View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 26, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
a. Recognition of Richard M. Freye
• PRESENTATIONS:
a. Michigan AmeriCorps Signature Service Project
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Sale of Buildable Vacant Lot on Adams Drive. PLANNING &
ECONOMIC DEVELOPMENT
c. FIRST READING: Zoning Ordinance Amendments for Parking
Standards. PLANNING & ECONOMIC DEVLEOPMENT
d. Amendment to Future Land Use Map - East Sherman Corridor.
PLANNING & ECONOMIC DEVELOPMENT
e. First Reading: Rezoning for Property Located at 1B88 E. Sherman
Blvd. PLANNING & ECONOMIC DEVELOPMENT
f. Summer Celebration. LEISURE SERVICES
g. Consideration of Bids for Randolph Sanitary Sewer (S-569).
ENGINEERING
h. Discontinue the Housing Stock Review Committee. COMMUNITY
RELATIONS COMMITTEE
• PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate - DSC
Products. Inc. PLANNING & ECONOMIC DEVELOPMENT
b. Create Special Assessment District for Division. Southern to
Western. ENGINEERING
c. Create Special Assessment District for Washington, Division to
Franklin. ENGINEERING
d. Create a Special Assessment District for Houston, First to Third.
ENGINEERING
e. 2002-2003 CDBG/HOME Funding. COMMUNITY & NEIGHBORHOOD
SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
a. Contract for Payments in Lieu of Taxes for Arbors at Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT
o NEW BUSINESS:
a. Finlay Housing Proposal. PLANNING & ECONOMIC DEVELOPMENT
b. Consideration of Proposals for Engineering Services on: Seaway
Industrial Park.
c. Notice of Intent Resolution 2002 Special Assessment Bonds
(Sidewalks}, FINANCE
d. Final Amendments to 2001 Budget. FINANCE
e. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish 768 Scott. INSPECTIONS
f. Purchase of 850 Wood. COMMUNITY & NEIGHBORHOOD SERVICES
g. Approval of Resolution to sell 315 Catawba. COMMUNITY AND
NEGHBORHOOD SERVICES
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: To discuss pending litigation
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 1O minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
(lttty nf
uslttgnu
~tatr nf flir4igau
WHEREAS, the City of Muskegon pauses to honor and recognize Richard M. Freye who just recently
passed away; and
WHEREAS, Richard M. Freye was nominated to City Commission in August of 1979, and then
elected to City Commission in November of 1979; and
WHEREAS, Richard M. Freye served his community through participation on the Public Facilities
Committee, the Community-Industrial Development Committee, the Chase Hammond
Golf Course Commission, the Torrent House Preservation Board, the Recreation & Parks
Board, the Depot Proposal Review Committee, and the Election Commission; and
WHEREAS, Richard M. Freye also served as Vice Mayor of the City from 1982 - 1983, and was
appointed as an alternate to the Michigan Municipal League; and
WHEREAS, the City of Muskegon is proud and thankful to have had such an individual in our
community who showed care, concern and value for the lives of many in our community.
NOW, THEREFORE, BE IT RESOLVED, that I, Steve Warmington, Mayor of the City of Muskegon, and
speaking on behalf of the City Commission and citizens in Muskegon, do hereby set aside this evening to
recognize our friend, Richard M. Freye, for his contribution to this community.
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, February 11, 2002; and the
Regular Commission Meeting that was held on Tuesday, February 12,
2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 26, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30, Tuesday February 26, 2002.
Mayor Warmington opened the meeting with a prayer from Terees Williams, a City
employee from the DPW Department, 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: Commissioners Larson, Schweifler, Shepherd, Spataro, Mayor Warmington,
Vice Mayor Buie and Commissioner Gawron.
2002-21 HONORS AND AWARDS
a. Recognition of Richard M. Freye
Commissioner Larson read to the public, a Resolution recognizing and honoring
Richard M. Freye, a former City Commissioner who had recently passed away.
2002-22 PRESENTATIONS
a. Michigan AmeriCorps Signature Service Project
Program Director, Kris Collee from the Volunteer Muskegon's AmeriCorps
explained, to the Commissioners and public, Michigan's AmeriCorps Signature
Service Projects, hosted by the Volunteer Muskegon's AmeriCorps on Saturday, May
11, 2002. She explained the origin of the AmeriCorps and the many projects the
Corps is involved with.
2002-23 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission worksession
that was held on Monday, February 11, 2002; and the Regular Commission
meeting that was held on Tuesday, February 12, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
b. Sale of Buildable Vacant Lot on Adams Drive. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot on Adams
Drive (designated as parcel number 24-613-000-0789-00) described as W 55 ft. of
Urban Renewal Plat No. 4, Lot 789 to Roosevelt Sherrod, of 1310 Creston,
Muskegon, Ml. The lot is 55 x 160 ft. and is being offered to Mr. Sherrod for $3,500.
He plans to use the land to combine with another lot he owns adjacent to it on
Roberts Street for the construction of a 1,781 sq. ft., single-family home facing on
Adams Drive. The home will contain 3 bedrooms, a full basement and a 2-stall
attached garage. The appraised value of the lot is $3,500 and Mr. Sherrod
submitted the only bit of $3,500.
FINANCIAL IMPACT: The sale of this lot for construction of a new 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.
COMMITTEE RECOMMENDATION: LRC recommended approval of this request at
their January 22, 2002 meeting.
d. Amendment to Future Land Use Map - East Sherman Corridor.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to endorse the Planning Commission's adoption
of an amendment to the Future Land Use Map of the Master Land Use Plan,
regarding land uses along E. Sherman Blvd., east of US-31.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City Commission endorse
the amendment to the Future Land Use Map of the Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission has adopted the
amendment and recommends that the City Commission endorse the amended
map.
e. FIRST READING: Rezoning Request for Property Located at 1888 E.
Sherman Blvd. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone owned by the Muskegon County
School Employees Credit Union, located at 1888 E. Sherman Blvd., from 1-2
General Industrial to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/14 meeting. The vote was unanimous.
f. Summer Celebration Request. LEISURE
SUMMARY OF REQUEST: The Summer Celebration Committee has requested the
use of various City facilities and services at no cost for the 2002 event. However,
they are willing to provide a partial reimbursement depending on the financial
success of the festival.
FINANCIAL IMPACT: Approximately $45,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
h. Discontinue the Housing Stock Review Committee. COMMUNITY
RELATIONS COMMITTEE
SUMMARY OF REQUEST: The Community Relations Committee voted to discontinue
the Housing Stock Review Committee. The committee was originally created with
the understanding that it was a temporary committee to work with the Inspections
Department. The Community Relations Committee wants to thank the Housing
Stock Review committee members and encourage them to apply for openings on
other committees.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve
the consent agenda with items c and g removed for further discussion.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson
Nays: None
MOTION PASSED
2002-24 ITEMS REMOVED FROM CONSENT AGENDA
g. Consideration of Bids for Randolph Sanitary Sewer (S-569).
ENGINEERING
SUMMARY OF REQUEST: The contract, S-569, to construct 8" sanitary sewer along
Randolph from Westwood to the west end be awarded to Link Contractors out of
Twin Lake since they were the lowest (see bid tabulation) responsible bidder with
a bid price of $10,566.00.
FINANCIAL IMPACT: The construction cost of $10,566.00 plus associated
engineering cost which is estimated at an additional 15% of the construction cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to link Contractors.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the project and to award the contract to Link Contractors for the bid
price of $10,566.00.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Schweifler
Nays: None
Abstain: Larson
MOTION PASSED
c. FIRST READING: Zoning Ordinance Amendments for Parking Standards.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the parking standards of the Zoning
Ordinance in order to update and modernize the requirements, as described in
the proposed ordinance.
FINANCIAL IMP ACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance as described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their meeting on 2/14/02. The vote was unanimous.
Motion by Commissioner Larson, second by Commissioner Schweifler to
approve amendments of the Zoning Ordinance.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
2002-25 PUBLIC HEARING
a. Request for an Industrial Facilities Exemption Certificate - DSC
Products. Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, DSC
Products, Inc. 1979 Latimer Drive, Muskegon, Michigan has requested the
issuance of an Industrial Facilities Exemption Certificate. Since the total capital
investment for this project is $305,000 in real property, $415,000 personal property,
as well as creating 7 new jobs, this request qualifies DSC Products, Inc. for a twelve
( 12) year exemption for real property and a seven (7) year exemption for personal
property. DSC's current workforce is 36.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion (see Summary Sheet)
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve (12) years for real property and
seven (7) years for personal property.
COMMITTEE RECOMMENDATION: None
The public hearing opened at 6:10pm to hear and consider any comments from
the public. No comments were heard from the public.
Motion by Commissioner Schweifler, Second by Commissioner Larson to
close the Public Hearing at 6:13pm and to approve the resolution granting an
Industrial Facilities Exemption Certificate for the term of twelve (12) years for real
property and seven (7) years for personal property.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
b. Create Special Assessment District for Division. Southern to Western.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Division, Southern to Western and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors if
it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:14pm to hear and consider any comments from
the public. There was an objection to the project heard by Suzanne McIntyre, 862
W. Southern and objection to the cost to house owners and not to the project
heard by Louise Johnson, 1533 Division St.
Motioned by Commissioner Spataro, second by Commissioner Gawron to
close the Public Hearing at 6:27pm and to approve to create the special
assessment by adopting the resolution and assign Commissioner Gawron and
Commissioner Spataro to the Board of Assessors.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
c. Create Special Assessment District for Washington. Division to Franklin.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Washington, Division to Franklin and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors if
it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:27pm to hear and consider any comments from
the public. There was an objection from Josh Vanderstash of 1006 Washington
and in favor was Eugene La Roux of 3558 Mohawk, Norton Shores (owner of 1021
Washington).
Motion by Commissioner Gawron, second by Commissioner Schweifler to
close Public Hearing at 6:45pm and approve to create the special assessment
and assign Commissioner Gawron and Commissioner Spataro to the Board of
Assessors by adopting the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie
Nays: None
MOTION PASSED
d. Create a Special Assessment District for Houston. First to Third.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Houston Ave., First to Third 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.
A Public Hearing was opened at 6:46pm to hear and consider any comments
from the public. There were objections from Leonard Gokey(Ruth) of 194, Houston
Ave., and George Gokey of 200 Houston Ave.
Motion by Commissioner Shepherd, second by Vice Mayor Buie to close the
Public Hearing at 6:59pm and to approve to create the special assessment and
assign Commissioner Shepherd and Commissioner Larson to the Board of
Assessors by adopting the resolution.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
e. 2002-2003 CDBG/HOME Funding. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To have a public hearing in order to receive comments
from the public concerning the City's Annual Community Development Block
Grant and HOME entitlement. The Community and Neighborhood Service
Department solicited proposals from the public beginning in November of 2001.
The packet that you have contains all the proposals received by the CNS
department from both outside agencies and City departments. The City of
Muskegon is scheduled to receive $1,376,000 in CDBG funds and $137,000 in
HOME funds.
The purpose of this public hearing is to give an overview of the program and to
obtain comments from the public if there are any.
FINANCIAL IMPACT: None
BUDEGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To have the public hearing.
COMMITTEE RECOMMENDATION: None
A Public Hearing was opened at 7:00pm to hear and consider any comments
from the public. There were no comments made by the public.
Motion by Commissioner Larson, second by Vice Mayor Buie to close the
Public Hearing at 7:06pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson
Nays: None
Not Present: Schweifler, Shepherd
MOTION PASSED
2002-26 CITY MANAGER'S REPORT
City Manager Bryon Mazade requested to remove from the Agenda under New
Business item b.
2002-27 UNFINISHED BUSINESS
a. Contract for Payments in Lieu of Taxes for Arbors at Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT
STAFF OF REQUEST: A contract providing for payments in lieu of taxes for Arbors at
Jackson Hill (currently property owned Don Balcom (see map) has been
requested in accordance with Section 2-6 of the City Code of Ordinances.
Members of the Sterling Group have met with City Staff, as well as members of the
Jackson Hill Neighborhood Association. Although the Association was supportive
of their project, in concept, they were not presented with the income levels for
the tenants (since those numbers were only received by the City immediately prior
to the 2/12/02 Commission meeting). This item was tabled by the City Commission
at the February 12 meeting. Since that time, Sterling has modified some of their
numbers to include a larger percentage of tenants in the 60% of median income
range (see memo).
STAFF RECOMMENDATION: Staff's recommendation is for the City Commission to
make a decision on this item based on future policy regarding PILOTS.
FINANCIAL IMPACT: Payments under the contract are recommended to be eight
present (8%) of the highest contract rents for all eligible units, whether occupied or
not. This amount is four percent (4%) higher than our previous PILOT Agreements
for other projects.
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The City Commission Working Session reviewed
this item at their 2/11 /02 meeting and had concerns with the number of 40-45%
area median income units.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
deny request for PILOT for Abors at Jackson Hill.
ROLL VOTE: Ayes: Spataro
Nays: Shepherd, Warmington, Buie, Gawron, Larson, Schweifler
MOTION FAILED
Motion by Commissioner Shepherd, second by Vice Mayor Buie to approve
request for PILOT for Arbors at Jackson Hill.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: Spataro
MOTION PASSED
2002-28 NEW BUSINESS
a. Finlay Housing Proposal. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Craig Jeup from Finlay Properties, Inc. has been working
with City Staff for several months on a possible housing development in Jackson
Hill. Mr. Jeup is interested in purchasing several lots from the City of Muskegon,
which are located above the Smith Ryerson Park. He is planning to develop
approximately 40 senior citizen units, which will be duplexes, triplexes and/or
fourplexes. Mr. Jeup will be requesting a PILOT for the project, which will come
before the Commission in March. Also, Mr. Jeup has met with the Jackson Hill
Neighborhood Association and they are a supportive of the project. The project is
consistent with the Jackson Hill Housing Plan, which was developed over two
years ago. The Plan anticipated multi-family in this area. The neighborhood was
also interested in having senior housing in their neighborhood for their existing
residents, as they become interested in moving from their single-family homes into
apartment-style living. The request before the Commission is to authorize staff to
continue working with the developer as he attempts to secure land control of the
site (see outline).
FINANCIAL IMPACT: None at this time (in the next few weeks the developer will be
requesting a PILOT, also the City would receive revenue from the sale of the lots).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize staff to continue working with the
developer on land control and the PILOT application.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to
authorize staff to continue working with the developer on land control and the
PILOT application.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
b. Consideration of Proposals for Engineering Services on: Seaway
Industrial Park
This item was removed during the City Manager's Report.
c. Notice of Intent Resolution 2002 Special Assessment Bonds
(Sidewalks). FINANCE
SUMMARY OF REQUEST: The City is in the midst of an aggressive citywide sidewalk
improvement program. To finance the up front costs, it is periodically necessary to
issue special assessment bonds. These bonds will be paid from special
assessments levied against benefiting property owners. The first step in the
borrowing process is adoption a Notice of Intent Resolution which notifies citizens
of the City's intent to borrow and allows for a 45-day period during which petitions
could be filed to force a referendum on the issue.
FINANCIAL IMPACT: The only immediate financial impact is the costs of publishing
the Notice of Intent in the Chronicle.
The resolution indicates the City may borrow up to $1,500,000; the actual amount
will be considerably less. The bonds will be paid from special assessments over 10
years and will carry, as a secondary pledge, the City's limited full faith and credit.
This means that if special assessment income falls short of the amount needed to
make annual debt service payments, the City's General Fund will be required to
make up the shortfall.
If bonds are issued, the full financial impact will not be known until bonds are sold
and interest rates determined.
BUDGET ACTION REQUIRED: None at this time. The annual debt service costs will
be budgeted in future years as well until the bonds are retired.
STAFF RECOMMENDATION: Approval of the notice of intent resolution.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Larson, second by Commissioner Spataro to approve
the Notice of Intent Resolution 2002 Special Assessment Bonds (Sidewalks)
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
d. Final Amendments to 2001 Budget. FINANCE
SUMMARY OF REQUEST: Adoption of the year-end amendments to the City's 2001
Budget to assure compliance with the State Uniform Budget Act. This act requires
that budgets for "governmental-type" funds (i.e. general fund, special revenue
funds, and debt service funds) be amended so that expenditures are not reported
in the City's audit as exceeding legal appropriations.
FINANCIAL IMPACT: These budget amendments establish the final 2001 authorized
revenue estimates and spending limits for the various City departments and funds.
The schedule shows how the amended budget varies from the original budget
(and subsequent budget reforecast) previously approved by the City Commission.
BUDGET ACTION REQUIRED: Self-explanatory
STAFF RECOMMEDATION: Approval
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Schweifler, second by Vice mayor Buie to approve
the budget amendments in the 2001 Budget.
ROLL VOTE: Ayes: Gawron, Lorson, Schweifler, Shepherd, Spataro,
Wormington, Buie
Nays: None
MOTION PASSED
e. Concurrence with the Housing Boord of Appeals Notice and Order
to Demolish 768 Scott. INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 768 Scott 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.
FINANCIAL IMPACT: CDBG Funds
BUDET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
Motion by Commissioner Shepherd, second by Commissioner Lorson to
concur with the Housing Boord of Appeals decision to demolish.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
f. Purchase of 850 Wood. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: to approve the purchase of the property located at 850
Wood (City of Muskegon revised plat of 1903 W 1/ 4 feet of Lot 5 Block 46) from
John Wesley AME Zion Church 886 Wood for the appraised price of $10,000.
If approved by the Commission, the CNS department will request bids from
qualified contracts for the rehabilitation of the structure. After rehabilitation is
completed this totally rehabilitated American Gothic home will be sold to a
qualified family.
FINANCIAL IMPACT: Funding for purchase will be allocated from 2001 HOME
funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve request for purchase of 850 Wood St.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson
Nays: None
MOTION PASSED
g. Approval of Resolution to sale 315 Catawba. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: to approve the resolution and instruct the Community and
Neighborhood Services department to complete the sale of the tax-reverted
obtained rehabilitated structure at 315 Catawba to Michael Harman to be used
as an owner-occupied single family residence.
FINANCIAL IMPACT: The HOME fund will receive $43,762.93 in program income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved the
rehabilitation and the Commission in March of 2001 approved the awarding of
the rehabilitation contract.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the resolution to sell 315 Catawba.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
2002-29 CLOSED SESSION: To discuss pending litigation
Motion by Commissioner Schweifler, second by Vice Mayor Buie to go into
closed session at 8:40pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
Motion by Commissioner Shepherd, second by Commissioner Schweifler to
return to open session at 9:01 pm.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
Motion by Commissioner Shepherd, second by Commissioner Schweifler to
concur with the recommendation of City Attorney.
ROLL CALL: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 9:04pm.
Respectfully submitted,
Gail Kundinger, CMC/ AAE
City Clerk
Commission Meeting Date: February 26, 2002
Date: February 14, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c@G
RE: Sale of Buildable Vacant Lot on Adams Drive
SUMMARY OF REQUEST:
To approve tt,e sale of a vacant buildable lot on Adams Drive (designated as parcel number
24-613-000~ 789-00) described as W 55 ft. of Urban Renewal Plat No. 4, Lot 789 to
Roosevelt Sherrod, of 1310 Creston, Muskegon, Ml. The lot is 55 x 160 ft. and is being
offered to Mr. Sherrod for $3,500. He plans to use the land to combine with another lot he
owns adjacent to it on Roberts Street for the construction of a 1,781 sq. ft. single-family
home facing on Adams Drive. The home will contain 3 bedrooms, a full basement, and a 2-
stall attached garage. The appraised value of the lot is $3,500 and the Mr. Sherrod
submitted the only bid of $3,500.
FINANCIAL IMPACT:
The sale of this lot for construction of a new 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:
LRC recommended approval of this request at their January 22, 2002 meeting.
2/14/02
Resolution No. 2002-23 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON ADAMS DRIVE IN
MARQUETTE NEIGHBORHOOD FOR $3,500.
'
WHEREAS, Roosevelt Sherrod has placed a $400 deposit for the parcel designated as parcel
numbers 24-613-000-0789-00, located on Adams Drive;
WHEREAS, Roosevelt Sherrod has submitted the only bid of $3,500 for the parcel designated as
parcel numbers 24-613-000-0789-00, located on Adams Drive;
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 City policy regarding the disposition of buildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-613-000-0789-00, located on
Adams Drive be sold to the above-mentioned buyer.
W 55 FT OF URBAN RENEWAL PLAT NO. 4 LOT 789;
Adopted this --2.6.th day of February, 2002
Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
Absent None
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 February 26, 2002.
By: ..._1:::.'::...::·a.J_=-=-·~='
;,,:;Le:,!-,c,.c:k::::'._·"":..::':µi...,1
Gail Kundinger, 9
"'
~ - - - -
~T~
~
- ·1S 0-.l 3cl - - - - ~ - - -- - -
.- r ---r--
- - - -- -
- ---1 ~- ~ L= --~~ -~ - - • -~ -_--
- -B 4-
=- ~ -
Iii - --- -_ ~- -- --
·•
- -- ___ <( ---- - (/j) - -
- --~c---- --:_ ~ - ---LH ~-_. :-- ::,r::_::_ ~~~~--=
--- d-
~
-- --- -- f_-_ - -- --- --
I b
·1s1 OH S - - ~
"~~13
·1ss1
-L.
oc1 -- - -
- -
- -
}--11 J r~~-1
1 rlr~~~
REAL ESTATE PURCHASE AGREEMENT
2002-23(b)
THIS AGREEMENT is made iF:, i~.- c, ii'"' __:µ,-, , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation:,'Jwith offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and ROOSEVELT SHERROD, a married man, of 1310 Creston
Street, Muskegon, MI 49442 ("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:
The West 55 feet of Urban Renewal Plat No. 4, Lot 789.
