% $488 $937 Fruitport .Charter To_wnstiJp 12,533 9.2% $641 $1,231 Laketon Township 7,363 5.4% $377 $723 Clty of Muskegon 40,105 29.4% $2,051 $3,940 Muskegon Charter Township 17,737 13.0% $907 $1,742 Norton Shores 22,527 1M% $1,152 $2,213 Roosevelt Park 3,890 2.9% $199 $382 sumvan TownS1hip 2,477 1.8% $127 $243 City of Muskegon Heights 12,049 8.8% $616 $1,184 R:\01513A\PEP\2year_cosli;.xls frc&h 2i17/20d3 2/18/03 Page 2 of3 Illicit Discharge Eliminat.ion Plans - Regional Cooperation Cost Allocation Years 1 & 2 Locating the Problem Areas ANNUAL PHASE II COMMUNITIES COST Dalton Township $1,650 Egelston Township $4,816 Fruitport Charter Township $9,970 Village of Fruitport $2,132 Laketon Township $4,165 City of Muskegon* $50 Muskegon Charter Township $8,724 Norton Shores $13,851 Roosevelt Park $1,650 Sullivan Township $1,650 Muskegon Heights $5,294 Muskegon County Administration $11,250 and Drain Commissioner Muskegon County Road Commission $18,875 Annu_al Cost inc1ud_e$- _$10,000·for intern .. City of Muske(lon will partlclpato In trait1Jng of rnuniCipal employees o·nty 2/18/03 Page 3 of 3 Agenda Item No. ~oo 3- I'? J) City Commission Meeting _ _ _ __ _ __ Date: February 25, 2003 To: Honorable Mayor and City Commission From: Department of Public Works Re: Traffic Department materials and services 2003 SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission for the joint purchase of various Traffic Department materials and services. We have bid out these items with MCRC for the past thirteen years. By bidding together with MCRC and other municipalities we are able to get better unit prices because of larger quantity purchases. FINANCIAL IMPACT: Sign materials and services to be jointly bid: Sign blanks ...... . ............ ... ....... .. .. . .... .. ....... $ 1,500.00 approx. Ready-made signs ..... ....... ....... .... .. .. ... ..........$1,400.00 approx. Sign posts ............. .. .... ... .. .. ..... .. .. . ..... ..... .. $4,500.00 approx. Sign sheeting ...... ... .. .... .......... .. .................. $1,800.00 approx. Centerline painting ..... .. .. .. .. ........ .... .. .. .. ..... $ 12,500.00 approx. Total $21,700.00 ($21,100.00 in 2001) BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate Highway budgets. STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon County Road Commission for sign materials and services. Gity of Muskegon 'Traffic Department To: Bob Kuhn From: Staff Date: 01 /29/03 Re: Sign Materials & Services: Annual Contract Again this year we are requesting permission to bid jointly for our sign materials and services with the Muskegon County Road 1999 2000 2001 2002 sign blanks • $1.37/sq. ft. $1.29/sq. ft $1.50/sq. ft. $1.47/sq. ft. $1 .40/sq. ft. For sign posts: 1998 1999 2000 2001 2002 2# x 11' posts • $5.91/ea $5.60/ea $5.45/ea. $5.76/ea. $6.15/ea. 3# x 12' posts • $9.66/ea $9.22/ea $8.92/ea. $9.42/ea. $10.08/ea. For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by MCRC, they like us, use 3M sheeting exclusively. 3M also has supplied us with a sheeting roller at no cost and to maintain the warranty on their sheeting they also supply us with inks at no cost. The cost of sheeting has risen only very slightly over the last few years, this year most items will rise from anywhere from 2% to 5%. Centerline painting: Before 1997, we contracted with the MCRC for this work. In 1997 they sold their equipment and we jointly bid with all other cities and townships in the County. In 1997 M&M Pavement Marking, Inc. was awarded the bid and has since been extended the contract every year since at the same unit prices. Our overall cost since 1998 has been higher because we painted over significant amounts of faded permanent pavement marking and painting costs have increased. $7,815 (M&M) $10,041 (M&M) $10,082 (M&M) $10,060 (M&M) $11,228 (M&M) • Page 1 Date: February 18, 2003 To: Honorable Mayor and City Commissioners From: Melissa Jacobsen RE: Softball World Agreement SUMMARY OF REQUEST: To approve an agreement with Muskegon Charter Township for the use of Softball World for all City of Muskegon, Dept. of Leisure Services softball games. FINANCIAL IMPACT: $8,500 per year for three years. Total impact, $25,500. BUDGET ACTION REQUIRED: None, included in 2003 budget. STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmnllve Aellon 231/724-6703 FAX1722-1214 Assessor 231 [724-6708 FAX1726-5181 Cemetery 231/724- 6783 FA X/726-S617 Civil Service 231 /724-6716 F AX/724-440S West Michigan's Shor'CUne City Clerk 231 /724-6705 FAX/724-4178 Comm. & Neigh, Date: February 18, 2003 Scrvlccs 23 I /724-67 J7 To: Honorable Mayor and City Commissioners Melissa Jacobsen ~ -~ l LJ'YM_Lv'-- FAX/726-2S01 From: Engineering 231/724-6707 Re: Softball World Agreeme~; --- - FAX/727-6904 Finance 231/724-6713 FAX1724-6768 I am requesting your approval of an agreement with Fire Dept. Muskegon Charter Township for the use of Softball World 23 I /724-6792 for City of Muskegon, Department of Leisure Services F AX/724-6985 softball leagues. The previous contract expired last Income Tnx November, and the new one is the same except for an 231/724-6770 FAX1724-6768 increase of $500 per year. Info, Syslems The cost of the usage is $25,500 for three years . 23 I /724-6744 FAX/722-430 I Thank you for your consideration . Leisure Service 23 I /724-6704 F AX/724-1196 Mannger's Office 231/724-6724 FAX/722-1214 Mayor's Office 231/724-6701 FAX/722-1214 lns11ecllon Services 231/724-6715 FAX1726-2501 Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231/724-6750 FAX/722-S140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231/724-6720 FAX/724-6768 Wnter BIiiing Depl. 231/724-6718 F AX/724-6768 Water Flltrollon 231/724-4106 FAXJ7SS-S290 City of Muskegon, 933 Tenace Street, P.O. Box 536, Muskegon, MI 49443-0536 2003-18 (g) LEASE AGREEMENT THIS AGREEMENT, effective April 1, 2003, by and between the City of Muskegon, a Michigan municipal corporation, with offices at 933 Terrace St., Muskegon, Michigan 49443 (hereinafter referred to as "City"), and Muskegon Charter Township, a Michigan municipal corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter referred to as "Township"). WITNESSETH: WHEREAS, the Township is the owner and operator of four approved slow-pitch softball diamonds located at the comer of Mill Iron Road and Apple Avenue in Muskegon Township, Muskegon County, !mown as "Softball World;" and, WHEREAS, the City desires to use Softball World's fields for its recreational summer and fall softball leagues; and, WHEREAS, the Township desires that the City utilize its softball fields and said parties have negotiated and desire to put their several agreements in writing relating to the operation and management of Softball World, NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, it is agreed as follows: 1. Premises. The Township hereby agrees that the City for the term herein, and subject to the conditions contained herein, shall have the right to use the four softball fields owned by the Township known as "Softball World." During the term of this Agreement, the Township shall have the right to operate and manage the restaurant and bar concessions, or to enter into a concession agreement for the same. 2. Term. The term of this Agreement shall commence April 1, 2003, and continue in full force and effect, subject to its te1ms and conditions, until November 1, 2005, unless terminated earlier by agreement of both patties. 3. Compensation. A. City agrees to pay the Township the following compensation for use of the premises: i. Eight Thousand Five Hundred Dollars ($8,500), per year (total lease obligation Twenty-five Thousand Five Hundred Dollars ($25,500)), payable in four equal monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2,125), with the first installment due April 1, 2003, and a like amount each three months thereafter, until paid in full. In addition, in the event the electricity bill during any one year period exceeds the sum of Four Thousand Dollars ($4,000), per year, the City agrees to pay the extra amount over and above said Four Thousand Dollars ($4,000), in addition to the sum set fo1th above. O:\LEISUREIJACOBSENIWORDISOFTBALL WORLD CONTRPj_CJ.DOC (i) City agrees to provide all field maintenance (field maintenance is defined as the daily maintenance to keep the fields playable such as dragging & lining the fields, and mowing the grass in the playing field) and materials, such as diamond dry, fertilizer, bases, etc. to provide the daily maintenance. (ii) City agrees to organize and manage the summer and fall recreational softball program to be operated at Softball World, including the assigmnent of practice fields before the season begins. (iii) The Township, with the consent of the City, shall have the right to contract with another party for the maintenance of said softball fields, provided, however, that the City shall be responsible for the entire cost thereof. 4. Insurance. A. City agrees to register all of its softball teams with the Amateur Softball Association and carry the maximum insurance permitted by said organization coveting field owners and to name Muskegon Township as co-insured. The above policies of insurance shall be subject to the approval of the Township Attorney as to proper fom1 and the amount of coverage. Copies of such policies shall be delivered to the Township for its records <luting the term of this agreement. 5. Obligations of Township. A. To pay all utility bills to said premises, except as otherwise set forth herein. B. To pay all taxes on said premises, inclnding real and personal taxes, provided that it is dete1mined that such taxes have been legally assessed. C. To carry, during the duration of this agreement, the following minimum insurance coverages: (i) General liability insurance (premises and operations coverage): (a) Bodily injury, comprehensive coverage limits of two million dollars per occmTence. (b) Property damage limits of two million dollars per occurrence. (c) Liquor liability insurance acceptable to the State of Michigan. (ii) Workers disability compensation coverage on all employees of the Township in the required statutory amounts. (iii) The above policies of insurance shall be subject to the approval of the City Attorney as to proper form and amount of coverage. Copies of such O:ILEISUREIJACOBSENIWORDISOFTBALL WORLD CONT~J.DOC policies shall be delivered to the City for its records during the term of this agreement. (iv) All of the above insurance, except the workers disability compensation insurance, must name the City as an additional insured. 6. Use of Premises. A. During the term of this agreement, the premises may be used by the City on Monday through Sunday of the weeks from April ! to November 1. The Township shall have the right to use said premises for the exclusive use of the Township residents upon reasonable notice to the City and at reasonable times. The concession operator shall have the right to use said premises when the City is not using the same with reasonable notice. B. This agreement is conditioned upon the understanding that the operation of the softball fields from Monday through Sunday of the weeks from April 1 to November 1 will be under the overall supervision of the City, and no portion of the premises may be leased, subleased, or assigned to any other person, firm, or corporation without the express prior written consent of the Township. 7. Conditions of Maintenance of Fields. The City shall maintain the softball fields at an acceptable level and to an acceptable degree. In no event shall the maintenance of said premises fall below the following general standards: A. A manner equal to or greater than the level of maintenance at other public softball fields. B. A manner consistent with good maintenance practice. C. Such other conditions as the parties may mutually agree upon during the term of this agreement. D. In the event the fields are not maintained in a satisfactory manner to the Township, the Township shall have the right to maintain said fields in a proper manner, and charge the costs of same to the City. 8. Structure of Premises. Except as otherwise provided herein, the Township shall have the exclusive use of all buildings on the premises including but not limited to, the concession stand, maintenance building, and small shed, provided the City shall have use of the maintenance building for storage of equipment and materials. 9. Binding Effect. This agreement shall be binding upon the pmiies hereto and their respective heirs, administrators, personal representatives, successors and assigns. 10. Applicable Law. This agreement shall be interpreted under the laws of the State of Michigan. O:ILEISUREIJACOBSENIWORD\SOFTBALL WORLD CONT~J.DOC 11. Arbitration of Disputes. In case of any dispute between the parties hereto arising, which cannot be resolved on the terms of this agreement, such dispute shall be settled by binding arbitration between the parties, with the arbitrator having been appointed in accordance with the following procedures: A. The parties shall meet and attempt to mutually agree upon an arbitrator. B. Should the parties fail to agree upon an arbitrator, the parties shall each submit two names upon a list of four persons which shall be presented to the then presiding circuit judge for the County of Muskegon, State of Michigan, who shall from that list appoint the arbitrator. The arbitrator's opinion shall be binding and said award may be entered and ordered in any court having requisite jurisdiction. 12. Renewal. If the City intends to enter into negotiations for the renewal of this Lease, City shall give the Township thirty (30) days written notice thereof. 13. Notices. Notices to either party to this agreement shall be sufficient if sent by certified mail, postage prepaid addressed as follows: To the City: Director of Leisure Services, City Hall, 933 Terrace Street, Muskegon,MI49443 To the Township: Supervisor, Muskegon Charter Township, 1990 Apple Avenue, Muskegon, MI 49442. CITY OF MUSKEGON TOWNSHIP OF MUSKEGON, MICHIGAN By _ _ _ _ _ _ _ _ _ _ __ By_ _ _ _ _ _ _ _ _ _ _ __ Steve Warmington, Mayor P. Don Aley, Supervisor ATTEST: Gail A. Kundinger, Clerk O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONT!Mf:J.DOC 1-Db~Ai;;y • Softball World Contractd;;-~ Page 1 i 2003-18 (g) LEASE AGREEMENT THIS AGREEMENT, effective April I, 2003, by and between the City of Muskegon, a Michigan municipal corporation, with offices at 933 Terrace St, Muskegon, Michigan 49443 (hereinafter referred to as "City"), and Muskegon Cha11er Township, a Michigan municipal corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter referred to as "Township"). WITNESSETH: WHEREAS, the Township is the owner and operator of four approved slow-pitch softball diamonds located at the corner of Mill Iron Road and Apple Avenue in Muskegon Township, Muskegon County, known as "Softball World;" and, WHEREAS, the City desires to use Softball World's fields for its recreational summer and fall softball leagues; and, WHEREAS, the Township desires that the City utilize its softball fields and said parties have negotiated and desire to put their several agreements in writing relating to the operation and management of Softball World, NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, it is agreed as follows: I. Premises. The Township hereby agrees that the City for the term herein, and subject to the conditions contained herein, shall have the right to use the four softball fields owned by the Township known as "Softball World." During the term of this Agreement, the Township shall have the right to operate and manage the restaurant and bar concessions, or to enter into a concession agreement for the same. 2. Term. The term of this Agreement shall commence April I, 2003, and continue in full force and effect, subject to its terms and conditions, until November I, 2005, unless terminated earlier by agreement of both parties. 3. Compensation. A. City agrees to pay the Township the following compensation for use of the premises: i. Eight Thousand Five Hundred Dollars ($8,500), per year (total lease obligation Twenty-five Thousand Five Hundred Dollars ($25,500)), payable in four equal monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2,125), with the first installment due April 1, 2003, and a like amount each three months thereafter, until paid in full. In addition, in the event the electricity bill during any one year period exceeds the sum of Four Thousand Dollars ($4,000), per year, the City agrees to pay the extra amount over and above said Four Thousand Dollars ($4,000), in addition to the sum set forth above. O:\LEISURE\JACOBSEN\WORO\SOFTBALL WORLD CONTRACT.DOC -l- ···-.------------·--· --- ------- ·--------~--- --·--·, 10-;;n-Al~-1-=--softball World Contractdoc __F'age 3_] -----------·----·-- ·- (i) City agrees to provide all lield maintenance (field nrninlenance is defined as the daily mai11tcnanc~ io keep the liclds playable such as dragging & lining the fielcls, and mowing the grass in the playing: fldd) and makrials. such as diamond dry. fertilizer'. bases, etc. to provide the daily maintenance. (ii) City agrees to organize and manage the summer and fall recreational softball program to be operated at Softball World, including the assignment of practice fields before the season begins. (iii) The Township, with the consent of the City, shall have the right to contract with another party for the maintenance of said softball fields, provided, however, that the City shall be responsible for the entire cost thereof. 4. Insurance. A. City agrees to register all of its softball teams with the Amateur Softball Association and carry the maximum insurance permitted by said organization covering field owners and to name Muskegon Township as co-insured. The above policies of insurance shall be subject to the approval of the Township Attorney as to proper form and the amount of coverage. Copies of such policies shall be delivered to the Township for its records during the term of this agreement. 5. Obligations of Township. A. To pay all utility bills to said premises, except as otherwise set forth herein. B. To pay all taxes on said premises, including real and personal taxes, provided that it is determined that such taxes have been legally assessed. C. To carry, during the duration of this agreement, the following minimum insurance coverages: (i) General liability insurance (premises and operations coverage): (a) Bodily injury, comprehensive coverage limits of two million dollars per occurrence. (b) Property damage limits of two million dollars per occurrence. (c) Liquor liability insurance acceptable to the State of Michigan. (ii) Workers disability compensation coverage on all employees of the Township in the required statutory amounts. O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONTRACT.DOC -2- -----·------·-·-·------·-·--···-··•,e------------------ - - - - - - - - - ,--------- 1 D'on Aley- Softball World Contract.doc Page 3l ------ ----------------- ------- - - ---- - - ------- __J (iii) The above policies of insurance shall be subject to the approval of the City Attorney as to proper form and amount of coverage. Copies of such policies shall be delivered to the City for its records during the term of this agreement. (iv) All of the above insurance, except the workers disability compensation insurance, must name the City as an additional insured. 6. Use of Premises. A. During the term of this agreement, the premises may be used by the City on Monday through Sunday of the weeks from April I to November I. The Township shall have the right to use said premises for the exclusive use of the Township residents upon reasonable notice to the City and at reasonable times. The concession operator shall have the right to use said premises when the City is not using the same with reasonable notice. B. This agreement is conditioned upon the understanding that the operation of the softball fields from Monday through Sunday of the weeks from April I to November I will be under the overall supervision of the City, and no portion of the premises may be leased, subleased, or assigned to any other person, firm, or corporation without the express prior written consent of the Township. 7. Conditions of Maintenance of Fields. The City shall maintain the softball fields at an acceptable level and to an acceptable degree. In no event shall the maintenance of said premises fall below the following general standards: A. A manner equal to or greater than the level of maintenance at other public softball fields. B. A manner consistent with good maintenance practice. C. Such other conditions as the parties may mutually agree upon during the term of this agreement. D. In the event the fields are not maintained in a satisfactory manner to the Township, the Township shall have the right to maintain said fields in a proper manner, and charge the costs of same to the City. 8. Structure of Premises. Except as otherwise provided herein, the Township shall have the exclusive use of all buildings on the premises including but not limited to, the concession stand, maintenance building, and small shed, provided the City shall have use of the maintenance building for storage of equipment and materials. 9. Binding Effect. This agreement shall be binding upon the parties hereto and their respective heirs, administrators, personal representatives, successors and assigns. O:\LEISURE\JACOBSEN\WORO\SOFTBALL WORLD CONTRACT.DOC -3- ------------------ ,--- 1 Con Aley - Softball World Contract.doc _Pag_e 4 . I 0. Applicable Law. This agreement shall be interpreted under the laws of the State of Michigan. 11. Arbitration of Disputes. In case of any dispute between the pm1ies hereto arising, which cannot be resolved on the terms of this agreement, such dispute shall be settled by binding arbitration between the parties, with the arbitrator having been appointed in accordance with the following procedures: A. The parties shall meet and attempt to mutually agree upon an arbitrator. B. Should the pariies fail to agree upon an arbitrator, the parties shall each submit two names upon a list of four persons which shall be presented to the then presiding circuit judge for the County of Muskegon, State of Michigan, who shall from that list appoint the arbitrator. The arbitrator's opinion shall be binding and said award may be entered and ordered in any court having requisite jurisdiction. 12. Renewal. If the City intends to enter into negotiations for the renewal of this Lease, City shall give the Township thirty (30) days written notice thereof. 13. Notices. Notices to either party to this agreement shall be sufficient if sent by certified mail, postage prepaid addressed as follows: To the City: Director of Leisure Services, City Hall, 933 Terrace Street, Muskegon, MI 49443 To the Township: Supervisor, Muskegon Charter Township, 1990 Apple Avenue, Muskegon, MI 49442. A~~: • g, a ·~ . Gail A. Kundinger, Clerk . cb,-.Sf.J Q O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONTRACT.DOC -4- ----------------------------------··---------- --- Date: Tuesday, February 18, 2003 To: Honorable M~~and City Commissioners From: Ric Scott ;f;T/tJ·# RE: Port-o-Jon Bids SUMMARY OF REQUEST: To award a contract to Fresh Start for the 2003 Port-o- Jons for various city parks FINANCIAL IMPACT: Approximately $12,000 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION : Affirmalive Aclion 2311724-6703 FAX1722-1214 Assessor 231/724-~708 FAX/726-5181 Cemetery 231/724-6783 FAX1726-5617 Civil Service 231/724-6716 F AX/724-4405 West MlcbJgan's Sho1>ellne City C lerk 231/724-6705 FAX1724-4178 Comm. & Neigh. Date: Tuesday , February 18 , 2003 Services To: Honorable ~a Y ~i ty Commissioners 231/724-6717 FAX/726-2501 From: Ric Scott ~ 7 Engineering 231/724-6707 Re: Porto Jon bids FAX/727-6904 Finance Two bids have been received for providing port- o - jons at 23 1/724-6713 various city facilities f or the summer months. In 2002 , FAX/724-6768 almost $12 , 000 was spent on port- o-jons. Fire Dept. 231/724-6792 Fresh Start bid a price of $62 / unit for the various FAX1724-6985 facilities and has bee n the provider for the past Income Tax several years. Jons To Go bid $7 0 / unit. 23 I /724-6770 FAX1724-6768 I am requesting that you award the contract to Fresh Info. Systems Start to provide Port-o- Jons for 2 0 03 . 231 /724-6744 FAX/722-4301 Thank you for your consideration. Leisure Service 23 I /724-6704 FAX/724-1196 Manager's Office 23 I /724-6724 FAX/722-1214 Mayor's Office 231/724-6701 FAX/722-1214 I nspccllon Services 231/724-6715 FAX/726-250 I Planning/Zoning 23 I /724-6702 F AX/724-6790 Police Dept. 231/724-6750 FAX/722-5140 Public Works 2311724-4100 FAX/722-4188 Treasurer 231/724-6720 F AX/724-6768 Water BIUlng Depl. 231/724-6718 FAX/724-6768 Water Flllratlon 231/724-4106 FAX/75S-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 PORT-JON BIDS BID PROPOSAL FEBRUARY 11,2003 ITEM FRESH START JONS TOGO PO BOX4420 2675 E. STERNBERG MUSKEGON, Ml 49444 MUSKEGON, Ml 49444 SCHEDULE OF PRICE $62/UNIT $70/UNIT Date: Tuesday, February 18, 2003 To: Honorable May d City Commissioners From: Ric Scott RE: Seyferth In-Line Rink Surfacing SUMMARY OF REQUEST: To award a contract to Sports Court to provide surfacing for the in-line skating rink at Seyferth Park FINANCIAL IMPACT : $24,120 BUDGET ACTION REQUIRED: None, the funding is through the Community Foundation for Muskegon County, the Thomas and Geraldine Seyferth Fund STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmative Action 231/724-6703 FAX/722-1214 Assessor 23 I /724-6708 FAX/726-511!1 Cemelery 23 l /724-6783 FAX/726-5617 Civil Service 231/724-6716 F AX/724-4405 West Michigan's Shorelhte City Clerk 23 I /724-6705 FAX/724-4178 Comm. & Neigh. Date: Tuesday, February 18, 2003 Services 231/724-6717 FAX/726-2501 To: Honorable ~J.L and City Commissioners Engineering From: Ric Scott lfr/lj__~ 23 l /724-6707 FAX/727-6904 Re: Seyfarth Park In-line Rink Resurfacing Finance The in-line hockey rink at Seyferth park is uneven and 231/724-6713 needs surfacing. Staff has been able to find only one FAX/724-6768 source for a surface that can handle water, provide a Fire Depl. smooth surface, and that can have an ice rink made over 231 /724-6792 FAX/724-6985 the top of it . Sport Court is the sole source provider Income Tax of that surface in Western Michigan. Sports Court is 231/724-6770 located at: FAX/724-6768 470 Market Ave. SW Info. Syslems 23 l /724-6744 FAX/722-4301 Grand Rapids, MI 49503 Leisure Service The Thomas and Geraldine Fund of the Community 231/724-6704 Foundation for Muskegon County has awarded the City FAX/724-1196 $25,000 to pay for the surface. The bid from Sports Manager's Office 231/724-6724 Court is $24 , 120. FAX/722-1214 I would ask that you award the contract to Sports Court Mayor's Office to supply and install the new surfacing for $24,120. 231/724-6701 FAX/722-1214 Thank you for your consideration. I nspection Services 231/724-6715 FAX/726-2501 Planning/Zoning 231/724-6702 F AX/724-6790 Police Dept. 231/724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231/724-6720 F AX/724-6768 Water DIiling Dept. 231/724-6718 F AX/724-6768 Water Flllrotlon 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Commission Meeting Date: February 25, 2003 Date: February 17, 2003 To: Honorable Mayor & City Commission From: Planning & Economic Development Department C-f.)( RE: Smartzone Agreement Between the City and Community Foundation SUMMARY OF REQUEST: The Community Foundation for Muskegon County has agreed to assist the City of Muskegon with the Smartzone project in the event funds are insufficient to finance the Local Development Finance Authority bond repayments for the Smartzone building. The "Agreement" is attached. In the Agreement, the Community Foundation agrees to share in the debt obligation for the bonds, in the event tax increment revenues are insufficient to cover the bond payment. The amount of their contribution will not exceed $75,000 annually. The terms of the Agreement shall not commence until June 1, 2006 and such obligation will terminate December 31, 2016. FINANCIAL IMPACT: May positively effect the City if tax increment revenues are insufficient to make bond repayments in any given year. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached Agreement between the Community Foundation for Muskegon County and the City of Muskegon and authorize the Mayor to sign. COMMITTEE RECOMMENDATION: None. 2003-18 (j) AGREEMENT AGREEMENT made this 1l/ day of ':/t, bt-c.. .. ,. ~· 2003 between the City of Muskegon ("Muskegon") and Community Foundation for uskegon County ("Foundation") with reference to the following: A. Muskegon has agreed to construct a building in the "Smartzone" for Grand Valley State University. B. The local development finance authority (City of Muskegon) has issued tax exempt bonds to finance the construction of such building with proceeds from tax increment revenues within the Smartzone district to pay for such tax exempt bonds. C. Muskegon has financial projections showing the first payment from tax increment revenues on such bonds will be due May 1, 2006 with the bond issue continuing until November 1, 2025. D. In the event the tax increment revenue generated by the Smartzone development is insufficient to cover the bond debt Muskegon must pay such deficiency from its general fund. E. Muskegon has asked the Foundation, and other community institutions, for monies to protect Muskegon's general fund by participating with Muskegon in the bond repayment. F. The Foundation recognizes the importance of the "Smart Zone" project in the City and County of Muskegon. NOW THEREFORE, it is agreed that in the event tax increment revenues are insufficient in any year to cover the debt obligation of Muskegon on the bonds the Foundation will contribute an amount not to exceed $75,000 annually to cover the annual debt obligations on such bonds. Such contribution by the Foundation shall be on a dollar for dollar basis with Muskegon. For example, if the deficiency in year 2007 is $50,000 the Foundation will contribute $25,000 and Muskegon will contribute $25,000. Payment by the Foundation shall be made on or before thirty (30) days of the bond payment date. In the event other community institutions agree to participate with the Foundation and Muskegon to cover a portion of the bond debt, the Foundation and any other such institution will be called upon in equal priority to share such deficiency on a dollar for dollar basis up to but not to exceed each institutions obligation to contribute. For example, the Foundation's obligation to contribute is an amount not to exceed $75,000, organization A's obligation to contribute is not to exceed $20,000 and the deficiency between the tax revenue and the bond obligation in year 2007 is $100,000. Organization A shall contribute $20,000 the Foundation shall contribute $40,000 and Muskegon shall contribute $40,000. In the event the deficiency is $54,000 the 1 Foundation will contribute $18,000, Muskegon will contribute $18,000 and organization A will contribute $18,000. In the event the tax increment revenue in any year exceeds the debt service for such year such excess shall be divided equally between the Foundation, Muskegon and organization A provided, however, the Foundation and organization A shall not receive an amount in excess of their cumulative contribution. As of the date hereof the Foundation and Muskegon are the only signatory's to this Agreement. In the event a third party contributor signs a facsimile of this Agreement such facsimile shall be binding on all parties. The obligation of the Foundation pursuant to the terms of this Agreement shall not commence until June 1, 2006 and such obligation will terminate December 31, 2016. Muskegon shall provide the Foundation an annual accounting of the tax increment revenues for each year this Agreement is in effect. COMMUNITY FOUNDATION FOR MUSKEGON COUNTY 2 ~oo s- I~ K) Commission Meeting Date: February 25, 2003 Date: February 17, 2003 To: Honorable Mayor & City Commission From: Planning & Economic Development Department cfec_ RE: City's Application for Seawall Permit- Smartzone SUMMARY OF REQUEST: The City of Muskegon has obtained a grant, the Core Communities Fund, from the Michigan Economic Development Corporation, to construct a seawall and boardwalk on the Smartzone/Edison Landing site. Although the owner of the property, Lakefront LLC, will be providing project oversight, they have requested that the City apply for the actual permit (since the City grant funding is financing the project). In addition, the City has been provided with a letter from Lakefront LLC agreeing to various conditions in regards to the City being held harmless, and outlining procedures for payment. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the staff recommendation to apply for a seawall permit for the Smartzone/Edison Landing site, and to authorize the City Manager to sign the permit application. 02/17/03 ----'- 13:43 FAX 2317227866 PARMENTER O'TOOLE t,tJ 002 Lakefront IDeveloprnent, LLC 170 W, Apple Avenue • P.O. Box 786 • Mu&k6QM. Michigan • 49443-07a6 Phone 231-722.Hl21 • Fax 231.722.76BBor728.2206 February 12, 2003 Mr. Bryon Mazade City Manager Muskegon City Hall 933 Terrace Street Muskegon, Ml49442 Re: Edison La11ding Seawall Permit Application Expense Reimburiements Dear Mr. Mazade: As you know, we have requested the Cily of Muskegon ("City") to submit an application to the Michigan Department of Environmental Quality ("MDEQ") and the Army Corps of Engineers ("ACOE") for the construction of a seawall along the north and east side of Edison Landing. You have indicated that the City would be interested in making such an application on the condition that Lakefront Development, LLC ("Lllkefront") makes certain assurances to tile City. This letter will provide those assurances. I. Design and Permit Application. Lakefront shall be responsible for the design and preparation of the appropriate applications to the MDEQ and ACOE for the construction of tile seawall and related shoreline improvements. 