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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 25, 2003 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA ROLL CALL: HONORS AND AWARDS CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Dock Boxes for Hartshorn Marina LEISURE SERVICES c. Alexander Trail Property Purchase LEISURE SERVICES d. Purchase of 72" Riding Lawn Mower for Cemetery LEISURE SERVICES e. First Reading - General Employees' Pension Ordinance Change FINANCE f. Aggregates, Highway Maintenance Materials and Concrete. DEPARTMENT OF PUBLIC WORKS g. Budgeted Vehicle Replacement DEPARTMENT OF PUBLIC WORKS h. Video Systems DEPARTMENT OF PUBLIC WORKS i. City Commission Vision, Value and Mission Statements, Prioritized List of Projects and Programs for 2003 - 2004 ASSISTANT CITY MANAGER j. Consideration of Bids - Davis St., Laketon Ave.to Southern Ave. ENGINEERING PUBLIC HEARINGS: a. Request for an Industrial Facilities Exemption Certificate - Adac Plastics, Inc. PLANNING AND ECONOMIC DEVELOPMENT b. 2003-2004 CDBG/HOME Recommendation and City Commission Preliminary Decision COMMUNITY AND NEIGHBORHOOD SERVICES c. Create a Special Assessment District - Thompson, Edgewater to Plum ENGINEERING d. Create a Special Assessment District - Moon, Lakeshore to Harrison. ENGINEERING e. Create a Special Assessment District - Mann. Lakeshore to Harrison ENGINEERING f. Create a Special Assessment District - Clifford. Lakeshore to Miner ENGINEERING g. Create a Special Assessment District - Edgewater. Thompson to Wilcox ENGINEERING NEW BUSINESS: a. Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program. PLANNING & ECONOMIC DEVELOPMENT b. Sale of Buildable Vacant Lot on Muskegon Ave.- 354 W. Muskegon PLANNING & ECONOMIC DEVELOPMENT c. Sale of Buildable Vacant Lot on Muskegon Ave. - 362 W. Muskegon PLANNING & ECONOMIC DEVELOPMENT d. First Reading - Rezoning Request for Property Located at 808 Oak Ave. (NE Corner of Oak Ave. and Getty St. PLANNING AND ECONOMIC DEVELOPMENT e. Norlight Permit Under METRO Act ENGINEERING AND ADMINISTRATION f. Concurrence with the Housing Board of Appeals Notice and Order to Demolish INSPECTIONS 1. 1968 Leahy (Garage only} 2. 465 Adams (Garage only} 3. 1129 Sanford 4. 477 Mclaughlin 5, 1166 W. Grand g. Cross-Lake Ferry Architectural & Engineering Services CITY MANAGER Date: March 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, March 1o, 2003; and the Regular Commission Meeting that was held on Tuesday, March 11, 2003. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 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, March 25, 2003. Mayor Warmington opened the meeting with a prayer from Pastor Miriam Bush of Covenant Community 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 HONORS AND AWARDS Mayor Warmington presented a Certificate of Recognition to Coach Mike Ayers and the Muskegon Community College Hawk Hockey Team. 2003-26 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, March 10, 2003; and the Regular Commission Meeting that was held on Tuesday, March 11, 2003. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. b. Dock Boxes for Hartshorn Marina LEISURE SERVICES SUMMARY OF REQUEST: To approve the purchase of 40 dock boxes at Hartshorn Marina to replace the old boxes that were deteriorating. FINANCIAL IMPACT: The total cost of the dock boxes, plus shipping is $9,060. BUDGET ACTION REQUIRED: To be paid for out of the Marina Fund. STAFF RECOMMENDATION: Approve. c. Alexander Trail Property Purchase LEISURE SERVICES SUMMARY OF REQUEST: To authorize the purchase of property from Dave Alexander for construction of the trail behind the filtration plant. FINANCIAL IMPACT: $5,000 to come from the Golf Course Fund. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve. d. Purchase of 72" Riding Lawn Mower for Cemetery LEISURE SERVICES SUMMARY OF REQUEST: To purchase a new 72" riding mower for the Cemetery Department to replace an older mower. FINANCIAL IMPACT: $12,675.57 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve. e. First Reading - General Employees' Pension Ordinance Change FINANCE SUMMARY OF REQUEST: Previously, the City Commission approved a set of 2003 salary and benefit changes for non-union employees. One of the changes was to allow retiring employees a new benefit option of receiving a lump-sum payment of their contributions of retirement. This payment is actuarially neutral to the plan since the lump-sum payment is offset by lower monthly benefit payments to the retiree. The benefit is the same as one currently available to police and fire retirees. This request is to modify the General Employees' pension ordinance to reflect this previously approved change. FINANCIAL IMPACT: Cost of ordinance publication. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the pension ordinance amendment. f. Aggregates, Highway Maintenance Materials and Concrete. DEPARTMENT OF PUBLIC WORKS STAFF RECOMMENDATION: Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid Dustlayer, Inc. Award bid to supply bituminous asphalt product to Asphalt Paving, Inc. Award bid to supply sylvax-patching material to Rieth-Riley Construction Co., Inc. Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking Company. Award bid to supply road slag to Verplank Trucking Company. Award bid to supply concrete to Consumers Concrete Inc., contingent upon product availability, timely deliveries, and prices as quoted. FINANCIAL IMPACT: $151,394 based on 2002 quantities at 2003 quotes. BUDGET ACTION REQUIRED: None; monies appropriated in several budgets. STAFF RECOMMENDATION: Approve. g. Budgeted Vehicle Replacement DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase one sewer inspection truck. FINANCIAL IMPACT: Total Cost $99,214.75. BUDGET ACTION REQUIRED: None. There was $176,000 budgeted for this purchase. STAFF RECOMMENDATION: Approve purchase of one sewer inspection truck from UEMSI. h. Video Systems DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase new video systems for police cruisers. FINANCIAL IMPACT: Cost per unit $5825.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase of new video systems for police cruisers. Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the Consent Agenda as read, minus items i and j ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro Nays: None 2003-27 ITEMS REMOVED FROM CONSENT AGENDA i. City Commission Vision, Value and Mission Statements, Prioritized List of Projects and Programs for 2003 - 2004 ASSISTANT CITY MANAGER SUMMARY OF REQUEST: To approve the document outlining the Commission Vision, Value and Mission Statements. Also, to approve the Prioritized List of Projects/Programs as identified by the Commission at their February 20, 2003, Strategic Planning session. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Recommend approval. Motion by Commissioner Spataro, second by Commissioner Larson to approve the Commission Vision, Value and Mission Statements and the Prioritized List of Projects/Programs for 2003-2004. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSED j. Consideration of Bids - Davis St.. Laketon Ave.to Southern Ave. ENGINEERING SUMMARY OF REQUEST: The Davis St., Laketon Ave. to Southern Ave. contract be awarded to Asphalt Paving, Inc. of Muskegon, Ml. Asphalt Paving inc. was the lowest, responsible bidder with a bid price of $119,021.32. FINANCIAL IMPACT: The construction cost of $119,021.32 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Asphalt Paving, Inc. Motion by Commissioner Larson, second by Commissioner Spataro to approve the contract for Davis St., Laketon Ave. to Southern Ave. to Asphalt Paving of Muskegon Ml. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED 2003-2\3 PUBLIC HEARINGS: a. Request for an Industrial Facilities Exemption Certificate - Adac Plastics, Inc. PLANNING AND ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Adac Plastics, Inc., 1801 Keating Ave., Muskegon, Michigan, has requested the issuance of an Industrial Facilities Exemption Certificate. The total capital investment for this project is $2,876,776 in personal property and will create 25 new employment opportunities. This request qualifies Adac Plastics, inc. for a 9-year exemption personal property. Adac Plastics current workforce is 235. FINANCIAL IMPACT: The City will capture certain additional property taxes and income taxes generated by the expansion. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities Exemption Certificate for a term of nine (9) years for personal property. The Public Hearing was opened at 5:53pm to hear any comments from the public. No comments were heard. Motion by Commissioner Larson, second by Commissioner Gawron to close the Public Hearing at 5:56pm and to approve the resolution granting Adac Plastics, Inc. an Industrial Facilities Exemption Certificate for a term of nine (9) years for personal property. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED b. 2003-2004 CDBG/HOME Recommendation and City Commission Preliminary Decision COMMUNITY AND NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To conduct a public hearing concerning the CDBG/HOME 2003- 2004 recommendation, submitted by both the administration and the Citizen's District Council. The public hearing is to obtain comments from the public in reference to the 2003-2004 CDBG/HOME allocation funding which is designated to be $1,217,000 and $340,111 respectively, excluding any program income and reprogrammed funding. The Commission is also asked to make their preliminary decision on what items should be funded and at what amounts. The City Commission will be asked to make their final decision on April 8, 2003. FINANCIAL IMPACT: The 2003-2004 allocations will be based on the Commission decision. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To conduct the public hearing and to make preliminary allocation decision. coi,tA,~!TTEE RECONi•,~ENDAT!ON: The Citizen's District Council recommendations are included with the recommendations submitted by the administration. The Public Hearing was opened at 5:57pm to hear comments from the public. No comments were heard. Motion by Commissioner Spataro, second by Vice Mayor Buie to close the Public Hearing at 6:02pm and make the preliminary allocation decision on the 2003-2004 CDBG/HOME. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED c. Create a Special Assessment District - Thompson, Edgewater to Plum ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Thompson St., Edgewater to Plum, 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 was opened at 6:03 to hear comments from the public. Comments in opposition to the special assessment were heard from Colleen Thorn of 3263 Thompson, Rick Pesta of 3235 Edgewater, Sue Wilkinson of 3317 Thompson, Cindy DeVries of 1867 Cherry St., Amy Roland of 3235 Edgewater and Sue Boland of 3269 Thompson. Motion by Commission Spataro, second by Commissioner Larson to close the Public Hearing at 6:35 and to not create a special assessment district for Thompson, Edgewater to Plum. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSES *commissioner Spataro requested staff to see if the street funding money can be allocated to another street. d. Create a Special Assessment District - Moon, Lakeshore to Harrison. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Moon St., Lakeshore to Harrison 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 was opened at 6:36pm to hear comments from the public. No comments were heard. Motion by Commissioner Larson, second by Commissioner Schweifler to close the Public Hearing at 6:58pm and to approve the special assessment of the Moon St., Lakeshore to Harrison project and to create the special assessment district and appoint two Commissioners to the Board of Assessors, and to ask the Engineer to look into creating a roll curb and check into the price of cement versus asphalt. Mayor Warmington and Commissioner Larson are appointed to the Board of Assessors. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays: None MOTION PASSED e. Create a Special Assessment District - Mann, Lakeshore to Harrison ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Mann St., Lakeshore to Harrison 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 was opened at 6:47pm to hear comments from the public. Mayor Warmington owns property on Mann and asked to be excused due to conflict of interest. Comments in favor were heard from Charles Hall of 2074 Mann St., and Joe Booker of 1987 - 1991 Lakeshore Dr. Motion by Commissioner Shepherd, second by Commissioner Schweifler to close the Public Hearing at 6:58pm and to approve the special assessment of the Mann St., Lakeshore to Harrison project and to create the special assessment district and appoint Commissioners Gawron and Schweifler to the Board of Assessors. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Buie, Gawron Nays: None Excused: Warmington MOTION PASSED f. Create a Special Assessment District - Clifford, Lakeshore to Miner ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Clifford, Lakeshore to Miner 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 was opened at 6:59 to hear comments from the public. Comments in favor were heard from James Trombley of 2223 Clifford, and Edward Dion of 2226 Clifford. Motion by Commissioner Schweifler, second by Commissioner Spataro to close the public hearing at 7:10pm and to approve the special assessment of the Clifford, Lakeshore to Miner project, and to create the special assessment district and appoint Commissioner Schweifler and Mayor Warmington to the Board of Assessors. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSED g. Create a Special Assessment District - Edgewater. Thompson to Wilcox ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Edgewater, Thompson to Wilcox 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 was opened at 7:11pm to hear comments from the public. A comment in opposition was heard from Steve Schiller of 1828 Edgewater. Motion by Commissioner Schweifler, second by Commissioner Spataro to close the Public Hearing at 7: 1Spm. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED Motion by Commissioner Larson, second by Commissioner Schweifler to not create a special assessment of the Edgewater, Thompson to Wilcox project. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED 2003-29 NEW BUSINESS: a. Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program. PLANNING ft ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC) currently has a local Mainstreet designation. Funding has come from both the Downtown Arts and Entertainment District and NIC. The opportunity is now available to apply for a State Mainstreet designation. This would allow for direct training and other benefits from the National Trust for Historic Preservation Mainstreet program. NIC will be making application to the State for this designation. The resolution lends the commitment and cooperation of the City of Muskegon in this effort. FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind services through the Planning and Economic Development staff (e.g., mapping, printing). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign. Motion by Commissioner Schweifler, second by Commissioner Shepherd to approve the resolution of the commitment and cooperation of the City of Muskegon for the Mainstreet Program. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED b. Sale of Buildable Vacant Lot on Muskegon Ave.- 354 W. Muskegon PLANNING ft ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 354 W. Muskegon (designated as parcel number 24-205-336-0012-00) described as LOT 12 ft THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON to Theresa L. Moye, of 2183 Larue Street, Muskegon, Ml 49441. The lot is 79.5 X 132 ft. and is being offered to Theresa L. Moye for $1,000. She plans to move a home from 341 Bauer to this vacant land. The value of the lot was set at $1,000 by the Historic Home Infill Program. FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution. Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the resolution for sale of vacant buildable lot at 354 W. Muskegon to Theresa L. Moye of 2183 Larue St., Muskegon, Ml 49441, and authorize both the Mayor and Clerk to sign said resolution. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSED c. Sale of Buildable Vacant Lot on Muskegon Ave. - 362 W. Muskegon PLANNING 8: ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 362 W. Muskegon (designated as parcel number 24-205-336-0011-00) described as THE SOUTHERLY 52.25' OF LOT 11 8: THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON to Millie Ortiz, and husband Kenneth Richardson, of 1158 Walnut Grove, Muskegon, Ml 49441. The lot is 79.5 X 132 ft. and is being offered to Millie Ortiz and husband Kenneth Richardson for $1,000. She plans to move a home from 1077 Pine Street to this vacant land. The value of the lot was set at $1,000 by the Historic Home Infill Program. FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the resolution for purchase of vacant buildable lot at 362 W. Muskegon to Millie Ortiz and husband Kenneth Richardson of 1158 Walnut Grove, Muskegon, Ml 49441 for $1,000, and to authorize the Mayor and Clerk to sign said resolution. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays: None MOTION PASSED d. First Reading - Rezoning Request for Property Located at 808 Oak Ave. (NE Corner of Oak Ave. and Getty St. PLANNING AND ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone property located at 808 Oak Ave., at the NE corner of Oak Ave. and Getty St., from R-1, Single-Family Residential to RM-1, Low Density Multiple-Family Residential. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map and Master Land Use Plan. COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the request at their 3/13 meeting. The vote was unanimous. Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Planning Commission and deny the request for rezoning property located at 808 Oak Ave. from R-1, Single-Family to RM-1, Low Density Multiple-Family Residential. ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSED e. Norlight Permit Under METRO Act ENGINEERING AND ADMINISTRATION SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application submitted by Norlight Telecommunications. Submittal of the permit application is in response to the City opting into the newly adopted METRO Act. It is further requested that approval be conditioned upon Norlight retaining active satisfactory liability insurance consistent with the terms of the Act and City policy. FINANCIAL IMPACT: None. The City will no longer be able to collect annual permit fee, but rather it will receive its share of payments made to the State consistent with the terms of the Act. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the permit and sign the documents. Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the permit application submitted by Norlight Telecommunications conditioned upon Norlight retaining active satisfactory liability insurance consistent with the terms of the METRO Act and City policy and have the Mayor sign. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSED f. Concurrence with the Housing Board of Appeals Notice and Order to Demolish INSPECTIONS 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), 465 Adams (Garage), 1129 Sanford, 477 McLaughlin, and 1166 W. Grand are unsafe, substandard, a public nuisance 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 structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. 1. 1968 Leahy (Garage only) CASE# ft PROJECT ADDRESS: 02-068 · 1968 Leahy (Garage only) 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 STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to demolish. 2. 465 Adams (Garage only) Due to an error in notification of the owner, this case is being brought back to you for consideration. 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 STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to demolish. 3. 1129 Sanford Staff has requested to have 1129 Sanford removed from the Agenda and have tabled until a time decided on by discretion of Department Head. 4. 477 McLaughlin CASE# & PROJECT ADDRESS: 02-40 - 477 McLaughlin LOCATION AND OWNERSHIP: This structure is located on McLaughlin between Williams and Chestnut. It is owned by Judy Irish. STAFF CORRESPONDENCE: This structure was abandoned and vacant for more than six months. A dangerous building inspection was conducted 8/7 /02. On 9/11 /02 a notice and order to repair or demolish was issued. The City has had the structure boarded three times. The property was sold at a state auction in September 2002 and was purchased by Judy Irish who lives in Ravenna, Ml. Her intentions were to rehab the house and use it as a rental, but after seeing the extent of required repairs, she decided not to put that much money into the house. She tried to sell it, but couldn't. An interior inspection was conducted on 12/6/02 and the HBA ordered it demolished on 2/6/03. The owner was at the meeting, but there has been no further contact. OWNER CONTACT: The new owner brought proof of purchase in to Inspection Department October 2002 and has cooperated with staff on allowing access for interior inspection. FINANCIAL IMPACT: The cost of demolition will be paid with general funds. BUDGET ACTION REQUIRED: None SEV: $14,300 (2003) ESTIMATED COST OF REPAIRS: $20,000 STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to demolish. 4, 1166 W. Grand Staff has requested to have 1169 W. Grand removed from the Agenda and have tabled until at time decided on by discretion of Department Head. Motion by Commissioner Schweifler, second by Commissioner Larson to table 1129 Sanford and 1166 W. Grand from the Agenda and have these items brought back to the Commission at the discretion of the Department Head. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSED Motion by Commissioner Schweifler, second by Commissioner Larson to concur with findings of the Housing Board of Appeals decision that the structures at 465 Adams (Garage only), 477 Mclaughlin and 1968 Leahy (Garage only) be demolished and direct administration to obtain bids for the demolitions and have the Mayor and City Clerk execute a contract for demolitions with the lowest responsible bidder. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSED g. Cross-Lake Ferry Architectural 8: Engineering Services CITY MANAGER SUMMARY OF REQUEST: To approve an agreement with Hooker/DeJong Architects & Engineers for architectural and engineering services for the Cross-lake Ferry Project. FINANCIAL IMPACT: The cost is estimated at $77,000 or less based on the terms of the agreement and the estimated capital cost of the project. BUDGET ACTION REQUIRED: Funds will come from the City's Revolving Loan Fund for this project. STAFF RECOMMENDATION: To approve the agreement with Hooker/DeJong Architects & Engineers. Motion by Commissioner Schweifter, second by Vice Mayor Buie to approve the agreement with Hooker/DeJong Architects 8: Engineers contingent upon approval of the City Attorney on the terms and conditions of the agreement. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro Nays: None Absent: Shepherd MOTION PASSED The Regular Commission Meeting for the City of Muskegon was adjourned at 7:57pm. Respectfully submitted, Gail Kundinger, MMC &-oo 3 -~b QJ Date: March 17, 2003 To: Honorable Mayor and City Commissioners From: Melissa Jacobsen~ RE: Dock Boxes for Hartshorn Marina SUMMARY OF REQUEST: To approve the purchase of 40 dock boxes at Hartshorn Marina to replace the old boxes that were deteriorating. FINANCIAL IMPACT : The total cost of the dock boxes, plus shipping is $9,060. BUDGET ACTION REQUIRED: To be paid for out of the marina fund. STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmative Action 231 /724-6703 FAX/722-1214 Assessor 231 /72q-6708 FAX/726-518 1 Cemetery 231/724-6783 FAX/726-5617 Clvll Service 231/724-6716 F AX/724-4405 West Michigan's Shol'Cllne City Clerk 231 /724-6705 FAX/724-4178 Date: March 17, 2003 Comm. & Neigh. Services To: Honorable Mayor and City Commissioners 231 /724-6717 FAX/726-2501 From: Melissa JacobsenM' Engineering 231/724-6707 Re: Dock Boxes for Hartshorn Marina FAX/727-6904 Finance 231/724-6713 I am requesting your approval for the purchase of 40 FAX/724-6768 dock boxes at Hartshorn Marina. The old ones were Fire Dept. removed last year for construction, and due to their age 231/724-6792 F AX/724-6985 need to be replaced . The bottoms have rusted out, and they are basically unusable. Income Tax 231/724-6770 FAX/724-6768 The bids are as follows: Info. Systems Dock Boxes Unlimited $8,760 231/724-6744 FAX/722-4301 Naron Industries $9,060 Leisure Service Cheyenne Mfg. $9,713 231/724-6704 FAX/724-1196 I am requesting the dock boxes be purchased from Noren Manager's Office Industries {even though they are the second low 231 /724-6724 FAX/722-1214 bidder)because that is where the dock boxes for the East side of the marina were purchased last year. It would Mayor's Office 231/724-6701 be nice to have them all the same. The difference FAX/722-1214 between them and the low bidder is $300. I nspecllon Services 231/724-6715 Thank you for your consideration. FAX/726-250 I Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231 /724-6750 FAX1722-5140 Public Works 23 l /724-4100 FAX/722-4188 Treasurer 231/724-6720 FAX/724-6768 Water DIiiing Dept. 231 /724-6718 F AX/724-6768 Water Flltratlon 231/724-4106 F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Dock Boxes for Hartshorn Marina BID PROPOSAL March 19, 2003 ITEM Naron Industries, Inc Cheyenne Mfg Inc Dock Boxes Unlimited Inc. 650 Hoague Rd. PO Box 25 2307 Creekside Circle North Manistee, Ml 49660 Brush Prairie, WA 98606 Irving, TX 75063 40 Dock Boxes LUMP SUM PRICE OF $9,060.00 $9,712.83 $8,760.00 c?-003 - ;;L!o ~) Date: March 17, 2003 To: Honorable M~r/~n~ City Commissioners From: Ric Scott jf'~M RE: Alexander Property Purchase SUMMARY OF REQUEST: To authorize the purchase of property from Dave Alexander for construction of the trail behind the filtration plant FINANCIAL IMPACT: $5 , 000 to come from the Golf Course Fund BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmative Action 231/724-6703 FAX/722-1214 Assessor 23 I /724-6708 FAX/726-5181 Cemetery 231/724-6783 FAX/726-5617 Civil Service 23 I /724-6716 F A.X/724-4405 West Michigan's Shoreline City Clerk 231 /724-6705 FAX/724-4178 Comm. & Neigh. Date : March 17, 2003 Services 231/724-6717 To: Honorable ~ ~ - a9d City Commissioners FAX/726-2501 From: Ric Scott/fodZ/g Engineering 231/724-6707 Re: Alexander Property Purchase F A.X/727-6904 Finance In order to complete the trail from Beachwood Park to 231 /724-6713 Lakeshore Dr. behind the filtration plant , property FAX/724-6768 needs to be purchased from Dave Alexander. Staff has met Fire Dept. with Mr. Alexander and we have agreed to a price and the 231 /724-6792 FAX/724-6985 conditions of the purchase. The draft agreement is Income Tax attached. 231/724-6770 FAX/724-6768 As a part of the agreement , the city will be doing some landscaping on the property that we purchase and we will Info. Systems 231/724-6744 sign the property to try to keep people from entering FAX/722-4301 the private property. The Alexander' s do not want a Leisure Service fence put up. The purchase is necessary as the State 23 l /724-6704 denied our request to put the trail within the existing FAX/724-1196 easement and we could not go onto the Filtration plant Mnnngcr's Office 231 /724-6724 property because of their future improvements . FAX/722-1214 I am requesting that you authorize staff to complete the Mayor's Office purchase of the property so that the trail can be 231 /724-6701 FA.X/722- 1214 completed this spring. Funding for the purchase will come from the Golf Course fund . Inspection Services 231/724-6715 FAX/726-2501 Thank you for your consideration. l'lnnnlng/Zonlng 231/724-6702 FAX/724-6790 Police Dept, 231 /724-6750 FAX/722-5140 Public Works 231/724-4100 FA.X/722-4188 Treasurer 231/724-6720 FA.X/724-6768 Water BIiiing Dept. 231 /724 -6718 F AX/724-6768 \Voter Filtration 231/724-4106 F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 PARMENTER O'TOOLE Attorneys at Law 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443"-0786 Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206 www.Parmenterlaw.com March 26, 2003 Thomas H. Thornhill Lague, Newman & Irish 600 Terrace Plaza P.O. Box 389 Muskegon, MI 49443-0389 Re: David and Margaret Alexander and City of Muskegon Dear Mr. Thornhill: Enclosed please find fully executed Real Estate Purchase Agreement involving the above-referenced parties. Someone on behalf of the City of Muskegon will be contacting Mr. Alexander in the near future to schedule closing. If you have any questions or concerns, please feel free to contact me. Very truly yours, Direct: 231.722.5401 Fax: 231. 728.2206 E-Mail Address: jcs@parmenterlaw.com Enclosure , c: I ~c Scott i/Gail A. Kundinger, MMC Deborah Steenhagen G:\EDSI\FILES\00100\105821\LTRIAU0861.DOC REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made /'? '7' 11 RC. 2.- £ , 2003, by and between David Alexander and Margaret C. Alexander, husband and wife, of 167 W. Dale, Muskegon, Michigan (ASellef=:), and the CITY OF MUSKEGON, of933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"). I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon ("Premises") specifically described as: See attached Exhibit A subject to the reservations, restrictions and easements ofrecord, provided said reservations, restrictions and easements of record are acceptable to Buyer, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Five Thousand and no/100 Dollars ($5,000.00) payable in cash or by City check to Seller at closing. 3. Easement. Buyer and Seller agree that Seller shall retain an easement across the premises, at a mutually convenient location, for the installation of underground utilities to service a house to be located at a mutually agreeable location. 4. Taxes and Assessments. All taxes and assessments, which are due and payable at the time of closing, shall be paid by Seller prior to or at closing. All taxes and special assessments which become due and payable after closing shall be the responsibility of Buyer; provided, because the Premises is part of a larger property, the parties agree that Seller shall pay in full all taxes due in 2002, including those billed on December 1, 2002. 5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance issued by Transnation Title Insurance Company for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions, and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified, or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owners' title policy shall be paid by Buyer. 6. Personal Property and Fixtures. All personal property and fixtures, which Seller wishes to remove, shall be removed on or before closing. Any personal property which is left on the Premises shall be the property of Buyer who may dispose of same. 7. Survey. Buyer has obtained a survey and is satisfied with same, provided no change has been made to the property since the date of the survey. C:\WINDOWS\TEMP\AR2500.DOC 8. Environmental Matters. Seller represents and warrants to Buyer as follows: a. To the best of Seller's knowledge, the Premises have been used and operated by Seller in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health and the environment. b. Seller has not disposed of any hazardous or toxic substances on or in the Premises, but the premises may have been characterized as part of a "facility" under Michigan law. The Premises may constitute a facility because of historic fill materials in or in the vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the Premises. c. To the best of Seller's knowledge, the Premises does not include any "underground storage tank," as that term is defined by state or federal law. Such representations and warranties shall be deemed to have been made again by Seller as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the closing. 9. Condition of Premises and Examination by Buyer. SUBJECT TO TIIE ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR APARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS OF SELLER. 10. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. 11. Closing. The closing date of this sale shall be on or before May 2, 2003 ("closing"). The closing shall be conducted at Transnation Title Company, Muskegon, Michigan. If necessary, the parties shall execute an IRS closing report at the closing. 12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at closing for the Premises. 13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit of Title. C:\WINDOWS\TEMP\AR2500.DOC 14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of closing. 15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear and convey marketable title to the extent required by this Agreement or by the title insurance company. Buyer shall pay for the cost ofrecording the warranty deed to be delivered at closing and the title company fees for closing. 16. City Post-Closing Obligations. City is acquiring the property to be used in conjunction with a bicycle path going through a residential area. As such, City agrees to the following: a. Improvements of Bike Path. The City will make the bike path improvements consistent with the plans designed by MC Smith dated November 5, 2002, which is attached as Exhibit B. No improvements will be made prior to the issuance of necessary Michigan Department of Environmental Quality permits. b. Improvements of Surrounding Areas. As to the remainder of the property acquired from Seller, City will plant dune grass, vegetation, evergreen shrubs, and post signs attempting to encourage separation of the users of the bike path from the residences pursuant to the plan attached as Exhibit C. c. Maintenance. City will maintain the bike path. City will maintain the remainder of the property acquired such that the vegetation, excluding shrubs and trees, will be maintained at no higher than three (3) feet. 17. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their heirs, executors, administrators, officers, directors, employees, agents, representatives, successors, and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. C:\WINDOWS\TEMPIAR2500.DOC g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: Drafted by and after recording return to: PARMENTER O'TOOLE John C. Schrier 175 W. Apple Ave Muskegon, Michigan 49443-0786 C:\WINDOWS\TEMP\AR2500.DOC EXHIBIT A Property Description That part of Outlot "A" lying within the recorded plat of Lake Michigan Park Subdivision No. 1, as recorded in Lib er 9 of Plats, Page 40, City of Muskegon, Muskegon County, Michigan, described as: Beginning at the Southwest corner of said Outlot "A"; thence North 13°56' West along the Westerly line of said Outlot "A" 35.18 feet; thence South 68°29'33" East to the South line of said Outlot "A" 93 .14 feet; thence West along said South line 78 .19 feet to the point of beginning; subject to the reservation by Grantors of an easement upon, over and under the above described premises for the placement, maintenance, repair and replacement of public and private utilities to serve Grantors' adjoining property. EXHIBITB MC Smith Bike Path Design C:\WINDOWS\TEMP\AR2500.DOC EXHIBITC Site Plan for Surrounding Area C:\WINDOWS\TEMP\AR2500.DOC REAL ESTA TE PURCHASE AGREEMENT THIS AGREEMENT is made March 2 5 2003, by and between David Alexander and Margaret C. Alexander, husband and wife, of 167 W. Dale, Muskegon, Michigan (-Seller--), and the CITY OF MUSKEGON, of933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"). I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon ("Premises") specifically described as: See attached Exhibit A subject to the reservations, restrictions and casements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Five Thousand and no/I 00 Dollars ($5,000.00) payable in cash or by City check to Seller at closing. 3. Easement. Buyer and Seller agree that Seller shall retain an easement across the premises, at a mutually convenient location, for the installation of underground utilities to service a house to be located at a mutually agreeable location. 4. Taxes and Assessments. All taxes and assessments, which are due and payable at the time of closing, shall be paid by Seller prior to or at closing. All taxes and special assessments which become due and payable after closing shall be the responsibility of Buyer; provided, because the Premises is part of a larger property, the parties agree that Seller shall pay in full all taxes due in 2002, including those billed on December I, 2002. 