Subject to the reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Three Thousand Five Hundred Dollars ($3,500).
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'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 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
umeasonableness of restriction and such unmarketability of title, to remedy such objections. 1f
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. 1f 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 owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
G:IEDSIIFILES\00I00\05510!\RPA-RESIIAl9739.DOC - ] -
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries 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.
7. 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 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.
8. 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.
9. Closing. The closing date of this sale shall be on or before i\l (lee "'I-fr
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insuranc1 Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
G:\EDSI\FILES\00I00\055101\RPA-RESI\Al9739.DOC -2 -
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. 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.
I 4. 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 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,
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.
G:IEDSIIFILES\001001055101\RPA-RESJIAI9739.DOC • 3-
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:
-re ~ .-. " I<r ~ \G.-:. ll\\ <;, \'.'.'. \
'f'\'")~
\y~
:c /J LU :cl- '.'-!)1 ~P_itctt~
Q.n3, (LI' ..tt f)\:73 I c,:,tt.
BUYER:
elii)\J--L-ULk-
Roosevelt Sherrod
~J2
,,,, . . . . . ,,. ~·
Social Security No. .J '{Lf-t, (,p •Jlb::?
G:IEDSIIFILES\001001055101\RPA-RESI\AJ9739.DOC • 4 •
QUIT-CLAIM DEED
2002-23(b)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Michigan municipal corporation, of933 Te1Tace
Street, Muskegon, Ml 49440,
QUIT CLAIMS to ROOSEVELT SHERROD, a married man, of 1310 Creston Street, Muskegon, Ml 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
The West 55 feet of Urban Renewal Plat No.4, Lot 789;
for the sum of Three Thousand Five Hundred Dollars ($3,500) .
.PROVIDED, HOWEVER, Grantee, or his assigns, shall commence construction ofone (1) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the City
of Muskegon free and clear of any claim of Grantee or his assigns. In addition, the City of Muskegon may retain the consideration for
this conveyance free and clear of any claim of Grantee or his assigns. Buyer shall remove only those trees necessary for construction
of the home and driveway. "Complete construction" means: (!) issuance of a residential building permit by the City of Muskegon;
and, (2) in the sole opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwelling described in the
said building permit. In the event of reversion of title of the above described premises, improvements made thereon shall become the
property of Granter. Provided, further, that Grantee covenants that the parcel described above shall be improved with not more than
one (1) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These covenants and
conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i),
Dated this -'~""i,,__day of =t-tl.,> l-< q tu()
1 , 2002.
Signed in the presence of:
-::ro t1 " ri l< Y'\1--\<it, w ~ IC i
~jllli±Tu :-P~
f'r0.-\-'iQ,;' ~"t.. f'ft._,:-p \ ().,tt
G:\EDSI\FILES\00100\055101 \DEED-QUI\A 19618.DOC
I
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this:).'?
day o f J : , ! 1 ~ ~ , 2002, STEPHEN J.
WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the C I T Y ~ON, a municipal
corporation, on behalfofthe City.
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole
. ~ oA k'ru Ko C
t\ I") VY\
Notary Public, Muskegon County, Michigan
i= i
175 W. Apple Avenue My commission expires: 'S. \~~ DS
Musk,egon, Ml 49443-0786
Telephone: 231. 722.1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:\EDSI\FILES\00100\055101 \DEED-QUI\A 19618.DOC
Commission Meeting Date: February 26, 2002
Date: February 18, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Develop~
RE: Amendment to Future Land Use Map of Master Land Use
Plan
SUMMARY OF REQUEST:
Request to endorse the Planning Commission's adoption of an amendment to the
Future Land Use Map of the Master Land Use Plan, regarding land uses along E.
Sherman Blvd., east of US-31.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the City Commission endorse the amendment to the Future
Land Use Map of the Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission has adopted the amendment and recommends that the City
Commission endorse the amended map.
2/18/2002
CITY OF MUSKEGON
RESOLUTION #2002- 23 (dl
RESOLUTION OF SUPPORT ENDORSING THE AMENDED FUTIJRE LAND USE MAP
OF THE CITY OF MUSKEGON MASTER LAND USE PLAN
WHEREAS, a public hearing on the proposed amendment to the Future Land Use Map was held
by the Planning Commission on February 14, 2002, where the amended map was subsequently
adopted, as required by State Law;
WHEREAS, the Planning Commission wishes to also receive the endorsement of the City
Commission for this amendment to the Future Land Use Map;
NOW, THEREFORE BE IT RESOLVED, that the City Commission endorses the amended
Future Land Use Map of the Master Land Use Plan.
Resolution adopted this 26th day ofFebrnary, 2002.
Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
Absent:
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on February 26,
2002. 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
2/18/2002
ity of Muskegon N
roposed Amendment to Future Land Use Map W~E
xcerpt = Port City Industrial Park Area and Sherman Blvd. East of US-31
Future Land Use
landuse.shp
Muskegon Township ~ R1 RT-Single &TIIIO-Family Residential
D MF -!vlllti-Farnily Residential
1:;\Jfrt,;E;tl DLRA- DowntOMillakeshCfe Redev. ma
D OFF - Office
- COMM- Commercial
l':':<j IND-Industrial
['iii)1j'i!\ij OP- PublidQuasi Public
l/it4lf-I;J M- Marina
LJ 08-()penSpao,
- WL-\Mm-
Fmitport Township
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 15, 2001
Hearing; Case 2001-37: Request for an amendment to the Master Land Use Plan to look at
issues related to Sherman Blvd., east of US-31.
BACKGROUND
Since last month's meeting, staff has done research into the Sherman Blvd. corridor, as requested
by the Planning Commission. Several maps are enclosed in this packet for review, including the
current zoning, future land use, and existing businesses. Staff has also spoken with Connie
Smith, Fruitport Township Supervisor. Fruitport does not currently have a Master Plan or Future
Land Use Map, but are currently undergoing a master planning process. Staff has shared copies
of Muskegon's zoning map, future land use map, and master plan for the area bordering Fruitport
Twp. with Ms. Smith, and we have agreed to update each other on each of our processes
regarding this area. A copy of Fruitport Twp. 's zoning map is being sent to staff and will be
available at the Planning Commission meeting. Ms. Smith anticipates that their master planning
process will take at least a year to complete.
Staff has driven the Sherman Blvd. corridor and taken pictures of several of the businesses (see
below). As the pictures and maps show, the corridor is heavily based toward retail businesses
from US-31, east to approximately Sundolphin Dr. From that point further east, both sides of the
street mainly contain either small industrial uses or vacant property. There are several new
businesses currently under construction - the Goodwill store reviewed by the Planning
Commission in September, the Wendy's restaurant reviewed in July, and a combination
convenience store, gas station and car wash, which was recently approved and did not require
Planning Commission review. These can all be seen on the enclosed map of existing businesses.
In 1998, when the property for ABC Warehouse was rezoned on the south side of Sherman
Blvd., there was one property owner, Pacer Transit, who opposed rezoning the entire soutl1 side
of Sherman within the City limits to B-4. They stated that they were an existing industrial use
and wished their property to remain zoned as I-2, so that they would not become a
nonconforming use. Therefore, the B-4 rezoning was restricted to everything west of and
including the ABC Warehouse property.
Staff has spoken to several of the property owners along the corridor. Their comments are
summarized below:
• Lakeshore Orthotics & Prosthetics, 1887 E. Sherman Blvd., Mary Phister
Ms. Phister feels that a move to retail in the area would be good. If no opportunities for retail
City of Muskegon Planning Commission - J J/15/0 I I
are available along Sherman, the retailers will go to the Sternberg area instead. The
downtown isn't a viable option anymore in her mind. She feels that the city is correct to
amend the Master Plan to allow more retail uses to go in the Sherman area - there are nice
businesses going in there, and with the restaurants and hotel there will bring more people to
the area if there is a good variety of shopping opportunities.
• Pacer Transit, 2031 E. Sherman Blvd., Greg Beauregard
Mr. Beauregard spoke against rezoning his property to co111111ercial in 1998 and still feels the
same way. He stated that he would like to see the corridor remain industrial - he believes that
industrial uses bring in more income for the city, and that the city needs more industries, not
retail uses. He strongly feels that his prope1ty should remain industrial and would not want
to become a nonconforming use by being rezoned commercial. He has no desire to leave the
city.
• Frito Lay, 2541 Black Creek Rd., Ava Macari
Staff left a message for Ms. Macari and will bring her co111111ents to the meeting.
• Reid Tool Supply Co., 2170 E. Sherman Blvd., Michael Norkus
Staff left a message for Mr. Norkus and will bring his comments to the meeting.
Staff will continue to survey existing businesses and property owners and will bring any
additional comments to the meeting.
Staff understands that a major interchange, such as the Sherman Blvd./US-31 one, tends to draw
a great deal of retail and commercial uses. There is already a hotel in the area, several restaurants
(both fast-food and sit-down), and many shopping oppottunities as well. Several of the recent
businesses who have opened along the interchange are not new to the Muskegon area, but are
transplants from other parts of Muskegon, which then leaves other facilities empty. This
phenomena can lead to blight and additional abandonment if there is more commercial space
available then a region can suppott. Recent transplants from other places in the city include
Goodwill, and the Bargain Books store.
Another point that staff wishes the Planning Commission to consider is that Sundolphin Dr. is a
distance of approximately 1500 feet from the exit ramp from US-31. The businesses currently
located between US-31 and Sundolphin are close to the interchange, easily visible from the exit
ramp (and the freeway itself) and constitute a concentration of highway commercial. If the
commercial uses start spreading fmther down Sherman Blvd., out of easy view from the exit
ramp and freeway, how far will most people drive when there is a good amount of shopping and
dining choices closer to the freeway? Will the businesses located fmther down the corridor be as
viable as the ones located closer to the interchange? How much are we promoting strip
commercial development, which can cause blight if the end result is empty storefronts
elsewhere? If strip commercial spills over into Fruitpmt Township will that have the potential of
fmther draining Muskegon of commercial uses? If we "seal off" the commercial with existing
industrial uses, the spillover into Fruitpo1t may be less.
City of Muskegon Planning Commission - 11/15/01 2
Below are a couple of photos which staff took while driving the corridor, of existing industrial
uses along Sherman Blvd., which appear to be viable and flourishing. There are several other
existing industrial uses as well, which are not pictured.
Below is a picture of the former Campbell Grinder building, currently under renovation for
Goodwill. It is very obvious that the building was not built for retail purposes, as it is not of the
quality seen further east on the corridor, where buildings were built specifically for retail
purposes. It was most likely less expensive to retro-fit the existing industrial building for
Goodwill, than to tear it down and rebuild a new building.
And lastly is a picture of a sign currently located in front of the Dyna-Torque facility, which is
currently zoned I-2, but is located between the Muskegon County School Employees Credit
Union, and Sundolphin Dr. (on the other side of which is the new Goodwill store), both of which
are commercial uses. Is the real estate sector promoting premature conversion of industrial land?
City of Muskegon Planning Commission - I 1/15/01 3
City of Muskegon Planning Commission - l l/15/01 4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Febrnary 14, 2002
Hearing; Case 2001-37: Request for an amendment to the Master Land Use Plan to look at
issues related to Sherman Blvd., east of US-31.
BACKGROUND
As requested by the Planning Commission at the November, 2001 meeting, staff has sent notices to
the property owners and tenants along this stretch ofUS-31, informing them of the date and time of
the public hearing. An article also appeared in the Muskegon Chronicle on this issue. Staff has
prepared a proposed amendment to the Future Land Use Map, based on discussion at the November
meeting about which areas should remain industrial and which areas would be more appropriate as
commercial. The proposed amendment is included in this packet for review. Staff has received
letters from Fruitport Township, in support of commercial zoning for this area, and from THF
Realty, owners of the Westshore Plaza Shopping Center development on the south side of Sherman
Blvd. THF has concerns with the amount of traffic that additional commercial zoning along the
corridor will create.
City of Muskegon Planning Commission - 2/14/02 1
Commission Meeting Date: February 26, 2002
Date: February 18, 2002
To: Honorable Mayor and City Commissi~ \s
From: Planning & Economic Development~
RE: Rezoning request for property located at 1888 E. Sherman
Blvd.
SUMMARY OF REQUEST:
Request to rezone property owned by the Muskegon County School Employees Credit
Union, located at 1888 E. Sherman Blvd., from 1-2, General Industrial to B-4, General
Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 2/14 meeting.
The vote was unanimous.
2/18/2002
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2067
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from 1-2 "General Industrial" to B-4 "General Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from I-2 "General Industrial" to B-4 "General Business":
THAT PART OF THE SOUTHEAST¼ OF THE SOUTHWEST¼ OF SECTION 34, TOWN 10 NORTH, RANGE 16
WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTH ¼ CORNER OF SAID SECTION; THENCE SOUTH 89 DEGREES 34 MINUTES 26 SECONDS
WEST ALONG THE SOUTH LINE OF SAID SECTION 641.00 FEET; THENCE NORTH 00 DEGREES 41 MINUTES
EAST 650.00 FEET FOR POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 34 MINUTES 26 SECONDS
WEST 350.00 FEET; THENCE SOUTH 00 DEGREES 41 MINUTES WEST 335 FEET MORE OR LESS TO THE
NORTHERLY LINE OF SHERMAN BOULEVARD; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF
SHERMAN BOULEVARD 351 FEET MORE OR LESS TO A POINT WHICH IS SOUTH 00 DEGREES 41 MINUTES
WEST OF THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 41 MINUTES EAST 302 FEET MORE OR
LESS TO POINT OF BEGINNING.
This ordinance adopted:
Ayes: Schweifler. Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nayes: None
Adoption Date: February 26, 2002
Effective Date: March 12 2002
First Reading: February 26. 2002
Second Reading:._,,N'-'-/..,_,A_ _ _ _ _ _ _ _ __
CITY~ MUSKEOON' /
By: cGl_. . "'~1,,-C~V-"~W
Gail A. Kundinger, City Clerk
CERTIFICATE (Rezoning ofl 888 E. Sherman Blvd. from RI-2 to B-4)
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 26th day of
February, 2002, at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby. .. , / ,
DATED: February 26 , 2002. Jja..,_L ~L3,2✓
Gail Kundinger, CMC/AAE
1
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 26, 2002, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning of the following property
from I-2 "General Industrial" to B-4 "General Business"
THAT PART OF THE SOUTHEAST¼ OF THE SOUTHWEST¼ OF SECTION 34, TOWN 10 NORTH,
RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH ¼ CORNER OF SAID SECTION; THENCE SOUTH 89 DEGREES 34
MINUTES 26 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 641.00 FEET; THENCE
NORTH 00 DEGREES 41 MINUTES EAST 650.00 FEET FOR POINT OF BEGINNING; THENCE SOUTH 89
DEGREES 34 MINUTES 26 SECONDS WEST 350.00 FEET; THENCE SOUTH 00 DEGREES 41 MINUTES
WEST 335 FEET MORE OR LESS TO THE NORTHERLY LINE OF SHERMAN BOULEVARD; THENCE
EASTERLY ALONG SAID NORTHERLY LINE OF SHERMAN BOULEVARD 351 FEET MORE OR LESS TO
A POINT WHICH IS SOUTH 00 DEGREES 41 MINUTES WEST OF THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 41 MINUTES EAST 302 FEET MORE OR LESS TO POINT OF BEGINNING.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published 7lfq!"ch c2 ,2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
N
City of Muskegon
Planning Conmission W~E
Cases #2001-37 and #2002-4 s
-----j
.
1
I i
YW I I I
7i :
--+Ii
jI ;; I
i I
rrlN(lAV
I I
II
I~
/ 1 1
EKEATINGAV
* = Subject Property for rezoning
~
. I I
I L__ 1,1,,
= Notice Area for Land Use Plan Public Hearing
, ,---- r·::::c:;=?~='---7
: ( I
~- . i
1/I I I :
~:
"' r
~
I~\~ -
:tz~~I ~~Ii : "
·....
: J
:,, rsl,,eok
··~.·1,
;=[ ==;===
II
.I ·.f. •·••·•·~
l~,70;~
~ ~
I
~
I
<<>
E SHERMAN BLVD :
·1.1.1 ::. ~~~
Fruitport Township
~r;; n.
2000
- 0 2000 4000 Feet
Frulrpo~T~
/'
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 14, 2002
Hearing; Case 2002-4: Request to rezone property located at 1888 E. Sherman Blvd. from 1-2,
General Industrial to B-4, General Business, by the Muskegon County School Employees
Credit Union.
BACKGROUND
Applicant: Muskegon County School Employees Credit Union
Address/Location of Subject Property: 1888 E. Sherman Blvd.
Current Use: Credit Union
Current Zoning: I-2, General Industrial
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
I. The subject property is located on Sherman Blvd., east of the Target commercial development.
This parcel is also part of the certified Port City Industrial Park and is currently zoned I-2,
General Industrial.
2. Across the street from the subject propeiiy is the eastern edge of a large retail development,
which lies partially within the City of Muskegon, but mostly within Fruitpmi Township. This
development contains Sam's Club, Wal-Mart, ABC Warehouse, as well as many other retail
stores and several restaurants.
3. The two propetiies to the west of the subject propetiy have recently been rezoned from I-2 to B-
4, located at 1818 and 1848 E. Sherman. A third property, further east and across Sundolphin
St., was also recently rezoned from I-2 to B-4 (1974 E. Sherman).
4. The subject property contains the Muskegon County School Employees Credit Union. The
credit w1ion is currently under a PlaW1ed Unit Development in the I-2 district.
5. The Future Land Use Map currently shows the subject property to be "Commercial".
6. The Master Land Use Plan states:
• It is the goal of the Master Plan to retain the industrial orientation of Sub-Area 1.
Accordingly, the rezoning ofland for additional non-industrial use shall be discouraged,
provided however, parcels located along Sherman Boulevard and Laketon Avenue may be
used for non-industrial purposes which are ancillary to the area's industrial focus. Such uses
include, but are not limited to, financial institutions, health/fitness clubs, office supply
stores, computer sales and servicing, employment centers, and oilier uses with the potential
to serve local industrial needs.
City of Muskegon Planning Commission - 2/14/02 I
• At the extreme southwest corner of the sub-area, near the Sherman Boulevard and US-31
intersection, one finds a new regional retail strip center anchored by a Target
department/variety store. Other uses include retail outlets specializing in electronics,
computers, and pet supplies and a family style restaurant... Along Sherman, east of the
retail center, lie a combination of industrial and service facilities. Service uses include a
financial institution and tennis/fitness club.
7. Sub-Area Issues:
• There is likely to be continued demand to convert industrial properties along Sherman
Boulevard to non-industrial (retail or service sector) use.
• As the level of retail traffic grows, conflicts with industrial park traffic are likely to increase.
8. The Master Plan recommends for this sub-area:
• Maintain the sub-area's industrial focus.
• Along Sherman Boulevard and Laketon Avenue maintain the cmrent industrial zoning status
to restrict conversion of industrial property to uses considered inconsistent with the area's
land use focus.
9. Although the subject property is located in a Certified Business Park, the legislation regarding
these parks has recently changed. Formerly called "Certified Industrial Parks", it used to not be
possible to change from industrial zoning for any parcels in an existing ce1iified park without
losing the industrial park certification. However this has changed, and it is now possible to
rezone parcels within a ce1iified park to commercial zoning without losing the park's
ce1iification.
I 0. By changing the zoning of any parcels located within the Ce1iified Business Park, it would no
longer be possible for the existing LDFA to capture any tax increments for those pmiicular
prope1iies. However, the LDF A in the Port City Industrial Park is not currently capturing any
tax increments, and it is not likely that it will in the near future.
11. The credit union had explored the option of rezoning their prope1iy in the past. However at that
time, it was not possible for properties within the industrial park to be zoned anything other than
industrial. Now that it is possible to change to a commercial zoning, the credit union would like
their property to becoming conforming for their use.
12. Several of the existing commercial and retail uses within the park are currently zoned I-2. The
Target development is also under Pla1111ed Unit Development (PUD). It is not anticipated that
property will reve1i back to industrial use at any time in the near future, and therefore staff will
be exploring the possibility of rezoning that property to commercial as well.
13. See Case #2001-37 for correspondence received regarding this case.
ORDINANCE EXCERPTS
ARTICLE XV - 1-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
City of Muskegon Planning Commission - 2/14/02 2
The 1-2 General Industrial Districts are established primarily for manufacturing, assembling, and fabrication activities
including large scale or specialized industrial operations whose external physical effects may be felt to some degree by
surrounding districts. The 1-2 District is so structured as to permit, in addition to 1-1 Light Industrial District uses, the
masmfacturing, processing and compounding of semifinished or finished products from raw materials,
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (I) or more of the following specified uses,
unless otherwise provided in this Atticle.
I. Any Principal Use Permitted in the I-I District, subject to the requirements of this District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys, rolling and extruding
plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous materials as defined
in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
9. Non-accessory signs provided that the signs conform to Section 2308(1) of this Code.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a special land use if it is
found to meet the standards outlined in Section 2332 of this Ordinance, subject to applicable conditions imposed by
Ordinance or other reasonable conditions imposed by the Planning Commission:
I. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a manufacturing process
such as brick, tile manufacturing plants, asphalt and cement batch plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly explosive or toxic gases.