2. Responsibility for Construction. Lakefront will be solely responsible to the construction of <he seawall and related shoreline improvemenrs as permitted by the MDEQ and ACOE. Lakefront will have tile benefit of the Core Communities Grant, which will be administered by Lakefront in accordance with the Property Transfer Agreement dated September 24, 2002. 3. Assignment of Permit. Once issued by the MDEQ and ACOE, the City shall assign the perrnits to Lakefront and Lakefront shall accept such assignment and assume full responsibility for performance of the permitted activities and compliance witn the permit and all mies and regulations of MDEQ and ACOE. In the event the MDEQ or ACOE prevents the assignment from the City to Lakefront, Lakefront shall construct the permitted improvements, hold the City harmless and indemnify the City for any liability in connection therewith. If there are any additional assurances required, please advise. If this is acceptable, let me know and I will instruct Mike Hayes to stop by and pick up the signed applications. Member5 John M. Briggs. Ill • Anna. Urick Duggins • W. Brad Groom • G. Thomas Johnson • George W. Johnson Linda$. Kaare • ChrislopherL. Kelly • Scott. M, Knowlton • Keith L. McEvoy • William J. Meier Michael L. Rolf • James R. Scheuerle • John C. Schrier • Scott R. Sewick • J:)hilip M, Slofhm 02/17/03 13:43 FAX 2317227666 PARMENTER O'TOOLE I,!] 003 With regard to expense reimbursements, Cathy and I have had several discussions on a proper and efficient method of approval by the City. We came up with a pion by which Lakefront identifies a scope of work for a portion of the project with a list of parties who would be performing services. TI1e scope of work will be submitted to Cathy for her review and approval. Onoe approved by Cathy (and whoever Cathy thinks is appropriate at City Hall), Lakefront will submit invoices for payment by the City. At this time, the only activity for which Lakefront will be requesting reimbursement is for the design and permitting for the seawall ond related activities. The following is the Scope of Work for that activity. l. Design. Dreisenga and Associates and J.F. New and Associates (fka Resource Management) will be working on the design issues, including surveys (land and water), elevations and engineering spec,iications. Both firms will bill Lakefront on an hourly basis and w,11 invoices will be limited to the design of the seawall. 2. Permitting Activities. Driesenga, J.F New and Tom Joiner will be working with Lakefront to prepare the application for the seawall and work witb the MDEQ and ACOE to approval. They will hill on an hourly basis. 3. Contract Review. Prior to the execution of any contracts by Lakefront LLC for services for which Lakefront expects reimbursement from the City, Lakefront LLC will forward a copy of such contract to the City Director of Planning and Economic Development for review. At this time, we are not submitting any other scope of work for which Lakefront will be looking for reimbursement. Please review this letter and advise if it is acceptable to the City and we will proceed accordinsly. lfyou have any questions, please call. Christopher L. Ke! y Direct Dial: 231-122-5414 Fax: 231-722-7866 Email: clk@parmenterlaw.com c. Lakefront Members Cathy Brubaker Clarke Mohammed Al-Shatel Member& John M. Briggs, 1H •1 Anna Urick Du!)glns ,, W. Brad Groom ;; G. Thomas Johnstm :1: George W. Johnson Linda S. Kaare Christopher L. Kelly ,, Scott M. KnowttQn u Kellh L. McEvoy ;.; Willlam J. Meier Michael L. Rolf · James R. Scheuerle :~ John C. Schrie, m Scott R, Sewiek 0 Ph\llp M. Stoffan G2-17-G3 14:09 JFNew 5 ID=6168479979 PG2/17 m U3 Army Corps of EnginHl"S. (USACE.) Michigan Dep;irtmont of Environ.mania! Quallly (MDl:.Q) PEfil. P1evklus USACE Permit or File Number Land and Water Management Division, MDEQ Fi!e Number UJ m ~ "' ::, tz UJ C) USACE File Number ,.- 1~ ~-- M¢irina Operating Permit Number f'ee reuilv41d $ z n C -< CII .:c m • Prinl In black or blue Ink and complete all item• ,n Sections 1 through 9 and those items ,n Sections 10 through 21 that apply lo your proposed proIect. ill PROJECT LOCATION INFORMATION • Refer lo v9ur property's legal description for the Township, Ranae, and Section information, and vour oron,nv_tax bill for vour Pro,,.rtv Tax ld.~nlificalion Number/$). __ Address Township Name(s) J Township(s) J Range(s) [ Seclion(s) u;w Western/ Terrace Avenue CityNillage -·-- County(ies) Property Tax Identification Number(s) --10N 19 Muskegon Muskegon 24-205-554-0001-00 Name ofWaterbody Project Name or Job Number Subdivision /Plat Lot Number Private Claim Muskegon Lake Shoreline Dr./ n/a n/a n/a Lakefront Develooment Project types bl private ~ public/government u industrial U commercial bl mullefami~ (chock •II that apply) 0 building addition 181 new building or slruclura D building renovation or restoration 0 river restoration O single-family 0 other .(•x~tain) . The proposed project is on, within, or involves (check all that apply) 0 a legally established County Drain (dale established ) Oaslream O a pond (less than 5 acres) r8J a Greal Lake or Section 10 Wate,s D a natural rivfir 0 a river 0 a channel/canal 0 a designated high risk erosion area Oadam 0 a structure removal 0 a dttch or drain r8] an inland take (more than 5 acres) 0 a designated criicat dune area r8J a welland O a utility crossing 0 afloodway area 0 a 10().year floo<fplain D a desi.Qnated environmental area r8J 500 feet of an existing watarbodv 1:1 DESCRIBE PROPOSED PROJECT AND ASSOCIATED ACTIVITIES, AND THE CONSTRUCTION SEQUENCE AND METHODS • Attach separate sheets, as needed, including necessary drawings, skelches, or plans. See Attachments I APPLICANT, AGENT/CONTRACTOR, AND PROPERTY OWNER INFORMATION • The applicant can be either the property owner or the person or company that proposes to undertake 1he activity. • If the apP-licant is a cor~oralion, both the comoratiori and it's owner must provide e written document authorizing the agenlfcontraclor to aet on !heir beh<1lf. Applicanl (individual or corporate name} AgentlContractor (firm name and conlact person) Citv of Mus~egon JFNew (formerly Resource M<1na9ement Grouol Mailina Address 933 Terrace Street Mdress P.O. Box 487 City Stale Zip Code City State Zip Code Muskegon MI 49443 Grand Haven MI 49417 Daytime Telephone Number with Area Code Daytime Telephone Number with Area Code Please contact agent (616) 847-1680 Fax E-mail Fax E-mail Please conta,ct aoent (616) 847-9970 mikeh@natureconsult.com Is Iha applicant the sole owner of all property on which this p<oject is to be con,trucled and all property involved or impacted by this project? ~ No u Yes (II No, p,uvide a letter s~nad by the property owner authorizing the agenVcontraclor to act on his or her behalf or a copy of easements or right-of-ways. II mulliple owners, l'.l!eate attach all DfODertv owners' names, mailino addresses, and teleohone numbers.) Property Ownets Name (If different from applicant) Mailing Address La,kefront Develooment LLC 175 W. An.,le Daytime Telephono Number wilh Area Code City State Z1p Code Please call aoent Michael Haves. lFNew Muskeaon Ml 49443-0786 ~ PROPOSED PROJl:CT PURPOSE, INTENDED USE, AND ALTERNATIVES CONSIDERED (Attach additional sheets if necessary) • The purpose must include any new development or expaniiion of an existing land use. • Include a deecription of alternatives consideted to avoid or minimize resource impacts. Include factors such as. but not limited to, alternative construction lechnologles; alternative project layout and design; altema1ive locations; loct1\ land use regulations and infrastructure; and pertinent envlronmental and resource issues. • For utility crossings, include bo\h alternative routes and a!temative construction methods, See Attachments Jolnl Permit App!ioatiOn Page 1 of7 fobniary 2001 e2-17-G3 14:ee JFNew s ID=6!6847997t-l P!l3/l7 11£.W !JS Army Corps @f Englnoots (USACE) Michigan Department of Envlronm&ntal Quality (MDl:Q) DGtl § LOCAllNG YOUR PROJECT SITE • Provide the requested intormalion listed below that will help staff in locallng your project site. '• At1ach a cl'Y\v of a mao. such as a o!at, countv, or USGS toooaraohic mao, ctearlv showina the site location and include an arrow indicatino the nor1h direclion. Is there en access road to the project? O No [81 Yes (If Ve,, type ot road, cheek all that apply) D private ~ public D improved D unimproved Name of roads at closest main intersection Business Route 31 and Eastern Ave Directions from main interstietion From Apple Ave, west to BR31, north on BR31 to Eastern, west on Eastern to Western, north on Western one block to entrance on west side of road. Style of house or other building on sile D ranch D 2-sto,y D cape cod Obi-level D collage/cabin D pole barn D none D other (describe) Color Color of adjacent property hOuse and/or buildings House number Address is visible on O house D garage O mailbox O sign D other Slreel name Fire lane number Lot number How can your site be identified if lhere is no visible addrMs? Old industrial site with fenced boundaries. Provide directions lo lhe proje,t site, with dtstances from the be91 and nean,sl ~Sible landmark and waterbody Does project cross boundaries of two or more political jurisdiclions? (Cityrrownship, Township/Township, County/County, elc.} [8J No D Yes (If Yes, list 1urisdiclion names.) ~ list all other federal, interstate, state, or local agencies authorizations required for the proposed activity, including all approvals or denials received. Agency Typo ilpp,oval ldenllflcallon numhar D11te applied Date- appl'l>ved I denied If denied, reason for denial MDEQ Part 301, 01-61-0048-P 6/22/01 2/27/02 303 modified: 9/5/02 fl If a nermit Is issued, dale activity will commence IM/DfY\ A5AP Pro~sed com,eletion date lt-ND/Yl ASAP Has any construction aclivity commenced or been completed in a regulated area? !QI No LJ Yes Were the regulated aclivities conducted under a MDEQ permit? If Ye$, identify the portion(s) underway or completed on drawings or D No Yes • attach project •e•cifications and give comiietion dalfils) (M/D/Y). "Yes list the MDEQ eerm,t number Are you aware of any unresolved vio!atlons of environmental law or litigation involving the property? ['.8J No D Yes (If Yes 1 please e:xplain) .t PUBLIC NOTIFICATION (Attach additional sheels if necessa,y) • Comp!eIe information for au adjacent and impaciec1 property owners and the lake agsociation or eslablished lake board including !he contact person's name. • If vou own the adIacent lo!. crovide the reouesled information for the first adjacent ~arcel be~and :t:Our proeertx line. Property Owner's Name Mailing Address City State Zip Code Terrace partners LLC 74 E. Long Lake Rd Bloomfield Ml 48304 Hills Dudley Corporation 2920 Business One Dr Kalama;z;oo MI 49001 Westwood Management Associates 900 Third St Muskegon MI 49440 . Muskeqon Raa and Metal Comoanv PO l:lox 146 Muskenon Ml 49443 Name of LJ Established Lake Board D or Loke Association Malling Address City State Zip Code and the Contact Person's Name Telephone Number 1J APPLICANT'S CERTIFICATION READ CAREFULLY BEFORE SIGNING I am applying for a permit(s) lo authorize the ac1ivities desctibed herein. I certify that I am familiar with !he information contained !n lhis application, that it is true and accurate, and, to the best of my knowledge, is in compliance with the State Coastal Zone Manag,ment Program and tho Naflonal Flood Insurance Program. I understand that Ulere are penalties for submiuil1g false infoITT1ation and that any permit issued pursuant to this application may be revoked if information on this application Is untrue. I certily thal I have the authority to undertake the activities proposed In this application. By signing this application, I agree to allow representatives of lhe MDEQ and the USAGE to enter upon said property in order to inspect the proposed activity site and the completed project. I understand that I must obtain all 0Ihe1 necessa,y local, county, state, or federal permits and thal lhe granting of other permits by local, county, state, or federal agencies d~s not release me from the requirements of obtaining ~M,_n_'lit requested herein before commencing the activity. I understand that the e~ment of the application fee, does not guarantee the issuance of a permit. • All applicants must complete all the ilems in Sections 1through 9 on pages t and 2 of this application. • Complete loose items in Sections 10 through 21 lhal apply to your project. It~ nemsa,y to submit only those pages where you have provided information. • Please list here the applic~tion page numbers being submitted and a brief description of othet attachments included with your applicalioo. '"u Property Owner [8J AgenVContraclor Printed Name Bryon Mazade, City of ••---••-~w D Corooration - Tille Muskeaon Sionatun, Dale 1h:Jo3 r . Joinl P,nmil Application Page 2 of7 Februa,y 2001 G2-17-G3 14:Gl JFNew 5 ID=616847997e Pe4/17 lb:tl US Armv Corps: of Engineers (USACE) Michigan Department of &nvlronmental Quallty (MDEQ) D€~ 1J!1 PROJ~CTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM OR A GREAT LAKE • Check boxes A through N that may be applicable to your project and provide the requested information. , If your project may affect wetlands, also complete Secloo 12. If your proIect may impact regulated floodplains, also complete Section 13. • Provide an 011era1I site plan showing existing lakes, streams, wetlands, and other water features; existing stroctures; and the location of all propo$ed structvres, land change aclivities and soil erosion vnd sedimentation control measures. Please review sample drawings for guidance in completing sita--specific drawings for your project. • On a Great Lake use /GLD 85 IZI surveyed D converted from obsecved still waler elevation. On inland waters, D NGVO 29 D local datum D other Observe<! water elevation'"' • date of obsecvation IMIDIY\ ·- _ l!SJ A, PROJECTS REQUIRING FILL (See All Sample Drawings) • To calculate volume in cubic yards (cu yd), multiply lhe average length in feet (ft) times the average width (ft) Umes the average depth (ft) and divids by 27. • Attach bolh clan and cross-section views to scale showinn maximum and average fill dimensio11s. (Chock all that apply) ~ floodplain fill l2J wetland fill Oriprap 121 seawall, bulkhead, or revetment 0 bridge or culvert D boat launch off-shore ~-~im area D beach sandina Oboatwell n crib dock Oother. Fill dimensions (ft) Fill volume (cu yd) Maximum water depth in foll area (II) Lenglh See Attachments/graphics width ' See See Attachments/graphics mexi~um deoth Attaehrnents Will n"er fabric be used under proposed fill? Tune of clean fill n oea Slone "" ·~~d - • oravel • wood chips D other [8] No l2l Yes rtr Yos. t"=' Source of clean fill rJ~~!)-site, If on-site, snow location on site ~Ian r8'.l commercial n other lf~9ther attach clescri~lion of location 1 1 Fill will extend I see attached ara ahics I reel into lhe wa1erfrom Iha shoreline and uolond ( see attached araahics) feel oul of !he water. ~ B. PROJECTS REQUIRING DREDGING OR EXCAVATION (Seo All Sample Drawings) • To calculale volume in cubic yards (Cu yd), multip~ the average lenglh in feel (ft) Umes lhe average width (ft) times the average depth (ft) and divide by 27. • Attach both plan and cross-section views to scale showing maximum and average dredge or excavation dimensions. • The annlicant will be notified if se~menl samelin9 will be reguired. (Check all th al apply) l2J floodplain excavation U wetland dredge or draining [81 seawall, bulkhead, or revetment 12] navioation n boa/ well D boal launch 17other Dredge volume (cu yd) Method and equipment for dredging Uoland:857 CYDS Bottomland:6~.6 CYDS Mechanical Has pIoposed dredge matonal bsen lesle<I forconlaminanls? D No l3l Yes (If Yes, attach tesling results) -Has this same area been previously dredged? [81 No D Yes (If Yes, provide dale and permit number,~ available) (M/DIY) If Yos, are vou oronosinn 10 enlame the oreviousl dredged area D No D Yes Is lono-term maintenance d1edninn ntanneo? [81 No D Yes llf Yes, when and how much?) XI C. PROJECTS REQUIRING RIPRAP rsee Sam•le D1awin9, 2, 3, B, 12, 14, 17, 22, and 23. Othe/S mav aoolv) Dimensions (ft) Volume (cu yd) Riorao wateiward of the M shoreline OR "" ordin~[Y.,!lj~h weter mark lenqth 1144 width 10.25 denln 1,5 652 Dimensions (ft) Volume(cu yd) Rinran landward of then shoreline ORO ordina,v hioh vrat•r mark length 1144 widlh 12,75 deolh 1.5 810 Type of r,prap O field stone l2l angular rock D other Will fl/ter fabric be used under orooosed riorao? D No [81 Yes /If Yes,"'=' Nan-woven aeotextife XI o. SHORE PROTECTION PROJECTS /See Samole Drawinos 2. 3, and 17) (check all that apply) D riprap rgj saavrafllbulkhead 0 ravotmenl 1 E. DOCK· PIER· MOORING PILINGS /See Samole Drawino 11)1 ,.,_,., -~-"••·- Tvne 1 1 onen rile 1 1 filled 1 1 crib Seasonal s/ructure? [;J.!JP._D Yes Proposed st111cture dimensions fft\ lenalh widlh Dimensions of nearesl adiacent slrucluras (ft\ lennlh widlh 1 f. BOAT WELL {No Samnle Drawino available\ Tvoeofbankstabililatioh 1 1 wood I isteel f7conerele I7vinvl I in· rat> 1 1other Boat well dimensions (ft) Number of boats lenoth width deoth Volume of backfill behind Distances of boal we// sidewall stabilization (cu vd\ from adiaceol orooenv lines lft\ 1 G. BOATLAUNCH {No Samnlo Drawino available\ ' (check all that apply) D new D existing D pu~lic Q_Jrivale D commerc;aI Type of matedal D coocrele D wood D stone D olher Overall boa! launch dimerisions (ft) Boal launch dimensions (ft) below ordinary high waler mark -·- Length width depth lenolh width deo/h Distance& of launch Number of skid pier, j Slid pior dimensions (ft) from both oro• ertv lines fft\ width leo• ih 1 H. BOAT HOIST /No Samole Drawino available! (Chock all that apply) D seasonal D permanent D cradle D side lifter OotMr I localed on D seawalr Qdock 0 bottomlaods 1 I, BOARDWALKS AND O~CKS IN WETLANDS OR FL!)ODPLAINS !See Sample Drawinas 5 and 6\ (Check all ih&t apply) 0 boardwalk 0deck D wetlands noodplain • I Boardwalk or deck IS on O fill D p1fing Page J of7 February 2001 Joint PAtrnit Applicatior\ G2-17-G3 14:Gl JFNew 5 ID=616847997!l PGS/17 ~ u:;; Army Corps of Englneern (USACE) Mlchlgtui Oepartmont or En'lironmenhll Quality (MOEQ) DE(\ ,,. Continued • PROJECTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM OR A GREAT LAKE . 1 J, INTAKEPIPESISeeSamP.J.eDrawinq 161 • •0UTLETPIPESIS.eSamole0rawinq22\ If outlet pipe, discharge is to W wetlar'ld D inland lake Tvne D headwall D end secoon O pipe D other n stream, drain, or river D Greal Lake D"-"ot,che,,r_ _ _ _ _ _ _-a f---,,D!'im"'ensions of headwall OR end section (ft) --- I Number of pipes Pipe diameters and invert eiavations lenqth width depth U K. MOORING AND NAVIGATION BUOYS (No Sample Drawing available) • Provide an overall site plan showing lhe distances between each buoy, dis!anoes kom the shore to each buoy, and deplh of water at each buoy in feat. • Ptovide cross--section drawinats\ showinn anc:hq_~!~.9·~•:~,cs:,:te"m"1is=la,,,nd,_,dc,im"'e"n"si"'an"is'c._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - - - - - - - ~ Number of buoys I Type of anchOr system Purpose of buoy 1--~---~-½.-,------. n mooring,-=O~-"n"ov"''io"'at,::iO::.,n_ _ _ _ _= - ~ = - - - - - - - l Dimensions of buoys (ft) Do you own U,e property along the shoreline? D No D Yes width heiohI flf No, vou must orovide an auUiorization letter from tho aronertv ownerlsll U L, GROINS (No Sample Drawing available) • Prav~e an overall sile plan showing lhe distances (ft) of the outermost groins from the property lines, d;srances between groins, length and widlh of eech groin, and the distance from lhe ex,sting toe of the bluff lo the lakeward end of the groins. • If existing groins are located on adjacent properties, provide distances (ft) from closest neighboring groin to your property llnes on the site plan. Provide eross-$ecfion views showing the length and height of each groin and the height of groin ends above the observed water level (date and time). If step down tvne, show the heiaht of each section above the observed water level. Number of groins I Type of groin Will groin be placed on a foundation? D No err.-, (If Vos, dimensions of D sIeel D wood D other fOIJ~dation (ft)) length widtlJ _., _ __:h,,:ei:,:·0Ihe:,!_ _ _ __, ~ M. FENCES IN WETLANDS, STREAMS, OR FLOODPLAINS (No Sample Drawing available) • Provide an overall site plan showing the proposed fencing through wetlands, streams, or floodplains, • Provide drawina of fence orofite showina the desian dimansion, l'll'l$l soacina, board soacina, and distance from oround to bottom of fence (if in a floodPlain), (chock all that apply) I Total length (ft) of fence through I fence height (ft)I Fence type and material D wetlands O streams O floodnfains ~!lands streams floodofains u N. OTHER. e.g., structure removal, marine railway, low sand trap wall, breakwaler1 and structural roundalions: in wetlands or floodplains u • CONSTRUCTION OF A NEW LAKE OR POND !See Samele Drawi""S 4 and 15j,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Which best describes your proposed waterbody use (check all that apply) -• wlldllfe D stormwater retention basin D stormwater detention basin D recreation D wastewaIer basin D other Waler source for lake/pond n grounrtwalet n natural spJ!!)9~_1;] Inland Lake or Sf1eam D stormwater runoff D pump D sewage • D other Will oroiocl involve construction of a dam, dike, outlet control structure. Of so/I/way'? D No D Yes /If Yes, comnlote Section 171 ~ACTIVITIES THAT MAY IMPACT WETLANDS , For information on the MDEQ's Wet/end Assessrne.o! Prl'll@.m, olease visit the LWMD ...,.b,ite or call 517..241.6485. (cheok all Ihat apply) 0 fill (Sec1ion 10A) D dredge oroxcavation (Sec1ion 106) u boardwalk or deck (Section 101) ec-c-----~n'-½l"'en•ces (Section 1OM) D bridoe, and culverts (Sec1ion 141 D drainina surface water n other Has a professional wetland delineation been conducted far this parcel? LJ No L?St Yes (If Yes, please Applicant purchased propony orovide a coov; if federal method was used, SU""'" data sheetsi D before OR n after October 1 1980. _ _ _ _~, Has the MDEQ conducted a wetland assessment for th,s oercel? 1'x1 No n Yes Qf_~..~,.P!.~~"''°""v"ldoce.::•:,:co,,,'"='----------------a Describe the weUand impacts, proposed use or development and efforts to avokl/minimize impacts. Wetland fill is 11roposed in compliance with MDEQ-approved Remedial Action Plan to cap this contaminated site Is any grading or mechanized land clearing proposed? l<SJ No Yes u Has any of lhe proposed grading or mechan12ed land clearing been completed? flf Ye&, olease show locations on sIle alan\ D No n Yes flfYes, otease label and show toca!ons on site nlan\ • Complete lhe wetland dredge and wetland fill dimension information for each impacted wetland area. Attach addi!ional sheets if necessaiy and label 1he impacted welland areas on a site plan drawn to scale. Please attach at least one typical cross-section for each wetland dredge and/or fill area. (See Sample Drawings 8 & 9) • Also complete Section 10A for fill and Section 108 for dredge or excavation activities. • If dcedoe material will be disoosed of on sile, ote~se show the location on site olan in an VJJland area ~nd include soil erosion and sedimentation control measures, Welland dredge maximum length (ft) maximum width (ft) dredge area average depth (ft) dredge volume(cu yd) dimensions h acres n so ft Wetland fill maximum length (ft) maximum width (ft) fill area 0,56 average depth (ft) fill volume(cu yd) dimensions 1033 68 l'v1 acres "so ft 4 2.240 Tolal welland dredge area Total wetland dredge volume (cu yd) " acres n so ft Total wetland fill area 0.56 Total wetland fill volume (cu yd) r;ii acres n so ft 2,240 The proposed project will be serviced by GJ public sewer If s@ptlc system, has application been made to lhe If Yes, has permlt been issued? D private septic system (If septic system, show existing and County Health Department for a perm,!? D Na O Yes D No O Yes (If Yes, provide copy) new or ex.oanded svstem on o!ans) Joint Pgrmit Application Page4o(7 February 2001 e2-17-e3 14:&2 JFNew s ID=616847997e PeG/17 WI US Army Corp& of Engin&ars (USACE) Michigan Dopattmont of Environmenlltl Quality (MDEQ) DIE!il WFLOODPLAIN ACTIVITIES (See Sample Drawing 5. Others may apply) • Plea$e attach additional sheets with the reauested informaliM when multiole floodolain activilies are included in this ant1lication. (check all th8t &pply) [ZJ fill D dredge 0 welland impacts • other not-~-.regulated ~- under Part 31• see attached letter. Site is feet above D 01dinary high water mark (OHWM) OR O observed water level , Date ofobservation (M/D/Y) Fil! volume be!ow the 100-year j Compensa~ng cu1 volume below the floodolain elevation lcu vdl 100-vear floodnlain elevation lcu vdl 11,1.11BRIDGES AND CULVERTS (Including Fool and Cart Bridges) • P1ovide detailed site-specific drawings ot existing and proposed Pion View(Sample Drawing 14A), Elevalion View (Sample Drawing 146), Stream and F/oodp/aln Cross-Soc/ion (Sample Drawing 14C), Stieam Profile (Sample Drawing 140) and Floodplain Fill (Sample Drawing 5) at a scale adequate for detailed review. • Provide the requested information that applies to your project If there ls not an existing structure, leave the "Existing'' column blank. • If you choose to have a Licensed Professional Engineer "certify" that your project will not cause a ~harmful Interference· for a range of flood discharges up to and lncluding the 1oo.year flood discharge then you mus I use lM •Required Certification Language", A copy is available on our website under ~Permit Applica\ion" or you may request a copy by phone, email, or mail. A hydraulic report suppor1ing this certification may also be required. • Please attach additional sheets with the reouested inform~pn when multlo!e crossin s are included in this an~!ica!ion. Existing Proposed Existing Proposed ,. Culvert tyl)e (box, circular, arch) and material Bridge span (length perpendicular to stream) tcorruaated metal, timber, concrete, etc.) OR colvert n width D diameter rm Bridge typo (concrete box beam, timber, Bridge width (parallel to stream) concrete I-beam, etc.) OR culvert lenath fftl Entrance design Bridge rise (lrom bottom of beam to streambed) OR {oroieclino, mitered wingwaJ[s, etc.) Culvert rise mom too of culven to weambedl /ftl Total structu.. wateiway opening above ,t.. ambed Isa fil ... Higher elevation of U culvert Upstream Upstre•m D elevation o~ culvert crown inver1 OR D streambed within D bottom of bridge beam (ft) Downstream culver1 (ft) Downstre"rn Elevation of road grade at structure (ft) Distance from low point of road Elevation of low point in road (ft) ... to mid-noint of bndae cro,sino /ft\ Cross-sectional area ol primary channel (sq ft) I Average stream width at OHWM (See Samole Drawina 14C\ outside the influence of the st,ucture (ft) uostream downstream Reference datum used (show on plans with description) • NGVO 29 • /GLD 85 (Groat Lakes coastal areas) Olocal ., .....~---~-~. ,, High water elevation-describe reference point and highest known waler level above or below reference point and date of observation, 1:JSTREJ\M, RIVER, OR DRAIN CONSTRUCTION ACTIVITIES (No sample drawing available) • COmpleIe Section 10A for fill, Section 108 for dredge or excavation, and Sec1ion10C for riprap activities. • If side casting or other proposed activities will impact wetlands or floodplain,, complete Seciions 12 and_ 13, respectively. • Provide an overall sile plan showing existing lakes, streams, wetlands, and other w~ler features; existing structures; and the location of au proposed structures atld land change a<:tivilies. Provide cross•section (elevation) drawings necesiary lo clearly show exis!lng and proposed conditions, Be sure to indicate drawing scales. • For activities on leaayy established count(!_rains_, !}rovide prlgjnal design and proposed dimensions and elevationi, (check all that apply) 0 maintenance D improvement 0 relocation D enclosure 0 new drain D wetlands Oolher Dimensions (ft) of existing stream/drain channel to be worked on. Length width depth Dimensions (ft) of new, relocated, or enclosed stream/drain channel. lenglh width depth Existing channel average water depth in a normal year (fi) I Proposed side slopes (ver1Ical / Mrizontal) How will slopes and bottom be slabilized? Will old/enclosed stream channel be backfilled to top ol bank grade? D No D Yes If an enclosed structure is proposed, check type? D concrete D corrugated metal .,.,~ ..- • plastic 0 Olher ·•·'-'-" Will spoils be disposed of on site? D No D Yes (If Yes, show location of spoi~ on site plan in an upland area,) Reference datum used (snow on plans with description) 0 NGVD 29 D /GLD B5 (Great lakes coastal areas) D local Relerence datum used (show on plans with descrtption) D NGVD 29 • /GLD 85 (Great lakes coastal areas) D local Joint Permi1 Application P<19e5of7 February 2001 G2-17-G3 14:G2 JFNew 5 ID=6!6847997'1 PG7/17 ATTACHMENT A Additional Comments-Application (see corresponding Section numbers) 2. Describe Project and Associated Activities • Construct 1590 linear ft. of steel seawall (including two SO-foot returns) for shoreline stabilization. Seawall to he placed immediately lakeward of existing, deteriorating waH in most places (see graphics). • Excavate 857 cubic yards of upland material (to create new bottomland), and 666 cubic yards of material below the ordinary high water mark (for navigation) for a total of 1523 cubic yards of material (to be used on site as part of backfill). • Place 3400 cubic yards of material (dredge spoils and clean fill from a commercial source) behind proposed seawall as backfill. • Install 750 linear ft, (30 cubic yards) ofriprap lakeward of the proposed seawall as toe stone to enhance habitat. • Place 1144 linear ft. {1462 cubic yards) ofriprap along eastern shoreline of site for shoreline stabilization and containment and place 2240 cubic yards of clean fill from a commercial source in 0.56 acres of existing wetland to complete MDEQ approved Remedial Action Plan for site Describe Construction sequence and method. Seawall will be installed directly waterward of existing seawall along most of its length. The project purpose includes removing 3 existing, 90-degree angles. In these places, cuts through the existing wall at the lakeward point would be made and the proposed wall installed landward of the existing wall at this location. Following installation, the walls would be backfilled using material mechanically excavated from the lakeward cut and capped with material from a commercial source, consistent with requirements established under the Remedial Action Plan. The eastern portion of the site's shoreline will be modified and recontoUied consistent with the Remedial Action Plan. Silt fence will be installed along the ordinary high water mark, and fill used to cap the site will be contoured as illustrated by the enclosed drawings. Riprap on non-woven geotextile fabric will be installed along the shoreline at a 2 to I profile. 4. Proposed Project Purpose The project purpose is to repair a deteriorating seawall and otherwise stabilize the existing shoreline to facilitate containment of hazardous material on this brownfield redevelopment site. The proposed shoreline stabilization and fill are in response to ongoing clean-up activities at this site. These activities are consistent with the Remedial Action Plan developed through MDEQ's Remediation and Redevelopment Division. This proposal addresses the reuse of this property under the already-approved Planned Unit Development by the city of Muskegon 5 ID=616847997~ P98/17 Installation of the new seawall replaces the existing seawall that is structurally unsound. The new seawall and shoreline stabilization is meant to contain the proposed fill necessary to cap the site, and is part of the remediation efforts funded for this property. The proposed orientation of the new seawall straightens the shoreline and removes 3 existing, 90-degree angles at the shoreline. The existing right angles act as debris catchment zones, are more susceptible to wave action, and are vulnerable to winter ice pressure, increasing maintenance costs to the public. The new shoreline will also facilitate the proposed boardwalk and public access. Intended Use This site is part of Muskegon's SmartZone redevelopment and includes areas for office space, retail outlets, residential housing, and public use, including open space and access to the waterfront using a community boardwalk. Earlier phases, already permitted, have allowed for the realignment of Shoreline Drive and associated bike trnil, as well as the development of the Muskegon Technology Center, to be operated by Grand Valley State University. The proposed shoreline stabilization is intended to complete the reclamation of the site under the Remedial Action Plan Alternatives Considered Project design must address the Remedial Action Plan and provide for capping the site with clean fill up to or above the elevation 584.8 NGVD (See MDEQ correspondence from Gerald Fulcher, Attachment B). Finished contours are proposed at 585.0 NGVD. Extending the seawall throughout the entire shoreline was considered but abandoned in favor of limiting its use to the western half of the property where most of the area is already contained by seawall. Riprap was proposed for the remaining eastern length of shoreline. Toe stone has also been proposed along the shoreline in front of the seawall as habitat for bentbic organisms. 