5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (IO) days prior to closing, a commitment for title insurance issued by Transnation Title Insurance Company for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements ofrecord disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions, and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten ( I 0) days of written notification thereof If Seller fails to resolve such restrictions or remedy the title within the time above specified, or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owners' title policy shall be paid by Buyer. 6. Personal Property and Fixtures. All personal property and fixtures, which Seller wishes to remove, shall be removed on or before closing. Any personal property which is left on the Premises shall be the property of Buyer who may dispose of same. 7. Survey. Buyer has obtained a survey and is satisfied with same, provided no change has been made to the property since the date of the survey. C:\DOCUME-1\KUNDIN~1\LOCALS-1\Temp\AR2500.DOC 8. Environmental Matters. Seller represents and warrants to Buyer as follows: a. To the best of Seller's knowledge, the Premises have been used and operated by Seller in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health and the environment. b. Seller has not disposed of any hazardous or toxic substances on or in the Premises, but the premises may have been characterized as part of a "facility" under Michigan law. The Premises may constitute a facility because of historic fill materials in or in the vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the Premises. c. To the best of Seller's knowledge, the Premises does not include any "underground storage tank," as that term is defined by state or federal law. Such representations and warranties shall be deemed to have been made again by'Seller as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the closing. 9. Condition of Premises and Examination by Buyer. SUBJECT TO THE ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS OF SELLER. 10. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. 11. Closing. The closing date of this sale shall be on or before May 2, 2003 ("closing"). The closing shall be conducted at Transnation Title Company, Muskegon, Michigan. If necessary, the parties shall execute an IRS closing report at the closing. 12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at closing for the Premises. 13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit of Title. C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.0OC 14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on tbe date of closing. 15. Costs. Seller shall be responsible to pay tbe Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear and convey marketable title to tbe extent required by this Agreement or by the title insurance company. Buyer shall pay for tbe cost of recording the warranty deed to be delivered at closing and tbe title company fees for closing. 16. City Post-Closing Obligations. City is acquiring the property to be used in conjunction witb a bicycle path going through a residential area. As such, City agrees to the following: a. Improvements of Bike Path. The City will make the bike path improvements consistent with the plans designed by MC Smitb dated November 5, 2002, which is attached as Exhibit B. No improvements will be made prior to the issuance of necessary Michigan Department of Environmental Quality permits. b. Improvements of Surrounding Areas. As to the remainder of the property acquired from Seller, City will plant dune grass, vegetation, evergreen shrubs, and post signs attempting to encourage separation oftbe users of the bike patb from the residences pursuant to the plan attached as Exhibit C. c. Maintenance. City will maintain the bike patb. City will maintain the remainder of the property acquired such that the vegetation, excluding shrubs and trees, will be maintained at no higher than three (3) feet. 17. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed tbat all understandings and agreements previously made between Buyer and Seller are merged into tbis Agreement, which alone fully and completely expresses tbe agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their heirs, executors, administrators, officers, directors, employees, agents, representatives, successors, and assigns. f. Severability. In case any one or more oftbe provisions contained in tbis Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.DOC g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES : SELLER: David Alexander TIO Number: - - -- - - ------ Margaret C. Alexander .-•·· ... ;_.:..: ~ J)emp5l... Drafted by and after recording return to: PARMENTER O'TOOLE John C. Schrier 175 W. Apple Ave Muskegon, Michigan 49443-0786 C:IDOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.O0C EXHIBIT A Property Description That part of Outlot "A" lying within the recorded plat of Lake Michigan Park Subdivision No. 1, as recorded in Liber 9 of Plats, Page 40, City of Muskegon, Muskegon County, Michigan, described as: Beginning at the Southwest corner of said Outlot "A"; thence North 13°56' West along the Westerly line of said Outlot "A" 35. 18 feet; thence South 68°29'33" East to the South line of said Outlot "A" 93.14 feet; thence West along said South line 78.19 feet to the point of beginning. C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.DOC EXHIBITB MC Smith Bike Path Design C:\OOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.00C EXHIBITC Site Plan for Surrounding Area C:\DOCUME-11KUNDIN-11LOCAl.S-11TemplAR2500.DOC j Date Drawn I Job N=be, I Scale 1• • 40' E"ZJ-Contt,te ! r tdb 2900103 -; 12/06/02 D = Description dfrncrurlon ~ P.O. Bcx410 Phone (616) 895-7190 All=la!c, MI 49401 Fax (616) 895-7191 M = Measured d:imetmon P = Platt«! dimension e =- Set iron stake 0 = Found iron .stake ~ Desaiptic~ lbat part of Outlot r,A•. lying within the recorded plat of Lake Mi~g:m Park Subd:.'vision No. 1, as recorded in Lber 9 ofP1ats,P3ge 40, City ofMtulccgon, Mwkegon County, Michigan, ws:ribed as: Beginning arthe Southwest corner of said Outlot •A•; thence North 13=56' Wat aiongthe Westerly line of said Outlet "A" 35.18 feet; chence South 68°29'33• Eat to the &uth line of said Outlet "'A• 93-14 feet; thence W~t along :said South line 78.19 feet' t= cl::e Poi.it ofB~ginn.i::tg. ~ ~ g; OUTLOT "A" er ! ~ i? ~ "''" ill --....:~,.,. "'N li~z ~ -....... N ~ ~ ?ll.19" SW Coen!!!' WestZ&lS Out10: ",i," ;s ~~'\ ToddD.Brorucn Llcemcd Profcs.sional S"""'Yor No. 45494 '\ \ \. Date: March 18, 2003 To: Honorable Mayor and City Commissioners From: Ric Scott #~- RE: 72" Lawn Mower Purchase SUMMARY OF REQUEST: To purchase a new 72" riding lawn mower for the Cemetery Department to replace an older mower FINANCIAL IMPACT: $12,675.57 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmative Action 231/724-6703 FAX/722-121,t AssC1or 23 l /724-6708 FAX/726-5181 Cemetery 231/724-6783 FAX/726-5617 Civil Service 231/724-6716 FAX/724-4405 West MfchJgan's Shm'Cllne City Clerk 23 l/724-6705 FAX/724-4178 Comm. & Neigh. Date: March 18 , 2003 Services 231/724-6717 To: Honorable Mayor ~ d City Commissioners FAX/726-2501 From: Ric Scott / ~ Engineering 231/724-6707 Re: 72 " Lawn Mower Purchase FAX/727-6904 Finance The 72" riding lawn mower used in the Cemetery 231/724-6713 Department is old and in need of replacement. Staff has FAX/724-6768 demoed several mowers, but would like to stay with the Fire Dept. current mower , a 72" 345 Groundsmaster Toro riding 231 /724-6792 FAX/724-6985 mower. This is the mower that has been used in both the Income Tux Parks and Cemeteries for many years. 231/724-6770 FAX/724-6768 Under the state-purchasing contract, we can purchase the mower for $12 , 675.57 . The other mower under Info. Systems 231/724-6744 consideration was the John Deere mower, but it would FAX/722-4301 cost mower $13 , 000 . Leisure Service 231/724-6704 I would ask that the commission authorize the purchase FAX/724-1196 of the Toro Groundsmaster for $12,675.57 from Spartan Manager's Office Distributors under the State-purchasing contract. 2311724-6 724 Spartan Distributors is located in Sparta , Michigan. FAX/722-1214 They are the sole source for Toro equipment on this side Mayor's Office of the state. 231/724-6701 FAX/722-1214 Thank you for your consideration. Inspection Ser vices 231/724-6715 FAX/726-250 I Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231/724-6750 FAX/722-5 140 Public Works 231/724-4100 FAX/722-4188 Treasurer 23 1/724-6720 F AX/724-6768 Water Billing Dept, 23 1/724-6718 F AX/724-6768 Water FIitration 231/724-4!06 FAX/755-5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Finance Director RE: General Employees' Pension Ordinance Change SUMMARY OF REQUEST: Previously, the City Commission approved a set of 2003 salary and benefit changes for non-union employees. One of the changes was to allow retiring employees a new benefit option of receiving a lump-sum payment of their contributions at retirement. This payment is actuarially neutral to the plan since the lump-sum payment is offset by lower monthly benefit payments to the retiree. The benefit is the same as one currently available to police and fire retirees. This request is to modify the General Employees' pension ordinance to reflect this previously approved change. FINANCIAL IMPACT: Cost of ordinance publication. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the attached pension ordinance amendment. COMMITTEE RECOMMENDATION: There is no committee recommendation for this item. 9/18/97 PARMENTER O'TOOLE Allomeys al Law 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786 Phone 231 .722.1621 • Fax 231 .722.7866 or 231 .728.2206 www.Parmenterlaw.com March 6, 2003 Mr. Timothy Paul Finance Director City of Muskegon 933 Te1rnce P.O. Box 536 Muskegon, MI49443-0536 Re: City of Muskegon- General Employees Retirement System Dear Mr. Paul: Enclosed is a proposed Ordinance to present to the City Commission in two weeks in the above- referenced matter. John C. Schrier Direct: 231-722-5401 Fax: 231-728-2206 E-mail Address: j cs@parmenterlaw.com Jey Enclosure G:\EDSI\FILES\00100\0085\LTR\AS9887.DOC City of Muskegon Muskegon County, Michigan ORDINANCE NO. __liQ_O The City Commission of the City of Muskegon hereby ORDAINS: Chapter 62 of the Code of Ordinances of the City of Muskegon concerning the General Employees Retirement System is amended, as follows: 1. Section 62-102 shall be amended to read, as follows: Refund of Member's Accumulated Contributions: (a) Except as otherwise provided in this ordinance, a person who ceases to be a member for any reason except retirement or death, prior to satisfying the age and service requirements for retirement provided in section 5.1, shall be paid his/her accumulated contributions upon written request filed with the Board of Trustees. Employees covered by the collective bargaining agreement between the City of Muskegon and the City of Muskegon Clerical/Technical Employees, who have not become vested, shall be entitled to interest on his/her contributions at the rate of 5% per year, if the employee withdraws the member's accumulated contributions. (b) If a person dies and no pension becomes or will become payable by the retirement system on account of the death, the deceased person's accumulated contributions shall be paid to such person or persons as the deceased person shall have nominated by written designation duly executed and filed with the Board of Trustees. If there be no such designated person surviving the deceased person, the accumulated contributions shall be paid to the deceased person's estate. (c) In the event a retirant and his option A or option B beneficiary, if any, die before they have been paid an aggregate amount to pension equal to his accumulated contributions standing to his credit in the reserve for employee contributions at the time of his retirement, the difference between his accumulated contributions and the aggregate amount of pension paid shall be paid to such person or persons as he shall have nominated by written designations duly executed and filed with the board. If there be no such designated person surviving the retirant and his option A or option B beneficiary such difference shall be paid to the legal representative of the last to die of the retirant and his option A or option B beneficiary. (d) Payment of accumulated contributions, as provided in this section, may be made in a single sum or installments, according to such rules as the Board of Trustees may, from time- to-time, adopt. G:\EDS!\FILES\00100\0085\ORDJN\AR8504.DOC 2. Section 62-166 shall be amended to read as follows: Optional Form of Payment: Section 62-166. A retiring person may elect to be paid under one of the following optional forms of payment in lieu of the level straight life form of payment. The election must be in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under option A and option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. Option A-100% Survivor Pension: Under option A a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death the reduced pension shall be continued throughout the future lifetime of and paid to such person, having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. Option B-50% Survivor Pension: Under option Ba retirant shall be paid a reduced pension for life with the provision that upon the retirant's death one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person, having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. Option C-Social Security Coordinated Pension: Under option C a retirant shall be paid an increased pension to attai11111ent of age sixty-five (65) years and a reduced pension thereafter. The increased pension paid to attainment of age sixty-five (65) years shall approximate the sum of the reduced pension payable thereafter and the retirant's estimated social security primary insurance amount. Option D-Pension For Ten Years Certain and Life Thereafter: Under option E, a retirant shall receive a reduced pension payable throughout his life with the provision that ifhe dies before he has received one hundred twenty (120) monthly pension payments the payments shall be continued for the remainder of the period of one hundred twenty (120) months to such person or persons as the retirant shall have nominated by written designation duly executed and filed with the board of trustees. If there be no such person or persons surviving the said retirant such remaining monthly pension payments shall be paid to the retirant's legal representative. Option E-Annuity Withdrawal for Non-Union Employees. Effective January 1, 2003, a non-union member, who retires pursuant to Section 5.1, Section 5.2 or Section 5.3 of the General Employees Retirement System Ordinance, may elect to be paid a refund of all or part of the accumulated contributions standing to the member's credit in the reserve for employee contributions at the effective date of retirement. A member who terminates G:\EDSI\FILES\00100\0085\ORDlN\AR8504.DOC City employment with a pension, payable pursuant to Section 5.3 of the General Employees Retirement System Ordinance, may elect to be paid a refund of all or part of the member's accumulated conttibutions on the effective date of retirement. Provided, however, that any member who withdraws accumulated contributions prior to the effective date of retirement shall forfeit any right to a pension. Upon election of this refund provision, the retiree's straight life pension shall be reduced by an amount, which is actuarial equivalent to the refunded accumulated contributions. The actuarial equivalent amount shall be computed on the basis of the mortality table, adopted by the Board of Trustees, and the interest rate, published monthly by the Pension Benefit Guaranty Corporation for use in converting a series of monthly annuity payments into a lump sum value in effect at the date of retirement. The retiring member may elect, pursuant to Section 7 .1, option (a) or (b) in conjunction with the refund provision of this paragraph. This ordinance adopted: Ayes: Warmington. Buie. Gawron. Larson, Scbweifler, Shepherd, Spatarc Nays:_ __._,."-'-U..,___ _ __ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ Adoption Date: March 2 5, 2003 Effective Date: Apr i 1 · 1 0, 2 0 0 3 First Reading: March 25, 2003 Second Reading: _ _ _ _ _ _ _ _ __ _ _ CITY OF MUSKEGON By: ~ Gail A. Kundinger, MMC City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 25th day of Mar ch , 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 G:\EDSI\FILES\00100\0085\ORDIN\AR8504.DOC Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: ~M-a~ ~-cb~2~ _ 5"---a- ' 2L , Gail A. Kundinger, MMC Clerk, City of Muskegon r Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption. G:\EDSIIFILESI00100\0085\0RDIN\AR8504.DOC I, CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on March 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 62-102 shall be amended to clarify payment methods on employee contributions for non-vested employees. 2. Section 62-166 shall be amended to permit a withdrawal of contributions by non- union employees with a corresponding decrease of monthly pension benefits. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Te1Tace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. CITY OF MUSKEGO~ / Published March 31 , 2003 By &fl_~qw Gail A. Kundinger, MMC, Its ClerkO --------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. G:IEDSI\FILES\0010010085\0RDINIAR8504.DOC AGENDA ITEM NO. ;;>-.003 - d--lp } } CITY COMMISSION MEETING TO: Honorable Mayor and City Commission FROM: Depaitment of Public Works DATE: March I 9, 2003 SUBJECT: Aggregates, Highway Maintenance Materials and Concrete SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid Dustlayer, Inc. Award bid to supply bituminous asphalt product to Asphalt Paving, Inc. Award bid to supply sylvax-patching material to Rieth-Riley Construction Co., Inc. Award bid to supply HI and H2 limestone chip blend to Verplank Trucking Company. Award bid to supply road slag to Verplank Trucking Company. Award bid to supply concrete to Consumers Concrete Inc., contingent upon product availability, timely deliveries, and prices as quoted. FINANCIAL IMPACT: $ I 51 ,394 based on 2002 quantities at 2003 quotes. BUDGET ACTION REQUIRED: None; monies appropriated in several budgets. STAFF RECOMMENDATION: COMMITTEE RECOMMENDATION: Affirmative Action (231)724-6703 FAX: (231)722-1214 Assessor/Equaliza ti"'" (231)724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6783 FAX: (231)726-5617 City Manager (231)724-6724 FAX: (231)722-1214 West Michigan's Shol'elhie City Civil Service (231)724-6716 FAX: (231 )724-4405 Clerk To: The City Commission Through The City Manager (231)724-6705 FAX: (231)724-4178 From: Robert H. Kuhn, Public Works Director Community and Date: March 19, 2003 Neigh, Services Subject: 2003 Aggregates, Highway Maintenance Materials, and Concrete (231)724-6717 FAX: (231)726-2501 Computer Info. Systems Requests for bids to provide road maintenance materials were solicited in The Chronicle (231)724-6744 and from known vendors. It is recommended that the vendor in bold print supply Public FAX: (231)722-4301 Works with product as needed in 2003. Moneys have been appropriated for these Engineering Dept. (231)724-6707 purchases. FAX: (231)727-6904 Finance Dept. 85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2002) (231)724-6713 Liquid Dustlayer, Inc. $0.39 per gallon, spread FAX: (231)724-6768 Adams Trucking, Pentwater $0.60 per gallon, spread Fire Department (231)724-6792 Adams Trucking, Pentwater $0.55 per gallon, stored FAX: (231)724-6985 Income Tax 15,000 gallons Calcium Chloride 32% (winter salting) ($0.34 in 2002) (231)724-6770 Liquid Dustlayer Inc. $0.32 per gallon, stored FAX: (231)724-6768 I nspectlon Services 200 ton Bituminous Asphalt 4:12, Base ($35.00 in 2002) (231)724-6715 FAX: (231)728-4371 Asphalt Paving, Inc. $35.00 per ton, picked up Leisure Services (231 )724-6704 1,000 ton Bituminous Asphalt 4:12, Top ($35.00 in 2002) FAX: (231)724-1196 Asphalt Paving, Inc. $35.00 per ton, picked up Mayor's Office (231)724-6701 FAX: (231)722-1214 15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion) Planning/Zoning ($0.78 in 2002) (231)724-6702 No bid FAX: (231)724-6790 Police Deptartment 500 ton Sylvax Patching Material, UPM-CP-7 ($58.75 in 2002) (231)724-6750 FAX: (231)722-5140 Rieth-Riley Construction Co. $58.00 per ton, delivered Asphalt Paving, Inc. $62. 75 per ton, delivered Public Works Dept. (231)724-4100 FAX: (231)722-4188 500 ton HI Limestone Chip Blend ($9.88 in 2001) Treasurer's Office Verplank Trucking Co. $10.34 per ton, delivered (231 )724-6720 FAX: (231)724-6768 Stoneco Muskegon Dock $10.89 per ton, delivered Stoneco Muskegon Dock $9.69 per ton, picked up Water Billing Dept, (231)724-6718 FAX: (231)724-6768 500 ton H2 Limestone Chip Blend ($9.88 in 2001) Water Filtration Verplank Trucking Co. $11.86 per ton, delivered (231)724-4106 FAX: (231)755-5290 Department of Public Works & Utilities, 1350 E. Keating Street, Muskegon, MI 49441 www.shorelinecity.com 2003 Aggregates, Highway Maintenance Materials, and Concrete Page 2 March 19, 2003 9,000 ton Road Slag 22-A Natural ($8.65 in 2002) Verplank Trucking Co. $8.94 per ton, delivered Meekhofs Lakeside Dock $9.45 per ton, delivered Stoneeo Muskegon Dock $9.89, delivered Concrete mix as needed (7 Sack Mix $65.76* in 2002) Consumers Concrete $64.00 per cubic yard, 7 Sack Mix, delivered* High Grade Concrete Prod. $75.18 per cubic yard, 7 Sack Mix, delivered Port City Redi-Mix $74.00 per cubic yard, 7 Sack Mix, delivered *Contingent upon product availability, timely deliveries, and prices as quoted. Year 2002 Purchases Calcium Chloride 38% (road brine) Year 2002 purchase 81,127 gal X $0.39 = $31,640 Year 2003 bid 81,127 gal X $0.39 = $31,640 Calcium Chloride 32% (road brine) Year 2002 purchase 9,039 gal X $0.34 = $3,073 Year 2003 bid 9,039 gal X $0.32 = $2,892 200 ton Bituminous Asphalt 4: 12, Base Year 2002 grand total 154.73 ton= $5,393 Year 2002 purchase 131.62 ton X $35.00 = $4,607 Year 2002 purchase 23.11 ton X $34.00 = $786 Year 2003 bid 154.73 ton X $35.00 = $5,416 1,000 ton Bituminous Asphalt 4: 12, Top Year 2002 purchase 419.36 ton X $35.00 = $14,678 Year 2003 bid 419.36 ton X $35.00 = $14,678 15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion) Year 2002 grand total 8,925 gal= $4,2151 Year 2002 purchase O gal X $0. 78 Year 2002 purchase 7,448.50 gal X $0.471 = $3,508 (from MCRC) Year 2002 purchase 1,476.92 gal X $0.510 = $753 from MCRC) Year 2003 bid none; can purchased from Muskegon County Road Commission 2003 Aggregates, Highway Maintenance Materials, and Concrete Page 3 March 19, 2003 500 ton Sylvax Patching Material, UPM-CP- 7 Year 2002 purchase 201.12 ton X $58. 75 = $11,816 Year 2003 bid 201.12 ton X $58.00 = $11,665 500 ton HI Limestone Chip Blend Year 2002 purchase O ton X $9.88 Year 2003 bid 500 ton X $10.34 = $5,170 500 ton H2 Limestone Chip Blend Year 2002 purchase O ton X $9.88 = $0 Year 2003 bid 500 ton X $11.86 = $5,930 9,000 ton Road Slag 22-A Natural Year 2002 purchase 3,688.81 ton X $8.65 = $31,908 Year 2003 bid 3,688.81 ton X $8.94 = $32,978 Concrete mix as needed (various densities utilized; 7 Sack Mix predominate) Year 2002 grand total 558.75 yd 7 Sack Mix= $43,974 Year 2002 purchase 32.00 yd 7 Sack Mix X $65. 76* = $2, I 04 Year 2002 purchase 2.00 yd 7 Sack Mix X $76.00 = $152.00 Year 2002 purchase 524. 75 yd 7 Sack Mix X $79.50 = $41,718 Year 2003 bid 558.75 yd 7 Sack Mix X $64.00* = $35,760 *Contingent upon product availability, timely deliveries, and prices as quoted. pmb (D/Bids/2003 Agg .. Comm Ltr) Date: 03/14/03 To: Honorable Mayor and City Commission From: Brett Kraley, Equipment Supervisor DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase one sewer inspection truck. FINANCIAL IMPACT: Total Cost $99,214.75. BUDGET ACTION REQUIRED: None. There was $176,000 budgeted for this purchase. STAFF RECOMMENDATION: Approve purchase of one sewer inspection truck from UEMSI. Memorandum To: Robert Kuhn From: Brett Kraley Date: 03/11/03 Re: Pipeline Inspection Truck The Equipment Division has been evaluating pipeline inspection equipment for the past several months looking for a replacement for our 1993 model. The Sewer Department spent several days operating each of the four leading camera manufacturer's equipment. After comparing cost and functionality, we have decided on equipment from U.E.S.M.I. The responsible bidders for this purchase were Pearpoint Inc. from Thousand Palms California, Aries Industries from Sussex Wisconsin, Cues from Orlando Florida, and U.E.S.M.I from Menomonee Wisconsin. (See Attachment) I recommend that we purchase the truck from U.E.M. S.I as they have proven to have the highest quality equipment at the lowest cost to the city. 1 Equipment Purchase - 2003 UESMI Cues Aries 5560 Williams Pl 3600 Vista Ave 22641 Main St T~Qe of Vehicle Menomonee Wi 53051 Orlando Fl 32805 Sussex Wi 53089 Sewer Inspection $99,514.75 $115,248.00 $121,000.00 Truck i I I ' Pear~oint 72055 Cor~orate Way_ Thousand Palms Ca 9227E $159,000.00 Date: 03/17/03 To: Honorable Mayor and City Commission From: Brett Kraley, Equipment Supervisor DPW RE: Video Systems SUMMARY OF REQUEST: Approval to purchase new video systems for police cruisers. FINANCIAL IMPACT: Cost per unit $5825.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase of new video systems for police cruisers. Memorandum To: Robert Kuhn From: Brett Kraley Date: 03/11/03 Re: Video Systems The in-car video systems that we are currently using have begun costing us a great deal of time and money to keep operational. These systems have been in service for a full six years of continuous 24-hour operation and are in need of replacing. We would like to begin replacing these units with state-of-the-art Digital Eyewitness system from Kustom Signal. These units will interface with the radar and siren configuration we are currently using, saving us time and money. The only responsible vendor for this purchase is Kustom Signal from Lenexa, Kansas. The Michigan State Police are switching over to the same systems and are currently in negotiations with Kustom Signal to get these systems on the State of Michigan Purchasing contract. I have a letter from Kustom Signal that guarantees us this pricing regardless of when we make our purchase. I expect we will need to purchase five new systems this year and the remaining fifteen as needed for the next two years. Therefore, I recommend that we begin the process of replacing our current video systems with the Digital Eyewitness system from Kustom Signal. 1 MUSKEGON POLICE DEPARTMENT ()Uta °' de ~ MEMORANDUM TO: Mr. Brett Kraley Department of Public Works FROM: Anthony L. Kleibecker Chief of Police DATE: March 18, 2003 SUBJECT: In-car Video Cameras As you are well aware, we have been having increasing problems with the video systems in our police cruisers. It is apparent to us that the primary reason for this is the age of the systems. Most of the video systems are in the five-plus year range and quite simply, are wearing out. We have previously discussed digital technology. During the Michigan Chiefs Winter Conference, Kustom Systems had on display a digital system. I am aware that this system is being field tested in Westland and that the results to date have been positive. The digital system offers a number of features that would be of benefit to us. These include better video and audio quality, the ability to use a compact disc, and greater storage capacity. The ability to use a compact disc would aid us with weather-related problems and greatly reduce the cost of purchasing videotapes. From our research, this system seems to be the answer to our current technical problems and will save us money in the long run. If you have any questions or would like to discuss this further, please don't hesitate to contact me. Thank you. AGENDA ITEM NO. - -- - -- CITY COMMISSION MEETING 3/19/03 To: Honorable Mayor and City Commissioners From: Lee J. Slaughter, Assistant City Manager Date: March 19, 2003 Re: City Commission Vision, Value and Mission Statements Prioritized List of Projects and Programs for 2003 - 2004 SUMMARY OF REQUEST To approve the attached document outlining the Commission Vision, Value and Mission Statements. Also, to approve the attached Prioritized List of Projects/Programs as identified by the Commission at their February 20, 2003, Strategic Planning session. FINANCIAL IMPACT None at this time. BUDGET ACTION REQUIRED None. STAFF RECOMMENDATION Recommend approval. VISION MUSKEGON, THE PREMIER SHORELINE CITY OF WEST MICHIGAN. VALUES PROVIDE ALL SERVICES IN A PROFESSIONAL, ETHICAL, COURTEOUS AND COST-EFFECTIVE MANNER. MISSION TO IMPROVE THE QUALITY OF LIFE FOR THE CITIZENS OF MUSKEGON THROUGH STEWARDSHIP OF RESOURCES, EXCELLENT SERVICE AND LEADERSHIP FOR THE GREATER COMMUNITY. • Take Leadership Responsibility for Improving Race Relations and Diversity. • Foster Opportunities for City Youth. • Promote Economic Stability, diverse Economic Growth, and Redevelopment. • Sustain the Natural, Cultural, and Recreational Resources of the Community. • Foster Strong Ties Among Governments & Community Agencies. • Develop and Maintain City Infrastructure and Facilities. • Maintain and Enhance the Neighborhoods of the City. CITY COMMISSION MAJOR PROJECTS/PROGRAMS PRIORITIZED LIST (2003-2004) l0DOTS • BLIGHT FIGHT 4DOTS • DOWNTOWN DEVELOPMENT • CONSUMERS ENERGY PROPERTY DEVELOPMENT- SPORTS COMPLEX • FISHERMAN'S LANDING SWAP • FARMER'S MARKET-RELOCATION 3DOTS • IMAGE (PERCEIVED) • SMARTZONE/MUSKEGON LAKEFRONT LLC • CROSS LAKE FERRY • WATER MAINS/SEWERS/STREETS • MALL REDEVELOPMENT • SEAWAY INDUSTRIAL PARK 2DOTS • YOUTH ISSUES • USER-FRIENDLY CITY HALL & SERVICES (FRONT LINE STAFF DEVELOPMENT) • EMPLOYEE RELATIONS • SINGLE-FAMILY HOUSING DEV. - QUALITY HOUSING • CITY/SCHOOL PARTNERSHIP-JOB DEV. lDOT • SHORELINE DRIVE • LAKESHOREPATHWAY • WESTERN AVENUE REDEVELOPMENT 0DOTS • GIS IMAGING- INFORMATION SYSTEMS • GETTY STREET DEVELOPMENT • HARTSHORN MARINA IMPROVEMNT • COMMUNITY RELATIONS/PUBLIC RELA. • NEW CENTRAL FIRE STATION • COMMUNITY CENTER(S) • REGIONAL COOPERATION • STREET/SPECIAL ASSESSMENT • STORM WATER UTILITY SYSTEM • PARKING RAMP • HIST. RESTORATION PRESERVATION • MUSKEGON AREA PLAN • MARQUETTE & GETTY Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Davis St. Laketon Ave. to Southern Ave. SUMMARY OF REQUEST: The Davis St., Laketon Ave. to Southern Ave. contract be awarded to Asphalt Paving, Inc. of Muskegon, Ml. Asphalt Paving, Inc.was the lowest, see attached bid tabulation, responsible bidder with a bid price of $119,021.32. FINANCIAL IMPACT: The construction cost of $119,021.32 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Asphalt Paving, Inc. COMMITTEE RECOMMENDATION: H-1563, S-580 DAVIS ST., LAKETON AVE. TO SOUTHERN AVE. BID TABULATION 03/18/03 CONTRACTOR KAMMINGA & ROOOVOETS ASPHALT PAVING, INC PRINCE BRIDGE & MAR!NE ADDRESS 3435 BROADMOOR SE 100 E SHERMAN BLVD PO BOX 510 CITY/ST/ZIP GRAND RAPDS, Ml 49512 MUSKEGON,M/49444 GRAND HAVEN, Ml 49417 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PR/CE UNIT PRICE TOTAL PRICE 1 ADJUST MANHOLE CASTING 17 EACH $350.00 $5,950.00 $460.00 $7,820.00 $600.00 $10,200.00 2 ADJUST WATER VALVE CASTING 6 EACH $330.00 $1,980.00 $450.00 $2,700.00 $175.00 $1,050.00 3 AGGREGATE BASE COURSE, 22A 6" COMPACTED 151 SQ. YD. $6.00 $906.00 $6.00 $906.00 $12.00 $1,812.00 4 AGGREGATE PREPRATORY WORK 15.91 STA. $1,000.00 $15,910.00 $350.00 $5,568.50 $950.00 $15,114.50 5 BIT LEVELING MIX 3C 111> 165#/ SYD 542 TON $43.00 $23,306.00 $40.19 $21,782.98 $42.25 $22,899.50 6 BIT TOP MIX 4C POLYMER MOD.ASPHALT 111> 220# /SYD 757 TON $44.00 $33,308.00 $46.62 $35,291.34 $43.60 $33,005.20 7 CONCRETE CURB AND GUTTER F-4 MOD. 10 LIN. FT. $15.00 $150.00 $30.00 $300.00 $25.00 $250.00 8 CONCRETE SIDEWALK, 4" 325 SQ. FT. $2.25 $731.25 $3.00 $975.00 $3.50 $1,137.50 9 MANHOLE CASTING E.J. # 1000 OR EQUAL 16 EACH $400.00 $6,400.00 $450.00 $7,200.00 $350.00 $5,600.00 10 MANHOLE IDROPI 4' DIA. 1O' TO 16' DEEP 1 EACH $2,000.00 $2,000.00 $2,400.00 $2,400.00 $2,500.00 $2,500.00 11 PAVEMENT MARKING WATERBORNE 4" YELLOW 400 LIN.FT. $1.00 $400.00 $3.00 $1,200.00 $1.00 $400.00 12 REMOVING BIT SURFACE 2.5" TO 3.5" BY COLD MILLING 15.91 STA. $650.00 $10,341.50 $655.00 $10,421.05 $625.00 $9,943.75 13 REMOVING CONCRETE CURB 72 LIN.FT. $5.00 $360.00 $9.60 $691.20 $10.00 $720.00 14 REMOVING CONCRETE CURB & GUTTER 10 LIN.FT. $5.00 $50.00 $9.80 $98.00 $15.00 $150.00 15 REMOVING CONCRETE SIDEWALK 305 SQ.FT. $2.00 $610.00 $3.05 $930.25 $10.00 $3,050.00 16 REMOVING SANITARY MANHOLE 1 EACH $300.00 $300.00 $600.00 $600.00 $1,500.00 $1,500.00 17 SAND REFILL 400 CYD $7.00 $2,800.00 $7.25 $2,900.00 $8.00 $3,200.00 18 SANITARY SEWER REPAIR SOR 3510" PVC. 73 LIN. FT. $125.00 $9,125.00 $47.00 $3,431.00 $55.00 $4,015.00 19 SANITARY SEWER REPAIR SDR 35 6" PVC 20 LIN. FT. $100.00 $2,000.00 $44.00 $880.00 $30.00 $600.00 20 SANITARY SEWER REPAIR SOR 35 8" PVC. 41 LIN. FT. $105.00 $4,305.00 $46.00 $1,886.00 $35.00 $1,435.00 21 SANITARY SEWER WYE 10"X6" SOR 35 1 EACH $225.00 $225.00 $195.00 $195.00 $370.00 $370.00 22 SANITARY SEWER WYE 8"X6" SOR 35 1 EACH $215.00 $215.00 $195.00 $195.00 $310.00 $310.00 23 TAFFIC CONTROL 1 LUMP $0.00 $10,650.00 $10,650.00 $4,000.00 $4,000.00 TOTALS $121,372.75 $_119,021.32 $123,262.45 -12- ~oo3 .;.t~ovJ Commission Meeting Date: March 25, 2003 Date: March 17, 2003 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request for an Industrial Facilities Exemption Certificate - Adac Plastics, Inc. SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Adac Plastics, Inc., 1801 Keating Avenue, Muskegon, Michigan, has requested the issuance of an Industrial Facilities Exemption Certificate. The total capital investment for this project is $2,876,776 in personal property and will create 25 new employment opportunities. This request qualifies Adac Plastics, Inc. for a 9-year exemption personal property. Adac Plastics current workforce is 235. FINANCIAL IMPACT: The City will capture certain additional property taxes and income taxes generated by the expansion (see attached Summary Sheet). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for a term of nine (9) years for personal property. COMMITTEE RECOMMENDATION: None 3/17/2003 City of Muskegon Industrial Facilities Exemption Application Summary Sheet Project Summary: ADAC PLASTICS, INC., an existing manufacturing company located at 1801 Keating Avenue, Muskegon, Michigan, is installing new machinery and equipment to expand its present operation. The company is a manufacturer of engineered products, primarily for the automotive industry. Due to the fact that the company is investing $2,876,776 , in personal property and is creating 25 new employment opportunities, it is eligible for a nine (9) year exemption for personal property. Employment Information: Racial Characteristics: White 155 (66%) Minority 80 (34%) Total 235 Gender Characteristics: Male 85 (36%) Female 150 (64%) Total 235 Total No. of Anticipated New Jobs: 25 Investment Information: Real Property: $-0- Personal Property $2,876,776 Total: $2,876,776 Property Tax Information (Annual) All Jurisdictions City Only Total New Taxes Generated $81,413 $14,384 Value of Abatement $40,706 $ 7,192 Total New Taxes Collected $40,706 $ 7,192 Income Tax Information: (Annual) Total Additional Income Tax Generated: $6,240 Company Requirements: Adopted Affirmative Action Policy if Yes D No Meeting w/ City Affirmative Action Director ~ Yes D No Signed Tax Abatement Contract i;;r Yes D No Taxes Paid In Full ~ Yes D No Zoning Conflicts • Yes B"" No Lonna nguilm Assistant Planner Affirmative Action Director Michigan C'•Jpartrnent of Treasury, STC 1012 (Re~. e:'•9a} L-4380 APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE This form is issued as provided by P.A. 198 of 1974, as amended. Section references on this form are to specific sections of the act that ,xplain or require the data. Filing of this form is voluntary. The application should be filed after the district is established and no ,terthan (within) six months after the commencement of the project. This project will not receive tax benefits until approved by the State Tax Commission. INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and the required attachments (five complete sets) with the clerk ol the local government unit. (The State Tax Commission requires four complete sets (one original and three copies)). One copy is retained by the clerk. TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION Signature Application No. Date Received Date Received l Written Agreement? Appficant do not write above this line Begin entries at 1 below. OvEs • No 1a. Applicant (Company) Name (Applicant must be the occupanVoperator of the facllily) b. Standard Industrial Classification Code (Sec. 2(10)) ADAC PLASTICS, INC. Four Digit Code KW 3 I 0 I 8 I 9 c. Company Mailing Address (No. and Street, P.O. Box, City, State, ZIP) First time applicants attach copy of Worker's 5920 TAHOE DRIVE SE PO BOX 888375 GRAND RAPIDS, MI 49588-8375 Compensation policy displaylng workers codes d. Location ol Facility (No. and Street, City, State, ZtP) (Attach legal Description) e. City/TwpNillage f. County 1801 KEATING AVE MUSKEGON MI 49442 CITY OF MUSKEGON MUSKEGON 2. Type of Approval Requested ' 3. School District Where Facility is localed a. School Code (3 NEW (SEC. 2(4)) 0 SPECULATIVE BUILDING (SEC. 3(8)) ORCHARD VIEW 61010 D TRANSFER (of existing certilicate) (1 copy only) 4. How Many Years cl Exemption Requested? (See note in box 19 regarding • REHABILITATION (SEC. 3(1)) 0 RESEARCH and DEVELOPMENT (SEC. 2(9)) 5. Explain Applicant's Principal Type of Business (Delailed description of operations} Inclusion of the words "after completion.") 