The storage of such gases for use in a production process or of an industry, business, or health care facility
shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous materials as defined in
the Fire Code.
5. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS [amended 10/98]
SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 2/14/02 3
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including automotive
tervices and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business Districts. Placement
along presently developed major traffic arteries prevents the conflict of traffic and pedestrian movement since the
General Business District is characterized by a minimum of pedestrian flow. The B-4 General Business Districts have
been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (1) or more of the following specified uses, unless otherwise providing in this
Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following: ...
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building or is
enclosed as not to be visible to the public from any abutting residential district or public street.
I 0. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, but provided that the minimum lot area requirements of the
RM-3 District are met.
15. Assembly of small paits provided that there shall be no machining, painting, cutting, grinding, or welding of
parts.
16. Principal Use as permitted in B-2 Districts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
18. Uses similar to the above Principal Uses Permitted.
City of Muskegon Planning Commission - 2/14/02 4
SECTION 130 I: SPECIAL LAND USES PERMITTED
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, ifrequired) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission. A site plan shall not be required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational vehicles,
subject to the following ...
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the following: ..
4. Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
activities subject to the following: ..
5. Outdoor theaters subject to the following conditions: ...
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following conditions: ...
8. Commercial Kennels [amended 5/96]
9. Mini Storage (warehouse facilities) [amended 10/98] ...
10. Accessory uses and accessory buildings customarily incidental to the above Special Land Uses Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS [amended 10/98]
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 2/14/02 5
PHOTOS
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. 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.
City of Muskegon Planning Commission - 2/14/02 6
Date: February 19, 2002
To: H~norable .M,~r a~d City Commissioners
From: Ric Scott /Wz117"
RE: Summer Celebration Request
SUMMARY OF REQUEST:
The Summer Ce1ebration Committee has requested the use
of various City faci1ities and services at no cost for
the 2002 event. However, they are wi11ing to provide a
partia1 reimbursement depending on the financia1 success
of the festivai.
FINANCIAL IMPACT:
Approximate1y $45,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approvai.
Affirmntlve Action
231 /724-6703
l?AX/722-1214
Assessor
231 /724-6708
FAX/726-5181
Cc1nctcry
231 /724-6783
I?AX/726-5617
Civil Service
231/724-6716
I?AX/724-4405 West Michigan's Shol'eUne City
Clerk
231 /724-6705
I?AX/724-4178
February 19 , 2 002
Comm. & Neigh.
Services
231 /724-6717
I?AX/726-2501 To: Honorable ~Y~ -~ ~ity Commissioners
Engineeri ng
231 /724-6707 From: Ric Scott fl(lcrVY
l?AX/727-6904
Re: Summer Celebration Request
Flnoncc
23 l /724-67 13
l?AX/724-6768
l?lrc Dc11t.
The Muskegon Summer Celebration Committee has requested
231/724-6792 the use of various City facilities and services at no
l?AX/724-6985
cost for the 2002 event .
Income Tax
231 /724-6770 The festival events will be about the same as in 2001 .
FAX/724-6768 The 11-day event will kick off on Thursday , June 27 th and
I n fo. Systems will run through Sunday , July 7 . The concerts at
23 I /724-6744
FAX/722-4301
Heritage Landing , the carnival at Heritage Landing, and
Art-in- the- Park at Hackley Park will continue to be
Leisure Service
231 /724-6704
major attractions.
FAX/724-1 196
The Committee is requesting that all City staff time
Mnnngcr's OfOce associated with inspections , security, set-up , clean up,
23 I /724-6724
FAX/722-1214 signage , traffic control , and other activity be donated
Mayor's OfOcc
to the festival. However , the festival is willing to
231/724-6701 reimburse the city for part of it' s expense depending on
FAX/722-1214
the financial success of the festival . Last year the
Inspection Services festival reimbursed the city $15 ,0 00
231/724-67 15
FAX/726-2501 At their meeting on January 28, 2 0 01 , the Leisure
Plnnnlng/Zonlng Services Board r ecommended approval of the request Staff
23 I /724-6702
F AX/724-6790
recommends that you concur with their recommendation .
Police Dept.
Thank you for your consideration.
231/724-6750
FAX/722-5 140
Public Wor ks
231/724-4100
FAX/722-4 188
Treasurer
231/724-6720
FAX/724-6768
Water Dilling Dept.
23 1/724-67 18
l?AX/724-{;768
Water Flltrntlon
23 I /724-4106
I?AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
January 7, 2002
Ric Scott, Director of Leisure Services
City of Muskegon
PO Box536
Muskegon, MI 49443-0536
Dear Mr. Scott:
The Muskegon Summer Celebration Committees are preparing for the 2002 festival to be
held Thursday, June 27 through Sunday, July 7. We are humbly requesting the following
from City of Muskegon for the 2002 festival:
( • Fireworks permits for July 4 and July 7.
• Permission for exclusive use of Hackley Park from June 27 through July 7.
• Permission to use picnic tables, garbage cans, fencing, park benches and other city
equipment as necessary at no charge.
• Permission for the exclusive use of Clay Avenue between Third and Sixth Streets,
Western Avenue from Fourth to Seventh Streets, and Fourth, Fifth and Sixth Streets
between Webster and Western and the city parking lot along Western Avenue across
from the LC Walker Arena for Art in the ParkNillage Craft Market on July 5, 6, & 7.
• Grant exclusive peddling and selling rights of any m.ticle from a stand, stall, vehicle,
pack or basket, or in any other manner, on any of the following streets in the City in
downtown Muskegon during the festival: Webster, Muskegon, Pine, First, Second,
Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Clay, Western, Shoreline Drive
Morris, Te1rnce, Thayer, Jefferson, and Division.
• That the City notify the Summer Celebration of any request for use of City facilities
during the time of the Summer Celebration before granting permission for its use.
• Permission for the exclusive use of Shoreline Drive from Terrace to Fourth and
Fourth from Shoreline Drive to Webster on Saturday, June 29 from 9:30 a.m. to 1 :30
p.m. for the parade route. In addition Clay from Third to Fourth on Saturday, June 29
from 9:00 a.m. to 2:30 p.m. for bus parking and vehicle parking for parade disbanding.
587 West Western Avenue • Muskegon, Michigan 49440,\
Phone ( 2 31 ) 7 2 2-6 5 2 O • Fax ( 2 3 1 ) 7 2 2-61 1 2 ,\-efcv--\ \
www.summercelebration.com e{ ' i D\
• Permission for the exclusive use of Western Avenue from Fourth to Seventh Streets
on Saturday, June 29 from 8:00 a.m. until 5:00 p.m. for the Street Fair.
• Permission to use Western Avenue between Seventh and Eighth and the adjacent
grassy area June 27 - July 7 for other POSSIBLE festival activities.
• We would ask that the past policy of the City providing police, fire, DPW, and Leisure
Servcies staff at no cost to the festival be continued. The Summer Celebration is
prepared, barring a financial disaster, to provide a partial reimbursement to the City for
those costs.
On behalf of the Summer Celebration Committee, I want to thank you and the City for
your continued support of the festival. Without that help it would not enjoy the success it
does. We look forward to working with you again in 2002.
Sincerely,
Joe Austin, Executive Director
Cc: Tim Achterhoff, Chairperson, Board ofTrnstees
-·
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Randolph sanitary Sewer (S-569)
SUMMARY OF REQUEST:
The contract, S-569, to construct 8" sanitary sewer along Randolph from Westwood to the
west end be awarded to Link Contractors out of Twin lake since they were the lowest (see
attached bid tabulation) responsible bidder with a bid price of $10,566.00.
FINANCIAL IMPACT:
The construction cost of $10,566.00 plus associated engineering cost which is estimated at an
additional 15% of the construction cost.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Award the contract to link Contractors.
COMMITTEE RECOMMENDATION:
_,
Engineer's Estimate for S-569 RANDOLPH, WESTWOOD TO END (SEWER EXTENSION)
CITY OF MUSKEGON
LINE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE
6" SEWER BID ITEMS
1 TRAFFIC CONTROL 1 LS $500.00 $ 500.00
2 SANITARY SEWER, 6", PVC SDR 35 300 FEET $20.00 $ 6,000.00
3 TRENCH REPAIR, SPECIAL 300 FEET $20.00 $ 6,000.00
4 MANHOLE, STANDARD, 0' TO 10' DEEP, 2' INSIDE DIA 1 EACH $1,000.00 $ 1,000.00
5 MANHOLE, STANDARD, 0' TO 10' DEEP, 4' INSIDE DIA 1 EACH $2,000.00 $ 2,000.00
6 MANHOLE CASTING, EAST JORDAN #1000 OR EQUAL 2 EACH $500.00 $ 1,000.00
7 TOTAL $ 16,500,00
AL TERNATE BID FOR 8" SEWER
.
1 TRAFFIC CONTROL 1 LS $ 500.00 $ 500.00
2 SANITARY SEWER, 8", PVC, SDR 35 270 FEET $ 22.00 $ 5,940.00
3 SANITARY WYE, 8"x 6", PVC, SDR 35 1 EACH $ 300.00 $ 300.00
4 SANITARY SEWER, 6", PVC, SDR 35 30 FEET $ 20.00 $ 600.00
5 TRENCH REPAIR, SPECIAL 300 FEET $ 20.00 $ 6,000.00
6 MANHOLE, STANDARD, 0' TO 10' DEEP, 2' INSIDE DIA 1 EACH 1000 $ 1,000.00
7 MANHOLE, STANDARD, 0' TO 10' DEEP, 4' INSIDE DIA 1 EACH $ 2,000.00 $ 2,000.00
8 MANHOLE CASTING, EAST JORDAN #1000 OR EQUAL 2 EACH $ 500.00 $ 1,000.00
9 TOTAL $ 17,340.00
S-569 RANDOLPH, WESTWOOD TO END (SEWER EXTENSION)
CITY OF MUSKEGON
BID TABULATION
LAKESIDE CONSTRUCTION PIPELINE
.. CONTRACTORS JACKSON-MERKEY LINK CONTRACTORS OPPER EXCAVATING
LINE TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNlT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE
6" SEWER BID ITEMS
1 TRAFFIC CONTROL 1 LS $500.00 $500.00 $500.00 $500.00 $1,500.00 $1,500.00 $975.00 $975.00 S645.00 $645.00 $500.00 $500.00
2 SANITARY SEWER, 6", PVC SOR 35 300 FEET $22.00 $6,600.00 $27.75 $8,325.00 $20.00 $6,000.00 $22.50 $6,750.00 $14.20 $4,260.00 $32.00 $9,600.00
3 TRENCH REPAIR, SPECIAL 300 FEET $15.00 $4,500.00 $21.50 $6,450.00 $7.00 $2,100.00 $12.00 $3,600.00 $11.08 $3,324.00 $36.00 $10,800.00
4 MANHOLE, STANDARD, O'TO 10' DEEP, 2' INSI 1 EACH $900.00 $900.00 $750.00 $750.00 $1,000.00 $1,000.00 $1,290.00 $1.290.00 $625.00 $625.00 $752.00 $752.00
5 MANHOLE, STANDARD, O'TO 10' DEEP, 4' INSI 1 EACH $1,100.00 S1.100.00 $1,050.00 $1,050.00 $1,500.00 $1,500.00 $1,535.00 $1,535.00 S820.00 $820.00 $1,768.00 $1,768.00
6 MANHOLE CASTING, EAST JORDAN #1000 OR 2 EACH $300.00 $600.00 $275.00 $550.00 $400.00 $800.00 $450.00 $900.00 $270.00 $540.00 $300.00 $600.00
TOTAL $14,200.00 $17,625.00 $12,900.00 $15,050.00 $10,214.00 $24,020.00
ALTERNATE BID FOR 8" SEWER
1 TRAFFIC CONTROL 1 LS $500.00 $500.00 $500.00 $500.00 $1,500.00 $1,500.00 $975.00 $975.00 $645.00 $645.00 $500.00 $500.00
2 SANJTARY SEWER. 8", PVC, SOR 35 270 FEET $24.00 $6,480.00 $29.75 S8.032.50 $25.00 $6,750.00 $24.00 $6,480.00 $15.40 $4,158.00 $32.50 $8,775.00
3 SANJTARY WYE, S"x 6", PVC, SOR 35 1 EACH $50.00 $50.00 $55.00 $55.00 $75.00 $75.00 $60,00 $60.00 $28.00 $28.00 $21.60 $21.60
4 SANITARY SEWER, 6", PVC. SOR 35 30 FEET $22.00 $660.00 $27.75 $832.50 $20.00 $800.00 $20.00 $600.00 $14.20 $426.00 $32.00 $960.00
5 TRENCH REPAIR. SPECIAL 300 FEET $15.00 $4,500.00 $21.50 $6.450.00 $7.00 $2,100.00 $12.00 $3,600.00 $11.08 $3,324.00 $36.00 $10,800.00
6 MANHOLE, STANDARD, O' TO 10' DEEP, 2' INSI 1 EACH $900.00 $900.00 $750.00 $750.00 $1,000.00 $1,000.00 $1,335.00 $1,335.00 $625.00 $625.00 $752.00 $752.00
7 MANHOLE, STANDARD, O'TO 10' DEEP,4' INSI 1 EACH $1,100.00 $1,100.00 $1,050.00 $1,050.00 $1,500.00 $1,500.00 $1,590.00 $1,590.00 $820.00 $820.00 $1,768.00 $1,768.00
8 MANHOLE CASTING, EAST JORDAN #1000 OR 2 EACH $300.00 $600.00 $275.00 $550.00 $400.00 $800.00 S450.00 $900.00 $270.00 $540.00 $300.00 $600.00
TOTAL $14,790.00 $18,220.00 $14,325.00 $15,540.00 $10,566.00 $24,176.60
Rondolph e,o Toou:otlon.,ls112'191023:43 PM
Joan C. Fredricks
Gar M. Fredricks
1740 Fhmdolph b't.
Muskegon, Ml 49441
Horne Phone 231 J5fi.1453
February 25, 2002
City of Muskegon,
Department of Public Works
933 Terrace street
Muskegon, Ml 49440
To Whom It May Concern,
I am writing this letter in response to the recent proposal to connect our residence to the
city sewer system.
We have lived in this house at 1740 Randolph street for twelve yearn now. When we
bought the home, the septic system was thoroughly checked and cleaned out by the
previous owner. The septic system was found to bei in good shape at that time. My
husband and I live here, just the two of us. We often spend the we,~kends at a small
cottage up north. We go out of town sometimes for three months at a time. My
husband is rntired. We do not have largEi W..lter bills. Tiiey are the highest in the
summer, when we run the undEirground sprinkling. We are not wasteful people. We
seldom use the garbage disposal. We do not perform any automotive work on our
v,~hicles and we are very selective about what is flushed down the toilet and drains.
Becaus,~ of this, we hav,~ nevEff had a backup or clog in our drain(s).
Our house was built by an engineer, v~~ry particular about the construction. The
driveway, concrete, basement floors, etc. are much thicker than normal. The house was
very well built. This is only the second house we have owned in Glenside in the last forty
yearn. We do not plan to move. Our house, with a walk--out basement facing Huddirnan
Creek, provides for quite a serene setting. We have two and 1fl baths, one being
located just inside the back lower (mudroom) entrance. It is a full bath complet,~ with a
shower stall. The floor level ofthis bathroom is approximately eleven or twelve feet
below Ute street level.out front (Randolph). I have talked to a few people about the
necessary equipmm1t needed to pump the waste up to the~ street level, to tie into the city
sewer and I don't think it sounded inexpensive to install or maintain, Bhould th,~m be a
problem.
In closing I would like to say that I don't feel we should have to bear the complete and
unnecessary expense i)nd the future up--keep for installing and maintaining equipment,
pumps, piping, etcetera, just to have us "tif~d-in" to the City's sewer system. I don't want
to go "out of town" and worry about a lea~{ in the "pump" that sends the wasi:e uphill to
the street level and come home to find an inch of sewagf} on my basement ·noor because~
the piping somehow froze up and split •- . I think that we should be allowed to continue
the use of our septic system "as is", and when (and tr) thure is ever a problem that calls
'for replacement of the tank, we would then have the option of connecting to the system.
Our septic system works perfectly, without exception. Based on t"lll the facts presentc~d
in this letter, I would like to mention the old adi1ge - "\/\flly tix it.. ......... , if it isn't broken?".
I also believe there are other things that need attention and could help to improve the
situation ~lt Ruddirmm Cn~ek, like the n-1ccoon population. I _just lmow that the ff~W of us
that still have a septic system are not the cause of any pollution.
Sincerely,
.loan G. Fredricks
Breakdown for total costs incurred during the replacement
of our Septic system on 17 April, 2000
1. Installation of five (5) concrete units, with a baffle off of the secondary dry well.
Cost = $2,090
2. Landscaping, resulting from the subsequent destruction of the front yard.
Cost= $1,102.29
¢ Designfee $150
¢ 8 juniper $55.60
¢ 3 blue Holly $38.85
¢ 5 Evergreen Azalea $39.75
¢ 1 Frazier Fur $150
¢ 4 Yew $32
¢ 5 Euonemous $40
¢ 3 Rhododendrons $45
¢ 3 2 gallon Azalea $40.99
¢ Seed $15.88
¢ 15 lb. perennial $23.96
¢ 50 lb. Pea gravel $7.08
¢ Tan Oxford stone $35.88
¢ Tan Holland pavers $13.65
¢ Brown Holland pavers $13.65
¢ Hand split Cedar fencing $50
¢ Hardwood chips $ 100
¢ Underground sprinkling system $250
Total costs incurred = $3192.29
Costs (quoted and potential) to us if new sewer line is installed:
1. City hookup fee = $600
2. Run and connect existing line(s) from our house to the new main= $1485
Note: this is the amount quoted to us by Link Contractors on 26 February, 2002
3. Possibility ofa grinder pump installation= $1000
Total quoted and potential costs= $3085
Commission Meeting Date: February 26, 2002
Date: February 21, 2002
To: Honorable Mayor and City Commis~ \rs
From: Planning & Economic Developmeri~
RE: Zoning Ordinance Amendments for Parking Standards
SUMMARY OF REQUEST:
Request to amend the parking standards of the Zoning Ordinance in order to update and
modernize the requirements, as described in the proposed ordinance (attached).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their meeting on
2/14/02. The vote was unanimous.
2/21/2002
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2068
An ordinance to amend the Zoning Ordinance of the City to repeal and reserve Section 2327
(Restricted Parking Areas) and Section 2328 (Off-Street Parking Space Layout, Standards,
Construction, and Maintenance) of Article XXIII (General Provisions) of the Zoning
Ordinance; delete #l(e) of Section 401 (Special Land Uses Permitted) of Article N (R One
Family Residential Districts); delete #9 of Sections 401, and 701, #12 of Section 601, #6 of
Section 801 and #5 of Section 901 (Special Land Uses Permitted) of Articles N (R One Family
Residential Districts), VI (RT Two-Family Residential Districts), VII (RM-1 Low Density
Multiple-Family Residential Districts), VIII (RM-2 Medium Density Multiple-Family
Residential Districts) and IX (RM-3 High Density Multiple-Family Residential Districts); repeal
and reserve Section 511 (Off-Street Parking) of Article V <MRP Mobile Home Park Districts);
delete #4(b) of Section 1301 (Special Land Uses Permitted) of Article XIll {B-4 General Business
Districts); and to amend Section 2326 (Off-Street Parking and Loading) of Article XXIII
(General Provisions).
THE CITY COlV!MISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XXIII of the Zoning Ordinance of the City of Muskegon is hereby amended to repeal and
reserve Sections 2327 (Restricted Parking Areas) and Section 2328 (Off-Street Parking Space Layout,
Standards, Constructions, and Maintenance).
Article IV of the Zoning Ordinance of the City of Muskegon is hereby amended to delete #l(e) from
Section 401 (Special Land Uses Permitted).
Articles IV and VII of the Zoning Ordinance of the City of Muskegon are hereby amended to delete
#9 from Sections 401 and 701 (Special Land Uses Permitted).
Article VI of the Zoning Ordinance of the City of Muskegon is hereby amended to delete #12 from
Section 601 (Special Land Uses Permitted).
Article VIII of the Zoning Ordinance of the City of Muskegon is hereby amended to delete #6 from
Section 801 (Special Land Uses Permitted).
Article IX of the Zoning Ordinance of the City of Muskegon is hereby amended to delete #5 from
Section 901 (Special Land Uses Permitted).
Article V of the Zoning Ordinance of the City of Muskegon is hereby amended to repeal and reserve
Sections 511 (Off-Street Parking).
Article XIII of the Zoning Ordinance of the City of Muskegon is hereby amended to delete #4(b) from
Section 1301 (Special Land Uses Permitted).
Article XXIII of the Zoning Ordinance of the City of Muskegon is hereby amended to replace the
existing language with the following language in Section 2326 (Off-Street Parking and Loading):
Section 2326 OFF-STREET PARKJNG AND LOADING
1. Intent: It is the intent of this section that off-street parking spaces shall be provided and
adequately maintained by each property owner in every district for the parking· of motor
vehicles for the use of occupants, employees and patrons of each building and premise
constructed, altered, or enlarged under the provisions of this Ordinance.
2. Scope: At the time any building or structure is erected, enlarged or increased in capacity, or a
new land use is established, off-street parking spaces for new or additional development shall
be provided according to the requirements of this section and table 1-b.