10. Proiccts Impacting Wetlands (A) Projects Requiring Fill Wetland Fill: This proposal includes 0.56 acres of unavoidable wetland impact to provide the appropriate cap as required under the Remedial Action Plan. This includes 141 7 cubic yards of clean fill from a commercial source and 823 cubic yards ofriprap (see Section I JC for total riprap volumes) for a total of2240 cubic yards of fill in a wetland. See attached graphics for details. Seawall Backfill: Fill areas are irregular in shape and depth. Area I averages approximately 170' X 35' X 8.89' in depth (1960.5 cubic yards). Area 2 averages s !D=6168479971'l P~9/17 approximately 180' X 35' X 6.17' in depth (1439.5 cubic yards). A total of 3400 cubic yards of backfill are proposed. See attached graphics for detail. (B) Projects Requiring Excavation 857 cubic yards of existing upland will be excavated to create new bottomland as part of this proposal. 666 cubic yards of material below the ordinary high water mark in the above location will be excavated for navigation (see Section CC for details). Excavated spoils will be used as backfill, landward of the proposed seawall. Soils at this site have been thoroughly tested and characterized as part of the ongoing reclamation of this site. A map identifying sampling sites and a table indicating levels that exceed established criteria are provided as part of this application. Those levels above the appropriate criteria in the proposed excavation area have been circled. (B) Projects Requiring Riprap A total of 1462 cubic yards ofriprap are proposed as shoreline stabilization. See application form for figures above and below the ordinary high water mark. 823 cubic yards of this riprap is listed as fill in a wetland (see Section !OA). 14. Floodplain Activities The proposed fill in this location is not regulated under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act of 1994. For reference, please see September I 7, 2002 correspondence from Mr. Gerald Fulcher, MDEQ, Attachment B s ID=6!68479971l Pl0/17 JU l J\-LHJV!J!,l't l B STATE OF Mll.'.)-.IJC,;AN DEPARTMENT OF ENVIRONMENTAL QUALITY LAN51NG JOMNtNGI..EA RUSSELL J, HARDING OOVl:'.ANOR OIFIECTOrl September 17, 2002 Mr. Mike Zambetis Resource Management Group P. 0. Box487 Grand Haven, Michigan 49417-0487 Dear Mr. Zambetis: SUBJECT: Parcel C, City of Muskegon Shoreline Drive/Lake Front Development l am returning the check number 6336 for the amount of $100.00 and the application for this project which includes the placement of 670 cubic yards of fill in Parcel C or the Muskegon Shoreline Drive/Lake Front Development project located in Section 19, Tl ON, RI 6W in the City of Muskegon. Based on the information that you submitted all of the till is being placed above the Ordinary High Water Mark (OHWM) of Muskegon Lake. There is no fill being placed in a wetland and no structure in being placed below the OHWM. In addition, the floodplain at this location of Muskegon Lake is not regulared by the Department of Environmental Quality (DEQ). A permit is therefore not required from the Land and Water Management Division under the authority of Part 30 I, Inland Lakes and Streams, Part 303, Wetlands Protection and the floodplain regulatory authority found in Part 31, Water Resources Protection, all of the Natural Resources and Environmental Protection Act, I 994 PA 45 I, as amended. You are reminded that Gerald Heyt of the Remediation and Redevelopment Division has indicated that the entire area within the Lakefront Development site must be covered with at least one foot of clean till at one time and not in a piecemeal manner. It should also pointed out that the US Army Corps of Engineers has revised the 100-year lloodplain elevation at this site to 584.8. While the published JOO-year floodplain elevation in the City of Muskegon Flood Insurance Study is 584.0, it is recommended that the higher elevation of 584.8 be used for any development purposes. Once the area is filled it is recommended that you apply for and obtain a Letter of Map Revision-based on till from the Federal Emergency Management Agency. If you have any questions, please feel free 1o Contact Ms. Holly Stearns at 517-373-4667 or you may contact me. erald W. Fulcher, Jr., P£, C ef Transportation and Flood d Management Unit Geological and Land Management Division 517-335-3172 cc: Mr. Bryon Mazade, Manager, City of Muskegon Mr. Gerald Heyt, DEQ Mr. Luis Saldivia, DEQ Ms. Holly Sterns, DEQ CONSTITUTION HALL " 626 WEST ALLEGAN STRl:ieT • P.O. eox 30469 • LANSINO, MICHIGAN •8909-7ij58 wv,.,w.mlchl9Bn.gQV • (51'1) 373-1170 ~--------~-~l~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~-----. .-.~~~~~~~~~~~~~~--.--~--~\~~~~~~z~~~~~~~=---.---------- -- ~ .,,- "'"',- <t "-"' "' II " r-,....RYERSON APPLE AVE MUSKEGON LAKE (M-4GJ C lJl I.., ti) W. SHERMAN DR 3 m .".., ., <t + <t = 300 f~1~"!w r~~:~~1T:~~9'FOPMffirl~ I II SCALE: I ' DATE, I I .20.02 z f1LE,02O4G7~keicont - ~ ' ' • 6005. Be.aGc:,i, Gr...-.drtaven, Ml 94J7 (GIG)ll-17-IWfa<(.SIG) ll-17-9970 wv.w:.1rj-•-= • • CITY Of MUSJ<EGON MUSKEGON COUNTY', MICHIGN-J SHEET I Of 7 I ,-------------------------------------------------------------------, ~ ' N ~ 0. PROPOSE I PROPOSED SEAWALL SEAWALL [1590'} RETURN (50') =.:,;,.:. PROPOSED RIP PROPOSED SEAWALL RETURN (50') RAF (750') ... 0 ~ JIUSKE.GDH I..4KE '...'"" "co ~;~o: 4 ~SED RIF "' ~ "'c:, II -~... -,,,.~ . . ~.=-~-- --~=:.~ '· -- _REr, SHo, ~=-- -~ MIia:-=~~ -~- -, "' --- £··=-~ /.4~ ---= -------- 71fr._ v < -------- ,---.____ ' I £~ RE!LJCA.ns'D~ % ~';;---- •ti"".s-4!t0 l'>:eA"""c-e--------...--...._____ ~r:}" - ~~ ~~ ------ --"-- '-._ ,, - TERRA.CE Sl'RGET/ () I_ !JiX,s:il '-. . ._ . . _ _ __ _ __11 j, /y ./ /\ \ ;;, '-... LEGEND 3 m " "--••cs, 2 "'.., -------- PROPOSED WETLAND FILL 2,240 CADS IN 0.5G ACRES. Ml PROPOSED fill " 0 "- .. ··----·-- -- ·-· - --------- l±J'- Ml PROPOSED CLJf t'l 0 ~ ~. . . . ~-- e,-,,!m«ur Pboo= <Cor~,1e,,t, w LAl\tJ-KUN I LJtVtLUPMENT LLC FLAN VIEW TION RI GW SECTION I e ..c::b. 3 SCALE, I' - oo· DATE I I .20.02 ~ ~ PROPOSED RIP RAF ~N ~ ;,_ FILE,0204G71akelror,t - EXISTlNG 'NETLAND/ fff'GF~G~~~~•~7~~~}b CITYOf MU5.KeGON PROPOSED 1NETLAN'D ·,4.•-./~e.... CO'II MUSKEGON COUITT't', MICHIGAN SHffi 2 Of 7 IMPACT I 0 ., -c--------------------------------------------------------------, ' MUSKEGON LAKE "- p. PLAN VIEW A-A SCALE: I' = I 00' A I \', Ml "'cn C'- en ,,. C'- PROPOSED CUT OJ - LO LO II PROPOSED FILL '-- A '\ ";, "' ~,,.' 15.4/J ~, -------------- ~ i I CROSS SECTION A-A I EXISTING SEAWALL se SCALE: I' = SCY ""_J 1"2 J... 58J.67 T "' PROPOSED FILL~ ~-- ......... --E)(l5'~RAf'- ' " ......r'RDr'..05EO.::~,EAl/iiAIT. -······-·-+-j--.J-n- __-_=t=-.c:.c;:.--- ----- \.. ! ~1$'.!:fNG--GRADJ;.: 3 ."'.., m ,,. "' "~ : !' < 1 ~ ====:~=1 ""'' -~ C'- ' 6 ~5~"~~! ~~;~Ha!e~~L~~9'7 (GI •l M7 • I ;:,q fo (GIG) ll-47-9970 .,,,.w,ft,et1J,c.r;m T 1CN, RI G.W, SfCTtON t 9 CITY Of MUSKl'GON MUSKEGON COUNTY, MCHIGAN + 7' =1;:;~:=:t==e=w====m=LA~K~E;;FR:;;OrnN;;;:T:;;;:DE~V;:;;E;:;LO~P;;:;M;:,;;EN~T;::;:L:;:;LC;;:::;;:I==N==;-;1,=cA=lE=,AS=S=HCW!==,===;iiI CROSS SECTION A-A DATE, 11.20.02 f1LE:0204G71aketrcnt SHEET 3 Of 71 11 I ['--------------------------------------------------------------------, - .'- 0. PLAN VIEW B-B MUSKEGON LAKf B SCALE: I'= 100 ,,----- I ~' " \ ·, r \ "c- r '° "'"'c- i~ ~ r- ,t co PROPOSED SEAWALL..../ ~------- .~• ---.... ~ 052 _ -"' 1!l II EXISTING SEAWALL..../ ~--Ll - -BM. #5 "' 584~J- c-j - \.-_. - . D~L~~7'~ -s•~- ::-----------J__ .l LEGEND ~- --- --- --J1--. "' CROSS SECTION B-B SCALE: I ' = GO' .,. --~ "'-- PROPOSED FILL ~- "'-. )-- i - - PROPOSED CUT PROPOSED FILL ""' ,., ,~ ,., 3 m JM:r ..., z U1 " -. "'"" ,,.., ,,.., """ """ .... , ~ t'-- _. ~ l:nwor.:~nt+I Pl:anners t Cor,$,lltant-5 600 5. Beil"!',.§rard H~n-. Ml 49417 CROSS SECTION B-B TI ON R. I bl/I SECTrOtf I 9 CITY o' F M••s•••GON • ~=.INew:::::::=======;-;:::;LA::;:::;;::;KE;;;;f;;;:;RO;;:;:N:;;;;T:;;;D:;:;EV:;:;;E;;::;LO;;::;;P;:;::M;;;;EN;:;;;T;::;:L:;:;LC;;::;-;:::I==N===;l-;:::5=cA=L£,=l'S=SH=OWN===:,_ :==== DATE: I I .20.02 f!LE:0204G71akfrcnt •I (61 G) 647-1 bOlH fax (616) 847-eJ970 ~ ! w,w,•••~• V ,...,_ MUSJ;fGON COUNTY. MICHIGAN I SHEET 4 Of 711 I -'"'r--------------------------------------------------------------------, - l l, PLAN VIEW C-C BC MUSKEGON LAKE SCALE: I'= IOCI \ r - __,,,, _,,-_.,/ \ ' _ J_ ~ . _ _.) I l__,,,.,,_..f.,::i r- 0 m _/~ "'.,.r- co ~y.if' -"'"' PR.OPOSED SEAWAH..."< """"' f '/4it ' ----- 'b; ~ ~c•2~ ---J', Q II -- ~~-•-t /:; c;- ~4~J~ EXISTING SEAWALL ---- - ---- --- j' --- ~-/S ________ _/__ _LI ------~c-. - ,----- 1 I --- '/ ~ \_ ~EVLOPMENT SQJ- ---- ---- · LAKEFRONT ---- LEGEND "' CROSS SECTION C-C SCALE: I ' = GO' ..:r= :_,-_- . = a \ - -- . --- -- )__ J PROPOSED CUT -·- - ---- '•• --·--- - - PROPOSED CUT - - PROPOSED fill - -- -"' -- I ., ,, .,c· ···-- ' =EX StlfiJG:GlsA "' -- ~---- "" ·----- ~ Sfs &-Sf.:NNAW:. ~ ~ z PROPOSED GRADE' ..,"- i "'0 jo,H)O '!H~ fr,>00 ,,..,, ,,.., ,,.., ,,.., - . , ., :===~:==:==:n.====1-=.=,,=,;:;LA~Kf;;;f;;;;;~:;;;;O~NT;::;;;:DE;,:V:;;;E;;:;LO~F;;M:;E;;:;N;;:T:;:;LL:;C;::,;:I==N==:;-;1~sc=AL=E,=A5=s=Ho=wN==::;,,I ~ r-- .,... ~ .-11ew fo..,ronment:il FT.anners t: CC11su'.t;;int$ GOO 5. &ao::ln Gr.ind tf.aven. Ml 4514 ! 7 cRoss sEcT10N c-c TI ON RP bW SECTION I 9' ' ' ' • DATE, , , .20.02 FILE:0204G71akefront 1 {i:; IQ 547- I G8& f.ax (lo I G) B,47-'9370 CITY Of MU5l'.EGON ~ ·•w•Jf-- MUSKEGON COUN'TY, MICtilGAN I 5HEE1 5 OF.? II I -'t----------------------------------------------------7 - LD 0. PLAN VIEW D-D SCALE: I' = I 00' MUSKEGON LAKE D "ent- en EXISTING SEAWALL---« r- <t OJ LAKEFRR1, - LD LD II DEVLOPMENT , 1 "' " u "' "'- "'--------- ---- "- 's""-... ' ' ' "-------· ....____ -5ar--.... LEGEND "' CROSS SECTION D-D = 60' ~ ,.....__ ---sa2-.._ -- PROPOSED CLJf PROPOSED FILL --- SCALE: I' PROFO;i_l:D FILL tPROFOSED SEAWALL ::l: !WI-··- ..., ,~r-------~--- ~i~s ~ ~? -~ EXISTtNG GRADE 3 ~ - .I .".., ~ • . I l i l ' ,. ·- [!] l/1 ,..,,, .,.., ,,... ,..,. " ,0 1p.,,,w ....... H+till """' ......... __,.,... ,.,~ "'~ -·-- 'HO, " ~.INew ~ 11 LAKE FRONT DEVELOPMENT LLC • =CALE, K5 SHOWN ~ ~ CRO55 SECTION D-D DATE, 11.2002 l"- E«wonment.al Plar.nel"$ i COr'$.llt.o.11ts T I ON R I GW SECTION i 9 f1LE:0204b713kedr~t. -4 GOOS.~ Gr.andH;;rven,l.ll49'417 ' · , !GIGI 647-100 ,., ISIGia-47-"'970 CITY Of MUSKEGON ;;J -w·J•~-<•• MUSKEGON COUNTY, MrCHIGAN I SHEET G OF 711 I -',.. ,------------------------------------------------------------------~ - r------ PROPOSEO RJP RAP - 0. FLAN VIEW E-E SCALE: I'= 100' 1 AT 2,J SLOPE PROPOSED CUT PROPOSED fl LL RIP RAP Dl:TAIL ",..en -- .::,a, ___ SCALE: I'= IO' ,..en <t PROPOSED RJP RAP -S.!J,;,.__ .._ I __ _ 0:, -"'"' ~ EXISTING WETLAND/ - '- ___. PROPOSED II WETLAND IMPACT "' LENGTH OF PROPOSED RIP RAP: I I 44Lf VOLUME Of PROPOSED RIP RAP: I 4G2 CYDS LAKEFRONT DEVLOPMENT EJ BM #2 584.04 0 '\ "-s: CROSS SECTION E-E "'.e, \ "' SCALE: I'= W PROPOSED GRADE--------. ,. ... I EXISTING WETLAND , ,. PROPOSED fl LL-..__ ·------ ""' ,,. - ------ --- --- --·------ ···-- ----- -- ---- ... -- ---- --· .. ,8·--'r- .. I . r ~OP0SE!rRIP- ' ' - .. ~-. _,._ ,.. -:-t-51: ,PE--L_· .... ..,,_,,, twffllll' ~ EXISTING GRADE~ C N WOVEN GEO EXT[LE FABRIC ' 3 z• ..., r !' ~ 'i i l '. ' i ! ~ ~ "' " -- -- -- -- .. -· ,,.,. 1;1-,.50 ,,. . ,,..,, ,.... "'"' :===~=:===:==:J=~~k!==w====,r.LA7iK~E;;;,F~~O~N;;;;:T~DE;;.:V:;;;E;::;;LO;;P;::;M;:;;:EN:;;T::;:;LL;::;;C;::;-;::I==N:=:;-I;:::X=AL=E,=l>S=SH=ow=N:=:;-i, ~ ~ -i fnv:n:::nmenbl f'J.anner!, 4= CoMsLlt3rrt:s- i;oo 5. Be.aoon Graid Haven. Ml 494 J 7 CROSS SECTION E-E T I CN RI GW 51:CflON I ~ • • • DATE: I 1.20.02 f!LE:02046 7'3kefront , {GIG)1>47- IGOOif.,,(GJ Gi 1>47.gs,o CrTYCf MUS~GON ~ .,.-y,w._fn~i.·= MUSKEGON COUNTY, M1CHIGAN I 5t1EET 7 OF 711 I AGENDA ITEM NO. ~oo 3- I<? f) CITY COMMISSION MEETING 2/25/03 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager February 18, 2003 RE: Former Mall Parking Lot Environmental Assessment SUMMARY OF REQUEST: To approve the hiring of ERM to do the Phase II environmental assessment for the former Muskegon Mall parking lots. FINANCIAL IMPACT: $18,500 BUDGET ACTION REQUIRED: A budget amendment will be required. STAFF RECOMMENDATION: To approve the agreement with ERM. COMMITTEE RECOMMENDATION: None. O:COMMONIDEPTMENT\ADMINIAGNDAFRM JMS - 0 : (MALL PARKING-ENVIRON ASSMT) 02/14/03 16:31 FAX 616 399 3777 ENV. RESOURCES MGMT. ~002 Environmental Resources Management 3352 128'" A venue Holland, Ml 49424-9263 (616) 399-3500 (616) 399-3777 (fax) 14 February 2003 Mr. John Schrier Parmenter O'Toole 175 W. Apple Avenue P.O. Box 786 Muskegon, Michigan 49443 Re: Phase I Environmental Site Assessment Muskegon Mall Parking Lots • ERM, Dear Mr. Schrier: Environmental Resources Management, Inc. (ERM) completed the Phase I Environmental Site Assessment (ESA) tasks in our proposal dated 21 October 2002 at the Muskegon Mall Parking Lot site. This FSA focused on the parking lots located in the southwestern section of the -- mall property. This letter summarizes our findings and recommendations for additional assessment. OVERVIEW OF PHASE I ENVIRONMENTAL SITE ASSESSMENT ERM conducted a site inspection on 29 January 2003 and noted the lots to be asphalt-covered with no indication of environmental concerns (e.g., UST vent or fill pipes, vaults, pits, ponds, PCB-containing equipment, chemical odors, distressed vegetation, waste disposal, or storage areas). Snow was present on the ground surface which prevented a thorough inspection. A person with extensive historical knowledge of the site could not be located for an interview. Ms. Mary O'Connor of the Community Foundation referred ERM to Ms. Sara Rooks, former property manager. Ms, Rooks indicated she had limited knowledge of the site and could not answer questions regarding environmental conditions. ERM has identified certain "recognized environmental conditions (RECs)," as defined by the ASTM Standard E 1527-00, and has prepared a scope and cost estimate to address these RECs. Based upon ERM's review of historic aerial photographs, Sanborn Fire Insurance maps, plat maps, and tax assessor records, the following RECs have been identified: 1. A 1950 Sanborn Fire Insurance map identified a filling station east of 3rd Street and north of former West Western Avenue; three underground storage tanks (USTs) and a pump island were noted; UU 14/US lo: "1 ~'AX 616 399 3777 ENV. RESOURCES MGMT. @ 003 Environmental Mr. John Schrier Resources Page 2 Management 02/14/03 2. A 1950 Sanborn Fire Insurance map identified a filling and greasing station west of the West Clay Avenue and 2nd Street intersection; two USTs were noted; 3. A 1950 Sanborn Fire Insurance map identified a Consumers Power Storage and Automotive building south of Morris Avenue and east of 3,d Street; 4. The 1883 and 1887 Sanborn Fire Insurance maps identified a coal shed east of 3,d Street and north of former West Western A venue; 5. The 1887 Sanborn Fire Insurance map identified a printing and shirt fabric laundry business west of former 2nd Street and north of former West Western Avenue; and 6. The 1883 and 1887 Sanborn Fire Insurance maps identified a hotel laundry area located north of West Clay Avenue and east of 3rd Street. The local fire department was contacted regarding the potential presence of USTs on the site and no records were available. Based upon the above RECs, ERM recommends the following scope for a Phase II ESA. PROPOSED SCOPE OF WORK Initially, ERM would conduct a geophysical survey (electromagnetics and magnetometry) of suspected UST areas (two filling stations). If suspected USTs are identified, ERM would contact you regarding the scope of services to perform proper removal of the USTs, and whether to continue with the proposed soil borings. If no evidence of USTs is located or if it is decided to proceed with the investigation if USTs are present, the attached Table 1 summarizes the proposed scope of work. A total of fourteen soil borings would be conducted with a geoprobe and would extend to the water table (approximately 20 feet below grade). Soil samples would be selected for laboratory analysis based upon PID screening and visual observation. One soil boring would be conducted near the printing and shirt fabric laundry building and one near the hotel laundry area. However, lab analysis of soil samples would only be conducted if visual and PID screening indicates potential contamination. All sampling protocol would be consistent with MDEQ procedures. The Phase II investigation will be summarized in a Phase I and II ESA report, which will include a sample location map, boring logs, tabulated analytical data, and conclusions and recommendations. UV 14/UJ 1": JZ FAX 616 399 3777 ENV. RESOURCES MGMT. @ 004 Environmental Mr. John Schrier Resource& Page3 Management 02/14/03 ESTIMATED COST Based upon the above scope of services, the estimated probable cost to perform the services is $18,500. Only those costs incurred by ERM will be charged, but they will not exceed the estimated probable cost without your prior written approval. To avoid misunderstanding, it should be emphasized that the estimated probable cost is a budget estimate, based upon our present knowledge of the project, which is believed sufficient to cover the services described herein, but no guarantee is made or implied with respect to the actual cost of performing the project. The terms and conditions under the 3 July 2002 ERM/Parmenter O'Toole Master Consulting Agreement will govern this project. Changes in the scope of work that have a material effect on the budget or significantly alter the schedule will be communicated verbally and in writing to you for your approval. SCHEDULE ERM estimates the geophysical survey could be conducted within two weeks of receiving authorization to proceed. The soil boring investigation and report would be completed within three weeks following the results of the geophysical survey. To authorize our services as stated in this proposal, please sign and return the attached Work Authorization form. Please feel free to contact Tom O'Connell at (616) 738-7340 if you have any questions regarding the proposed work. . We appreciate the opportunity to be of service to Parmenter O'Toole on this project. Sincerely, Thomas P. O'Connell, P.E. Principal-in-Charge PMS:rmv /TPO Attachment cc: File ,02/14/03 16:32 FAX 616 399 3777 ENV. RESOURCES MGMT. @005 Env'ironrnental Mr. John Schrier Resources Page4 Management 02/14/03 WORK AUTHORIZATION Title: Phase II Environmental Site Assessment Site: Muskegon Mall Parking Lots Date: 02/14/03 The above-referenced offer to perform services, as outlined in ERM's proposal, is hereby agreed to and accepted. It is further agreed and accepted that if a purchase order is issued in connection with this authorization, the tenns and conditions as contained and/ or referenced in ERM's proposal and/ or contract shall govern unless otherwise mutually agreed in writing, and further that any reverse-side purchase order terms and conditions are hereby expressly excluded. Signature: Printed Name: Title: For: Parmenter O'Toole -----------"--"'==='-"''-"==---------- Date: Purchase Order Number: TABLE 1 0 ,.."''- ...'- 0 PROPOSED PHASE II ESA SCOPE OF WORK "' ,.. City of Muskegon "' Muskegon Mall Parking Lots Muskegon, Michigan "'"' i ,.."' Recognized Environmental Condition No. Borings BTEXffMBs Lead PAHs Metals' voes' "' 1 Filling Station USTs' 4 "'"' "' soil samples 4 4 ...., "' ...., croundwater samples 2 2 ...., 2 Filling and Greasing Station' 4 soil samples 4 4 groundwater samples 2 2 2 Consumers Power Storage/Auto Bldg 2 soil samples 2 2 "' :z -< groundwater samples 1 1 3 Coal Shed 2 "'"' C C: "' soil samples 2 2 irroundwater samples "' Cl 4 Printing & Shirt Fab. Laundry Bldg• 1 " er. soil samples ""' ~ groundwater samples 5 Hotel Laundry Area' 1 soil samples groundwater samples TOTALS 14 12 12 5 2 3 Notes: 1. Michigan 10 metals 2. voes include EPA 8260 Scan 3. A Geophysical Reconnaissance Survey will be conducted in this area. I§ C 4. Will only conduct visual inspection of the soils, analysis of a soil sample will be conducted if visual contamination is observed. C ERM " 2/14/03 02/14/03 16:32 FAX 616 399 3777 ENV. RESOURCES MGMT . 141007 ·• .____, _ _1_1 --...,]1• 10 ... • .. • r,----- i' (111i11J 1l.. ·s £AR$ DCP"l:STORC ... I'. A .If I( • (J N, c. (c: • u1,•11· .,._.,._,-J • ' .' • I ~- 20 .... 15 ~- l5T S1 • p A If K•fl. c.. 564' ,,,e_,i,14-11 (r~••-t:J ,.,,._, (u... ,J . U.J . .fo~'t '., . .,. ll;C<:;w'r: .. ,.,,. ""' . ~ . rt"',,.,..,, fill;...., ,:• 111(1 • Off. {U./ H' 4-C &rV'O'..,. "' . Nl•,JtJ Jl·M·'5·1.J~ ,,,_,u,aJ • St,.,/w', 8 • "'"' 0 l~s,. ~}I{), ::E. srcxcr,cs D £ (" r. STORC ·PAAJ'•O. • N.C. ••fTl'#·U • (c#P;TJ_. ' ' pu: or rtcT; , r ; • . ,. ST. ·~ ... • • ' AGENDA ITEM NO. oloo 3 - t~ rn) CITY COMMISSION MEETING 2/25/03 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: February 19, 2003 RE: Appointment to the Muskegon Housing Commission SUMMARY OF REQUEST: To reappoint Maxine Lenear to the Muskegon Housing Commission. The term will expire January 31, 2008. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the appointment. COMMITTEE RECOMMENDATION: O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0: (HOUSING COM APPT) JAN·l 6·200! 12: 46P~ FROIHIHC 2311129503 T-319 P 001/001 F·79T ~~~'<KEGQN J A L N }PLICATION Please Typt> er PriM, Application• wlll be kept ()II fflli 1br one y,,ar. All applicants oubjecl to a b<tCirgrcund <:Mek, NAME: {IJ s\)( ~ ~~ ~& tJ & <3 f< HoMeAooREss. : &l & w ~v'.c, (Street, City, stole, ip) HOME PHONE#;~ 3 l J&l.$- 9Q L{ / INTEREST IN SERVING: _ _ _ _ _ _ _ _ _ _~ - - - - - - - - - - - - - - - PERSONAL REFERENCES: (:::e the ti:;t name and phone numbers of three porsonal ref..-et1ees) _ ~ 1. rv),;;,e:ov • (Name) nimet -11J-3lfj_.5 (Phone Numbor) 2. 6 !a ,uche:~ \ )fl'(t'-th (Name) () ( 7:Z /., - .2b 26 (Phone Number) 3, Ch.:a R IE:-6 L6 () ( N o m e } h o n e Number) £ 7-- ; 3 r./:2 /'3 PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS YOUR FIRST PREF!:RENCE: ( ) Board of Canvasser.1 \ ) Housing C!Xle Board of Appeals ( ) Board ot Review L j I.) Housing CcmmIssion ( ) Cemetety Committee ( ) lmoge Committee · -. __ _) (~Citizen'$ Police Rovi<W Board ( ) Income lax Board of Review ( ) City Employee, Pension Boord ( ) Land Reutlltzatlon Comminae ( ) Civil Service Commission ( ) Leisure SQrvlc"' Board (31 CO0G-Citizen's District Council ( ) Loan Fund Nw-•rxy Commillae ( ) Conslnl<tian Board of Appeal• ( ) Local Develop. Finance Authorify ( ) Diotrict Libn,ry eoard ( ) Local Officefs Compensation Com. ( ) Do>;.ntown Development Authorily/0rcwnfield Board ( ) Planning Commi••ion ( ) Election commi..lon ( ) Police/Fireman's Pension Board ( ) Er,terprioe Community Citizen Council ( ) PIJblic Rolations Commi!tee ( ) aqua1 Opportunity Committee ( ))Olhel:, Zoning_ Board __ of Appeals _ _ _ _ _ __ ( ) Historic District Cammi,sion ( ) Hospital Flnence Authority • Al!aeh Addttional Sheers er Resume if Desired. Return this fnrm tc; City Clerk's Office, 933 Terroce st., P.O. 80> 536, Muskegon, Ml 49443-0536 RECEIVED RECEIVED 1 JAN 21 2003 JAN 2 4 2003 City Clerks ottice MUSKEGON CITY MANAGER'S OFFICE Date: 02/18/03 To: Honorable Mayor and City Commission From: Brett Kraley, Equipment Supervisor DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase four Ford F-250 Trucks from Tony Betten & Sons Ford. FINANCIAL IMPACT: Total Cost $68,893.92 BUDGET ACTION REQUIRED: None. There is $80,000.00 Budgeted for this purchase. STAFF RECOMMENDATION: Approve the purchase of four Ford F-250 Trucks from Tony Betten & Sons Ford. Memorandum To: Robert Kuhn From: Brett Kraley Date: 02/19/03 Re: Work Truck Replacement The Equipment Division has scheduled the replacement of four Water and Sewer Department trucks for this year. These vehicles are used for a variety of activities including water meter setting, Miss Dig staking and general construction work. The trucks that will be coming out of service as a result of this purchase are two 1988 and two 1991 GMC trucks. I have requested prices from area dealers as well as the statewide purchasing contracts. The bids were very close with only a few hundred dollars separating the three lowest bidders. Attached is a summary of the bids. In accordance with established purchasing policy, I am requesting permission to purchase four 2003 Ford F-250 trucks from Tony Betten & Sons Ford. 1 Equipment Purchase - 2003 Mil!.Qmb CQUD~ G~ill LillS!'Ui E!2lll Dii!.Q:lll[)'. E!2lll IQD)! 61tt10 Jl!!l2 W, LilDliiDg 2!16!! E. Appl1 A:lll aoo1 CQlb)! Sl asal! elaiDfilld !':!IE IH, - T)!pl Qf V1bi!i.ll e1r[)! Mi !l88Z2 M; 4944 WIJillllilll Mi,!ll!!l61 GCilod BilPidl:i Mi !ll!~2~ 2003 Ford F-250 $17,499.00 $17,306.48 $20,295.48 $17,223.48 Delivery $ 120.00 $ - $ - $ - Total Cost $17,619.00 $17,306.48 $20,295.48 $17,223.48 ~oo ~ - ~o-(a.) Commission Meeting Date: February 25, 2003 Date: February 1 0, 2003 To: Honorable Mayor and City Commissioners From: Planning & Economic Development e_,{6e,,,, RE: Public Hearing - Request to Issue an Obsolete Property Certificate - Neighborhood Investment Corporation SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Neighborhood Investment Corporation, Terrace Plaza Ste. 625, 316 Morris Street, Muskegon, Michigan, has requested the issuance of an Obsolete Property Certificate for the property located at 1115-1119 Third Street (former Walt Plant Appliances), Muskegon, Ml. The Obsolete Property District was established October 9, 2002. Total capital investment for this project is $450,000. The project will result in the creation of 15 construction jobs, but more importantly, the rehabilitation and revitalization of a historic building. The plans for the building also include five,'•i-3- bedroom apartments on the second floor, in addition to the office space on the first floor. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution issuing an Obsolete Property District for 1115 - 1119 Third Street, Muskegon, Ml for a term of 6 years. COMMITTEE RECOMMENDATION: None 2/10/03 M1ch1gan Department of Treasury, STC 3674 (8-00) APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is established. This project will not receive tax benefits until approved by the State Tax Commission. INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. {The State Tax Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION UNIT. Clerk must also complete sections14. 15 and 17 on page 2. Signature Application No. Dale This AppI1cat1on Was Received Dale Received TO BE COMPLETED BY APPLICANT (Annlicant, do not write above this line. Beain entries at 1a below. 1a. Applicant (Company) Name {Applicant must be the OWNER of the facility) Important Note: J\T.-..i rrh'h,...., • _, Inv,:::,,c:f-m,....""lf- I '"l +-; ........ If this application form (3674) is not fully completed, it will be b. Compar,y Mailing Address (Ne. and Street. P.O. Box, Ci.y, Stale, ZIP) returned by the Property Tax Division prior to any processing "' - -- D l .,,. t"7"' t::'JC:. 'l1t:: ..... being done by the State Tax Commission g' g~ Ai 1 ..... .1..,....,. c. Location of Obsolete Facility (No. and Street, City, State, ZIP) d. CityrTwp.Nillage e. County 4 111 5 111 9 Third Street.Muskeaon. .. ',. Muskeao 2. Date of Commencement of Rehabditation 13. Planned Dale of Completion of Rehabilitation 4. School Distnct vvnere Facility 1s Located a. School Code 3/1103 8/1 /01 ""••c,,1----- 5. Estimated Cost of Rehabilitation 6. How Many Years of Exemption Requested? <td~n nnn 7. Proiect will have the reasonable likelihood to: (Check one or more) " 8. Legal Description of Obsolete Property ~ increase commercial activity create employment Lot 1 and the West 1/2 half 6a retain employment of Lot 2,Block 367, Revised D prevent a loss of employment Plat of the City Of Muskegon, ~ revitalize urban areas increase the number of residents in the community as recorded in Liber 3, Page 71 , In which the facility is situated Muskegon County Records 7a. Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected constf'l.lction employment: . ~ 9. The following must be provided to the local governmental unit as attachments lo this application: (a) General description of the obsolete facility, {b} General description of the proposed use of the rehabilitated facility, {c) Description of the general nature and extent of the rehabilitation to be undertaken, {d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated f~ei~e~tfhl-j~e schedule for undertaking and completing lhe rehabilitation of the facility, (f) A statement of the economic advantages expected from 10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education Tax. Please check the following box if you wish to be considered for this exclusion: lvl 11. APPLICANrs CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the exemption certificate. It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws: and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission. 12. Name of Person to Contact for Further Information I Tille ITelephone Number .T;anp f'l i nm'l;,n "~~+-<- ,,-; n o rH rPl"'f-~r (2311 7?7 nRno .-.•-•'--- A ..l-1•--- . - Terrace Plaza,Ste 625, 3)6 Morris Muskegon MI 49440 I 13'."T'ype Name of Company Officer f,9,tlJre Clingman-Scot1;-- -__: __ -.J ·--_-__., Tille. •t:;i,,.,....,....,,f-i -,,-,.... ni ..,..,....,....j...,...,... I Date Telephone Number t 711 I 7?7 nRna ; .... , ._~-~-"_•_;:~:-;-··•·c;,,·-t/~ L L ...--•", .·v c,A'· ·J, 't:..> }-- ~l-(·1 :7, *Inf6rmation contained in this application and supporting documentation may be'• lst.J:i~t;;~t' bY review by the public if a Freedom of Information Request is 3674 (page 2) LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting the application to the State Tax Commission. Include a copy of the resolution which approves the application. 14. Action Taken D Date of Action: 0 EXEMPTION APPROVED FOR Years • DISAPPROVED Ending December 31, (not to exceed 12 years) 15. RESOLUTION MUST CONTAIN THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission. • A statement that the local unit is a Qualified Local Govemmenta! Unit. 0 A statement that all of the items descnbed on J1ne 9 of the Application for • A statement that the Obsolete Property Rehabilitation District was legally establ!shed mciuding lhe date established and the date of heanng as Obsolete Property Rehabilitation Exemption Certificate have been provided to lhe Qualified Local Governmental Unit by the applicant. prov1ded by section 3 of P.A. 146 of 2000. • A statement that the commencement of the rehabilitation of the facility did not • A statement indicating whether the taxable value of the property proposed to be exempt plus the aggregate taxable value of property already exempt occur before the establishment of the Obsolete Property Rehab1lllat1on District. under P.A. 146 of 2000 and under P.A. 198 of 1974 (!FT's) exceeds 5% of lhe total taxable value of the unit. • A statement that the application relates to a rehabilitation program that when completed constitules a rehabilitated facility within the meaning of P.A. 146 of • If ii exceeds 5% (see above), a statement that exceeding 5% wiU not have the effect of substantially impeding the operating of the Qualified Local 2000 and that is situated within an Obsolete Property Rehabilitation District established in a Qualified Local Governmental Unit elig1ble under PA 146 or Governmental Unit or of impairing the financial soundness of an affected 2000 to establish such a district. taxing unit. • A statement that completion of the rehabilitated facility is calculated lo, and • A statement that the application was approved at a public hearing as provided by section 4(2) of P.A. 146 of 2000 including the date of the will at the time of issuance of the certificate, have the reasonable likelihood to, increase commercial activity, create employment, retain emp!oymen!, hearing. prevent a loss of employment, revitalize urban areas, or increase the number • A statement that the applicant is not delinquent in any taxes related to the facility. of residents in the community in which the facility 1s situated. The statement should indicate which of these the rehabilitation 1s likely to result in, • A slatement of the factors, critena and objectives, if any, necessary for extending the exemption. when the certificate is for less lhan 12 years, • A statement that the rehabilitation includes Improvements aggregating 10% or more of the true cash value of the property at commencement of the • A statement !hat the application is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A, 146 of 2000. section 2(h) of Public Acl 146 of 2000. • A statement of !he penod of time authorized by the Qualified Local Governmental Unit for comp!et1on of the rehabilitation. 