9 PERSONAL Adac Plastics, Inc. is a manufacturer of engineered rroducts,primarily for the automotive industry. ' 6a. Rehabilitation Applicants Only: General Description and Use of Existing Facilily (Number of buildings, type, size, use, products manufactured, type of research or development.) N/A b. Explain Degree and Type of Obsolescence Affecting Existing Facility. N/A 7. Describe Project for Which Exemption is Sought {Type of Improvements to land, Building; Size of Addition; Personal Property Acquired• Explain New • Used, Transfered lrom Out-of•State, etc.) and Proposed Use of Facility New molding and assembly equipment for new contractual requirements. This facility molds, paints and assembles door handle assemblies for the automotive market. a. a. Cost of land improvements (Itemize) Excluding cost of land $ a. b. Cost of building improvements. (List major types & cost on attachment.) Building permit required (See instructions on page 4, item 4) _. ······•· b. c. Cost of machinery and equipment. (Itemize: month, day & year and total ' on attachment; see instructions on page 4, item 2) -·•······•··· .............. c. 2,876,776 d. Cost of furniture and fixtures. (Itemize: month, day & year on attachment; see instructions on page 4, item 2) ...................................... d. TOTAL PROJECT COST_ ...................................................................................................... $ 2,876,776 r.nntin11e>nn Dr:lnQ? APPLICANT'S CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no ,formation contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial ,-,roperty for which this application is being submitted. It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, inclusive, 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 Industrial Facilities Exemption Certificate by the State Tax Commission. 1s. Name of Person to Contact for Further lnfom,alion William Powers Tille ~J Phone Mgr. Treasury Functi ns (616) 957-0520 Ext. 5529 Mailing Address 5920 Tahoe Drive SE PO Box 888375 Gr and 1l6p'hd s , Ml 495 IB-8375 Type Name of Company Officer John Shape i~ Q'/ J s;gnMll(~-..J . . -- q-. 11ue L <.:f eJ;,t11')..'lf',,,·\ \\'...c~<;,.;<'..e-0 Dale - "3--7- [)-~ LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting application to the State Tax Commission 19. Action Taken DOCUMENTS BEQUIRED D 1. Application plus attachments. (See inst. pg. 4, # 1-7) • ABATEMENT APPROVED FOR Years D D 2. Notice to the public prior to hearing to establish district. 3: Resolution establishing district. Ending December 30, D 4. Notice to taicing authorities prior to hearing to approve (not to exceed 12 years after project completion) application. There are circumstances in which the words "after completion" could D 5. List of taicingauthorities notified. extend the length of the exemption by 2 to 3 years. Please call the D 6. Resolution approving application. Property Tax Division at (517) 373-2408 if a further explanation is D 7. (a) Letter of Agreement (Signed by local unit and needed. applicant) per PA. 334 of 1993. (b) Affidavit of Fees (Bulletin 3, 1/16/98). • DISAPPROVED 20, Name of Local Government Body D D a. 3222 (formerlyT-1044A) (if applicable). 9. Speculative building resolution & affidavits. Date of Action on This Application Attached hereto is a copy of the application and all documents required. Signature of Clerk Date Phone Cleik's Mailing Address City ZIP Code State Tax Commission Rufe Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be acted upon by December 31. A""lications received after October 31 will be acted uoon in the followina vear. Mail completed application and all attachments to: State Tax Commission *Information contained in this application Michigan Department of Treasury and supporting documentation may be P.O. Box 30471 subject to review by the public i f a Lansing, Michigan 48909-7971 Freedom of Information Request is filed. If you have any questions,please call (517) 373-2408or 373-3302. 1012 (page 2) 9. List Time Schedule for Start and Finish of Construction Stages and Equipment Installation. Project dates must be projected and completeJ I within a two year period. (See Instructions, page 4, items 2 and 4.) NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than ' 6 months before this application is filed. Estimate dates when applicable. Begin (M/D/Y) End(M/D/Y) THIS SECTION MUST BE COMPLETED WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements: SEE ATTACHMENTS NOT ACCEPTABLE). Personal Propertv Improvements: 12/6/02 12/5/03 1Oa Are !he Buildings Owned or Leased by 1he Operalor of the Facilily? DOWNED IX] LEASED (Attach copyol lease.) b. Is Applicant Liable for Payment of Ad Valorem Taxes on This Property? lxJ YES • NO c. Are Machinery and Equipment, Furniture and Fixtures Owned or Leased by the Operator of !his Facillly? Ix] OWNED D LEASED (Attach a copvol thetease.J 11. Will the Property for Which This Application is Filed be Included in an: a. State Enterprise Zone or State Renaissance Zone D YES QI NO b. 307 Site Contaminated Property File Number Clerk's Certilication D YES £1 NO 12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. CJ a. Enter total number of employees at site prior to start of project. ...... ......... 259 ············--·"·"··--····· b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? .......... 259 c. Number of new jobs at this site expected to be created within 2 years of project compfetion? ·········•···· 25 13. Has the project caused or will it cause, a relocation of employmentfrom one or more Michigan governmental units to the unit in which the projectis or will be located? a. DYES Ix] I NO b. Number of Jobs Involved in Fadlily Relocation I c. Previous Location of Facility (City. Township, Village) d. Attach a certified copy of the resolution passed by the governmental unit from which employment is to be transferred consenting to the transfer of employment. Date resolution was adopted •........... 14. Rehabilitation applications: Complete a, band c. Attach assessor's statement of valuation for the entire plant rehabilitation district a. SEV of Real Property (Exclude Land) I b. SEV ol Personal Property (Exclude lnvenlory) .I c. Total SEV as of Dec. 31, 19_ _ 15a The Facility is Located in the following Type of District Established by the Local Governing Unit: b. Name of Governing Unit that Established District c. Date District was Established Q9 INDUSTRIAL DEVELOPMENT DISTRICT 2/25/97 CITY OF MUSKEGON Attach certified copy of resolution D PLANT REHABILITATION DISTRICT and drawing of district NOTICE AFTER DEC. 31, 1983: Section 9(2)(b) provides !hat a written request (Dale stamped by local uni!) to establish !he distlicl MUST be liled prior to !he commencement of any Improvements or construction. Please furnish a copy of the written request. 16a. Is This Application for a Speculative Building (Sec. 3(8))? Q9 NO- Goto 17below 0 YES • Complete b, c and d b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c. Dale of Resolu!ion (Attach copy) d. Date of Construction Commenced (See page 4, item 4) e. Attach a Certified statement from the building owner and assessor that the building has not been occupied since completion of construction. (See page 4, item 13.) 0 Owner D Assessor ., 17 . Complete this seclton 1f appllcatton JS for a replacement fac1hty which will not be located on the same site or contiguous to the obsolete fac1hty . .. The obsolete facility will be disposed of as follows: CnntinlIA nn P:::mp '1 Resolution No. 2003-2 8 (a) MUSKEGON CITY COMMISSION RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE ADAC PLASTICS, INC. WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on February 25, 1997, this Commission by resolution established an Industrial Development District as requested by Adac Plastics, Inc., 1801 Keating AVenue, Muskegon, Michigan 49442;and WHEREAS, Adac Plastics, Inc. has filed an application for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to new machinery and equipment to be installed within said Industrial Development District; and WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on March 10, 2003, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and WHEREAS, the installation of machinery and equipment had not begun earlier than six (6) months before March 25, 2003, the date of the acceptance of the application for the issuance of an Industrial Facilities Tax Exemption Certificate; and WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted. NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon, Michigan that: 1) The Muskegon City Commission finds and determines that the Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Muskegon. 2) The application of Adac Plastics, Inc., for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to installation of new machinery and equipment on the following described parcel of real property situated within the City of Muskegon to wit: See Attachment A 3/10/03 2 3) . The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and effect for a period of nine (9) years on personal property. th Adopted this 25 Day of March 2003 Ayes: 7 Nays: o Absent: o I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held n March 25, 2003. 3/10/03 3 . --" -·-~---- --·-- -----··· ----- ' 001:- WESTSHORE ENGINEERING & C}vfrtNG, INC. §sHORf) 009 CERTIFICATE OF SURVEY iOR: ADAC ATTACHMENT #1 PARCEL • A" PART OF' LOT 15, PLAT orPORT CITY INDUSTRIAL CENTER. AS RECORDED IN USER 18 PLATS, or PACES 31-JJ, MUSKEGON COUNn' RECORDS, CITY OF' MUSKEGON, COUNTY OF MUSKEGON, STATE OF MICHIGAN, DESCRIBED AS FOLLOWS: , COl,OJ(NCE AT THE NORTHE:A.ST CORNt.R OF' SAID LOT 15 FOR 7HE PQ!NT pr BF'CJNN!NG~ THENCE SO\Jlli 01 DECREES 10 MINUTES Ja SECONDS WEST, RECORDED AS (SOUTH 01 DECREES 12 MINUTES JO SECONDS WEST) ALONC .THE EAST LINE or SAID LOT 15, A OISTANCE OF JS.DO • F'EET: THENCE SO\Jlli 86 DECREES 57 MINUTES 07 • SECONDS WEST, A DISTANCE OF JO.J2 FEET: THENCE NORTH 87 DECREES 40 MINUTES 25 SECONDS WEST, A DISTANCE OF 5J2.92 F'EET TO THE WEST LINE OF SAID LOT 15: • THENCE NORTH 01 DEGREES 01 MINUTES •s SECONDS CAST, RECORDED AS (NORTH 01 OECRE:ES 03 MINUTES 06 SECONDS EAST) A DISTANCE OF 441,18 FEET TO THE NORTH LINE OF SAID LOT 15; THENCE SOUTH 89 DECREES <2 MINUTES 20 SECONDS EAST, ALONG SAID LINE, A DISTANCE or 963.22 F"EET TO THE PQINT o, BECINNJNG- SA/0 PARCEL CONTAINS 9,93 ACRES, MORE OR LESS. • SUBJECT TO.= ANO ALL EASEMENTS OR RESERVATIONS or RECORD DR APPARENT THEREOF, CITY OF MUSKEGON CONTRACT FOR TAX ABATEMENT Act 198 Public Acts of 1974 AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933 Ten-ace Street, Muskegon, Michigan 49441, ("City") and ADAC Plastics ("Company"). Recitals: A. The Company has applied to City for the establishment of an industrial development district or industrial rehabilitation district pursuant to the provisions of Act I 98 of the Public Acts of I 97 4, as amended, which act requires a contract between the City and the Company to be agreed and submitted with the Company's subsequent anticipated application for an industrial facilities exemption certificate. B. That in addition to the statutory requirement, the City has determined that it is in the best interests of the taxpayers, property owners and residents of the City that this Agreement be approved and executed prior to the establishment of the requested district, and the City deems this Contract, together with the conditions set forth in the said Act to constitute a necessary element in the City's determination whether or not to create the district. C. The Company intends to install the project set forth in its application ("project") which it believes qualifies for the process of establishing the district and the application for industrial facilities exemption certificate. D. The City, provided this Agreement is executed, will determine whether to create the district based upon the potential for the production of permanent jobs, the continuation, stabilization or increase of economic activity, planning and zoning considerations and the City's general plan and intentions regarding economic development. In addition to the City policy considerations and predictions that the Company's proposed district and certificate benefit the community in those ways, the City has further determined that the contractual commitments made by the Company to thereby assist the community shall be binding on the Company and necessary to continue the tax exemption made possible by the certificate. E. This contract shall become effective upon the issuance of an Industrial Facilities Tax Exemption Certificate. NOW THEREFORE THE PARTIES AGREE: 1. COMPANY AGREEMENT. The Company irrevocably commits to the investment, job retention and job creation promises made in its application, a copy of which is attached hereto and incorporated herein. In particular the Company agrees: 1.1 That 50% percent of the promised new jobs shall be in place with full-time employees on or before August , 2 0 ~ , and 50% percent of the said jobs shall be in place with full time employees on or before March , 20.Qi_ Finally, I 00% of the jobs shall be filled and in existence with full-time employees by a date no Page 1 later than two (2) years from the date of the granting of the ce1tificate by the State Tax Commission, subject to the provisions of section 3.4 of this agreement. 1.2 That the amount of jobs listed on the application, whether new or retained, will be maintained through the life of the abatement, subject to the provisions of section 3.4 of this agreement. 1.3 The Company shall meet the affirmative action goal included in the application or in any documents supplied by the City and utilized by the Company, including any additional representations made to the City Commission on or before the date two (2) years after the granting of the certificate by the State Tax Commission. It shall maintain the said levels of employment diversity during the period of the certificate, subject to the provisions of section 3.4 of this agreement. 1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by the State Tax Commission shall have completed the investment of$ 2 • 9M in the equipment and improvements as shown in the application, subject to the provisions of section 3.4 of this agreement. 1.5 That the improvements and equipment to receive the tax abatement treatment shall be completed on or before the date two (2) years from the date of granting of the ce1tificate by the State Tax Commission. 1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall not delay payments so as to incur any penalties or interest. 1.7 The Company shall folly cooperate with the City representatives in supplying all requested and required documentation regarding jobs, investment, the meeting of all goals and the timely installation and utilization of equipment and improvements. The City shall be entitled to inspect at reasonable hours the Company's premises where the said improvements and equipment have been installed and where the said jobs are performed. 1.8 The Company shall maintain, during the entire period for which the tax abatement is granted, the level of jobs, affirmative action goals, production and utilization of the improvements and equipment at the site where the district has been created and for which the tax exemption has been granted. 1.9 The Company shall not cause or fail to cure the release of any hazardous substance, or the violation of any environmental law on its premises in the City. It shall report any releases to the appropriate governmental authority in a timely and complete manner, and provide copies of said report documentation to the City. It shall comply with all orders and actions of any governmental agency having authority. 1.10 The Company shall maintain the equipment and improvements so as to minimize physical or fnnctional obsolescence. 1.11 The Company shall continue to operate its business location in the City, containing the same number of and type of jobs, for the term of the ce1tificate. Page 2 2. AGREEMENT BY THE CITY. Provided this contract has been executed and further provided all applications to create the district and achieve the industrial facility exemption certificate have been properly filed, the City shall, in a timely manner, detern1ine in a public meeting to whether to create the district and whether to receive, process, and approve thereafter the Company's application for an industrial facilities exemption certificate. The City may consider this contract in a meeting separate from and prior to the meeting in which the City considers the creation of the district and/or approval of the application for certificate. Further, the City shall require the submission of this contract signed by the Company together with its applications, before creating the district. 3. EVENTS OF DEFAULT. The following actions or failures to comply shall be considered events of default by the Company: 3.1 Failure to meet any of the conm1itments set forth above. 3.2 The closing of the Company's facilities in the City. Closing shall mean for purpose of this Agreement, the removal, without transfer to another site within the City of substantially all of the production facilities, and the elimination of substantially all the jobs created or retained thereby, which are set fo1ih in the Company's application. 3.3 Failure to afford to the City the documentation and reporting required. 3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on eqnipment and improvements as represented in the application within the times required hereby, unless the company can show that there has been a loss of revenue and employment due to circumstances beyond the control of the company. In order to make that showing the company shall have the burden of supplying, to the City's satisfaction, complete and convincing documentation supporting and justifying reductions in investment, failures to attain affirmative action goals or job losses, such as, without limitation, written evidence of lost contracts, accounting information showing reduced revenues due to the loss of business, (not due to diversion of production to affiliate companies or divisions of the company), production records showing reduced quantities over significant periods of time, and such other information required by the City to support the Company's claim that the failure to invest, failure to achieve affirmative action goals, or loss of jobs should not form the basis for a finding of default. 3.5 The bankruptcy or insolvency of the Company. 3.6 The failure to pay any and all taxes and assessments levied on the Company's property or any other taxes, local, state or federal, including but not limited to City income taxes and the withholding of said City income taxes from employees as required by the City Income Tax Ordinance. 3.7 The performance or omission of any act which would lead to revocation under MCLA 207.565, being §15 of the Act. Page 3 3.8 The violation of any provisions, promises, commitments, considerations or covenants of this Agreement. 4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City shall have the following remedies which it may invoke without notice, except as may be reasonably required by the Company's rights to due process: 4.1 In the event of closing as determined after investigation of the facts and a public hearing, the Company shall be immediately liable for penalties to be paid forthwith to the city as determined as follows: 4.1.1 The Company shall pay to the City for prorata distribution to the taxing units experiencing the abatement, an amount equal to the difference between the industrial facilities tax which it has paid, and the total property taxes to the relevant taxing units which it would have paid, given its installations of improvements and equipment, during the years for which the certificate was in effect. 4 .1.2 Immediate Revocation. The Company hereby consents to revocation to the IFT certificate before the State Tax Commission, without hearing, and the City shall submit a copy of this Agreement to the State Tax Commission in connection with its revocation procedure, giving notice that the default has occuned and inu11ediate revocation should occur. 4.2 In the event the improvements and equipment have not been installed before the two (2) year period, in addition to the revocation procedures before the State Tax Commission, the abatement should immediately be reduced by the City proportionately, and any installations which have not been finished at the end of said two (2) year period shall not be eligible for the abatement thereafter and shall be placed on the regular tax roll. 4.3 Failure to Expend the Funds Represented. In the event, (whether or not the installations have been completed), the Company has not expended the funds it has represented on its application that it would invest for the installation of equipment, the abatement shall be reduced prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless the company can show, through receipts, etc. that the cost of the equipment was actually less than the amount estimated by the company (i.e., the same equipment was purchased as listed in the IFT application, but the bids came in less then expected). 4.4 Job Creation and Retention. In the event the promised number of jobs have not been created or retained at the end of the two (2) years after the grant of the certificate by the State Tax Commission, the abatement shall be proportionately reduced, unless the company can show that the loss of jobs, or inability to hire as many people as expected, is due to circumstances beyond the control of the company (such as an economic downturn). 4.5 Affirmative Action Goals. In the event, after one (I) year from the grant of the certificate by the State Tax Commission, the affirmative action goals of the City for additional jobs have not been met on a prorata basis, the abatement shall be revoked. Page4 4.6 For other violations of this Agreement or for actions or omissions by the Company amoW1ting to grounds for revocation by statue, the City shall recommend to the State Tax Commission immediate revocation of the certificate. 4.7 Special Assessment. For any amount due to be paid to the City, under this Section 4, the Company consents that the City shall have a personal action against the Company for the said amount, and in addition, cumulatively, and not by election, the City shall have a special assessment lien on all the prope11y of the Company personal and real, located in the City, for the collection of the amounts due as and in the manner of prope1ty taxes and in such case the collection of the said special assessment shall be accomplished by addition by the City to the Company's property tax statement regularly rendered. 5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Michigan applicable to contracts made and to be performed within the State of Michigan. 6. Counterparts. This Agreement may be executed in one or more counterpa11s. Notwithstanding such execution all such counterparts shall constitute one and the same Agreement. 7. Benefit. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and personal representatives. 8. Effective Date. This Agreement shall be effective on the date the State of Michigan Tax Commission grants the company at Industrial Facilities Exemption Certificate. CITY OF MUSKEGO ADAC PLASTICS l By l.(j,JJJ@Jim~=- " "' Its Executive VP/Managing Directo ADAC Door Componen a Secretary/General Counsel ADAC Plastics, Inc. Page 5 Commission Meeting Date: March 25, 2003 Date: March 18, 2003 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Public Hearing concerning 2003 - 2004 CDBG/HOME recommendation and City Commission Preliminary decision. SUMMARY OF REQUEST: To conduct a public hearing concerning the CDBG/HOME 2003-2004 recommendation, submitted by both the administration and the Citizen's District Council. The public hearing is to obtain comments from the public in reference to the 2003-2004 CDBG/HOME allocation funding which is designated to be $1,217,000 and $340,111 respectively, excluding any program income and reprogrammed funding. The Commission is also asked to make their preliminary decision on what items should be funded and at what amounts. The City Commission will be asked to make their final decision on April 8, 2003. FINANCIAL IMPACT: The 2003-2004 allocations will be based on the Commission decision. BUDGET ACTION REQUIRED: None at this time STAFF RECOMMENDATION: To conduct the public hearing and to make preliminary allocation decision. COMMITTEE RECOMMENDATION: The Citizen's District Council recommendations are included with the recommendations submitted by the administration. 2003 - 2004 CDBG / HOME ACTIVITY City Commission Administration Citizen Distsrict Council Preliminary City Commission Organization Name/Program Ti_tl~ Amount Requested Recommendation Recommendation Recommendation Final Decision 1 West Ml Veterans 5,000 5,000 5,000 Veterans Assistance 2 American Red Cross 5,000 5,000 5,000 Senior Transportation 3 Western Ml Legal Services 38,504 10,500 10,500 Counseling/Legat Education 4 Volunteer Muskegon 5,000 5,000 5,000 Mapping 5 Volunteer Muskegon 5,000 5,000 5,000 Keep Kids In School 6 HealthCARE 6,887 6,887 6,887 Health screening to /ow-income 7 Muskegon Community Health Project 5,000 5,000 5,000 "Miles for Smile Dental Services" 8 Pioneer Resources 8,580 0 0 Rec & Leisure for Develop Disabilities 9 Family Service Center 15,000 8,500 8,500 DAD'S Program 1O Bishop Daycare & Learning Center 25,000 0 0 Education Program Expense 11 Youth Outreach 79,900 0 0 Purchase of Building 12 Inspections 155,000 90,000 90,000 Demolition 13 Community and Neighborhood Services 185,000 172,500 172,500 Administration City Commission Administration Citizen Distsrict Council Preliminary City Commission Orqanization_Na_me/Proqram Title Amount Regu_1:~~ted Recommendation -.. Rl:!_c:_omm~_r:t_dati - .. R~comml:!_r:i_cj~Ji,.,- _,.,, .... .., 1:.in~LQ--'-' .. 14 Community and Neighborhood Services 165,000 155,000 155,000 Vinyl Siding Program 15 Community and Neighborhood Services 190,000 185,000 185,000 Emergency Repair Program 16 Community and Neighborhood Services 115,000 115,000 115,000 Rehab SeNice Deliver Program 17 Planning/DPW 50,000 40,000 40,000 Lot Clean up 18 Community and Economic Development 45,000 45,000 45,000 Code Enforcement 19 Community and Economic Development 50,000 30,000 30,000 Fagade 20 Finance 245,000 245,000 245,000 Repayment of Shoreline Dr. Bond Project 21 Depart of Public Works 60,211 50,000 50,000 Senior Transit 23 Engineering/ CNS 50,000 48,500 48,500 Sidewalk Assessment Relief 24 Engineering/ CNS 80,000 70,000 70,000 Street Assessment Relief 25 Leisure Services 77,000 70,000 70,000 General/Inner-City Recreation 26 CNS/Fire 3,500 0 0 Operation "Save Lives" Total CDBG Request'Recommendations 1,669,582 1,366,887 1,366,887 Total CDBG Allocation 1,217,000 1,217,000 1,217,000 Program Income/Reprogram 150,000 150,000 150,000 Total 1,367,000 1,367,000 1,367,000 Allocated/Request Difference $ (452,582) 113 113 City Commission Administration Citizen Distsrict Council Preliminary City Commission Organization Name/Progrg1m Title Am_o_u_11t Requested Recommendation Recommendation Recommendation Fin~I Decision 1 Neighborhood Investment Corp. 130,350 85,000 85,000 Housing Rehab, Neighborhood Imp. 2 Bethany 73,000 55,000 55,000 Housing Rehabilitation 3 Habitat for Humanity 35,000 25,000 25,000 Acquistion 4 Community and Neighborhood Services 80,000 60,000 60,000 Tax-Reverted Infill 5 Community and Neighborhood Services 60,000 50,000 50,000 Tax-reverted Rehabilitation 8 Community and Neighborhood Services 10,000 10,000 10,000 Demo/Won 9 Community and Neighborhood Services 57,000 57,000 57,000 HOME Administration Total Amt of HOME Request 445,350 342,000 342,000 HOME Allocation 320,000 340,111 340,111 Reprogram Funds 20,000 20,000 Total Amt Home Available 320,000 360,111 360,111 Total Amt Difference $ (125,350) 18,111 18,111 Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering ;)..o O 3 .;).. ~ c...) RE: Public Hearing Create Special Assessment District for: Thompson St., Edgewater to Plum SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Thompson St., Edgewater to Plum, 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.- - - - - Resolution At First Hearing Creating Special Assessment District For Thompson St., from Edg<1water to Plum Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 25, 2003 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 25, 2003, there were ___% 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: ]. 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 24.22% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk EXHIBIT A Thompson St., Edgewater to Plum SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Thompson St., Edgewater to Plum / ' / ·1 /.,,. \('(l IX ' y '~ ----· ENGINEERING FEASIBILITY STUDY For Thompson St., Edgewater to Plum The proposed reconstruction of Thompson between Edgewater & Plum was initiated by the City due to the conditions its in. The existing conditions of that section of roadway, we feel, is beyond salvaging. The proposed improvements consists of complete removal of the asphalt including curbs & gutters and using asphalt pavement along with gravel base to construct a new section with curbs & gutters. The proposed improvements will address at least two of the established goals, and they are; • Improve the City's infrastructure • enhance the appearance of that area. A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate for the work associated with paving is approximately $200,000 with the length of the project being approximately 1000 lineal feet or 1364.47 of assessable footage. This translates into an estimated improvement cost of$ I 46 per assessable foot. The assessment figure will be at a cost not to exceed a $35.50 per assessable foot as established in the 2003 Special Assessment for this type of improvement. • MUSKEGON COUNTY 173 E. APPLE AVE, BUii.DiNG 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 Mou!atsiotis Clarence Start March II, 2003 'I Mohammed Al-Shatel, City Engineer City of Muskegon 933 Terrace Street Muskegon, MI 49443 Mr. AI-Shatel: I In accordance with your request, I have examined the proposed special assessment district entailing the reconstruction of Thompson Avenue between Plum Street and Edgewater Street. The purpose of this analysis is to document the reasonableness of this special assessment I 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 March 11, 2003. I 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 I 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 I encompasses primarily residential properties. The front foot rate of$35.50 for the paving of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of$36.49. The conclusions are based upon the data presented within I this limited analysis in restricted format, and on supporting information in my files. I Sincerely, I '\ i \J:.,~ \J_ . ~"'N-l'\.,1--y Vicki A Emery, CMAE 3 Senior Appraiser TDD (231) 722-4103 • An EEO/ ADA I AA Employer recycled paper MARCH 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 1 Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET NOTICE OF HEARING ON SPECIAL ASSESSMENT Dear Property Owner: The Muskegon City Commission is considering whether or not to create a special assessment district which would assess your property for the following paving project: THOMPSON, EDGEWATER TO PLUM The proposed special assessment district will be located as follows: All parcels abutting Thompson. Edgewater to Plum It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 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 $200,000.00 of which approximately 24.22% ($48,438.69) 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, 'l}/[/;;.~~/ 1/-t)l(( 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-1553 THOMPSON, EDGEWATER TO PLUM 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 infom1ation) 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 Homeowncr's Insurance Co: Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staft) ~ OWNER'S SIGNATURE . Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all 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 MARCH 25,2003 Project Title: THOMPSON, EDGEWATER TO PLUM 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 Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 61.5 Feet Estimated Front Foot Cost: $35.50 per Foot ESTIMATED TOTAL COST $2,183.25 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 721 PART OF LOTS 1 & 2 DESCAS COM ON NWL Y LN LOT 2 Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON 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: Clifford St., Miner Ave. to Lakeshore Drive Edgewater St., Thompson Ave. to Wilcox Mann St., Lakeshore Drive to Harrison Ave. Moon St., Lakeshore Drive to Harrison Ave. and Thompson Ave., Plum to Edgewater St. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive • All parcels abutting Edgewater St. from Thompson Ave. to Wilcox • All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Thompson Ave. from Plum to Edgewater St. 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 MARCH 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 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: March 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, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1553 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-721-0002-00 PESTARICKJ ASSESSABLE FEET: 61.5 3235 EDGEWATER ST COST PER FOOT: $35.50 @ 3235.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2. 183.25 1 24-205-721-0003-00 HOLMBERG JOHN E ASSESSABLE FEET: 45 1035 E HILE RD COST PER FOOT: $35.50 @ 3259.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,597.50 1 24-205-721-0004-00 THORN COLLEEN ASSESSABLE FEET: 50 3263 THOMPSON AVE COST PER FOOT: $35.50 @ 3263.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1 24-205-721-0005-00 BOHLAND SUZANNE ASSESSABLE FEET: 50 3269 THOMPSON AVE COST PER FOOT: $35.50 @ 3269.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1 24-205-721-0006-00 FRASIER DAVID/THERESA ASSESSABLE FEET: 50 3277 THOMPSON AVE COST PER FOOT: $35.50 @ 3277.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1 24-205-721-0007-00 HOFFMAN KRISTOPHER J/FRAN ASSESSABLE FEET: 50 3281 THOMPSON AVE COST PER FOOT: $35.50 @ 3281.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,11s.oo 1 3/12/2003 Page 1 of 4 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-721-0008-00 KOHLER JERRY/SARA L ASSESSABLE FEET: 50 15712 LONG VIEW COST PER FOOT: $35.50 @ 3291.0 THOMPSON SPRING LAKE Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0009-00 PAGE LOREN E/GRETCHEN ASSESSABLE FEET: 50 3328 WILCOX COST PER FOOT: $35.50 @ 3295.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0010-00 VANBROCKLIN D/FILIP T ASSESSABLE FEET: 43 8353 WEATHERFORD AVE COST PER FOOT: $35.50 @ 3301.0 THOMPSON BROOKSVILLE FL ESTIMATED P.O. COST: I $1,526.50 1 24-205-721-0011-00 PAGE LOREN E/GRETCHEN A ASSESSABLE FEET: 50 3328 WILCOX COST PER FOOT: $35.50 @ 3305.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-722-0001-00 MUSKEGON YACHT CLUB ASSESSABLE FEET: 40 3198 EDGEWATER ST COST PER FOOT: $35.50 @ 3220.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.00 1 24-205-723-0001-00 MUSKEGON YACHT CLUB ASSESSABLE FEET: 75.57 3198 EDGEWATER ST COST PER FOOT: $35.50 @ 3232.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,682.74 1 24-205-725-0007-00 ZACHARIASON HAROLD ASSESSABLE FEET: 71 1835 EDGEWATER ST COST PER FOOT: $35.50 @ 1835.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,520.50 1 3/12/2003 Page 2 of 4 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-725-0008-00 SCHAUB RODNEY B/MARGARET ASSESSABLE FEET: 66 3232 THOMPSON AVE COST PER FOOT: $35.50 @ 3232.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-725-0009-00 BACKSTROM ARTHUR W/MYRA ASSESSABLE FEET: 50 3244 THOMPSON AVE COST PER FOOT: $35.50 @ 3244.