3. Parking and Loading Plan Review: Whenever three (3) or more vehicle parking spaces are
required for a given use of land, plans, specifications for the construction or alteration of an
off-street parking area shall be submitted for approval by the Zoning Administrator before a
development permit is issued. Such plans and specifications shall indicate the location,
precise use of buildings, size, design, surfacing, marking, lighting, drainage, curbing and curb
cuts, entrances, exits, landscaping, and other detailed features as required by the provisions
and standards of this zoning ordinance and other applicable laws and rules.
4. Location of Parking Areas: In all districts, except Business Districts (B-1 through B-5), off-
street parking and loading areas shall be located on the same lot or on an adjacent lot in the
same zoning district as the building, structure, or the parking area is intended to serve. In the
case of Business Districts, parking may be provided within three hundred (300) feet so long as
the parking is not located in a residential zone.
5. Parking Areas Existing Before the Effective Date of this Ordinance: No parking area or
parking space or loading area which exists at the time this Ordinance becomes effective shall
be relinquished or reduced in any manner below the requirements established by this
Ordinance.
6. Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively for the
parking of vehicles associated with a building, structure or land use in a manner consistent
with the purpose for which it is designed. No commercial activity or selling of any kind shall
be conducted within required parking areas. Permitted temporary uses may operate in
overflow parking areas or setback areas provided no clear vision or other safety hazard is
present. Vehicles shall not be repaired, stored, or displayed for sale or hire in parking lots
unless the principal use is classified for such uses.
7. Design and access standards: Multi-family, commercial and industrial land use areas shall
meet the screening, landscaping, and lighting standards of this ordinance.
8. Maintenance Standards: Parking and loading areas in all districts shall be paved, marked and
defined by curbing or curb stops.
9. Maximwn parking: The maximum amount of parking permitted for any use or group of uses
shall not exceed the minimwn parking requirements by more than one-third (33%)
10. Loading space required: In order to prevent undue interference with public use of streets,
parking lots and alleys, uses such as manufacturing, storage, warehouse, department store,
wholesale store, retail store, hotel, hospital, laundry, dairy, mortuary, and other uses similarly
and customarily receiving or distributing goods by motor vehicle shall provide space on the
premises for that nwnber of vehicles that will be at the premises at the same time on an
average day of full use. Loading spaces shall:
a. Be provided as area additional to off-street parking space and shall not be
considered as supplying off-street parking space.
b. Not interfere with fire access.
c. Provide adequate space for standing, loading, and unloading services and be not
less than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen
(14) feet in height, open or enclosed, for similar uses similarly involving the
receipt or distribution by vehicles of materials or merchandise.
d. Have access provided as directly as possible from a public street or alley and be
arranged so as to provide sufficient off-street maneuvering space.
11. Joint Use of Parking Areas: The joint use of parking facilities by two or more uses may be
allowed whenever such use is practical and satisfactory to each of the uses intended to be
served, and when all requirements for location, design, and construction are met.
a. Computing Capacities: In computing capacities of any joint use, the total space
requirement is the swn of the individual requirements that will occur at the same
time each day. If space requirements for individual uses occur at distinctly
different times, the total of such off-street parking facilities required for joint or
collective use may be reduced by the Plarming Commission below the same total
of the individual space requirements.
b. Record of Agreement: A copy of an agreement between joint users shall be
provided to the City. The agreement shall include provisions which assure
continued long-term use and maintenance of the parking facility by each party,
and their successors in interest, including owners and occupants of the premises
which are served by the parking facility.
12. Dimensional requirements: Each parking space shall be a minimwn of eight (8) feet wide by
eighteen (18) feet long. Maneuvering isles shall be a minimwn of twelve (12) feet wide for
one-way traffic and twenty-two (22) feet for two-way traffic. Excessively wide isles shall not
be permitted.
One (I) space for each sleeping room, plus two (2)
spaces for permanent residents.
Boarding houses, fraternities, sororities One(!) space for each bedroom or each two (2)
occupants of the structure, whichever is greater.
Community residential care facilities < 6 persons Four (4) spaces.
Convalescent homes, convents or similar uses One(!) space for each four (4) beds, plus one(!)
space for every three (3) employees.
Mobile home parks Two (2) spaces for each mobile home site, plus one
(I) space for each mobile home park employee.
Multiple family dwellings Two (2) spaces for each dwelling unit.
Single and two family dwellings Two (2) spaces for each dwelling unit.
Educational and social institutions:
• Auditoriums and gyrns (incidental to) schools, One (I) space for each six (6) seats, plus one (I)
churches, and institutional buildings of sinlilar use space for every two (2) employees.
with fixed seats
• Auditoriums (other than incidental to schools and One (I) space for every six (6) persons oflegal
churches), lodge halls, fraternal organizations, private capacity as established by fire, building or health
clubs, public meeting halls, community centers, or codes.
buildings of similar use without fixed seats
• Charitable or philanthropic organizations One (1) space for each four hundred (400) sq. ft. of
usable floor area.
• Elementary and junior high schools Two (2) per classroom, plus separate parking
where the school contains an auditorium and/or
stadium or gym.
• High schools and colleges One (I) space for every employee, plus one (I)
space for each five (5) students.
• Hospitals, sanitariums One (I) space for each three (3) patient beds, plus
one (I) space for each three (3) employees.
• Orphanages One (I) per employee and one (1) per six (6) beds.
Libraries, museums, post offices One (I) space for every eight hundred (800) sq. ft. of
usable floor area, plus one (1) space for every four
(4) employees.
Nursery school, home day care or child care centers One (I) space for each four hundred (400) sq. ft. of
usable floor area.
Private golf clubs, swimming pool clubs, tennis clubs, One (1) space for every two (2) member families or
lodges or other similar uses individuals, plus spaces required for each accessory
use, such as a restaurant or bar.
Municipal buildings One (!) space for each four hundred (400) sq. ft. of
usable floor area.
Religious institutions: Churches or temples One (I) space for each six (6) seats or twelve (12)
feet of pews in the main unit of worship.
Utility and public service installations One (I) space per four hundred (400) sq. ft. of gross
floor area.
lllftlii.~J•/ · ; ~-:!l::lil=~
1!:.
Automatic Teller Machine (ATM) (free standing, not Two (2) spaces per machine.
applicable when associated with another use)
Automobile service and repair garages, gasoline filling Three (3) spaces for each repair and service stall,
and service stations (see convenience retail plus one (I) space for every employee.
establishments)
Barber shops and beauty parlors Two (2) spaces for each of the first two (2) beauty
or barber chairs, and one-half (1/2) space for each
additional chair.
Business service establishments: One (I) space for every four hundred (400) sq.
• Advertising and mailing ft. of useable floor area.
• Banks and credit unions (excluding drive-thrus)
• Employment services
• Investment companies
• Real estate companies
Business, vocational or trade schools One(!) space per three-hundred (300) sq. ft. of
gross floor area.
Catering service rental hall One (I) space per every three persons permitted
in the structure by fire code.
Clinics and professional offices of doctors, dentists, or One (I) space for each fifty (50) sq. ft. of usable
similar professions floor area in waiting rooms, and one (I) space for
each examining room, dental chair, or similar use
area.
Clothing, furniture, appliance, hardware, shoe repair, One (I) space for every four hundred (400) sq. ft.
personal services (other than beauty and barber shops), of usable floor area.
and other retail
Mini-storage One (I) space for every two (2) storage units
(adjacent to the units) plus one for each employee
Convenience retail establishments Three (3) spaces per each one thousand (1,000) sq.
ft. of gross floor area.
Drive-through banks, cleaners, drug stores, and similar Space for five (5) cars between the sidewalk area
businesses and the pickup window, and one (I) space for
every four hundred (400) sq. ft. of usable floor area
if there is no customer space inside.
Food Service Establishments:
• Drive-through restaurants or fast-food establishments One (I) space per fifty (50) sq. ft. of eating area,
plus one (I) space for each employee on the largest
working shift.
• Carry-out food or walk-up establishment including One (1) space for each employee, plus ten ( 10)
bakeries, ice cream shops and delicatessens if carry- spaces.
out only, or if all seating is exterior only.
• Restaurant or establishment for sale and consumption One (1) space for each two (2) persons allowed
of beverages, food or refreshments on the premises within the maximum occupancy load as established
including drive-in, but not including drive-through, by the fire marshal.
restaurants
Funeral homes and mortuaries One (]) space for every twenty-five (25) sq. ft. of
usable floor area of chapels and assembly rooms.
Antique shop, household equipment, showroom of a One (1) space for each eight hundred (800) sq. ft.
plumber, decorator, electrician or similar trade, and other of usable floor area, plus one (1) additional space
similar uses (including resale shops but not flea markets) shall be provided for each two (2) persons
employed therein.
Garden or nursery center, greenhouse (if it has retail One (1) space for each four hundred (400) sq. ft. of
sales) usable floor area, plus one (1) space for each two
thousand (2,000) sq. ft. of exterior sales area.
General offices One (1) space for every four hundred (400) sq. ft.
of usable floor area.
General retail stores, except otherwise specified herein One (1) space for every three hundred (300) sq. ft.
of usable floor area.
Health or fitness club One (1) space for each four hundred (400) sq. ft. of
usable floor area.
Hotels, motels One (1) space for each guest room, plus one (1)
additional space for every five (5) employees.
Laundromats and coin operated dry cleaners One (1) space for each five (5) washing and/or dry-
cleaning machines.
Music, dance, martial arts and voice schools One (1) space per three (3) students at any one
time.
Open air business One (1) space per three thousand (3,000) sq. ft. of
exterior sales area, except for open air flea markets
which require one (1) space for each three hundred
(300) sq. ft. of exterior sales area.
Office supply, factory and mill supplies, and related One (1) space for each four hundred (400) sq. ft. of
activities gross floor area.
Personal service establishment (other than beauty or One (1) space per four hundred (400) sq. ft. of retail
barber shop) sales area, and one (1) space for each four hundred
(400) sq. ft. of service area.
Planned commercial or shopping center One (1) space for each four hundred (400) sq. ft. of
usable floor area.
Repair services One (1) space for each four hundred (400) sq. ft. of
usable floor area, plus one (1) space for each
employee.
Supermarket, self-service food store One (1) space for every two hundred (200) sq. ft. of
usable floor area.
Taverns, bars One(!) space for every seventy-five (75) sq. ft. of
usable floor area, or one (1) space for every three
(3) seats, whichever is greater.
Vehicle wash (automatic) One (1) space for each one (1) employee. In
addition, reserved parkmg spaces equal in number
to two (2) times the maximum capacity of the
vehicle wash. Maximum capacity of the vehicle
wash shall mean the greatest number of vehicles
possibly undergoing some phase of washing at the
same time, which shall be determined by dividing
the length in feet of each wash line by twenty (20).
Vehicle wash (self-service or coin operated) Two (2) stackmg spaces for each washing stall, in
addition to, the stall itself.
ml~!"'1si)""~~'L""!~"':~"'~~"'1"'1r;t~{""it""~""n~"'
j"' i"'l"'_;i!tf""~,,."'J>;"".ijt"";_;;"'~"'"·r,t"'!~"':··~"";:~-"':YJ"':J"""n.:~:"'·(n"'';J"")t:~""~i"''tr""f"'gp"'~"'~i"'Ji""_:~"'~~"',f:t,,;,J"':,~~"'.;~"'.·: ..:1iflJNi:-\W;~~l!.-litl·:· . "' ·. -·~~ '!~(~
Video or pinball arcade or similar uses One (1) space per game, provided that where such
games are an accessory use, one ( 1) space is
required for each game above four (4) games.
Bingo parlor One (1) space for each three (3) seats or one (I) per
two hundred (200) sq. ft. of usable floor area,
whichever is greater.
Bowling alleys Five (5) spaces for each alley, plus one(!) space
for each employee, plus spaces for each accessory
use, such as a bar or restaurant.
Dance halls, pool and billiard rooms, exhibition halls, One (I) space for each two (2) persons allowed
roller and ice skating rinks within the maximum occupancy load as established
by fire, building or health codes, plus one (1) space
for every three (3) seats of spectator seating (one
seat equals two feet of bench length).
Indoor racquet courts Three (3) spaces per court, plus one (1) space per
employee on the largest shift, plus spaces for any
other principal or accessory uses, plus one ( 1) space
for every three (3) seats of spectator seating (one
seat equals two feet of bench length).
Theaters and commercial auditoriums One (!) space for each three (3) seats, plus one (1)
for each two (2) employees.
!l,l)'/,\'i,:.,~m!!'."1:<11/!-1!'1l'illt~<jllit1ilfliriftalif¥erifitifiifl:lill:,>,y~i,i;~1117~,li:il~~!)Jl)!W .lii,11\)iii'""""~d/'>"J,~"
?c~~-:1;{<,Jct-~1/'Sf,H,.f!#i'i;~,;'&',, -·~t.- '-;-"~-,,~-~.J,t:,.. "'""'"''' ,. ._ <>~-!':M7i,,,,r:.,;:;,,;u"!I\,~';;'• _. _.itl$f..;~F-"tf!I"
J. ill&~ . - ~ :..,, ,; , .·"',t""B,l"''
.. - ,SS.m:; """''"""'"""a~
" ';"'.~"'-
!iit~~~f?,i..\11¥~
Boat, canoe, jet ski and bicycle rental Five (5) spaces per employee where it is the
principal use; where it is an accessory use,
parking may be waived partially or wholly in the
discretion of the Zoning Administrator.
Commercial Campgrounds Two (2) dust free I 0'x30' spaces for every
campsite.
Golf courses open to the public, except Miniature or "Par Four (4) spaces for each hole, plus one (I) space for
3" courses each employee, plus required spaces for each
accessory use, such as a restaurant or bar.
Golf driving range One (1) space for each tee, plus one (1) space for
each employee on the largest work shift.
Commercial Marinas One and one-half (1-1/2) spaces per boat mooring
slip.
Miniature or "Par 3" golf courses Tirree (3) spaces for each hole, plus one (1) space
for each employee, plus required spaces for each
accessory use, such as a restaurant or bar.
Racquet sports Tirree (3) spaces, plus three (3) spaces per court or
one (1) per three (3) spectator seats, whichever is
greater.
Stadiums and sport arenas One(!) space for every four (4) seats or six (6)
feet of benches.
Theme park, scenic area, amusement ride, water slide, go Two (2) spaces per three (3) seats on amusement
cart track and similar uses rides or twenty (20) spaces per ride or attraction
with no specific or defined seating.
. ·- .. .
One (1) space per each service bay and employee.
Contract construction uses One (1) space per employee, plus one (1) space per
company vehicle.
Dangerous chemical manufacturing, storage and/or One (1) space per employee on the largest shift.
distribution
Incinerators and recycling centers One (1) per employee, plus one (1) per each
simultaneous truck.
Industrial or manufacturing establishments, testing One space for every two (2) employees for
laboratories, creameries, bottling works, printing and industries working two (2) or more shifts. One
engraving shops space for every three (3) employees for industries
working one shift or one space for every 400
square feet of gross floor area, whichever is greater.
Industrial service establishments One (1) space for every two (2) employees for
industries working two (2) or more shifts. One (1)
space for every three (3) employees for industries
working one (1) shift, or one (1) space for every
four hundred (400) sq. ft. of gross floor area,
whichever is greater.
Medical or dental laboratories One (1) space per four hundred (400) sq. ft. of
gross floor area.
Research and development establishments One (1) space per employee on the largest shift.
Wholesale trade establishments and warehouses One (1) space for every eight hundred (800) square
feet of net floor area.
.,.: ~:, . •~fi,'1lli.Y&1lll'•i•
Planned Unit Developments: Parking standards shall be established by the
• Commercial Planning Commission after receiving the
• Industrial Park recommendation of the Zoning Administrator
• Institutional based on the mix of proposed uses compared to the
• Mixed use standards for those, or the most similar uses in this
• Residential schedule.
Tbis ordinance adopted:
Ayes: Spataro, Warmington, Buie. Gawron, Larson, Schweifler. Shepherd
Nayes: None
Adoption Date: February 26. 2002
Effective Date: Mareh 12 2002
First Reading: February 26. 2002
Second Reading:_.c.cN'-'/A " - - - - - - - - - - - - - - - - -
CITY OF MUSKEGON /
By: ·-- , 0. ~~N'-l
Gail A. Kundinger, City Cler
Commission Meeting Date: Februaiy 26, 2002 - Zoning Ordinance Amendments for Parking Standards
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
26th day of February, 2002, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: -~F=e=b~ru=a=r__,v~2=6-~, 2002.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 26, 2002, the City Commission of the City of Muskegon adopted
an ordinance amending the Zoning Ordinance to repeal and reserve Section 2327 (Restricted Parking
Areas) and Section 2328 (Off-Street Parking Space Layout, Standards, Construction, and
Maintenance) of Article XXIII (General Provisions) of the Zoning Ordinance; delete #1 (e) of Section
401 (Special Land Uses Permitted) of Article IV (R One Family Residential Districts); delete #9 of
Sections 401, and 701, #12 of Section 601, #6 of Section 801 and #5 of Section 901 (Special Land
Uses Permitted) of Articles IV (R One Family Residential Districts), VI (RT Two-Family Residential
Districts), VII (RM-1 Low Density Multiple-Family Residential Districts), VIII (RM-2 Medium
Density Multiple-Family Residential Districts) and IX (RM-3 High Density Multiple-Family
Residential Dish-icts); repeal and reserve Section 511 (Off-Street Parking) of Article V (MHP Mobile
Home Park Districts); delete #4(b) of Section 130 I (Special Land Uses Permitted) of Article XIII (B-4
General Business Districts); and to amend Section 2326 (Off-Street Parking and Loading) of Article
XXIII (General Provisions).
The amendments provide for an update to the requirements for parking in the City, by relaxing the
requirements for most commercial and indushial uses, increasing the requirement for most residential
developments from one parking space per unit to two parking spaces per unit, adding a maximum
parking cap for all parking areas, eliminating the 'reshicted parking area' as a special use in residential
districts, and eliminating the 'parking exempt district'.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published 11/arc I, a2, , 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Commission Meeting Date: February 26, 2002
Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate - DSC Products, Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, DSC Products, Inc., 1979 Latimer
Drive, Muskegon, Michigan, has requested the issuance of an Industrial Facilities
Exemption Certificate. Since the total capital investment for this project is $305,000 in
real property, $415,000 personal property, as well as creating 7 new jobs, this request
qualifies DSC Products, Inc. for a twelve (12) year exemption for real property and a
seven (7) year exemption for personal property. DSC's current workforce is 36.
FINANCIAL IMPACT:
The City will capture certain additional property 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 twelve (12) years for real property and seven (7) years for
personal property.
COMMITTEE RECOMMENDATION:
None
2112/2002
Resolution No. 2002-25 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
DSC PRODUCTS, INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on July
26, 1983, this Commission by resolution established an Industrial Development District as
requested by DSC Products, Inc., 1979 Latimer Drive, Muskegon, Michigan 49442; and
WHEREAS, DSC Products, Inc. has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to a building expansion and 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
February 26, 2002, 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 building expansion and installation of machinery and equipment had not begun earlier
than six (6) months before February 2, 2002, the date of the acceptance of the application for the
issuance of an Industrial Facilities Tax Exemption Certificate; and
WHEREAS, the building expansion and 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 DSC Products, 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:
LOT 13, Port City Industrial Center, an Addition to the City of Muskegon, Section 34, Town 10
North, Range 16 West, as recorded in Uber 18 of Plats, pages 31-33, inclusive, Muskegon County
Records.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of twelve (12) years on real property and seven (7) year for personal
property.
Adopted this 26th Day of February 2002
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd , Spataro
Nays: None
Absent None
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 on February 2 6,
2002.
Jan 28 02 02:13p Ci~~ of Muske~cn Planni~~ 231 724 6790 p.2
:,fitU'HQi,IM 0,ao.anm4tl1 Jl i,~:;1.uy, S7C
1<:11~I_R9,.._0,.;1e)
L-4:380
Al'PUCATION FOR lNDUSTRIAI.. l"ACll.lTlES EXEMPTION CERTIFJCATE
T:,is fcnn is issued JS provided by P.A. 198 at 1974. as amended. Section references on this term ar<? to specffia sectiansot the acttri.:it
.-. ,eolai11 orraguira the aa1a. Filing at this iorm is volunt:il'j. Tile appllc:,tion should be filed attar 1he district i~ estabiishadand n0-
aiterthan (within) she month:s after the commencementof the pt0jfilct. This project will not r~cetva tax benefits until approved oy tt,e
State iax Commission.
INS"i'RUCTIONS: Read the instructions on page 4 betore com9leting this applicallon. Fila the original and lour copies of this farm and
the requlreo attJcnments (ftv" complete sets) wffn /he clerk of the local government unit. (The State Tax ~mmission
r"'9uires tour complete aets (one orla!nal Md three cC>pies)). One copy is retained by u,,. clerk.
- -
/ TO SE COMPLETED BY CLERK OF LOCAL GOVERNMENT\JNJT
-
THIS SECTION FOR USE SY THE OFFICE OF
! ClerK must il.lso compleresectians 19 and 20, page 3. THE STATE TAX COMM!SS\ON i '
::ilgmitunf Apµ&c:atlon No. '
·- -
Dma Reeatved DateRe<;aiwn I
WJittOll Agruumont?