16. ASSESSOR: Taxable Value State Equalized Value (SEV) Current Taxable Land Value and State Buildings Equalized Value of Buildings on Leased Land obsolete properties broken down for: Other Personal Property Year of Values 17. Name of Local Government Body I Date of Action on This Application CLERK'S CERTIFICATION The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way. Further, the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. Signature of Clerk Date Telephone Number I I Clerk's Mailmg Address City ZIP Code Applications received after October 31 may not be acted upon in the current year. This application is subject to audit by the State Tax Commission . . Mail completed Application and copy of Resolution to: State Tax Commission Michigan Department of Treasury P .0. Box 30471 Lansing, Michigan 48909-7971 If you have any questions, please call (517) 373-2408 or 373-3302. PROPOSAL Neighborhood Investment Corporation is proposing to purchase and rehabilitate a building on Third St. and Houston Ave. for a mixed use of residential and office space. The first floor of the building would have three offices of 1,100 square feet each to be used by Neighborhood Investment Corporation and two other nonprofit tenants. The second floor would have five one and two bedroom apartments. The office space was originally used as the retail sales area for Walt Plant Appliances. It is divided into three stalls of approximately 60' deep by 20' wide. There are very high ceilings and plenty of natural light from the street side windows. The space could easily be adapted to three office spaces by installing internal doors to separate areas, creating unisex handicapped accessible bathrooms in each space, and upgrading the heating, plumbing, electrical and cable systems. There are five apartments in the second story of the building; two have 2 bedrooms and three are one bedroom. They are in very good condition with the exception of antiquated or missing bathroom and kitchen facilities. The fayade of the building is the original brown brick with large display windows. It has a number of signs which will be removed and the surface restored. We will retain the display windows but replace the existing glass and security bars with high quality tempered glass. The rear of the building is an unimproved parking lot; this will be paved and marked. We are currently working with Hooker,DeJong to design office space which will be efficient for the users and enhance the streetscape. IMPACT The Third Street Commercial Corridor has been seriously deteriorating over the past fifteen years. Once a thriving retail center with a car dealership, appliance stores and a grocery, the area now has a scattering of retail such as a costume shop, seamstress and convenience grocery. Third Street between Muskegon Avenue and Merril Street is lined on the west side with 1900 era retail buildings with apartments on the second story. At least two of the buildings still are used as low income rentals. The condition of the buildings is marginal and there is not strong interest in the area for retail development. The strongest recent development has been the Mid Town Building which was recently purchased by Catholic Social Services. Third Street is important to downtown development because it forms a southern spur to the central district and it is important to the North Nelson residential area as it is the eastern boundary and major traffic carrier for the neighborhood. At its southwesterly end is the First Congregational Church property which is a beautifully maintained institution. The building Neighborhood Investment Corporation is proposing to develop is the former Walt Plant Appliance store. It is a landmark building on the Third Street commercial corridor and its renovation would have a dramatic impact on the revitalization of that area. It is one block east of Nelson Place and directly across the street from the Mid Town Building. The renovation of this empty building would reinforce and extend these recent neighborhood investments. It would bring three new organizations into the district creating a solid block of office activity and new residential opportunities. This building renovation would have a dramatic impact in the revitalizing of a deteriorating commercial corridor adjacent to downtown, provide affordable office space for non profit organizations and create new housing opportunities for the downtown neighborhood. On the basis of this project, Neighborhood Investment Corporation has been invited to participate in the LISC/ Neighborhood Main Street Initiative as one of five sites in Michigan. Main Street is a commercial redevelopment program based on a four point approach; • Design - Enhancing the physical appearance of the commercial district by rehabilitating historic buildings, encouraging supportive new construction, developing sensitive design management systems, and long-term planning. • Organization - Building consensus and cooperation among the many groups and individuals who have a role in the revitalization process. • Marketing/Promotion - marketing the traditional commercial district's assets to customers, potential investors, new businesses, local citizens and visitors. • Economic Restructuring - Strengthening the district's existing economic base while finding ways to expand it to meet new opportunities and challenges from outlying development. LISC and the Muskegon Arts and Entertainment District Committee will fund a staff position for Neighborhood Investment Corporation for two years to implement the program. The staff person will work with the community to assess current conditions, develop a revitalization strategy, and implement that strategy by securing resources from national and local source. TIMEFRAME The Neighborhood Investment Corporation purchased the building on January 29, 2003 and is ready to begin the building rehabilitation. We will begin the building and site clean up immediately. Buck Construction will schedule rehabilitation activities as soon as permits are approved. We anticipate a three to four month construction period. EXEMPTION CERTIFICATE The economic feasibility of this project is based on the receipt of the Obsolete Property exemption certificate. We would not undertake the rehabilitation of the property without the receipt of the certificate. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. -2-0-0-3.-2 o ( a ) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Neighborhood Investment Corporation. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from Neighborhood Investment Corporation, to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application prope1ty is located was established after hearing on October 9, 2002, being the same date that the district was established. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on February 25, 2003, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, Neighborhood Investment Corporation, is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for six (6) years. I. The City Commission finds that the prope1ty for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of2000 and will be situated within the Obsolete Prope1ty Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the prope1ty at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by February 25, 2004, or one year after the Ce1tificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. Based upon the statements set fo1th in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Neighborhood Investment Corporation, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of six (6) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set fmth at LOT 1 AND THE WEST½ OF LOT 2, BLOCK 367, REVISED PLAT OF THE CIT OF MUSKEGON , the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as fmther condition of this approval, the applicant shall comply with the representations and conditions set fo1th in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Nays: 0 2 CERTIFICATE This resolution was adopted at a meeting of the City Commission held on Febrnary 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 MUSKEGO~ ) By ~ Q_ t(__~ Gail A. Kundinger, City Clerk 3 Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Terrace St., Iona to Peck SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for the Terrace St. Iona to Peck project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To establish the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2 oo 3 - 2 o ( b) Resolution At First Hearing Creating Special Assessment District For Terrace St. Iona to Peck Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on February 25, 2003 at 5 :30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held February 25, 2003, there were 2 s . 2 % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: I. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special ossessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Shepherd and Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected th.at approximately 23.12% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Spataro, Warminton, Buie, Gawron, Larson, Schweifler, Shepherd Nays None CITY OF MUSKEGON By ~gin~ ~ 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 t'1c Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON Gail A. Kundinger, Clerk EXHIBIT A Terrace, Iona to Peck SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Terrace from Iona to Peck (see Attached Map) AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Terrace, Iona to Peck THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 14TH DAY Oz :RUARY,2003. ~0- GAIL A. KUNDINGER, C~ . K SUBSCRIBED AND SWORN TO BEFORE ME THIS f /'t.Y DAY OF 7/Jo F G A , 2003 . ~ ;?{) ~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 'j -;10-~o 6 Potter, Linda. From: AI-Shatel, Mohammed Sent: Wednesday, February 26, 2003 10:12 AM To: Potter, Linda Subject: Terrace & Davis Projects The percentages against are: • Davis .......... 32.38% • Terrace ........ 28.2% 1 ENGINEERING FEASIBILITY STUDY For TERRACE STREET, IONA PECK The reconstruction of terrace street between Iona & Peck, see attached location map, was initiated by the City due to the conditions of the pavement and underground utilities. The existing pavement has deteriorated to a level where, we believe, a total reconstruction is necessary to optimize the use of street funds, this section of road has a Pavement Condition Index of 25. The improvements being proposed, reconstruction, consist of following; 1. Complete removal of existing pavement, including what's left of the curbs & gutters and replace with a new street section that would include curb & gutter of the same width 2. Replace the existing sanitary sewer main along with services 3. Replace existing watermain along with water services A memo from the Assessor's office, which addresses the appraisal and benefit information, is attached. The preliminary cost estimate for the work associated with paving is approximately $336,000 (total estimated cost, including water & sewer, is $690,000) with the length of the project being approximately 1500 lineal feet or 2188 of assessable footage. This translates into an estimated improvement cost of$154 per assessable feet. The assessment figure will be at a cost not to exceed $35.50 per assessable foot as established in the 2003 Special Assessment for this type of improvement. • MUSKEGON COUNTY 173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442 (231) 724-6386 .M CH GAN FAX (231) 724-1129 EQUALIZATION DEPARTMENT • BOARD OF COMMISSIONERS Kenneth J. Hulka, Chair ' Bill Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye ' James J. Kobza Louis McMurray Tony Moulatsiotis Febn1ary 11, 2003 Clarence Siar! Mohammed Al-Shatel, City Engineer ' 933 Terrace Street Muskegon,MI49443 ' Mr. Al-Shatel: 'I In accordance with your request, I have examined the proposed special assessment district entailing the reconstrnction of Terrace Street located between Iona Avenue and Peck Street. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of 'I escheat, taxation, police power and eminent domain. The effective date is Febn1ary 11, 2003. In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrned benefits to the properties encompassed by this I project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed I project. As previously presented, the proposed special assessment district encompasses a mixture of properties, but the front foot rate of$ 35.50 appears I reasonable in light of our analysis that indicates a probable enhancement of $39.77. The conclusions are based upon the data presented within this limited analysis in restricted fonnat, and on supporting information in my files. I Sincerely, I ~ttV\ Dan VanderKooi, CMAE 4 Senior Appraiser TDD (231) 722-4103 • An EEO I ADA/ AA Employer FEBRUARY 14, 2003 OWNERS NAME OWNERS ADDRESS WHITEHALL, Ml 49461 3 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: TERRACE. IONA TO PECK The proposed special assessment district will be located as follows: All parcels abutting Terrace. Iona to Peck It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 25.2003 at 5:30 P.M. You are encouraged to appear at this hearing. either in person. by agent or in writing to express your opinion, approval. or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear. as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $336,000.00 of which approximately 23.12% ($77,677.55) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive. approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through Friday except holidays. Sincerely, /;ll/4 1/4~~~/_ cl~ii{ Mohammed AI-Shatel, P.E. City Engineer Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/ To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON STREET H-1559 TERRACE, IONA TO PECK 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 Birth date Social Security # _ _-_ _-_ _ . ·. ... ·. . . . .. .·• • . . INCOME INFORMATION . ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ • ... . . · ·. . . . .. · ••••••• PROPERTY INFORMATION . . . ..·. . Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) .. . ·.. ·. ·. . . . . OWNER'S SIGNATURE .· • Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The propetiy owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003 . ·. .· . . . FOR OFFICE USE ONLY . APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON TERRACE, IONA TO PECK SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25,2003 Project Title: TERRACE, IONA TO PECK Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 189 Feet Estimated Front Foot Cost: $35.50 per Foot ESTIMATED TOTAL COST $6,709.50 Property Description CITY OF MUSKEGON REVISEO PLAT OF 1903 BLK 221 LOTS 1· 5 & LOTS 12 & 13 Your vote COUNTS! • • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR I AM OPPOSED Owner Signature ----------- CoOwner/Spouse Signature ------------- Address Address Thank you for taking the time to vote on this important issue. PCITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City Commission for the following projects: Terrace St., Iona to Peck and Davis St., Laketon Ave. to Southern Ave. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Terrace St. from Iona St. to Peck St. and • All parcels abutting Davis St. from Laketon Avenue to Southern Avenue It is proposed that a percentage of the cost of the improvement will be paid through special assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON FEBRUARY 25, 2003 AT 5:30 O'CLOCK P.M. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: February 15, 2003 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (23 ! ) 724-6773 SPECIAL ASSESSMENT H 1559 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-219-0001-00 WEIHL RONALD JR/JEAN E ASSESSABLE FEET: 89 1370 TIMBER TRAIL COST PER FOOT: $35.50 @1.0 EAPPLEAVE WHITEHALL Ml ESTIMATED P.O. COST: I $3,159.50 1 24-205-219-0003-00 N & N ASSOCIATES LLC ASSESSABLE FEET: 132 40 CONCORD AVE COST PER FOOT: $35.50 @ 1036. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-220-0001-00 NATIONAL CITY BANK ASSESSABLE FEET: 132 ONE NATIONAL CITY PARKWAY COST PER FOOT: $35.50 @ 1070. PECK ST KALAMAZOO Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-220-0003-00 BETHANY CHRISTIAN ASSESSABLE FEET: 66 1105 TERRACE COST PER FOOT: $35.50 @ 1088. PECK ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-220-0007-00 NATIONAL CITY BANK ASSESSABLE FEET: 66 ONE NATIONAL CITY PARKWAY COST PER FOOT: $35.50 @ 1070. TERRACES KALAMAZOO Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-221-0001-00 MUSKEGON HOUSING COMM ASSESSABLE FEET: 189 1080 TERRACE ST COST PER FOOT: $35.50 @ 1080. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $6,709.50 1 24-205-222-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 80.1 933 TERRACE ST COST PER FOOT: $35.50 @ 1040. PECK ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,843.55 1 2/14/2003 Page 1 of 4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-226-0001-00 YOUNG GREGORY J TRUST ASSESSABLE FEET: 132 1102 TERRACE ST COST PER FOOT: $35.50 @ 1102. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-226-0003-00 HERMAN LOUISE ASSESSABLE FEET: 66 1116 TERRACE ST COST PER FOOT: $35.50 @ 1116. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-226-0004-00 MAY PROPERTY MGMT LLC ASSESSABLE FEET: 66 3947 NORTON HILLS RD COST PER FOOT: $35.50 @ 1122. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-227-0006-00 BETHANY CHRISTIAN ASSESSABLE FEET: 189 1105 TERRACE ST COST PER FOOT: $35.50 @ 1105. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $6,709.50 1 24-205-229-0005-00 FAITH TEMPLE CHURCH ASSESSABLE FEET: 123 1163 TERRACE ST COST PER FOOT: $35.50 @ 1163. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,366.so 1 24-205-229-0010-00 BETHANY CHRISTIAN REFORME ASSESSABLE FEET: 66 1105 TERRACE COST PER FOOT: $35.50 @55.0 DIANAAVE MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-230-0001-00 BUCKNERIRMA ASSESSABLE FEET: 66 1140 TERRACE ST COST PER FOOT: $35.50 @ 1140. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 2/14/2003 Page 2 of 4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-230-0002-00 CLC PROPERTIES INC ASSESSABLE FEET: 66 17 E WHITE LAKE DR COST PER FOOT: $35.50 @ 1148. TERRACES TWIN LAKE Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-230-0003-00 WILLIS BONNIE ASSESSABLE FEET: 132 1164 TERRACE ST COST PER FOOT: $35.50 @ 1164. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-238-0001-00 ROTTIER JAMES ASSESSABLE FEET: 82.5 895 APPLE COST PER FOOT: $35.50 @ 1182. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,928.75 1 24-205-238-0003-00 RISING STAR MISSIONARY BAP ASSESSABLE FEET: 115.5 1194 TERRACE ST COST PER FOOT: $35.50 @ 1194. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,100.25 1 24-205-238-0004-00 MAY PROPERTY MGMT LLC ASSESSABLE FEET: 66 3947 NORTON HILLS RD COST PER FOOT: $35.50 @ 1206. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-239-0007-10 COON RANDAL L ASSESSABLE FEET: 66 1205 TERRACE COST PER FOOT: $35.50 @ 1205. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-239-0008-00 RILLEMA LEE A ASSESSABLE FEET: 66 1197 TERRACE ST COST PER FOOT: $35.50 @ 1197. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 2/14/2003 Page 3 of 4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-239-0009-00 AMERICAN GENERAL FINANCE I ASSESSABLE FEET: 66 2510 HENRY ST COST PER FOOT: $35.50 @ 1189. TERRACE S MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-239-0010-10 WILLIS BONNIE/SUNDQUIST RO ASSESSABLE FEET: 66 1164 TERRACE 2B COST PER FOOT: $35.50 @ 1183. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 SUM OF ASSESSABLE FOOTAGE: 2188.10 SUM OF ESTIMATED P.O. COST: $77,677.55 TOTAL NUMBER OF ASSESSABLE PARCELS 23.00 2/14/2003 Page 4 of 4 · se1:;C1AUA~s~ssrv1tKrt ,. f/•HEARlN~RESPO.NSE<CARt)\ ·. /. No· RJ:SPQN$~ tfol.JNT$. AS ' IN F.t..VO.fr'()f PROJECT-To ·h~\le your \ICJtE3 COlJrJt, pl~~$ei•.·.···· ·.· ·. .< . .. . -· -· . ' . 2 . 2 . '' ····~;oj~c(fit1i:,;,)t),>tr~ijRtc:ij,·,9NAi"RJ~~.Q~i··. projecfbeic;rlptie>riI•·REPQNSTRQb]"IQ~ f/''· iNit~llti1b~~i •·••· . ·.•,.·•·····Y>·•lf Yo9wlsh•·toiti~l/e}C>yr.wr(tt~nVpf,e iricllJded)s··p~rt bf.th~t~bul~t,or, of}otes·forwa~/q. . te>···/. . •·.· • . ·.the CityQC>mrnis~ionfo[the scheduJed pupnc hearing,please retur~thiscard.oy.tne d;:1te;;'} •> .... · . ·•.indicated 1;1bqye, ·]'q µse this re1,pq!J!:le .card pJease.incljC~fe whether you 9ppq11e; <>rt=a11pr \> • \. thifspec:;ial•a~sessrnent. project,),ign ·the.fqrma11<:1.•ret9rn.itt0Jhe City·.Qlerk's g)ffice. TQ.cc :··\(•·, • ,, /i • returri .thi1, card byrtJ~il. simply .folcl. on the dotted· line1, so theadgress qJi the re\lerse sid~Js/'t ;, ·•, , i .shovvjng., ae surci to seal the{orm With a' small piece of tape or staple prior to rnailing;. IF;{;);,) Y0:U •. QO/NOT$~NDlN.Tt-llS··•i=oRMY0URVOTE·colJNT:$ . fl.S 1'.IN.• FAVOFeoi;:. > PROJECT,t•if• . •· 'As'ie!isrrieriFlnfarrn~ti6n' .•. . . ·•· .·. .·••.· .• ~ioteity AdJrei,s: > .· ·. ·.••.>1.·.·E ~;Jt~i$~<···•· i>•··P;;ba, NU~6;,. . . .c·· . · j4.2()i2f9.fio61-cfo / . . Assessat!le.;ront~ge: ·"·- ,,_ • • • . • <·-. ,· _,•, ·,,.,-,· •," <.·.•.· .-, , ' · , ' s9t. i:eef .Esti1111ted:Ffont•.File>t .C6st:i i.·• -·- -.·.·--- i· ·', -". ,-·. ,., . _, '_,.,-, , ; : • • "')$3~;io ' ~eF~oot\ · --...:,·, ·.•·•·ESTIMATED 1'0'TAlic:Osri••·•·· .. ' . $~, ..~Q.5Q ?i ·•· . < ' <•P.rdperty Des6ri~tidi"i ,,. D ••.. ·~[Ji::o,~~~f~;~ <.i ·. .. ....· · •. . ·. . ·• .. ·. ..· . . }J. . .·. . t· JH/\T PARTOF LOTS .1& 2 OF BLK 2.19 DESC AS FOL: COM AT APT IN SD L.OT 1 WHICH IS 81,74 FTNWLY.Qf SY\'COR 01'. lOT2 .· ·•· ·• . >. AN.D 8 FT NELY OFSWLYLINE OF .Sp LOT ;1.fOR A POE! THSELY TO SW COROF LOT 2 TH NELY /\LG S\;Yllfl!E. OF LQJ) T9 SE., COR OF LOT 2 TH NWLY /\LG NELY LINE bFLOT 2 57FT TH WLYALG S LINE OF APPLE AVE 91.05 HTH SWLY bN MC OF/\;J0 •: ' ! . . · . ·. <Please votJ ~ith~r in favqr qropp6secf tO the.spkcial Asses~rnent Street F>c:1~ihfProj~ct. , •.•.· '.-: ,-_-_ . . ' '•· --, _. . _,._ • ' .- •, ,- .. , ·.:" :·· '-,_ ·' .' - '· , . ,,., .' .· .. , ,_- \ ', _. .. -_-:__. •i,•""' / .,_._ .. _.. __ ,,,' ·'• '_ .· •"',·"•' .-·-- : ,-,.--_ • .-. ' ::_,_,_d} ·T,XM,NtAid~i,, 1·;:,. •· ~:· .•·.. ·x '.A.f~tos~w"t~, . .. . Owner . \). <l"'o.J &.. AI\W t:, lk\ CoO\.Vner/Spouse .I'.S"e~,;,.{h •\..W .e.-, ~\· •. ·· Signature ~ K- ,6 Signature ~ f' d.Jil}J ·. )Sf¥i Address \'>1b t..'..cnu-dr 0-J~~\ Address .;.J{hZ......:,..t~IX:::::,~vSL.:.;..;=--------------'""- Thank you for taking the timtt6't~t~ on this important issue. ·3 · -·. ,--\ ' i:_--_:>i ••. · ·•· · . . $1?ECIALASSESSfv1~Nf{"f. r 5 ·HEAFii~GRes~c)Ns~•ci.Ro, -,__ . '::•• t):..RetUrh"l"hi~fc;t~;;Y:I•FE!3RPAF{Y 25',2003· ··.c·· . ·.·; ;~~~i(~~!id:ti§,n ;'J!~!~~t~.P.r:\:~¼}f \'.·'(!.:•.--·".:: . .,'.:•.'._,,__._:<:· ' - '.' ·/;\.';; --p..,,.•---"_,:.: --,..- '' -.,.• ·."\*,"·;-;·, ,, ,:·.,-_,:,,,.,< ·':t)f:,:, • -\~/{Jl :·.·i-,-:i\,}:;fj ;··•.tlie·,~~5~Qi .•,QltY. l {i~~!v;"Y§8f~Ht~~·.v6t*·ii~i~\~'"J~ ~;J~i\hit~&ti~;,()rl'.~{~~(~§.;,, @re~ct ..t9\ . . . . . .·. ·.·. ;j ~Y:;,.,.eJl~tr,< ... r1i 1 ~OllJffl!l!Sipptqr\lie·.spp!=!PU!E'l!.l·,pu~l1c,.9eaqq!:);.·.1>IE'laSE'lfetu.r11,t91.s·pc1rq.•. }>t· inq!cat~g'abq\te'. 1"99sE5]tJis re:;;po~.i,e ~ar<;I l)IE'lase irtgioate},\11iejhE'lfYOU{Jp1>9i>~'t ¥Qt ;Y·,••··•.··•·· ,;1i'• this §pecial.· aSSE3§\,ll)entproje<::t,~ighJbeJqrrn and retyrn,, it to tneQity Clerk'll'Pffi, \\;; 'JE3turl'llhJi. c,;ar'~l.·byrna.u,isimply fold on the;;qq~t<:!d·Un~s•sg the ~qqrl:!ss,9",Jhe·.re\l'~rs~~r 'Jf'/,{ · • !C· ····:1 t;~ ·;l .sh<>VJing/Be§ureJo s~attt,efgr!llWith . asp,all •.pi<:!<,<:! .of tc1pe orsiapl~.••p.ri()rJorn?ilip~·$;I. ,J ·~~~Jii~OTSENDIN THIS F9~M~?HR.VOTE OOl:JNTS A$ ··,;•.~~VOR''QF;tig;f';, i!fi;d Assessment 111formatioh \ ..... Psafp~l·'NumberS \ .· .. Y24~205122e,0001·~00:6 ii>As$tiss~1:>1i·.i=ronfao~:••• .··./i.·11~\i·i• ; FJit,.·,{; .· .· , ,~ti;i!i~I=mnl·••~idt'¢;trii'.. ·/C', ·r•.,. $is. io'..·, ::•·.·. ·.·•.·.·.E··s•. . ·r.. •. 1.M.· A·.·..·r. E' ~'-- ··o.···r·.o· . ... T.A. L'c·..o'.·s·. ·r·.·.·/ ~ 0 . . .· .,.•.· ·. ·. ·.· .·. ".·.\ "· ''"·· $'"a·••·a;a,Io;o. !/'.\'; ~.. ; .. 'i;.. , · ·Piab~rtiD,~sBr1iitr6r1(\s'' ·.··.·t·.··••.•• { 3;,~fi~ff%!~11~iij'.· rhani<;C>IJ .fcir'takiri~ the tin1e.fov6te ori•.this.importariii~sue. . ... SPECIALASSESSMENT ·.. . . . HEARING RESPONSE CARD · NO RESPONSE COUNTS AS 0IN FAVOR': OFPROJECT~To have your votebount, please . •. ·••·· Retu.rn·•Thisca·rd•.•~Y·•··•··.FEBHlJARY 25,2003•··. Project Title: . TERRACE.JONA To PECK -. . •. •. Projebt Description REC()N~TR\.JtJI()~ ' .. ·. INSTRUCTIO~S / If you wi~h to have your whtten Jotlinclud~d aspa rt ofthetabul~tion of votes for,varded to the City Commission fot the. sched ulecl. pqplic hearing, please return this card by .the date . .• indicated above/ T9.use th.is resp9nse card please indicate 1Nhether you Oppose or Falior · this specic1tassessment project, sign the form an.d retum it to the City Clerk's Office. Jo . return this card by maU, sin:,plyJold O(l the gotted Unes SC> t~e ;:idclress or;ithe reverse side Js ·•···. showir;ig.1;3e sure to seal thE:J form·.with a small piece .ottape or.staplePriorto.mailing.)f YOU DO NOTS PROJECT. / END INTHIS ... · ·. .·• FORMYOURVOTECOUNTS .. · . •·· .· . . · . ·........ ..·•.. ·.. . . •·· •. AS "IN < FAVOR'/ .. . . . OF • ... ·-. A~sesin1ent intor111~tion ·. .·.·PibpJtty··Addre~s: ·P;rci~i Nurfibe?i·••···· 11:a;E~~d~s;i . 24~205-230-0()()2-()() . - Assessable f'r<>6tage:L~ -- •i_·-.•---·•.t>e-+~f·:in~eet·- ·•· ··• \·i) Esti~;i~d· Fre>rit ~bo{c:~it:·i/> . $?5.b~ · . t~r Feiit . ESTIIVIAJE[) TOTALcosT ·. •. PrcfoertyDe$criptibn · C¥~.3-~3-06 . Jqazi8c:ait ' -. ~[Jirlo~~~~GF01~0; . L0T2BL~23Q • - . 19 .· . i-· .· .sPEC!Al A~~EssMENr ...··. . ·. HEARING RESPONSE CARD· NO. RESPONSE COUNTS AS HIN FAVC>R.. OF PRQJECT-To have yourvotEl count,. please . • •~etlJrnJHis By Card i~~~UARY ~§.2003 .·. ProJect,TiUl;J:; . 'ifERMCE, 10NAfcip~c1( ... ·•·.. . •. < Project Description ) RECONSTRl..lCTION -'. .. ;.·. •.• . '-. ,./_ . ·;._' '. ,__. . . . . -.:-·, ·'·· ,·, ,.:•' ·.·_'.. _-, ·.-">; ·- . ·. . .. IN~tRUttlONS i ·.··1tyou wish fo have yoi.ir written v<:>te i.(1Cl1.1de9as parfofthetabulation ofvotes forwarcled to·•.· the. City Con1mi5:sion forlhe schecJule.cl pµt>lic hearing, pleasereturnJhis carcl by .the date .. ·. inclicj:lted above; To use this Jesp9nse card please indicate whether you Oppose orFayor ·· ·. this speci,31 ai;sessrT1ent project, sigp the torm and return i.tJo the CitYQlerk'$ Qffice .. To •.. . retum this ¢atd by mall, $imply fold 9n thl;J dotted Iin.es so the addre$son the. reverse $ide i$ . §hoWlng; Be syreJo 'se~l. th~ftJ.rniwith a§rnall plec;e of tape.or staple prlortOJJl!:!.Oing. IF . ·.•· . YOU.DO NOT SEND INTHIS1FORMYOUR \.'OJE COUNTS AS "IN. FAVOR'' OF . PR,OJE:CT.. . •·' ·.•.•.·. ·• ·. ·•.. ·. Assessment ihtormatiol1 . . Pr;p~hY~dcJiesk(\ • p~fcel Number>··•.··•· ,f'.t\)\ ;~l~I?alt;t~:7jrn···•i<••.··i•• · ----- ·:· __ _'._'_" ·: ,·,:, : ·... A~~e~sable F~ontagefC. .. -- .·. ·.. > ··•.· ·.· -'-···---'-· :._ ··.?$;35.5Q . Ji8r Foor.~w;;f.;;;-;;;f;:.,.::,.2. ·•· >. c,··, . Si:st,~Af1:ri.t<>fttfd§'r······ . $2,34~.0() ' '_-. ,>'•:··l>·-~:/ _,\ .Rrooerty 6esoriofic>fi• • crr~o;;,;J~KeGoi··· }. . . C. . RE\/ISED PLATOF 1903. ·. E1/2 LOT7BLK239 •··• · .·•·•. i t>ci•.. . . . . . . . . /> ./ / t< Plea~evot~ either i~ J~vor oroppbs~dJo the Special .As~essrnent .$treat Pa\/i~g Project, . . ~;{!,,;;, t /i i, ;••··.· ,,r.······· ·.·.·• ·•.·• .· ·•··.·.··••;~J·.oPPO~~o·••··lll••·. · • ( ~-- - . .· CoOrnir/Spou~e .... · ••. · . $i~q~i4re 1 -·'."'".,9..l~¥'ld..f-~::..:..;;.:;;;;;;::;;~ .{.}.~id.~~t~r;••. ··•---------------....,.-----....-• ·.· · . Addre~¢• ··:':':.l2bjf/ldfb f/4;,;··•/}. . ·:,,,'.~dd.res$/··••......'· .•-·. •·· --•··_·. • <--·..............______._____,.. _<__ <·. 0 Thank'.~ouforta:~ifig t~;!Jottt;f~Jhis important issue./ 4 · SPECIAL ASSESSMENT . ·.·· HEARING RESPON§ECJ\RD. No··.RESPONSECOUNTS AS''IN FAVOR" Of'PROJ~cT-To haveYour.vot~ count, please ' Prpiecf.Tith,1:/·.•· Tl=~RACE, •. IONATOP~CK ·',;;::i/ - ----. ·. Project Desc;riptioh RECONSTRUCTlQN ;·;·:-,-··. _,c- · __ .-/;•_-c-_., INSTRIJCTIONS lfyoy Wishlo ~ave yollfwrjtlenvote in9luded as part ofthe t~b81atioh of votes forwarded.to.· ·....·.·. the City Con,missio.n for the schedule.a put?lic hearing, plea:,e return this cc1rd by th~ date .•••·· •· .· ; ·•. indicated above; .To u.se this response.card plec1seindicatewhethe(you·.oppose.or.Favo(•.· i. · j (thisspeci;:il asses:,memt project, sign th'Ei.forni. and .return ifto.the City ClerK's OfficEl, To >•· ·. , . . .ret1Jm this cardbyrhc1il, simply.foldpnJhedotted lines so t.~El address onthe·.reverseSid!=)is · • ·•·.. ·.;showing. Be sure to seal the form with a. small .piece •oft<!PE1'or staplE1 prior to mailing,JF · .· ..... You DO NOT SEND INTHIS FORMYOURVOTECOUNTS AS "IN FAVOR'!OF.. . . PROJECT, . ·• •. Assessmentlntormation .Prc{pertyAddr~ss: .... Parc~lNurr\ber > i .· As;~i1c1tile·.Fr6hi~gJ:·••· ~ri.-> . . . . .· ·. . . · Estimated . . Fr9~t Foot· Cost; •.+•··. / •1:s+1rv1AT~o rorAL . cos+,. · .· ·. Pr<>b~~yb~scr1ptioh•. . . . · ·•·. . ·. . . <i/i.·.· CITY OFMUsKe6oN /·. . . . . '<RE\/ISEDPLATOF1903 . . <ELY 94 FTtOT 10BL!{239 .·. . . . . . : d f (t,: .$()8/~~1i'b2Ll~t~f. ;. . . . .• .·. '"~'.;tr!&~,;;'•t:·,tJ,:i~'l:t,Iff~jt~it,~ttiiiits¼',FP,ir"~ Fc'c,,)Oojj .... ·. '. .·?~.IA~. l~·f~~.9~1 ;•.,. •1•·• .. nx~~g~P&skb ·••IX.2ilE:c•.·•·.·<·.·..·.... •.· . '~IOri~ti\;. -tffl~,'; ~;~:• '"· ·.:. · ~~~-;#~ Address . . . . . . ·•.· . Z(fol/ Utcttks-t'<· /;/ .Address<·.•···•;,,·1.!.££)~14~::Li~~'......;....... ......,............;_.....~•. ... . . >, Th~11k·yo<l.fort1kicig th;tini6 tri ~otJ t~thi~•i111~ti~aht iJsJ~t· SPECIAL ASSESSMENT H 1567 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-219-0001-00 WEIHL RONALD JR/JEAN E ASSESSABLE FEET: 89 Jv 1370 TIMBER TRAIL COST PER FOOT: $35.50 @ 1.0 E APPLE AVE WHITEHALL Ml ESTIMATED P.O. COST: I $3,159.50 1 24-205-219-0003-00 N & N ASSOCIATES LLC ASSESSABLE FEET: 132 40 CONCORD AVE COST PER FOOT: $35.50 @ 1036. TERRACE S MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-220-0001-00 NATIONAL CITY BANK ASSESSABLE FEET: 132 ONE NATIONAL CITY PARKWAY COST PER FOOT: $35.50 @ 1070. PECK ST KALAMAZOO Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-220-0003-00 BETHANY CHRISTIAN ASSESSABLE FEET: 66 1105 TERRACE COST PER FOOT: $35.50 @ 1088. PECK ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-220-0007-00 NATIONAL CITY BANK ASSESSABLE FEET: 66 ONE NATIONAL CITY PARKWAY COST PER FOOT: $35.50 @ 1070. TERRACES KALAMAZOO Ml ESTIMATED P.O. COST: J $2,343.oo 1 24-205-221-0001-00 MUSKEGON HOUSING COMM ASSESSABLE FEET: 189 1080 TERRACE ST COST PER FOOT: $35.50 @ 1080. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $6,709.50 1 24-205-222-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 80.1 933 TERRACE ST COST PER FOOT: $35.50 @ 1040. PECK ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,843.55 1 2/25/03 Page 1 of 4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-226-0001-00 YOUNG GREGORY J TRUST ASSESSABLE FEET: 132 Ju 1102 TERRACE ST COST PER FOOT: $35.50 @ 1102. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-226-0003-00 HERMAN LOUISE ASSESSABLE FEET: 66 1116 TERRACE ST COST PER FOOT: $35.50 @ 1116. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo I 24-205-226-0004-00 MAY PROPERTY MGMT LLC ASSESSABLE FEET: 66 3947 NORTON HILLS RD COST PER FOOT: $35.50 @ 1122. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo I 24-205-227-0006-00 BETHANY CHRISTIAN ASSESSABLE FEET: 189 1105 TERRACE ST COST PER FOOT: $35.50 @ 1105. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $6,709.50 1 24-205-229-0005-00 FAITH TEMPLE CHURCH ASSESSABLE FEET: 123 1163 TERRACE ST COST PER FOOT: $35.50 @ 1163. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,366.50 1 24-205-229-0010-00 BETHANY CHRISTIAN REFORME ASSESSABLE FEET: 66 1105 TERRACE COST PER FOOT: $35.50 @55.0 DIANA AVE MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-230-0001-00 BUCKNERIRMA ASSESSABLE FEET: 66 1140 TERRACE ST COST PER FOOT: $35.50 @ 1140. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 2/25/03 Page 2 of 4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-230-0002-00 CLC PROPERTIES INC ASSESSABLE FEET: 66 \ .JeS 17 E WHITE LAKE DR COST PER FOOT: $35.50 @ 1148. TERRACES TWIN LAKE Ml ESTIMATED P.O. COST: I $2,343.oo I 24-205-230-0003-00 WILLIS BONNIE ASSESSABLE FEET: 132 Jo 1164 TERRACE ST COST PER FOOT: $35.50 @ 1164. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,686.oo 1 24-205-238-0001-00 ROTTIER JAMES ASSESSABLE FEET: 82.5 895APPLE COST PER FOOT: $35.50 @ 1182. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,928.75 I 24-205-238-0003-00 RISING STAR MISSIONARY BAP ASSESSABLE FEET: 115.5 1194 TERRACE ST COST PER FOOT: $35.50 @ 1194. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $4,100.25 1 24-205-238-0004-00 MAY PROPERTY MGMT LLC ASSESSABLE FEET: 66 3947 NORTON HILLS RD COST PER FOOT: $35.50 @ 1206. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo I 24-205-239-0007-10 COON RANDAL L ASSESSABLE FEET: 66 J-0 1205 TERRACE COST PER FOOT: $35.50 @ 1205. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-239-0008-00 RILLEMA LEE A ASSESSABLE FEET: 66 1197 TERRACE ST COST PER FOOT: $35.50 @ 1197. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 2/25/03 Page 3 of4 RECONSTRUCTION HEARING DATE FEBRUARY 25,2003 TERRACE, IONA TO PECK 24-205-239-0009-00 AMERICAN GENERAL FINANCE I ASSESSABLE FEET: 66 Ju 2510 HENRY ST COST PER FOOT: $35.50 @ 1189. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-239-0010-10 WILLIS BONNIE/SUNDQUIST RO ASSESSABLE FEET: 66 to 1164 TERRACE 2B COST PER FOOT: $35.50 @ 1183. TERRACES MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 SUM OF ASSESSABLE FOOTAGE: 2188.10 SUM OF ESTIMATED P.O. COST: $77,677.55 1 TOTAL NUMBER OF ASSESSABLE PARCELS 23.00 2/25/03 Page 4 of4 H-1567 TERRACE, !ONA TO PECK PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE IABlll ATION EEEI eEBCEf!lT8GE TOTAL NUMBER OF PARCELS. 23 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 2188.100 o• 19 1148 TERRACE 24-205-230-0002-00 66.00 18 1164 TERRACE 24-205-230-0003-00 132.00 7 1183 TERRACE 24-205-239-0010-10 66.00 FRONT FEET OPPOSED 551.00 25.18% 23 1102 TERRACE 24-205-226-0001-00 132.00 4 1205 TERRACE 24-205-239-0007-10 66.00 RESPONDING FRONT FEET IN FAVOR 66.000 3.02% 6 1189 TERRACE 24-205-239-0009-00 66.00 3 1 e apple 24-205-219-0001-00 89.00 NOT RESPONDING - FRONT FEET IN FAVOR 1571.100 71.80% TOTAL FRONT FEET IN FAVOR 1637.100 74.82% TOTALS 66.00 551.00 TABULATED AS OF: 03:58 PM 2/25/034:34 PMTABULATION OF THE RESPONSES TO THE SP. ASS, HEARING ON TERRACE.xis Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Davis, Laketon to Southern SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Davis, Laketon to Southern project, and to create the special assessment district and appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the attached resolution COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2003-20 ( c) Resolution At First Hearing Creating Special Assessment District For Davis, Laketon to Southern Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: l. 