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-725-0010-00 REICHERT BARBARA ASSESSABLE FEET: 100 3256 THOMPSON AVE COST PER FOOT: $35.50 @ 3256.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1 24-205-728-0008-00 DEVRIES KENNETH/CYNTHIA ASSESSABLE FEET: 75 1867 CHERRY ST COST PER FOOT: $35.50 @ 1867.0 CHERRY ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,662.50 1 24-205-728-0009-00 UNITED PENTECOSTAL CHURC ASSESSABLE FEET: 100 3320 THOMPSON AVE COST PER FOOT: $35.50 @ 3320.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1 24-205-728-0009-10 BLAKE TOM/SUSAN ASSESSABLE FEET: 50 3222 PARK PLACE COST PER FOOT: $35.50 @ 3296.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-729-0010-00 POOL GERARD N TRUST ASSESSABLE FEET: 82 3324 THOMPSON AVE COST PER FOOT: $35.50 @ 3324.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,911.00 1 3/12/2003 Page 3 of 4 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-506-001-0001-00 T JAPKES SUE A ASSESSABLE FEET: 79.4 3317 THOMPSON AVE COST PER FOOT: $35.50 @ 3317.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,a1a.10 1 24-506-001-0003-00 TUTTLE CHERYL E ASSESSABLE FEET: 76 3329 THOMPSON AVE COST PER FOOT: $35.50 @ 3329.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,69a.oo 1 SUM OF ASSESSABLE FOOTAGE: 1364.47 SUM OF ESTIMATED P.O. COST: $48,438.69 I TOTAL NUMBER OF ASSESSABLE PARCELS 22.00 3/12/2003 Page 4 of 4 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Thompson, Edgewater to Plum THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 14th DAY OF MARCH, 2003. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAYOF _ _ _ _ _ _ _~2003. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES - - - - - - - - March 21, 2003 Please note that the Muskegon Yacht Club would like additional public parking along Thompson Street adjacent to the club property. We would like parking as close to the property line as can be allowed. The parking can be either angular or parallel. Thank You, J /)_J Q,t.ui-'\~ .f{l'g,- derald W. Gibbs Commodore 1_:,·i - .. t '. c1·1 '/ t.+ ,VU/:ii<.F,:X~,f.! R'.::\ ,;;:-U) tid J\T r)! :uc:1 r ' - :.r •• . , '" ...... · ·sPECIAt ASSESS_MENT .. ,.. ~ '. f-fEARING - t ~ESP.ONSE CARo:·. · - . , .• ·~. I • • - ., ~ ' - . . .. - • - 1 .r _\,J~~_ ESi:.,ON$E COUNTS ·AS "11'.J'F~VOR'' OF PROJECT.;To have your vote count,t>lease. ,, • ... - - I' - •·, J'' ·" ., ·, ii - ,. . - ' ., 3256 THOMPSON AVE '• 2 4-2~;~ ' 725••0010-0• I' 0 .. I • •• I ... , ._ 1o</· · _,,:. Feet'': '· . . .__, I SPECIAL ASSESSMENT H 1553 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-721-0002-00 PESTA RICKJ ASSESSABLE FEET: 61.5 ,J 1) 3235 EDGEWATER ST COST PER FOOT: $35.50 @ 3235.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2, 1s3.25 1 24-205-721-0003-00 HOLMBERG JOHN E ASSESSABLE FEET: 45 JD 1035 E HILE RD COST PER FOOT: $35.50 @ 3259.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,597.50 1 24-205-721-0004-00 THORN COLLEEN ASSESSABLE FEET: 50 ~~ 3263 THOMPSON AVE COST PER FOOT: $35.50 @ 3263.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0005-00 BOHLAND SUZANNE ASSESSABLE FEET: 50 ~o 3269 THOMPSON AVE COST PER FOOT: $35.50 @ 3269.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0006-00 FRASIER DAVID/THERESA 3277 THOMPSON AVE ASSESSABLE FEET: COST PER FOOT: 50 Jo $35.50 @ 3277.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0007-00 HOFFMAN KRISTOPHER J/FRAN ASSESSABLE FEET: 50 tlo 3281 THOMPSON AVE COST PER FOOT: $35.50 @ 3281.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 3/12/2003 Page 1 of 4 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-721-0008-00 KOHLER JERRY/SARA L ASSESSABLE FEET: 50 15712 LONG VIEW COST PER FOOT: $35.50 @ 3291.0 THOMPSON SPRING LAKE Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0009-00 PAGE LOREN E/GRETCHEN ASSESSABLE FEET: 50 )o 3328 WILCOX COST PER FOOT: $35.50 @ 3295.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-721-0010-00 VANBROCKLIN D/FILIP T 8353 WEATHERFORD AVE ASSESSABLE FEET: 43 Jo COST PER FOOT: $35.50 @ 3301.0 THOMPSON BROOKSVILLE FL ESTIMATED P.O. COST: I $1,526.50 1 24-205-721-0011-00 PAGE LOREN E/GRETCHEN A ASSESSABLE FEET: 50 i~ 3328 WILCOX COST PER FOOT: $35.50 @ 3305.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-722-0001-00 @ 3220.0 MUSKEGON YACHT CLUB 3198 EDGEWATER ST EDGEWATER MUSKEGON Ml ASSESSABLE FEET: COST PER FOOT: ESTIMATED P.O. COST: I 40 $35.50 $1,420.00 1 r 24-205-723-0001-00 MUSKEGON YACHT CLUB 3198 EDGEWATER ST ASSESSABLE FEET: COST PER FOOT: 75.57 $35.50 ¥ @ 3232.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,682.74 1 24-205-725-0007-00 ZACHARIASON HAROLD ASSESSABLE FEET: 71 1835 EDGEWATER ST COST PER FOOT: $35.50 @ 1835.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,520.50 1 3/12/2003 Page 2 of 4 RECONSTRUCTION HEARING DA TE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-205-725-0008-00 SCHAUB RODNEY B/MARGARET ASSESSABLE FEET: 66 3232 THOMPSON AVE COST PER FOOT: $35.50 @ 3232.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1 24-205-725-0009-00 BACKSTROM ARTHUR W/MYRA ASSESSABLE FEET: 50 3244 THOMPSON AVE COST PER FOOT: $35.50 @ 3244.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-725-0010-00 REICHERT BARBARA ASSESSABLE FEET: 100 ~b 3256 THOMPSON AVE COST PER FOOT: $35.50 @ 3256.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1 24-205-728-0008-00 DEVRIES KENNETH/CYNTHIA ASSESSABLE FEET: 75 1Sv 1867 CHERRY ST COST PER FOOT: $35.50 @ 1867.0 CHERRY ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,662.50 1 24-205-728-0009-00 UNITED PENTECOSTAL CHURC ASSESSABLE FEET: 100 3320 THOMPSON AVE COST PER FOOT: $35.50 @ 3320.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1 24-205-728-0009-10 BLAKE TOM/SUSAN ASSESSABLE FEET: 50 3222 PARK PLACE COST PER FOOT: $35.50 @ 3296.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1 24-205-729-0010-00 POOL GERARD N TRUST ASSESSABLE FEET: 82 3324 THOMPSON AVE COST PER FOOT: $35.50 @ 3324.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,911.00 1 3/12/2003 Page 3 of 4 RECONSTRUCTION HEARING DATE MARCH 25,2003 THOMPSON, EDGEWATER TO PLUM 24-506-001-0001-00 TJAPKES SUE A ASSESSABLE FEET: 79.4 3317 THOMPSON AVE COST PER FOOT: $35.50 @ 3317.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,818.70 1 24-506-001-0003-00 TUTTLE CHERYLE ASSESSABLE FEET: 76 3329 THOMPSON AVE COST PER FOOT: $35.50 @ 3329.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,698.oo 1 SUM OF ASSESSABLE FOOTAGE: 1364.47 SUM OF ESTIMATED P.O. COST: $48.438.69 I TOTAL NUMBER OF ASSESSABLE PARCELS 22.00 3/12/2003 Page 4 of 4 H-1553 THOMPSON ST., EDGEWATER ST. TO PLUM ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION = e1;BJ;:;EMI8GE LETTER# ST# FOR ST NAME TOTAL NUMBER OF PARCELS. 22 PARCEL# FEET LETTER ST# ST NAME OPPOSE PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 1364.470 ,.,.,. 11 3220 EDGEWATER 24-205-722-0001·00 40.00 17 1887 CHERRY 24-205-728-0008..QO 75.00 ~ 3232 EDGEWATER 24-205-723--0001-00 75.57 1 3235 EDGEWATER 24-205-721-0002..QO 61.50 5,.SB' ·le12 ~ FRONT FEET OPPOSED _,,§24'.SO 16 3256 THOMPSON 24-205-725--0010--00 100.00 2 3259 THOMPSON 24-205-721--0003..QO 45.00 RESPONDING FRONT FEET IN FAVOR 115.570 8.47% 3 3263 THOMPSON 24-20S..721--0004..QO SO.OD 4 3269 THOMPSON 24-205-721--0005--00 SO.DO NOT RESPONDING - FRONT FEET IN FAVOR 624.400 .~ 5 3277 THOMPSON 24-205-721--0006-00 SO.OD TOTAL FRONT FEET IN FAVOR 739.970 r 6 8 9 10 3281 3295 3301 3305 THOMPSON THOMPSON THOMPSON THOMPSON 24-205-721--0007-00 24-205-721--0009..QO 24-20S..721..Q010..QO 24•205-721--0011..QO SO.DO SO.OD 43.00 SO.OD TOTALS 115.57 624.50 TABULATED AS OF: 05:11 PM 3125/035:12 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON THOMPSON.xis Date: March 25, 2003 To: Honorable Mayor and City Commissioners ;i_po3, - ;;i_y e-\ From: Engineering 'J RE: Public Hearing Create Special Assessment District for: Mann St.., Lakeshore Dr. to Harrison SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Mann St.., Lakeshore to Harrison 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. 2003-28 ( e) Resolution At First Hearing Creating Special Assessment District For Mann St., from Lakeshon; Dr. to Harrison Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on March 25, 2003 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 25, 2003, there were o. o % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Gawron and Schwei fler and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 13.18% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes_r,a rsc.n, Schwei f ler, Shepherd; Spataro, Buie, Gaw,___,.r....,o"--'-n..___ Nays None Excusec : Warmington CITY OF MUSKEGON ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 25, 2003 . The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON EXHIBIT A Mann St., Lakeshore Dr. to Harrison SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Mann St., Lakeshore Dr. to Harrison - - .. - , - 1 -r l - \__ ' L ENGINEERING FEASIBILITY STUDY For Mann St., Lakeshore Dr. to Harrison The proposed reconstruction of Mann St. between Lakeshore Dr. & Harrison was initiated by the City due to the conditions its in. The existing conditions of that section of roadway, we feel, is beyond salvaging. The proposed improvements consists of complete removal of the asphalt including curbs & gutters and using concrete pavement to construct a new section with curbs & gutters. The proposed improvements will address at least two of the established goals, and they are; • Improve the City's infrastructure • enhance the appearance of that area. A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate for the work associated with paving is approximately $100,000 with the length of the project being approximately 260 lineal feet or 371.23 of assessable footage. This translates into an estimated improvement cost of $269 per assessable foot. The assessment figure will be at a cost not to exceed a $35.50 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 • BOARD OF COMMISSIONERS Kenneth J. Hulka, Chair EQUALIZATION DEPARTMENT 'I Bill Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye James J. Kobza Louis McMurray Tony Moulatsiotis Clarence Start March 11, 2003 I I Mohammed AI-Shatel, City Engineer City of Muskegon 933 Terrace Street I Muskegon, MI 49443 Mr. Al-Shatel: I In accordance with your request, I have examined the proposed special assessment district entailing the reconstruction of Mann Street between Lakeshore Drive and Harrison Avenue. The purpose of this analysis is to document the reasonableness of this special assessment I 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 March 11, 2003. I 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 I 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 oflife created by the proposed project. As previously presented, the proposed special assessment district I encompasses primarily commercial and residential properties. The front foot rate of $35.50 for the paving of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of$39.88. The conclusions are based upon the data I presented within this limited analysis in restricted format, and on supporting mf11rmation in my files. I Sincerely, I d'"t:.\Z< Q\.. t\,-'v,J,. Vicki A Emery, CMAE 3 I Senior Appraiser I I TDD (231) 722-4103 • An EEO I ADA I AA Employer recycled paper MARCH 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 4 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: MANN, LAKESHORE DR. TO HARRISON The proposed special assessment district will be located as follows: All parcels abutting Mann. Lakeshore Dr. to Harrison 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 APRIL 28, 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 $100,000.00 of which approximately 13.18% ($13,178.67) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, Mohammed Al-Shale!, 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-1549 MANN, LAKESHORE DR. TO HARRISON CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT HOUSEHOLD INFORMATION Name: Birthdate: Social Security # _ _-_ _-_ _ Spouse: Birthdate: Social Security# _ _ -_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security # _ _-_ _ -___ Name Birthdate Social Security # _ _-_ _ -_ _ Name Birthdate Social Security # _ _ -_ _-___ Name Birthdate Social Security # _ _ -_ _-_ _ INCOME INFORMATION . ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ PROPERTY INFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: Expiration Date: Property Taxes: ( ) Cunent ( ) Delinquent Year(s) Due (Propc1iy taxes must be current to qualify and will be verified by CDBG staff) OWNER'S SIGNATURE Owner's Signatnre: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all infonnation in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belie[ 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 sec reverse side for instrnctions 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 MARCH 25, 2003 Project Title: MANN, LAKESHORE DR. TO HARRISON Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forwarded to the City Commission for the scheduled public hearing, please return this card by the date indicated above. To use this response card please indicate whether you Oppose or Favor this special assessment project, sign the form and return ii to the City Clerk's Office. To return this card by mail, simply fold on the dotted lines so the address on the reverse side is showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: PROPERTY ADDRESS & STREET Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 61.87 Feet Estimated Front Foot Cost: $35.50 per Foot ESTIMATED TOTAL COST $2,196.39 Property Description CITY OF MUSKEGON LOT 1 BLK 635 Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON 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: Clifford St., Miner Ave. to Lakeshore Drive Edgewater St., Thompson Ave. to Wilcox Mann St., Lakeshore Drive to Harrison Ave. Moon St., Lakeshore Drive to Harrison Ave. and Thompson Ave., Plum to Edgewater St. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive • All parcels abutting Edgewater St. from Thompson Ave. to Wilcox • All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Thompson Ave. from Plum to Edgewater St. 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 MARCH 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 DA TE 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: March 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, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1550 RECONSTRUCTION HEARING DATE MARCH 25, 2003 MANN, LAKESHORE DR. TO HARRISON 24-205-627-0005-00 WILLIAM J GIBNER LLC ASSESSABLE FEET: 61.87 1965 LAKESHORE DR COST PER FOOT: $35.50 @ 1965. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.39 1 24-205-627-0006-00 HALL CHARLES L ASSESSABLE FEET: 61.87 2074 MANN ST COST PER FOOT: $35.50 @ 2074. MANN ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.39 1 24-205-627-0006-10 KITREL JEWEL ASSESSABLE FEET: 61.87 898 GREENE 407 RD COST PER FOOT: $35.50 @ 1944. HARRISON LAFE AR ESTIMATED P.O. COST: I $2. 196.39 1 24-205-635-0001-00 WARMINGTON STEPHEN J ASSESSABLE FEET: 61.87 1983 LAKESHORE DR COST PER FOOT: $35.50 @ 1983. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2. 196.39 1 24-205-635-0002-00 JORE LLC ASSESSABLE FEET: 74.75 144 GRAND AVE NE COST PER FOOT: $35.50 @ 1991. LAKESHOR GRAND RAPIDS Ml ESTIMATED P.O. COST: I $2,653.63 1 24-205-635-0012-00 SPANIOLA WILLIAM P ET AL ASSESSABLE FEET: 49 1962 HARRISON AVE COST PER FOOT: $35.50 @ 1962. HARRISON MUSKEGON Ml ESTIMATED P.O. COST: I $1,739.50 1 SUM OF ASSESSABLE FOOTAGE: 371.23 SUM OF ESTIMATED P.O. COST: $13,178.67 I TOTAL NUMBER OF ASSESSABLE PARCELS 6.00 3/12/2003 Page 1 of 1 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 . Project Title: MANN, LAKESHORE DR. TO HARRISON 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: 1983 LAKESHORE DR Parcel Number 24-205-635-0001-00 Assessable Frontage: 61.87 Feet Estimated Front Foot Cost: $35.50 per Foot f",crF\\Jt\J \•) t I;, ·" ~,.~; ~- ... I\ '* : .. ,. •1'\\C:J(E(,ON n1·1·Y l /l' • ·" • ESTIMATED TOTAL COST $2,196.39 f.J Property Description CITY OF MUSKEGON LOT 1 BLK 635 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR [SJ I AM OPPOSED • Owner -~~=.:...;:;;~~·A·"~~~-.l,a.;i~·,~.n~r!Spouse _ _ _ _ _ _ _ _ _ _ __ Sign~;;::==- · --~~-~~-- --?i~ture Address Address Thank you for taking the time to vote on this important issue. AFFIDAVIT OF MAILING STATEOFMICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Mann, Lakeshore Dr. to Harrison THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREP AID, 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 OF MARCH, 2003. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAY OF _ _ _ _ _ _ _ _~2003. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES - - - - - - - - SPECIAL ASSESSMENT H 1550 RECONSTRUCTION HEARING DATE MARCH 25, 2003 MANN, LAKESHORE DR. TO HARRISON 24-205-627 -0005-00 WILLIAM J GIBNER LLC ASSESSABLE FEET: 61.87 1965 LAKESHORE DR COST PER FOOT: $35.50 @ 1965. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.39 1 24-205-627-0006-00 HALL CHARLES L ASSESSABLE FEET: 61.87 2074 MANN ST COST PER FOOT: $35.50 @ 2074. MANN ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.39 1 24-205-627-0006-10 KITREL JEWEL ASSESSABLE FEET: 61.87 898 GREENE 407 RD COST PER FOOT: $35.50 @ 1944. HARRISON LAFE AR ESTIMATED P.O. COST: I $2,196.39 1 24-205-635-0001-00 WARMINGTON STEPHEN J ASSESSABLE FEET: 61.8T ,y-) 1983 LAKESHORE DR COST PER FOOT: $35.50 @ 1983. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.39 1 24-205-635-0002-00 JORE LLC 144 GRAND AVE NE ASSESSABLE FEET: COST PER FOOT: 74.75 $35.50 v? @ 1991. LAKESHOR GRAND RAPIDS Ml ESTIMATED P.O. COST: I $2,653.63 I 24-205-635-0012-00 SPANIOLA WILLIAM P ET AL ASSESSABLE FEET: 49 1962 HARRISON AVE COST PER FOOT: $35.50 @ 1962. HARRISON MUSKEGON Ml ESTIMATED P.O. COST: I $1,139_50 1 SUM OF ASSESSABLE FOOTAGE: 371.23 SUM OF ESTIMATED P.O. COST: $13,118.67 I TOTAL NUMBER OF ASSESSABLE PARCELS 6.00 3/12/2003 Page 1 of 1 H-1550 MANN ST., LAKESHORE DR. TO HARRISON ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABIILATIQN EEEI PERCENTAGE TOTAL NUMBER OF PARCELS- 6 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 371.230 ..... 2 1991 lAKESHORE 24-205-635-0002-00 74.75 1 1983 LAKESHORE 24-205-635-0001-00 61.87 FRONT FEET OPPOSED 0.00 0.00% RESPONDING FRONT FEET IN FAVOR 136.620 36.80% NOT RESPONDING - FRONT FEET IN FAVOR 234.610 63.20% TOTAL FRONT FEET IN FAVOR 371.230 100.00% TOTALS 136.62 0.00 TABULATED AS OF: 04:58 PM 3/25/034:59 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON MANN.xis Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Moon St.., Lakeshore Dr. to Harrison SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Moon St.., Lakeshore to Harrison 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 ResolutionNo. 2003-28 (a) Resolution At First Hearing Creating Special Assessment District For Moon St., from Lakeshore Dr. to Harrison Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 25, 2003 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 25, 2003, there were 3 3 3 o/o objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioneiw J.a rson and Mayor Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 10.98% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ay~ Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Bu ie Nays None CITY OF MUSKEGON ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON EXHIBIT A Moon St., Lakeshore Dr. to Harrison SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Moon St., Lakeshore Dr. to Harrison ENGINEERING FEASIBILITY STUDY For Moon St., Lakeshore Dr. to Harrison The proposed reconstruction of Moon St. between Lakeshore Dr. & Harrison was initiated by the City due to the conditions its in. The existing conditions of that section of roadway, we feel, is beyond salvaging. The proposed improvements consist~ of complete removal of the asphalt including curbs & gutters and using concrete pavement to construct a new section with curbs & gutters. The proposed improvements will address at least two of the established goals, and they are; • Improve the City's infrastructure • enhance the appearance of that area. A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate for the work associated with paving is approximately $100,000 with the length of the project being approximately 260 lineal feet or 371.23 of assessable footage. This translates into an estimated improvement cost of $269 per assessable foot. The assessment figure will be at a cost not to exceed a $35.50 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 (231) 724-6386 M C H G A N 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 Clarence Start March 11, 2003 Mohammed Al-Shatel, City Engineer I City of Muskegon 933 Terrace Street Muskegon,MI49443 I Mr. Al-Shatel: In accordance with your request, I have examined the proposed special assessment district I entailing the reconstruction of Moon Street between Lakeshore Drive and Harrison 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 I governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is March 11, 2003. I 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 I 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$35.50 for the paving of I the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of$37.88. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. I I Sincerely, \ \ I \< ,I:_. \,( i\ \_\ . J. c::..,,~\.J,.. 0-, I Vicki A Emery, CMAE 3 ' Senior Appraiser I I TDD f?.11 l 722-4103 • An EEO I ADA IM Employer MARCH 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 4 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: MOON, LAKESHORE DR. TO HARRISON The proposed special assessment district will be located as follows: All parcels abutting Moon, Lakeshore to Harrison 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 APRIL 8, 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 $100,000.00 of which approximately 10.98% ($10,978.02) 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, . 1/..-.L·•i4 ,1 / ,· • :' / / A ,,....- , 1/1 _ . , .• . I I .· ,.. _/,,:?'"'", .·,,.,/ . ,c ;}/ti({:!/ I !/.lC , ( . . 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-1550 MOON, LAKESHORE DR. TO HARRISON CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT HOUSEHOLD INFORMATION Name: Birthdate: Social Security# _ _-_ _-_ _ Spouse: Birthdate: Social Security # _ _-_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security# _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security# _ _-_ _-_ _ Name Birthdate Social Security # _ _ -_ _-_ _ ·. . INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ PROPERTY INFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be CUJTent to qualify and will be verified by CDBG staft) OWNER'S SIGNATURE Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all infonnation in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003 FOR OFFICE USE ONLY APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: MOON, LAKESHORE DR. TO HARRISON 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: 61.88 Feet Estimated Front Foot Cost $35.50 per Foot ESTIMATED TOTAL COST $2,196.74 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 636 Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ----------- Signature ------------- Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON 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: Clifford St., Miner Ave. to Lakeshore Drive Edgewater St., Thompson Ave. to Wilcox Mann St., Lakeshore Drive to Harrison Ave. Moon St., Lakeshore Drive to Harrison Ave. and Thompson Ave., Plum to Edgewater St. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive • All parcels abutting Edgewater St. from Thompson Ave. to Wilcox • All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Thompson Ave. from Plum to Edgewater St. It is proposed that a percentage of the cost of the improvement will be paid through spec.ial 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 MARCH 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 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: March 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 1549 RECONSTRUCTION HEARING DATE MARCH 25, 2003 MOON, LAKESHORE DR. TO HARRISON 24-205-635-0002-00 JORE LLC ASSESSABLE FEET: 82.4 144 GRAND AVE NE COST PER FOOT: $35.50 @ 1991. LAKESHOR GRAND RAPIDS Ml ESTIMATED P.O. COST: I $2,925.20 j 24-205-635-0007-00 GHEZZI RICHARD P ASSESSABLE FEET: 61.88 1924 SPENCER DR COST PER FOOT: $35.50 @ 2017. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.74 1 24-205-635-0008-00 ETTERMAN MARVA J ASSESSABLE FEET: 41.2 1980 HARRISON AVE COST PER FOOT: $35.50 @ 1980. HARRISON MUSKEGON Ml ESTIMATED P.O. COST: I $1,462.60 1 24-205-636-0001-00 DEWALD LORRAINE H ASSESSABLE FEET: 61.88 1580 NELSON ST COST PER FOOT: $35.50 @ 2033. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.74 j 24-205-636-0013-00 KOWALSKI ROSEMARY ASSESSABLE FEET: 61.88 2101 MOON ST COST PER FOOT: $35.50 @2101. MOONST MUSKEGON Ml ESTIMATED P.O. COST: I $2,196.74 j SUM OF ASSESSABLE FOOTAGE: 309.24 SUM OF ESTIMATED P.O. COST: $1 o,978.02 1 TOTAL NUMBER OF ASSESSABLE PARCELS 5.00 3/12/2003 Page 1 of 1 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Moon, Lakeshore Dr. to Harrison THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 14th DAY OF MARCH, 2003. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAY OF _ _ _ _ _ _ _ _~2003. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES - - - - - - - - ~~---- ---;- - ! ------ -- - ------iU-----1--//_,,__ -1 tW#tfJ/4,,f-- -/ <F-- -;)rf ~----C6?46'e;;, 7 -- ···-..·--·-~·-·-·--·•---,-------· ---·------·----------·· •-····· ----:;-- ~.1/~-·/c;;,, (:, :;:;JJ-----u;;pp,--7P,7-; ' .,,.-e---,:-,,µ,4=;,..,._ _ _ _ i. /,Jc_ (,:,, ~ /P ("" - - - - - 4 ~ - - - - - - - - - - ' c . . - ' . ' . ____________________________________________ _ - _ _ __.J,j,j____ _ - - - - - - · - - · - - - - - - - - - - - - __ _____ __ ____ R V---=-E-=-LJ E C_[__._______,__I _ _______ CITY OF MUSKEGON - ,. . -- - -- - - -- - Uf\1 2 d 2QC .\ ------------------------ -- -------------- _ _ __,-JcJ_____ _ _ _ _ _ ._ ______ ------------------- ---- ---- - ------------- ----- - - - ------------------ --------- - - -- ---- - --------- - - - - - - ' ' - ' ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------- ----------------------------------- ---~e-------------------·--·----------·------------------------- ---- - --·------· --·------- - --·--- ·-------------------- - - - ~ - -- ------------- --- --·--------- ---------,------- ------- ---- ,--, - ____ , _______ _ _ _ _____Jjj_____,_ _ _ _ , _______ ,, ___________________ ,_ __ ,_ - ---- --- - -- -- --- -- ___________ ________ --------------------- ,, ,--- -------- ------ .. - ,--------..-----------····-·· ------·-···- -------~- SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: MOON, LAKESHORE DR. TO HARRISON 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 sl"i0vving. Be su;-G to seal the form \.Vith a srna:: piece of tape or staple prior to rnailing. IF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 2017 LAKESHORE DR Parcel Number 24-205-635-0007-00 Assessable Frontage: 61.88 Feet Estinated Front Foot Cost: $35.50 per Foot . ESTIMATED TOTAL COST $2,196.74 froJJerty Description CITY OF MUSI\EGON REVSED PL/\ T OF 1903 El..K635 LOT7 I /1M IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED [ ] . / Owner Signature Signature ·---- ·---··-·-- Address Address Thank you for taking the time to vote on this important issue. 3 SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: MOON, LAKESHORE DR. TO HARRISON 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: 2017 LAKESHORE DR Parcel Number 24-205-635-0007-00 Assessable Frontage: 61.88 Feet Estimated Front Foot Cost: $35.50 per Foot. ESTIMATED TOTAL COST $2,196.74 Property Description CIT'<OF MUSl(EGON REIASED PLAT OF 1903 BL~635 L01'7 Yo, ir vn!P.. COI_INT$1 I AM IN FAVOR • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED 1 ,,,,.,•r:" Owner · 2~L~/;_. CoOwner/Spouse - - - - - - - - - - · - - ..£...~~~:...::;;;;::::.,..i..,~~~"' Signature . A'"~;.::~;-..:>/:....·-:..¢:J~~~- Signature Addresd ,9oJ 7 )5kes/4urc p,,,_ Address 3 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: MOON, LAKESHORE DR. TO HARRISON Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes forvvarded 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 wiih a small piece of tape or staple pdu,· to ;nailing. iF YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 2101 MOON ST Parcel Number 24-205-636-0013-00 Assessable Frontage: 61.88 Feet RECEIVED Estimated Front Foot Cost: $35.50 per Foot lv\~R 211001 ESTIMATED TOTAL COST $2,196.74 Property Description C Clerks Office CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 636 LOTS 13 & 14 EXC SWLY 20 FT Y011r vote C:OUNTS! Address;), lo I \l'½szx,-, C> < Address 2 Thank you for taking the time to vote on this important issue. SPECIAL ASSESSMENT \. I ' HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: MOON, LAKESHORE DR. TO HARRISON Project Description RECONSTRUCTION JNSTRUCTIONS 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 shovving. -Ge SL.ire to se&l the forrn vvith a srnall 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: 1980 HARRISON AVE Parcel Number 24-205-635-0008-00 Assessable Frontage: 41.2 Feet Estimated Front Foot Cost: $35.50 per Foot RECEIVED ESTIMATED TOTAL COST $1,462.60 MAR 1 9 2003 :,i Property Description CITY OF MUSKEGON City Clerks Office REVISED PLAT OF 1903 · BLK 635 PART OF LOTS 8 9 & 10 DESC AS FOL COM AT NELY COR OF LOT 10 OF SD BLK TH SEL Y ALG LOT LN 77.73 FT FOR POi3 Yni_,r votio r:n1 11\ITSI • _,,.,./" Please vote either in favor or opposed to the Special Assessment Street Paving Proje_c:;t:' 1 AM IN FAVOR 1 AM OPPOSED Iv·( Owner Ed,,:tt' c1l 1:v'ipr,_, /\, T. E t\.,,,.w,,_f;Q_(j)wner/Spouse Signature Signature ---------·--- Address Address Thank you for laking the time to vote on this important issue. 5 H-1549 MOON ST., LAKESHORE DR. TO HARRISON ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION = PERCENTAGE LETTER ST# FOR ST NAME PARCEL# TOTAL NUMBER OF PARCELS• 5 FEET LETTER# ST# ST NAME OPPOSE PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 309.240 *- 4 1991 LAKESHORE 24-205-635-0002-00 82.40 5 1980 HARRISON 24-205-635-0008-00 41.20 3 2017 LAKESHORE 24-205-635-0007-00 61.88 2 2101 MOON 24-205-636-0013-00 61.88 FRONT FEET OPPOSED 103.08 33.33% RESPONDING FRONT FEET IN FAVOR 144.280 46.66% NOT RESPONDING· FRONT FEET IN FAVOR 61.880 20.01% TOTAL FRONT FEET IN FAVOR 206.160 66.67% TOTALS 144.28 103.08 TABULATED AS OF: 05:02 PM 3/251035:03 PMTASULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON MOONS.xis Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Clifford St., Lakeshore Dr. to Miner SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Clifford, Lakeshore to Miner 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 ResolutionNo. 2003-28 (f) Resolution At First Hearing Creating Special Assessment District For Clifford St., from Lakeshore Dr. to Miner Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on March 25, 2003 at 5 :30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 25, 2003, there were 2 2 • 4 3% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 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 Depaitment shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissionel)ll Scbwei fl er and Mayor Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 27.87% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes ScbwE-ifler, Shepherd, Spataro, Warmington, Bnie, Gawron, Larson Nays._ ----"'-'-LLI"""---------------- - - - - - - - - -- - - CITY OF MUSKEGON By ~Q~ . Gail A. K u ~ - k ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. EXHIBIT A Clifford St., Lakeshore Dr. to Miner SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Clifford St., Lakeshore Dr. to Miner ENGINEERING FEASIBILITY STUDY For Clifford St., Lakeshore Dr. to Miner The proposed reconstruction of Clifford St. Lakeshore Dr. & Miner was initiated by the City due to the conditions its in. The existing conditions of that section of roadway, we feel, beyond salvaging. In addition, the roadway is paitially gravel and has no curbs and gutters. The proposed improvements will address at least two of the established goals, and they are; • Improve the City's infrastructure • enhance the appearance of that area. As well as eliminate at least 400' of gravel roadway from the City street system 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 $80,000 with the length of the project being approximately 576 lineal feet or 706.51 of assessable footage. This translates into an estimated improvement cost of $113 per assessable foot. The assessment figure will be at a cost not to exceed a $31.56 35 (prorated value due to the width being less than the standard 27') 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 C H G A N FAX (231) 724-1129 EQUALIZATION DEPARTMENT BOARD OF COMMISSIONERS Kenneth J. Hulka, Chair am Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye James J. Kobza Louis McMurray Tony Moulatsiotis Clarence Start March 11, 2003 Mohammed AI-Shatel, City Engineer City of Muskegon 933 Terrace Street Muskegon, Ml 49443 Mr. Al-Shatel: In accordance with your request, I have examined the proposed special assessment district entailing the reconstruction of Clifford Street between Lakeshore Drive and Miner 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 March 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$3 I .56 for the paving of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of$33.03. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, .' ' . ' \ ,)l.\.. ()'.\ ' ~- C:.,,"'-....:,_,>,j-;\ Vicki A Emery, CMAE 3 U Senior Appraiser I TDD (231) 722-4103 • An EEO I ADA I AA Employer I recycled paper MARCH 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 11 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: CLIFFORD ST. , LAKESHORE DR. TO MINER The proposed special assessment distrid will be located as follows: All parcels abutting Clifford, Lakeshore to Miner 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 APRIL 8, 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 $80,000.00 of which approximately 27.87% ($22,297.46) 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, .} - ( / 1,~b( -/(.. / / .I . ,-··/?r~,/~'(i / ;·7 J 1- L (- ~-., /lt[ (/ 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. STREET H-1558 CLIFFORD, LAKESHORE DR. TO MINER CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT HOUSEHOLD INFORMATION Name: Birthdate: Social Security # _ _-__. _-_ _ Spouse: Birthdate: Social Security# _ _-_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infomrntion) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security# _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _ -_ _ Name Birthdate Social Security# _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _ -_ _ INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include ~1! household income) Wage earner: \\'age earner: Wage earner: Total: $ PROPERTY INFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: Expiration Date: Property Taxes: ( ) Cun-en\ ( ) Delinquent Year(s) Due (Property taxes must be current to quality and will be verified by CDBG staft) OWNER'S SIGNATURE Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all infonnation in this application, and all infonnation furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003 FOR OFFICE USE ONLY APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON CLIFFORD, LAKESHORE DR. TO MINER STREET H-1558 REQUEST FOR \VAIVER OF SPECIAL ASSESSMENT Note: You may receive this application several times - If you have already applied, please discard. Dear Resident: The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Comm unit) Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2002 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT I $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,326 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor ~1uskegon,Ml49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City resenies the right to ver((j1 all applicaUon i,formation, and to reject any applications that contain.fals{fied i1?formution or inst{f]icient documentation. SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 25, 2003 Project Title: CLIFFORD ST. , LAKESHORE DR. TO MINER Project Description RECONSTRUCTION INSTRUCTIONS If you wish to have your written vote included as part of the tabulation of votes foiwarded 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 Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 50 Feet Estimated Front Foot Cost: $31.56 . per Foot ESTIMATED TOTAL COST $1,578.00 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLK 693 COM AT A PT ON S LINE OF LAKE ST 35 FT W OF THE E LINE OF BLK 693 THW30FT Your vote COUNTS! Owner I AM IN FAVOR • CoOwner/Spouse I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. Signature ---------- Signature ------------ Address Address Thank you for taking the time to vote on this important issue. CITY OF MUSKEGON 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: Clifford St., Miner Ave. to Lakeshore Drive Edgewater St., Thompson Ave. to Wilcox Mann St., Lakeshore Drive to Harrison Ave. Moon St., Lakeshore Drive to Harrison Ave. and Thompson Ave., Plum to Edgewater St. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive • All parcels abutting Edgewater St. from Thompson Ave. to Wilcox • All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Thompson Ave. from Plum to Edgewater St. 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 Depa,tment 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 MARCH 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 HAVE THIRTY (30) DAYS FROM THE DA TE 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: March 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, Citv Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (23 I) 724-6773 SPECIAL ASSESSMENT H 1558 RECONSTRUCTION HEARING DATE MARCH 25, 2003 CLIFFORD ST., LAKESHORE DR. TO MINER 24-205-678-0001-00 DOUGLAS STEVEN M/EVE E ASSESSABLE FEET: 158.5 2471 LAKESHORE DR COST PER FOOT: $31.56 @ 2471. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $5,002.26 1 24-205-693-0001-16 BLAKE THOMAS E/SUSAN S ASSESSABLE FEET: 50 3222 PARK PL COST PER FOOT: $31.56 @ 2485. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $1,57a.oo 1 24-205-693-0001-19 MITCHELL FRANKIE ASSESSABLE FEET: 45 2181 CLIFFORD ST COST PER FOOT: $31.56 @ 2181. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.20 1 24-205-693-0001-20 MOREY JAMES A ASSESSABLE FEET: 45 2187 CLIFFORD ST COST PER FOOT: $31.56 @ 2187. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.20 I 24-205-693-0001-21 RICHARDS ROBERT SR ASSESSABLE FEET: 60 2193 CLIFFORD ST COST PER FOOT: $31.56 @ 2193. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,893.60 1 24-205-693-0001-22 SCHNEIDER RANDALL P/NICKI V ASSESSABLE FEET: 30 2990 COUNTRY CLUB COST PER FOOT: $31.56 @ 2203. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: ,...._ _$9_4_6_.8_0_.I 24-205-693-0001-41 TOSCANO DARCEY J ASSESSABLE FEET: 30 2207 CLIFFORD ST COST PER FOOT: $31.56 @ 2207. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: . __I_ _$_9_46_.8_0_,I 3/12/2003 Page 1 of 2 RECONSTRUCTION HEARING DA TE MARCH 25, 2003 CLIFFORD ST., LAKESHORE DR. TO MINER 24-205-693-0001-42 HILLARD RODNEY/CAROL ASSESSABLE FEET: 30 4835 W 136TH ST COST PER FOOT: $31.56 @ 2211. CLIFFORD S GRANT Ml ESTIMATED P.O. COST: '~--$_9_46_.B_O~I 24-205-693-0001-43 GILBERT VIRGINA ASSESSABLE FEET: 30 2217 CLIFFORD ST COST PER FOOT: $31.56 @ 2217. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: j~_$_9_46_.B_O~J 24-205-693-0001-44 TROMBLEY JAMES ASSESSABLE FEET: 60 2223 CLIFFORD ST COST PER FOOT: $31.56 @ 2223. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,893.60 1 24-205-693-0001-45 TILFORD STEPHANIE ASSESSABLE FEET: 52.25 2241 CLIFFORD ST COST PER FOOT: $31.56 @ 2241. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: '~-$_1_,6_49_.0_1~ 24-205-693-0001-46 DION EDWARD J ASSESSABLE FEET: 115.76 2226 CLIFFORD ST COST PER FOOT: $31.56 @ 2226. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $3,653.39 1 SUM OF ASSESSABLE FOOTAGE: 706.51 SUM OF ESTIMATED P.O. COST: $22,297.46 1 TOTAL NUMBER OF ASSESSABLE PARCELS 12.00 3/12/2003 Page 2 of 2 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Clifford, Lakeshore to Miner 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 OF MARCI-I, 2003. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAY OF _ _ _ _ _ _ _ _ , 2003. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES _ _ _ _ _ _ __ H-1558 CLIFFORD ST., LAKESHORE DR. TO MINER ST. PROPERTY QWNE.R SPECIAL ASSESSMENT RESPONSE TABULAT\ON = PERCENTAGE LETTER# ST# FOR ST NAME PARCEL# TOTAL NUMBER OF PARCELS. 12 FEET LETTER ST# ST NAME OPPOSE PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 706.510 "'** 5 2203 CLIFFORD 24-205-693-0001 ·22 30.00 11 2471 LAKESHORE 24•205-678-0001-00 158.50 FRONT FEET OPPOSED 158.50 22.43% RESPONDING FRONT FEET IN FAVOR 30.000 4.25% NOT RESPONDING- FRONT FEET IN FAVOR 518.010 73.32% TOTAL FRONT FEET IN FAVOR 548.010 77.57% TOTALS 30.00 158.50 TABULATED AS OF: 05:08 PM 3/25/035:0S PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CLIFFORD.xis Date: March 25, 2003 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: Edgewater, Thompson to Wilcox SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Edgewater, Thompson to Wilcox 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.- - - - - Resolution At First Hearing Creating Special Assessment District For Edgewater, Thompson to Wilcox Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 25, 2003 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 25, 2003, there were ___% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: I. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: I. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 11.44% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk EXHIBIT A Edgewater St., Thompson to Wilcox SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Edgewater St., Thompson to Wilcox r=~--- ------ ~ - ~ c ~ ~ <(~ - ..... ·-ro ·- ..c ·- (.) jj~<Jz ENGINEERING FEASIBILITY STUDY For Edgewater St., Thompson to Edgewater The proposed milling & resurfacing of Edgewater between Thompson & Wilcox was initiated by the City due to the conditions it is in. The existing asphalt surface has deteriorated to a point where preventative maintenance (crack sealing, overlay) is no longer an option that engineering would recommend. The scope of the proposed project consists of total removal of the asphalt, the reshaping of the aggregate base and the placement ofa minimum of3" of asphalt. Unfortunately, due to the presence ofa high number of healthy and mature trees, we are unable to proposed a typical local street of27' back to back and have elected to stay with the existing width of 20' to preserve the area. The proposed improvements will address at least two of the established goals; • Improve the City's infrastructure • enhance the appearance of that area. A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate for the work associated with paving is approximately $80,000 with the length of the project being approximately 400 lineal feet or 748.50 of assessable footage. This translates into an estimated improvement cost of $106 per assessable foot. The assessment figure will be at a prorated cost not to exceed a $12.23 (prorated value due to the width being less than the standard 27') per assessable foot as established in the 2003 Special Assessment for this type of improvement. IMUSKEGON 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 Moulatsiotis Clarence Start March 11, 2003 Mohammed Al-Shatel, City Engineer City of Muskegon 933 Terrace Street Muskegon,MI49443 Mr. AI-Shatel: In accordance with your request, I have examined the proposed special assessment district entailing the milling and resurfacing of Edgewater Street between Thompson Avenue and Wilcox 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 March 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 $12.23 for the paving of the above mentioned project area appears reasonable in light of an analysis that indicates a possible enhancement of$15.51. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. I Sincerely, I ') '--t.K;__, Q .~"-"'-\.J'-.,"t Vicki A Emery, CMAE 3 I Senior Appraiser I I TDD (231) 722-4103 • An EEO/ ADA/ AA Employer I recycled paper MARCH 14, 2003 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 8 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: EDGEWATER, THOMPSON TO WILCOX The proposed special assessment district will be located as follows: All parcels abutting Edgewater, Thompson to Wilcox It is proposed that a portion of the above improvement will be paid by special assessment against properties in the aforementioned district. Following are conditions of the proposed special assessment which are important to you. Public Hearings An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 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 $80,000.00 of which approximately 11.44% ($9,154.16) 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, ":(/'1 / ;lJ,2/;/4 ~ ,• ... A i• ~-/ /?(4r, ' 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-1552 EDGEWATER, THOMPSON TO WILCOX CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT HOUSEHOLD INFORMATION Name: Birthdate: Social Security # _ _-_ _-_ _ Spouse: Birthdate: Social Security# _ _-_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled'/ ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: List infonnation for household members besides owner/spouse here. Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ Name Birthdate Social Security # _ _-_ _-_ _ INCOME INFORMATION ANNUAL Household Income: $ Wage earner: (Must include all household income) "'age earner: Wage earner: Wage earner: Total: $ PROPERTY INFORMATION Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowncr's Insurance Co: Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staft) . OWNER'S SIGNATURE Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner ce1iifies 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 MARCH 25,2003 Project Title: EDGEWATER, THOMPSON TO WILCOX 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: PROPERTY ADDRESS Parcel Number 24-XXX-XXX-XXXX-XX Assessable Frontage: 50 Feet Estimated Front Foot Cost: $12.23 per Foot ESTIMATED TOTAL COST $611.50 Property Description CITY OF MUSKEGON REVISED PLAT OF 1903 NWLY 50 FT OF A STRIP OF LAND LYING NELY OF BLK 725 BOUNDED BY Your vote COUNTS! Owner I AM IN FAVOR • I AM OPPOSED • Please vote either in favor or opposed to the Special Assessment Street Paving Project. ---------- CoOwner/Spouse ------------ Signature Signature Address Address Thank you for taking the time to vote on this important issue. CITY 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: Clifford St., Miner Ave. to Lakeshore Drive Edgewater St., Thompson Ave. to Wilcox Mann St., Lakeshore Drive to Harrison Ave. Moon St., Lakeshore Drive to Harrison Ave. and Thompson Ave., Plum to Edgewater St. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive • All parcels abutting Edgewater St. from Thompson Ave. to Wilcox • All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave. • All parcels abutting Thompson Ave. from Plum to Edgewater St. 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 MARCH 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 HAVE 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: March 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, Muskegcn, MI 49440 (231) 724-6705 or TDD (231) 724-6773 SPECIAL ASSESSMENT H 1552 MILLING & RESURFACING HEARING DATE MARCH 25,2003 EDGEWATER, THOMPSON TO WILCOX 24-205-725-9991-01 FREYE AUSTIN ASSESSABLE FEET: 50 1796 EDGEWATER ST COST PER FOOT: $12.23 @ 1796.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: . _ I_ _ $_6_11_.5_0~1 24-205-725-9991-02 TOM BLAKE ASSESSABLE FEET: 35 3222 PARK PL COST PER FOOT: $12.23 @ 1800.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: $_4_28_.0_5~1 . _ I_ _ 24-205-725-9999-01 DANIELS DONALD N ASSESSABLE FEET: 50 1812 EDGEWATER ST COST PER FOOT: $12.23 @ 1812.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_6_11_.5_0~1 24-205-725-9999-02 BRADY ROBERT C/CINDY C ASSESSABLE FEET: 50 17226 BURKSHIRE DR COST PER FOOT: $12.23 @ 1820.0 EDGEWATER GRAND HAVEN Ml ESTIMATED P.O. COST: 1~_$_6_11_.5_0~1 24-205-725-9999-03 SCHILLER STEVEN M ASSESSABLE FEET: 50 1828 EDGEWATER ST COST PER FOOT: $12.23 @ 1828.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: . _ I_ _$_6_11_.5_0~1 24-205-725-9999-04 TORRENT NEVADA/MARYLYNN ASSESSABLE FEET: 50 1834 EDGEWATER ST COST PER FOOT: $12.23 @ 1834.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_6_11_.5_0~1 3/12/2003 Page 1 of 3 MILLING & RESURFACING HEARING DATE MARCH 25,2003 EDGEWATER, THOMPSON TO WILCOX 24-205-725-9999-05 BIZON RAYMOND ASSESSABLE FEET: 49 1842 EDGEWATER ST COST PER FOOT: $12.23 @ 1842.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_5_99_.2_7_,I 24-205-725-0001-00 TURGEON BRUCE W ASSESSABLE FEET: 50 1795 EDGEWATER ST COST PER FOOT: $12.23 @ 1795.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: 1~__ $_6_11_.5_0_,I 24-205-725-0002-00 BIRCH JOHNA ASSESSABLE FEET: 65 1799 EDGWATER ST COST PER FOOT: $12.23 @ 1799.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$_7_94_.9_5~1 24-205-725-0003-00 WIERENGA OLIVE M TRUST ASSESSABLE FEET: 100 1805 EDGEWATER ST COST PER FOOT: $12.23 @ 1805.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $1,223.00 1 24-205-725-0004-00 PARKER DOUGLAS C/CHERYL L ASSESSABLE FEET: 50 1811 EDGEWATER ST COST PER FOOT: $12.23 @ 1811.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: l.___$_6_11_.5_0_,I 24-205-725-0005-00 EHLERS ANN M ASSESSABLE FEET: 50 1819 EDGEWATER ST COST PER FOOT: $12.23 @ 1819.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$6_1_1_.5_0~1 24-205-725-0006-00 BISHOP WILLIAM E ASSESSABLE FEET: 50 1827 EDGEWATER ST COST PER FOOT: $12.23 @ 1827.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: ~I_ _$6_1_1_.5_0~1 3/12/2003 Page 2 of 3 MILLING & RESURFACING HEARING DATE MARCH 25,2003 EDGEWATER, THOMPSON TO WILCOX 24-205-725-0007-00 ZACHARIASON HAROLD ASSESSABLE FEET: 49.5 1835 EDGEWATER ST COST PER FOOT: $12.23 @ 1835.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: '-I_ _$_6_05_.3_9__,I SUM OF ASSESSABLE FOOTAGE: 748.50 SUM OF ESTIMATED P.O. COST: $9,154.16 1 TOTAL NUMBER OF ASSESSABLE PARCELS 14.00 3/12/2003 Page 3 of 3 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Edgewater, Thompson to Wilcox THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 14th DAY OF MARCH, 2003. GAIL A. KUNDINGER, CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS _ _ _ DAY OF _ _ _ _ _ _ _ _~2003. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES _ _ _ _ _ _ __ :···\i:;'(t/ !:.sk&o1Ai;.lxssEJ$MENf ;fRriA~iNG]~ESF>()NSE· CARD·. . . . .:t.t·· 1.• , . SPECIAL ASSESSMENT .· HEARING RESPONSE CARD N'o RESPONSE _.,._.' COUNTS AS ""· --· -,,. ',, ·-, .. "IN ,, FAVOR" • -·- .. OF PROJECT,ro have your vote count, please. ' - , . ',. ,'. - ' - . ·. . . ,f3eturn.Tl1i~pa.rq By MARyH25,2003 . ·· .ProjectTitle, . EDGEWATER, THOfv'IPS,ONTQ Wll,.COX Project Peicriptibn ·· Mll,.Llf\JG& RESUR~~CING .· ·· ' . •. . -~:J• ~' . .' , .. ·. . . . ·-' INSTRUCTIONS •· .·· frYquwish tohaVe your wriUen yote ln¢il.lded as part ~f the!abulation ofvotes.forwarded to · thE:i yity (;omrnission fprthe scheduled pubHq heari.ng, pl.ease .return this card by the date ·. incJJca,tE:ld a,bpye: rouse this response card please indicate whether you Oppose or Favor . this spE:iciaj.assessmenlproject, sign the form and return it to the City.Clerk's Office. To . return thi.s c~rdby mail, simplyJpldOn.the dottecJline~ sh the acjdress oil the reverse sicle is shqwir,g. Be sure tp.sea,I the form with a srna11 .piece oftape or staplE:l prior to ma Hing. IF ..YOLJpO ~dTSENDIN THIS FORMYOURVOTECOUNTS AS "IN FAVOR" OF .. ::~~:~r~tlnfotmation •Y .· .. ··••···(.... . ........ ·. ·. .·. ··.·.• ·... · .. . 'PrCJpert/Addres;: •.·. . ·• .·1e2a Eb;EWAl"ER sT ·. ·Parc~INumber· .. 24-265-7;5-99~9~03. .-_ . .',- 50 .. Feef E~Umated•Froht Fociicost:· . $12.2~· perFqot .. . ··;:: i-''1 . , . .eii-1MATE[)'rb-rALcbs,- ! \.$611.50 . i ·._,_-_ .- _),:-,:'. :",_\-,. ,_;::i:<> ._,.;_· ·-< _ _ _;-, . Property.Description A\/ l ···•····.· YoUrvoteCOUNTS! · ..Please vote· either. lnfavof Of"()pbos~dt()tfie ibJc:ial. As.~essrnentStreet •·Raving.Projf-Jct: ,AM/" F~v0~1 ;: J' . , AM oePoseo, J~ . s,:~::"'. ,.~CA·f~:Jt~;r> · Addr~ss [82-~ Address •.-·. -·-.-- f&o~~~~ir- •·.· ..........- - - - - - - - - - - - - · Thank you Jor taking th~Jime to vote on tpis Important issue. · ·5 SPECIAL ASSESSMENT HEARING RESPONSE CARD . NO RE~PONstcoUNTS AS ''IN FAVOR!'QF~ROJECT-To haveyourvotecount, please· . ' .. ' " ~,c-. ,, ·. ' . ,_. ·, . ' '· . . ',' . . ' ' ' , '. -_ . · .. R~\urn.Jt1rs Card Sy :,MARQH25,2003 · ·. ·.. ··· •·· C1=:oGEWATER,THOMPSONrdw1Lcox projecttfit/El:: ,;.:. .. ·.· • ..•. • ··•·•· ...... · , <•.:,. ;/ · . ·•• ,,.'"•• . ·.. · P;rojt:i()tP6:\lCriPtior., ,MILL.ING &~ESLJRffCiNp il. ;( •... 1Ns;~db~,6~s· ..• ·. . .·.· .·. . ···•······.....·•· · . . ·. · . .· 1fyotJ vvi.s11 to .ha.Je your.wriUen vqt~ incluqid. asb1irtof.toe t~bulation of votes forwarded lo . . ..the City Con,missionfor the .scheduled ppblic hearing; pl~a.se return tt)is card by the: date . ind.icatedab9yg; To use.t~isresponsepardpleasEljrJdicatelNhether you Oppose or Favor .· this . speci1il. assessment project. sign the J:irmarid re\urn itto t~e City :Clerk's Office, .To ..·: . retyrnthiscard.1:>y.rpai[,simplyfold on.the doW;~dl.irJei:..,so.the address on thereyerse side is showing. S,e sure to seal Jheforrn lNith a smaHpiece oftape Qr staple prior to mailing. IF •YOU DO NOTSENO PROJECT. . .INTHIS.FORMYOURVOTE . . .. . . . . COUNT:S ·.•·· AS ··• ''IN... FAVOR'.' OF Asse'ssn1~nt 1hforinalion . prope~}Address:/·•· ·.. A.ss'es~1~JiFrontaJe: . _-,., .. ,,.,--,., ,' .-·•. ,_.- - ,-,-'. ·, 5fr ·.· . ···f:~ii .··.·.·. $')2.23< ..• Estirri~tei:I Frontfoot;cas\:/ . · · eit1MATE0 toTALihi,- ·•· .• ~~11,5Jf . , : -;·_·. .,_ :·--<;_'\:·,>:/:::···,-,,/,-_._ ,r:.:._\':' '\"::'·'--i~_'-<_:-:-> .: ,-, - ·.· PropertyDescription Gl~r6fM0SKE~ot: ' . REVISED Plj\T Of 1903 SLY$0 Fr ···. OF NLY 200.fT .• . ..... OFASTRIPOFLANP. i LYINC3 NELYOF 13LK725 .xdGrypte'.dooN±sr····. P1ea,, ~.. ~!~•cfoA•o;•'.~f~~~'•JH,~t,o,t(f}~itJeri[Strne(p~;;i; ero1,q Sig()ature . · (\~8dress . ·.· .• f¥' 'bi~·. ·•. · . •·. •~··.· ·· ·· ~ N~S · .· Signature yJfj«M:ai: f);)/Yvftfh...•.· ·. • . .· · · · · · .·. ··. · .·· · · U · · · ff& ·· !han~··y~tr;;n~ecrl;fovot~•·.·oni~:~e;:iant1s[:r·.·•··•~wUJc• .•v.••··•··.· SPECIAL ASSESSMENT HEARING RESPONSE CARD NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please Return This Card By MARCH 2!5,2003 Project Title: EDGEWATER, THOMP$ON TO WILCOX Project Description MILLING & RESURFACING INSTRUCTIONS If you wish to have your written vote included as part of tl1e 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. i:::ard by mail, simply fold on the dotted lines so the address on the reverse side is ~h.,...,,.,inr, VI ,...,~,o ~- i..,,v c,11ro 'Po V'-1- v to ~ co~I ..., , ,v fr,rm .......... , tho ....... , 1~1ith ··~· ....., cm<::i,11 " ...,, I'-''...,.,.,.., of, t~l"\e ....... l"\i.or-o ~ ..... 1-' nr ...,,..,.t-', ..... nr'1r.r ...,, ch::i.nlo r-- ~· tn ~ .... • v. " ' · ~ · 11= m<>"1linn " YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF PROJECT. Assessment Information Property Address: 1834 EDGEWATER ST Parcel Number 24-205-725°9999-04 Assessable Frontage: 50 Feet Estimated Front Foot Cost: $12.23 per Foot ESTIMATED TOTAL COST $611 ·50 RECEIVED Property Description CITY OF MUSKEGON MAR 2 4 2003 REVISED PLAT OF 1903 A PARCEL OF LANO LYING NE OF LOT 7 BLK 725 Cltv Clerks Office & BOUNDED AS FOLLOWS , COM AT A PT ON ELY LINE OF EDGEWATER ST 49 FT NWLY OF NW COR EDGEWATER ST & THOMPSON AVE Your vote COUNTS! Owner I AM iN FAVOR • Please vote .either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED . ~ ~ - ' · ;,.:···~;i.;:;;='"""-'-'~--/:i....,i.:i.i!."1JACoOwner/Spouse/1\.'.'vL /, ./,½J ·-.d!P-lAc-~ Signature J ,1/i.e~ ;;7\ Signature ~Jl/'c'v.....r4,f¥/b1zd.~yuw=f:-- Address \ 3 ~,,1P, Jc..su.AJ-.,,;-/j;,_.,17 9 .Jt, Address /~(3'/Jltvt;u,H;:_..--fr;, ?T . ~ 1 · Thank you for taking the time to vote on this important issue. 6 v() r:) <::CI ,AL- / \,.;..._.) ;2 (' E::·"'SS ~ .. ,,l\l ·r ··, [•JI E 1 L. NO RESF'ONSE COUNTS AS "lf\J FAVOR" OF l"RClJE'CT-To have you,· vote count, please Return This Card By tviARCH 2£5,2003 Project Title: f'DGEWATER, THOMPSON TO WILCOX Project Description MILLINC, & RESUF~FACING INSTT~UCTIONS If you wish to have your written vote included as part of the tabulation of votes fo1-wmded lo the City Commission for the scheduled public hearing, please rnturn this card by tho date indicated above, To use this response card please indicate wheH1er you Oppose or Favor this special assessment prnjec!, 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 rnverse side is showing. lle sure to seal the form with a small piEJC'-' of tape or staple prior 1o mailing. IF' YOU DO f\JOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOI~" OF PROJF'CT. ,l\~_sessment lnformatior1 Property Address: 1827 EDC,EWATER ST Parcel Number 24-205-725-0006-00 1;~,1Hb ®>1Jefo111 =• ~r · /.\ssoEsab!e Frontage: 50 Feet £DOZ S2§ 8iv~ $12.23 per Fool Estirmited Front Foot Cost: CJ3/\1303ti -.-~----=-- EST!l\>1/\TED TOTAL COST $611.50 Pmpe1·ty Description i CITY OF MUSl<EGON REVlj'ED PLAT OF '1903 BU< 725 NE 1J7 FT OF LDT 6 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Pavin(J Project. March 25, 2003 Dear City Commission, This letter is in regards to the proposed special assessment district on Edgewater Street from Thompson to Wilcox. I am the owner of property located at 1835 Edgewater Street within this district and would.like you to know that I am not in favor of this proposal. Sincerely, ) 7 .., ) i,Z-c:/, tv1.,A.. C2., lP1 ' Haro Id Zachariason 1835 Edgewater Street Muskegon MI 49441 RECEIVED MAR 2 5 2003 City Clerks Office H-1552 EDGEWATER ST., THOMPSON ST. TO WILCOX ST. PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATIQN EflaI P!;;BC!;;~T&:21;; TOTAL NUMBER OF PARCELS -14 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 748.500 ,....., 7 1842 EDGEWATER 24-205-725-9999-05 49.00 9 1799 EDGEWATER 24-205-725-0002-00 65.00 10 1805 EDGEWATER 24-205-725-0003-00 100.00 FRONT FEET OPPOSED 474.50 63.39% 3 1812 EDGEWATER 24-205-725----9999-01 50.00 12 1819 EDGEWATER 24-205-725-0005-00 60.00 RESPONDING FRONT FEET IN FAVOR 49.000 6.55% 13 1827 EDGEWATER 24-205,.725-0006-00 50.00 5 1828 EDGEWATER 24-205,.725----9999-03 50.00 NOT RESPONDING- FRONT FEET IN FAVOR 225.000 30.06% 6 1834 EDGEWATER 24-205-725-9999-04 50.00 14 1835 EDGEWATER 24-205-725-0007-00 49.50 TOTAL FRONT FEET IN FAVOR 274.000 36.61% TOTALS 49.00 474.50 TABULATED AS OF: 05:05 PM 3/25/035:05 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON EDGEWATER.xis Commission Meeting Date: March 25, 2003 ;;)._00 3 - ;t_q ~ Date: March 11, 2003 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Resolution of Commitment and Cooperation from the City of Muskegon for the Mainstreet Program SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC) currently has a local Mainstreet designation. Funding has come from both the Downtown Arts and Entertainment District and NIC. The opportunity is now available to apply for a State Mainstreet designation. This would allow for direct training and other benefits from the National Trust for Historic Preservation Mainstreet program. NIC will be making application to the State for this designation. The attached resolution lends the commitment and cooperation of the City of Muskegon in this effort. FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind services through the Planning and Economic Development staff (e.g., mapping, printing). · BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign. Resolution No.2_003- 29 (a ) MUSKEGON CITY COMMISSION RESOLUTION OF COMMITMENT AND COOPERATION FROM THE CITY OF MUSKEGON FOR THE MAINSTREET PROGRAM WHEREAS, The Muskegon City Commission supports the National Trust for Historic Preservation Mainstreet program approach; and, WHEREAS, this is a four-point approach which includes organization, design, historic preservation and economic restructuring, which, over the past 35 years, has been instituted in nearly 1,600 communities in 38 states, spurring a total investment of $16 billion and the creation of 56,000 new businesses and 226,000 new jobs into traditional downtown business districts in America; and, WHEREAS, the Neighborhood Investment Corporation and the Downtown Arts and Entertainment Committee have partnered to form a local Mainstreet initiative for Western A venue and the Third Street corridor; and, WHEREAS, the Michigan Economic Development Corporation is offering a State designated Mainstreet program, which would strengthen and add to the existing local program; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon, provide it's support for an application through the Neighborhood Investment Corporation for a State Mainstreet designation. BE IT FURTHER RESOLVED that, if such designation is granted, the City Commission shall lend it's commitment and cooperation to the State designated Muskegon Mainstreet program, as it currently is doing for the local Mainstreet program. AdoptedthiS.25.t.h.Of March, ·200 3 AYES: o NAYS: O ABSTAIN: o CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on ·. March 25, 200The 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 Commission Meeting Date: March 25, 2003 Date: March 13, 2003 :Loo~- ;;i.ct b j To: Honorable Mayor & City Commission , ,(i\ From: Planning & Economic Development Departme~ RE: Sale of Buildable Vacant Lot on Muskegon Avenue SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 354 W. Muskegon (designated as parcel number 24-205-336-0012-00) described as LOT 12 & THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON to Theresa L. Moye, of 2183 Larue Street, Muskegon, Ml 49441 . The lot is 79.5 X 132 ft. and is being offered to Theresa L. Moye for $1,000. She plans to move a home from 341 Bauer to this vacant land. The value of the lot was set at $1 ,000 by the Historic Home Infill Program. FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: 3/13/03 · Kundinger, Gail From: Brubaker-Clarke, Cathy Sent: Monday, March 24, 2003 1:34 PM To: Schrier, John (attorney); Moore, Brenda; Anguilm, Lonna; Lazor, Brian Cc: Mazade, Bryon; Kundinger, Gail Subject: RE: Historic In-fill This is actually Brian's agenda item, although Brenda is working on it, too. Given the complications involved, I suggest that both Brian and Brenda make the presentation (or Brenda should at least go up front for back-up and possible questions). -----Original Message----- From: Schrier, John (attorney) Sent: Monday, March 24, 2003 2:28 PM To: Brubaker-Clarke, Cathy; Moore, Brenda; Anguilm, Lonna Cc: Mazade, Bryon; Kundinger, Gail Subject: Historic In-fill I am not sure which one of you is making the presentation, so I am communicating with all three. Two comments on the cover sheet: 1) Unless you are planning to bring the purchase agreements back to the City Commission once signed by the buyers, you may want the City Commission to authorize the Mayor and Clerk to sign the purchase agreements Tuesday night; and 2) As to the property that is being bought and will then be re-sold to a city employee, the City Commission needs to declare, and the minutes need to reflect, that it is in the best interests of the City to sell the property to the person involved, despite the personal financial interest of the city employee. It will require a unanimous vote of the City Commission. "Kundinger, Gail From: Moore, Brenda Sent: Monday, March 24, 2003 2:36 PM To: Schrier, John (attorney); Brubaker-Clarke, Cathy; Anguilm, Lonna Cc: Mazade, Bryon; Kundinger, Gail Subject: RE: Historic In-fill I will be at the meeting. On #2, Brian rewrote the resolution to reflect the "best interest" language. Thanks for the help. -----Original Message----- From: Schrier, John (attorney) Sent: Monday, March 24, 2003 2:28 PM To: Brubaker-Clarke, Cathy; Moore, Brenda; Anguilm, Lonna Cc: Mazade, Bryon; Kundinger, Gail Subject: Historic In-fill I am not sure which one of you is making the presentation, so I am communicating with all three. Two comments on the cover sheet: 1) Unless you are planning to bring the purchase agreements back to the City Commission once signed by the buyers, you may want the City Commission to authorize the Mayor and Clerk to sign the purchase agreements Tuesday night; and 2) As to the property that is being bought and will then be re-sold to a city employee, the City Commission needs to declare, and the minutes need to reflect, that it is in the best interests of the City to sell the property to the person involved, despite the personal financial interest of the city employee. It will require a unanimous vote of the City Commission. ResolutionNo. 2003-29 (b) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 354 W. MUSKEGON AVENUE IN NELSON NEIGHBORHOOD FOR $1,000. WHEREAS, Theresa L. Moye, has placed a $400 deposit for the parcel designated as parcel number 24-205-336-0012-00, located at 354 W. Muskegon Avenue; WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; WHEREAS, the sale is consistent with the Historic Home Infill Program; WHEREAS, the sale has a unanimous vote declaring that the best interests of the City are served despite a personal interest direct or indirect. NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-336-0012-00, located at 354 W. Muskegon Avenue be sold to the above-mentioned buyer. LOT 12 & THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON; Adopted this 25th day ofMarch, 2003 Ayes: 7 Nays: 0 Absent O CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on March 25, 2003. ~ / By -Q~ Gail A. Kundinger, MMC, Cle r Vacant Buildable City-Ovvned Lot N 354 W. Muskegon Avenue W❖E s ··1/ ,,,,,;,,. ,-<· / / ,/ / / /( I;> '•,," . // _./' .,:./ / ! ' / / ,/·,,4 / / ,-f i ,! ~ ,/{ /// / _,,./ .{. L.-1.____J -:./ /.,. /. :' '\ ;,,v/ , _, , '._,,//,, // / / ,,.,, / /, '· . ,;_ ;.( i / / ./ ,.., '?-~ ~ / /4 . ~ ', .,,./,/ ' / / \ __ .,,,/ /. , ,)'/ ./ ' / ~/-/ . _/ Ll ,~ / ' •<' .. .' · ..1// . /.' y'y_,v / ,,./ \/ ,_" . .J' ./ ✓/// /--<~ . . ' /'; j) X / / / .✓ \.\/ . ·. •. / //;. .,,,::-i' '., . /./,,'.'.'.·(.:;1 H. I. --., : .// /\ /•. ~ \ \, .\'l\ . \ \ ' ' ,,. \ d . \ ·. 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REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made March 25 , 2003, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 TeITace, Muskegon, Michigan 49440 (ASeller~), and THERESA L. MOYE of2183 Larue Street, Muskegon, Ml 49441 ("Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: LOT 12 & THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON (354 West Muskegon Avenue) Subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Consideration. The purchase price for the Premises shall be One Thousand and no/I 00 Dollars ($1,000.00) payable in certified funds to seller at closing. Buyer shall also relocate an historic house to the property, which is deemed to be a public benefit. 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer, ten (10) days prior to closing, a commitment for title insurance, issued by LandAmerica Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days ofw1itten notification thereof. If Seller fails to resolve such restrictions or remedy the 0: Planning: COMMON Property Buildablc Lot Sales 2003 Bui!dablc Loi Sales"Thercsa Moye AT2.1! I.DO(' title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. 5. Covenant to Relocate and Refurbish and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to relocate and refurbish on the premises a single-family historic home, up to all codes, within eighteen (18) months of the closing of this transaction. Buyer fu11her covenants that: a. the home shall be moved from 341 Bauer Avenue, Muskegon, Michigan; b. the name of the house mover and time schedule for moving the house will be provided to the Seller prior to the day of closing. If said schedule is unacceptable to the Seller, in its sole discretion, Seller may refuse to close; c. Buyer shall provide Seller proof of financial capacity and legal ability to move the structure currently located at 341 Bauer Avenue, Muskegon, Michigan. If said proof is unacceptable to Seller, in its sole discretion, Seller may refuse to close; d. upon completion of refurbishment, Buyer shall contact the City Building Inspector to request an inspection of the premises; and e. the home shall be owner occupied for five (5) years after the property is in compliance with all building codes. The covenants in this paragraph shall survive the closing and run with the land. 6. Enforcement. In the event that paragraph 5 is violated, the prope11y and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer except Buyer may change the name of the house mover with prior consent of Seller, and Buyer may change the time schedule for moving the house in the event of inclement weather or other unpredictable conditions outside Buyer's control provided that Buyer must complete the move as soon as practicable. 7. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. Ifno survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial vaiiation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full tennination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 8. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL 0: .Planning COMMON Prop,my Uuildah!e l.01 Sales 2003 Huildahk Lot Sale:; Thcre~a Moye ATB I I.DOC' ( OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE FOUND. 9. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other hannless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. 10. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ _ , 2003 ("Closing"). The Closing shall be conducted at LandAmerica Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. I3. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 14. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the amount required by law. In addition, Seller shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the Premises, to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. 0: Planning COMMON Property I3uildablc Lol Sales 200] Buildable Loi Sales Theresa Moye .A TD I J.OOC 15. General Provisions. a. Paragraph Headings. The paragraph headings are inse11ed in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the pat1ies. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, waiTanties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. 0: Planning·COMMON rropcrty' Dui!dab!c Lot Sales 20()] Buildablc Lot Sales Theresa Moye AT2.~l I.DOC h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: SELLER: CITY By -::i::.,e,1e l)-,,_,,.,,ps;"- d1,cea .lf-t:6-1 .·e..' ' Gail A. Kundinger, MMC, Clerk BUYER: < 0,·,~~ C Lu- O:\Planning COMMON Property Buildablc l.01 Sales 200.1 Duildablc Lo! Sales Thmsll J\loyc AT2,~ I I .DOC QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to THERESA L. MOYE of2183 Larue Street, Muskegon, MI 49441, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: LOT 12 & THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON (354 West Muskegon Avenue) for the sum of One Thousand and no/100 Dollars ($1,000.00) and other valuable consideration. PROVIDED, HOWEVER, Grantee, or its assigns, shall relocate and complete rehabilitation ofone (I) historic single family home from its current location at 341 Bauer Avenue, Muskegon, Michigan to 354 Muskegon Avenue, Muskegon, Michigan within eighteen ( 18) months after the date hereof. Grantee covenants that the parcel described above shall be improved with not more than one (1) single family home, which shall be owner-occupied for five (5) years after complete rehabilitation of said home. These covenants and conditions shall run with the land. "Complete rehabilitation' 1 means: (1) issuance of a residential building pennit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building pcnnit. In default of any of the covenants and conditions herein, at the sole discretion of the City of Muskegon, title to the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its assigns. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this 25th day of~~M_a_r_c~h_ _ _ , 2003. Signed in the presence of: ,JJtJLILc.. _jJ£n11lJ...s;,:,OcJl/.______ By '5] n e t)., "':/s t1 U Steph . 1 vr/oicilcJ / / ~hfq ;?, /4-£ f IN,.. and ilcl,J:'_ ,. . ,~=--.J!.w.