.··-· 0Yes 0No
Apg/fr:arrt. de nor wfimabava this li,1,,. ix.'QJr1 emries ~( f:..:":c•:::'°:::"':c._-r:---::--,--.,.,--,---:--;::-,--:,--c--:::-:--:::c--::-=-
/ 1a. ;..ppuc.in: (COlni'.lmy) Nami,1 (Apfjhr!fml tuu:;l be lho CICCIJc~nt/OP<J~!Ot ot the facililV) I,, Star:darct lndw::rn,d Ct;.1·:w,f;calioJT Cade (Set:, Z(iO)} J
, D S C PRODUCTS INC FourDk,itGo<i< W \ 2 I 8 I 3 t4 I
!-=~',c""o=mµ=a"'nv'cMac:":,t11no~.'"'•=•""~"',"'$to"·iC:N"o..,.,~.,,'7,'as':'""""-:,'·""'""'·O".""""=x..,,c"'r-:-.,-.s""ra",::,-.zi=p1:----------------r-;,:Fi,:m=1l;:m'-•ccap=,,;;:,...,=:-:_,cc,-::,:-~ copy ot W,;irker'::
I .1.9_7 g LATIMER QR IVE • MUSKEGON.,. MT Ll q Ll Ll? Compen,atlon policy displaying wortron, coaes
[ <l. LO!.":.'l.1h"ul !11 F1,\oi1y \NCJ aw.I Street, t;Jl.'J. ~tate, ZIP) {Alt:\.ci\ luy..i.l 013Sc:-<.p\1Qfl) ~CitylTWfJJViil..,i:,o t, CoLlflt'/
I! ;,_ SAME
T'yi,:i,~ ;)! A1)f.;r11vu\ Rr1qui::':l.t,<Ji:I
--------r,-,M,.c..=U..:.SKEGON
"l. 3cnool D1!1\1\1..1. Wflt:rc Fttci!ity i3 L.oc:ated
MUSKEGON
a.School Cc;d.a
'1 C New !~&:.2/4)) Do 5PECULA.TIVE'fltJJl.WNG(SEC.3(8))
TRANSFE:A (oi ~l5l11lQ c:o.~t!c:.a.ta) \1 CC~\/ c1niyl 4. H\'.lw M.--inv 'fow~J utExemp1ion Ae~a:itea? (!ji::a notain ba:i:: Hi ~\t(linr;
i n
.,.
1-11::HABIUTA TTON (SEC. ~ /n D RESEARCH :1nd DEV!::I.OPMENT (Sl;C. Z(Sn incfu:!i:Qr, ot tl'le Mrrds 'afte,c.crnp!ation.•
' 0 0
i
I
MANUFACTURE & PACKAGE PHARMACEUTICAL PREPARATIONS
.-· '
I
'
Ruhubili!atlon Applicant!!. Oniy! C.enAl°al DMl':ripti•:m and U:i:u 01 ~1!:ti11g Fu.1.i!ily (Number ct t11Jl!r!l11J::., type, 112'3, r.1~,:. imxJ1J<;;t:i manulai=tun,d, .ype Qf raf.S:1tt'J'l ;)f i_hJYCklpmcnt)
15"
"
'
t::. E.'qllain Oaqrei:1. ana i'yp,J,;,r ()b$1Jlr~c1J11cc Affecting 8ds11rig r"~cii1ty.
!
~.Oeicrma>~!'O/«i !Or Whld"! ExMi~lwn i;<; Sr.1r11:;l"1/ {Type ot /mprovementg tt,-i.;nr1, R1Jikirfg; !:irz.~ ,.,1 ,,c.t,;tiWJn; Personal P'mpeny Ar.1'111itl'ld • &i:,lnin N,~w • U5cd, fr>:tmli.ri:U litJrn
OU1--al S1.ate, arc.) and ;i<,:,p1~~¢11
0 t)t:r; ,:,l Pucility
NEW BUILDING & EQUIPMENT- SEE ATTACHED LIST.
a, a .. Cos1 of land imprcvemeols (Itemize) Excludin9 cost oi lancl
·---- $ a. 15,000
b. Cost o/ building improvements. (List ma/or types & eost on attachment)
Buildlng permit /equired (Saa instructions on page 4, item 4) b 400,000
c. Casi of machinery and equipment. (ltemizo: month, day & year and tol31
' on attnchm@.m: see instruGtions on page 4, item 2) ............ , ...... ..,~---- c. 275,000. ·-·
d. Cost ottumfture and fl:xtu,cs. (Itemize: month. day & year on
attachment; ~ee instructions an page 4, ftcm 2i .......... . ........ d. 30,00_L __
TOTAL PROJECT cosr: .......... -·-·" .................._,_, ____ ,,,.,...... .. s 12 a . oo..Q.___ --·
Conllnue on Page 2
231 724 6790 p ...»=i
Jan 29 02 02:13p
;9..l;~t :nrr:e Sch~dule f~r .Srart .3.r,d .~nls~ of C.;nctr,.:c:ion Stagss .:1nd E4urpmcn1 lrl:$taJU.::rion. Project dat.ss rnu.!lt be proiec~:ad and. ,.:"Qmpteted
N1th1n ~ 'rwVO year pcncd. (See lnstrucucn~. ;:iage <1., irams 2 ;;.nd 4.)
NO'TIC:S Ai"~ E.-9 OEC.. 31~ 1983: S~on 9 (2) (c) $pecifiiffl :.11-a.t :-estcratfcr:. repfaCGment or c.::motrt.iction commence ;,ct esrllert'"lan
5 mcnths beicre ttils :OF?!ic.2t!cn is. filed. ::ilimatc datss I/men applicable.
,---------------
! Tl·IIS SECTlON MUST BE COMPL£ 1::D I 3 eQin (M/0,Y) i:.od (M/C/Y)
: WITH ACTUAL DA,E5. {REFE.."IENCE TC I Real ?rc;,o:;>1mprovemems: 12/15/01 12/31/02
j SEE A TTAC/-/MENIS NOT ACCEPTABLE}, I
01/01/02 6/30/03
:;, 13 Apc!ic.int ~IQ tcr ?uymant ot Ad Vaicrnm T UX'93 on Thi& Prnµerty?
GJ: YES • NO
c. Ara Mac.'1.inar/ ,3.r,j ~'"tli;:ment, Furr.iture ~r.d ?fxt'..::as Qwn1t1u ::ir
l...a.BS;:li,.ci: bv 1h~ Coamtor ot :.'1is i=.~c:lity'? OWNED
'' 'Mil the Prcpeny far 'Nhicn This Applic:i.tion is ril~d be Ir.eluded in ,,r.:
a.. Sta cs Ent2rprise Zone or State Renai3Sanc::: Zon" 0 YES fl NC
b. 307 Site C-Jntam1r.a1ad P:--ocerr;, File Nu;r,.bizr _______ 0 YES fi NO
12. lf Stats 2.duc.::.tion 7 axes J.re. abated. ~ch 1\Jlict":igon JOos Commfs.sion Latter ot Commitment~ CJ
a. 2.nter tctal number er emplcyess at site priorto ~tan of project. .., _ __ 33
b. Numberot existing jobs that can be identified at this :;;rte tnat""'ilr be rcm1'ned as cJ result ot t."tis prefect? ·-·-·· ------=l'-'O'----
,::. Nurnbaro'f new joos at this ::3.its expected ta :,e cre;:rted within 2: yearo of project ~mp!eticn?
' 13. Has the pro{e<;t causeC Oi w:ll it. causa.. a. rP.tOC~tian ,:)i i,r.rploymantfrom one ar more
Mlehigrui governmerm:1i ,:nits to ttle unit !n which me
project is or wilf be located?
a. CJ YES :Kz: NO\ ~ Nwr.cer ot JOOt: ir,var,n~a in Fa~ly R~on ! e. ?:av10u:-; ~tlon Qt F:clty (C.rf, ;·1,r~. VR1ago)
i I
Ailsch a ccrdfied cooy of the rasc:lutfon passed by m~ govemmentaJ unit from ·.vhicli Qmployment i'$
I"a.,m•~-"''"'"'= Com,..,• ,=;.,,
.-1
to be lrB.nsferred ccnsentlng ta lha trana.ter of ern:ot<:i\/mer:t. Dato resolution was adopted -
O __.,m•••<M ~'"•.tion tor the tJntir~ pbint renttbjfitstion district
~ 5EV c.1 """' Pmpony (E"M• Lana) j ,.s,;,, ,1 ""'onal ?«,µcny (&r,,o.i,,vonto,y} . c. 1'<tlll :aev :ts of Dec. 31, i9_,_ _
_ _ _ _ _ _ _ _ __,_1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 -'--~-----------------1
15a To~ i=·J.ci\it-,- is Lac.Jmd in the iollewtng l"ypa of
Ci:.;lrict ~fJlisMti by the ;.,,c-c:u G.cveming Vnil: b. NamA cf Governing Wnittl1c1t Est.:iblish19d District c. Date District was Establishei:t
J6ii INDUS7RIP.,!..DEVE!..OPMENT QIS,F\ICT
CITY OF MUSKEGON
Li PlANTREHABIUTATION DISTRICT
,'lOT'.C~ AFi'E.M Ol!C. 31, 198:3: Scctio11 'J(Zi{l'::) prOViCes that a wr\Uan rn~lP.St (l;ata s".,JJT1peU- 'o"J ~i".a\ uo\\) to ;;i$t1:J\;s\, \h" d~rid MUsr b.e1lcK1 prier to
\M ccmmenc::.m~~ c.t any impro-,P.ml!on'ts o-r con..,;b'uctt,:in. rt~ fumi:Jh a ccpy at the wl'ltten r~quasr.
a;r, is Thi!! Ar,plb!icm /or .1 ~()~•;uJ.::i.tiv<:: Ouilo/f'=!'; (Site. ::?(B))"7 i.zi NO ... Go to 17 balow O YE.S: • Complete b. c and d
d. Ca11:1 ot Ccn$lruc:ttcn Commencad (Sec pay.a 4, ltem ¢)
a. ).nacn !i Ca:t!NP.d :;'.;l.tament fmm 1;,e 'cuildlng owner and ~~r tha\ lhe 'o1Jildng
h~ nnt bai_,n occui:irect since i:,-::,mp!atifJn ot consm.1ctfon. {See page 4-, item 13.) 0 OwnGr 0 Assessor
· 17. ~plete~l'lr.. sc1ctron lt ;ipp11caucn ~ :Ora rep!aCP.tncnt fac:nty wn1ch will naroc located en tt'll:I s:ame site or ccntlguou!:.to :11A- o~eta hlctffy.
The atJso!BtA tacilit'f wm be dl.sposl::!<.i ct as f'OUow:.:
ConrinuEI on ?ag~.J
Jen 28 02 02,14p Ci~~ o~ Muskegon Planning 231 724 6780
APPLJCANT'S CERTIFlCATlON
Ti1e undersigned, authorized officer oi the company making this <:?pplicaticn csrtifies that. to the best ct hi:,/her knowiedge, no
-1fcmiation contained herein ar in the -attachment$ hereto is talse in any way and that all are truly de.scriptive of the industrial
,,rcperty for which lhi,s ~pplication is being submitted.
It Is turther C<:!rtifioad that :he •ondersigned is familiar with the provisions oi P.A. 198 ot 1974, as amended, being Sections
2.07 551 to 207.572, inclusive, of the Michigan Complk,d Laws; and to the best of hi:siher knowledge and belier, (s)he has
complied or will be able to comply with all of the requirements thersof which arc prerequistte to the approval oi the appllC'>lion
by the local unit ot govemmen, ano \he issuance oi an lndU$trial Facilities E.~emption Certiiicate by the Stare Tax Commission.
:o. Nam& ci PAr,:on io Coma.ct for M.lrmer lnfOIITli.llXm
/ Pilon& i
EDWARD KLING / ''""PRESIDENT (231)777-3012
.'.1:.i!i"!) Aod~ss.
l07Q ''
2-
n"R T\71<'
' I I'll H" !-.
MHSKEGON' MI 49442 --« ii ~ / 11
Typ~ N:::..m~ •)i C,:,ur,ps111y Qlli<.:i.;r
f{ , . I/
~/t,, 1U1J , , . (c_.jti,l;:_
. Slr,n,rur•
EDWARD KLING ;
:111n Da!l'lc
I
I_PRES I DENT .. . 2/01/02 . . .
·- .
i
LOCAL GOVERNMENT ACTION
This sec;tf,:m is to be completed by the clerk of the local governing unit before submitting app/Jaation to the
sum, Tax Cammissir::m
~
/ 1n. A1"1it1n ·1niu;ti
I DOCVMENTS REQUrRE!)
0
lL AtlATEMENTAPPROVED FOR -----Years 0
0
1. App!ication plus atbchments. (See inst. pg. -1, # 1~7)
2. Notice to the public prior to t1earing to establish districL
3. R,%olt1tion establlshing district. ·
Ending December 30, - - - - - 0 4. Notice to taxing ~uthorities prior to hearing to -<lpprovo I
(not to ilxc:-w:id 12 years aft~r project completion) .ipp/ica(ion. 1
Thoro ~ro circum~tances in which the words "attercompketton" could 0 $, Uot -~t ,axing authorities t1atified.
•
l
I
exretld the len9th ot th€t exempticri by 2 to 3 years. Pleas.a call the 0 S. ResohJiion approving applic~tion. i
Property Tox Division oi (517) 378-2408 ii a further explari;,tion is 0 7. (a} Lotta, of i\grccmcnt (SignAd by local unit and !
n.eeded. applicant) per P .f',. 334 of 1993.
,_ (b) AffiC:avlt of Fees (Bulletin 3, 1/16/913).
i :_J DISAPPROVED 0 a. 3222 (formerly T-1044A) (ifapplic3ble).
0 9. Specu!ativ~ buiidirtg resolution & affida\lifs.
\ :i:v, Name oi LOCai~ovemmcnt Body D:::i.h: ul A1.i11:in 0t1 TI1i:.. Application
' ' ..._ ... _
~ac~~~ ~~~,;,ta is a copy ot the applic.itlon and all doc~ments required.
;na:rur1:1 of \i,arx a.111;1 Phone
i ..
C)ark'g Mailing Aodrat..,;
G1ty ZIP Code
State Tax Commission Aule Number 57:
Complete, applicsticns approved by !he local unit and received by the State Tax Commission by October 31 wfll be
acted upan by Deoember 31.
'
i' Aeelications reqeiyed. after October 31 will be acted upon in the followin.g year.
! Mail compieted application and aJI attacnments to:
I
State Tax Commis,sion *Tnformat1on conlained in this application
Michigan Department of Treasury ,ind :;;upporting docum~ntation may be
P ,0. Sox 30471 subj cct to -review by the public if a
Lansing, Michigan 48909-7971 l"r.eedom of Infonna tion Request lS filed.
If you have any questions, please call (S17) 373-2408 or 373•3302.
-~--··- -
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
DSC PRODUCTS, INC., an existing manufacturing company located at 1979 Latimer Drive,
Muskegon, Michigan, is constructing a building addition, as well as installing new machinery and
equipment to expand its present operation. The company manufactures and packages pharmaceutical
preparations. Due to the fact that the company is investing more than $720,000, in both real and
personal property and is creating 7 new employment opportunities, it is eligible for a twelve (12) year
exemption for real property and seven (7) year exemption for personal property.
Employment Information:
Racial Characteristics:
White 25 (69.5%)
Minority 11 (30.5%)
Total 36
Gender Characteristics:
Male 22 (61%)
Female 14 (39%)
Total 36
Total No. of Anticipated New Jobs: 7
Investment Information:
Real Property: $305,000
Personal Property $415,000
Total: $720,000
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $19,800 $3,600
Value of Abatement $ 9,900 $1,800
Total New Taxes Collected $ 9,900 $1,800
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $2,184
Company Requirements:
Adopted Affirmative Action Policy if Yes D No
Meeting w/ City Affirmative Action Director ~ Yes D No
Signed Tax Abatement Contract IT' Yes D No
Taxes Paid In Full rr Yes ~./ No
Zoning Conflicts • Yes l!f No
onna Anguilm
Assistant Planner ~'"
Date: Febrnary 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Division, Southern to Western
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Division, Southern to
Western 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. 2002-25 ( b)
Resolution At First Hearing Creating Special Assessment District
For Division Street, Southern to Western
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 26, 2002 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 16. 67% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and dete1mines them to be reasonable.
2. The City Commission has considered the value of the 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 begim1ing of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and _ _ S_pa~t_a_r_o_ _ _ _ __
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 21.30% 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 prope1iies to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays None
CITY OF MUSKEGON
By
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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
Gail A. Kundinger, Cler
EXHIBIT A
DIVISION STREET FROM SOUTHERN TO WESTERN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Division Street from Southern to Western
1'11
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON, M l W~E
~~
\
W W ESTERN AV
~ I\
I 8~~~~~~
MICHIGANAV .
L>
IH ~~~~~~ ~ ~ ~
111111 I
=, . .. ' 111111
~ 8
1 1 1 1 1 1 1 1 1
1 1 1 1 1 r 11 ' ' , 1 j 1~ I / / I 1 1 d ::: 1
BiJ ~I1 1 I i~ III§ ~
1 1
El 1111 l~H 111111 11 i1 I I
------r
.;=
W
~~.: p.o;I'""--
rrrrrnrd
[ I I I 11 I
I g1 1111111
11 I I I 11111
w ,-
Fl ~~
. _ , _;....+....L.,.~ i 1, , ! 1! ,1,w a.w
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1540, DMSION-SOUTHERN TO WESTERN AVE
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11 TH DAY OF JANUARY 2002.
0~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
J, ~ DAY OF 't-:Lhrv M:l~ , 2002.
I
~~ b'J, ~!!,ks.:.
NO~PUBLIC, MUSKEGON COUNTY, MICHIGAN
-::rr::.pv1f\ Y}'\ k't"v !co w.S/::j
MY COMMISSION EXPIRES "S - \ ~ - O"S"
ENGINEERING FEASIBILITY STUDY
For
DIVISION STREET FROM SOUTHERN TO WESTERN
The proposed milling and resurfacing of Division Street between Southern and western, see
attached special assessment district map, was initiated by the City due to the roadway's condition
which has reached a critical level. We feel that the proposed work will extend the life of this
section of roadway by at least 10-years. On the other hand, waiting much longer could cause
additional and more serious distresses which could prevent this type of improvement from being
effective and render reconstruction (removing and replacing the pavement) as the only available
option. And that would almost double the construction cost as well as that of the assessment. In
addition to aforementioned, as part of this proposed construction, it also our intention to replace
any and all galvanized water service with a new copper once as well as upgrade a section of the
water main.
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 $210,000
with the length of the project being approximately 1,500 lineal feet or 2,481.03 of assessable
front footage. This translates into an estimated improvement cost of $84.64 per assessable foot.
However, based on the 2002 assessment figure for this type of improvement the assessment will
not exceed $18.00 per assessable foot.
-·
• MUSKEGON COUNTY
173 E. APPLE AVE, BUILDING C. MUSKEGON, MICHIGAN 49442
(231) 724-6386
C H G A N FAX (231) 724-1129
" M EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
•
11111111
Kenneth J. Hulka, Chair
Bill GHI, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
II James J. Kobza
Louis McMurray
Tony Moulatsiotis
February 13, 2002
st
• Clarence art Mohammed Al-Shatel, City Engineer
"I 933 Terrace Street
Muskegon, MI 49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
assessment district entailing the milling and resurfacing of Division Street located
between Western Avenue and Southern Avenue. The purpose of this analysis is
to document the reasonableness of this special assessment district by identifying
and quantifying any accrued benefits. It is subject to the normal governmental
•
restrictions of escheat, taxation, police power and eminent domain. The effective
date is February 13, 2002.
•
In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value
• enhancement and the intrinsic value that will accrue from an overall increase in
property values due to an improved quality of life created by the proposed
•
project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$ 18.00 appears
reasonable in light of analysis that indicates a probable enhancement of $20.85.
• . The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files .
•I E ly,
C{.
rt.
~
rry Groeneveld, CMAE 3
Senior Appraiser
,, I!
I
I TDD /231) 722-4103 • An EEO i ADA 'AA Employer
recycled paper
FEBRUARY 15, 2002
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49443 7
Parcel Number XX-XXX-XXX-XXXX-XX: at XXXX W WESTERN AVE
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:
Division, Southern to Western Ave
The proposed special assessment district will be located as follows:
All parcels abutting Division from N of Southern to S of Western Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 26th, 2002 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.
7
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 $210,000.00 of which
approximately 21.3% ($44,658.54) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
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.
Assessment Information
Property Address: 861 WASHINGTON AVE
Parcel Number 24-205-4 77-0007-00
Assessable Frontage: 36.9 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $664.20
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 477
W 57.7 FT OF N 73.8 FT LOT 7
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED •
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - -
Address Address
V,\S;·l,.!, : 1;.,;, i. ·'J.'3 "'
Thank you for taking the time to vote on this important issue. scon
-·
CITY OF MUSKEGON - H 1540
DIVISION, SOUTHERN TO WESTERN
STREET ASSESSMENT PROGRAM
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
-,7'_ '.>-;c_- • ' ......... - . '.' ' ' ''. ' ' '' - ~
' ,,· • ' I I I ,- J. ' • ! !, ' ) ! ' ) ' ' l, j • \ '
~_!._,,_ ___ -·· - -~- • - - -- • -~-- -- - • ~~---··~--- ~-- - - • ---··. - ----
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _--'Social Security II • •
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:,_ _ _ _ _ _ _ _ Social Security 11
- -•- -•- -
------
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _____ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate._ _ _ _ _ _ _ _,Social Security# _ _•_ _•_ _
Name Birthdate Social Security II _ _•_ _•_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _•_ _•_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate._ _ _ _ _ _ _ _,
$_ _ __ Wage earner:
ANNUAL Household Income:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
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.