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 £f% 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 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~~~~__J~ ~~L~ Gail A. Kundinger, Clerk 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. EXHIBIT A Davis, Laketon to Southern SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Davis St., from Laketon to Southern I II._____ 1// , II IC .._ SOUTHERN A\£ :;,;....--- ~---,:, 1~1 i1 FOREST A\£ l~r==I= 1 IC ,t {11 I IRELAND IC )LJL-J DAL.£ A\£ ---,,-- ....1/J DAL.£ A\£ ....1/J ,\l======::I 1;:==1= ~ ~r-,~ ~ 1 AI£ _ _ __.ii LARCH A\IE l~I.____ I I I::==== _ ___. I II !PROJECT LOCA T/ON SPECIAL ASSESSMENT DISTRICT -;) lrTF;li CITY OF MUSKEGON OFFICE OF T~ CITY ENG_INEER I DAVIS STREET LAKETON T_O SOUTl-!_ER.!'! ~•..,£rt-•\ ;:;-156J. ''"' .... N<tAf"'L~'-'° ' s-r,eo1 J> ' AFFIDAVIT OF MAILING STA TE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: 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 14TH DAY L RUARY,2003. ' Q, ~ , GAIL A. KUNDINGER, CITY LERK SUBSCRIBED AND SWORN TO BEFORE ME THIS 3rd DAY OF Zllacc/2 , 2003. ceinda R<S- ~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 9 -d-S--o t Potter, Linda From: AI-Shatel, Mohammed Sent: Wednesday, February 26, 2003 10:12 AM To: Potter, Linda Subject: Terrace & Davis Projects The percentages against are: • Davis .......... 32.38% • Terrace ........ 28.2% 1 ENGINEERING FEASIBILITY STUDY For DA VIS ST., LAKETON TO SOUTHERN The proposed Milling & resurfacing of Davis between Laketon & Southern was initiated by the City due to the conditions it is in. The proposed resurfacing, we feel, is necessary to prevent this section of roadway from deteriorating to a point where resurfacing would no longer be a valid option and a complete reconstruction would then be necessary, resulting in a higher cost to the property owners as well as to the City. Facts; • The last major work on this section of Davis appears to have taken place back in the mid sixties except for the trench repair as a result of the watermain installation about I 0-years ago. • This section of Davis has an average pavement condition index (PCI) of less than 20 out of a I 00. A PCI this low would normally result in a recommendation to reconstruct, however, milling & resurfacing is being proposed due the fact :hat existing curbs are in excellent shape • A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate for the work associated with paving is approximately $170,000 with the length of the project being approximately 1600 lineal feet or I 780 of assessable footage. This translates into an estimated improvement cost of $95 per assessable foot. The assessment figure will be at a cost not to exceed $17.85 per assessable foot as established in the 2003 Special Assessment for this type of improvement. I MUSKEGON COUNTY 173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442 IM CH GAN (231) 724-6386 FAX (231) 724-1129 EQUALIZATION DEPARTMENT BOARD OF COMMISSIONERS Kenneth J. Hulka, Chair Bill Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye James J. Kobza Louis McMurray Tony Moulatsiolis Clarence Start February 11, 2003 Mohammed AI-Shatel, City Engineer City of Muskegon 93 3 Terrace Street Muskegon, Ml 49443 Mr. Al-Shatel: In accordance with your request, I have examined the proposed special assessment district entailing the milling and resurfacing of Davis Street between W. Laketon Avenue and W. Southern Avenue. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is February 11, 2003. In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. As previously presented, the proposed special assessment district encompasses primarily residential properties. The front foot rate of $17 .85 for the milling and resurfacing of the above mentioned project area appears reasonable in light ofan analysis that indicates a possible enhancement of$18.97. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. FEBRUARY 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 17 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: DAVIS, LAKETON TO SOUTHERN The proposed special assessment district will be located as follows: All parcels abutting Davis. Laketon to Southern It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on FEBRUARY 25,2003 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special assessment. We are enclosing a Hearing Response Card for you to indicate your agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. A second public hearing will be held, if the district is created, to confirm the special assessment roll after the project is completed. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $170,000.00 of which approximately 18.69% ($31,775.68) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, / /i ' . //2.'1/? . /)?_,{//jL ~- 7 <' ( (/(' 2/~ Mohammed AI-Shatel, P.E. City Engineer Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON STREET H-1563 DAVIS, 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 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 current to qualify and will be verified by CDBG staff) OWNER'S SIGNATURE Owner's Signature:--------,--,----:c------------------,-----,-c:- Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is 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. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25,2003 Project Title: TERRACE, I0NA TO PECK Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 189 Feet Estimated Front Foot Cost: $35.50 per Foot ESTIMATED TOTAL COST $6,709.50 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 221 LOTS 1- 5 & LOTS 12 & 13 Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. PCITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City Commission for the following projects: Terrace St., Iona to Peck and Davis St., Laketon Ave. to Southern Ave. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Terrace St. from Iona St. to Peck St. and • All parcels abutting Davis St. from Laketcn Avenue to Southern Avenue It is proposed that a percentage of the cost of the improvement will be paid through special assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON FEBRUARY 25, 2003 AT 5:30 O'CLOCK P.M. 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 (AT A LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: February 15, 2003 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1563 MILLING AND RESURFACING HEARING DATE FEBRUARY 25, 2003 DAVIS, LAKETON TO SOUTHERN 24-205-494-0001-00 KANTOLA KEVIN ASSESSABLE FEET: 52.75 1611 DAVIS ST COST PER FOOT: $17.85 @ 1611. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I__$_9_41_.5_9~1 24-205-494-0002-00 SCHMIDT JEFFERY A ASSESSABLE FEET: 52.75 1605 DAVIS COST PER FOOT: $17.85 @ 1605. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I__$_9_4_1._59~1 24-205-494-0005-04 MERWIN DAVID B ASSESSABLE FEET: 61.9 1565 DAVIS ST COST PER FOOT: $17.85 @ 1565. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,104.92 1 24-205-494-0005-05 LONG ALLAN/BETTY ASSESSABLE FEET: 81 1589 DAVIS ST COST PER FOOT: $17.85 @ 1589. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,445.85 1 24-205-494-0005-06 MCCORMACK DANIEL W/NANCY ASSESSABLE FEET: 50 1597 DAVIS ST COST PER FOOT: $17.85 @ 1597. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_8_92_.5_0~1 24-205-500-0001-00 PRUITT PAUL D ASSESSABLE FEET: 78 1212 W. DALE AVE. COST PER FOOT: $17.85 @ 1212. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,392.30 1 24-205-500-0002-00 ROOD MARCELLA ASSESSABLE FEET: 54 1659 DAVIS ST COST PER FOOT: $17.85 @ 1659. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_9_6_3._90~1 2/14/2003 Page 1 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25, 2003 DAVIS, LAKETON TO SOUTHERN 24-205-500-0003-00 GORKISCH JEFFREY L ASSESSABLE FEET: 66 1651 DAVIS ST COST PER FOOT: $17.85 @ 1651. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-500-0004-00 LLOYD H KEVIN/SUSAN K ASSESSABLE FEET: 66 419 OAKNOLL COST PER FOOT: $17.85 @ 1641. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-500-0005-00 BANKERS TRUST COMPANY OF ASSESSABLE FEET: 66 ONE E 4TH ST COST PER FOOT: $17.85 @ 1631. DAVIS ST CINCINNATI OH ESTIMATED P.O. COST: I $1,178.10 I 24-205-501-0010-00 FOSSLER GINA J ASSESSABLE FEET: 64.75 1190 IRELAND AVE COST PER FOOT: $17.85 @ 1190. IRELAND AV MUSKEGON Ml ESTIMATED P.O. COST: I $1,155.79 1 24-205-509-0009-00 GOULET WILLIAM K ASSESSABLE FEET: 61 1189 IRELAND AVE COST PER FOOT: $17.85 @ 1189. IRELAND AV MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-509-0010-00 KOTECKI MATTHEW/BERDINSKI ASSESSABLE FEET: 61 1190 W DALE AVE COST PER FOOT: $17.85 @ 1190. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-510-0001-00 PLOUHAR JUDITH A TRUST ASSESSABLE FEET: 50 1733 DAVIS ST COST PER FOOT: $17.85 @ 1733. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: 1~_$_8_92_._50~1 2/14/2003 Page 2 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25, 2003 DAVIS, LAKETON TO SOUTHERN 24-205-510-0002-00 POULIN MONTY L ASSESSABLE FEET: 65 1723 DAVIS COST PER FOOT: $17.85 @ 1723. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,160.25 1 24-205-510-0003-00 MARTINEZ LOUIE ASSESSABLE FEET: 49 1715 DAVIS ST COST PER FOOT: $17.85 @ 1715. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: LI_ _$,:__8_7_4._65_JI 24-205-510-0003-10 MAXWELL JOSEPH B/BARBARA ASSESSABLE FEET: 50 1707 DAVIS ST COST PER FOOT: $17.85 @ 1707. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: LI_ _$,:__8_9_2._50_JI 24-205-510-0004-00 BRATSBURG GREGORY J ASSESSABLE FEET: 50 1703 DAVIS ST COST PER FOOT: $17.85 @ 1703. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: LI_ _$,:__8_9_2._50_JI 24-205-510-0005-00 FISH ANN F ASSESSABLE FEET: 66 1213WDALEAVE COST PER FOOT: $17.85 @ 1213. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,17s.10 1 24-205-513-0001-00 MACHOWSKI SCOTT/DEBRA K ASSESSABLE FEET: 66 1781 DAVIS ST COST PER FOOT: $17.85 @ 1781. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-513-0002-00 M-THREE LLC ASSESSABLE FEET: 66 3361 FULTON COST PER FOOT: $17.85 @ 1777. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 2/14/2003 Page 3 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25, 2003 DAVIS, LAKETON TO SOUTHERN 24-205-513-0003-00 VANDERWALL JAMES/PAUL KAT ASSESSABLE FEET: 66 1771 DAVIS ST COST PER FOOT: $17.85 @ 1771. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-513-0004-00 MCREYNOLDS JANICE ASSESSABLE FEET: 82 1761 DAVIS ST COST PER FOOT: $17.85 @ 1761. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,463.70 1 24-205-513-0005-00 HILL RICHARD M ASSESSABLE FEET: 50 1223 W LARCH AVE COST PER FOOT: $17.85 @ 1223. W LARCH AVE MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_8_92_.5_0~1 24-205-514-0009-00 FARRELL SCOTT D ASSESSABLE FEET: 61 4464 MILLER COST PER FOOT: $17.85 @ 1191. W DALE AVE NORTON SHOR Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-514-0010-00 CRANDLE DIANA L ASSESSABLE FEET: 61 1732 DAVIS ST COST PER FOOT: $17.85 @ 1732. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-514-0011-00 OCHS AGNES S/CINCUSH PATRI ASSESSABLE FEET: 61 1188 W LARCH AVE COST PER FOOT: $17.85 @ 1188. W LARCH AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-519-0010-00 TORNGA PETER J/BOURDON R ASSESSABLE FEET: 61 1766 DAVIS ST COST PER FOOT: $17.85 @ 1766. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 2/14/2003 Page 4 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25, 2003 DAVIS, LAKETON TO SOUTHERN 24-205-519-0011-00 WALTERS JERRY ASSESSABLE FEET: 61 6182 BELL RD COST PER FOOT: $17.85 @ 1190. W LAKETON A WHITEHALL Ml ESTIMATED P.O. COST: I $1,088.85 I SUM OF ASSESSABLE FOOTAGE: 1780.15 SUM OF ESTIMATED P.O. COST: $31,775.68 1 TOTAL NUMBER OF ASSESSABLE PARCELS 29.00 2/14/2003 Page 5 of 5 SPECIAL ASSESSMENT HEARING RESPONSE CARD. NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25, 2003 Project Title: DAVIS, LAKETON TO SOUTHERN Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes foiwarded to ttie City Commission for the scheduled public hearing, please return this card by the date Indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mall, simply fold on the dotted lines so the address on the reverse side is ··· sl ,oGVif ,g-, Be sui,eie seal IAe f.H"off.l--wlt"'-all-f,)11,101,14',t:ape,G>t<-&tapleJJ.rki>rto mai~Jl!!l, ,If._ - YOU DO NOT $END IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1190 IRELAND AVE Parcel Number 24-205-501-0010-00 Assessable Frontage: 64,75 Feet RECEIVED - Estimated Front Foot Cost: $17.85 per Foot ESTIMATED TOTAL COST $1,155.79 FEB 24 1003 Property Description c· Clerks Office CITY OF ~'US~EGON ~EVISED Pl.AT OF 1903 Bl.~ 501 LOT :o & $ 1/2 OF VAC ALLEY Your vote COUNTS! - ---- --·------------·-. -·-· -~ ···---- Owner I AM !N FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED ::::::::-4--=....L.::::,.,,.,:;.::..1..;;;:i._~ CoOwner/Spouse _ _ _ _ _ _ _ _ _ __ tZ( Signature Signature Address Address Thank you for taking the time to vote on this important issue. 29 SPECIAL ASSt=,SSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25, 2003 Project Title: DAVIS, LAKETON TO SOUTHERN Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1781 DAVIS ST Parcel Number 24-205-513-0001-00 Assessable Frontage: 66 Feet Estimated Front Foot Cost: $17.85 per Foot RECEIVED ESTIMATED TOTAL COST $1,178.10 Property Description FEB 2 4 2003 CITY OF MUSKEGON City Clerks Office REVISED PLAT OF 1903 BLK 513 E 1/2 LOT 1 Your vote COUNTS! Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25, 2003 Project Title: DAVIS, LAKETON TO SOUTHERN Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1188 W LARCH AVE Parcel Number 24-205-514-0011-00 Assessable Frontage: 61 Feet RECEIVED Estimated Front Foot Cost: $17.85 per Foot FEB 2 O2003 ESTIMATED TOTAL COST $1,088.85 c· Clerks Offlee Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 514 S 61 FT LOTS 10 & 11 Your vote COUNTS! ~,--•,··::;·?,'-;--:~' '" • Please vote either in favor or opposed to the Special Assj9SSnJ~n't Street Paving Project. I AM IN FAVOR l, ~A~-~PPOSED:IXJ ... ____ _ u,,_ ··--. ,_.,.. Owner CoOwner/Spouse (!_ /; tJu fvi,2_ f ---· _;___..;_ Signature Signature . f; cL,U--G,£- G, 2;,z,,,:_0'-j/,-"';/c......- Address Add ress / 7 {I 7 !}?2--ZL--1/kz=_ 24 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25, 2003 Project Title: DAVIS, LAKETON TO SOUTHERN Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1597 DAVIS ST Parcel Number 24-205-494-0005-06 Assessable Frontage: 50 Feet $17.85 per Foot Estimated Front Foot Cost: ReCEIVEO ESTIMATED TOTAL COST $892.50 FEB 21 2003 Property Description City Clerks Office CITY OF MUSKEGON REVISED PLAT OF 1903 BU( 494 PART or;LOT 5 COM AT THE SE CORNER OF LOT 5 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR 0 Owner Q.An; e/ M(CcLyY)IIC/j:'.'._ CoOwner/Spouse Signature ;/(/M,_,_.l,,(,{I. )Ji•-' .. ,~/::_ Signature Address J.511 lk>:) s+ Address 19 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By FEBRUARY 25, 2003 Project Title: DAVIS, LAKETON TO SOUTHERN Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return it to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1611 DAVIS ST Parcel Number 24-205-494-0001-00 ·RecE1vEo Assessable Frontage: 52.75 Feet $17.85 per Foot FEB 2 5 2003 - Estimated Front Foot Cost: $941.59 CL_Qlerks Office ESTIMATED TOTAL COST Property Description CITY OF MUSKEGON H· K ' 11111 ·, REVISED PLAT OF 1903 BLK 494 City Clerks Office LOT 1 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR rz]' I AM OPPOSED • Owner Signature ~z~- .lie. c, , 0~✓ zr/ ,/. /· CoOwner/Spouse Signature _·s'e:tb ::Pi t' ,jj\ t<c;n+,1 0 ccfs/vli (W; ( ) Address / ( /I ,,(!,, i, .r ) / Address / /n I/ /)Cl'iii:S: S'+ 17 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSIVIENT H 1563 MILLING AND RESURFACING HEARING DATE FEBRUARY 25,2003 DAVIS, LAKETON TO SOUTHERN 24-205-494-0001-00 KANTOLA KEVIN ASSESSABLE FEET: 52.75\05 1611 DAVIS ST COST PER FOOT: $17.85 @ 1611. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _ $9_4_1._59_,! 24-205-494-0002-00 SCHMIDT JEFFERY A ASSESSABLE FEET: 52. 75 1605 DAVIS COST PER FOOT: $17.85 @ 1605. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: $;_9_4_1._59_,! . _ I_ _ 24-205-494-0005-04 MERWIN DAVID B ASSESSABLE FEET: 61.9 1565 DAVIS ST COST PER FOOT: $17.85 @ 1565. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,104.92 I ASSESSABLE FEET: 81 ~ 0 24-205-494-0005-05 LONG ALLAN/BETTY 1589 DAVIS ST COST PER FOOT: $17.85 @ 1589. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,445.85 I 24-205-494-0005-06 MCCORMACK DANIEL W/NANCY ASSESSABLE FEET: so\{¢ 1597 DAVIS ST COST PER FOOT: $17.85 @ 1597. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: l.___$;_8_92_.5_0_,! PRUITT PAUL D ASSESSABLE FEET: 78 24-205-500-0001-00 1212 W. DALE AVE. COST PER FOOT: $17.85 @ 1212. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,392.30 I 24-205-500-0002-00 ROOD MARCELLA ASSESSABLE FEET: 54 1659 DAVIS ST COST PER FOOT: $17.85 @ 1659. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: l.__$:_9_63_.9_0_,! 2/25/03 Page 1 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25,2003 DAVIS, LAKETON TO SOUTHERN 24-205-500-0003-00 GORKISCH JEFFREY L ASSESSABLE FEET: 66 1651 DAVIS ST COST PER FOOT: $17.85 @ 1651. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-500-0004-00 LLOYD H KEVIN/SUSAN K ASSESSABLE FEET: 66 419 OAKNOLL COST PER FOOT: $17.85 @ 1641. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-500-0005-00 BANKERS TRUST COMPANY OF ASSESSABLE FEET: 66 ONE E 4TH ST COST PER FOOT: $17.85 @ 1631. DAVIS ST CINCINNATI OH ESTIMATED P.O. COST: I $1,178.10 1 24-205-501-0010-00 FOSSLER GINA J ASSESSABLE FEET: 64.75 1190 IRELAND AVE COST PER FOOT: $17.85 @ 1190. IRELAND AV MUSKEGON Ml ESTIMATED P.O. COST: I $1,155.79 1 24-205-509-0009-00 GOULET WILLIAM K ASSESSABLE FEET: 1189 IRELANDAVE COST PER FOOT: $17.85 @ 1189. IRELAND AV MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-509-0010-00 KOTECKI MATTHEW/BERDINSKI ASSESSABLE FEET: 61 1190 W DALE AVE COST PER FOOT: $17.85 @ 1190. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-510-0001-00 PLOUHAR JUDITH A TRUST ASSESSABLE FEET: 50 1733 DAVIS ST COST PER FOOT: $17.85 @ 1733. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: ~I__$_8_92_.5_0~1 2/25/03 Page 2 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25,2003 DAVIS, LAKETON TO SOUTHERN 24-205-510-0002-00 POULIN MONTY L ASSESSABLE FEET: 65 1723 DAVIS COST PER FOOT: $17.85 @ 1723. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,160.25 1 24-205-510-0003-00 MARTINEZ LOUIE 1715 DAVIS ST ASSESSABLE FEET: COST PER FOOT: $17.85 49 \2 @ 1715. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: '-I_ _$_8_74_.6_5_,I 24-205-510-0003-10 MAXWELL JOSEPH B/BARBARA ASSESSABLE FEET: 50 Jo 1707 DAVIS ST COST PER FOOT: $17.85 @ 1707. DAVIS ST MUSKEGON Ml ESTIMATED P.O. cosT: '-I_ _$:_8_92_.5_o_,I 24-205-510-0004-00 BRATSBURG GREGORY J 1703 DAVIS ST ASSESSABLE FEET: COST PER FOOT: $17.85 50 ~t @ 1703. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: l'--_$_8_92_.5_0_,I 24-205-510-0005-00 FISH ANN F ASSESSABLE FEET: 66 1213 W DALE AVE COST PER FOOT: $17.85 @ 1213. W DALE AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-513-0001-00 MACHOWSKI SCOTT/DEBRA K ASSESSABLE FEET: 66 ~u 1781 DAVIS ST COST PER FOOT: $17.85 @ 1781. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 24-205-513-0002-00 M-THREE LLC ASSESSABLE FEET: 66 3361 FULTON COST PER FOOT: $17.85 @ 1777. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,178.10 1 2/25/03 Page 3 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25,2003 DAVIS, LAKETON TO SOUTHERN 24-205-513-0003-00 VANDERWALL JAMES/PAUL KAT ASSESSABLE FEET: 66 1771 DAVIS ST COST PER FOOT: $17.85 @ 1771. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1.178.10 1 24-205-513-0004-00 MCREYNOLDS JANICE ASSESSABLE FEET: 82 1761 DAVIS ST COST PER FOOT: $17.85 @1761. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,463.70 1 24-205-513-0005-00 HILL RICHARD M ASSESSABLE FEET: 50 Jo 1223 W LARCH AVE COST PER FOOT: $17.85 @ 1223. W LARCH AVE MUSKEGON Ml ESTIMATED P.O. COST: I $892.50 1 24-205-514-0009-00 FARRELL SCOTT D ASSESSABLE FEET: 61 4464 MILLER COST PER FOOT: $17.85 @ 1191. W DALE AVE NORTON SHOR Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-514-0010-00 CRANDLE DIANA L ASSESSABLE FEET: 61 1732 DAVIS ST COST PER FOOT: $17.85 @ 1732. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 24-205-514-0011-00 OCHS AGNES S/CINCUSH PATRI ASSESSABLE FEET: 61 0'1l 1188 W LARCH AVE COST PER FOOT: $17.85 @ 1188. W LARCH AVE MUSKEGON Ml ESTIMATED P.O. COST: I $1.088.85 1 24-205-519-0010-00 TORNGA PETER J/BOURDON R ASSESSABLE FEET: 61 1766 DAVIS ST COST PER FOOT: $17.85 @ 1766. DAVIS ST MUSKEGON Ml ESTIMATED P.O. COST: I $1,088.85 1 2/25/03 Page 4 of 5 MILLING AND RESURFACING HEARING DATE FEBRUARY 25,2003 DAVIS, LAKETON TO SOUTHERN 24-205-519-0011-00 WALTERS JERRY ASSESSABLE FEET: 61 6182 BELL RD COST PER FOOT: $17.85 @ 1190. W LAKETON A WHITEHALL Ml ESTIMATED P.O. COST: I $1,088.85 1 SUM OF ASSESSABLE FOOTAGE: 1780.15 SUM OF ESTIMATED P.O. COST: $31,775.68 1 TOTAL NUMBER OF ASSESSABLE PARCELS 29.00 2/25/03 Page 5 of 5 H-1563 DAVIS, LAKETON TO SOUTHERN PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION TOTAL ASSESSABLE FRONT FOOTAGE FRONT FEET OPPOSED RESPONDING FRONT FEET IN FAVOR Em 1780.150 *** 433.75 201,750 _, P!;;:BC!;N!AG!; .2d'- 7 .r 11.33% LETTER# 10 8 19 17 ST# 1703 1715 1597 1611 ST NAME DAVIS DAVIS DAVJS DAVIS FOR PARCEL# TOTAL NUMBER OF PARCELS - 29 24-205-510-0004-00 24-205-510-0003-00 24-205-494-0005-06 24-205-494-0001-00 FEET 50.00 49_00 50.00 52.75 LETTER# 20 9 23 5 24 ST# 1589 1707 1766 1223 1188 ST NAME DAVIS DAVIS DAVIS WLARCH WLARCH OPPOSE PARCEL# 24-205<494-0005-05 24-205-510-0003-10 24•205-519-0010-00 24-205-513-0005-00 24-205-514-0011-00 FEET 81.00 50.00 61.00 50.00 61.00 29 1190 IRELAND 24-205-501-0010-00 64.75 NOT RESPONDING - FRONT FEET IN FAVOR 1144.650 64.30% 1 1781 DAVIS 24-205-513-0001-00 66.00 TOTAL FRONT FEET IN FAVOR 1346.400 75.63% TOTALS 201.75 433.75 TABULATED AS OF: 03:58 PM 2/25/034:34 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON DAVIS.xis Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Finance Director RE: Sale of Capital Improvement (Sidewalk) Bonds SUMMARY OF REQUEST: Bids will be opened at 2:00PM on Tuesday, February 25, 2003 for sale of $1,575,000 capital improvement bonds as previously approved by the City Commission. Proceeds of the bond sale will be used to finance the final three years of the City's sidewalk program and will be repaid through special assessments on benefiting properties. The City Commission is asked to adopt the attached awarding resolution assuming acceptable bids are received. FINANCIAL IMPACT: Interest costs will be known at the time bids are opened and the Commission will be provided with a summary. BUDGET ACTION REQUIRED: Debt service costs will be included in the City's budget for the life of the bonds. STAFF RECOMMENDATION: Approval of the attached awarding resolution (assuming acceptable bids are received). COMMITTEE RECOMM ENDATION: None. 9/18/97 Founded in 1852 MICIDGAN: Ann Arbor by Sidney Davy Miller Detroit• Grand Rapids MILLER Howell • Kalamazoo Lansing• Monroe• Troy CANFIELD MlllER, CANFIELD, PADDOCK AND STONE, PLC. NewYork,NY Pensacola, FL Washington, DC CANADA: Windsor, ON JOELL. PIELL 150 West Jefferson, Suite 2500 POLAND: Gdynia TEL: (313) 496-7518 Detroit, Michigan 48226 Katowice• Warsaw FAX: (313) 496-8450 TEL: (313) 963-6420 E-MAIL: piell@millcrcanfield.com FAX: (313) 496-7500 www.millercanfield.com February 13, 2003 Mr. Timothy J. Paul Finance Director City of Muskegon 933 Te1rnce St PO Box 536 Muskegon, MI 49443-0536 Via Email Dear Tim: In connection with the City's capital improvement bond issue, the sale for which has been set for February 25'\ I attach a form of awarding resolution which the City Commission may use on that date to award the bonds to the successful purchaser. I also attach a copy of the Official Notice of Sale as same has been submitted to the Bond Buyer to publish no later than February 17'\ It will not be necessary to publish this notice locally. Our transcript in this matter is complete up to the point of sale with the exception of affidavits of publication of the bond authorizing resolution adopted January 30 th • I would ask that you send these along to me if possible in advance of the sale. As I indicated via email, I will be out of state on the 25 th and would ask if you wish to have someone in attendance at the sale so that I may arrange same. If you have any questions regarding this, please let me know. Very truly yours, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. By:-------------------- Joel L. Piell Enclosures cc: Warren M. Creamer, III (letter only) Hard copies via U.S. Mail DE LIB :2390 I 07.1 \063684-00032 OFFICIAL NOTICE OF SALE $1,575,000 CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2003 SEALED OR FAXED BIDS: Bidders may submit bids for the purchase of the above bonds as follows: SEALED BIDS will be received by the undersigned at the offices of the City Clerk of the City of Muskegon (the "City") located at 933 Ten-ace Street, Muskegon, Michigan 49443-0536 on Tuesday, the 25th day of February, 2003 until 2:00 p.m., Eastern Standard Time, at which time and place said bids will be publicly opened and read. FAXED BIDS: Signed bids may be submitted by members of the Municipal Advisory Council of Michigan to the Municipal Advisory Council of Michigan at (313) 963-0943; or at the offices of the City at (231) 724-6768, attention: Tim Paul, provided that faxed bids must arrive before the time of sale and the bidder bears all risks of transmission failure and the !Ji GOOD FAITH DEPOSIT MUST BE MADE AND RECEIVED as described in the section ~~ contained "GOOD FAITH" below. ~ i ~ ELECTRONIC BIDS: Electronic bids will also be received on the same date and until the same time by Bidcomp/Parity as agent of the undersigned. Further information about Bidcomp/Parity, including any fee charged, may be obtained from Bidcomp/Parity, Anthony Leyden or CLIENT ~ SERVICES, 40 West 23 rd Street, New York, New York 10010, (212) 404-8102. NO ELECTRONIC ~ BID WILL BE ACCEPTED UNLESS THE BIDDER HAS SUBMITTED A FINANCIAL SURETY ' BOND OR A CERTIFIED OR CASHIERS CHECK IN THE AMOUNT DESCRIBED IN THE SECTION CAPTIONED "GOOD FAITH" BELOW. IF ANY PROVISIONS OF THIS NOTICE OF SALE SHALL CONFLICT WITH INFORMATION PROVIDED BY BIDCOMP/PARITY, AS THE APPROVED PROVIDER OF ELECTRONIC BIDDING SERVICES, THIS NOTICE OF SALE SHALL CONTROL. Bidders may choose any means or location to present bids but a bidder may not present a bid in more than one location or by more than one means. BOND DETAILS: The bonds will be registered bonds of the denomination of$5,000 or multiples thereof not exceeding for each maturity the maximum principal amount of that maturity, originally dated as of March 1, 2003, numbered in order of registration, and will bear interest from their date payable on June 1, 2003, and semiannually thereafter. The bonds will mature on the 1st day of June in each of the years, as follows: Amount 2004, 2005 and 2006 $105,000 2007 and 2008 110,000 2009 115,000 2010 and 2011 120,000 2012 125,000 2013 130,000 2014 135,000 2015 145,000 2016 150,000 NO PRIOR REDEMPTION OF BONDS: Bonds of this issue shall not be subject to redemption prior to maturity. TERM BONDS. Bids for the Bonds may be converted into one or more term bonds 0 having mandatory sinking fund redemption's equal to the serial maturities maturing in the years o' 2004 through 2016. In the event there is an election to exercise the term bond option true "'~ interest costs to be determined shall be calculated by applying the interest rate of such term ~ bonds to each mandatory sinking fund redemption for such term bonds. The winning bidder ~ must exercise such election as part of its bid. 0 ~ ci iii INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at rate or ~ rates not exceeding 6% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 "' or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only and all bonds ~ , maturing in any one year must carry the same interest rate. No proposal for the purchase of less than all of the bonds or at a price less than 98% of their par value will be considered. The interest rate for each bond shall be equal to or greater than the preceding bond maturity. BOOK-ENTRY ONLY: The bonds will be issued in book-entry only form as one fully registered bond per maturity and will be registered in the name of Cede & Co., as bondholder and nominee for The Depository Trust Company ("DTC"), New York, New Yorlc. DTC will act as securities depository for the bonds. Purchase of the bonds will be made in book-entry-only form, in the denomination of $5,000 or any multiple thereof. Purchasers will not receive certificates representing their interest in bonds purchased. TRANSFER AGENT AND REGISTRATION: Principal shall be payable at the principal corporate trust office of National City Bank of Michigan/Illinois, Troy, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner of record not less than 60 days prior to an interest payment date. Interest shall be paid by check mailed to the registered owner of record as shown on the registration books of the City as of the 15th day prior to an interest payment date. The bonds will be transferred only upon the registration books of the City kept by the transfer agent. -2- PURPOSE AND SECURITY: The bonds are authorized for the purpose of paying all or part of the cost of certain capital improvements together with all related improvements in the City. The bonds will be a first budget obligation of the City, payable as a first budget obligation from the general funds of the City including the collection of ad valorem taxes on all taxable property in the City subject to applicable constitutional and statutory tax rate limitations. The rights or remedies of bondholders may be affected by bankruptcy insolvency, fraudulent conveyance or other laws affecting creditors' rights generally now existing or hereafter enacted and by the application of general principles of equity including those relating to equitable subordination. GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust company or a Financial Surety Bond, in the amount of $31,500, and payable to the order of the Treasurer of the City is required for each bid as a guaranty of good faith on the part of the bidder, to be forfeited as a portion of the City's damages if such bid be accepted and the bidder fails to take up and pay for the bonds. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Michigan and such Bond must be submitted to the City's financial advisor 0 at least one hour prior to the opening of the bids. The Financial Surety Bond must identify each ~ bidder whose good faith deposit is guaranteed by such Financial Surety Bond. If the bonds are ~ awarded to a bidder utilizing a Financial Surety Bond, then that purchaser (the "Purchaser") is !l required to submit its good faith deposit to the City in the form of a cashier's check (or wire " transfer such amount as instructed by the City or its financial advisor) not later than Noon, i Eastern Standard Time, on the next business day following the award. If such good faith deposit ~ is not received by that time, the Financial Surety Bond may be drawn upon by the City to satisfy ~ ~ the good faith deposit requirement. The good faith deposit will be applied to the purchase price g of the bonds. In the event the purchaser fails to honor its accepted bid, the good faith deposit ~ will be retained by the City. No interest shall be allowed on the good faith check and checks of the unsuccessful bidders will be returned to each bidder's representative or by overnight delivery. The good faith check of the successful bidder will be cashed and payment for the balance of the purchase price of the bonds shall be made at the closing. A WARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest true interest cost determined in the following manner: the lowest true interest cost will be the single interest rate (compounded on June 1, 2003 and semi annually thereafter) necessary to discount the debt service payments from their respective payment dates to March 1, 2003, in an amount equal to the bid price, excluding accrued interest. TAX MATTERS: In the opinion of bond counsel, assuming compliance with certain covenants, interest on the bonds is excluded from gross income for federal income tax purposes as described in the opinion, and the bonds and interest thereon are exempt from all taxation in the State of Michigan except inheritance and estate taxes and taxes on gains realized from the sale, payment or other disposition thereof. The successful bidder will be required to furnish, prior to the delivery of the bonds, a certificate in a form acceptable to bond counsel as to the "issue price" of the bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986. -3- "NOT QUALIFIED TAX EXEMPT OBLIGATIONS": The City has not designated the bonds as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions. LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller, Canfield, Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield, Paddock and Stone, P.L.C. for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue its approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone, P.L.C. has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. In submitting a proposal for the bonds, the bidder agrees to the representation of the City by Miller, Canfield, Paddock and Stone, P.L.C., as bond counsel. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at DTC in New York, New York, or f such other place to be agreed upon. The usual closing documents, including a certificate that no 0 litigation is pending affecting the issuance of the bonds, will be delivered at the time of delivery ~ g of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, ~ on the 45th day following the date of sale, or the first business day thereafter if said 45th day is ~ not a business day, the successful bidder may on that day, or any time thereafter until delivery of ~ the bonds, withdraw its proposal by serving notice of cancellation, in writing, on the g undersigned in which event the City shall promptly return the good faith deposit. Payment for , the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on the bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid for by the purchaser. OFFICIAL STATEMENT: A copy of the Official Statement relation to the Bonds may be obtained by contacting Robert W. Baird & Co., at 1001 Bay Street, Traverse City, Michigan 49684, telephone number: 231-933-8447, fax number: 231-933-8448. The Official Statement is in a form deemed final by the City for purposes of paragraph (b)(l) of SEC Rule 15c2-12 (the "Rule"), but is subject to revision, amendment and completion in a final Official Statement. After the award of the bonds, the City will provide on a timely basis 100 copies of the final Official Statement, as that term is defined in paragraph (e)(3) of the rule, at the expense of -4- the City (and such additional copies of the final Official Statement as reasonably requested by, and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders to comply with paragraph (b )( 4) of the Rule and the rules of the Municipal Securities Rulemaking Board. Requests for such additional copies of the final Official Statement shall be made to Robert W. Baird & Co., at the above address within 24 hours of the award of the bonds. CONTINUING DISCLOSURE: As described in greater detail in the Official Statement, the City will agree in the resolution to provide or cause to be provided, in accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and exchange Commission, (i) on or prior to the 1st day of the sixth month following the end of the fiscal year of the City, commencing with the fiscal year ending June 30, 2003, certain annual financial information and operating data, including audited financial statements for the preceding fiscal year, (or if audited financial statements are not available, unaudited financial statements) generally consistent with the information contained or cross-referenced in the Official Statement relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect to the Bonds and (iii) timely notice of a failure by the City to provide the required annual financial information on or before the date specified in (i) above. FINANCIAL ADVISOR: Further information relating to the bonds may be obtained ~ from Robert W. Baird & Co. at the address and telephone numbers listed above. ~ Q ~ THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. I ~ ENVELOPES containing the bids should be plainly marked "Proposal for General ;;: Obligation Limited Tax Bonds, Series 2003." /j n' ,~ Gail Kundinger City Clerk City of Muskegon DELIB:238943 l .21063684-00032 -5- 2003-21 (a) RESOLUTION RE AWARD OF BONDS CITY OF MUSKEGON County of Muskegon, State of Michigan Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City" or "Issuer"), held on the 25th day of February, 2003, at 5:30 o'clock p.m., Eastern Standard Time. PRESENT: Members Mayor Warmington. Vice Mayor Buie, Commissioner Corrmissioners Gawron, Larson, Schweifler, Shepherd & Spataro ABSENT: Members _J'Jeill]ce_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The following preamble and resolution were offered by Member Spa taro and supported by Member _T,.,,«a~r1;s-Uoc.uu'------- WHEREAS, February 25, 2003, at 2:00 o'clock p.m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of the Issuer's General Obligation Limited Tax Bonds, Series 2003; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the bids attached hereto and made part hereof have been received. AND WHEREAS, the bid of _ ___,,Ru.oub.u.eur...Jt~.-'wru...,_E=a..i.i_..r_,_,d~&,.__cLJ.J_a_ _ has been determined to produce the lowest interest cost to the Issuer. NOW, THEREFORE, BE IT RESOLVED THAT: I. The bid of __Rcco"-b"""'e,,_r.,,_t__,,w_,_.____.kBceac,i'-"r'--'d'--"'-&---'"C'-"o'--'.----' as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds. 4. All changes respecting the Bonds set forth in the notice of sale published in connection with the sale of the bonds and the notice of sale be and are hereby approved and cj __; ~ ratified. z 0 Iii 0 ~ 5. All resolutions and parts of resolutions insofar as they conflict with the provisions "' 0 I .., 0 w of this resolution be and the same hereby are rescinded. ii: z 5 a'. j :E AYES: Members Buie, Gawron, Larson, Schweifler, Shepherd Spataro, Warmington NAYS: Members _ ___._._._~'---- -- - -- - - - -- - ----- RESOLUTION DECLARED ADOPTED. I . ~ Q~~ City Clerk -2- I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on February 25, 2003, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. tli_Q _L~ . City Clerk ~ DELIB:2390064. 1\063684-00032 -3- $1,575,000 City of Muskegon County of Muskegon, State of Michigan GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2003 Interest Rate Summary Due Principal 1-Jun Amount McDonald Wachovia Citizens, Flint Robert W. Baird 2004 $105,000 2.00 2.00 2.50 2.00 2005 $105,000 2.00 2.00 2.50 2.00 2006 $105,000 2.00 2.25 2.50 2.00 2007 $110,000 2.10 2.50 2.50 2.38 2008 $110,000 2.55 2.75 2.50 2.88 2009 $115,000 2.90 3.00 2.90 3.13 2010 $120,000 3.25 3.25 3.20 3.50 2011 $120,000 3.50 3.50 3.45 3.50 2012 $125,000 3.65 3.63 3.60 3.70 2013 $130,000 3.75 3.75 3.70 3.80 2014 $135,000 3.90 3.85 3.90 3.90 2015 $145,000 4.00 3.90 4.00 4.00 2016 ~150,000 4.10 4.00 4.10 4.05 $1,575,000 TIC 3.713032 3.712017 3.749212 3.650885 F~b 25 03 02:14p MAC of' MI (313) 963-0943 p.3 i'' i ::, f Bll>FORM _., ,, .. $1,575,000 '' ;l, CITY OF MUSKEGON ColUlll ef 111.,kqoa, Stale uf Michigan :j Cmenl Obllgallon Llmllod Tu Boad1, Serit0 !003 ..,;, ' ·'·( '! ' Mt. Gail KundiiqJu, Ciiy Clork Feb,uuy 2S, ZOOJ :L. ; ! City of Muokegon 933 rein.. Suoet P.O. Box533 MU>b8"'1, Michislll 49"3 .... P.hono Nwnbor: (23 I) 724-6709 Fox Number: (23 I) 72H768 Dear Mr. Paul, Rctm=, is made IO your "Officio! Notice of Sale" of !ho City'• $1,575,000 O=ral Obligation Limited T.x Bond,, Sori.. 2003. Fot your legally j15ued bonds. H de.tcribed in uid notice of ••le,~ will pay you par and ac.crued interest from dlte of i9.1UI:. to date of dcliwry to "'• plu:..,a paenW.a4ess & discount (cro!\S out the non-fpplieable flhnte) or S~'5for bonds matoring and bea,ing in._l u !bllow,: 2.Ul % June: l, 2004 lwicl,2005 June I, 2006 1-; % Jone I, 2012 lune I, 2013 ~% ~ % ~ June t, io14__. -~% June I, 2007 J_, I, 2008 ~% 1/, June I, 201S June I, 2016 33:% % June I, 2009 ~% JUDO I, 2010 June 1,1011 ~%% The following bn• been de.,jpted II Term Bonds. Mtnd•ton: Redmmtion.s Mm1t!OO' Rcdrjmptjpnt From,..__ To_ _ Fn>IIL_.. To__ Fro'"-- To_ From__ To__ n,. bid it for oll or none oftbe bond,. Attached herelo u (C.ohior',) (Certlrtod)·Oi,ok No, _ or Financial Surely Bona dta"tl on the - - ~ in the IIDIOunl of Sl!,500, which i, our Oood Faith:l)•po•il ud whioh it oubmitted under the tcnna tel forth in Ibo "Official . ,!'lot::~~~~b all,t Robert w. Baird & Co. Re,pe<llul;ym•'tt,d,. /h.. -~- .. --~, - ,•'i of .ocowd. memlJlll.l;i "-) "'"'""'"""'"AV'ENUE ,77:t. WI5CO~SiN =---• ~-,.#(""---'-''- f .. ' ~ .. JIILWAIJKEE, WISCONSIN ...._ fllOHE;(CUJ7111-7ta1 H:IOII By: , Authoriz- • ~r -en!ftt!~ER Thi follo'WUII is a computation of th• true intereat cost on tho above bid. This ciomp\ltltion i:11 not to be oona:tdottld M part of th, bid and ia ali>jeot to ..,-if,cation: Truo lntereat Cc,t S M?,~;.111l<'i Return of the sood f1ilh check i, True lnttrcst Rate 3 ,ftjpfl ¾ hawby aoknowledged on lhi• tilt 25th d&y ofF•bruacy 2003. By:._------- l'IHC of Ml lcJ13J So8··uS43 I'. 4 PARITY Bid Form Page I of2 '..0~• Wachovia Bank, National Association - Charlotte , NC's Bid .-~- .wi41.n1 .,,•rv:·· , ... Muskegon $1,575,000 General Obligation Limited Tax Bonds, Series 2003 For the aggregate principal amount of $1,575,000.00, we will pay you $1,552,777.90, plus accrued interest from the date of Issue to the date of delivery The Bonds are to bear interest at the following rate(s): Maturity Date Amount$ Coupon% 06/01/2004 105M 2.0000 06/01/2005 105M 2.0000 06/01/2006 105M 2.2500 06/01/2007 110M 2.5000 06/01/2008 110M 2.7500 06/01/2009 115M 3.0000 06/01/2010 120M 3.2500 06/01/2011 120M 3.5000 06/01/2012 125M 3.6250 06/01/2013 130M 3.7500 06/01/2014 135M 3.8500 06/01/2015 145M 3.9000 06/0112016 150M 4.0000 Total Interest Cost: $426,212.81 Discount: $22,222.10 Net Interest Cost: $448,434.91 TIC: 3.712017 nme Last Bid Received On:02I25/2003 1:24:05 EST This proposal is made subject to all of the terms and conditions of the Official Bid Fom1, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Wachovia Bank, National Association, Charlotte , NC Contact: Bill Albright Title: Telephone:704-374-3352 Fax: Issuer Name: City of Muskegon Company Name: Accepted By: Accepted By: I..U--, I ln, ..... , ........ -i ............. !D,u•itu/m-:lin htm?frllmP~nntent&naQ:e=naritvBidfonn&customer=T .. . 2/25/2003 reu £..:;.:;. u..:J u.c.; iop l'lt-iL,. OT I'll lJJ..;JJ ~oJ~LJ.::;l',-.;i F'." 02-25-2003 MUSKEGON 1:46 PM LTGO NR/AAA FGIC $8.38 (NR/A} McDonald & co. Securities, Inc· '•Int !'rom: 3/ 1/2003 First Coup: 6/ 1/2003 ·Del -Date: 3/11/2003 Total Maturity Amount Coupon Yield Price Cone TakeDn Conc+TkDn '-G-f,/ 01 / 04 105 2.000 1.100 1-0l. 088 0 .000 · 3.750 3.750 105 2.000 1.300 lOl. 527 0.000 3.750 3.750 • 06/01/05 105 2.000 1.700 100.935 0.000 3.750 3.750 06/01/06 110 2.100 2.100 100.000 0.000 3.750 3.750 06/01/07 ·(H;/01/08 110 2.550 2,550 100;000 0.000 5.000 5.000 06/01/09 115 2.900 2.900 100.000 0.000 5.000 5.000 06/01/10 120 3.250 3.250 100.000 0.000 5.000 5.000 06/01/11 120 3.500 3.500 100.000 0.000 5.000 5.000 06/01/12 125 3.650 3.650 100.000 0.000 S.000 5.000 06/01/13 130 3.750 3.750 100.000 0.000 5.000 5.000 06/01/14 135 3.900 3.900 100.000 0.000 7.500 7.500 06/01/15 145 4.000 4.000 100.000 0.000 7.500 7.500 06/01/1.6 150 4.100 4.100 100.000 0.000 7.500 7.500 ==::::::••-== ====== ;;;;====== ""==== ===== ===== TOTAL 1,575 3.523 3 .491 0.000 5. 345 5.345 Per $1000 Per $100 $Total Par Value Par Value Par Amount = $ 1,575,000.00 Gross Prod = $ 1,578,727.50 1,002.3667 100 ,,2,367 Bid• $ 1,552,320.00 985.6000 98.5600 Spread $ 26,407.50 16.7667 l. 676-7 Accrued Int= $ 1,375.0? 0.8731 0.0873 Ace Int/Daya $ 137.51 0.0873 0.0087 Value .05% = $ 5,023.15 3.1893 0. 3189 Avg Life = 7 Years, 8 Months, 7 Days or 7.6849 Years ***********k NIC CALCULATION********************** BID SUMMARY ****W****** • Total Bond Years: 12,103. 75 * • * Gross Interest Cost: $ 426,428.13 * Dollar Bid=$ 1,552,320.00 * * Less Premium: $ .. Q.00 * Discount = $ 22,680.00 * • or Plus Discount: $ 22,680.00 • • · • Net Interest Cost: $ 449,108 ,-13 • NIC% = 3. 710487 * , *$1 of Spread= 0.0130 TONIC * TIC% 3.713032 to Dated Date* •.Ol of NIC= 0.7685 to Spread(Per 1000) * TIC%= 3.715135 to Delivery • • Arbitrage Yield 3.456457 • ** * * * * ******'Ir ir W***fr**"' *1'r ***'If*********** 't-11 **** •• ff*·* ,t'k Wilr -k ** *** * * * * * * * • * * * * * * * 1'r * ------------------------- 98.560 Other Input Data ------------------------- Legal Coupon Multiples: 0.050 0.125 Minimum Bid%: Maximum Bid%: 101. 000 Annual Maturities '·Required Spread Per Bond: 0.000 SemiAnnual Coupons Optimization Level: 2 Call Type 0 Bond Insurance Costs 0.00 Bond Bidder Version 5.21, Revised 3/17/95 rlHL, O't l'\.l I"• 0 PARITY Bid Fonn Page 1 of2 Citizens Bank - Flint , Mi's Bid ...•-GIA 1n1•ru:·· ~=r ~r.aa.n:,.r Muskegon $1,575,000 General Obligation Limited Tax Bonds, Series 2003 For the aggregate principal amount of $1,575,000.00, we will pay you $1,551,636.20, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturity Date Amount$ Coupon% 06/01/2004 105M 2.5000 06/01/2005 105M 2.5000 06/01/2006 105M 2.5000 06/01/2007 110M 2.5000 06/01/2008 110M 2.5000 06/01/2009 115M 2.9000 06/01/2010 120M 3.2000 06/01/2011 120M 3.4500 06101/2012 125M 3.6000 06/01/2013 130M 3.7000 06/0112014 135M 3.9000 06/01/2015 145M 4.0000 06/01/2016 150M 4.1000 Total Interest Cost: $429,378.75 Discount: $23,363.80 Net Interest Cost: $452,742.55 TIC: 3.749212 Time Last Bid Received On:02125/2003 1:58: 19 EST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Citizens Bank, Flint , Ml Contact: John Linne Title: Asst Vice President Telephone:248-691-6511 Fax: 248-691-6558 Issuer Name: City of Muskegon Company Name: Accepted By: Accepted By: '-••-··''······· tnn1 MnniP,,.;tv/mAin htm?frame=content&oage=oaritvBidfonn&customer=T... 2/25/2003 Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Finance Director RE: Liability/Property Insurance Renewal SUMMARY OF REQUEST: To renew the city's liability and property insurance coverage with the Michigan Municipal Risk Management Association (MMRMA), an intergovernmental self-insurance pool representing more than 300 Michigan municipalities. Since 1986 the city has had liability coverage through the MMRMA; in 1999 property coverage was added . The city is coming off a three-year fixed rate contract with MMRMA during which time the insurance industry was rocked by both the stock market collapse and the 9/11 terrorist attack. Therefore, a significant renewal rate increase was not unexpected. FINANCIAL IMPACT: Total contribution of $856,599 comprised of two components: $594,515 fixed insurance costs and $262,084 contribution to the city's self-insured retention fund. The fixed insurance costs represent a 29% increase over 2002 costs. BUDGET ACTION REQUIRED: None. The city's 2003 budget anticipated a 24% premium increase. Since the quoted renewal (29% increase) is for a twelve month period ended March 1, 2004, only ten months of the higher premium will impact FY 2003 so the current budget is adequate. STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with MMRMA. Staff believes that intergovernmental procurement of insurance coverage is most cost-effective approach. Moreover, the MMRMA program has the broadest coverage available to Michigan municipalities and the city's past experience with the program has been very positive. COMMITTEE RECOMMENDATION: None. 9/18/97 ;)...O C ~ - .;,._ \ ~) Date: February 25, 2003 To: Honorable Mayor and City Commission From: City of Muskegon Board of Review Re: Letters of Appeal SUMMARY OF REQUEST: To obtain approval of the City Commission to allow letters of appeal from residents for the Board of Review to act upon. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None COMMITTEE RECOMMENDATION: Approve the resolution. STAFF RECOMMENDATION: Approve the resolution. 00 i I, I I' MCL 211.30 (5) (5) The governing body of the township or city may authorize, by adoption of an ordinance or resolution, a resident taxpayer to file his or her protest before the board of review by letter without a personal appearance by the taxpayer or agent ..... RESOLUTION# 2003-21 ( c) MUSKEGON CITY COMMISSION RESOLUTION TO GRANT RESIDENTS APPROVAL TO FILE LETTERS OF APPEAL TO THE BOARD OF REVIEW WHEREAS, letters of appeal are currently limited to non-resident property owners, and; WHEREAS, residents should be given the same opp011unity to appeal by letter, and; WHEREAS, the Board of Review wishes to process letters of appeal equitably for all property owners; NOW, THEREFORE, BE IT RESOLVED that the City Commission hereby authorizes the Board of Review to accept letters of appeal from residents, as well as, non-residents. Adopted this 25 th day of February, 2003 AYES: 7 NAYS: 0 ABSENT: · O CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on . F~bruary 25, 2003The 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~w J Gail A. Kundinger, City Clerk AGENDA ITEM NO. ~ ;;2,oo - ;;, (- d) CITY COMMISSION MEETING 2/25/03 TO: Mayor Warmington and City Commissioners FROM: Lee J. Slaughter, Assistant City Manager DATE: February 18, 2003 RE: Clerical Union Tentative Agreements (TA's) SUMMARY OF REQUEST Staff recommends approval of the set of tentative agreements reached with and ratified by the Clerical union on Monday, February 17, 2003. FINANCIAL IMPACT The overall financial packet is around 10% of payroll. The packet includes two significant economic issues: Wages: Contract Yrs. 2003 2004 2005 3.00% 3.00% 2.50% Multiplier: Increased from 1.9% to 2.25%, effective at the end ofthe contract December 31, 2005. BUDGET ACTION None. STAFF RECOMMENDATION Staff recommends approval. Affir mollve Action (23 1)724-6703 FAX: (231)722-1214 Assessor/Equallzatlon (231 )724-6708 FAX: (23 1)726-518 1 Cemetery Deportment (23 1)724-6783 FAX: (231)726-5617 City Manager (23 1)724-6724 West Michigan's Shol'CUnc City FAX: (231)722- 1214 Clvll Service (23 1)724-67 16 FAX: (231)724-4405 MEMORANDUM C lerk TO: Mayor and City Commissioners (231 )724-6705 FAX: (23 1)724-4178 FROM: Lee J. Slaughter, Assistant City Manager Community and DATE: February 18, 2003 Neigh, Services RE: Tentative Agreements (TA's) Reached with the Clerical Union (23 1)724-67 17 FAX: (23 1)726-2501 Compute r Info, Attached please find a set of Tentative Agreements (TA's) reached with the Clerical Systems Union. (231)724-6744 FAX: (231)722-4301 E ngineering Dept. BACKGROUND (23 1)724-6707 FAX: (23 1)727-6904 The union conh·act expired December 31, 2002. On October 31 st we received Flnnncc Dept. correspondence from the union notifying us of their interest in opening the conh·act for (231)724-67 13 rd FAX: (231)724-6768 the purpose of negotiation. We began contract negotiations on December 3 2002 and reached TA with them on Thursday, February 6th 2003. On Monday, February 17, the Fire Department (23 1)724-6792 union membership ratified the set ofTA's. FAX : (231)724-6985 Income Tax We are pleased to have reached this set ofTA's with this unit. While the packet reflects (23 1)724-6770 FAX: (23 I )724-6768 issues of interest to both parties, we are particularly pleased about having a number of critical issues that will streamline operations as well as reduce future health care cost. lnspecllon Ser vices (231 )724-67 15 Among them are items number 16 and 17 (see TA's). Further discussion will be held in FAX: (231)728-4371 Closed Session on Tuesday, February 25th . Leisure Services (23 I )724-6704 FAX: (231)724- 1196 Please feel free to contact John Schrier, Bryon, or myself if you have question(s). Mayor's Office (231 )724-670 I Thank you. FAX: (23 1)722-1214 Planning/Zoning C: Bryon Mazade (231 )724-6702 FAX: (23 1)724-6790 Dept. Heads Police Dcptartment (231 )724-6750 FAX: (231)722-5 140 Public Works Dept. (23 1)724-4 100 FAX: (23 1)722-4 188 Trensurer's O ffice (231 )724-6720 FAX: (23 1)724-6768 Water DIiiing Dept. (231)724-6718 FAX: (23 1)724-6768 Water FIitration (231)724-4106 FAX: (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 www.shorelinecity.com TENTATIVE AGREEMENTS ONLY CLERICAL UNION and CITY OF MUSKEGON February 11, 2003 1. Article 26 - - TENTATIVE AGREEMENT to Union proposal to add grandparents and grandchildren as individuals covered to by allowed use of sick leave. 2. Article 32 - - TENTATIVE AGREEMENT to Union proposal to modify the optical and dental benefits. The benefits provided to non-union employees effective January!, 2003 will be provided to this unit. 3. Article 33 - - TENTATIVE AGREEMENT to Union proposes to increase the pension multiplying from 1.9% of final average compensation to 2.25% of final average compensation effective December 31, 2005. 4. Article 33 - - TENTATIVE AGREEMENT to Union proposal to eliminate reference to the $4,200 compensation relating to contributions. 5. Article 33 - - TENTATIVE AGREEMENT to Union proposal to increase the employer match of the 457 Plan from $350 per year to $500 per year for the period January!, 2003 to December 31, 2005. Effective January 1, 2006, the City will no longer need to match contributions. 6. Article 39 - - The present language will be eliminated and effective January I, 2003 the following will apply: a) The names of temporary employees and the department where working will be provided to the Union on a monthly basis; b) An individual temporary employee may fill a position for 6 months. At the conclusion of 6 months, the position may be filled by a different temporary employee or by a city employee; c) After a temporary employee has worked for the city for 6 months, the temporary employee may not work for the City for 15 calendar days. 6. Article 44 - - TENTATIVE AGREEMENT to Union proposal to increase wages by 3% - 3% - 2.5% in each of the next three years. G:\EDSI\FILES\00100\099225\MISC\AR199B.DOC 7. Article 44 - - TENTATIVE AGREEMENT to merge the positions of Account Clerk I, Clerical Assistant, Clerk Typist and Income Tax Clerk and the new position shall be called Customer Service Representative I. Police Clerk, Assessing Clerk, Department Secretary, Department of Public Works Clerk, Income Tax Revenue Clerk, and Revenue Clerk shall become Customer Service Representative II and be paid consistent with the Revenue Clerk salary schedule. Civil Service will prepare a job description for both positions. (For aid in implementing this proposal, employees will move to the step which has the same compensation or immediately above the employee's current compensation, i.e., a Police Clerk, Step 9 would move to Customer Service Representative II, Step 5.) 8. Article 44 - - TENTATIVE AGREEMENT to Union proposal to provide for an automatic step increase at the completion of probation. This provision will be effective July 1, 2003. 9. Appendix B - -TENTATIVE AGREEMENT to Union proposal to modify the longevity pay, as follows: Effective January 1, 2003, semi-annual payments to be paid in June and December using the following formula: 2% of Base Pay after 5 years of service 4% of Base Pay after 10 years of service 6% of Base Pay after 15 years of service 8% of Base Pay after 20 years of service 10% of Base Pay after 25 years of service Longevity payments shall be based on a maximum salary of $15,000. 10. New Section - - TENTATIVE AGREEMENT to Union proposal that City shall establish a bank of thirty-two (32) hours per calendar year. The bank of time may be used by union representatives for attendance at union conferences, but no more than two employees per day. The Union may request employees attend union conferences, and the employees shall receive their compensation from that account. SEIU shall provide three (3) weeks' notice as to which employees will be attending union conferences and on what dates. City does have the right to refuse attendance based upon weather conditions, staffing requirements, or other factors that would require the individual to perform his or her duties as scheduled. Upon completion of the conference, the Union shall reimburse the City for the hours deducted from the Union bank. City will charge the actual salary plus cost of fringe benefits for the individual involved. City shall be reimbursed either by way of a check issued by the SEIU or an offset of the union dues to be forwarded by the City to the SEIU. Deductions from the Union bank may be in increments of no less than eight (8) hours. On January 1 of each year the time in the bank shall be increased to 32 hours. G:\EDSI\FILES\0D100\099225\MISC\AR1998.DOC 11. TENTATIVE AGREEMENT to City proposal to cleanup the following areas: a. Include "DPW" in Article I, dealing with recognition and the wage schedule; b. Article 31 (b )(!) - add the additional phrase "or his/her designee." c. Article 31 (c)(3 through 6) should be relocated into the appropriate contractual provision, and insure that it is consistent with practice and contract provisions. 12. Article I - - TENTATIVE AGREEMENT to City proposal to eliminate Network Technician and Computer Technician from the Recognition clause. 13. Article 17 - - TENTATIVE AGREEMENT to City proposal that, if an employee transfers to another position, whether it be within this unit or outside of the unit, the employee shall have thirty (30) calendar days within which the employee may transfer back. This provision does not affect situations where an employee promotes to another position and fails the promotion or takes the promotion and thereafter chooses to return to the former position. 14. Article 18 - - TENTATIVE AGREEMENT to City proposal to reduce the period for posting competitive promotional examinations from ten (10) days to five (5) work days, but it must continue into the first day of the work week after it has been posted. 15. Article 30 - - TENTATIVE AGREEMENT to City proposal to revise personal leave days to provide personal leave days on a prorata basis during the first year of employment. An employee who works for six months shall receive personal leave days on a pro rate basis. 16. Article 32 - - TENTATIVE AGREEMENT to City proposal employees hired after January I, 2003 shall not receive post-retirement health care benefits if the employee leaves City employment prior to qualifying for an immediate payable benefit from the General Employees Retirement System. 17. Article 32 - - TENTATIVE AGREEMENT to City proposal that employees who are hired after January I, 2003 shall receive health care benefits for employees only if the employee qualifies for immediate payable benefits from the General Employees Retirement System. 18. Article 44 - - TENTATIVE AGREEMENT to City proposal to require mandatory full direct deposit of bi-weekly pay, including any overtime payments. G:\EDSI\FILES\00100\099225\MISC\AR1998.DOC Date: February 25, 2003 To: Honorable Mayor and City Commissioners From: Lee Slaughter, Assistant City Manager RE: General Employees' Retirement System Ordinance Change SUMMARY OF REQUEST: To adopt the ordinance change which will increase the multiplier for the Clerical Union. STAFF RECOMMENDATION: Approval PARMENTER O'TOOLE Allomeys at law 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786 Phone 231 .722.1621 • Fax 231.722.7866 o r 231.728.2206 www.Parmenterlaw.com February 18, 2003 Lee Slaughter City of Muskegon 933 Tenace P .O. Box 536 Muskegon, MI 49443-0536 Re: General Employees' Retirement System: Clerical Union For Non-Union Employees Dear Ms. Slaughter: Enclosed please find a proposed ordinance concerning increasing the multiplier for the Clerical Union. John C. Schrier Direct: 231.722.5401 Fax: 231.728.2206 E-Mail Address: jcs@parmenterlaw.com Enclosure RECEIVED FEB 1 8 2003 MUSKEGON CITY MANAGER'S OFFICE G:IEDSIIFILES\00100I0085\LTRIAR5965.DOC City of Muskegon Muskegon County, Michigan ORDINANCE NO. ---2.illl.9 The City Commission of the City of Muskegon hereby ORDAINS: Appendix B of the Code of Ordinances of the City of Muskegon concerning the General Employees Retirement System is amended, as follows: I. Section 6.1. shall be amended to read, as follows: Section 6.1. Subject to Section 6.1, the amount of the level straight life pension shall be his final average compensation multiplied by the product of the applicable factor and credited service. The credited service and pension amount shall be subject to the applicable maximums. The applicable factors and maximum are: Maximum Years Maximum Retirement of Credited Pension Date Service Amount Non-Union Employees 1.2% of the No No On or Before first $4,200 Limit Limit 12/31/93 of final average compensation plus 1.7% of final average compensation in excess of $4,200. On or After 1.2% of the No No 01/01/94 and first $4,200 Limit Limit Before 12/31/98 of final average compensation plus 1.7% of final average compensation in excess of $4,200 for years the employee was represented by a union plus 2% for years while not represented G:\EDSI\FILES\00100\0085\MISC\AR5967.DOC by a labor organization. On or After 01/01/99 and Before 12/31/99 2.1% No No Limit Limit On or After O1/01/00 2.25% No No Limit Limit Union Clerical Emgloyees On or Before 1.2% of the No No 12/31/96 first $4,200 Limit Limit of final average compensation plus 1.7% of final average compensation in excess of$4,200. On or After 1.2% of the No No 01/01/97 and first $4,200 Limit Limit Before of final average 01/01/2002 compensation plus 1.8% of final average compensation in excess of $4,200. On or After 1.9% No No 01/01/2002 and Limit Limit Before 12/30/05 On or After 2.25% No No 12/31/05 Limit Limit G:\EDSI\FILES\00100\0085\M!SC\AR5967.DOC I • Union Em12loyees - - DPW/Leisure Services On or Before 1.2% of the No No 12/3 1/95 first $4,200 Limit Limit of final average compensation plus 1.7% of final average compensation in excess of $4,200. On or After 01/01/96 1.9% No No Limit Limit On or After 01/01/98 2.1% No No Limit Limit On or After 01/01/02 2.25% No No Limit Limit This ordinance adopted: Ayes:sbepberd, Spataro, Warmington, Buie, Gawron, Larson, Sehweifler Nays: None Adoption Date: February 25, 2003 EffectiveDate: March 14, 2003 First Reading: February 25. 2003 Second Reading: __.JI...Cl.._ __ _ _ _ _ _ __ By: ___x~~~A.....~~ ~ ~ ~~ Gail A. Kundinger, MMC City Clerk G:IEDSIIFILES\00100\0085\MISCIAR5967 .DOC CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 25th day of ·,Fe:brua_ry , 2003, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: F-ebruarv 25 , 2003 4,i/. Gail A. Kundinger, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. G:IEDSI\FILES\00100\0085\MISCIAR5967.DOC CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on Februa r y 2 5 , 2003, the City Commission of the City of Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the General Employees Retirement System, summarized as follows: 1. Section 6.1 shall be amended to provide a 2.25% multiplier for Clerical union employees effective December 31, 2005. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. Published March 4 , 2003 --------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE . G:\EDSI\FILES\00100\0085\MISC\AR5967.DOC AGENDA ITEM NO. ~003- ol \ - t) CITY COMMISSION MEETING - - - - - - TO: HONORABLE MAYOR AND CITY COMMISSION FROM: Pat Simpson, Bryon Mazade, Tim Paul DATE: February 18, 2003 SUBJ: Request Permission to Award Bid for Organizational Assessment to Ludwig Group LLC SUMMARY OF REQUEST: Requesting City Commission permission to award bid for organizational assessment of the Muskegon Fire Department to Ludwig Group LLC. FINANCIAL IMPACT: $22,500 BUDGET ACTION REQUIRED: STAFF RECOMMENDATION Staff recommends approval of bid for organizational assessment of the Muskegon Fire Department to Ludwig Group LLC. COMM ITTEE RECOMMENDATION Muskegon Fire Department Memo To: Honorable Mayor and City Commission From: Pat Simpson, Bryon Mazade, Tim Paul Date: February 18, 2003 Re: Organizational Assessment On February 4, 2003, the City of Muskegon received three proposals for an organizational assessment of the Muskegon Fire Department. The proposals for all three companies were evaluated based upon cost, methodology, scope of work, draft and final report components, time to completion, and a reference check. Based upon this analysis, we are recommending that the firm of "Ludwig Group, LLC" be awarded the contract in the amount of $22,500.00. The "Ludwig Group LLC" was low bidder and a check of six references indicated that past work by this company in other jurisdictions was thorough, concise, and an action plan was presented in each case that was implemented with the desired results. EVALUATION OF FIRE DEPARTMENT RFD FOR FIRE/EMS ORGANIZATIONAL ASSESSMENT MANAGEMENT ADVISORY FIRM NAME TRI DATA LUDWIG GROUP GROUP ADDRESS ARLINGTON, VA TALLAHASSEE, FL HILLSBORO, MO TOTAL COST $49,075.00 $34,900.00 $22,500.00 Report Parts: A. Executive Summarv Yes Yes Yes B. Scope of Work Meets RFP Meets RFP Meets RFP 1. evaluate and identify 1. evaluate and identify 1. planning and collection C. Methodology 2. process 2. recommendations 2. analysis 3. reports 3. reports 3. reports D. Draft and Final Report Yes Yes Yes E. References Yes Yes Yes F. Time to Completion 90 days from sign 90 days from sign 90 days Uses current standards and Additional evaluation SWOT system Very thorough knowledge of fire service Small enough for personal touch Bid is low enough to use same money for additional detail, if needed INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made and effective this March 22, 2002, by and between The Ludwig Group, LLC ("Consultant") and City of Muskegon, Michigan ("Political Subdivision"). Now, therefore, Consultant and Political Subdivision agree as follows: I. Engagement. Political Subdivision hereby engages Consultant, and Consultant accepts engagement, to provide to Political Subdivision the following services: Evaluation of conditions and recommendations affecting fire protection and emergency medical services of the City of Muskegon including but not limited to station additions and/or locations, alternatives for staffing, alternatives to fire department organization and management structure, efficient deployment of present apparatus and equipment needs, mission of EMS, recommendations of staffing and response times relating to national standards for advanced life support for EMS. 2. Term. Consultant shall provide services to Political Subdivision pursuant to this Agreement for a term commencing on April I, 2003 and ending on June I, 2003. 3. Place of Work. Consultant shall render services primarily at Consultant's offices, but will conduct three site visits and upon request, provide the services at Political Subdivision offices or such other places as reasonably requested by Political Subdivision as appropriate for the performance of particular services. 4. Payment. Political Subdivision shall pay Consultant $22,500.00 for services performed pursuant to this Agreement. Seventy-five percent of payment shall be made withiu two weeks after delivery of draft report and the remiuding 25 percent balance within two weeks after delivery of final report . Consultant shall bear all of Consultant's expenses incurred in the performance of this Agreement. 