-aJI/'--../ Gail A Kundinger, MMC, Its C!erk d O:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2003 BUILDABLE LOT SALESITHERESA MOYEIAT2311.DOC STATE or MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this c--"'<01/, day of .fl½ cc/? , 2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City. /) lo C/l PREPARED BY: John C. Schrier ..,'---_--'' Notaty Public -'dflLUL~"'-'--L12-'-r-"-f-'I'-' Pannenter O'Toole Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 7- ,;,S -O 6 Muskegon, MI 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees 0: .Planning COMMON Property Buildablc Lot Salcs-2003 Buildab!e Lot Sales Theresa Moye AT2311.DOC SURVEY WAIVER Date: June 18, 2003 RE: 425368 To: City of Muskegon Property Address: 933 Terrace P.O. Box 536 354 W. Muskegon Ave Muskegon, MI 494430536 Muskegon, Michigan 49440 County: Muskegon \fa, the undersigned, purchasers and sellers, of the above captioned property, acknowledge we have been strongly advised by you to obtain a land survey sho\'./ing the dimensions of the property and the location of all buildings situated thereon. We have decided, completely of our own volition, not to obtain a survey and wish to complete the transaction without the recommended survey. We hereby release City of Muskegon and, its employees and/or agents, from any responsibility and/or liability concerning or pertaining to survey matters, including, but not limited to size of lot or land, location of boundary line, location of building and encroachments. PURCHASER(S): SELLER(S): ~J-;:\t.LLM Theresa L. Moye £ Uei.vu-= \/]/L" r -.City of Mus keg on ,e. BY //iC~. Brian Lazor ,Sslstant Planner LANDAMERICA TRANSNATION TITLE INSURANCE 570 Seminole Road Muskegon MI 49444 Date: June 18, 2003 Escrow Number: 425368 Property Address: 354 \.I. Muskegon Ave Muskegon, Michigan 49440 SE LLER'S STATEMENT DEBIT CREDIT Purchase Price I• I• 1,000.00 I I I I EXISTING LOAN I I Deposit of earnest money I 400.00 I CLOSING FEES I 300.00 I OWNERS PREMIUM I 190.00 I Real Estate Co11Y11ission I I Sub Total I• 890.00 I• 1,000.00 Amount due Seller $ 110.00 TOTALS $ 000.00 $ 1 000.00 ********************************************************************************************************************************** The undersigned Sellers acknowledge Receipt of a copy of this statement and agree to the correctness thereof, and ratifies the disbursement of the funds as stated therein. Sel\er(s) Slgnature(s): AFFIDAVIT OF TITLE STATE OF MICHIGAN } Title Commitment# 425368 }SS COUNTY OF Muskegon } That City of Muskegon a Municipal Corporation being first duly sworn on oath says that they are the true and lawful owner(s) of the premises located at: 354 W. Muskegon Ave Muskegon, Michigan 49440 AND I. That on this date hereof there is no mechanic's lien on the property and that no work has been done, or materials furnished, out of which a mechanic's lien could ripen. 2. That no agreement is in effect which would adversely affect the title to the property such as a purchase agreement, lease, land contract, option, etc. other than the contract with the grantees in a certain deed of even date hereof. 3. That the parties in possession other than the affiant(s) are bona fide tenants only and have no other interest in the premises whatsoever. 4. That there are no judgments or liens against affiant(s), including income tax liens, adversely affecting the title to said property, 5. That there are no unpaid taxes, special assessments or water bills outstanding other than those shown on the closing statement. 6. That any overlooked, unknown, or misquoted taxes, special assessments, water bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as soon as informed of such. Seller(s): City of Muskegon BY /7 /0 _-- Btianlazor, Assistant Planner Subscribed and sworn to, before me a Notary Public, this 18th day of June, 2003 MELINDA K. PRAUSE Natal)' Public, Muskegon County, Michlgru1 L4lfl.of1rita ✓-814,/Jp My Commission Expires 05/08/07 Notary Public _ _ _ _ _ _ _ County My Commission Expires: ~00°3-;;1...ct_ C..-) Commission Meeting Date: March 25, 2003 Date: March 13, 2003 To: Honorable Mayor & City Commission From: Planning & Economic Development Departmen® RE: Sale of Buildable Vacant Lot on Muskegon Avenue SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 362 W . Muskegon (designated as parcel number 24-205-336-0011-00) described as THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON to Millie Ortiz and husband Kenneth Richardson, of 1158 Walnut Grove, Muskegon, Ml 49441 . The lot is 79.5 X 132 ft. and is being offered to Millie Ortiz and husband Kenneth Richardson for $1,000. She plans to move a home from 1077 Pine Street to this vacant land. The value of the lot was set at $1,000 by the Historic Home Infill Program. FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: 3/13/03 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made March 25 , 2003, by and between the CITY OF MUSKEGON, a municipal c0111oration, with offices at 933 Te1rnce, Muskegon, Michigan 49440 (ASeller~); and MILLIE ORTIZ and KENNETH RICHARDSON of 1158 Walnut Grove, Muskegon, MI 49441 ("Buyer"). I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically desc1ibed as: THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5' OF LOT I 0, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON (362 West Muskegon Avenue) Subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Consideration. The purchase price for the Premises shall be One Thousand and no/100 Dollars ($1,000.00) payable in certified funds to seller at closing. Buyer shall also relocate an historic house to the prope1ty, which is deemed to be a public benefit. 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller plior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer, ten (I 0) days prior to closing, a commitment for title insurance, issued by LandAme1ica Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restlictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in wliting of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten(] 0) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the 0: Planning COMMON Property Buildablc Lot Sales 200J Buildable Lot Sales Millie Ortiz AT2J 14.DOC title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. 5. Covenant to Relocate and Refurbish and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to relocate and refurbish on the premises a single-family historic home, up to all codes, within eighteen (18) months of the closing of this transaction. Buyer further covenants that: a. the home shall be moved from 1107 Pine Street, Muskegon, Michigan; b. the name of the house mover and time schedule for moving the house will be provided to the Seller prior to the day of closing. If the time schedule is unacceptable to City in its sole discretion, City may refuse to close; c. Buyer shall provide Seller proof of financial capacity and legal ability to move and rehabilitate the structure currently located at 1107 Pine Street, Muskegon, Michigan. If said proof is unacceptable to Seller, in its sole discretion, Seller may refuse to close; d. upon completion of refurbishment, Buyer shall contact the City Building Inspector to request an inspection of the premises; and e. the home shall be owner occupied for five (5) years after the property is in compliance with all building codes; The covenants in this paragraph shall survive the closing and run with the land. 6. Enforcement. In the event that paragraph 5 is violated, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer except Buyer may change the name of the house mover with prior consent of Seller, and Buyer may change the time schedule for moving the house in the event of inclement weather or other unpredictable conditions outside Buyer's control provided that Buyer must complete the move as soon as practicable. 7. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. Ifno survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 8. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL 0: Planning COMMON Property Bui!dablc Lot Saks 200~ Bui!dabk Lo1 Snlcs Millie Ortiz AT2:\l4.DOC OPERA TE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE FOUND. 9. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other paity is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other hannless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. 10.Closing. The closing date of this sale shall be on or before - - - - - - -, 2003 ("Closing"). The Closing shall be conducted at LandAmerica Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 14. Cost~. Seller shall be responsible to pay the Michigan transfer tax, if any, in the amount required by law. In addition, Seller shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the Premises, to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. I 5. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. 0: Planning COMMON Proper1y 8uildah!e Lot Sales 2003 Buildablc Lot Sales Millil· Ortiz A1'2314.DOC b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e Successors. All terms and conditions of this Agreement shall be binding upon the patties, their successors and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be constmed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instmment provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. O:'.Planning\COMMON .Property Buildubk Lot Si-lies 2003 Buildablc Lot Saks Millie Ortiz AT2314.DOC h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above w1itten. WITNESSES: Gail A. Kundinger, MMC, Cler~ BUYER: C / Kenneth Richardson O:\P!anning COMMON Property Buildabk Lol Saks 200J 8uiklnblc Lot Snks Millie Ortiz AT2J 14.DOC QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to MILLIE ORTIZ and KENNETH RICHARDSON of 1158 Walnut Grove, Muskegon, Ml 49441, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON (362 West Muskegon Avenue) for the sum of One Thousand and no/I 00 Dollars ($1,000.00) and other valuable consideration. PROVIDED, HOWEVER, Grantee, or its assigns, shall relocate and complete rehabilitation ofone (1) historic single family home from its cun-ent location at 1107 Pine Street, Muskegon, Michigan to 362 West Muskegon Avenue, Muskegon, Michigan within eighteen (18) months after the date hereof. Grantee covenants that the parcel described above shall be improved with not more than one (I) single family home, which shall be owner-occupied for five (5) years after complete rehabilitation of said home. These covenants and conditions shall run with the land. "Complete rehabilitation" means: (1) issuance of a residential building pem1it by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Directorof Inspections, substantial completion of the dwelling described in the said building pennit. In default of any of the covenants and conditions herein, at the sole discretion of the City of Muskegon, title to the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its assigns. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this 25thdayof March ~ - - - - - - ~,2003. CITY OF MUSK By'.-::cs::::;;:~~E*~~/ Steph .'4'---'f-'=in"~++:"' ~---- i-- and,~===~1'----"sc--c-+::.._--'---c"t O:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2003 BUILDABLE LOT SALES\MILLIE ORTIZIAT2314.DOC STA TE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this _,;,?{, ;/, day of /1l1 1 c /2 , 2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. 1 ~ . 17-/4 -/>' !/17.ll · -lU1 PREPARED BY: John C. Schrier z,ji;s,.7{;/~ ~ Notary Public Pam1enter O'Toole Muskegon County, Michigan 175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 1/ -· d~C- ,:, { Muskegon, MI 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees 0: Planning C01'vlMON Property 13uildable Lot Sales 2003 Buildablc Lo! Sales Millie 011i7.AT2314,DOC Resolution No.2003-29 c) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 362 W. MUSKEGON AVENUE IN NELSON NEIGHBORHOOD FOR $1,000. WHEREAS, Millie Ortiz and husband Kenneth Richardson, have placed a $400 deposit for the parcel designated as parcel number 24-205-336-001 l-00, located at 362 W. Muskegon Avenue; WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; WHEREAS, the sale is consistent with the Historic Home Infill Program; NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-336-0011-00, located at 362 W. Muskegon A venue be sold to the above-mentioned buyer. THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON; Adopted this ~ day of March, 2003 Ayes: 7 Nays: o Absent o Attest: , Gail A. Kundinger, MMC, Cl rk CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on March 25, 2003. By: tla.11 Q Gail A. Kundinger, MMC, Cl ( Commission Meeting Date: March 25, 2003 Date: March 14, 2003 To: Honorable Mayor and City Commiss?1~ s From: Planning & Economic Development~ ? ) RE: Rezoning request for property located at 808 Oak Ave. (NE comer of Oak Ave. and Getty St.) SUMMARY OF REQUEST: Request to rezone property located at 808 Oak Ave., at the NE corner of Oak Ave. and Getty St., from R-1 , Single-Family Residential to RM-1 , Low Density Multiple-Family Residential. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map and Master Land Use Plan. COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the request at their 3/13 meeting. The vote was unanimous. 3/14/2003 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING March 13, 2003 Case 2003-3: Request for a rezoning from R-1, Single Family Residential to RM-1, Low Density Multi-Family Residential. (tabled) BACKGROUND Applicant: Ron Boeringa Owner: James Bultema Address/Location of Subject Property: the northeast corner of Getty Sh·eet and Oak Avenue Current Use: vacant greenhouse Current Zoning: R-1 single-family Proposed Zoning: RM-I, low density, multi-family. STAFF OBSERVATIONS I. In the past few years, this property has been the subject of a B-4 rezoning request, a use variance request, and a Planned Unit development request (all for a mini-storage facility and all denied). 2. The subject property is located within two different zoning districts, R-1 and OSC. The property has frontage along Getty St., as well as Oak Ave., and contains a pmiion of the Ryerson Creek ravine in the rear pmiion, and along the Getty St. frontage. 3. There is a vacant business located on the R-1 pmiion of the subject property, Vanderstelt Greenhouses. This existing use is non-conforming. There has been some asse1iion that this property is difficult to develop, because of a significant slope and floodplain, which limits design options. 4. During one of the previous cases on this prope1iy, staff suggested that if the owner felt single- family zoning was inappropriate for the site, perhaps a PUD under an RT or R-1 zoning would allow some flexibility on how structures were placed on site. 5. This request only involves the single-family (R-1) area and not the OSC designated area of the parcel. The applicant is proposing a low-density multi-family development (4-plexes) although the district permits three stories and 16 units per acre. 6. The OSC portion of the parcel could be part of the required 15% open space in a RM-I or PUD development. 7. Staff asked if the development was intended to be "market rate". The applicant indicated that was his intent, but the applicant is not obligated to make it "market rate." City of Muskegon Planning Commission - 3/13/03 I 8. The Future Land Use Map shows a small portion of the subject property, right on the corner of Getty St. and Oak Ave., to be Single & Two-Family Residential. The rest of the subject property is shown as Open Space. 9. The Master Land Use Plan states: • Ryerson Creek and Fourmile Creek traverse the sub-area [12]. These systems provide wildlife habitat, greenspace, and help to identify the area's character. It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while setting aside small segments suitable for commercial and industrial uses in a highly compatible, non-threatening fashion. • Strip commercial development of a mixed variety is found along Apple Avenue near the US-31 and Getty Street intersections ... An industrial area is located near the intersection of Getty Street with Seaway Drive (Skyline Drive). This area is situated directly across ji·om the Teledyne Continental Plant. The industrial area is isolated/buffered by woodlands and wetlands associated with the Muskegon River. 10. The Master Plan recommends for this sub-area: • Clustered commercial development should be confined to the US-31 and Getty Street intersections, consistent with similar development ident/fied in Sub-Areas 3 and 4. 11. The subject property is located several blocks north of the more commercialized Apple Avenue corridor, and is almost completely sunounded by residential uses and some vacant, open space behind. The Master Plan clearly recommends that the focus of the area stay residential. ORDINANCE EXCERPTS R-1 Single-Family Residential These districts are designed to be composed of low density residential development. The regulations are intended to stabilize, protect, and encourage the residential character of the disrt·ict and prohibit activities not compatible with a residential neighborhood. Development is !united to single family dwellings and such other uses as schools, parks, churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize that the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently urbanized communities, and the standards in Section 2100 reflect residential development standards that the citizens of Muskegon find to be compatible. SECTION 400: PRINCIPAL USES PERMITTED In R, One Family Residential, Districts no buildh1g or land shall be used and no building shall be erected, sh·ucturally altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this Ordinance; I. One Family detached dwellings. 2. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but are not limited to the following: [amended 11/02] City of Muskegon Planning Commission - 3/13/03 2 2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred (1,500) feet from any other similar facility. [amended 11/02] 3. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted. 4. Uses similar to the above Principal Uses Permitted. SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02] The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning Commission: 1. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit swimming pool clubs, all subject to the following conditions: [amended 2/02] 2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education not operated for profit, all subject to the following conditions: 3. Churches and other facilities normally incidental thereto subject to the following conditions: 4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such uses are set back thirty (30) feet from any lot in a residential zone. 5. Cemeteries. 6. Previously existing or established commercial uses not already converted to a residential use may be authorized under Special Use Permit for the following [amended 12/99]: 7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses Permitted. 8. Uses similar to the above Special Land Uses Permitted. ARTICLE VII- RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS PREAMBLE The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the lower density One Family and Two Family Residential Districts, and MHP Mobile Home Park Districts. SECTION 700: PRINCIPAL USES PERMITTED City of Muskegon Planning Commission - 3/13/03 3 In an RM-I Low Density Multiple Family Residential District no building or land shall be used and no building shall be erected, structurally altered, or occupied except for one(!) or more of the following specified uses, unless otherwise provided for in this Ordinance: I. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the lot area, yard, and floor area requirements for one (l) and two (2) family dwellings equal to at least the requirements of the immediately abutting residential district. 2. Multiple dwellings and row houses for any number of families. 3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot in any residential district. 4. Tourist homes having not more than two (2) guest rooms provided the premises fronts on a street which is officially designated as a major thoroughfare or collector thoroughfare. 5. Rooming houses with a capacity ofnot more than three (3) roomers. 6. Churches and other facilities normally incidental hereto subject to the following conditions: 7. Home occupations ofa non-industrial nature may be permitted. Permissible home occupations include, but are not limited to the following: [amended 11/02] 8. Foster Care Small Group Homes. [amended 11/02] 9. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses. 10. Uses similar to the above Principal Permitted Uses. SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning Commission: 1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers, or other professional persons; real estate, insurance, credit service (other than loan) offices and similar businesses supplying services instead of products when determined by the Planning Commission upon application to it, to be consistent with the nature and condition of neighboring uses and structures. 2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the activities of which are conducted by mail, and which are not displaying or handling merchandise or rendering service on the premises. 3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet from any other lot in any residential district. City of Muskegon Planning Commission - 3/13/03 4 4. The office of a resident physician, dentist, architect, engineer, attorney, or similar professional person when located within his dwelling, provided that not more than one (I) person not a resident in said dwelling is employed in such offices. 5. Hospitals, sanitariums, and convalescent or nursing homes. 6. Adult Foster Care Large Group Homes, provided that such facility shall be at least one thousand five hundred (1,500) feet from any other similar facility. [amended 11/02] 7. Previously existing or established commercial uses not already conve1ted to a residential use may be authorized under Special Use Permit for the following [amended 12/99]: 8. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted. 9. Uses similar to the above Special Land Uses Permitted. DELIBERATION Criteria-based questions typically asked during a rezoning include: 1. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent which might result from the approval or denial of the petition. 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved. 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property. 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City. 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. 7. Is the proposed zoning change a "Spot Zone"? City of Muskegon Planning Commission - 3/13/03 5 a. Is the parcel small in size relative to its surroundings? b. Would the zoning change allow uses that are inconsistent with those allowed in the vicinity? c. Would the zoning change confer a benefit to the property owner that is uot generally available to other properties in the area? d. A spot zone is appropriate if it complies with the Master Plan. City of Muskegon Planning Commission - 3/13/03 6 CITY OF MUSKEGON RESOLUTION #2003- 2 9 (d ) RESOLUTION OF DENIAL FOR REZONING REQUEST WI-IEREAS, a request to rezone property located at 808 Oak Ave., at NE comer of Oak Ave. and Getty St., from R-1 , Single-Family Residential to RM-1 , Low Density Multiple-Family Residential was considered by the Planning Commission, and; WHEREAS, a public hearing on the request was held by the Planning Commission on March 13, 2003, and; WHEREAS, the Planning Commission recommended denial of the request because it is not consistent with the future land use map and Master Land Use Plan; NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied. Adopted this 25 th day of March, 2003. Ayes: 7 Nays: o Absent: o I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, a regular meeting held on March 25, 2003. 3/14/03 2 I City of Muskegon N Planning Commission w-""-- -y-1 ei Case# 2003-03 $ =r-i :_I I . I-er, I I I j< 'r--i hi ·-~~--"-------+----'-----L~ I 'I I I ~I ' :<I:- I I II lf\MESAV - _J Ii ! L___LJ I L, I I ir------1 ~I I II I I ' I I I I I I I ~ "~.1'•' 'M ov=:: ~ , I I i,Jj 'E\ I I I 11---i ~I . I I I I I _J ~-~ 1 1:;j , · · I , 1 I I -bee~ I , I 1 ~ I I wI w ' ~ ,---Af.BEllIA ~ C----------j I ' • 1---" 1 I c____l ; I ' I I I I i---, I I ,- I I I _I ~- I I lg 1/;; I I , ! ! I I I I I I I I~ RT-1 I I I .,, I" I I ~~- c------+--'---cl I I i'.li _ I Ii J Iw ~LBElj,""'(----, I I I ' U_ R-1 I I I I I IJ! I oil R1 I I I I 1~1'7-m 1 c..___j I I 7' II . I I I I I · - I · OS~ _I_ 1 1_ , -'-· - I :I,I I i I f------1 i RM-1 I I iI RM-1 : 1 I I I • = Subject Property(ies) I ___;_i__l_,J I e-Up i=7 0 = Notice Area ! H"'::J I , " -II . R-.1 f ! R-1 = Single-Family Residential osc I I RT = Two-Family Residential I RM-1 = Low Density Multiple-Family Residential I OSR = Open Space Recreation OSC = Open Space Conseivation o~c I ~7 osc i I ! ,_ :? ~~ ~ I---' ----------J 1 I ! ,----c I~ 111 ~ i ! ~e-----j ,I I I c____J_____ I I! I 1, ~ '----I I 1""I I I I I '-,, ,1 i R-1 ~ r I i I' I I I _1 ,I R-1 I1 '1 ·' __! I I i " ! I I i ! i I i 1AMITY AV I' I' '------7 II iI II IWI I I I I I I i I I~ ,, I I I I 1' I I i I ,' l i = ! I I ! I II ,-1, I ~II ii _I~ I I I I I 1' , T I I I I I 1 I 1' I ; 'I'' 1 II~ I I ~I 11 I I 1 1 I I I, II I _! r-------'1 1 1 . C----7---4---.,~ri-~~h,~~ 1 , . I I I ! I ' I I i L 1_!_1_1 ! I I I i I, I II I H I ....,_____J ! I I I! I I I I I ~--~~ 'I 1 1 i~ ALLENAV ' 1 I I I ." . i rlh I i ~ r' I L___l 11,' ,1 I I / I 1 I ~ '-, ! I II I I I I I ! I I ! '[Tl 1 ,8'1, ii k '~!®1~--~I ·,· ~ __J 900 0 900 1800 Feet r· DATE: March 14, 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). Due to an error in notification of the owner, this case is being brought back to you for consideration. 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 responsib le 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, March 25, 2003. 1985 ~----·- -"---- .. -· ~--0- _1J,§]l t97q_ __ ,9_68__-,....1-950 ___1954 I ·1_194.6___ __.j_ 9.38_______1-1a_3,]____ jfil,!___ r_191!5 __ 1908__--, ,a!~--_ 1asa __ r_ 1a60 -r-·---11 I.. ;' ' : :· .1890 ___ -- _188:1 .; ! 1· l i I' ·. l ! i !· ,; ! I ! I I ! l i i ; ! : i : : ! I : : : • ; , i : I' I. i I ! I ~ ' 1 1~!- LL ,I ! I - ____I_ __ I -'-----'--=.__ ll 0 1985 1975 1967 1961 1953 1945 1937 ;t ,as'\ , 1933 1925 1915 1907 1889 1877 1869 1859 1853 0 Lt:.AHV r (§9 rLrrr' 9. ~ Q 1968 --- """"T -- =11954_ 193~ "" ~•v 1882 ___ "'• _ '86L . ~l 1B52 * _ 1 1 1 CY II I! I I I I' p I I 1 I i I 8 I i I I I I j I 1- ~ 1983 1975 1969 1959 1951 1CM1 ,o.,-, . -~~ .,.~~ . - 1891 1883 1875 1867 1861 1B53 ....!_W4 __ ...19.2..4_ 0 ,es, r 9 ~ ~ 4 - 193 . 0 I .. __t9.16_.._J910_ \- 1 II I . ) )' II - I l I I / - 1.--- - \ q C, t LeG.h 'l Gcu·~~~- On\"( ----· For The Inspection Department File#: 424883 City of Muskegon .FROM CITY ASSESSOR'S RECORDS OWNER: Idell Sheard PROPERTY: 1968 Leahy PARCEL NO: 24-675-026-0016-00 DESCRIPTION: Musk. Hts. Lot 16 Blk 26 FROM RECORDS OF TRANSNATJON TITLli: LIBER: 2142 & 2270 PAGE: 331 & 190 DATE OF DEED: September 1, 1998 &July 27, 1999 GRANTOR NAME & ADDRESS: Idell G, Sheard oka Idell L. Sheard aka Idell G. Brooks Sheard, 1968 Leahy St., Muskegon, MI 49442 GRANTEE NAME & ADDRESS: Idell G. Sheard, 11 single woman and Edward D. Sheard, a single man with joint and full rights of survivorship and Idell G. Brooks Sheard, a single womll!I and Hottie M. Sheard, a single woman, with joint 1111d full rights of survivorship; 1968 Leahy St., Muskegon, Mi 49442, as their interests may appear LIENS OR MORTGAGES: TODAY'S DATE: February 14, 2003 EFFECTIVE DA~TE:January 21, 2003 at 8:00 AM Abstracted by: _ l 011 ~ C1rvw ~ T NATION TITLE INSURANCE COMP ANY Tho 1bo~c in(otmOlion it u, ~ u:t~ for rtfiircnco purpD.iid unly and not ui bt: ~itd upon aa cvidaicc of 1/tlo 1U1dlor 111ncunit1W1"''· Accordinjl)', snid mlOmwtfo.n ili l\irni1hod al• reduced tLtlt!, :md lhc Comput1y'5 h11bilny sh111J in nc event vacc:cd lhc umount a,Aid for ~wld inform;ition, should nidmc\l of mlo and/<1r cncurribr.incos be dt11ired1 Application fbr title NII'"'"'° 1tw>ukl be: placed with fran~n"uon T1tlc ln,11111ncc Compw11y. • ..... ,. I L\t-2142r1tt 331 SIATE Of MICrllGAN ~OlJIITY OF MU!~EGCN ''l'lm Fnn RECORD 1918 SlP-1 I'll ) 57 (!,V.,,.t:.,. ( f p ~ Af/'3':l'D. •·r,,;; QUIT CLAIM Dl!Ell $TATUTORY FORM FOR INCMDLIAl.3 HNOWJIU. MEN BY THESE PRESENTS: Thlil IDEl.l, C SKI.ARD, A SINGLI WOl!All aka ldell L. Shaard -•lftffll'llmbor"""paa_add_lll 1968 LBlllY ST HUSICEGON, HlCHICAN 0442 QU!tl'llalmom_JIJEU. G, SHEARD;. A SilCLll l«l&ff IND EDlJARD D. l!HIWI), A Sm:LB lflll IIIt!I JOIN!: 'IIID.YlllL IIClf!Jll OF SIJIIVlVt&SIIIP, ""- - t number Ind poololllCUddflll ta 1968 u:AHX 8'DIE!T ICl)lllCB:;QI, MrQIIG&N 494'12 lhl lallowin11 d..orll>od l)llml- ol1ultad In lho CI'J:Y o1 MUSICECOK County ol MUSKEGON 111d Slllto ol Mlohlgan, - BLOCK 26 LOT 16/PLAT A OF MUS~ECON HEIGHTS, •• recorded in LIBEi 3 of PLAfS PAGES 19 to 26 inoluaive, Huakeeon 8ounty 1ecard1. lorl/le111motlXiMPr UNDER SECXION 5(o) Act 317 P.A. 1968 Dlllld 11111 let SEP'J:IIHBER 1998 Si,,.d IINIIINlod: .1_.,__;,...__,iii~::;..~,l;;..,:~R:,1:;,J,1ta1.!3<:i.4~--''"·S.) DL • SHffitl' ---1•1&ia.1.lX.i.deLlJJ.]..liJi.__!ISihbt..•Lttd..d_ _ _ _ _ (L.S,) COUNTY OF HU8KEGON TIii for19olnJJ lnll/tMMnl--14Qtd-- mo t1t1o "(1) ht tlw 0 (2) IDELL L, SHEARD -~ _,__ _ _ _ _ _ _ _ _ _"'""'(L8.) _ _ _ _ _ _ _ _ _ _ _ _ _ (LS.) ~cl SEPTl!IIBEB 1998 aka 14.eU G. Shand 'No!At: (1 )lllull dlW (2)lnMrt namo ti pellO!l(o) ~ (Grelllor) __ (S)9lpnature or P9l'10l1 takklll &cl;louw,rnem ... __,. 3. W Ille - cl It perfol'mecl _.,_llndlllolllllon, - by: R!GINALP 700HJS --cltlla- --.-. ll• ronkGltllloend- ~nttt,\k,BIT MUSXICON HTS., HI. 49444 numbll, w ..,, "' tit• - lllllnt lie -.-am • III. The Pllfllmt#III ... - aol IDILL L. SHllll) - tlte $lllt Ill - ~ 1968 LI.AJIY STl!ET ~--loflA"-d, IIIJBXl!GOI, HI. 49442"- fMRlf .... '· 11 B.'\ ~ 1inulL':,; I~ 5 ·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 Bever 5 o(9 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. 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. '{M~rrk's Robert· B. Grabinski, Director of Inspections O·\INSPECTIONS\GRABINSKI_LORRAINE\WOR01HBA MEETINGS\STANOARO FORMS\OROER TO DEMOLISH DOC CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1968 Leahy (GARAGE) 9/11102 Inspection noted: I. 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. 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. Lt.. ·J (! < - C .~ le... c; -,}--; ·(' _.,_ HENRY FA" INOWSKL BUILDING INSPECT R DATE 0:\1 nspections\Grabinski~ Lorrnine\Word,DANGEROUS BUILDING INSPECTION REPORTS•.1968 Leahy -G.doc NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: March 11, 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, 20,02 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 Thursday, March 25, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Thursday, March 25, 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 Af P~ALS ~<fi_t cL"b. ,· ·,. , , b✓Y'Je. ~ E (_OUSI~ BR. By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Robert B. Grabinski, Director of Inspections O·\INSPECTIONS\GRABINSKI_LORRAINE\WORO\CC MEETINGS\STANOARD FORMS\NOTICE OF CITY COMMISSION HEARING DOC DATE: March 14, 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). Due to an error in notification of the owner, this case is being brought back to you for consideration. 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, March 25, 2003. ·- ---·- -····- - ···-. -- f- (f) - --··· . --- ' . .·. >-' --~·- _... ..:. ~ADAMS . :··'·r . ,·· ·, AV . w . ,-, .iC~·.'·c ······;...J i I : ! . . C) .' .' . -,- ----' ___!, .... z: . <( - ~ _J ;._) 'i ,_J '.-~ <( - .--·~-- __ . .I ... _LEONARD AV : U) __; _____ j 0::: -• <(-- · ~ ,,, .. :- ··- ::. - ·-- ,· --- . ,-. - ··-'·- -~ ...... ' Cf) ) .w '_J . o:::.:_ <( I u -: __J8CKSON AV f- U) ···~ f- f--- U) - 0 (j) rY <( .---- 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 DESCRfPTION: Wly 42 ft. Lot 3 Blk 8 FROM RECORDS OF TRANSNATION TITLE LffiER: 1030 PAGE: 40 DATE OF DEED: 1anuary 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 TODA Y'S DATE: February 14, 2003 EFFECTIVE DATE: January 21, 2003 at 8:00 AM Abstracted by: ~ dµ..,, Om/}:V ~ TRA NATION TITLE INSURANCE COMPANY The abO\IO inlonn»tiol\ is IO bi: used for ,cformct purposes only 11nd 001 lll be rolled upon Wli tvidtncc <>I' 1ido •ndlor entumbn&nci:,, Accordingly, uid lnform.:ation is furnished .11t II reduced r..itc, and th~ Cornp11r1y's lillbilil)' shwl In no irvonl e.11"1:d lht 1mow.1 pWd ror ,aid lntormltion, • hould evidonco oftillo and/OJ cncumbr:.nccs be desired, uppliation ror tillc intulllllte ahl>uld bo p!K:cd wilh ·rnr.n~nu1ion Tillo llmmmcc Campi.ny. CITY OF MuSKEGON DANGEROUS BUILDING INSPECTION REPORT 465 Adams (GARAGE) 9111/02 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. r; . ~\'.'.'- ECTOR O:\lnspectionslGrabinski~Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\465 A A,,.,,,. r. rln,- 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. NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: February 13, 2003 465 Adams (Garage only) (Address of P.roperty) 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. FORJl:lE HOUSING BOARD OF APPEALS ✓ un~. By_--1---------------- Robert . Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING OIINSPECTIONSIGRABINSKI_LORRAINEIWORO\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION HEARING 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. ~~ '.<lJ:I,EALS Robeirt B. Grabinski, Director of Inspections 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH DOC NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: March 11, 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 March 25, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on March 25, 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~, HQUSIN~OAjD ~P,EALS or {crG:_t vi AlJ;~. By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Robert B. Grabinski, Director of Inspections 0 IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING DOC HBA Minutes I I /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, 1163:..~l< Ct. I 49345 angerous building inspection report was written 9/11/02. A notice an to repair or remove was issued 9/26/02. The owner called the offic /02 to noti at he is in the process of taking bids for demolition e will not be done within the s of the notice. He was sent a nr,,1"5 for this hearing to which he replied to us wit d letter statin · aisagreement with the cities procedures and he will have the bu g dalf'l'mlished. Franklin Contractors pulled a demolition permit. Mr. Brewer came to 1 of6 DATE: March 14, 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. Due to an error in notification of the owner, this case is being brought back to you for consideration. 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 fu nds. 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, March 25, 2003. C I HAM_f_L TON _ JAv---- .1 _[ \ I 86 80 0 a 0 196 0 0 -'-"~'----''"'"---- ·--------· ·----··--- -- - ~1_ - . -~ :!: _, 0, Se a· ! 'I ic-- ---i '"' I~ 1 w I ~: -- I 'i§ 'I 78 194 184 7J I, I- ·, r I i ;; ', ! I I -·- I I ·1' !' !- I ,~ I' __L. ----- ___ j ~ i i' ... ------ ' . . !~ ,. ! I ~ :~ ' . ' I ~l- ~i -- I Ii I I I .-;;; '--~--l........__-92-··' / 0 0 77 0 ,...r ----- ------------- ;; J--------~L ___ ; N -----t IN -, ---- ----- .--!-·----- ,,:::~ 1 'i ·-· - -~------- 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 Connie M. Royle, 12935 Cleveland, Nunica, Mi 49448 GRANTEE NAME & ADDRESS: Barbara B. Malmquist, 81 Hamilton Avenue, Apt.# 34, Muskegon, Ml 49441 LIENS OR MORTGAGES: 3417/396 TODAY'S DATE: September 13, 2002 EFFECTIVE DATE: August 22, 2002 at 8:00 AM Abstracted by: ~ 0. ~ ) TRANSNATIONTLE INSURANCE COMPANY The above information is lo be used for reference purposes only and not lo be relied upon as evidence of title and/or encumbrances. Accordingly, said infonnation is furnished at a reduced rate, nnd 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. .---- (Narbor Title 955 West Broadway Muskegon, Ml 49441 Title Search Case No.: 100122376 November 21, 2001 I. Beginning 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 scare bed the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject propt:rty, and find the following conveyances and undischarged encumbrances, from said beginning date to I 0/2612001. at 8:00 A.M. Documents Deeds: 1\ liscellancous: Mortgages: Liber 1226, Page 748 Liber 2239, Page 11 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.l7, if paid by November 30, 2001. Proof of payment the de! inquent water/sewer usage, due and payable to the City of Muskegon in the amount 'of $38.84, if paid by November 30, 200 I. 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, 2001. (Invoice #9815551 and 9818917) Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the arnount of$964.72, if paid by November 30, 2001. (Base amount - $692.91 )** Note: No 200 I 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 Assessrnenl Installment in the amount of $147.55) 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, ::igainst: W.\lil(,\,-..:1, Ill I I> Sl,\l"ITtlll.YIOll.~1 R I X 1 {)I{ lNllJ\'IIJllALS- . , 1· '', I - . . _ _::---:-.·.::...:=:c:.:.;;:-:··.:· -.-..:.~~-!--~-- A',"1Jh'..!/./.,I/J'.\'Hl'fl/l:S1.·1•H.L\'f-_.\'n lh:il Thomas w. Rr>yle and wife Connie M. Hoyle 111""'''t"'•·r11mu1 ..·,.1111!1""1"11 .. -,.,,,1,11,•"•' 129)5 Cleveland, Nunlca, Mlch!gan 494-'~B (-.,,,,,., .ll!<I 11,ur,,nl 1n Barbara B, Malmquist 81 Hamilton Avenue, Apt. 1nL, '-:•Jf',.l,;er;on, ~:ichi,:an 49441 "I"'''' ,u~,·1 nu111t,,·r .uul pn,1<•1!1,,· ,uldr,•" ,, 1111' f,ilh>\\11<)! iJ,,._ r,1,,·,1 J>r,•11m,·, "1u.11t·d 1u 1h,• ,_;i ty (·,,,,,,11· nl Muskegon .,ml S1.,i.