· .. :·}~,~ -----,~~1
@ . ~ •.,,cl.-,.~..:'i:.'.•··.:..:.:....,;~
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 Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
1. Houston Ave., First to Third
2. Division St., Southern to Western
3. Washington, Division to Franklin
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Houston Ave. from First to Third
• All parcels abutting Division from Southern to Western
• All parcels abutting Washington from Division to Franklin
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
Depatiment and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON February 26, 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Chatier, if the owners of more than one-half of the prope1iy to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: February 16, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
_,
SPECIAL ASSESSMENT
HEARING DATE FEBRUARY 26th, 2002 H-1540 MILLING and RESURFACING
Division, Southern to Western Ave
24-205-466-0001-00 P & G HOLDINGS LLC ASSESSABLE FEET: 337.47
PO BOX 786 COST PER FOOT: $18.00
@ 1330 WESTERN AV MUSKEGON Ml 49443-078 ESTIMATED P.O. COST: I $6,074.46 1
24-205-466-0001-10 NEXCOM 921 W WESTERN LLC ASSESSABLE FEET: 203.96
880 W BROADWAY SUITE B COST PER FOOT: $18.00
@ 921 WESTERN AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,671.28 1
24-205-467-0001-00 P & G HOLDING LLC ASSESSABLE FEET: 593
PO BOX 786 COST PER FOOT: $18.00
@ 1321 DIVISION ST MUSKEGON Ml 49443-078 ESTIMATED P.O. COST: I $10,674.oo 1
24-205-4 76-0001-06 M J BLAIS LLC ASSESSABLE FEET: 66
1401 MANDELAVE COST PER FOOT: $18.00
@ 1404 DIVISION ST WESTCHESTER IL 60154 ESTIMATED P.O. COST: I $1,188.001
24-205-477-0006-10 GUTIERREZ ANTONIO/HORTEN ASSESSABLE FEET: 51
1444 DIVISION ST COST PER FOOT: $18.00
@ 1444 D1v1s10N ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: '-I_ _$_9_18_.o_o_.l
24-205-477-0006-20 ELMORE DAVID BNICKIE L ASSESSABLE FEET: 49.2
1450 DIVISION ST COST PER FOOT: $18.00
@ 1450 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: '-I_ _$_8_85_.6_0_,I
2/15/02 Page 1 of 5
- ,
HEARING DATE FEBRUARY 26th, 2002 H-1540 MILLING and RESURFACING
Division, Southern to Western Ave
24-205-477-0007-00 VASQUEZ CARLOS NMCARTHU ASSESSABLE FEET: 36.9
15136 OAKLAND COST PER FOOT: $18.00
@ 861 WASHINGTON SPRING LAKE Ml 49456-000 ESTIMATED P.O. COST: .._I_ _$_66_4_.2_0_,I
24-205-477-0008-00 FIERRO PABLO/ZULEMA ASSESSABLE FEET: 64
1458 DIVISION ST COST PER FOOT: $18.00
@ 1458 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,152.001
24-205-477-0008-10 WOODARD JEFFREY ASSESSABLE FEET: 52
1468 DIVISION ST COST PER FOOT: $18.00
@ 1468 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: '-I----'-$9_3_6_.o_o-'I
24-205-4 77-0008-20 CUTLER JACK B/CECELIA L ASSESSABLE FEET: 58
1480 DIVISION ST COST PER FOOT: $18.00
@ 1480 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,044.00 1
24-205-4 78-0001-00 WHITE STEPHEN/MASAN LUCIL ASSESSABLE FEET: 115
2924 SANFORD ST COST PER FOOT: $18.00
@ 889 WASHINGTON MUSKEGON HEI Ml 49444 ESTIMATED P.O. COST: I $2,070.00 1
24-205-478-0001-10 WEESIES HEATHER ASSESSABLE FEET: 50
1451 DIVISION ST COST PER FOOT: $18.00
@ 1451 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: LI_ __:_$9_0_0_.0_;.0_JI
24-205-478-0015-00 FIERRO PABLO/ZULEMA ASSESSABLE FEET: 40.5
1473 DIVISION ST COST PER FOOT: $18.00
@ 1473 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: l'---__$7_2_9_.0_0_,I
2/15/02 Page 2 of 5
- , _,
HEARING DATE FEBRUARY 26th, 2002 H-1540 MILLING and RESURFACING
Division, Southern to Western Ave
24-205-478-0015-10 BRICENO GUILLERMO ASSESSABLE FEET: 40.5
1481 DIVISION ST COST PER FOOT: $18.00
@ 1481 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: .__I_ _$_7_29_.o_o_,I
24-205-478-0016-00 FIERRO PABLO R ASSESSABLE FEET: 47
1461 DIVISION ST COST PER FOOT: $18.00
@ 1461 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: .__I_ _$_8_46_.o_o_,I
24-205-4 78-0016-10 VANDERWELL KATHRYN K ASSESSABLE FEET: 37
1467 DIVISION ST COST PER FOOT: $18.00
@ 1467 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: .__I_ _$_6_66_.o_o_,I
24-205-486-0015-10 CITY OF MUSKEGON ASSESSABLE FEET: 66
933 TERRACE ST COST PER FOOT: $18.00
@ 880 SOUTHERN AV MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,188.001
24-205-486-0016-00 JOHNSON LOUISE J ASSESSABLE FEET: 49.5
1533 DIVISION ST COST PER FOOT: $18.00
@ 1533 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: 11--_$_8_91_.0_0_,I
24-205-486-0017-00 FOSTER BRIAN ASSESSABLE FEET: 99
3232 MCMILLAN RD COST PER FOOT: $18.00
@ 1517 DIVISION ST TWIN LAKE Ml 49457 ESTIMATED P.O. COST: I $1,182.00 1
24-205-486-0018-00 0 BRIEN MICHAEL J ASSESSABLE FEET: 33
1513 DIVISION ST COST PER FOOT: $18.00
@ 1513 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: LI--'-$5_9_4_.o_o__,I
2/15/02 Page 3 of 5
_,
HEARING DATE FEBRUARY 26th, 2002 H-1540 MILLING and RESURFACING
Division. Southern to Western Ave
24-205-486-0018-10 AMAYA JOHN J ASSESSABLE FEET: 33
1507 DIVISION COST PER FOOT: $18.00
@ 1507 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: ~'_ _$_5_94_.o_o_,i
24-205-486-0019-00 GOMEZ ANTHONY S ASSESSABLE FEET: 66
6884 WILDWOOD CT COST PER FOOT: $18.00
@ 1497 DIVISION ST FRUITPORT Ml 49415 ESTIMATED P.O. COST: I $1,188.oo I
24-205-487-0006-10 WALKER GORDON ASSESSABLE FEET: 58
1506 DIVISION ST. COST PER FOOT: $18.00
@ 1506 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.044_00 1
24-205-487-0006-20 G K INVESTMENT CO ASSESSABLE FEET: 60
97 4 W NORTON AVE COST PER FOOT: $18.00
@ 1516 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,080.00 1
24-205-487-0007-00 PALO JOANN MARIE ASSESSABLE FEET: 58
1498 DIVISION COST PER FOOT: $18.00
@ 1498 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,044_00 1
24-205-487-0008-00 HELLER MICHELLE ASSESSABLE FEET: 60
1524 DIVISION ST COST PER FOOT: $18.00
@ 1524 DIVISION ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,080.00 1
24-205-487-0008-10 MCINTYRE SUZANNE/BUTTERM ASSESSABLE FEET: 57
862 W SOUTHERN AVE COST PER FOOT: $18.00
@ 862 SOUTHERN AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,026.00 1
2/15/02 Page 4 of 5
- '
HEARING DATE FEBRUARY 26th, 2002 H-1540 MILLING and RESURFACING
Division, Southern to Western Ave
SUM OF ASSESSABLE FOOTAGE: 2481.03 SUM OF ESTIMATED P.O. COST: $44,asa.s4 I
TOTAL NUMBER OF ASSESSABLE PARCELS 27
PARCEL WITH $0.00 TOTAL ARE EXEMPT
2/15/02 Page 5 of 5
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote ciiunt, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
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 tines 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.
Assessment Information
Property Address: 862 ',fl/ SOUTHERN AVE
Parcel Number 24-205-487-0008-10
Assessable Frontage: 57 Feet
Estimated Front Foot Cost: $18.00 perFoot RECEIVED
ESTIMATED TOTAL COST $1,026.00 /Fife .1 %P Waz
Property Description City c
Jerks Ott·
CITY OF MUSKEGON ice
RE\11S!::D PLA.TOF 1903
BLK 487
S 114 FT LOT 8
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED '){:
~ "
",' ,,
__ /.·, ,._ i.i '· ,; i_; _. CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
. . .)
Signature ,;.··------....,-------------....._ Signature - - - - - - - - - - - -
,{· _,1 ·: ••.
Address· Address
Thank you for taking the time to vote on this important issue.
February 18, 2002
Regarding: Division Assessment
Parcel Number: 24-205-487-0008-!0
Suzanne McIntyre
862 W. Southem
Muskegon,W. 49441
Muskegon City Commission
P.O. Box 536- City Hall
933 Terrace Street
Muskegon,Ml. 49443-0536
Dear City Commission,
I appreciate your efforts to keep our city at its finest, but I am definitely against a special assessment for
Division Street. For some reason, there are many very heavy vehicles using Division Street since the
bridge on Seaway Drive was constructed. There was a closure on Seaway Drive and the trucks started
using Division. They also use Southern which has caused some problems. Many of the trucks run over
the curb at Southern and Division besides creating a noise factor. You may not have sympathy with this,
but my effort to keep this visually nice have been difficult.
Also, the added expense at this time would be unbearable for many along this stretch of Division. I
personally am retired an have to manage a budget very carefully. The economic times are currently very
difficult for myself and others. Many people are out of work
Because my home faces Southern, I don't use Division. If a study were done on the use of this part of
Division, I believe you would flue the trucks were much of the problem with Division. In fact, my whole
house has shook wheu some of these trucks have passed
In conclusion, because of the reasons I have mentioned in the previous paragraphs, I am against the
assessment of property owners.
Respectfully submitted,
.""1 rc:L·, L~
-1-/,;~
.
.~J,Ced1--iJZ.'1/
~
71. C
:YI/~~
17
z, .
Suzanne McIntyre
RECEI\IED
/i:"'f>/G) @ ,11\
r,tsi)) @ w 2DOZ
City Clerks Office
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
INSTRUCTION!?_
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.
Assessment Information
Property Address: 1533 DIVISION ST
Parcel Number 24-205-486-0016-00
Assessable Frontage: 49.5 Feet
Estimated Front Foot Cost: $18.00 per Foot
RECEIVED
ESTIMATED TOTAL COST $891.00 f.fB 2 5 2002
Property Description City Clerks Office
CITY OF MUSKEGON
RE'!!SED PLb.T OF ~ 90:'-
SLK 486
LOT16
Your vote COUNTS!
' \ ) \,J \S ( :~ '\--
·- $._ C.:i-'-\....i-c·...... ...,·
I AM OPPOSED
•
-"';(-··..,___.;...,_<\_____ Cobwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner __ // . _1 ,
. ,.-· ){ . ; ,· .:..L-·,v( 1 LL:..----JVV
t _if"
S1gna ure/ 1' _ . . , (.,i . ••.. Signature - - - - - - - - - - - -
/'\)? 1)i Cl,<_:,,-;))..,_
Address Address
26
Thank you for taking the time to vote on this important issue.
L==cC:c::,mz-~~=,ms===-=--==-2,,21>:====1 L
ts
t_i1~~~~~
'1
~ µ<=~'-~"-"'"10""1'.·•·""L.K"''ceLc:~""---"---------------------------'1
!•.' '/,vW,_1,~-=-2=::=c-:::ce2__o,;;2".);==cL2-a_,:____________________o
r !''
~
'
~
t_-?,L· ·.·
Jd1_,-,. _ 11~ti:~ze,,t;
-z,u'--c,c/-?z,
,•17 - .•
/4•,t,,t,,'-t,;,,t_,·r-· i'- <'C/((J
"
~
~ ~/dc:=='7'---'~~~~=-:_---',.L--"=~L=,-·,=·'-8=l=t.r-'--"!,..=,:',t;~,.L=-""'-='..'--"t""';,i,=--"-'
/Li.4-<--l ··-z; l,)--c~ . -U__ , i
l
F
DSTUART HALL CO., INC,
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
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.
Assessment Information
Property Address: 1497 DIVISION ST , t,O
Parcel Number 24-2os-4s6-0019-ofl £C£\\I~)(\D-'2,
, M
Assessable Frontage: 66 Feet ,-s::x
r-1,,.)"'
i!,"' t}J.•
Estimated Front Foot Cost: $18.00 per Foot . . c1er\<.S oHice
ESTIMATED TOTAL COST $1,188.00 city
Property Description
CITY OF MUSKEGON
:1EVlSED P!.../\T OF 19C3
BLK 486
LOT19
EX W 16 FT
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
owner f\o~hoos,: '.).--pQ ('£1172-, CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
Signature ( 'A 'fi Wh-"&'
""' ,"""'* 1J<liw-,,:'S s·1gnature
Address &BB'i C'.t .
Ii ' 11 ru.-'cd} Address
f/2.;.;0 Jf'DK'T
J'JT.t l,/<1, 1 )')- 19
Thank you for taking the time to vote on this important issue.
:.~
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
!NSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwaidGd 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.
Assessment Information
Property Address: 1458 DIVISION ST
Parcel Number 24-205-4 77-0008-00
Assessable Frontage: 64 Feet
Estimated Front Foot Cost: $18.00 per Foot RECEIVED
ESTIMATED TOTAL COST $1,152.00
Property Description
City Clerks Office
CITY OF MUSKEGON
P!::VISED PLAT OF 1903
BLK 477
N 64 FT LOT 8
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED~
12
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes fon.varded 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.
Assessment Information
Property Address: 1451 DIVISION ST
Parcel Number 24-205-478-0001-10
Assessable Frontage: 50 Feet
RECEIVED
Estimated Front Foot Cost: $18.00 per Foot
IFEB 2 6 2002
ESTIMATED TOTAL COST $900.00
Property Description City Clerks Otnce
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 478
S 50 rT LOT 1
Your vote COUNTS!
• 0
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
i.i ~ l.."'r (}.;~,;;: ; .,,,::,, CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature
rg -=t:tfv:z w ,L~
Signature - - - - - - - - - - - -
Address
!If!)' ) f) ,'° \J' 1' S ~ o- 'S f-
>\,
Address
11
Thank you for taking the time to vote on this important issue.
._ ,,. - :·
SPECIAL ASSESSMENT
HEARI NG RESPONSE CARD
To have your vote count, please
Return Th is Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
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.
Assessment Information
Property Address: 1468 DIVISION ST
Parcel Number 24-205-4 77-0008-10
Assessab le Frontage: 52 Feet RECEIVED
Estimated Front Foot Cost: $18.00 per Foot FEB 2 2 2002
ESTIMATED TOTAL COST $936.00 City Clerks Ort,ce
Property Description
CITY OF MUSKEGON
P E\/!Sl::IJ Pl_A.TOF 1903
BLK477
S 52 FT OF N 116 FT LOT 8
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED IXI
1
Owner
15
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
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.
Assessment Information
Property Address: 1461 DIVISION ST
Parcel Number 24-205-4 78-0016-00
Assessable Frontage: 47 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $846.00
Property Description
CITY OF MUSKEGON
REV!SED PL\T OF 1903 --
BLK 478
N47FTLOT16
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Pavingtroject.
I AM OPPOSED A""·;t... ~
/
,_,_.,......,..._.__.h_/"":i..'.._(..,\1_·
c.._·
, ____ -:C!"'...i.'\..,!,...,?.ii.iif'l_,l:;.;C'....___./._:=,_.·.,,+'.,.'1..,V._(._)
CoOwner/Spouse _'
.. . __
- il " ·r/•JU,__
/7 . , _,f_,,.,.-:.,,.,.
/ ,.-c.., ,1..-1 _ 1
., .?. . . "J''1·1· ,-
1f _J_V fc ,._,,
Signature
Signature 1.\/.i,· (
Address '-"'""''··-., 1',,, 1, ''., _J·,••·_, ·"
1'-_\.
.._...l-'-'-""'-.._."'-'-..;...a'---"'-"-' ·
,;:+ /)
/C:.( (p / l)! \_/ i) \ Ot:1
'
j·y ,
=1
Address
13
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Division, Southern to Western Ave
Project Description: All parcels abutting Division from N of Southern to S of Western Ave.
INSTRUCTIONS
!f you wi::,h to have your writien vote included as part of the tabulation of votes forv,"rdw: ::o
the City Commission for the scheduled public hearing, please return this card ·:,;y thE,· dot,,
indicated above. To use this response card please indicate whether you Oppose or ,:,:y;Jr
this special assessment project, sign the form and return it to the City Clerk's Office. 7(,
return this card by mail, simply foid on the dotted lines so the address on the reverse s:-ii:; ;'.;
showing. Be sure to seal the form with a small piece of tape or staple prior to 1;1ailin;;.
Assessment Information
Property Address: 1473 DIVISIONS:
Parcel Number 24-2os-41s-001s-oo RECEIVED
Assessable Frontage: 40.5 Feet
Estimated Front Foot Cost: $18.00 per Foot
City Clerks Office
ESTIMATED TOTAL COST $729.00
Property Description
CITY OF MUSKEGON
REVISED PL•\T OF 1903
BLK 478
N 1/2 LOT 15
EX W 2 FT
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Proje l.
I AM OPPOSED \i' .
16
Thank you for taking the time to vote on this important issue. ·
-· -· -·
Affirmative Action
23Inl4-6703
FAXnll-1214
Aneuor
2311724-6708
FAXn26-5181
Cemetery
231/724-6783 FEBRUARY 15, 2002
FAX1726-5617
ClvU Service
ntn24-6716
F AXn24440S West Michigan's Shoreline City
Clerk
231n2u1os
FAX/7244178
Comm, & Neigh. VANDERWELL KATHRYN K
Services 1467 DIVISION ST
231/724-6717
FAX/726-1501 MUSKEGON; Ml 49441 14
Engineering
231/724-6707 Parcel Number 24-205-478-0016-10: at 1467 DIVISION ST
FAX/727-6904
Finance NOTICE OF HEARING ON SPECIAL ASSESSMENT
2311724--6713
FAXnl4-6768
Fire Dept,
Dear Property Owner:
231/724-6792
F AX/724-6985
The Muskegon City Commission is considering whether or not to create a special
Income Tu: assessment district which would assess your property for the following paving project:
2311724-6770
FAxn24-6768
Info. System,
Division, Southern to Western Ave
2311724-6744
FAX1722-4301
The proposed special assessment district will be located as follows:
Leisure Service
231/724-6704
FAX1724-1196 All parcels abutting Division from N of Southern to S of Western Ave.
Manager's Office
231/724-6724 It is proposed that a portion of the above improvement will be paid by special
FAxnll-1214 assessment against properties in the aforementioned district. Following are conditions
Mayor's Office of the proposed special assessment which are important to you.
231/724-6701
FAX/721-1214
Public Hearings
Inspection Sen1cu
23Jnl4-6715
FAX/726-2501 An initial public hearing to consider the creation of a special assessment district will be.
Planning/Zoning held at the City of Muskegon City Commission Chambers on FEBRUARY :?6th, 2002 at ·
2311724-6702
FAX/724-6790
<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
Police Dept.
2311724-6750
special assessment. We are enclosing a Hearing Response Card for you to indicate
FAX/722-5140 your agreement or opposition to the special assessment. This card includes the
Public Workl property identification and description, assessable footage per City policy, and the
2311724--4100 estimated cost of the assessment. You may also appear, as above, in lieu of, or in
FAXn12 188•
addition to mailing your response card to the City Clerk. Written objections or
Tre • surer appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
2311724-6720
F Axn24-6768 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
Water Bllllna: Dept.
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
2311724-6718 OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
FAX/724--6768
W•ter FUtratloa
1JtnlM106
FAXn5S-5190 1-1
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
H-1540 DIVISION ST., SOUTHERN AVE. TO WESTERN AVE.
PROPERTY OWNER SPECIAi ASSESSMENT RESPONSE TABlll ATION
= PERCENTAGE
LETTER# PARCEL#
FOR
ST#
TOTAL NUMBER OF PARCELS - 27
ST NAME FEET LETTER# PARCEL#
OPPOSE
ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2481.030 26 24-205-486-0016-00 1533 DIVISION 49.50 2 24-205-187-0008-10 862 WSOUTHERN 57.00
11 24-205-476-0001-10 1451 DIVISION 50.00
FRONT FEET OPPOSED 413.5 16.67% 12 24-205-477-0008-00 1458 DIVISION 64.00
13 24-205-478-0016-00 1461 DIVISION 47.00
RESPONDING FRONT FEET IN FAVOR 49.500 2.00% 16 24-205-478-0015-00 1473 DIVISION 40.50
19 24-205-486-0019-00 1497 DIVISION 66.00
NOT RESPONDING - FRONT FEET IN FAVOR 2018.030 81.34% 24-205-478-0016-10 1467 DIVISION 37.00
24-205-477-0008-1 0 1468 DIVISION 52.00
TOTAL FRONT FEET !N FAVOR 2067.530 83.33%
TOTALS 49.50 413.50
TABULATED AS OF: 02126102 05:32 PM
02/26/20025:32 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON DIVJSION
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Washington, Division to Franklin
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Washington, Division
to Franklin 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. 200?-25 ( c)
Resolution At First Hearing Creating Special Assessment District
For Washington Ave., Division to Franklin
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 26, 2002 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 12 61 % 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 - --==S=p=at=a=r---=o' - - - - - --
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 19.10% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Gawron, Larson , Schweifler, Shepherd, Spataro, Warmin~ton, Buie
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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--f==
euJ_,==-=O~.i~ ~~-=---
, Gail A. Kundinger, Clerk
EXHIBIT A
WASHINGTON FROM DIVISION TO FRANKLIN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Washington from Division to Franklin
l'i
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON , Ml W~E
~~
\
WWESTERNAV
, 1 11 11rrHIGAN
~-,,,- - ,..- ,-,- -. I II 1111
r,
Fl ~
. r "
II , !