5. Confidentiality. During the term of this Agreement, and thereafter for one year, Consultant shall not, without the prior written consent of Political Subdivision, disclose to anyone any Confidential Information. "Confidential Information" for the purposes of this Agreement shall include Political Subdivision's proprietary and confidential information such as, but not limited to, customer lists, business plans, marketing plans, financial information, designs, drawing, specifications, models, software, source codes and object codes. Confidential Information shall not include any information that: Page I of3 A. is disclosed by Political Subdivision without restriction; B. becomes publicly available through no act of Consultant; C. is rightfully received by Consultant from a third party. 6. Termination. A. This Agreement may be terminated by Political Subdivision as follows: 1. If Consultant is unable to provide the consulting services by reason of temporary or permanent illness, disability, incapacity or death. ii. Breach or default by Consultant of any other material obligation in this Agreement, which breach or default is not cured within five ( 5) days of written notice from Political Subdivision. B. Consultant may terminate this Agreement as follows: 1. Breach or default of any material obligation of Political Subdivision, which breach or default is not cured within five (5) days of written notice from Consultant. n. If Political Subdivision files protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver is commenced by a third party against Political Subdivision, any of the foregoing of which remains undismissed for a period of sixty (60) days. 7. Independent Contractor. Consultant is and throughout this Agreement shall be an independent contractor and not an employee, partner or agent of Political Subdivision. Consultant shall not be entitled to nor receive any benefit normally provided to Political Subdivision's employees such as, but not limited to, vacation payment, retirement, health care or sick pay. Political Subdivision shall not be responsible for withholding income or other taxes from the payments made to Consultant. Consultant shall be solely responsible for filing all returns and paying any income, social security or other tax levied upon or determined with respect to the payments made to Consultant pursuant to this Agreement. 8. Tools and Supplies. Unless otherwise agreed to by Political Subdivision in advance, Consultant shall be solely responsible for procuring, paying for and maintaining any computer equipment, software, paper, tools or supplies necessary or appropriate for the performance of Consultant's services hereunder. 9. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. Page 2 of3 10. Headings. The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this Agreement or any of the obligations herein. 11. Final Agreement. This Agreement constitutes the final understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties, whether written or oral. This Agreement may be amended, supplemented or changed only by an agreement in writing signed by both of the parties. 12. Notices. Any notice required to be given or otherwise given pursuant to this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent by recognized overnight courier service as follows: If to Consultant: The Ludwig Group, LLC c/o Gary Ludwig 9525 E. Vista Drive, Suite 200 St. Louis, MO 63050 If to Political Subdivision: City of Muskegon 933 Terrace Street Muskegon, Ml 49440 13. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first above written. 't- ~1-~3 Date Page 3 of3 DATE: February 17, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Director Inspection Services Dept. Re: Concurrence with the Housing Board of Appeals Notice and Order to demolish. Dangerous building case #02-068- 1968 Leahy (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 1968 Leahy (Garage) 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: 02-068 -1968 Leahy (Garage) Location and ownership: This structure is located on Leahy between Holbrook and Keating. It is owned by Idell Sheard. Staff Correspondence: This structure was written as a dangerous building when it was reported open 9/11 /02. A notice and order to repair or remove was issued 9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr. Sheard was at that meeting and stated he would demolish the garage. As of this date no demolition permit has been pulled. Owner Contact: None Financial Impact: The cost of demolition will be paid with general funds. Budget Action Required: None SEV: $24,400 Estimated Cost of Repairs: $1,500 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on Tuesday, February 26, 2003. \ <\~I' L~h, Go"~~t.- On\'i I ' ! i I I j I I I 1 . . , I ,.Jr~(JCPr 5f~,.,- ! I I I ! I I I . ,-------L 198s-- - 1975 I 1-·-·-7-··o _1988____ r 1S-7L ___liJ68 ---1960. -----;--1,';lli~----,-_19.4.6__J_9.3_s_ _ _J_;;JJ_2 ____1.§l_M__--,-_l9J_6___ -,190.a_, ' I I I ! ' I I I I I I 118.90_ -1884 -, 1876 ---- 1868__ , __ 1860 ·1-- 11 I I I I I I I I I I I I I i I / I I I I I I I I ' 1--------I I I 1 c _ ______ _J ' ,~ I~ I ··----,- ------,----- , - - - - , - ,-------r ·-- l_____ ·-'-- ---- -' - - - - - - - c . . _ _______ L ____ ,_ 1 I I gl1 I ,--~ I ! I I o 1sss rn7s 1967 1961 1953 1945 1937 -"-------~-c~-'-cc 1933 1925 1915 ~ --· 1907 .:r 1889 1881 L_____,i ,-c---:~~---...l..___ - I Lt: Pr HY 1877 1869 1859 1853 0 r-Q_ __,o_r---1.f!86__._,. _1_9_7_6 I I -,- 1~6§ _j,; 1960__ r)954------,-l9A6_ J~"a ___J..930_______l9_..1_Q _______ i I I I . r 1§9L 1881_ _ _ 1876 -----,- 1868 __1860 1852 I : i I • -"' I I I I I (P I ' I I I . I i I I I I I ' I ' I I I I I I I ' ! I i I ' I I -p I Ir- II I : i I I I I I I I I I I I ' I II 1 _ _ _ _ J~-----------' I ' I 8 - - - - L __ _ _ _ _ - - - - - - ~ - - - - - - - - - - ._ _ _ _ _ 1( :---~-------~ , I 1-----i- ----.,--,--- --- -------- r··-- ------, · ------ I I ,---, I I g: I I 1983 -- -:- -- -- ! I - - - - - -- 1___ - - - - I _____ ,___________________ _ 1975 1959 1959 1951 1943 1937 1929 1925 1915 1907 _ _ I ___ J_ , __ _ 1891 1883 1875 1867 ---- - -------- 1861 1853 , 198_4 I -- -- J.97A ______ Q_ ____ l-962.-_ .13~2 1.946 _J 9_38 I 1 1 - - -- --- -1 - 0 . 1916 I 1910 ---- ·---- For The Inspection Department File #: 424883 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Idell Sheard PROPERTY: 1968 Lenhy PARCEL NO: 24-675-026-0016-00 DESCRIPTION: Musk. Hts. Lot 16 Blk 26 FROM RECORDS OF TRANSNATION TITL~~ LIBER: 2142 & 2270 PAGE: 331 & 190 DATE OF DEED: September 1, 1998 &July 27, 1999 GRANTOR NAME & ADDRESS: Idell G, Sheard aka Idell L. Sheard llka Idell G. Brooks Sheard, 1968 Leahy St., Muskegon, MI 49442 GRANTEE NAME & ADDRESS: Idell G. Sheard, a single woman and Edward D. Sheard, a single man with joint and full rights of swvivorship and Idell G. Brooks Sheard, a single woman and Hottie M. Sheard, a single woman, with joint and full rights of survivorship; 1968 Leahy St., Muskegon, Mi 49442, as their interests may appear LIENS OR MORTGAGES: TODAY'S DATE: February 14, 2003 EFFECTNE DA~TE:January 21, 2003 at 8:00 AM Abstracted by: ~ . AO.t R T NATION TITLE INSURANCE COMPANY ~ Clm..ou ~ Tho 11b0YC infc.ltnUltion i11 w ho 1,1:,;IW for r-efotonco pf.lrposci uni)' ;)nd not ta ht relied upon M cviden~ of titlo and/or cncumb~nccs. Accordini&IY, sBid informutfon i:ii fUrnishod al a rc:ductd 'fl.ICC, and lhc Compuny's liability shull in no event oxcccd the umouni P'lid tbr ii11ld information, should cvid~nCI) of titlo and/(lr cncutribt.utcos be dcairt:<4 oi,plicatlon tbr tillc: insunmco should be-ploccd whh 'l"r'1-ll~nution Title lnsuronec: Comj)wiy. Oflfl";r "C.l'JH "(\"'I 'l"il\l'Y'}.!l')C:/IJT t;f'T.tT.l /IJOT.T.VN.C:NV'rt.L NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 1968 Leahy (Garage only) (Address of Property) TO: All owners and interested parties: Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442 None (Other interested parties) On December 5, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on February 26, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. FOl'{TH,;rrq H USIN9J?OijA8.D OF APPEALS l By ,1 ,,..J A· v.J ' '..c.£,:.~· Rober{ B. Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARINGDOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING {BUILDING) BOARD OF APPEALS Date: December 6, 2002 To: Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, December 5, 2002 does hereby order that the following structure(s) located at 1968 Leahy (Garage), Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. F1zr~n:1~LS RobertlB. Grabinski, Director of Inspections O\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: November 25, 2002 Address of the Property: 1968 Leahy (Garage) TO: Hattie & Idell Sheard, 1968 Leahy, Muskegon. Ml 49442 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, December 5, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous. substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair issued 9/26/02. At the hearing on Thursday, December 5, 2002 , at 5:30 o"clock p.m., at the Muskegon City Hall, 933 Terrace Street. Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY OF MUSKEGQN INSPECTJQN DEPARTMENT, ~Zl_1;J 11:t~~~!;~D OF APPEALS Robert B. Grabinski, Director of Inspections 0 \INSPECTI0NSIGRABINSKI_L0RRAINEIW0RDIHBA MEETINGS\STANDARD FORMSIN0TICE OF HBA HEARINGO0C CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH} A STRUCTURE DATE: September 26, 2002 Address of the Property: 1968 Leahy (Garage), Muskegon, Michigan TO: Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. ~X~_ _ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1968 Leahy (Garage), Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report ~ F MUSKEGON INSPECTIONS DEPARTMENT \/)J__~~. Rob rt B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT /968 Leahy (GARAGE) 9/11/02 Inspection noted: 1. Roof deteriorated with holes. 2. Exterior needs paint. 3. Siding needs repair. 4. Footing and foundation inspection required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. 1 HA VE 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. q -· a-s <' _,,_ HENRY FA "f!NOWSKI, BUILDING INSPECT R DATE O:\lnspections\Grabinski_ Lorrainc\Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1968 Leahy -G .doc NOTICE OF RESOLUTION DANGEROUS BUILDING PROCEEDING TO ALL INTERESTED PARTIES: TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined that the building located on the following described property constitutes a dangerous building and has recommended to the City Commission that it shall be demolished. If demolished, the cost incurred by the City of Muskegon for demolition shall become a lien on this property. The determination was made by the Housing Board of Appeals on December 5 2002. The property is described as follows: *Musk. Hts. Lot 16 Blk 26 Also known as: 1968 LEAHY Any person interested in the property should consult with the Office of the City Clerk for the City of Muskegon for further information. ~o.L~ Gail A. Kundinger, cierk n<.'c_U-_j ( l ' ' C rn.. 1 /o. t t STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this /J';'/i day of g«-e,tcr 2002 by Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon. ,:;Jindk .-z<l. :trib/c ' ? g,1/ Dn.fn _-,/:/,:1 o·, Notary Public Muskegon County, Michigan My commission expires: '}-.,?-)~,_;(, Prepared By & Upon Recording Return To: John C. Schrier, Parmenter O'Toole 175 W. Apple Ave, P.O. Box 786 Muskegon, Ml 49443-0786 l-lfli\ Minutes 12i5 02 #02-02-068 - 1968 Leahy (Garage) - Idell Sheard, same address Edward Sheard was present to represent this property. He will demolish the garage within 30-45 days. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence at their second meeting in January 2003. A motion was made by Jerry Bever and seconded by Nick Kroes to accept staff recommendation. A roll cal vote was taken: AYES NAYES: EXCUSED: ABSENT Greg Borgman Randy Mackie Clara Shepherd Jerry Bever Jon Rolewicz Nick Kroes John Warner The motion carried. #02-052 - 1337 Marquette - Equicredit, Jacksonville, FL olvin and Colin Thomas were present to represent this ca been m by them and accepted by Equicredit. There wa me discussion on the quality o e roof and Henry Faltinowski stated he d inspect it with them. An interior inspe · n has not yet been conducted Staff Recommendation: AYES: EXCUSED: Greg Bo an Ran ackie Clara Shepherd J S of 9 DATE: February 17, 2003 TO: Honorable Mayor and City Commissioners FROM Robert B. Grabinski, Director Inspection Services Dept. Re: Concurrence with the Housing Board of Appeals Notice and Order to demolish. Dangerous building case #02-055- 465 Adams (Garage). SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 465 Adams (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: #02-055- 465 Adams (Garage). Location and ownership: This structure is located on Adams between Marshall and Wood Street. It is owned by Timothy Hatcher. Staff Correspondence: This structure was written as a dangerous building when it was reported open 9/11/02. A Notice and Order to repair or remove, was issued 9/26/02. On 11 /7 /02 the HBA declared the garage dangerous and substandard. There has been no contact from the current owner. Owner Contact: None Financial Impact: The cost of demolition will be paid with general funds. Budget Action Required: None SEV: $1,500 Estimated Cost of Repairs: $3,000 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on Tuesday, February 26, 2003. .... --·---· Su---- / ·'Z12;--- ' - - --- ----- ... /y Sj- -, -.-i- ~ol/ . ---,-- .-~8 - - _ /4/ iv J___ _ i --'- / -1 T --- -, _l -~ l -- i -0~ . .--~ -- -~ -1, _. ;-_,• ..... I ' ; I (f) ) ,' 1' i , _L_JW ' -- i_J --1 I -~, c_=: ' Q'.'.'.= -- ,- ! -- -- T--- <Ir - '::II- r ,U "· _I' ' ,-, ---_--- ;;--· '--.-_-! ___ _ ___ ,_JA{;J<SON /:.V : i ,-:.. . i (f) 'I ,Y:'.- ---h ---- t _(f)__ - - 0 rv -- - <( --u.. O:'.'. > _;_j For The Inspection Department File#: 424885 City of Muskegon FROM CITY ASSESSOR'S .RECORDS OWNER: Timothy Hatcher PROPERTY: 465 Adams PARCEL NO: 24-205-008-003-00 OESCRfPTION: Wly 42 ft. Lot 3 Blk 8 FROM RECORDS OF TRANSN ATION TITLE LIBER: 1030 PAGE: 40 DATE OF DEED: January 4, 1974 GRANTOR NAME & ADDRESS: Secretary of Housing and Urban Development, of Washington, D.C., acting through the Federal Housing Commissioner GRANTEE NAME & ADDRESS: Timothy C. Hatcher, a single man; 465 Adams Ave., Muskegon, Mi 49442 LIENS OR MORTGAGES: None TODAY'S DATE: February 14, 2003 EFFECTIVE DATE: January 21, 2003 at 8:00 AM Abstracted by: TRA ~J.,u_, 0m&.J ~ NATION TITLE INSURANCE COMPANY The ubovo infomui.tic:n'I is 10 b11 used for refcrt11ct purposes cmly and not 10 be f&)liod upon W!ii t:..,idence of lido and/or t11cumbnmce&, A1a:ordingl)', t;11id information is furnished .ut u rtduced r.atc, and the Cornpuriy's lh1'oility shull ln no \WOOi ex~OO tht amo~nt puid {at ,aid inform11ion, ahoult.1 cvidonco of tillo o.odlor 1:neumbr.il\CC9 be dceired, uppiicl1.tion tOI' ti1lc in11Unmce should be p\~<:d with Trun,nution Tit\Q In11unm<:t Company, 7.Tn·a HI 7.tt '()'.J '.=l:')N\r'HnsNI '.:r'TJ,I.L NOilVNSN\f'tLi, uoo ou H, os:u r.oozJ1·a3J party(ieo) of th• socond p4rt, WI'fflBS5ETII: That the eaid party of tho ,1,'ire'C part, tor and io oonaid- ention ol tho aum of 8ix Thoue01,a 1'1vo llundr•d-,••··-·•····-··-·······•---lXlLUIIS c, 6,500.00 ) , to him la hw,d paid by tho Batd i•arty(toa) of thG 1eoond part, the rec~tpt whoraof 1s hereby oonfo9G04 and acknowledged, ba• irantod, barguood, sol.II, ro1111aed, rijlcued, aliened, and confirmed, and by than prenent, d08~ grt.:it, bUga1n, sell, r8J71iSO, nlion, raleaae and oon£irM unt~ tile party{l.~s) o! the second part, nnd to tho hoire and aoair,,u of Hid puiy(1ea) ot u10 socood part torAvtr, tM fol~owinJ doeo,,ibed rool oatatt attu11te to tho c1ty or ~1J1k0e011 Cou11,ty of 111:i.1akeRon Stato ot· M1c:hJg,m, to wit; Tlltl Weet fl~ raot of Lot , o.f m.odk B ul' tho t-t~v1011d P.lA.t {ol' ~.:,ID:,) of' the City of ~Dkogon. SUbJl'lot to an oaaarnol'l.t ov.or thq ~root 4 fu&t. theroor. And tot:et.her .w!it.h, a.n l)ll.l!otto~nt ov~:r- thr.i ifl.e.it 4 !'eot of 'th& luLd od.loit1:lng ou tho ·Waot fo~ ll ,,01.nt dr:ivr,x.,r;y, u11:ld Joirit cb-:ivowuy to oxter:nl baak 100 f(;tOt only from ttiti l'roro-t lirl~ of the lot Qlfil oontair,itd in :1not'l'1.l«l~nt .t"(f(lordod tn l,i"bor 806, Pago 45,6. (\j ,. "' ~••::>ffl :~'.:"!E N j~- "' ~ Q :d I~W :1: i: fli l ', .)/ ' ... 0 Re,"" for o,ompUon, aea Sueilon 5 (,} " ..·,..:·. " 1) ...,,. u: Public Atl 134 ol l966,>11mandod by Publl~ .' ' '" ,:; ~ ,,,.. Acl 2li$ ol 1967, :· ~.:;: .1,: :~'; ~ ,i:,;t '• . ,C-''!":.._,, ·., .h Blll!IC th~""""' proporty ooqu1red ~Y tbv party of the f1r•t part purwuaat to_tbo provl~loau ot tbe ffAtlonal H0~~1D& Aot 1 aa &llleDCled (la Ul!C 1701 It uq,) ..,.d tbv .Dopartr..r,t ol llouulng .ad Urllan Dovelop11ent· Act (70' Stai, 887) • TOOllTIIIIR with all aott a1asular the ba••d1tament• and awurtoa~acea tbe~e- uato bolougtua or 10 uywiae Appartaiaiusi nnd the ru•eraion or r~voraion1 1 ~~mMtoclor or remaindera, ~•nta, l•Quv• and p~ottts th•r•ot; &ad all tha e•taito, Ul!l,t, titlo, 1ntere.,t, tlllh• or demaad ,.blltMoe,•or, ot tha naid party of the t1r~t port, either in law or equity, of, in aad to the abova bargained pr•~1Na, with tho aa1d horoditamoDta 4Dd appurtenaocea. !jg of TO HAYE f<lrD TO BOLD the promiaoe H before deac.-ibad, with tlle appu.rt•- baa.cos, uato the said party(le•> of the soco~d part, •nd the hairM and a1•i•a• •~1~ party(1e•J ot tbo aeooad part, forevur. i 8U8JECT to All cove4&11.t•, reetriotions. reaarvatio~a, ansomanta, cattdi• Uono and rtr:i,t" 4pp11arta11: of rocord s and 9UBJICT to •al' •t•t. of f"°ta u MCc...-ato """"l' would abow. s J ? AID th• •aid pa.rty ot tbe first put, tor bim•oll aad hie •uoce•sor• im i r O1:fico, ao.a covenant, r.an1:, l!ar1'a.1a, ·and ,11.,rroo to ud 11:Uh thu ••t.d putv- ll (lea) ot th& ,...,ond par , and the lloiH &ad &e9i&H i>f a·a1<1 party(ioa) ot t~• ~ S •ecood part, that the &aid ~arti ot the tirat put bA• no~ h•r•tofo~o do.,., a OIIUlittOQ Or WittillllJ or wi11inB1Y 11Uf~8P8d ~Ob~ do~• ~r OOMitte4, IUlf act,MI .r aattor or llita,r uatsoever, •h•r•bv tbo promiaea u.roby p-"4t..S, or any p&l't ~ JI thdreof, ie, aro, or ahall be charged oz· eis.cumba.rtJd 1D title, •Mtate, or : Othon~£ h~:~,~=r~ ,: V ' ~ '00 SON\/HnSNI S~lll NOilVNSN\/Hl 2C60 6CL 1C2 0S'l1 C002,L1'g3J NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 465 Adams (Garage only) (Address of Property) TO: All owners and interested parties: Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442 None (Other interested parties) On November 7, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on February 26, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. FOR_I.l::lE HOUSING BOARD OF APPEALS By ✓ ) J J_'ii yf cr{YuL . NN::JJ.:x, ,Jg_.J• Robert · . Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARINGDOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: November 8, 2002 To: Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, November 7, 2002 does hereby order that the following structure(s) located at 465 Adams (Garage), Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. 0 IINSPECTI0NSIGRABINSKI_L0RRAINEIWORD\HBA MEETINGSISTANDARD F0RMSIORDER TO DEMOLISHOOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Robei B. Grabinski, Director of Inspections O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISHDOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: October 28, 2002 Address of the Property: 465 Adams (Garage) TO: Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, November 7, 2002, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to repair issued 9/26/02. At the hearing on Thursday, November 7, 2002 , at 5:30 o"clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY~USKEGON IN~SPECTION~PARTMENT, ON'13EHAiF }JF JH~ INGj ~OA D,OF APPEALS ~\Q. ~/~ By _ _. / 1 - - - - - - - - - - - - - - - - - Robert . Grabinski, Director of Inspections 0 \INSPECTIONS\GRABINSKI_LORRAINE\WOROIHBA MEETINGS\STANOARD FORMSINOTICE OF HBA HEARING DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: September 26, 2002 Address of the Property: 465 Adams (Garage), Muskegon, Michigan TO: Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. '--'X_ _ _ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 465 Adams (Garage), Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report Ro' er! B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 465Adams (GARAGE) 9/11/02 Inspection noted: 1. Garage structure extremely deteriorated and must be demolished. 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. ECTOR 0:\1 nspections\Grabinski_Lorrainc\ Word\DANGEROUS BUILDING INSPECTION REPORTS\465 Adams - G.doc NOTICE OF RESOLUTION DANGEROUS BUILDING PROCEEDING TO ALL INTERESTED PARTIES TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined that the building located on the following described property constitutes a dangerous building and has recommended to the City Commission that it shall be demolished. If demolished, the cost incurred by the City of Muskegon for demolition shall become a lien on this property. The determination was made by the Housing Board of Appeals on November 7. 2002. The property is described as follows: * Wly 42 ft. of Lot 3 Block 8 Also known as: 465 ADAMS Any person interested in the property should consult with the Office of the City Clerk for the City of Muskegon for further information. Witnesses: LO_~,· ail A. Kundinger, C l e r ~ 1,tn ,'.l"•i''·t- 1rL. /ct.ct::: STATE OF MICHIGAN COUNTY OF MUSKEGON ., The foregoing instrument was acknowledged before me this ;:/,,,,) day of .a-.,1·,.£12002 by Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon. ,••;"': I · -1 ( ,/( ,;, ,{/{) (::s~ i-- - ·1 tPll/L u. ,. / ,-:.•,:--,,, '' ,f . 0 . . L. mfo -'· /,•," ✓: Notary Public Muskegon County, Michigan My commission expires: ?··J)·OC· -, Prepared By & Upon Recording Return To: John C. Schrier, Parmenter O'Toole 175 W. Apple Ave, P.O. Box 786 Muskegon, Ml 49443-0786 I-IBA Minutes 11/7/02 NAYES: ABSENT Nick Kroes DANGEROUS BUILDING NEW CASES: #02-055 - 465 Adams (Garage) - Timothy Hatcher, 672 E. Isabella Mr. Hatcher was not present for the meeting and there has been no contact. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by Clara Shepherd and seconded by John Rolewicz to accept staff recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED ABSENT: Greg Borgman Randy Mackie Nick Kroes Jerry Bever Jon Rolewicz Clara Shepherd John Warner The motion carried. #02-064 - 1482 Getty (Garage) - Brewer Equities LLC, 11632.,~1< Ct. I 49345 s of the notice. He was sent a ru-1~ for this hearing to which he replied to us wit · ·ed letter statin aisagreement with the cities procedures and he will have the bu g rl""'wffilished. Franklin Contractors pulled a demolition permit. Mr. Brewer came to 2 or6 DATE: February 17, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Director Inspection Services Dept. Re: Concurrence with the Housing Board of Appeals Notice and Order to demolish. Dangerous building case #02-071- 521 Mulder (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 521 Mulder (Garage) 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 fo r 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: 02-071 - 521 Mulder (Garage) Location and ownership: This structu re is located on Mulder between Ellifson and Jackson. It is owned by Robert and Diane Dempsey. Staff Correspondence: This structure was written as a dangerous building when it was reported open 9/11 /02. A notice and order to repair or remove was issued 9/26/02. On 12/5/02 the H BA declared the garage dangerous and substandard. Mr. Dempsey was at that meeting and stated he would like to re- roof the garage, but he does not have the finances to do so. The garage has been in a collapsed state since 2001. He was told the garage would also need a foundation inspection if he intends to repair it and he would need to contact the building inspector. The garage was declared dangerous and substandard , but Mr. Dempsey was told if he wanted to save the garage he would need to move forward with repairs within 30 days. There has been no further contact from the owner since that meeting. Owner Contact: None Financial Impact: The cost of demolition will be paid with general funds. Budget Action Required: None SEV: $12,700 Estimated Cost of Repa irs: $3,000 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on Tuesday, February 26, 2003. So\\ For The Inspection Department File #: 424884 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Robert & Diane Dempsey PROPERTY: 521 Mulder PARCELNO: 24-205-019-00 I 4-10 DESCRIPTION: S 39 ½ft.Lot 14 Blk 19 .FROM RECORDS OF TRANSNATION TITLE LIBER: 1343 PAGE: 516 DATE OF DEED: April 4, 1996 GRANTOR NAME & ADDRESS: Comerica Bank-Hackley, N.A., (formerly known as Hackley Union National .Bank and Trust Company), Trustee of the Louis W. Pitcher Trust under agreement dated August 7, 1973, as amended and ~ restated October 27, 1978, 801 W. Norton Avenue, Muskegon, Mf 49443 / GRANTEE NAME & ADDRESS: Ethel M. Goff, a single woman, 2040 / cV Whitehall Road, Muskegon, Ml 49443 LIENS OR MORTGAGES: Unrecorded land contract TODAY'S DATE: February 14, 2003 EFFECTIVE DATE: January 21, 2003 at 8:00 AM Abstracted by: TRANS Q~C1nMJ 6----&fZ TION TITLE INSURANCE COMPANY 'Ch~ o.bo\fc informo1ion is lO bo used for ,~tOn;nct purpo~c!): only und not 10 be celied lll'.IOR os cv1dcm:o of titlo 11f1(1/(1r cni.umbnmcn. A1.~rdlngly, will inrormurion is fumisnlld o.t u rcducOO rat.o, ,md lho Comp1my'e lh1hility ehull ln -no evttnt e1tceetl lhe amount paid for :r11id informltion, should 1:ivid"nco ofdlk and/or cncumblflnceo; be di:sired1 (jPJ)Jication for tillc inru11U1ct should be plucr.d with •rrWlsnation Tille:: lnsuror1cll Company. zoo "d c6LZ# ·o~ 3~N1/HDSNI 3Ull NO!l\/NSN1/Hl 2£60 6£L 1£Z Lv'll £00Z,LJ"g3d CONVBYS TO J:l'l'HBI.- .,. Goru, a Bingle women, Of 204,'0 Wn1teh411 Road, MUGkt90A, ~,on,~~n 49445 the follow.:lng dv11otibt1d premiaea o!tu4ted in the City r,f Muelt\!llqon,, county of Muskegonf State of ~ichiqan, ta wit, The South 39-1/l foot ot Lot u, DlocK 19, c.1ocorainq to the Rcvited Plan ot t:ha City of Musk.egoti, adopt.ad A. D. l903, for the eum of; $3,000.00 &ubj~ct to l"'~a&tU'atione, oooBmenta oni!i r~et.tie'tion• o-.e record. Doted this~day of 1086. Signe4 in th~ pco~~nce of1 dt4-ca<4 Jo!arc!• G~makaa J,,,. < ,.4 B•rbara j?J Mey S'.l'A'l'E D~ ~ICHIGAN ) ., 11, )se. COUNTY OP ... os~eOON) ~-- Wh@n Recorded ttetut'n To: Send Suosequont tax Bil.l..s To; Crantee ora.t:tesd by: auainoas MdreE1.G1: o•roo~E, JOffNSQN, KNOWL'l"ON, 17~ w. Apple Avenue ROLF, CkhVTON i Elt.uNO MueKoqon, ~ich19an 49~43 DY: Goocge w. Johnnoh 4069m .,46,t ,t (j,1,,:,J, ) # ., /) ,, "():'! ':l'')W}lnC:/IJT i;fl'T,J,Tl /IJOT.T.VNC:NV'ILT, fOR USE WITH MICHIGAN REGION ALTA OWNER'S POLlCf SCHEDULE A Amount$ 13,500,00 Pol1cy No. 168387 Date: June 14, 1990 at S:OO am 7NSURED Robert E. Dempsey and Diane L, Dempsey, husband & wife 1, The estate or interest in the land described or referred to in this schedule covered by this policy is tee simple. 2, Title to the estate or interest covered by this policy at the date hereof is vested in: Ethel H, Goft 3, The land referred to in this policy is situated in the City of Muskeaon, county of Muskegon, State of Michigan, and is described ns follows: The South 39 1/2 feet of Lot 14 of &lock 19 of the Revised Plat of the City of Muskegon, as recorded in Liber J of Plats, Page 71 of Mus~egon county Records. 2(60 6(L 1(2 8v'll (002,Ll'H3d I r _J_ _ _I_ "'' ''" ·--.1 --; -------'-- J ---~----- i__ -----•-- i : i_ i - --- : ! - 7 ' f-- ____r; m ,--- _,- tu ' 0:'.'._1' C -- : 1 cE~Llic;sdN•AV ; ALBERl i ' ''i ~ -' - - -- - /\ 1. •• -0 -, ! ' : r- '.....J'i : !' ', ', : I I- ~ - - => ~ -s~OMNER=A\l- -~ - '! ,- ' --~ ·rt ,,::__ __ --, __ i ! j-- I ! __ __ z- : - ' ' - l__ -- ~-- w-- ! :......,- (9---=- - ,- - I ------ MA~'cot.lx AV- ---.----- : : I : : !' __ _ ' ~- (f) ' - >- 1- f- w CJ (f) NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 521 Mulder (Garage only) (Address of Property) TO: All owners and interested parties: Robert & Diane Dempsey, 310 Vashti Lane. Muskegon. Ml 49442 None (Other interested parties) On December 5, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on February 26, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5 30 p.177. on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. F ~ HOUSING BOARD OF APPEALS By ,l~t_v3 llJ,~,Jt. Robefi B. Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING O\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMl~ISSiON HEARING DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: December 6, 2002 To: Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, December 5, 2002 does hereby order that the following structure(s) located at 521 Mulder (Garage), Muskegon. Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals. to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish. if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARO FORMS\OROER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Rob1~rt B. Grabinski, Director of Inspections O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Da~: November25,2002 Address of the Property: 521 Mulder (Garage) TO: Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties) Please take notice that on Thursday, December 5, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous. substandard and a nuisance. and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair issued 9/26/02. At the hearing on Thursday, December 5, 2002 , at 5:30 o"clock p.m., at the Muskegon City Hall. 933 Terrace Street, Muskegon, Michigan. you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. c0 1~B1o.Htl!f\ML 1\1 BEHh s0KETG~ONTN\..l.:A.o.ECJlT.Xl,-,O"'N'~D::..,EPARTMENT, SIN ,80 RD OF APPEALS • By . Robert,B. Grabinski, Director of Inspections 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: September 26, 2002 Address of the Property: 521 Mulder (Garage), Muskegon, Michigan TO: Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. ,_,X_ _ _ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 521 Mulder (Garage), Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report {J1~'ru::r;:ARTMENT Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 52] !',111/der (GARAGE) 9///102 Inspection noted: I. Garage in state of partial collapse. Repair or complete demolition. 2. Footing and foundation inspection required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE 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. 9 . )- .s .('. i+- HENRY F1 LTINOWSKI, BUILDING INSP, sCTOR DA TE O:\lnspections\Grabinski.Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\521 Mulder (G).doc IIBA l\linutcs 12.5.02 # 02-71 - 521 Mulder (Garage) - Robert & Diane Dempsey, 310 Vashti Lane, Muskegon Mr. and Mrs. Dempsey were present to represent this case. Nick Kroes asked what their plan was for the garage. Mr. Dempsey stated he would like to re-roof the garage. Mr. Grabinski stated that a foundation inspection would be required. Mr. Dempsey also stated he might want to rebuild on the existing footprint, which would have to be approved through the zoning department. He does not currently have the finances to rebuild, he's not working. The garage collapsed in 2001. Right now it's being used to store some appliances. He wants to sell the house. It is vacant at this time and he does not want to rent it out again since his previous experience renting it out was not good. Mr. Grabinski stated his only choice is to declare the building a dangerous structure, but explained to Mr. Dempsey that he has time until the case would go before commission and even after that to move forward with whatever he decides to do. It was highly recommended by John Warner and Nick Kroes to check with zoning right away and tear down the garage himself to save demolition fees. It was also recommended that he call the Inspection office and schedule Henry Faltinowski to inspect the structure to help clarify if it is worth saving. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by Randy Mackie and seconded by Jerry Bever to accept staff recommendation. A roll cal vote was taken: AYES: NAYES EXCUSED: ABSENT Greg Borgman Randy Mackie Clara Shepherd Jerry Bever Jon Rolewicz Nick Kroes John Warner The motion carried. 6 of9 NOTICE OF RESOLUTION DANGEROUS BUILDING PROCEEDING TO ALL INTERESTED PARTIES: TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined that the building located on the following described property constitutes a dangerous building and has recommended to the City Commission that it shall be demolished. If demolished, the cost incurred by the City of Muskegon for demolition shall become a lien on this property. The determination was made by the Housing Board of Appeals on December 5, 2002. The property is described as follows: *S 39 ½ft.Lot 14 Blk 19 Also known as: 521 MULDER Any person interested in the property should consult with the Office of the City Clerk for the City of Muskegon for further information. Witnesses: 1r ,!..,-f ! /le.IC: /.}• re,~ j('/ Jb_Q_~,-J Gail A. Kunding8r,Oerk ~ I_ J)kl (U •"') {J <-;;t_ \_t_\.J_ r.4; . .l (• t t r) LCL,-_'.Jc,·-,t: l t- /) /o.t't". STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this /J1A day of il.r:1,Js:,-2002 by Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon. ____/ --· - . ;· I ( lll!(li.(/ ,(:} 5·• . . $i/' ;r,;. // (!~lt /,>u«,, -~ /gn'r,; Notary Public Muskegon County, Michigan My commission expires: 9'·c7.J----v[ Prepared By & Upon Recording Return To: John C. Schrier, Parmenter O'Toole 175 W. Apple Ave., P.O. Box 786 Muskegon, Ml 49443-0786 DATE: February 17, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Director Inspection Services Dept. Re: Concurrence with the Housing Board of Appeals Notice and Order to demolish. Dangerous building case #02-050- 1129 Sanford. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1129 Sanford 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: 02-050 - 1129 Sanford Location and ownership: This structure is located on Sanford between Houston and Monroe. It is owned by Robert Alberts. Staff Correspondence: This structure was written as a dangerous building when it was reported open 9/4/02. An inspection report was written at that time. Upon issuing a Notice and Order to repair or remove, the owner advised that the home was sold on a land contract to someone else. Permits were issued in February 2002, but the work was not finished. There has been no contact from the current owner. On December 5, 2002 the HBA declared the building dangerous and substandard. Owner Contact: None Financial Impact: The cost of demolition will be paid with general funds. Budget Action Required: None SEV: $14,100 Estimated Cost of Repairs: $12,000 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on Tuesday, February 26, 2003. - - ---~...-· / /\ 0 'v/ ,/ / ./ / \',-, w ;~ "'~i " I~ - '\ / , 'x/ / ///'\ / ·,\ --·-- -----1 w m -, I o,' m ro )\\/ / \ \ ·-- - - - - - - - I- ~I I I I I 1§ :>\~\\/' I 0 I I I rI: -,,-:: I ~y~ ·- - --·- · ~ I · · ~ - - - - - ~ ~ ~ ~ -.. 100, L.. - .. --- . ---- "" i L. -·-- -· - - -1 __ ass - ~ 1079 1073 1063 ....J...L_ - \ ~' 0 )> •' lo 114-4. I I 1 1---1-130----- '24- I I --,..7 .1..... C I II I ~I,~·- r- 4-i,"' I I I I I I 1- i~ (f): --ti -f ,_ ! Oi 0 ' ' ' ' ' z z)> --------Tl21B------1212i- -- - -I 1201 s: 0 ___ . '-------------------- 1141 i 1133 I 1121 . )> I '-· - - - - _J 1077 I . I i I io , 1192 ! ~ ' 1186 y~ I 1182 - -1174 I Ii f--------_1_~1 I -,- 1178 I - ,1168~--LUJU-----..... i ! I "'"" I i I I ! I ! I I 1z I I I I j----·------i 1JA.O- ·-- - 11_24 T I I I _11.20 , -ti-1.4._____j_jj__Q_- I I I I I ' I ~--t I ' <::! i I I ! I L__; ~1-086__-i----1 I I I I I : I /ill I <:: __ I i o. ~~I: I~ - -.. ; j I - ' ~ I . I 1-----) -f----1 m ·---=--r--~ ~ : . / o, ml I I I I -~ I ,~ N ·····-·· I- 0 I i I --1 lo I I 1--,- ~ I I I I ~ 'c-·----1 !m~: I i '---··~--1 I~ ,~ ,w ~Im 1 ~ ~ s;:: --m i)> < I I I I I o! 1\,3 1... ljij _____ -t231122s~-----·12os- i _L L___ _ I . 7T91---- 1Tff~1179 1173 -m,-J 1'.'\.'i 1129 1121 1115 1111 1075~ 1093 1085 '---1226_,-------{)_}21.8-.,-----120&_:;c:J ! ;a ""I""'- r·-1-1-92------ .1.184- ... 1-12s 1F'.CJ ~ . ,oR".. _____ I ---,-- i _ . . --- __ 0 8 I ~.1.CJ9.4 . • , ; I 1 I I -10'i.6.. · ~ - 0 --,---- 106,L - -, 0 - 0 0 0 _J_ .r- I I ' I I~ : '..,O For The Inspection Department File#: 421881 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Barbara Malmquist PROPERTY: 1129 Sanford PARCEL NO: 24-205-363-0008-00 DESCRIPTION: N 44 Ft. Lot 8 Blk 363 FROM RECORDS OF TRANSNATION TITLE LIBER: 1319 PAGE: 246 DATE OF DEED: April 19, 1985 GRANTOR NAME & ADDRESS: Thomas W. Royle and Com1ie M. Royle, 12935 Cleveland, Nunica, Mi 49448 GRANTEE NAME & ADDRESS: Barbara B. Malmquist, 81 Hamilton Avenue, Apt.# 34, Muskegon, MI 49441 LIENS OR MORTGAGES: 3417/396 TODAY'S DATE: September 13, 2002 EFFECTIVE DATE: August 22, 2002 at 8:00 AM Abstracted by: ~ 0 ,~ ) TRANSNAT!ONTLE INSURANCE COMPANY The above information is to be used for reference pmposes only and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. WAlll{ANTY !)l·J•I) STATUTOl{Y l'C)l{M .•. • •1 ..·,' l .~~~.J_ ._1..1..• (J ·.·., .....,'.x /,;,G R I X FOl~.l~Dl\'Jl)~~LS.~:__ 2~_~L'. ,·, I. A:NOll'AU.,11/:'.VHY'nt!,sf.'l'H.l::.,·1.:Nn l'l,;11 Thomas W. Royle and wife Connie M. Hoyle wt,mc• ,1r,•,•t numhn and pu,wrfin· add,._."" 12935 Cleve land, Nunica, Mich! gan 494'-l-B .ind \\',,n,ml 1u Barbara B. Malmquist 81 Hamilton Avenue, Apt. in~. ··:uf',kegon, Michl1~an 49441 !h,· fo!lowmi: t1,,,n,h,·i! prc·m,w, <1t11alc',I "' lhc• Gi ty of Musker-;on (",,un11· or Muskegon ;in,! St.II<' <lf ,\!1d111'.~II. !<>-WU The North 44 feet of lot 8, Block )6), F'!vieed l'lat (of l')OJ) of the City of Muskegon, as Recorded in Liber J Jf J'~ats, Page 71, Muskegon Ccunty f!econi:c.;. ~. 1.:. ! l · u;: -1 ro,u1nu11101 THIR'IEEN 'I'ti"0t:SAND F'IVE HllNDilli:D & N0/100 UUUAHS l:f:1),500 00) easements and regtrictlons of rvJc01U .,i,-,,{ D.,t,·il 11;1, / '7 · ,!.,_1 "1 April S1,:1wJ ,1•1d .'i,·<1fr,/ 111 ,,,,.,, ..,,, ,,1 11 S.I ii S I , l S.1 STAT!: OF .\IH'lll(;,\~ <"OL's·1 r oi: Ottawa ___ ol S l / / rJ, 1"11,• [111,•~<llll): 111'11111!1<'!11 "•" ,1c·~n""kd;•n! h,·1.,,,. 11,,, lh1, '•II <1.1\,,1 Apr.1.1 h)' •1!1 _Tho.rnae W. Royle and w1!'e Connie M., Royle (.,, ;.__::}_ 04' .« 4_, L,1 '-o:::lu L· _r,~~~<.J~./ __ )kL• Q eb~:,~,~ f'l~/;c, Xuunty. ~hdui:ao •Note:[\) ill',NI dale (2) hn.:n nam,· ul pn,unf,J Jckrmwlc#cd (gr~nlor) '()) ,1gnamr,· nf pt1>on laking acknowlc,J~mcnt ~ = ·f:h~1· MICHIGAN'·· STATE OF REAL ESTATE • '7.:' TRANSFER TAX Z Oe;t,cl Juum Taxct:cn i.:· __.._, o • I4 85 * * ----ff;.,,;.,~~ ------* Pini• noi. lh• followlntc J. II 1ne nou,1,1 •cl 1, Ptrlorme<I oul• I. Mull•l ~t•lu1 or ucn mil• qronlor ""• 1n• s111• ol M1ch19,,1n. \he Draft('d by: Barbara B. Malmquist 2· i::1·, "t~.•1 .0~.::.~r ~~~)~" t>:,nr.::i7: mun D• lnt1,c•l•d. ac1<now1ed9m~n! mu1t 1now tnt r1n1< r~.l(~!n'o°nd ::~1•~ n~~t>•:,~~::.:.r,d~~ Bu,mrn adtlrti1: 81 Hamil ton Ave, #J4 Muskeeon, Ml 49441 Prlnt•d, \ypew,ltl•n o, 11amped m•nt. Tn• o!Uc1,f 1ul o! the ptr1on ~pon 1uch 1n<lrum•nl lmmo;;i,,tely perlomun1 tn• nou,1,1 ,ct oullldt n0<.u1n tne \!Qn•tu,e or ,uw pe,, 0 n. U•• s,.1,, ol M,chlvon ,nould b• •I• 11 . . 111o !ho deed, Barb.·.ra B. MaJmqul.st '\ J "(,l:~) NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 1129 Sanford (Address of Property) TO: All owners and interested parties: Robert Alberts, 15924 O'Brien Court, Grand Haven, Ml 49417 Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 (Other interested parties) On December 5, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on February 26, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. FO~HOUSING BOARD OF APPEALS By, UJ:_~ ~:,~1• Robert .. Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING O:\INSPECTIONS\GRABINSKI_LORRAINEIWORO\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: December 6, 2002 To: Robert Alberts 15924 O'Brien Court Grand Haven Ml 49417 Owners Name & Address Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, December 5, 2002 does hereby order that the following structure(s) located at 1129 Sanford,_Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Robert B. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHDOC December 2, 2002 To Whom It May Concern: I do not wish to receive any more notices regarding 1129 Sanford St. I sold the property to Barbara Malmquist and have no interest in the property any more. Thomas Royle Permit Application Approval Page I of2 ~ iiffli: ------ .. ,,- _,J Mechanical Permit Application Street Address: Property {\/'\ ' ., -.. J Number: Owners Name: Owners 81 HAMILTON AVE APT 34 Address: MUSKEGON Ml 49441 Permit No: ME-02-7101 Requested Owner by: Contractor: N/A Architect: N/A Category: MECHANICAL Permit Type: ALTERATION Type of R Building: Description: INSTALL NEW GAS FORCED AIR SYSTEM - REPLACING BOILER Dates: App Date: 02/19/2002 Issue Date: 02/22/2002 Value: N/A Item Quantity Heating -Residential Heating System(Ducts and Hot 1.0 Water Piping) This application has been approved http://intranet/Pcrmits/Data/p add permit app_approve.cfi11'?PID=7101 &Type=ME&DP... 1 1126/2002 Permit /\pplication Approval Page l of~ Plumbing Permit Application Street Address: ,'. ,' __ ;· .: ' /; ! ;_, ( ' .. _. > ,··-! ... , Property Number: " -- :? () . !_~: ,,•,, ' .. ---~i :,__ :_ '' '. ' .. . :·<: ; '' i i .- /\i( :/>. ,_;.·-· Owners Name: ' ' ( ) 1 :-__ : _ 1..· ::_' . .. " Owners Address: 81 HAMILTON AVE APT 34 MUSKEGON Ml 49441 Permit No: PL-02-7099 Requested by: Owner Contractor: N/A Architect: N/A Category: PLUMBING Permit Type: ALTERATION Type of Building: R Description: REPLACE 2 TOILETS AND 3 SINKS Dates: App Date: 02/19/2002 Issue Date: 02/22/2002 Value: N/A Item Quantity Permit Base Fee (Non-refundable) 1.0 Fixtures, Floor Drains, Hospital Laboratory Devices 5.0 This application has been approved Approved: Yes No By: iLaura Hichue ... :-! Note: I___ ,..........., ___ .....- ... ·.. ·-··..•.. ···-·-·- Date: 02/22/2002 IEDIT PERMIT http://intranet/Pcrm its/Data/p add .. permit_ app_approvc.cfrn'?PI D=7099&Typc= PL& DPc... I 1/26/2002 Permit i\pplication i\ppn1\'al ~11@1.: Build111g Permit Application Street ' 'i \ .."' ,; ".'·-- :··, •'1 ,, . -- I Address: Property '_-•_i >() ~ i. i Number: Owners /' . ... /·\ '. 1\ '( i.. -.;:' ' "/' ;::12 :'·:, ! \ Name: ... Owners 81 HAMIL TON AVE APT 34 Address: MUSKEGON Ml 49441 Permit No: BD-02-7087 Requested Owner by: Contractor: N/A Architect: N/A Category: BUILDING Permit RENOVATION Type: Type of R Building: Description: INSTALL SIDING; NEW PANELING, CARPETING; NEW CABINETS; TRIMWORK Dates: App Date: 02/19/2002 Issue Date: 02/19/2002 Value: $4,000.00 I Item I Quantity I This application has been approved Approved: Yes No By: Laura-Hich-ue -".'I Note:;-~-~----·- -- ... ----- -····· http://intranet/Perrnits/Data/p_ add permilapp approw.ci'rn''PID=7087&Typc=BD&DP... I l /26/2002 CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: November 25, 2002 Address of the Property: 1129 Sanford TO: Robert Alberts 15924 O'Brien Court Grand Haven Ml 49417 [Name & Address of Owner] Thomas Royle, 227 E. Savidge St. Spring Lake, Ml 49456-1725 [Names & Addresses of Other Interested Parties] Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 Please take notice that on Thursday, December 5, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. ' The reason for this hearing is that you have not complied with the Notice and Order to Repair issued 10/10/02. At the hearing on Thursday, December 5, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. g~~f" JcT:go"'\i~~~~~~~_s By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Robert B. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARINGDOC 131172-t-670] FAX1722-1214 A.sscssor 23 I /724-6708 FAXi726-5181 Cemetery 2Jlf7H-6783 FAX/726-5617 Ch·II Sen·!ce 2] 1/724-6716 F AX/724-4405 West Michigan's Shorellne City Clerk 231/724-6705 FAX/724-4178 Comm, & t'\elgh, November 1, 2002 231/724-6717 FAX1726-2501 Engineering 231/724-6707 FAX1727-6904 Robert Alberts 15924 O'Brien Court Finance 2311724-6713 Grand Haven, Ml 49417 FAX1724-6768 Fire Dept. Re: 1129 Sanford, Muskegon, Ml 231/724-6792 FAX/724-6985 Dear Mr. Alberts: Income Tax 23 l /724-6770 FAX/724-6768 The structure at the address noted above has been determined to be a Info. Systems dangerous building by the City of Muskegon Building Inspector. The attached 231/724-6744 FAX1722-4301 Notice and Order to Repair or Remove was issued October 10, 2002, but as your name was not on the title search, you were not notified. Leisure Service 231/724-6704 FAX/724-1196 The previous owner notified us that you bought the house in the 1980's from Manager's Office Thomas Royle and were sent the deed, but you must not have recorded it. 231/724-6724 FAX/722-1214 Also enclosed is the inspection report, noting all violations. Mayor's Office 231/724-6701 FAX/722-1214 If you have any questions regarding this, please call the Inspection Department Inspection Services at 231-724-6715. 231/724-6715 FAX/726-2501 Plannlng/Zonlng 231/724-6702 FAX/724-6790 ~{Lt_~~. Police Dept. 231/724-6750 Roirt B. G,ab;osk; FAX1722-5140 Director Inspection Services Public Works 231/724-4100 FAX/722-4188 RBG/lg Treasurer ['- 231/724-6720 ..I] ['- FAX/724--6768 Postmark er Here Water Billing Dept, rn 231/724-6718 .-a F AX/724-6768 D D Water Filtration 231/724-4106 FAX/755-5290 City of i\Iuskegon, 933 Terrace Street, P.O. Box:§ D ['- 4 7 3 U s U-.-c- "':) L '"'o t }-cc\ ;J:_(LL/ Fl 311 r; 1D Cc-\-. :z,}1 ;J_uo';.L ... - ·r Os(\. w.~ H,~ . l ir). '/:'.qlY,ci) +"'goix \"'·· r,otiu of ·-th<.. d:.e\v\o \~*\c,--., a-f ,pnife,{':i at ll -:2.q S o..nfo,f S'+trEeff, ,· --- ..:c cw,., not.+fne-Dtul'\~i . _, C\.''-\. ( Q_ I\:'.> a_c..~ \v-. \,e.. L'I f:s{)s 1 Robi:'rl hlbe.~ts c-f_ LS9.2W. Ct 8rte\\ Cou,1it, G1-C.to,JJ Jhi.L'.lt11,) 1 t\1L W£Ls bu.i::,\h9 +he. h~ f,or1.Thoma..s - -.Ro~a..-t on a... \_a...-,U Cl'v1t'r6..(..t-, ~Le r~~f{l,l:'u-k., use - .__ ,Li .. :-f:o,-__ 1;::.e..t:>1oJ2,_?uspo~e 5 , ... (J.]\,,e;c \'11r. Roy(LQ (JJ(lJ;·rb ___ :\-v_seJL.±k~_lau,_J2lowtra~ 1 X::6clt{f/J t't--tcowr h;M, ___'f'(lr,_blbe.r1:s__C.01++i4lkJ.--,fw..'in,~~--d..4c,l.-w[re1l-:rbwa:£c "-- ---'?.lL-i..62__.o«:.__'g._ s;er.,J \,Ll-i\...,tk.&e#, ~ei'f?«{J> L1e neJd --'C.e...c_on:.:U_\t_.LL£.. 'lr,,:;1nut"efl1 b~ b_ ~tic>,Q ;f . . . . .. .f, ee- ai,., &.._ c.ku: -• _-;:r... _e:,:'..."'+ ai ,-Ls\-,~ no Ifl ·h:i-esi- - 'h" \lv,e.. t'..-o~~ ~. ~ , \\'\,. A-U,e.d-s \c,_s;t plro_l'ie _ 1)1.LM-lo-u- ~. t-.. &r~ \+l'.U)l:lh uJa..<- ,g W.7 :- L3 D3 , CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: October 10, 2002 Address of the Property: 1129 Sanford TO: Barbara Malmquist, Sunny Loop, Holiday, FL 34690 [Name & Address of Owner] Thomas Royle, 227 E. Savidge St., Spring Lake, Ml 49456-1725 (Interested Parties) Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1129 Sanford, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1129 SANFORD 9/6/02 Inspection noted: I. Chimney brick deteriorated. 2. Exterior needs painting. 3. Foundation needs tuckpointing. 4. Roof needs repairs - drip edge is required. 5. Windows cracked or broken and open. 6. Open doors. 7. Side porch loose and improperly constructed. (Rear) 8. Side porch (front) improperly installed. INTERIOR 1. Ceilings and walls are damaged. 2. New plumbing is required. 3. New electrical installed without permits. 4. Stairs to upper need repair. 5. New floor coverings required. 6. Smoke detectors required to code. 7. No heat in structure. 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. /~ 0 ; ) $ ,,.-) ,,} t.·· -{- ti-< / I ,_, , I 1' ~)f X-<-·'~- v..__,] /c.//<.::~( c~. ~' c,7 -1,JI --C', )· R08'ERT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE O:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1129 SANFORD.doc HflA Minutes 12/5/02 #02-050 - 1129 Sanford - Barbara Malmquist - mailing address in Florida No one was present to represent this case. It has been vacant and is currently boarded. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by John Warner and seconded by Randy Mackie to accept staff recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie Clara Shepherd Jerry Bever Jon Rolewicz Nick Kroes John Warner The motion carried. 02-075 - 1884 Smith (Garage) - Credit Based Asset Service & Dou C I Hiatt, same address. i stated there is a new owner who intends to garage. ays to allow the owner time to repair. A motion was made by Nick Kr staff recommendation. AYES: NAYES: EXCUSED: Clara Shepherd 7 of9 DATE: February 13, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski , Director of Inspections Re: Concurrence with the Housing Board of Appea ls Notice & Order to Demolish. Dangerous building case #01-05 1-Add ress: 1166 W. Grand. SUMMARY OF REQUEST: This is to request City Comm ission concurrence with the finding s of the Hous ing Board of Appea ls that the stru cture located at 1166 W . G rand is unsafe, substanda rd, a public nui sance and that it be demolished within thirty (30) days. It is furthe r req uested that adm inistration be directed to obta in bids for the demolition of the structure and that the Mayor and City C le rk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #01-051 - 11 66 W. Grand Location and ownership: This structure is located on W. Grand west of Barclay at the end of the cul de sac. It was owned by Kenneth & Maryjane Sanford and they sold it on a land contract to James & Tamara Ward. An inspection was conducted on 11 /15/0 1 due to compla ints regard ing the exterior condition of the home. A notice and ord er to repair or remove was issued 2/26/02. The case was heard before the HBA on May 2, 2002 and it was tab led for 180 days . At that time it was ord ered that the repa irs to the front of the house be completed within 30 days and the exte rior re pairs be com pleted w ithin 90 days. It was stated if the conditio ns were met , the case wou ld not be brought back to the HBA. The exterior repairs were not comp leted and the case was heard aga in before the HBA on 12/5/02. The Wards were not prese nt, but they ca lled the office on 11 /27 /02 and stated they had been work ing inside and spent a large amount of money on the electrica l work and that the front of the house would be completed within 60 days. Th ere has been no contact w ith the owners since that date. The HBA declared it dangerous and sub standard on 12/5/02. Staff Correspondence : This p roperty was fire damaged and had an inspection 4/1/02. It had been rented o ut previous w ith no Certificate of Compliance. An interior inspection was condu cted o n 4/15/02 with the property manager. The HBA ordered the structure demolishe d 7 / 11 /02 . The Notice and Order to repair or re move was issued 8/7/02. Owner Contact: The owners w e re present at the 5/2/02 HBA meeting and stated th ey wanted to repa ir th e house. They have called for some inspections, but there has been no contact since 11 /27 /02. Financial Impact: The cost of demolition will be paid with general funds. Budget Action Required: None SEV $26,500 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Estimated Cost of Repairs: $10,000 City Commission Recommendation: The Commission will consider this item at it's meeting on Tuesday, February 26, 2003. ·_:_-_ - --- -- . ..:_ :_ _ :-. - ,~ · w~ ,._, . • Clll --· - . - -_ ·~ ..,__ :--::- ---- - - , -=====- · -· ,_----- ---;c---\f,{ WESTERN_AV -'-'"_'_ __________ ;---- ---- -- - - - -, .----- J ' __J ~=~=~----L-------- - - - - - - MICHi (;AN AV. / / ''.'..'.-, . -·-- -, ---t :l j__ ' __ ': ----- ' -- ) -,---,- -- i r ,. N arbor Title 955 West Broadway Muskegon, MI 49441 Title Search Case No.: 100122376 November 21, 200 I I. I3eginning Date: 10/27/81, at 8:00 A.M. Please See Attached Liber 1226, Page 748, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to I 0/26/200 I, at 8:00 A.M. Documents Deeds: l\ liscellaneous: 1 Mortgages: Liber 1226, Page 748 Liber 2239, Page I I NONE Taxes: Proof of payment of special assessment for Sidewalk Assessment, due and payable to the City of Muskegon in the amount of $1,195.17, if paid by November 30, 2001. Proof of payment the delinquent water/sewer usage, due and payable to the City of Muskegon in the amount of $38.84, if paid by November 30, 2001. Proof of payment the Invoice Fees, due and payable to the City of Muskegon in the amount of$220.00, if paid by November 30, 200 I. (Invoice #9815551 and 9818917) Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of $964.72, if paid by November 30, 200 I. (Base amount - $692. 91 )** Note: No 2001 Summer Taxes were assessed. Permanent Parcel No.: 61-24-205-481-0014-00. 2001 State Equalized Value: $23,900.00. 2001 Taxable Value: $19,858.00. Non-Homestead Property. **NOTE: The 2000 Winter tax bill included a Sidewalk Assessment Installment in the amount of $147.55) 3 'vVe find no United States Intcnrnl Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: llm1226 11'.r 74S I :,e_,_0 '_'_'_ _ _ _ o'do,=------ L,bcr _ _ _ _ .of Dcocl,, Png<>----..-----.- "A~•~1,n occD-1<0. a~•- .,.,0,0.11,n-u•o•t ,o-., !1Ut rou H HO. I ,so ;O. O,ol). '"' •-"~"~'~'~"~"~'~'-"-"~· •"""'"_ _ R,gmH of o,,od, 'UI:Iris c'3}11.0r11furc, Mndo ,1,;, 22ncl d:'r o( .Jnl·: ,A.O., 19 80 -, . . . n<-1-'"l husbr1nG :·:if0 of· 4[,i", BETWEEN ;.: , C. ,:;- LiJ.l).:.:..n vriY':' 1 1:o!'U:. ,(o; ;i ).:!.c ·.icrcn of the fi,,1 pnrt, }:cr:11ctl1 ·,·:. :_ Gr<i.nd ,.-.,~.:. J..:1~,:;; .t~r{f;:~ 1 in:~;; :,nC'. l WI"INESS!ITH, !h.~t •~:•,.~;d t?" 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IIJ\d 1Cngu/nc 1he J,or~,!Jtflm•n~• nncl n;,purt,·;-,,>n<e, 1hereuntn holn,,_o;ing ot in ,,nywi,e "!'l'~"~ininr., If,nvo :i..nd To Hold J" tho anid premi1<:1, n, i,ud" de,c,iOe<l, ,d,h tho o.ppur10t1.en<•', un!o ,~e s.~id pnrt of 1he •ocond P-"< ,,nd tol ,,_;cir hoiuru,.J....,ign1,FOREVElt Andthe.,,id , C, ,- L1.1!.~.<·-r, '"):•'.+,;··;:. , '.~t·:· :.::·( - ,::ilo po.rt ics<>f ihe firu pnr1. for t:~cir heir,, execu•~r• ,,nd nd,~ini"r~:o,,, do coveo,nnt, graur, barvUn nnd "Eroc rn nnd with the 1.1id p.1<1 ?_ :· ~ ,:,f d,e ,ocnnd p,1ttl ',;;)~_'U.' heir, :rnd n,,;,,,,,. thM A{ tho time of ihc cmMling nnd doli•er-y <>f 1he1~ pu,a•nU .l:):' :·.J' M•II ,ri,~,! of ,he nho1·0 p,cn.,r,d promio,,I in f•o oi,np/c; d,at thoy aro froo from nll i:,rn1nl,rnncc, whnre,•c, and ch,,r t~lCY will, and '.ll' h,in, <rerutor', '\\'!([ ndmini.«riuo,, Ullrle agnirut all fowful clnim• whQf1oc1·or, IN WITNESS \VHEREOf, Th~ ._,;d. pnrri0S of 1h• liur put ha YU hereunto"' 1he day and )'cnr fir,t above ,.,.,in,n, Signed, &n!cd and Delinrcd in Prc.<cncc of () ~A-2/.Ccf-<?z._L'k,.,:U. hance3 Sova =--- <-:--\1-,(--c&..-L, ('G~0--t-D,L LindaCh8cn~y --< - ~?J~--·------·- STATE OF f~'CHIGAN, COUNT\' OP :,ITJ'.)K~C'.,ON On,!,;, 2?nd d.w of July • A. D, ,J30 in ,u,d for s.,id r.ounT)' prnonally 4p_poued before me, M, c. & Lillian Boonstra, husband & wife to rn• known to he rh• .,,....., f'~""" Jo,c,ikd in '"'d ~•!10 uecuted rh• ,·:,hin in,irum~nt, ,_-!,~ n,b,owlodR.-d tho ,<nn,o '" ho fro~ net ,,nd dr«l. Prepared by ' _____ .:/.LLcM...<Yk'Yk-~-----~ M. C. Boonstra Frances Sova N"14'Y Pub!k, 480 Ruddiman Dr. !lo. Muskegon, MI -n, J I , < C !IOTt I. ·''""'" ., ""''" ~, ., '~ """ NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 1166 W. Grand (Address of Property) TO: All owners and interested parties: James & Tamara Ward, 1160 W. Grand, Muskegon. Ml 49441 Kenneth & Maryjane Sanford, 2035 Henry St. Muskegon, Ml 49441 (Other interested parties) On December 5, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on February 26, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. FOFyfF[i= ~oys1NG JtQA~ ~PP ALS o), 1 1urx±vJJl~✓,Jq_. By~--'--------------~ Robert B. Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING 0 \INSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMl~ISSION HEARINGDOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: December 6, 2002 To: James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441 Owners Name & Address Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon, Ml 49441 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, December 5, 2002 does hereby order that the following structure(s) located at 1166 W. Grand, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\OROER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. F£5RTi'.bl:l_E O SING,BO_t-RD,OF At. I PEALS: . v:_-s, i ) I ' . . .J, ~ 9 r /,v~1.., i I __\._. , -· J ;,-",.,$ Robe 8. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: November 25, 2002 Address of the Property: 1166 W. Grand TO: James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441 [Name & Address of Owner) Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon, Ml 49441 [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, December 5, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review the status of repairs on the structure. ' At the hearing on Thursday, December 5, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. O:\INSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC Hfl/\ Minutes 5/02 Case #01-051 - 1166 W. Grand - James & Tamara Ward & Maryjane Sanford, 1160 W. Grand, Muskegon Mary Sanford stated that she holds the land contract with James and Tamara Ward on this home. A tree fell on the front porch and has not been repaired yet. Mr. Grabinski stated there have been neighbor complaints and recently a police report from 4/15/02 stating there are car parts and junk in the back yard and the home appears to be in a state of disrepair. Mr. Ward stated the front porch was removed Friday, 4/26/02 and the back right side of the foundation was been repaired. He also stated there has been much work done on the inside. The window in the upstairs front bedroom is not permanent, it was stuck in instead of boarding the front. They will install an egress window. The Wards stated they have done a lot of work and only one neighbor complains, most neighbors are happy with what they have done. They live next door and have been trying to get the inside done, so they can move in. They have had electrical and building inspections. Mr. Kroes asked when the exterior work can be done. There was discussion on time frames required by Inspections. There was also discussion on how the exterior needs to be repaired, whether it has to be sided completely or just on the front. The sides that are wood can be painted, the front is to be sided. Staff Recommendation: Complete the front exterior within 30 days, remaining exterior within 90 days, allow monthly progress inspections, and table this case for 180 days. If progress continues ii will not be brought back in 180 days. If progress stops it will come back to the HBA. Motion made by Randy Mackie, supported by Jon Rolewicz to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carried. choenherr, Warren, Ml 48093 as present to represe I He is considering buying __.,eard stated this house looks very bad, they saw 1 abinski 6 or 8 CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS ORDER TO TABLE THIS CASE 180 DAYS Date of Order: May 3, 2002 Address of the property: 1166 W. Grand To: James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441 Owners Name & Address Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon. Ml 49441 Names & Addresses of Other Interested Parties CASE TABLED FOR 180 DAYS The Housing Board of Appeals of the City of Muskegon has reviewed your case and ordered that it be tabled until the November 2002 HBA meeting. It has also been ordered that the repairs to the front of the house be completed within 30 days of the date of this letter, the exterior repairs be completed within 90 days of the date of this letter, and that you call for progress inspections every 30 days. The exterior repairs do not include siding the whole house. The sides that are wood can be painted. If these conditions are met, the case will not be brought back to the Housing Board of Appeals. CITY OF MUSKEGON HOUSING BOARD OF APPEALS B~iJ,J,. Robe( B.Grabinski, Director of Inspections 2 Permit Application Approval Page 1 of I 11@1[ Building Permit Application Edit I Street 1166WGRANDAVE Address: Property 24-205A81-0014-00 Number: Owners TIMMERMAN ER!C/HE/i.THER Name: Owners 1166 W GRAND AVE Address: MUSKEGON Ml 49441 Permit No: BD-01-6693 ~equested by: Owner Contractor: --- -- N/A Architect: N/A ,Category: BUILDING -------- F'ermit Type: ALTERATION Type of R _Building: Description: INSTALL SIDING ON FRONT OF DWELLING; DRYWALL 3 ROOMS; COMPLETE ROOM UNDER CONSTRUCTION; THRESHOLD AT FRONT DOOR ---- ---- Dates: App Date: 12/03/2001 Issue Da_te: 12/07/2001 Value: $2,500.00 Item Quantity ----- Building Permit Fee 83.25 This application has been apprnved Approved: Yes r, No ' By: IHenry Faltinowski .,, Note: Date: 12/12/2001 EDIT PERMIT JChoose name .,, PIN: 01/15/2002 City of Muskegon http://intra .. .Ip_ add _permit_ app __ approve.cfm 0 PID=6693& Typc=BD&DPerrnitNo=B D-01-669 1/15/02 Permit Application Approval Page 1 of 1 11@11 Electr-ical Permit Application Eciitl Street Address: 1_166 W GRANDAVE Property Number: :2_4~205-481,_0014-00 Owners Name: TIMME:RMAN ERIC/tl_E::/\Jl::IE:R Owners Address: 1166 W GRAND AVE MUSKEGON Ml 49441 Permit No: EL-02-6789 Requested by: Owner Contractor: N/A Architect: N/A Category: ELECTRICAL Permit Type: ALTERATION Type of Building: R Description: PARTIAL REWIRING - INSTALL SMOKE DETECTORS Dates: App Date: 12/19/2001 Issue Date: 12/21/2001 Value: N/A ---- Item Quantity Permit Base Fee 1.0 Circuits each 5.0 Lighting Fixtures - per 25 1.0 Inspections - Final Inspection 1.0 This app!ic;:.;tion has been approved Approved: Yes r- No' By: j Don LaBrenz "• Note: Date: 01/10/2002 EDIT PERMIT !Choose name -.- PIN: 01/15/2002 City of Muskegon http://intra .. .Ip_add_perrnit_app __ approve.cfrn''PID=6 789&Type=EL&DPermitNo=EL-02-67 8 1115102 Incident Reoort MUSKEGON POLICE DEPARTMENT 2002-007748-I Incident No I Date & Time Rept Orrense: 55000 2002-007748-I 04/15/2002 09:59 HEALTH AND SAFETY Occurred From: I Occurred Until: Incident Location 04/15/2002 09:59 04/15/2002 09:59 1180 W GRAND AV Current Disp I Disposed To Municipality District CLOSED CLOSED SHIREY MUSKEGON 115 Disposition Date Juveniles Only? TTY Sent? I Cance,led? I TTY numDer 04/15/2002 NO NO Photos? I Consent? Affiaavit? Optional Date/Time NO NO NO / / 00:00 Officer Assigned Investigating Officer 10649 DIBBLE, JODI LYNN N copy to inspections 0 T E s OFFENSE : INFO Police Information =CAD TIMES: 10:35;00:00;00:00;00:00; Name/ Arlrlress / Phone I Descriotion p NO PERSONS Description/Name/Comments 1MaKe/Model/Statl Serial No./Qty/Value NO PROPERTY Status/ Plate Tvoe7VIN I Req/ Evirl !Value I Descrintion NO VEHICLES Cateqorv I Description NO M.O. INFORMATION rpt_revt.c 1.41 Date Printed: 04/15/2002 Page 1 Continued MUSKEGON POLICE DEPARTMENT 2002-007748-I Incident No I Date & Time Rept Ottense: 55000 2002-007748-I 04/15/2002 09:59 I HEALTH AND SAFETY N TAKEN FROM WORDPERFECT DOCUMENT 2002007748.001 A I was driving the alleys due to past complaints when I noticed R that in the rear of this yard there were car parts. Also the there R appeared to junk on the back porch and the north east side of the A house appeared to be in a state of repair that had never been T finished. When driving around to the front to get the address the I porch roof is sagging. It appears that some type of repair is V being done to the front of the house but it is unknown when these E repairs were done or if there is a permit. There was no address on the front of the house but is between 1160 and 1180 W. Grand. Dibble 59 rpt_revt.c 1.41 Date Printed: 04/15/2002 Page 2 CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: April 18, 2002 Address of the Property: 1166 W. Grand Description of the Structure: Lot 14, & N 16 ½ft.of Grand Ave. abutting same Blk 481 TO: Eric/Heather Timmerman, 1166 W. Grand, Muskegon, MI 49441 [Name & Address of Owner] Kenneth & Mary Jane Sanford, 1160 W. Grand, Muskegon, MI 49441 Names & Addresses of Other Interested Parties] Please take notice that on Thursday, May 2, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair dated 2/26/02. At the hearing on Thursday, May 2, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. F:IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: February 26, 2002 Address of the Property: 1166 W, Grand, Muskegon, Michigan TO: Eric/Heather Timmerman, 1166 W. Grand, Muskegon, Ml 49441 [Name & Address of Owner] Kenneth & Mary Jane Sanford, 1160 W. Grand Muskegon, Ml 49441 (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1166 W. Grand, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report C Robe · B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1166 W. Grand Ave. 11/15/01 Inspection noted: I. 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. Front porch damaged by tree - needs structural repair. 3. Broken windows on home. 4. Working on home with no pennits, interior and exterior of home. 5. Contacted owner - owner stated a financial problem. Have not had contact with owner since and no pennits have been issued at this date. 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. C FALTINOWSKI, BUILDING INSPECTOR F:\Inspcctions\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1166 W. Grand.doc I !BA [Vlinutcs l2:'5-02 #01-051 - 1166 W. Grand, James & Tamara Ward, same address The Wards were not present for the meeting. Mrs. Ward called the Inspection office and stated they would not be able to attend due to a court case in White Cloud. She also stated they have been working on the interior and spent $2700 on electrical repairs. Some of the board members drove by the house and it was stated there is OSB halfway down the rafters and the windows are not finished. They were ordered to install egress windows and it appears to be 28 x 28 windows. At the last HBA hearing they attended in May 2002, they were given 30 days to finish the front of the house, 90 days to finish the exterior, and 180 days to completely finish. They were also ordered to have 30 day progress inspections. They have not complied. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by John Warner and seconded by Jon Rolewicz to accept staff recommendation. A roll cal vote was taken: AYES NAYES EXCUSED: ABSENT: Greg Borgman Randy Mackie Clara Shepherd Jerry Bever Jon Rolewicz Nick Kroes John Warner The motion carried. =~rought back before the board because in Jul oard ordered the new owner to s ule an interior inspection withi ays and it was not done. Mr. Khatri stated th--ho did not have the s until now to rehab the 2 of 9 NOTICE OF RESOLUTION DANGEROUS BUILDING PROCEEDING TO ALL INTERESTED PARTIES: TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined that the building located on the following described property constitutes a dangerous building and has recommended to the City Commission that it shall be demolished. If demolished, the cost incurred by the City of Muskegon for demolition shall become a lien on this property. The determination was made by the Housing Board of Appeals on December 5, 2002. The property is described as follows: * S 82 ft. Lot 13 Blk 64 Also known as: 1166 W. GRAND Any person interested in the property should consult with the Office of the City Clerk for the City of Muskegon for further information. Gail A. Kundinger, Clerk '--(--\ I !, \ (.l_ C,~(ll c_ _J.,_ ~r·)tJ,/ .. f) kt• H,'. ~ f--.: 'I n (0.,·50.,•.,:c: 11/.. f-.J(o..,(.r. STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this //;Ji day of/{." d-1-1.;-2002 by Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon. 7 I /-r//:~ f.,. /,'.. I-·1),., <i •) x,) IZl/511 /,:-,, cv<· C i .. ,J,,'" ;/,, r,Notary Public Muskegon County, Michigan My commission expires: '7-Ji -,•c· Prepared By & Upon Recording Return To: John C. Schrier, Parmenter O'Toole 175 W Apple Ave, PO Box 786 Muskegon, Ml 49443-0786
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