· ,,1 \1,.h,~Jn. I<'·" 11 The North 44 feet of Jo-:. 8, Block J6J, H"!•.-i~ed l·lat (of !.')OJ/ of the City of Mut;ke1;011, as Recorded in Uber J )f /'~at~, Pa1::e 71, Muske,i;:;on C,·urity l!ecorJi. _::.'.'! I '' ru,11i.--11111,,1THIRTEEN ~Ot.:SANO fi'IYE HtWr.!lED « tlG/100 lJU!lAH!,; t~IJ,500 00) ea,sements and restrictions of fY!C0!"d I -I' u(. ,, ... "' A pr 11 l'I 85 S,l·u,·J ,,.,./ .\',,,/,,I 111 /"• ""', ,,1 d S.' 1I S J ,I !i I ~l",\ll: OI· \Ill.Ill!;,\\: C()L.,I\ Of OttdWd .1J !ii / •~. ,t.,. ,11 Apr1 l ·,,, 95 l'h,• l<1H'~'""~ 111,Hum,·111 "•" "~"""l,,1:,,1 h,·1,.,.· .,,.. !111• '1 It ti) •1~, Thomau W. Roylo a.nd wl.!'e Connie /'I.. Royle M) Cvm1111u1vn ,,p11~µ-<;J i _, , ,,,,_..J .:'-'rr C- P.EAl £STATE * ~ M STATE OF = ICHIGAN~'*~c·TRANlfERTAx: ,/;/);~,,; O,;t. cf Toict:c11 'Vlll·l5 ..... a I4 85 · *"'-' - - - - f&. ,. ----- * - - - - - - -- - .. ·----- - ,1 .... nol• ,,.. lallOfllnf: J. 11 1n, noUll•I ~" It pa1lo,moo;I DtJI• 11<11 lh• SUI• ol M,cn1o,1n. tn, D1•rlrd t.y: Barba.ra B. Malmqui 5 t I. Mull11 >1•lut Of ••<II m110 ••1n101 mutt 1>• ,no,uuo. 1c~no...-11<1,m~n1 m111t lho...- 11,• ""~ o, 11111 1nd ~1111 numbu, II 1nr, ol Bu1111t111dd1t\l: 81 Hamll ton Ave . .t')4 2. Tl'I• n1m1 ol •Hl'I p.t1on ,.no 1'V1'1 !1'111 ln>lrum•nl ,11111 bl li<j!bly ::::,.,~r'i." o:~1~\~~ 1!=1• o~'."n~ 0;.1,•,~~ Muskeron, Ml 49441 r,t1r.11<1. hO•""•flHn o< 1l1mp1d 01rlo,m1n, u,. nou,111 IC! DUIJldl .,poo ,u,n ,nu,um1nl 1mm00•1t11y Lill !,11l•• " ' M,cn,un "'DUld bl .,. r,1<.u1n 1n1 1>Qn1lu11 or •u<n n1,,ou h•ld U> 1n1 OUd, Barb.·.ra !:I. Mal1114ulsl ·11 ·1,1:"l CJTY OF MUSKEGON DANGEROUS Bl'ILDING INSPECTION REPORT 1129 SANFORD 9/6/02 Inspection noted: 1. 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 I. 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. ,,,,-----_ ; I .,-·-·•, f 1 ptt:'-·"~- • ,I L·. ,,,. - I \' !L./-. ' '""" ' I , } '-...! ,\_, -,, ·..:.. : . ----- -~' ROBERT B. GR/1.BINSKI, DIRECTOR OF INSPECTIONS C• 7-uI ·(', )-- DATE O:\lnspectionslGrabinski_Lorraine\Word'.DANGEROUS BUILDING INSPECTION REPORTSll 129 SANFORD.doc 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 0. 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. 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. '.J 111:-1---670) r·A.\rn.2-1214 ·\SHUOr ~)11724-6708 FAXi726-.518I Cl"mrcrr~,; ?J 1172-1---678) F AXITl6-5617 CI\U Strvln ?)11724~7l6 FAX/714--4405 Clerk 2311724-6705 FAX/7244178 Comm. & l'itlgh. November 1, 2002 Sef\·lcts 2Jll7H•6717 F AX/716-2501 Engineering 23 l/724-6707 FAX/727-li904 Robert Alberts 15924 O'Brien Court Finance 2311724-li7IJ GrandHaven,MI 49417 FAX/724---6768 fire Drpl, Re: 1129 Sanford, Muskegon, Ml !311724-6792 'AX/724-6985 Dear Mr. Alberts: ncome T•l Jl/724-6770 ,\X/724-l,768 The structure at the address noted above has been determined to be a ifo. SyslrmJ dangerous building by the City of Muskegon Building Inspector. The attached lli724-6744 \X/722--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. lsur, Sen-le, 11724-6704 X/724-1196 The previous owner notified us that you bought the house in the 1980's from nagtr's Offlte Thomas Royle and were sent the deed, but you must not have recorded it. 1724-6724 l-'AX/722-1214 Also enclosed is the inspection report, noting all violations. Mayor's Offict 231/724--6701 FA.X/722-1214 If you have any questions regarding this, please call the Inspection Department lnsprctlon Srrvlcu at 231-724-6715. 2]1/724--6715 fAX/726-2501 Plannlnit/Zonln.,; 231/724-6702 FAX/724-"790 ,8ffiTha±v3~ . Poller Drpt. lJl/724-6750 F AX/722-5140 Rirt B. Gcabicski Director Inspection Services Public Works lJ l/724-4100 • FAX/722 I 88 RBG/lg Trruur,r r- 2311724-6720 Jl FAX1724-6768 r- rr l'05!mark Wactr B11\lng Drpt ,,, Here 231/724-6718 rl FAX/724-6768 D D T,,,;,; 10,-,1;<,.::r I,. h·•.~ : :.-:: Wa1rr FUtratlon D -----~ 231/724--4106 ~D '<""1·:.·.::~(:_::_·_{. ~,\.-..-,'i:.·.\..,-_t''.·'. ~.-·-::~;i,-1~cit'~}:y·,-rZ!f_complor;,,:j by mailer) FAX/755-5290 ', '--'-'- 1-'I..S Ql. •'•'· ~:~~_) ·············· City or Muskegon, 933 Terrace Street, P.O. Bo,! g D liffii Bu1id111g Pei-n11t ,A.ppl1catio11 Street Address: Property -, ' ·. ... Number: Owners "• .. .· ,.:: .' -. ; . ::> . ., -··· ---·· '·· ' ... Name: Owners 81 HAMILTON 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 Hichue· .. : : Note: ;---····-·-·····-··· -·-······•······-··-··· ... ·----··· 1 Pc-rmil ,\pplic;1tin11 .·\ppnl\;il 11§1 fV1echa111cal Permit Applrcation Street Address: Property '. .. ; Number: Owners " ._ ..... l J :,-:. ·;- ;.."'., ·, -- .. , . _:., .. Name: Owners 81 HAMILTON AVE APT 34 Address: MUSKEGON Ml 49441 Permit No: ME-02-7101 Requested Owner by: Contractor: NIA Architect: NIA Category: MECHANICAL Permit Type: ALTERATION Type of R Building: Description: INSTALL NEW GAS FORCED AIR SYSTEM - REPLACING BOILER Dates: App Date: 0211912002 Issue Date: 02122/2002 Value: NIA Item Quantity Heating -Residential Heating System(Ducts and Hot 1.0 Water Piping) This application has been approved 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. FOl~}Jif;~~OUSING BOARD OF APPEALS By Robert U±~ ruY~~1• . Grabinski, Director of Inspections AFFIDAVIT OF SERVICE OR MAILING 0 \INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARINGDOC 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. °1;!:£":d ~~:1f,EALS / Robert B. Grabinski, Director of Inspections 0 IINSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: March 11, 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 Thursday, March 25, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Thursday, March 25, 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 THE HOUSING BOARD OF APPEALS ~ ,t< I• O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC HBA Minutes l~/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: Greg B gman Ra Mackie Clara Shepherd ry Bever 7 of9 DATE: March 14, 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 #02-40- 477 McLaughlin. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 477 McLaughlin 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: 02-40 - 477 McLaughlin Location and ownership: This structure is located on McLaughlin between Williams and Chestnut. It is owned by Judy Irish. Staff Correspondence: This structure was abandoned and vacant for more than six months. A dangerous building inspection was conducted 8/7/02. On 9/11/02 a notice and order to repair or demolish was issued. The city has had the structure boarded three times. The property was sold at a state auction in September 2002 and was purchased by Judy Irish who lives in Ravenna, Ml. Her intentions were to rehab the house and use it as a rental , but after seeing the extent of required repairs, she decided not to put that much money into the house. She tried to sell it, but couldn't. An interior inspection was conducted on 12/6/02 and the HBA ordered it demolished on 2/6/03. The owner was at the meeting, but there has been no further contact. Owner Contact: The new owner brought proof of purchase in to Inspection Department October 2002 and has cooperated with staff on allowing access for interior inspection. Financial Impact: The cost of demolition will be paid with general funds . Budget Action Required : None SEV: $14,300 (2003) Estimated Cost of Repairs: $20,000 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on Tuesday, March 25, 2003. J --~------~--,---~,-~-:=---~l__ _J~ l ___J_~LJ~~____l __ I ) 412 --~428-_____L____,432 4-38 , 4 _ 4 ~ 2 CA-TH E-RrNE"A:V-530 > ,o,~__..4_21- _4lli_ -------4Zl _4 44.9 453 o _463 _ _493 497 o 523_ _ 529 > 0 0 ro -- --- 0 m l ro 0 c----- 2! N 422 - ~ 0_ _ _ _ _=42~9____ Q__ _ _ 449 457 461 4ZL__ 489 ~4=97~-- V) ~ --- - - ct. -.J ~ _J - ,, 3 428 436 442 450 460 462 \ ,, {;, 0 r : - - - - --,- ____ N _ L __ _ _ __ of---- -- -- ~ I \---~-----__ ---1: -~-- ..-·~ -:.~•·. ,· L\77 ----~--· MICHIGAN DEPARTMENT OF NATURAL RESOURCES CERTIFICAI t: NU. 0ccIcE OF PROPERTY MANAGEMENT 50610 STA,~ LAND PURCHASE CERTIFICAT1... ,y of Section 131, Act 206, PA 1893, as amended by Pubic Act 123 of 1999, this information is required to obtain a ,rsuant to the provisions of Section 211.78m(4), Act 123 of 1999, parcels not previously sold by the foreclosing ,1ental unit shall be offered for sale for a minimum bid amount. Pursuant to Section 211. 78k, PA 123 of 1999, parcels oject to the lien of taxes levied following the foreclosure date AUCTION DATE & PLACE: 09/24/2002 - Muskegon, Michigan rV1arried 00 Single J In my name only GRANTEE NAME AND ADDRESS: cJ As husband and wife (Tenants by the Judy E. Irish .., entireties with Full Rights of Survivorship) ·,0 D As Joint Tenants and not as Tenants in 12138 Stafford Street Ravenna, Ml 49451 .- q, ·:::; - -G~ J I Common (two or more persons) D As Tenants in Common (two or more MAIL TO: persons, each owning a separate Judy E. Irish undivided interest in the whole property) 12138 Stafford Street Ravenna, Ml 49451 IT IS EXPRESSLY UNDERSTOOD, That any deed or County: Muskegon For Staff Use Only deeds issued under this application to purchase shall SALE UNITNO AMOUNT Deed Number contain the following clause: "SAVING AND RESERVING unto the People of the State of Michigan the rights of 293 $2,850.00 ingress and egress over and across all of the herein-mentioned descriptions of land lying along any Preparer watercourse or stream, pursuant to the provisions of part 5, Act 451, PA 1994, as amended. Further, excepting and reserving to the State of Michigan, all aboriginal Deed Mail Date antiquities including mounds, earthworks, forts, burial and village sites, mines or other relics and also reserving the right to explore and excavating for the same, by and through its duly authorized agents and employees, Cash Received pursuant to the provisions of part 761, Aboriginal Records and Antiquities, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts Certified Check of 1994, as amended. Number and Amount This conveyance hereby restricts the Grantee from severing oil and gas rights from the surface rights any !()cc c/6 l , ·~ time in the future. If the Grantee severs the subsurface - rights from the surface rights, the subsurface rights will revert to the State of Michigan", and the purchaser hereby agrees to accept such deed and abide faithfully by said 3D!JD, i conditions as expressed therein. SIGNATURE OF AGENT OR PURCHASER Returned X I HEREBY CERTIFY that the purchaser named herein purchased the State-owned lands identified above, which /.?55.0LL- were foreclosed upon by the State of Michigan for non-payment of property taxes pursuant to statute and which were offered at public land auction. DEPARTMENT OF NATURAL RESOURCES Subtotal Deed Recording Fees $2,650.00 $15.00 coo.K FOR THE STATE OF MICHIGAN TOTAL $2,665.00 . ~~!JJ/a0tfu~) \UMJL~ TAX REVERSION & LAND RECORDS OFFICE OF PROPERTY MANAGEMENT MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30448 LANSING Ml 48909-7948 (517) 373-1250 DnrRef(b485) : Sirlgl_e Ger ·-···· For The Inspection Department File#: 421256 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Donnelda Genson PROPERTY: 477 McLaughlin PARCEL NO: 24-205-093-0006-00 DESCRIPTION: Lot 6, Blk 93 FROM RECORDS OF TRANSNATION TITLE UBER: 1615 PAGE: 243 DATE OF DEED: March 13, 1992 GRANTOR NAME & ADDRESS: Laura Pummel, 1515 Madison, Muskegon, MI49442 GRANTEE NAME & ADDRESS: Donnelda Genson, •.;1 7 McLaughlin, Muksegon, MI 49442 LIENS OR MORTGAGES: 2036/346; 2128/987; 3156/170 TODAY'S DATE: August 13, 2002 EFFECTIVE DATE: July 19, 2002 at 8:0 AM Abstracted by: · I' l ,-L' ·-:, TRANSNA TION TITLE IN URAN CE COMP ANY The above information is to be used for reference purposes onl and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a red ced rate, and the Company's liability shall in no event exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. -------- - - - - - - - - - - - - - - - - - - - - - WARRANTY OBED STATUTORY FORM FOR INDIVIDUALS ,,flt• 1615 ,,...,243 KNOWALLMENBYTIIESEPRESENTS:That LAURA PUMHBL as surviving spouse of M ron PlJmmel 1 Deceased, Death Certificate recorded in Liber 16 5 Page 242 1 who1cslmlnumbcrandpostoffii;coddrcuis 1515 Madtson, Muskegon, Michigan 49442 1 Con~cy s and Warrants to DONHELDA GENSON, a single woman, whose stmt number and postofflcc sddre1s Is 4 7 7 Mc Laugh 1 Ln Street , Muskegon I Michigan 49442, lhc following described premises situalcd in the Clty of Muskegon County of Muskegon and Stale of Mlchigin, 10-wil: Lot Six (6) of Block Ninety-three (93) of the Revised Plat (of 1903) of the Cl.ty of Muskegon, i"1uske~oo County, Michigan. 13 rr,z,57 forthcsumof Seven Thousand Ftve Hundred and no/100 ($7,500.00) Dollars, subject 10 easements and t"est rice tons of recot"d, Doled lhu \Q'-b_ d3y of March 19 92 SigJied aud Scaled (n pt!!Sl!IIC~ of Signed and Sealffl: (L,5,l _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S.) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ lL,S.} STATE OF MICHIGAN COUNTY OP MUSKEGON "· _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S.) The foregoing insttull'lcnl was acknowlcdgcll before me this •r l) _ _ _J\cl-'"'~---_;d~ay~o~f~--M~a~r~c~l~l----~1~9~9~2~-- by •(2} Laura Pummel. Gary L, Veurink My Commlnion expires January 23, 19...'!J! Ottawa NtJlaryPublic, County, Michigan Acting lo Muskegon County •Note: (I) Insert date (2 Insert name of person(~) acknowlcllgcd (grantor) ~(3) signatun: of peuon taking ~cknowlcdgmcnt ':::, Draflcd by: Attorney Gary L, Veur ink Buslnen address: Community Foundation Rldg, 1 Suite 307 P,O, Box 1589, Muskegon, MI 4q443 After re.cordlns relutn to: lJonnelda Genson Forni No, M-5110 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 477 McLaughlin 8/7/02 Inspection noted: I. Home has been abandoned for over 6 months. 2. Numerous broken out windows. 3. Home has to be re-boarded constantly. 4. Roof investigation needed - large hemp in south east section of roof assembly. 5. Garage north wall leading outward. 6. Upper garage door broken off track. 7. Interior inspection required by trade inspectors. (electrical, plumbing/mechanical, building) 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 DATE 0:\lnspections\Grabinski_Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\477 MCLAUGHLIN.doc CITY OF MllSKE(;ON DANGEROUS BUILDING INSPECTION REPORT 477 McLaughlin (INTERIOR INSPECTION) 1216/02 Inspection noted: I. Second floor bedrooms have 110 heat. 2. Water piping is installed incorrectly and not supported. :l. First iloor bath needs to be replaced. 4. i\11 ,rnste. \'ent and plumbing fixtures need to be replaced. ). Replace all cut.non-supported tloorjoists. 6. Replace kitchen cabinets. 7. All stairs. handrails. and guardrails must be to code. 8. Smoke detectors must meet code. 9. All \\·indm\'s must be operable and egress windows are required for bedrooms. I 0. floor system must be supported w/proper spans. foundation piers. and beams are very unstable. Floor decking must be removed for complete inspection. BASED UPON lvlY RECENT INSPECTION OF THE ABOVE PROPERTY. I I IA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTI! lN SECTION 4-23 OF TIIE JvJUSKEGON CITY CODE. \.) (,. G )- HENRY FALTINOWSKI. ,f BUILDING INSPECTOR DATE 0: .I 11speclio11s\Cirnbi11ski __ Lorraine· Woi-d',D/\NCi ERO US ElUI I ,!JING INSPECTION Rl-:PORTS\ST /\ND/\ R ll FORMS-477 Mcl.aughlin.doc CITY OF MUSKEGON NOTICE FOR INTERIOR INSPECTION DATE: August 8, 2002 Address of Property: 477 McLaughlin TO: Donnelda Genson, 2611 Strand Rd., Muskegon, Ml 49445 [Name & Address of Owner] None (Interested Pmiies) The Inspection Services Department of the City of Muskegon has preliminarily determined that the structures described above are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. We intend to inspect the interior of the building(s). Please be present to allow an interior inspection of the above described prope1iies on Thursday, September 5, 2002 at 10:30 A.M. Failure to appear and allow the inspection will result in this office seeking a search warrant to conduct the inspection. CITY OF MUSKEGON INSPECTION SER VICES Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: September 11, 2002 Address of the Property: 477 McLaughlin TO: Donnelda Genson, 2611 Strand Rd., Muskegon, Ml 49445 [Name & Address of Owner] Laura Pummel. 1515 Madison, Muskegon, Ml 49442 (Interested Parties) Huntington Bank, One Financial Plaza. Holland. Ml 49423 Green Tree Financial, 332 Minnesota St. Suite 610. St. Paul. MN 55101 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): x_ 1. __ 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 477 McLaughlin, 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 INSPECTION DEPARTMENT :!rMfd,4/Jk, of lospeclloas CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: January 23, 2003 Address of the Property: 477 McLaughlin TO: Judy E. Irish, 12138 Stafford St, Ravenna, Ml 49451 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, February 6, 2003 , 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 or demolish issued 9/11//02. At the hearing on Thursday, February 6, 2003, at 5:30 o"clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear 1rnd 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 MUSKEGON INSPECTION DEPARTMENT. Ol')v81:J·{AL~ OF_TrJE ~O~SIN? .so11R. D OF APPEALS ./ _J__ \[_'-<, [ 1 11• ~ I·I.. 7 • By Kc , • .,,,., ._,,. {- f • (j UvJ,___ ' , I V\.C.-.L'.;r,~Ml:j,. Robert l I Grabinski, Director of Inspections O\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: February 10, 2003 To: Judy E. Irish, 10341 Apple Ave. Ravenna, Ml 49451 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, February 6, 2003 does hereby order that the following structure(s) located at 477 McLaughlin,_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\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~~~t~~ra:u~LS Robert B. Grabinski, Director of Inspections O:IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: March 11, 2003 477 McLaughlin (Address of Property) TO: All owners and interested parties: Judy E. Irish, 10341 Apple Ave. Ravenna, Ml 49451 None (Other interested parties) On February 6, 2003 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 Thursday, March 25, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Thursday, March 25, 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. Fqp:f{Ir~rrr,i:.LS CITY OF MUSKEGONJNSP.!:=CTIONS DEPT. By_---+--------------- Robert 13. Grabinski, Director of Inspections O:IINSPECTIONSIGRABINSKI LORRAINEIW0RDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION HEARINGO0C - HBA Minutes 2/6/03 Case #02-40 - 477 McLaughlin - Judy Irish, 12138 Stafford St, Ravenna Ms. Irish was present to represent this case. She stated she purchased it from a state auction and feels as though she has been duped. She purchased it as an investment and intended it to be a rental unit, but the extent of the damage inside was more than she anticipated. She has a purchase agreement with the state, but no clear title yet She wants to sell it, but can't without a title. 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 Jerry Bever and seconded by John Warner to accept staff recommendation. A roll call vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Nick Kroes Randy Mackie Jon Rolewicz John Warner Clara Shepherd Jerry Bever The motion carried. #02-70 -1785 Mclllwraith - Harold & Shelly Larabee, 5460 Circle r. Musi< n, Ml 49442 Mr. Grabinski ve a history A permit was pulled to repair the gar roof and they ee is a truck driver and is out own a lot, so he k on the repairs. Mr abinski stated if this is to s do the electrical, plumbing · ive in the house when repairs are ve into this house when they now Mr. Lara stated they are having marital problems and he will m nto this house alone. Grabinski stated make erwise there will be legal recou if he does not live in it Mr. Larab stated he needs until June 30 th for the repairs, he n powe work on the interior, and anticipates that within 30 days. d if they are financially able to do this and he said yes. 10 of 18 DATE: March 14, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Director of Inspections Re: Concurrence with the Housing Board of Appeals Notice & Order to Demolish. Dangerous building case #01-051-Address: 1166 W. Grand. Due to an error in notification of the owner, this case is being brought back to you for consideration. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1166 W. Grand is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #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 11/27/02 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 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, March 25, 2003. .,,,,-- ____.-------------c--""--w~w ESTER N AV , ., / ___________ _:___ __________ _ MICHIGAN AV , , .... , ,,_: ~-WASHIN .. - - --- .. ,. .,,. .,., ,,,,, :-·,-- •r-~ ___ •_________ J3TON AV , __ . 1'~ __ :_, i ! - ,-- --· --·-••. -· i ' I :? i ~~c-'--c~----"cc,,.,---1 ""' J_ ,,s;~~~ .,,.,. ..,,. •·> ,,., ,, - . ·---- -· -· - 1- (j) ' .. L ____ ._ z ;::J, I ~. Sb.UJHERN A~ 0 I Q:'.'. , ff . - -------··-------··- ----. <;( ,-- -- ' en L...,_ _ _ _ _ _ _ _ _ _ _ 1 I ! i .-cc.~,· ! W- FOREST AV i ! ? l -------, , I. ; ,-----( - - - - - - I , _ _J; , I \. . l it ----- _.., , - - - - · .,-, ,,,,. ,·r• •••~;•--="'!-,----"n·____c,-__ IRELANDAV- -- .---· INafbor Title 955 West Broadway Muskegon, Ml 49441 Title Search Case No.: 100122376 November 21, 200 I I. Beginning 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 conveyam:es and undischarged encumbrances, from said beginning date to I 0/26/200 I. at 8:00 A.M. Documents Deeds: I\ liscell:rncous: Mortgages: Liber 1226, Page 748 Liber 2239, Page 11 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 November30,2001. (Invoice #9815551 and9818917) Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of$964.72, if paid by Nove111ber 30, 2001. (Base a111ount- $692.91)** Note: No 200 I Sum111er Taxes were assessed. Permanent Parcel No.: 61-24-205-481-00I 4-00. 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 We find 110 United Stiltes lnten,rnl Revenue Lien.s recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: ~ , - - - ·~------'--'"'----Il t>)t,122G ?!'.I 74S I kr<ord•"------------ ., _______ o ' d o ~ - - - - - - Lihn _ _ _ _ or Deed,, l ' o g c , _ _ ..... ,,,,,_,..,,, ,_,.., ir,uur;n 0111>--1<0 , ,uuruou•o ~~• •••·••o ,.,,. ,., "'"( '""· ''"'· .,,..,.~ ,A.O., l9 S,} of tho fin, pMf, and rc:.:-:(:t:-... :·:. l. !1{'. ·.: .:.::· . ' l ur,·.r.c. ... ~ .. of ,h, .or,ond pnrr, WITNC.SScTI-1, Th11 1h, L"d I'·'" • ~-;:-, ,,/ 1h• ~": f'>rt, for ond in ,.,n,i.l,,,,,on rf ,~, ,..,.,, ,f ~.,:-.c. ,:-;.'.l<.:·:-; ~-~. 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":.~\;it;-:::1 i='l:.t (of 1· ·J ) -:if ~::·11'.! :_:;~.,. r,f ;:1,:i:;l'." .. ~·-n, ;·,i;p0,·r.J: t 0f 1·,.,•,·rcl 5.n 'th~ Gffic~ 0~· '·c ·.-~·'.i;.,t•::· -~f \. for:,,,;.· ~•·;:·.\".;-· •• ,, .( - .~.~.. • • - ·--·· )'! •.• •1,., ·•, •~1• ~ n c·• '"·~•ii;;;, n/ ·,,;..~-•I h u ( ~- • '~ • ,._, • I r • • >·•I I· "••"•I"' "' ~ ... ,.,,,, ! • ., ._. .., ~.r., .~ ,.., '• To.i;::oiher .,;If, •II o.nd oinii:u!nr 1hr hre.,litnm,nu onJ "i';''""'"·'""' ,hruun1<> l>:ln-.'{in)'!' or in ""Y"'" n'.'t""";n,nr.· To lh~r ind To Ho!d 11.. a,Jd prrDU .. ,, n, h;::;!'1 duc•;Drd, ,..;,h 1!io •f'P"""'-"""'- u,110 1~ .,,jd r,nr, ._"I rho ><Co.nd put ,,n,( '"'. :.::-~ir hoiu..ndu.ii;n1,FOREVl3R. A.nd1h,onid • C, ,· :,~l .. , . , •::if".! p1t1 1C5of 1hr fin, put, (n t:;:>i!' hrir1. '""""" .,nd n,l,nin,m,:on. d,, co,·rnonl, cu.n1, ba,sNn ond ogru 10 nnd wid, 1hr uh! p,,n ;i :·::; ,,f 1hr ,.,,.nJ r,.itr 1 '..)'!" i!· /,.,,. .,n<I ""'""'· 1h11 al 1hr timo of 1hr ,,,.,,,Ju,ir 11n1! J,lh•,·ry ,.f tht,• f'""'"u '... J".;,'. •·• !! .,;,.,! n! •••~ n!•~"~ r.:,n1etl r«·mi..,, in (u oimpl~; 1h01 1hry Mt fr,o f,om nl! inu,m!.rnn,,, .,.J,.u,u hrin1, .,,.,11.,,., 1li ,bll \V.c.1Tll.f\l and Ddl:lld 1h. fll.llU ••nin11 oil b ..·ful dnim1 whnuar>•,r, IN WITNESS \X'H[ll!".01', Th.: .,,;J pnn.l ~f, .,[ 1hr Jim po.rt M \''.; h,rc~n10 .. , _4-d-tMlC-/'.-<Z_b'-'~----1 Frances Sovn .... :1·- 1~., rt:fl,,,_, (...,\_.,_,..., .. Dt, Linda Ch:ln-:)y .----- r----·-· •. = • ~ ~~ ~ ICHIG~ll Msrmo,.RmmATE* ------ .IWSfE1TAX!' · ._ 1:1 ·.,--ILS.J .STATE OF f',. CHIGAN, ,~ ::; Dcitof 00 To.:i:0110:1 • •-··· ~ ::::,c:..cc:..c___ ,.Ll?iU ff . -----* ; 0 z. 2 0 ** .. :....1L. s.1 2a,d July ,A.D,l~Q COUNT\' OF ~•11J'.>K Tl.)N bofo,e tnc, M. C. /',. Lillidn Boonstra, h~sband & wife 1u mr ln<H,'n 10 ho th, ·.1o~ P"'"'" ,/.,,,,J•,·d in ,,,,d ~- 1,~ u«uml. ,t,, ~.,I.in ,nurun>•M, .. 1,~ Ml:11r,wlrJi;,,& 1ho .,nnto !" ho !«r n.:: .,nd d.,J Pre("lilrcrl by M, C. Goonstra 4fl0 Ruddim,1n Dr. !lo. Muskc9011, Ml '71 J "1u~lcC-'r,on Counr,·, Mitht&""· 1101r 1 .,,,,,_,,""' '"""' _.,.. ,,., ... ........... ,, , ..·• '•"'"' ..... """ ''-" ....... "' , ........ 1982 ,,., ............ ,..,.,.,<'1'Ch<f"" I CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1166 \V. Grand Ave. 11/15/01 Inspection noted: I. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any pem1its 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 permits, interior and exterior of home. 5. Contacted owner - owner stated a financial problem. Have not had contact with owner since and no permits have been issued at this date. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, l 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 / . - f:\Inspections\Grnbinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1166 W. Grand.doc Permit Application Approval Page I of I 11@1! Building Permit Application Editj Street 1166 W GRAND AVE Address: Property 2'1:,205-481-0014-00 Number: Owners TIMMERMAN ERIC/HEATHER Name: Owners 1166WGRANDAVE Address: MUSKEGON Ml 49441 Permit No: BD-01-6693 Requested by: Owner Contractor: N/A Architect: N/A Category: BUILDING - - - --- - I - - - Permit Type: ALTERATION Type of R Building: - - -- - ----- Description: NSTALL SIDING ON FRONT OF DWELLING; DRYWALL 3 ROOMS; 1 COMPLETE ROOM UNDER CONSTRUCTION; THRESHOLD AT FRONT DOOR - ------ Dates: App Date: 12/03/2001 Issue Date: 12/07/2001 Value: $2,500.00 Item Quantity Building Permit Fee 83.25 This application has been approved Approved: Yes'" No' By: IHenry Faltinowski ... Note: Date: 12/12/2001 EDIT PERMIT !Choose name ... PIN: 01/15/2002 City of Muskegon http://intra .. .Ip_add_perrnit_app _approve.cfo1ryPID=6693&Type=BD&DPermi!No=BD-01-669 1/15/02 Pennit Application Approval Page 1 of 1 11@11 Electrical Permit Application Edit I Street Address: 1166 W GRAND_AVE Property Number: :24c205,Lf_81-0014c00 Owners Name: TIMMl;_R_f\11,11.['J_ERICIHEATHER Owners Address: 1166 W GRAND AVE MUSKEGON Ml 49441 Permit No: EL-02-6789 Requested by: Owner Contractor: NIA Architect: NIA Category: ELECTRICAL Permit Type: ALTERATION Type of Building: R Description: PARTIAL REWIRING - INSTALL SMOKE DETECTORS .Dates: App Date: 1211912001 Issue Date: 12121120_01 Value: NIA Item Quantity Permit Base Fee 1.0 Circuits each 5.0 'Lighting Fixtures - per 25 1.0 --- -- 1nspection s - Final Inspection 1.0 This application 1-1as been approved Approved: Yes'" No' By: IDon LaBrenz y Note: Date: 0111012002 . EDIT PERMIT !Choose name y PIN: 01/15/2002 City of Muskegon http://intra .. ./p add permit app approve.cfm 9 PID=6 789&Type=EL&DPermitNo=EL-02-678 1/15/02 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 Robe · B. Grabinski, Director of Inspections 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 Te1Tace. 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:~NSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC Incident Report 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 04/15/2002 Juveniles Only? NO TTY Sent? NO l Cance ~ed? I TTY number Photos? I Consent? Affidavit? 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; Address/ Phone I Descrintion p NO PERSONS Description/Name/ Comments I Make/Model/ Stat I Seria---i No. /Qtv /Value NO PROPERTY Status/Plate Tvne/VIN I Reo/Evid/Valuel Description NO VEHICLES Cateoorv I Descriµtion 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 2002-007748-I I Date & Time Rept 04/15/2002 09:59 I Offense: 55000 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 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~Jil:1 R;;6; B.Grablnski, Director of Inspections 2 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_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC 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_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER 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~&CI_-. E O Slt>JG. 80.l·t_ RD. ,__OF At, 1 PE_ ALS: I) . u ~k ( ; , ' ' __'. . __' .__...,,,..,,..,:; /\.j,::..,, . / " Robe 8. Grabinski, Director of Inspections 0:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: March 11, 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 March 25, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on March 25, 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 ~ E HOUSING BOARD OF--Af'PEALS , By ; J -!-'J JI.\ I{~ , . ___ \[j ~ • Robert B. Grabinski, Director of Inspections O\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARINGDOC - HBA 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 it 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. e #02-06-1836 Nevada - MLA Inc. 30521 Schoenherr, Warren Robert Parker was present to r . He is considering buying it. Board · e oaks very bad, they saw it as n inski 6 of 8 IIBA fVlinutcs 12-5.0~ #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. This case rough! back before the board because in Jul the new owner to s ule an interior inspection withi ays and it was not done. Mr. Khatri stated th~~ did not have the s until now to rehab the 2 or 9 AGENDA ITEM ;2... 0C) 3-J-9 e) CITY COMMISSION MEETING 3/25/03 Date: March 19, 2003 To: Honorable Mayor and City Commissioners From: Engineering and Administration RE: Norlight Permit Under METRO Act SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application submitted by Norlight Telecommunications. Submittal of the permit application is in response to the City opting into the newly adopted METRO Act. It is further requested that approval be conditioned upon Norlight retaining active satisfactory liability insurance consistent with the terms of the Act and city policy. FINANCIAL IMPACT: None. The City will no longer be able to collect annual permit fee but rather it will receive its share of payments made to the state consistent with the terms of the Act. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the permit and sign the documents. COMMITTEE RECOMMENDATION: No part of this permit shall be copied and given to a third party without the consent of the City Manager's Office. Subject to FOIA No part of this permit shall be copied and given to a third party without the consent of the City Manager's Office. Subject to FOIA ACO.RCt CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE 03/28/2003 PRODUCER 8 7 7-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTEA THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE INSURED INSURER A: Zurich American Insurance Company 16535-003 Journal Communications, Inc. & Subsidiaries Attn. sandy Lavalle INSURER B: St Paul Fire and Marine Insurance Co. 24767-000 P.O. Box 661 Milwaukee, WI 53201-0661 INSURERC: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITR TYPE OF INSURANCE POLICY NUMBER nn~ ,._ POLICY EFFECTIVE . POLICY EXPIRATION ""T~ ""' OD/YYI i---· LIMITS A c-- GENERAL LIABILITY GL0837387707 4/1/2003 4/1/2004 EACH OCCURRENCE $ 1,000,000 ! ,x_ CUMMEP.C!AL (',ENE:'R/\L Lli'BILITY ! FIRE DAMAGE (Any one !i:_oJ_ ~__],K__Q_QhQ Oo__ c-- D CLAIMS MADE [iJ OCCUR MED EXP (Any one person) $ ,x_ Vendors Endorsement PERSONAL & ADV INJURY $ 1,000.000 '-- GENERAL AGGREGATE $ 5.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 1 000.000 i] POLICY n ~rR..: n LOC A ~TOMOBILE LIABILITY BAP837387607 4/1/2003 4/1/2004 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 JL ANY AUTO ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) - HIRED AUTOS - BODILY INJURY (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN AUTO ONLY: EAACC $ AGG $ B EXCESS LIABILITY :i] OCCUR • CLAIMS MADE QK05500661 4/1/2003 4/1/2004 EACH OCCURRENCE AGGREGATE $ s $ 5.000 000 5.000 000 ~ DEDUCTIBLE $ X RETENTION $ 10.00( $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC837380407 4/1/2003 4/1/2004 X IT"/i~~Tf:,Ig;,_ I IOJ~- E.L. EACH ACCIDENT $ 1.000 000 E.L. DISEASE· EA EMPLOYEE $ 1.000 000 E.L. DISEASE · POLICY LIMIT $ 1.000 000 A OTHERXS WC(CT,MI,NV,WI) EWS840983207 1/1/2003 1/1/2004 Unlimited WC Insurance $1,000,00 0 Employers Liability $500,000 Self-Insured Reten tion DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Named Insured includes Norlight Telecommunications, Inc. "INSURED IS SELF-INSURED FOR AUTOMOBILE PHYSICAL DAMAGE. COMPREHENSIVE AND COLLISION ARE NOT PROVIDED." Re: Installation, construction and maintenance of fiber optic telecommunications network in the State of Michiaan. Coveraqe shall be orimarv insurance. Certificate Holder is named as Additional CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Muskegon REPRESENTATIVES. . 