,
,, ,
WASHINGT~ ~V
IITilE R11111 I I RHn 11 1 i 11 i •: l,i,I ,
I, I , --, r • , •,•.,., , u
IIIIill Olllll 1111 Fl 111 1118 ' " , , ··~ '-----'-L.._L._~
'11111111 J 111111118
~ ~r,~lr~ ~a
rr~n H~1' i a~ ...,,,,,,,,,,,
E 11111 1
-,--,--.,1
:::.::::
111111
i 11 ' I Pd I , , , , I I I I I l , " , , , , ,
I I ,
~-,-...,
§" __ I
r 11111 I I
1
11 Cl 111 I I I Fl ~
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1538 WASHINGTON, DIVISION TO FRANKLIN
THE DEPONENT SAYS THAT THE NOTICE OF HEARJNG 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
04 ~002.
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11TH DAY
· GAIL A. KUNDINGER, CITY C RI(
SUBSCRIBED AND SWORN TO BEFORE ME THIS
&t DAY OF J"~CMC u , 2002.
\
NO
~~ M ' KM ~ ~~
Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
:SO ~r"\f'\ VY\ i<l'v k:c ws-~~ ; o S-
MY COMMISSION EXPIRES I ~,..
ENGINEERING FEASIBILITY STUDY
For
WASHING TON AVE. FROM DIVISION TO FRANKLIN
The proposed reconstruction of Washington Street between Division and Franklin, see attached
location map, was initiated by the City due to the conditions of the road and the fact that this
project was on the five year capital improvement plan. The proposed improvement consists of
total removal of all existing pavements including cmb and gutter and the placement of a new
street pavement that will include a new curb and gutter. In addition to the roadway work, we
will, if the district is created, construct a new 8" water main and as well as a new 12" sanitary
sewer along with services.
A memo from the Assessor's office, which addresses the appraisal and benefit information is
attached.
The preliminary cost estimate for the work associated with paving is approximately $350,000
with the length of the project being approximately 1207 lineal feet or 1842.95 of assessable front
footage. This translates into an estimated improvement cost of $290 per assessable foot. The
assessment figure will be at a cost not to exceed $36.36 per front foot as established in the 2002
Special Assessment for this type of improvement.
_,
• MUSKEGON COlJNTY
.M C H G A N
173 E APPLE AVE. BUILDING C. MUSKEGON. MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
•
•
BOARD OF COMMISSIONERS
Kenneth J_ Hulka, Chair
Bi!I Gill, Vice Chair
Paul Baade
EQUALIZATION DEPARTMENT
•
Douglas Bennett
Nancy G _Frye
James J. Kobza
Louis McMurray
Tony Mou!atsiotis February 13, 2002
st
• Clarence art Mohammed Al-Shatel, City Engineer
933 Terrace Street
• Muskegon, MI 49443
• Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
• assessment district entailing the reconstruction of Washington A venue located
between Franklin Street and Division Street. The purpose of this analysis is to
• document the reasonableness of this special assessment district by identifying
and quantifying any accrued benefits. It is subject to the normal governmental
restrictions of escheat, taxation, police power and eminent domain. The effective
• date is February 13, 2002.
In conclusion, it is my opinion that the special assessment amounts justly and
• reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value
• enhancement and the intrinsic value that will accrue from an overall increase in
property values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
• encompasses a mixture of properties, but the front foot rate of$ 36.35 appears
reasonable in light of analysis that indicates a probable enhancement of $37.40.
•I The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
Sl}~~rely, ~
I ;rn;::~::C-r~neveld, CMAE 3
Senior Appraiser
I
I TOO (23 /) 722-4 /03 • An EEO
recycled paper
Ai' I \_cl [ ·: nicycJ<
FEBRUARY 15, 2002
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49444 1
Parcel Number XX-XXX-XXXX-XX: at XXX WASHINGTON AVE
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:
Washington. Division to Franklin.
The proposed special assessment district will be located as follows:
All parcels abutting Washington from west of Division to west of Franklin
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 26th, 2002 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 $350,000.00 of which
approximately 19.1 % ($66,991.23) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
Gfty Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
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.
Assessment Information
Property Address: 889 WASHINGTON AVE
Parcel Number 24-205-478-0001-00
Assessable Frontage: 64 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,326.40
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 478
LOT2
&N115FTOFLOT1
Your vote COUNTS!
• •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - -
Address Address
Thank you for taking the time to vote on this important issue.
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _P.hone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _____L.ist information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B.irthdate _ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
PropertyTaxes: ( ) Current ( ) Delinquent Year(s)Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)
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.
~iQfflQffl)'_.fililtO iX~~
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 insnrance.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments• Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
1. Houston Ave., First to Third
2. Division St., Southern to Western
3. Washington, Division to Franklin
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abuttiug Houston Ave. from First to Third &
• All parcels abutting Division from Southern to Western
• All parcels abutting Washington from Division to Franklin
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON February 26, 2002 AT 5:30 0 'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: February 16, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessmy appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 or TDD (231) 724-6773
-· -·
SPECIAL ASSESSMENT
HEARING DATE FEBRUARY 26th, 2002 H-1538 RECONSTRUCTION
Washington, Division to Franklin.
24-205-467-0001-00 P & G HOLDING LLC ASSESSABLE FEET: 480--
PO BOX786 COST PER FOOT: $36.35
@ 1321 DIVISION ST MUSKEGON Ml 49443-078 ESTIMATED P.O. COST: I $17,448.oo 1
24-205-473-0009-00 MUSKEGON COUNTY HABITAT ASSESSABLE FEET: 49.5-
1330 5TH ST COST PER FOOT: $36.35
@ 1032 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,799.33 1
24-205-4 73-0010-00 MUSKEGON COUNTY HABITAT ASSESSABLE FEET: 24.75...-
1330 5TH ST COST PER FOOT: $36.35
@ 1022 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: . _ I_ __;_$8_9_9._66_1
24-205-473-0010-10 CUMINGS DARWIN JR/RICHARD ASSESSABLE FEET: 24.75 /
1012 WASHINGTON AVE COST PER FOOT: $36.35
@ 1018 WASHINGTON MUSKEGON Ml 49442 ESTIMATED P.O. COST: ' - I_ _ $_8_9_9._66~1
24-205-473-0011-00 CUMINGS DARWIN L/RICHARD A ASSESSABLE FEET: 49.5-
1012 WASHINGTON AVE COST PER FOOT: $36.35
@ 1012 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,799.33 1
24-205-473-0012-00HAYDU TAMMI M ASSESSABLE FEET: 80.95-
1006 WASHINGTON AVE COST PER FOOT: $36.35
@ 1006 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,942.53 1
2/11/02 Page 1 of 5
-·
HEARING DATE FEBRUARY 26th, 2002 H-1538 RECONSTRUCTION
Washington, Division to Franklin.
24-205-4 73-0014-00 AGUIRRE MONICA ASSESSABLE FEET: 64,...,.
992 WASHINGTON AVE COST PER FOOT: $36.35
@ 992 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,326.40 1
24-205-473-0015-00 MLA INC ASSESSABLE FEET: 64,....
30521 SCHOENHERR COST PER FOOT: $36.35
@ 984 WASHINGTON WARREN Ml 48093 ESTIMATED P.O. COST: I $2,326.40 1
24-205-473-0016-00 RUEL JANE F ASSESSABLE FEET: 32...-
1825 ELWOOD COST PER FOOT: $36.35
@ 974 WASHINGTON MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,163.20 1
24-205-4 73-0016-10 PEETS GARY A/DARLENE D ASSESSABLE FEET: 32 ......
1436 CLARK ST COST PER FOOT: $36.35
@ 970 WASHINGTON MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,163.201
24-205-473-0017-00 ARCHER MICHAEL W ASSESSABLE FEET: 64,,...
966 WASHINGTON AVE COST PER FOOT: $36.35
@ 966 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,326.40 1
24-205-478-0001-00 WHITE STEPHEN/MASAN LUCIL ASSESSABLE FEET: 64 ,...-
2924 SANFORD ST COST PER FOOT: $36.35
@ 889 WASHINGTON MUSKEGON HEI Ml 49444 ESTIMATED P.O. COST: I $2,325.40 1
24-205-4 78-0003-00 NOORDHOFF ROBERT ASSESSABLE FEET: 55.5-
195 W APPLE AVE APT 5 COST PER FOOT: $36.35
@ 901 WASHINGTON MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $2,017.43 1
2/11/02 Page 2 of 5
- ,
HEARING DATE FEBRUARY 26th, 2002 H-1538 RECONSTRUCTION
Washington, Division to Franklin.
24-205-478-0004-00 CITY OF MUSKEGON ASSESSABLE FEET: 55.5 _,,,,
PO BOX536 COST PER FOOT: $36.35
@ 909 WASHINGTON MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,017.43 1
24-205-478-0005-00 THERRIAN DAMIEN/ANGELA ASSESSABLE FEET: 55.5-
915 WASHINGTON AVE COST PER FOOT: $36.35
@ 915 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,017.43 1
24-205-478-0006-00 ARMSTRONG RETHA J ASSESSABLE FEET: 55.5 '
6295 HEIGHTS RAVENNA RD COST PER FOOT: $36.35
@ 921 WASHINGTON FRUITPORT Ml 49415-869 ESTIMATED P.O. COST: I $2,017.43 1
24-205-4 78-0007-00 TRICE GLADYS M ASSESSABLE FEET: 33'
933 WASHINGTON AVE COST PER FOOT: $36.35
@ 933 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,199.55 I
24-205-478-0007-10 WESLEY JOANN ASSESSABLE FEET: 33·
935 WASHINGTON AVE COST PER FOOT: $36.35
@ 935 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1. 199.55 1
,
24-205-4 78-0008-00 MEIER BARRY M ASSESSABLE FEET: 3.2
139 MONROE AVE COST PER FOOT: $36.35
@ 943 WASHINGTON MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,163.201
,
24-205-479-0001-00 PUTHOFF C RICHARD ASSESSABLE FEET: 74·
1400 LAKESHORE CT #4 COST PER FOOT: $36.35
@ 969 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,689.90 1
2/11/02 Page 3 of 5
-·
HEARING DATE FEBRUARY 26th, 2002 H-1538 RECONSTRUCTION
Washington, Division to Franklin.
24-205-479-0001-10 DIAZ MARIA ASSESSABLE FEET: 24,
970 WASHINGTON AVE COST PER FOOT: $36.35
@ 971 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST:~'_ _$_8_72_.4_0_.!
,-
24-205-479-0001-20 SNYDER PAUL ASSESSABLE FEET: 30
975 WASHINGTON AVE COST PER FOOT: $36.35
@ 975 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,090.50 I
24-205-479-0002-00 SPOFFORD CURTIES J/JULIE A ASSESSABLE FEET: 64 '
985 WASHINGTON AVE COST PER FOOT: $36.35
@ 985 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,326.40 I
24-205-4 79-0003-00 VASQUEZ MANUEL S/MARIA A ASSESSABLE FEET: 64"
991 WASHINGTON AVE COST PER FOOT: $36.35
@ 991 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,326.40 I
24-205-479-0004-00 CASTANON JOSE A ASSESSABLE FEET: 33.5 '
894 W GRAND AVE COST PER FOOT: $36.35
@ 999 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,217.731
24-205-4 79-0005-00
HERNANDEZ JOSE S ASSESSABLE FEET: 55.5 '
1005 WASHINGTON AVE COST PER FOOT: $36.35
@ 1005 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,017.43 1
24-205-479-0006-00CITY OF MUSKEGON ASSESSABLE FEET: 49.5
PO BOX 536 COST PER FOOT: $36.35
@ 1013 WASHINGTON MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,799.33 1
2/11/02 Page 4 of 5
- ,
HEARING DATE FEBRUARY 26th, 2002 H-1538 RECONSTRUCTION
Washington. Division to Franklin.
24-205-4 79-0007-00
LEROUX EUGENE ASSESSABLE FEET: 49.5 ~
3558 MOHAWK DR COST PER FOOT: $36.35
@ 1021 WASHINGTON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,799.33 I
24-205-4 79-0008-00JONES TERESA R ASSESSABLE FEET: 49.5-
1440 FRANKLIN ST COST PER FOOT: $36.35
@ 1440 FRANKLIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,799.33 j
SUM OF ASSESSABLE FOOTAGE: 1842.95 SUM OF ESTIMATED P.O. COST: $66,991.23 I
TOTAL NUMBER OF ASSESSABLE PARCELS 29
PARCEL WITH $0.00 TOTAL ARE EXEMPT
2/11/02 Page 5 of 5
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
INSTRUCTIONS
if you wish to have your wriiien voie im.:iudeu a::; pai i uf ,he labuia,iu,·, u, vu(e;; ;c,1 ,vc,,JeJ iu
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.
Assessment Information
Property Address: 1005 WASHINGTON AVE
Parcel Number 24-205-4 79-0005-00
Assessable Frontage: 55.5 Feet
Estimated Front Foot Cost: $36.35 per Foot
RECEIVED
ESTIMATED TOTAL COST $2,017.43
fFEB 2 0 2002
Property Description City Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK479
W551/2 FT LOT 5
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
f
Owner
26
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
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.
Assessment Information
Property Address: 1440 FRANKLIN ST
Parcel Number 24-205-479-0008-00
Assessable Frontage: 49.5 Feet
Estimated Front Foot Cost: · $36.35 per Foot RECEIVED
ESTIMATED TOTAL COST $1,799.33
iF ri:t N 5 2002
&,.kJ ." .. .,
Property Description
CITY OF MUSKEGON
City Clerks Office
REVISED PLAT OF 1903
BLK 479
N 105 FT LOT 8
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR i::--71
C::LJ
I AM OPPOSED •
Owner :Jy5 fy;, .\ C ~~i" .. <>, {\ P:S CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
. <~\\/ntJ?·/J
Signature , ,, , 1 .,
·, · •'"-I •
,~ •
e. /
, i (·
\/i\iC/';
.v
-L.-J ,, I ,,. · i ,,
Signature - - - - - - - - - - - -
Address 1~ •.J 1 1
' 1'· ··'" ' ' ' Address
29
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
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.
Assessment Information
Property Address: 1006 WASHINGTON AVE
Parcel Number 24-205-473-0012-00
Assessable Frontage: 80.95 Feet RECE\VED
Estimated Front Foot Cost: $36.35 per Foot
FEB 2, o?.002
ESTIMATED TOTAL COST $2,942.53
City Clerks Qttice
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 473
LOTS 12 & 13
Your vote COUNTS!
IAMINFAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
IAMOPPOSED ~
Owner ~~.,..u.:.......::..iw.i,~..,,.__ _ CoOwner/Spouse s}s;,';>"o \Jaode(X bw:f
Signature .J....U..l.l.l.i!.1..1......:..ll.lJ"',1-i~--- Signature
(\
'1"//l;V-
.
\jI
'ul/1..--.-",/
Address 100/JJ (1 hS.bic:9too Address jt)blp ),)O)h•t1ji10 _
11
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
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.
Assessment Information
Property Address: 974 WASHINGTON AVE
Parcel Number 24-205-4 73-0016-00
Assessable Frontage: 32 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,1sJ.20 RECEIVED
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 473
City Clerks Office
W 1/2 LOT 16
Your vote COUNTS!
• Ivr
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
Signature Signature - - - - - - - - - - - -
Address Address
14
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Washington, Division to Franklin.
Project Description: All parcels abutting Washington from west of Division to west of
Franklin
INSTRUCTIONS
it you wish to have your written vote included as pan: of the tabuiation 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. ·
Assessment Information
Property Address: 991 WASHINGTON AVE
Parcel Number 24-205-479-0003-00
Assessable Frontage: 64 Feet
Estimated Front Foot Cost: $36.35 per Foot RECEIVED
ESTIMATED TOTAL COST $2,326.40
Property Description
City Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 479
LOT3
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~'
• l-1>_- t,;'.~. f/7{.;-r-,~ _
Signature "'-'..:··;;.·...;:;;.__....;....:..:....,.;"""'"...;..-----
Address ..;.-..:~...
,_·-..;...'"1'-,..'-!""',,""·,•..,-"-'___
. '"""""""'"!.:..\1_·/•..,f?_ _
25
Thank you for taking the time to vote on this important issue.
H-1538 WASHINGTON, FRANKLIN TO DIVISION
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
illI PERCENTAGE TOTAL NUMBER OF PARCELS. 29
FOR OPPOSE
LETTER# PARCEL# ST# ST NAME FEET LETTER# PARCEL# ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1842.950 .... 29 24-205-479-0008-00 1440 FRANKLIN 49.50 11 24-205-473-0012-00 1006 WASHINGTON 80.95
14 24-205-473-0016-00 974 WASHINGTON 32.00
FRONT FEET OPPOSED 232.45 12.61%
25 4-+205-479-0003-0 991 WASHINGTON 64.00
RESPONDING FRONT FEET IN FAVOR 49,500 2.69% 26 24-205-479-0005-00 1005 WASHINGTON 55.50
NOT RESPONDING - FRONT FEET IN FAVOR 1561.000 84.70%
TOTAL FRONT FEET IN FAVOR 1610.500 87.39%
TOTALS 49.50 232.45
TABULATED AS OF: 02/26/02 05:29 PM
02/26/20025:29 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON WASHINGTON
- '
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Houston First to Third
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Houston Ave. First to
Third 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. 2002-25 ( d)
Resolution At First Hearing Creating Special Assessment District
For Houston Ave. First to Third
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 26, 2002 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 26, 2002, there were 13. 54 % 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 Schweifl er and Larson
- - ---------
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 8.77% 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 Larson , Schwei fler, Shepherd, Spatar o, Warmington , Bui e , Gawron
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 26, 2002.
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 197 6.
CITY OF MUSKEGON
By tl-t Q_ i V\~
Gail A. Kundinger, Cler
EXHIBIT A
HOUSTON AVE. FROM FIRST TO THIRD
SPECIAL ASSESSMENT DISTRICT
All properties abuttiug that sectiou of Houston Ave. from First to Third
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON, Ml
~
·~
~Cl
~(j)
:.;>,.
u :2j
-
-
-
-
> HAMILTONAV ~
) < 1 ~e:'.J I I
HOUSTON AV
§Ia
I :::-/\ ~ - - _ _ ,
,--,.---,_-'MONRO~
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Houston, First to Third
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 1ST DAY OF FEBRUARY, 2002.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
~~ DAYOF ±~~ ,2002.
NOTAR
~ O,_,__,__ m . k1a,J:~,,., t·
BLIC, MUSKEGON CQUNTY, MIGIJIGAN
To Ant'I YY\ . l<('u /:::'& w s ~ i
MY COMMISSION EXPIRES S - I ~- 0 S-
-·
ENGINEERING FEASIBILITY STUDY
For
HOUSTON A VE. FROM FIRST TO THIRD
The proposed improvement, milling & resurfacing, of Houston between First & Third, see
attached location map, was initiated by the City due to the conditions of the road. The proposed
improvement consists ofremoval of3" of the existing asphalt and the placement new leveling &
top courses of asphalt in addition to the replacement of the entire curb & gutter.
A memo from the Assessor's office, which addresses the appraisal and benefit information is
attached.
The preliminary cost estimate for the work associated with paving is approximately $150,000
with the length of the project being approximately 450 lineal feet or 731 of assessable front
footage. This translates into an estimated improvement cost of $205 per assessable foot. The
assessment figure will be at a cost not to exceed $18.00 per front foot as established in the 2002
Special Assessment for this type of improvement.
_,_,
I MUSKEGON COUNTY
IM C H G A N
173 E APPLE AVE. BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
I BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
I Kenneth J. Hulka. Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
I James J. Kobza
Louis McMurray
Tony Moulatsiotis February 13, 2002
Clarence Start
1 Mohammed Al-Shatel, City Engineer
City of Muskegon
•I 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 milling and resurfacing of Houston Avenue
between First Street and Third Street. The purpose of this analysis is to
I document the reasonableness of this special assessment district by identifying
and quantifying any accrued benefits. It is subject to the normal governmental
I restrictions of escheat, taxation, police power and eminent domain. The effective
date is February 13, 2002.