933 Terrace Street Muskegon, MI I 49443 A~/g;y// ~I/ ACORD 25-S (7/97) Coll:689590 Tpl:159188 Cert:2893087 (/ © ACORD CORPORATION 1988 DATE W1ll1s CERTIFICATE OF LIABILITY INSURANCE Page THIS CERTIFICATE IS ISSUED AS A 2 of 3 I 03/28/2003 MATTER OF INFORMATION PRODUC:CR 877-559-6769 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE INSURED Journal Communications, Inc. &. Subsidiaries INSURER A: Zurich American Insurance Company 16535-003 Attn. Sandy Lavalle INSURERS: St Paul Fire and Marine Insurance Co. 24767-000 P.O. Box 661 Milwaukee, WI 53201-0661 INSUREAC: INSURER 0: I !NSURERE: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insured. General Liability coverage includes blanket contractual liability for written contracts, products and completed operations; independent contractor liability and XCU coverage. Coll:689590 Tpl:159188 Cert:2893087 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) Coll:689590 Tpl:159188 Cert:2893087 Access One, Inc. 360Networks (USA) Inc. Lance Honea 12202 Airport Way Suite 300 Chief Executive Officer Broomfield, CO 80021-2587 125 Halstead Street 4 th Floor Chicago, IL 60661 ACD Telecom, Inc. 1-800-Reconex, Inc. Kevin Schoen William Braun President Vice President, General Counsel 4980 Nmthwind Drive 2500 Industrial Ave. East Lansing, MI 48823-5089 Hubbard, OR 97302 Accu Tel of Texas, Inc. A.R.C. Networks, Inc. Debi Glick Eugene Conlon Director of Operations 175 Pinelawn Rd. Suite 408 7900 Carpenter Freeway Melville, NY 11747-3180 Dallas, TX 75247 Ace Telephone Company of Michigan, Inc. Adelphia Business Solutions Operations, Inc. David Schroeder Terry Romine Chief Executive Officer Dir. Legal and Reg. Affairs 102 E. Mesick Avenue P.O. Box 69 One North Main St. Mesick, MI 49668-0069 Coudersport, PA 16915 Affinity Network, Incorporated Allendale Telephone Company G Jen Stockton Arlyn Smits Chief Counsel, Reg. Affairs Manager 4380 Boulder Highway 6568 Lake Michigan Dr. Las Vegas, NV 89121 Allendale, MI 4940 I Ameritech Communications, Inc. ARBROS Comm. Licensing Co. Central, LLC Pamela Molina Robe1t F.X. Condon Project Adminisn·ator, Regulatory V.P. Regulatory and External Affairs 5850 W. Las Positas Blvd. 1100 Wayne Avenue Suite 800 Pleasanton, CA 94588 Silver Springs, MD 20910 Allegiance Telecom of Michigan, Inc. Advanced Te!Com, Inc. Mary C. Albert Clifford G. Rudolph Vice President Regulatory 110 Stony Point Rd. 2"" Floor 1919 M StreetN.W. Suite 420 Santa Rosa, CA 95401-4118 Washington, D.C. 20036 American Fiber Network, Inc. AmeriVoice Telecommunications, Inc. Rob Heath Louis L. Miller Vice President Chief Executive Officer 9401 Indian Creek Pkwy. Suite 140 212 W. Wisconsin Ave. Duite 500 Overland Park, KS 66210 Milwaukee, WI 53203 AT&T Communications of Michigan, Inc. Atlas Communications, LTD. Frances E. Brown Mark Kelly Ass 't. Vice President 482 Norristown Road 215 S. Washington Square Suite 230 Blue Bell, PA 19422 Lansing, MI 48933 Baraga Telephone Company Bilan Communications, Inc. Bill Stark Patricia K. Rountree President President 204 State Street 168 Riley St. P.O. Box 20 Baraga, MI 49908 Dundee, MI 48131 Blanchard Telephone Association, Inc. Borderland Communications, LLC Duane Bronson Bruce Reubar Manager Vice President P.O. Box 67 113 Main P.O. Box 3 Blanchard, MI 493 I 0 Niagara, WI 54151 B&S Telecom, Inc. Barry County Telephone Company Saul Anuzis Robert Fisher Chairman of the Board Manager 5 Locust Lane P.O. Box 128 Lansing, MI 48911 Delton, MI 49046 Birch Telecom of the Great Lakes, Inc. Bloomingdale Telephone Company, Inc. Barb Fillinger Sid Shank Manager, Compliance & Tariffs Office Manager 2020 Baltimore Ave. P.O. Box 187 Kansas City, MO 64108 Bloomingdale, MI 49026 Broadview Networks, Inc. Broadwing Local Services, Inc. Ana Bataille Larry Barnes Manager, Rgulatory Affairs Dir., Regulatory Affairs 400 Horsham Rd. Suite 130 1122 Capital of Texas Hwy. So Horsham, PA 19044 Austin, TX 78746-6426 Buckeye Telesystem, Inc. Building Communications Inc. Thomas K. Dawson Jerry Ludwick Regulatory Affairs 54 N 011h Main street 5566 Southwyck Blvd. Three Rivers, MI 49093-1532 Toledo, OH 43614 C.L.Y.K. Inc. dba Affinity Telecom C3Networks & Comm. Limited Partnership John A. Kopanakis 2600 Via Fortuna Suitie 500 757 Lounsbury Austin, TX 78746 Rochester, MI 48307 Brooks Fiber Comm. Of Michigan, Inc. Budget Phone, Inc. (WorldCom) Art Magee James R. Denniston Comptroller Senior Counsel 690 I W. 70"' Street 205 N. Michigan Ave. Suite I JOO Shreveport, LA 71129 Chicago, IL 6060 I BullsEye Telecom, Inc. C2C Fiber of Michigan, Inc. Tom Tisko Kyle Dickson President & COO General Counsel 25900 Greenfield Road Suite 330 8275 El Rio Suite 110 Oak Park, MI 4823 7 Houston, TX 77054 Call Giant, Inc. Call UP, Inc. David Thiery Paul E. Kjeldsen Vice President President 21419 VanDyke 506 Sheldon Ave. Warren, MI 48089 Houghton, MI 49931 CatT Telephone Company CCCMI, Inc., d/b/a Connect! Mitch Bogner Carole Hamon Manager Supervisor, Regulatory Affairs 4325 Masten Road 124 West Capitol Suite 250 Branch, MI 49402 Little Rock, AK 7220 I CenturyTel of Michigan, Inc. CenturyTel of Upper Michigan, Inc. Vickie Norris Vickie Norris Director, State Government Relations Director, State Government Relations 17 S. High Street Suite 1250 17 S. High Street Suite 1250 Columbus, OH 43215 Columbus, OH 43215 CAT Communications International, Inc. Campus Communications Group, Inc. Patricia Spencer 7077 Bonneval Road Suite 600 V.P. Regulatory Affairs Jacksonville, FL 32216 4142 Melrose Ave. NW Suite 25 Roanoke, VA 24017-0129 CenturyTel Midwest -- Michigan, Inc. CenturyTel ofNorthem Michigan, Inc. Vickie Norris Vickie Norris Director, State Government Relations Director, State Government Relations 17 S. High Street Suite 1250 17 S. High Street Suite 1250 Columbus, OH 43215 Columbus, OH 43215 Chapin Telephone Company CenturyTel Solutions, LLC Greg Ringle Ron Johnson Manager I 00 Century Tel Drive 19994 W. Ridge Road Monroe, LA 71203 Elsie, Mi 48831 Choctaw Comm., Inc., d/b/a/ Smoke Signal Comm. Marla J. Hanley Ciera Network Systems, Inc. Regulatory director 1250 Wood Branch Park Dr. Ste. 600 8700 S. Gressner Houston, TX 77079 Houston, TX 77074 CityNet Telecom, Inc. CMC Telecom, Inc. Robert Berger Craig Champgne President 50481 Pontiac Trail 8403 Colesville Road 14 th Floor Wixom, MI 48393 Silver Springs, MD 20910 Chippewa County Telephone Company CI2 Inc. Bill Beaune Tonia Landry General Manater Regulatory Affairs Specialist IOI State Street P.O. Box 309 200 Galleria Parkway, NW Suite 1550 Brimley, MI 49715 Atlanta, GA 30339 CIMCO Communications, Inc. Climax Telephone Company William A. Capraro Gilbert Collver Executive Vice President President I SW 100 22"' Street Suite I 09 110 North Main Street Oakbrook Terrace, IL 60181 Climax, MI 49034 Coast to Coast Telecommunications, Inc. Coldwater Telecommunications Utility Stephanie K. Kurian Linden H. Cox Manager, Regulatmy Compliance Communications System Operations Manager 9201 N. Central Expressway 28 W. Chicago Street P.O. Box 469 Dallas, TX 7 5231 Coldwater, MI 49036 Comcast Telecommunications of Michigan, LLC Concert Communications Sales LLC Shannon M. VanSach A. Sheba Chacko Paralegal Administrator Chief Regulatory Counsel 29777 Telegraph Road Suite 4400-B 11911 Freedom Drive 11th Floor Southfield, MI 48034 Reston, VA 20190 Corecomm Michigan, Inc. Cypress Telecommunications Corporation Scott Kellogg D/b/a Cytel Regulatory Affairs 3838 N. Sam Houston Pkwy East Ste. 400 70 W. Hubbard Suite 410 Houston, TX 77032 Chicago, IL 60610 Comcast Business Communications, Inc. Comm South Companies, Inc. Beth Choroser Rick Brown Regulatory Compliance Manager Vice President Reg. Affairs 650 Centerton Road 2909 N. Buckner Blvd. Suite 800 Moorestown, NJ 08057 Dallas, TX 75228 Conte! of the South, Inc. Corvus, Inc. D/b/a Verizon North Systems David C. Hoover PaulM.Fuglie President A VP-Public Policy & External Affairs 29777 Telegraph Suite 2151 860 Terrace Street Southfield, MI 48034 Muskegon, MI 49440 Comcast Business Communications, Inc. Cypress Telecommunications, Corporation Beth Choroser D/b/a Cytel Regulatory Compliance Manager 3838 N. Sam Houston Pkwy East Ste. 400 650 Centerton Road Houston, TX 77032 moorestown, NJ 08057 Conte! of the South, Inc. Comm South Companies, Inc. D/b/a Verizon North Systems Rick Brown Paul M. Fuglie Vice President Reg. Affairs AVP - Public Policy & External Affairs 2909 N. Buckner Blvd Suite 800 860 Terrace Street Dallas, TX 75228 Muskegon, MI 49440 Corvus, Inc. Deerfield Farmer's Telephone Company David C. Hoover David LaRocca President Manager 29777 Telegraph Suite 2151 P.O. Box 68 Southfield, MI 48034 Petersburg, Ml 49270 DIECA Communications, Inc. dba Covad DPi Teleconnect, LLC David Chorzempa David Pikoff Senior Counsel Vice President & CEO 227 W. Momoe 20"' Fl. 2997 LBJ Freeway Suite 225 Chicago, IL 60606 Dallas, TX 75234 DSLNet Communications, LLC Easton Telecom Services, Inc. Wendy Bluemling Ruth Holder Ass't V.P., Regulatory Affairs Sr. Regulatory Analyst 545 Long Wharf Drive Fifth Floor 8065 Leesburg Pike Suite 400 New Haven, CT 06511 Vienna, VA 22182 Enkido, Inc. Dominion Telecom, Inc. Nayel Shafei Alan J. Dole President and Chief Executive Officer Dir. Of Regulatory Affairs 95 Route 17 South 3•• Floor P.O. Box 3660 Paramus, NJ 07632 Glen Allen, VA 23058-3660 Drenthe Telephone Company EagleNet, Inc. Wayne Ter Harr Richard Huizenga Manager President 738 64 th Avenue 144 Coolidge Avenue Suite 30 Zeeland, MI 49464 Holland, MI 49423 Emergent Communications, LLC Ernest Communications, Inc. Greg Ballard Joseph J. Ernest President and Chief Executive Officer 6475 Jimmy Carter Blvd. Suite 300 801 Nicollet Mall Suite 350 Norcross, GA 30071 Minneapolis, MN 55401 Essential.com, Inc. Everest Connections Corporation Peter Mills Rachel Lipman Reiber Manager, Regulatory Affairs 4740 Grand Ave. Suite 200 Three Burlington Woods Drive 4 th Floor Kansas City, MO 64112-2254 Burlington, MA O1803 EZPhone, Inc. FiberNet of Michigan, LLC Dane! J. Coulter Steve Hamula President Director of Regulator Affairs I 095 Home Avenue 211 Len Sullivan Way Akron, OH 443 I 0 Charleston, WV 2530 I Frontier Communications of America, Inc. Essex Communications, Inc. Christine Burke D/b/a eLec Communications Regional Manager, Regulatory Maria A. Abbagnaro 180 South Clinton Ave. Dir. Regulatory Affairs Rochester, NY 14646 543 Main Street New Rochelle, NY 10801 Excel Telecommunications, Inc. FairPoint Communications Solutions Corp. Becky Gipson Michael Kent Director, Regulatory Affairs Sr. Regulatory Affairs Manager 1600 Viceroy Drive 6324 Fairview Road Dallas, TX 75235 Charlotte, NC 28210 Frontier Communications of Michigan, Inc. Focal Comm. Corporation of Michigan Ron Williams Jane VanDuzer Regulatory Manager 200 North LaSalle Street Suite 820 I 09 Randolph Street Chicago, IL 6060 I Brooklyn, MI 49230 Global Crossing Telemanagement, Inc. Globalcom Inc. Diane Peters Gavin McCarty Director of Regulatory Vice President-General Counsel I 080 Pittsford Victor Rd. 333 West Wacker Drive 15 th Floor Pittsford, NY 14534 Chicago, IL 60606 Grid 4 Communications, Inc. Hiawatha Telephone Company C. christopher Hopkins Robert Oren! President/CEO Vice President and Chief Operating Officer 2755 Buckingham I 08 West Superior Street Bhmingham, MI 48009 Munising, MI 49862 Horizon Telecommunications, Inc. 1-IJN Telecom, Inc. Richard C. Gould Herbert J. Newton General Counsel President 4660 S. Hagadorn Road Suite 320 3235 Satellite Boulevard Building 400 East Lansing, MI 48823 Duluth, GA 30096 !CG Telecom Group, Inc. Image Paging of Michigan, Inc. Amy Hartzler James Parker Senior Director, Business & Government Affairs President 161 Inverness Drive, West 26076 Woodward Avenue Suite 202 Englewood, CO 80112 Huntington Woods, MI 48070 IP Communications Corporation JAS Networks, Inc. Sean Minter Bret G. Seely President President 17300 Preston Road Suite 300 66 E. Michigan Avenue Dallas, TX 75252 Battle Creek, MI 49017 Joy Lines, Inc. IG2, Inc. Tyrus D. Toles Deborah S. Arnott 19310 Joy Road 80-02 Kew Gardens Road Suite 5000 Detroit, MI 48228 Kew Gardens, NY I 1415 Intrado Communications, Inc. IP Voice Communications. Inc. David A. Hauberman Barbara S. Will Regulatmy Counsel President 6285 Lookout Road 7585 E. Redfield Road Suite 202 Boulder, CO 8030 I Scottsdale, AZ 85015 JATO Operating Two Corp. Kaleva Telephone Company Anderw R. Newell Harry Cribbs Staff Attorney, Carrier Relations President and Manager 6200 S. Syracuse Way Suite 200 9281 Osmo Street Greenwood Village, CO 80 I 11-47 Kaleva, MI 49645 KMCDataLLC KMC Telecom III, Inc. Randy Meacham Mike Duke Manager of State Reg. Affairs Director, Regulatory Affairs 1755 N. Brown Road I 755 North Brown Road Lawrenceville, GA 30043 Lawrenceville, GA 30043 LDMI Telecommunications, Inc. Level 3 Communications, LLC D/b/aLDMI William P. Hunt Tom Feles V.P. & Regulatory Counsel Sr. Manager, Business Development I 025 Eldorado Blvd. 880 I Conant Street Broomfield, CO 80021 Hamtramck, MI 48211-1403 KMC Telecom 11, Inc. Local Exchange Carriers of Michigan, Inc. Mike Duke Pete Lemke Director, Regulatory Affairs 3923 28 th Street, SE #138 1755 North Brown Road Grand Rapids, Ml 49512 Lawrenceville, GA 30043 KMC Telecom V, Inc. Lennon Telephone Company Randy Meacham Paul M. Bowman Manager of State Reg. Affairs General Manager 1755 N. Brown Rd. 3095 S. Sheridan Ave. P.O. Box 329 Lawrenceville, GA 30043 Lennon, MI 48449 Lightyear Communications, Inc. Lightyear Communications, Inc. John Grieve John Grieve Legal Services and General Counsel Legal Services and General Counsel 190 I Eastpoint Parkway 190 I Eastpoint Parkway Louisville, KY 49223 Louisville, KY 40223 Lucre, Inc. Maverix.net, Inc. R. Steven Hale James F. Kalishiman President and CEO President and CEO 4011 Plainfield, N.E. 20 S. Clark Street 28 th Floor Grand Rapids, Mi 49525 Chicago, IL 60603 MCimetro Access Transmission Services LLC Max~ Tel Communications, Inc. James Denniston I 03 N. Wickham St. P.O. Box 280 205 North Michigan Ave. Suite 1100 Alvord, TX 76225 Chicago, IL 6060 I MediaGate Communications, Inc. Metromedia Fiber Network Services, Inc. Mark Winslow Karen Nations General Manager Senior Attorney 122 Lake Street One Metromedia Plaza Crystal, MI 48818 East Rutherford, NJ 07073 Maxcess, Inc. MCI WorldCom Communications, Inc. James Marchant James R. Denniston President Senior Counsel P.O. Box 951419 205 North Michigan Suite 1100 Lake Mary, FL 32795-1419 Chicago, IL 6060 I McLeodUSA Communications Services, Inc. Metro Teleconnect Companies, Inc. Dawn Haase 2150 Herr Street 5 I 00 S. McLeod Lane Harrisburg, PA 17103 Sioux Falls, S.D. 57108 Michigan Bell Telephone Company MetroNet-Telecom, Inc. D/b/a Ameritech Michigan David Choma Robin Gleason Vice President V.P. Regulatory Michigan 2182 N. Cedar 201 N. Washington Sq. Room 920 Holt, MI 48842 Lansing, MI 48933 Midwestern Telecommunications, Inc. Mid-American Telephone Company Jerry Holt David Gebard President and CEO 40 Hague Street 1507 E. 53'' Street Suite 274 Detroit, Mi 48202 Chicago, IL 60615 NET-Tel Corporation Midwest Communications Services Thomas M. Lera 7255 Tower Road I 023 31st Street, NW Battle Creek, Ml 49014 Washington, D.C. 20007 Midway Telephone Company MichTel, Inc. Robert W. Orent LomH.Olsen President and Chief Executive Officer 10 W. Huron Street 108 W. Superior Street Pontiac, MI 48342-2100 Munising, MI 49862-1192 Mpower Communications Central Corp. Navigator Telecommunications, LLC David McGann Michael McAlister Vice President, Regulatory Affairs Legal Counsel 170 I Golf Road Tower 2, 5th Floor P.O. Box 13860 Rolling Meadows, IL 60008 North Little Rock, AR 72113-3860 New Access Communications, LLC New Edge Network Inc. Gregory Wilmes Stacey Waddell Chief Operating Officer Vice President, Carrier Relations 801 Nicollet Mall Suite 350 3000 Columbia House Blvd. Suite 106 Minneapolis, MN 55402 Vancouver, WA 98661 NOS Communications, Inc. Ntegrity Telecontent Services, Inc. Glenn Stockton Keith Machen Chief Counsel, Tariff & Regulatory Affairs 62 80 Martin Road 4380 Boulder Highway Columbia, MD 21044 Las Vegas, NV 89121 01 Communications of Michigan, LLC Omniplex Communications Group, LLC James A. Kirkland Richard D. Petty Senior V.P., Spectrum Dev. & Gen. Coun Vice President 2000 E. Lemar Blvd. Suite 730 17 Research Park Arlington, TX 76006 St. Charles, MO 63304 NOW Communications, Inc. Norlight Telecommunications Inc. Larry W. Seab 2 7 5 Corporate Drive President and CEO Brookfield, WI 53045-5818 2000 Newpoint Place Parkway Suite 900 Lawrenceville, GA 30043 Ogden Telephone Company NTERA,INC. Linda Corie 1020 N.W. 163'd Drive General Manager Miami, FL 33169 4726 E. Weston Road Blissfield, MI 49228 OnFiber Carrier Services, Inc. Ontonagon County Telephone Company Glenn Stover-Hanson, Bridgett, Mar Robert W. Oren! Senior Counsel President and Chief Executive Officer 11921 N. Mopac Expressway Ste. 100 108 West Superior Street Austin, TX 78759-3545 Munising, MI 49862-1192 Pathnet Operating, Inc. Pigeon Telephone Company Mary McDermott Edwin Eichler Sr. Vice President and General Counsel President 11720 Sumise Valley Drive 11 S. Main P.O. Box 650 Reston, VA 20191 Pigeon, Ml 48755 Premiere Network Services, Inc. QuantumShift Communications, Inc. Leo Wrobel Edward A. Brinskele President and CEO President 1510 North Hampton Road Suite 120 88 Rowland Way Suite 145 DeSoto, TX 75115 Novato, CA 94945 PaeTec Communications, Inc. Peninsula Telephone Company J. T. Ambrosi Jack Solomonson Manager of Regulatory Affairs President 600 Wilowbrook Office Park 14909 Peninsula Drive Fairpoint, NY 14450-4233 Traverse City, MI 49686 Preferred Carrier Services, Inc. Primus Telecommunications, Inc. Luis Guiterrez Pamela E. Melton Customer Service Regulatory Attorney 14681 Midway Road Suite 105 1700 Old Meadow Road Addison, TX 75244 McLean, VA 22102 Quick Communications, Inc. Qwest Communications Corporation Douglas Quick David L. Ziegler President Regional Director, Policy & Law 5850 Dixie Highway 1801 California Street 4 7th Floor Clarkston, MI 48346 Denver, CO 80202 RACC Enterprises, LLC RVP Fiber Company, LLC Richard L. Bacon Michael D. Phillips Chief Executive Officer Network Coordinator 7381 U.S. 31 North P.O. Box 1200 20 Monroe, N.W. Suite 450 Alanson, MI 49706 Grand Rapids, MI 49503 Sand Creek Telephone Company Springport Telephone Compasny Neil Pearcy William Hammond Plant Manager Vice President 6525 Sand Creek Highway 400 East Main Street P.O. Box 208 Sand Creek, MI 49279 Springport, MI 49284 Qwest Interprise America, Inc. Range Corporation Carol Kuhnow David J. Savolanien Governmental Affairs President 4250 N. Fairfax Drive 13 th Floor 2342 U.S. 41 West Arlington, VA 22203 Marquette, MI 49855 Sage Telecom, Inc. ServiSense.com, Inc. Gary P. Nuttall Christopher McKeown Vice President President and CEO 805 Central Expressway Suite 100 180 Wells Avenue Suite 450 Allen, TX 75013-2789 Newton, MA 02459-3302 Sprint Communications Company, L.P. Superior Technologies, Inc. Brett D. Leopold David Puskala Attorney, State Regulatory 620 South Lake Street 6450 Sprint Parkway Marquette, MI 49855 Overland Park, KS 66251 Talk America Inc. TC3 Telecom Inc. Sharon Thomas Joseph P. Mattausch Director of Regulatory Affairs President 12001 Science Drive, Suite 130 1114-F South Winter Street Orlando, FL 32828 Adrian, Mi 49221 TDS Metrocom, LLC TDS Telecom/Comm. Corp. of MI Shane Kaatz Kirk A. Dewey Manager, Carrier Relations General Manager 525 Junction Road Suite 6000 212 S. Webster Street Madison, WI 53717 Augusta, MI 49012 Tall Grass Communications Inc. Suretel, Inc. Peter Lynch Candice Gately President 5 N. McCormic 1 N. Summit Avenue Oklahoma City, OK 73127 Oakbrook Terrace, IL 60181 TDS Telecom/Chatham Telephone Co. TCG Detroit Holdings I, Inc. Michael A. Pandow 215 S. Washington Square Suite 230 President and Director Lansing, Mi 48933 130 Marquette Street P.O. Box 197 Chatham, MI 49816 TDS Telecom/Island Telephone Company TDS Telecom/Shiawassee Telephone Co. Charlene Burnison Eugene Newell Manager General Manager P.O. Box 78 129 South Main Street Sanford, MI 48657-0078 Perry, MI 48872 Telecents Communications, Inc. Telera Communications, Inc. Jeffrey P. Lauzon Robert Stewart President President 8615 Richardson Road Suite 200 910 East Hamilton A venue Walled Lake, MI 48390 Campbell, CA 95008 Telnet Worldwide, Inc. Telicor Inc. Mark Iannuzzi Lance J.M. Steinhart President 6455 East John's Crossing Suite 285 1395 Wheaton Suite 500 Duluth, GA 30097 Troy, Mi 48083 TDS Telecom/Wolverine Telephone Co. Tele-Phone Communications, Inc. Melody King Kevin Bahri Manager 6142 E. McNichols 4712 E. Main Street P.O. Box 292 Detroit, MI 48212 Millington, MI 48746 Teligent, Inc. Telergy Network Services, Inc. Terri B. Natoli Theresa Atkins V.P., Regulatory Affairs & Public Policy One Telergy Pkwy Legal Dept. - Reports 460 Herndon Pkwy. Suite 100 East Syracuse, NY 13057 Herndon, VA 20170 TOTALink of Michigan, LLC The Free Network, L.L.C. Michael Angi Ascanio Terracciano President 1607 E. Big Beaver Road Suite 201 124 Grove Street Suite 220 Troy, MI 48083 Frankllin, MA 02038 TruComm Corporation U.S. Telepacific Corp. Martin S. Segal D/b/a Telepacific Communications President David P. Glickman, CEO 1608 Barclay Blvd. 515 S. Flower Street 49th Floor Buffalo Grove, IL 60089-4523 Los Angeles, CA 90071 United States Telecommunications, Inc. Universal Access, Inc. D/b/a Tel Com Plus Tina Tyglieski Julie Graton Director of Regulatory Affairs 5251 110 th Avenue, N. Suite 118 233 S. Wacker Drive Suite 600 Clearwater, FL 33760 Chicago, IL 60606 Trans National Communications International, Inc. TrulyClear Communications, Inc. Richard Hargrave Dwayne Carson Chief Financial Officer Vice President, COO, Sales and Marketing 2 CharlesGate West 14365 Livernois Boston, MA 02215 Detroit, MI 48238 United Communications Systems, Inc. United Telecom, Inc. D/b/a Call One Scott Baldwin Craig J. Foster, President 11150 Bridle Path 500 West Madison Street Suite 411 Alanson, MI 49706 Chicago, IL 60661 US Xchange of Michigan, L.L.C. Upper Peninsula Telephone Company D/b/a Choice One Communications Calvin Matthews Mary Whiting Vice President 56 Grandville, SW 397 U.W. 41 N P.O. Box 86 Grand Rapids, Ml 49503 Carney, Ml 49812 VarTec Telecom, Inc. Verizon Select Services, Inc. Sara Miller Patricia Heise DeBarros 1600 Viceroy Drive 6665 Mprt MacArthur Boulevard HQK02D8 Dallas, TX 75235-2306 Irving, TX 75039 Westphalia Telephone Company Waldron Telephone Company Dave Fox 119 S. Main Street P.O. Box 197 General Manager Waldron, MI 49288-0197 109 E. Main Street P.O. Box 327 Westphalia, MI 48894 USBGinc. Verizon North, Inc. Joseph J. Amendala Paul M. Fuglie President AVP - Public Policy & External Affairs 560 I W. 120 th Street 860 Terrace Street Alsip, IL 6065 8 Muskegon,MI 49440 Vertex Broadband, Corp. Waypoint Telecommunications, LLC 925 N. Milwaukee Ave. 124 W. Allegan Suite 1120 Wheeling, IL 60090 Lansing, MI 48933 Williams Local Network, LLC Winn Telephone Company Kathy L. Hough Les Jenkins Regulatory Affairs Analyst Manager One Technology Center TC-7B 2766 W. Blanchard Rd P.O. Box 367 Tulsa, OK 74103 Winn, MI 48896 XO Michigan, Inc. Zenk Group, Ltd. Christine Emmel D/b/a Planet Access Senior Regulatory Analyst Michael Zengerle Two Easton Oval Suite 300 13137 Log Cabin Point Columbus, OH 43219 Fenton, Ml 48430 Z-Tel Communications, Inc. Winstar Communications, LLC Tim Seat Kimberley A. Bradley Vice President of Regulatory Affairs Senior Director of Reg. Affairs 60 l South Harbor Island Blvd. Suite 220 1850 M Street, NW Suite 300 Tampa, FL 33602 Washington, DC 20036 Yipes Transmission, Inc. Zephion Networks Communications, Inc. Bruce Holdridge Woody Traylor V.P., Government Affairs 2950 Gallows Road 114 Sansome Street 9th Floor Falls Church, VA 22042 San Francisco, CA 94010 Great Lakes Comnet, Inc. Global TeleLink Services, Inc. Al Eaton Robert Smith, President President and CEO 2810 Spring Rd. SE Suite 106 6607 W. St. Joseph Suite 200 Atlanta, GA 30339-3066 Lansing, Ml 48917 Hillsdale, City of, Advanced Comm. Utility Group Long Distance, Inc. R. Wesley Kelley Lance J.M. Steinhart Communications Manager 6455 East Johns Crossing Suite 285 45 Monroe Street P.O. Box 271 Duluth, GA 30097 Hillsdale, Ml 49242 Nordic Electric A T & T Broadband William H. Shippy 700 W. Broadway Director of Government Affairs Muskegon, Ml 49441 2010 Hogback Rd, Suite 4 Arm Arbor, Ml 48 l 05 Quest Energy Engage Energy William H. Shippy Mark Stiers, Vice President Director of Government Affairs 3000 Town Center, Suite 2800 173 Parkland Plaza, Suite B Southfield, Ml 48075 Ann Arbor, Ml 48103 DTE Energy Verizon Mark Brown, Director of Marketing Att: Nick Groszowski 101 North Main Street, Suite 300 2441 Olthoff Ann Arbor, MI 48104 Muskegon, MI 49442 AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 3/25/03 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager March 14, 2003 Cross-Lake Ferry Architectural & Engineering Services SUMMARY OF REQUEST: To approve an agreement with Hooker/DeJong Architects & Engineers for architectural and engineering services for the Cross-Lake Ferry Project. FINANCIAL IMPACT: The cost is estimated at $77,000 or less based on the terms of the agreement and the estimated capital cost of the project. BUDGET ACTION REQUIRED: Funds will come from the City's Revolving Loan Fund for this project. STAFF RECOMMENDATION: To approve the attached agreement with Hooker/DeJong Architects & Engineers. COMMITTEE RECOMMENDATION: O:COMMON\DEPTMENT\AOMIN\AGNDA~RM JMS - 0: (CROSSLAKE FERRY-ARCHITECT&ENG SERVICES) HOOKER I DE JONG PROPOSAL January 15, 2003 Mr. Bryon Mazade, City Manager City of Muskegon 933 Terrace Street Muskegon, Ml 49443 RECEIVED PROJECT: Cross Lake Ferry JAN 1 7 2003 MUSKEGON Dear Bryon: CITY MANAGER'S OFFICE INTRODUCTION The City of Muskegon is in for exciting changes with the coming of the Cross Lake Ferry. Hooker I DeJong recognizes the positive impact this project will have within our community and has supported its development for several years. We are pleased that the project is progressing favorably, and are excited about participating in the project's continued development. SCOPE OF WORK: Our support of the Cross Lake Ferry project has always been strong: we prepared and revised several layouts proposed for the Mart Dock site, and I traveled to Milwaukee to present preliminary plans to Lubar & Company in 2001. Hooker I DeJong did so in a voluntary capacity, and the costs that we have donated approach $5,000.00 - all because we want to help make this project happen. We felt privileged for the opportunity to lend our assistance in the early conceptual stages. 410 terrace plaza Given our involvement, we are well suited to assist with the more comprehensive planning, muskegon, mi 494 including further schematic design, design development, construction documentation, bid 231.722.3407 voic negotiation and construction administration. Presently, you anticipate the following program 231.722.2589 fax requirements: Terminal Facility-waiting area with seating for approximately 100, ticketing and passenger bag check-in counters and baggage handling area, vending machine concession and coffee shop area, car rental counter, adequate men's and women's toilet facilities, segregated general office space, and a modestly sized area for retail sales and event ticket sales (CVB). Maintenance Facility-approximately 1,000 to 2,000 square feet to accommodate maintenance operations for the vessels. Site Improvements-parking, drives and staging areas as required to support ferry operations. The preliminary site plan depicts early conceptualization of the site improvements, offers a portrayal of the degree and complexity of site improvements, but will be revised as specific requirements (such as parking, staging and ticketing) are further developed and defined. Vehicle Loading Ramp Apparatus-at the time of this letter, information was not available for this portion of the work, and is not specifically covered in the framework of this proposal. :. , 2: m:a: tw..ca. ta 1. taa 11 HOOKER I DE JONG architects & engineers Cross Lake Ferry Page 2 Once technical information is available, we will be better able to determine the scope of services necessary to design the ramp apparatus. The scope of our proposed services is outlined in more detail in Article 2 of AIA B151 "Abbreviated Standard Form of Agreement Between Owner and Architect", a portion of which is enclosed for your review. COST OF SERVICES: We suggest proceeding with this work for a percent fee basis equaling 7% of construction costs, for construction costs of at least $1.1 million (which allocates $100,000.00 for other project expenses, including professional fees). To limit your risk, we are willing to continue with planning on an hourly basis until the cross-lake ferry project is definite, at which time the proposed fee arrangements would go into effect and your account would be credited for any previously-billed time. For your budgeting purposes, an initial fee of $10,000.00 would bring design work through the schematic design phase. In the event the project is abandoned, Hooker I DeJong would only invoice you for our costs accrued since the acceptance date of this proposal. We hope this flexibility helps allows planning to move forward in a prudent manner. Please review our enclosed Terms and Conditions for additional costs that may be applicable to your project, such as surveying, printing and out-of-town travel. ACCEPTANCE: Bryon, we are eager to continue assisting you with the cross-lake ferry project. Our working relationship with the City is very important to us. Please feel free to offer suggestions that make our proposed involvement viable. Should you find the terms of this proposal acceptable, please sign below and return a copy to us. We are able to proceed once our office has received your approval. Authorized Signature Date Respectfully Submitted, Enclosures: Terms & Conditions Time & Material Rates TERMS & CONDITIONS GENERAL INTENT OF THIS AGREEMENT We assume that our work will be accomplished as a team effort with the Owner, having full cooperation and sharing of responsibilities and information between team members to maintain maximum efficiency, speed and economy RESPONSIBILITIES OF THE OWNER The Owner shall provide our staff on a timely basis all the necessary and pertinent informa- tion used in completing the project. The Owner shall also provide access to the site as needed to conduct our services. Should the Owner request that we exclude bid negotiation and or construction administration from our scope of services, in whole or in part, the Owner assumes full responsibility for carrying the project to completion, including any consequences arising directly or indirectly from our exclusion. In the event of a dispute, liability to Hooker I DeJong Architects & Engineers for professional errors or omissions is limited to our fee, or $100,000.00, whichever is greater. Although we do not anticipate an issue in this regard, any disputes shall be resolved by mediation per the American Arbitration Association guidelines. PROGRESS PAYMENTS Our work is invoiced monthly reflecting progress made to date. Invoices are due and payable within thirty days of their billing. ADDITIONAL COSTS Additional costs shall be charged to cover items for which expense is incurred by our staff in pursuit of relevant project objectives. Typical additional costs include travel expenses outside the West Michigan area, surveys, soil investigations, special studies, special consultants, special reports, models, presentation graphics, plotting, printing, photographs, and expenses that are not typical in everyday A/E operations. Additional costs are submitted to the Owner in advance for approval upon request. ASBESTOS We are not allowed by our liability insurance underwriter to discover and identify asbestos. Any such discovery work must be done by a separate contract. PROJECT CONCLUSION Conclusion of the terms agreed to shall occur when the project is complete or the project is officially abandoned by the Owner, whichever occurs first. In either case, all monies due to Hooker I DeJong for daily and hourly charges and additional costs are due and payable within thirty days of their final billing. Updated 6/06/02 (t Abbreviated Standard Form of Agreement Between Owner and Architect AIA Document 8151 -1997 1997 Edition - Electronic Format This document has important legal consequences. Consultation with an atlomcy is encouraged with respect lo its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AJA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. This document has been approv<;d and endorsed by the American Subcontractors Association and the Associated Specialty Contractors, Inc. Copyright I 974, 1978, 1987, © 1997 by The American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written pcm1ission of lhc AJA violates the copyright laws oflhe United States and will subject lhc Yiolator to legal prosecution. AGREEMENT made as of the day of in the year (In H'Ords, indicate day, mo11tli and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other informmio11) and the Architect: (Name, address and orher i11formntio11) For the following Project: (/11cl11de detailed description of Project. locario11 and address) 1l1e Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated m Articles 2, 3 and 12. 1.2 The Architect's services shall be perfom1ed as expediliously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's appro\'al a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner1s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this sche.dule approved by the Owner shall not, except for reasonable cause 1 be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services Co\·ered by this Agreement arc subject to the time limitations €ontaincd in Subparagraph l l.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Sen·ices consist or those described in Paragraphs 2.2 through 2.6 anti any other services identified in Article 12 as part or I3asic Scn·iccs, and include normal structural, mechanical and electrical engineering scniccs. ,\ L\ l)UCl;t'- !E>-:T B 15 I·,\ BB!U:\' I:\ IT!) ()\\' NEIL\ !U · 111 fl:(· r ,\ti l{]]:j\ 11 '.NT · I 'J')7 1:1 )IT!()'\ · .-\ 1.-\ · CC JI'\'!{!( 11! r I<_)•!- · Tl! 1: ,\,\11:1w '_.\ N l N~'I il\_: l 1: OF ,\l{CIIITl:CJS. 1735 ;,.:I:\\" \'{)Rh: .\\.l'.:\lJE N.\\.. \\":\SIIIN(i It)'.\. !H ". 10U!Jli-529::0. \\-_.\R\T'..:t;· IJ1;l1n•1bcd ph, 1 t, 1,,1p~11\g 1111latt'.S l 1.S. rnpy11:'.l·1 laws and 11 ill subJl'l'I th( 1·inlawr h• kg:!l l'I ,,~.-cu11,n1 J"h1s dl1(u111l·n1 11 as l'l.-,·11 n11lc:dly prndt1Ll <l with r,·rn11~.:-ion or tlw ,\ L\ and c1;1 h,· n:pn1ducl·d 11 ithmn 1 1,,!:J1wn 0 tmtil th,· date 11f c.\pira1inn a~ :;,,:l·J hl·J,,11 l:kctronic Form~t BI~ 1-1997 User Dcicumrnt: 97131510/\.CO:': --9/22/2000. AIJ\ License :\umber I 1398\ ,,·hich on 8/7/2001 -- P:1gc /fl l'\.pirl'S 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review tlie program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 111e Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design De\'elopment Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the fonn of Agreement between the Owner and Contractor. 2.4.3 111e Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approYal of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASED--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to pro\'ide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and tenninates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 111e Architect shall provide administration of the Contract for Construction as set fo11h below and in the edition of AIA Document A20l, General Conditions of the Contract for Constrnction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations oi authority of the Architect under this Paragraph 2.6 shall not be restricted. Al:\ DOCUM!:NT 13 ! 5 l ·A1313REVIXllJ) O\\'J\:EIZ•:\RC!!!lT1.: i' .-\,1R.i:l:\1F'..:·1 - I ')')7 l'.DITJU\1 • r\lA - COl''l'RICil IT 19<)7 · Tl lE :\,\1ER!C,\\" !'.\Sl!Tl!l!'. OF :\RCIIJTECTS, 1735 NE\\' YORK :\Vl.:NUE I\\\" .. \\'A~lil\l.JT{.)\". D.C 20lJIJfi-5292. \\'AR:--:!NG: Unlicensed pho10copying \·inbtcs L'.S l'l1p~righ: \;J\\S and \\"ill subject (he violator 10 kgal pro~ecutinn Th15 1h1.:t\:11<.· ··'- 11 ~~ ~kct!"l111i.::1\I~· prndl!l'L'd with pc'1 missil)!l or the /\ 1,\ and can be rcprnduCl'J 11 !!h11u1 ,·i11l~tit111 until the datc nf expiration as 1w1.:-d bdo11. Electronic Fonn=it B 15 l-1997 User Document: 97815 lOA.. CO> -- 9 1~ ·::woo . .-\IA License Number 113983, which expires on S/7/2001 -- P::igl' fi2. modified or extended without v,.'rittcn agreement of the Owner and Architect with consent of the Contractor, which consent will n0t be unreasonably withheld. 2.6-4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. TI1e Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shaII visit the site at intervals appropriate to lhe stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (I) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to detennine in general if the \Vork is being performed in a manner indicating that the \Vork 1 when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the 'Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor1s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities perfonning portions of the Work. 2.6.7 The Architect shall at all times have access to the Vlork where\'er it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 TI1e Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's ccnification for payment shall constitute a represemation lo the Owner. based on the Architect's evaluation of the \Vork as pro\·ided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment. that the \Vork has progressed to the point indicated and that, to the best of the Architect's knowledge, infonnation and belief, the quality of the \Vork is in accordance with the Contract Documents. The foregoing representations arc subject (l) to an evaluation of the \Vork for confom1ance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to coffection of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 TI1e issuance of a Certificate for Payment shall not be a representation that the Architect has ( 1) made exhaustive or continuous on-site inspections to check the quality or quantity of the \Vork, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previous! y paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject \Vork that does not confom1 to the Contract Documents. \:Vhenever the Architect considers it necessary or ad\·isablc, the Architect shall have authority to require inspection or testing of the \Vork in accordance \\'ith the provisions of the Comract Documents, whether or not such Work is fabricated. insw!ied or completed. Howe\·er, neither this atllhority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall gi\'e rise to a duty or responsibility of the Architect to the Contractor, Subcontractors. material and equipment suppliers, their agents or employees or other persons or entities perfonning portions of the Work. 2.6.11 The Architect shall re\'icw und approve or take other appropriate action upon the Co111racror's submit1als such as Shop Drawings. Product Data and Samples. but only for the limited purvosc or d1ecking (nr conform:rncl' \\ i1h information given and :\I:\ nocu:--.11:\'r 11i:'l-_\ll13Rl:\'i.\ 11 IJ ( )\\'~~h\-,\:-:(·111 ITCT 1\CiR!:l:\1i:\T- I')')~ !:I): i i1 )\, - .-\J \ - ( "()l'Yl{i, ii! r 1,1,;-. l"iH: ,\.\!l'.R!C..\:'\ INSTITl :·11: or ARC] !ITF.Crs. 1-_,) \T\\" YURi-...:. _-\ \"l·.\1 ·1- \,_\\'. \\"_.\'-,)!!NGTO:---:. j).t' 20(1{1(1-:>:<J: \\"_.\R:\l"t ;_ \ 'nliLl'll~l','. 11h!\l!lC(l:':·: '"' \ltli:J:cs U.S. c,1pyright 1:i~\~ and \\'ill subject iii,: 1111b1.w 1,, lc~'.;·,I ;1·:,,~LL\l',h':: ·1 h·.~ ,:..i..:urn(nl 1r~s .:lcnH1nicall_v p1 od11,,:l',\ \I 1th j'l'n111~~1,,11 1,f thL' _.\ L\ :m(! c ,·: :,l, r,:pr,1duced withlHl\ ,,ioh.1ti1,n 1111!il th,: da!L {Ii" l'\i'; :::h,n :J:'- :1<1k,i h,·],lll Ek.:trnnic Format 8151-1997 Lscr Documl~nt: 97B l :i l 0.-\.CO\" -- 9/22/2000. Al:\ Licl'BSL' \"umbl·r 11 ~98.>. \\·liich t:\pircs on S/7/2001 -- Page •(3 tf.~ design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to pennit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures, The Architect's approval ofa specific item shall not indicate approval ofan assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate perfonnance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals perfonned by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to detennine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning perfonnance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents.
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