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
I project. The amounts reflect the sum of the immediate estimated value
enhancement and the intrinsic value that will accrue from an overall increase in
property values due to an improved quality of life created by the proposed
I project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$18.00 appears
I reasonable in light of analysis that indicates a possible enhancement of $19 .11.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
I
I
s1~ere_Iy, Q'. ~1
J~oeneveld, CMAE 3
Senior Appraiser
I
I TOO /231 ! 722 ,/ ,UJ • An EEO AUA
recycled paper
AA Emµloy,H
Affirmative Action
'\JtnU-6'/03
.FAXn22-lal4
Aueuor
131/714-6708
FAxnl6-518l
Cemetery
131/724-6783 FEBRUARY 15, 2002
FAX/726-5617
CIYt.l Service
231/724-6716
F AX/714-4405 West Michigan's Shoreline City
Clerk
13 tnl4-6705
FAX/724-4178
Comm. & Neigh. OWNERS NAME
Services
23tnl4-6717 OWNERS ADDRESS
FAX/726-2501 MUSKEGON, Ml 49441
Engineering
231nl4-6707
FAX1727-6904
Parcel Number XX-XXX-XXXX-XX: at XXXX 1ST ST
Finance
231/724-6713
NOTICE OF HEARING ON SPECIAL ASSESSMENT
FAX/714-6768
Fire Dept, Dear Property Owner:
231/714-6792
FAX/724--6985
The Muskegon City Commission is considering whether or not to create a special
Income Tu:
231/714-6770
assessment district which would assess your property for the following paving project:
FAxn24--6768
Info, Systems
Houston. First to Third
1J1n2u1«
FAX/722-4301
The proposed special assessment district will be located as follows:
Leisure Service
231/724--6704
FAX/724-1196 All parcels abutting Houston Ave-First to Third
Manager's Office
It is proposed that a portion of the above improvement will be paid by special.
n1n24-6724 assessment against properties in the aforementioned district. Following are conditions
FAX1722-1214
of the proposed special assessment which are important to you.
Mayor's Office
l31nl<ki701
FAX/722-1214 Public Hearings
Inspection Services
23lnl4-6715 An initial public hearing to consider the creation of a special assessment district will be
FAX1726-2501
held at the City of Muskegon City Commission Chambers on FEBRUARY 26th, 2002 at
Planning/Zoning 5:30 P.M. You are encouraged to appear at this hearing, either in person. by agent or
13 lnl4--6702
FAxn24--6790 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
Police Dept.
131/724-6750 your agreement or opposition to the special assessment. This card includes the
FAxnll-5140
property identification and description, assessable footage per City policy. and the
Public Works estimated cost of the assessment. You may also appear, as above, in lieu of, or in
131nl4-4100
FAXnll-4188
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
Treuurer
1Jlnl4--6710 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
FAX/724-6768 IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
Water Blllln& Dept. OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
2Jtn1u11s
FAX/724-6768
Water Filtration
231n24-6lO<i
FAX/755-5290
City ofMnskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
-· -.
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 $150,000.00 of which
approximately 8.77% ($13,157.50) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
-·
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Houston, First to Third
Project Description: All parcels abutting Houston from East of Third to West of First
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.
Assessment Information
Property Address: 1095.0 1ST ST
Parcel Number 24-205-352-0008-00
Assessable Frontage: 33 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $594.00
Property Description
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM OPPOSED
•
_ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - -
Address Address
1
Thank you for taking the time to vote on this important issue.
CITY 01<' MUSKEGON - H 1542
HOUSTON, THIRD TO FIRST
STREET ASSESSMENT PROGRAM
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
-7
~-- =- ~,.., ~ ---~.,...... - -
~..:.:..,~. -•-·• --~~.:.--. ,, • - - • --- l • ,\ J~ ' .'' ,,' I •. - - -- •• - -
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 # _ _-_ _-_ _
ANNUAL Household Income: $. _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) ou·e _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by COBO staff)
)'~~
f?i!J:·t
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief.. The property owner's signature will be required prior to the
application being processed.
_:Q.liJilQ:,:J.lS.~O fY_~:$•/f.it
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 Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments -Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
_,
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRJCTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
1. Houston Ave., First to Third
2. Division St., Southern to Western
3. Washington, Division to Franklin
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Houston Ave. from First to Third &
• All parcels abutting Division from Southern to Western
• All parcels abutting Washington from Division to Franklin
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON February 26. 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RJGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRJTING 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 WRJTTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARJNG
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRJTING BEFORE
OR AT THE HEARJNG, YOUR RJGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: February 16, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (23 I) 724-6773
•.
-· -.
SPECIAL ASSESSMENT
HEARING DATE FEBRUARY 26th, 2002 H-1542 MILLING and RESURFACING
Houston, First to Third
24-130-200-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 30.5
933 TERRACE ST COST PER FOOT: $18.00
@221.0 HOUSTON AV MUSKEGON Ml 49443 ESTIMATED P.O. COST: I...._ _$.;,_5_4.:..c9·.:..c00:....JI
24-205-351-0007-10 LIMELIGHT RUSH LLC ASSESSABLE FEET: 66
2993 9TH ST COST PER FOOT: $18.00
@1100. 3RDST MUSKEGON HTS Ml 49444 ESTIMATED P.O. COST: I $1,188.001
24-205-351-0007-20 NELSON OSCAR C JR ASSESSABLE FEET: 33
1310 MOULTON AVE COST PER FOOT: $18.00
@238.0 HOUSTON AV N MUSKEGON Ml 49445 ESTIMATED P.O. COST: I...._ _$.;_5_94_.0_0_,I
24-205-352-0005-10 HILT LEONA TRUSTEE ASSESSABLE FEET: 33
241 W MUSKEGON COST PER FOOT: $18.00
@208.0 HOUSTON AV MUSKEGON Ml 49440 ESTIMATED P.O. cosT: ,_I_ _$.;_5_94_.o_o_,I
24-205-352-0006-00 GOKEY GEORGE A/CYNTHIA L ASSESSABLE FEET: 33
200 HOUSTON AVE COST PER FOOT: $18.00
@200.0 HOUSTON AV MUSKEGON Ml 49440 ESTIMATED P.O. cosT: l'---$'--5_94_.o_o___.l
24-205-352-0006-10 GOKEY RUTHE ASSESSABLE FEET: 33
194 HOUSTON AVE COST PER FOOT: $18.00
@194.0 HOUSTON AV MUSKEGON Ml 49441 ESTIMATED P.O. cosT: l'--_$:__5_94_.o_o___.l
2/15/02 Page 1 of 3
- ,
_,
HEARING DATE FEBRUARY 26th, 2002 H-1542 MILLING and RESURFACING
Houston, First to Third
24-205-352-0007-00 NOORDHOFF ROBERT ASSESSABLE FEET: 66
195WAPPLEAVE APT5 COST PER FOOT: $18.00
@184.0 HOUSTON AV MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $1,188.00 I
24-205-352-0008-00 VANDERZANDEN LINDA C ASSESSABLE FEET: 33
1095 1ST ST COST PER FOOT: $18.00
@ 1095. 1ST ST MUSKEGON Ml 49440 ESTIMATED P.O. COST: . _ _ I_ __;_$5c..:;9...:..:4...:..00~I
24-205-365-0001-00 BETTEN CHEVROLET INC ASSESSABLE FEET: 182.5
2474 HENRY ST COST PER FOOT: $18.00
@1144. 3RDST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,285.oo I
24-205-365-0002-00 HOLDREN MAJEL ASSESSABLE FEET: 33
189 HOUSTON AVE COST PER FOOT: $18.00
@189.0 HOUSTON AV MUSKEGON Ml 49441 ESTIMATED P.O. cosT: 1~__ $5_9_4_.o_o~I
24-205-365-0003-00 RUFF OLIVE E ASSESSABLE FEET: 33
193 HOUSTON AVE COST PER FOOT: $18.00
@199.0 HOUSTON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: .... I_ __:.$_59_4_.0_0_,I
24-205-365-0003-10 RUFF OLIVE E ASSESSABLE FEET: 33
193 HOUSTON AVE COST PER FOOT: $18.00
@193.0 HOUSTON AV MUSKEGON Ml 49441 ESTIMATED P.O. cosT: . _ _ I_ __:.$_59_4_.o_o~I
24-205-366-0001-00 FEIL ELLEN L ASSESSABLE FEET: 53.25
2474 HENRY ST COST PER FOOT: $18.00
@1116. 3RDST MUSKEGON Ml 49441 ESTIMATED P.O. cosT: .__I_ __:.$_95_8_.o_o...... l
2/15/02 Page 2 of 3
-· -·
HEARING DATE FEBRUARY 26th, 2002 H-1542 MILLING and RESURFACING
Houston, First to Third
24-205-366-0002-00 BETTEN CHEVROLET INC ASSESSABLE FEET: 11.75
2474 HENRY ST COST PER FOOT: $18.00
@1122. 3RD ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: 1~__$_2_11_.5_0_.j
24-205-366-0003-00 BETTEN CHEVROLET INC ASSESSABLE FEET: 57
2474 HENRY ST COST PER FOOT: $18.00
@1128. 3RD ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,026.00 1
SUM OF ASSESSABLE FOOTAGE: 731.00 SUM OF ESTIMATED P.O. COST: ! $13,157.50 !
TOTAL NUMBER OF ASSESSABLE PARCELS 15
PARCEL WITH $0.00 TOTAL ARE EXEMPT
2/15/02 Page 3 of 3
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Houston, First to Third
Project Description: All parcels abutting Houston from East of Third to West of First
INSTRUCTIONS
If you wish to have your written vote included as pari of the tabulation of votes for\varded 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.
Assessment Information
Property Address: 208.0 HOUSTON AVE
Parcel Number 24-205-352-0005-10
Assessable Frontage: 33 Feet RECEIVED
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $594.00
City Clerks Office
Property Description
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
Owner ..,l:...cJ"'"i""'·.c''r
... ,""L~...1""c-""A,"'",_,
_-.¥:;;;;,;e;.;.•' ......-'_'- - CoOwner/Spouse - - - - - - - - - - - - -
/f ,:;rz,,v )J/_i!_..t'
Signature •'I cl( L{f 7/ltl -4'1yf7r: C:Lu-> Signature - - - - - - - - - - - -
Address .,r-: · ' ' - = ' Address
13
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RES PONSE CARD
To have your vote count,J;> lease
Return This Card By FEBRUARY 26th, 2002
Project Title: Houston, First to Third
Project Description: All parcels abutting Houston from East of Third to West of First
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 Clt3rk'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.
Assessment Information
Property Address: 189.0 HOUSTON AVE
Parcel Number 24-205-365-0002-00
Assessable Frontage: 33 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $594.00
Property Description
Your vote COUNTS!
[+J •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owne~ Jn 4f& 'tMt.i~/ ~oOwner/Spouse _ _ _ _ _ _ w _ _ _ __
. k~ /'4¾&-.I' ~ l u , . _ , ;
Signature
Address l'i?'r ,a~- I Signature - - - - - - - - - - - - - -
Address
8
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 26th, 2002
Project Title: Houston, First to Third
Project Description: All parcels abutting Houston from East of Third to West of First
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 dcite
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.
Assessment Information
Property Address: 194.0 HOUSTON AVE
Parcel Number 24-205-352-0006-10
Assessable Frontage: 33 Feet RECEIVED
Estimated. Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $594.00
City Clerks Ottice
Property Description
Your vote COUNTS!
• g
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Gt$r/!'f,.r£ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature
Address
J?:=t~
-l{4'ef'..5J'O,V
/7' /we.
Signature
Address
10
Thank you for taking the time to vote on this important issue.
H-15H-1542 HOUSTON AVE., THIRD ST. TO FIRST ST.
PROPERTY OWNER SPECIAi ASSESSMENT RESPONSE TABll! ADON
lliI PERCENTAGE TOTAL NUMBER OF PARCELS -15
FOR OPPOSE
LETTER# PARCEL# ST# ST NAME FEET LETTER# PARCEL# ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 731.000 8 24-205-365-0002-00 189 HOUSTON 33.00 10 24-205--352-0006-10 194 HOUSTON 33.00
13 24-205--352-0005--10 208 HOUSTON 33.00
FRONT FEET OPPOSED 66,000 9.03%
RESPONDING FRONT FEET IN FAVOR 33.000 4.51%
NOT RESPONDING - FRONT FEET JN FAVOR 632.000 86.46%
TOTAL FRONT FEET IN FAVOR 665.000 90.97%
TOTALS 33.00 66.00
TABULATED AS OF: 02126/02 03:52 PM
2/26/023:53 PMTABUlATION OF THE RESPONSES TO THE SP. ASS. HEARING ON HOUSTON.xis
H-15H-1542 HOUSTON AVE., THIRD ST. TO FIRST ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EEl:I PERCENTAGE TOTAL NUMBER OF PARCELS -15
FOR OPPOSE
LETTER# PARCEL# ST# ST NAME FEET LETTER# PARCEL# ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 731.000 8 24-205-365-0002-00 189 HOUSTON 33.00 10 24-205-352-0006-10 194 HOUSTON 33.00
13 24-205-352-0005-10 208 HOUSTON 33.00
FRONT FEET OPPOSED 66.000 9.03%
RESPONDING FRONT FEET IN FAVOR 33.000 4.51%
NOT RESPONDING - FRONT FEET 1N FAVOR 632.000 86.46%
TOTAL FRONT FEET IN FAVOR 665.000 90.97%
TOTALS 33.00 66.00
TABULATED AS OF: 02126/02 03:52 PM
2/26/023:53 PMTABUlATION OF THE RESPONSES TO THE SP. ASS. HEARING ON HOUSTON.xis
Commission Meeting Date: February 28, 2002
Date: February 20, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Public Hearing Concerning 2002-2003
CDBG/HOME funding
SUMMARY OF REQUEST: To have a public hearing in order to receive
comments from the public concerning the City's Annual Community
Development Block Grant and HOME entitlement. The Community and
Neighborhood Service Department solicited proposals from the public
beginning in November of 2001. The packet that you have contains all
the proposals received by the CNS department from both outside
agencies and City departments. The City of Muskegon is scheduled to
receive $1,376,000 in CDBG funds and $137,000 in HOME funds
The purpose of this public hearing is to give an overview of the program
and to obtain comments from the public if there are any.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To have the public hearing.
COMMITTEE RECOMMENDATION: None
2002 - 2003 CDBG / HOME ACTIVITY
Community Development Block Grant City Commission
Administration Citizen District Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
1 Muskegon Community Health Project $ 5,000.00 *
"Miles for Smile Dental Services"
2 West Michigan Veterans 5,000.00 *
Veterans Assistance
3 Child Abuse Council 6,000.00 *
Waiting Room Renovation
4 HealthCare 6,453.00 *
Health screening to low-income
5 American Red Cross 5,000.00 *
Senior Transportation
6 Volunteer Muskegon 5,000.00 *
Youth Survey/Mapping
7 Volunteer Muskegon 5,000.00 *
Keep Kids in School Truancy
8 Legal Aid of Western Michigan 38,504.00 *
Counseling/Legal Education
9 Family Services Center, Inc 2,016.00 *
DAD'S
1O Oakview Neighborhood Association 4,910.62 *
Repairing of Community Center Roof
11 Higher Achievement Learning Center 25,000.00 *
At Risk Respite Care
12 Heritage Association 40,000.00 *
Boardwalk
13 Muskegon Retirement Apartment Inc 22,400.00 *
Fire Code Compliance
City Commission
Administration Citizen District Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
14 Community and Neighborhood Services 180,000.00
Paint/Siding Program
15 Fire/Inspection 155,000.00
Dangerous Building/Demolition
16 Leisure Services 60,000.00 *
Playground equipment at McCrea Park
17 Community and Neighborhood Services 200,000.00
Emergency Rehabilitation
18 Community and Economic Development 30,000.00
Faqade Improvement
19 Community and Neighborhood Services $ 189,028.00
CDBG Administration
20 Community and Neighborhood Services 120,463.00
Rehab Service Delivery
21 Leisure Services 200,000.00
Renovation Ryerson Field
22 Engineering/ CNS 50,000.00
Sidewalk Assessment Relief
23 Engineering / CNS 100,000.00
Street Assessment Relief
24 Leisure Services 90,000.00 *
Youth recreation
25 Leisure Services 100,000.00
Reesfield Parking Lot
26 Cemetery 75,000.00
Rest/awn Paving
27 Finance Dept 245,000.00
Repayment of Shoreline Dr. Bond
28 DPW 54,937.00 *
Senior Transit
Total CDBG Request 1,964,774.62
Total CDBG Allocated 1,376,000.00
Allocated/Request Difference $ (588,774.62)
Total Amt of Public Service* 375,220.62
Public SeNice mandated Amt < or= to 15% 206,400.00
Difference $ (168,820.62)
Total Amt of City Administration Request 189,028.00
Administrative mandated Amt 20% 275,200.00
Difference $ 86,172.00
HOME City Commission
Administration Citizen District Council Preliminary City Commission
Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision
1 Community and Neighborhood Services $ 125,000.00
Tax-reverted Infill
2 Community and Neighborhood Services $ 120,000.00
Tax-reverted Rehabilitation
3 Community and Neighborhood Services 100,000.00
HOME Rental Rehabilitation
4 Community and Neighborhood Services 150,000.00
HOME Infill Program
Community and Neighborhood Services 25,000.00
Demolition
5 Community and Neighborhood Services 57,100.00 ***
HOME Administration
6 Neighborhood Investment Corp
Housing Rehab, Neighborhood Imp.
123,750.00 ·~·
7 Bethany Housing Ministries, Inc 120,000.00 ****
Housing Rehabilitation
9 Trinity Village Non-Profit Housing Corp 50,300.00 ****
Single-Family Acquisition
Total Amt of HOME Request 871,150.00
HOME Allocation 137,000.00
Reprogram Funds 256,000.00
Total Amt Home Available 393,000.00
Total Amt Difference $ (478,150.00)
Total Amt of HOME Administration $ 57,100.00
Total Amt mandated= 10% $ 39,300.00
Difference (17,800.00)
Total amt of HOME CHDO request $ 294,050.00
Total Amt mandated 15% 58,950.00
Difference $ (235,100.00)
NOTE
*Public Service, **City CDBG Administration, ***HOME Administration, ****CHOO Request
Q:CNS\Common\Excel\02.03_Act
The City was to originally receive $571,000 for this fiscal yar HOME allocation, but was later informed by HUD that $434,000 is to be recaptured by HUD because the
City failed to meet its commitment obligation concerning fiscal yar 1998 funds.
Commission Meeting Date: February 26, 2002
Date: February 20, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development DepartmentCW--
RE: Contract for Payments in Lieu of Taxes For Arbors
at Jackson Hill
SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for
Arbors at Jackson Hill (currently property owned by Don Balcom- see map attached)
has been requested in accordance with Section 2-6 of the City Code of Ordinances.
Members of the Sterling Group have met with City staff, as well as members of the
Jackson Hill Neighborhood Association. Although the Association was supportive of
their project, in concept, they were not presented with the income levels for the
tenants (since those numbers were only received by the City immediately prior to the
2/12/02 Commission meeting). This item was tabled by the City Commission at the
February 12 meeting. Since that time, Sterling has modified some of their numbers
to include a larger percentage of tenants in the 60% of median income range (see
attached memo).
FINANCIAL IMPACT: Payments under the contract are recommended to be eight
percent (8%) of the highest contract rents for all eligible units, whether occupied or
not. This amount is four percent (4%) higher than our previous PILOT Agreements
for other projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staffs recommendation is for the City Commission to
make a decision on this item based on future policy regarding PILOTS.
COMMITTEE RECOMMENDATION: The City Commission Working Session
reviewed this item at their 2/11/02 meeting and had concerns with the number of 40-
45% area median income units.
' .
Commissioi11er Lars<0111
Commissioner Schweif!er
Commissi<0111er Sirnepiherd 11
iCommissioner Spat;;iro
Mayoir W'armiH11gt,m
'\fies Mayor BL'lie 0
Commis5i<QlH11er Gawron
~ lj,£., e,;vv~.,,,,J- f /~=vl v,
c;lv1,,,., a-t tiJvfa i"' (v,}-,-v1- ✓
>0,l.u,.. !kl/
- - - - ~ ---------------------
!ROll. CAlLl./ ACTION SIH!E!Eil"S
Commissione!I" Schweifler
Commissioi11<ell' Shepherd /11 V
Commissnorie!I" Spataro 5 I/
Mayor W'armi111gtoiil v'
Vice Mayor !Buie V
Commissiirm1er G.awrori V
C@mmissio!f1ler Larso111 V
Feb 6. 2002 9:03AM STERLING MANAGEMENT No 6708 P 2
Arbors at Jackson Hill Apartments
Bayou and Butler Slreots
City of Muskegon
Rent and Unit Mix Summary
Updated: Janaury 31, 2002
HUD Rents for Yeaf: 2001
Monthly
40%AMI Gross
1 Bedroom 2 Bedroom 3 Bedroom Income
Gross Allowable Rent: $438 $526 $608 1Bed = $2,632
Utility Allowance: $61 $74 $85 2Bed = $10,824
Net Rents $377 $452 $523 3 Bed= $8,352
Estimated Contract Rents $376 $451 $522 I
45%AMI
1 Bedroom 2 Bedroom 3 Bedroom
Gross Allowable Rent $493 $592 $684 ' 1 Bed= $3,448
Utility Allowance $61 $74 $85 2 Bed= $15,510
Net Rents $432 $518 $599 3 Bed• $11,960
Estimated Contract Rents $431 $517 $698
60%AMI
1 Bedroom 2 Bedroom 3 Bedroom
Gross Allowable Rent: $658 $790 $912 1 Bed= $504
Utility Allowance $61 $74 $85 2 Bed"' $3,270
Net Rents $597 $716 $827 3 Bed= $2,680
Estimated Contract Rents $504 $545 $670
Suggested Unit Mix: 40% 50% 10%
. Suggested Rent Mix: # Units 40%AMI 45%AMI 60%AMI
1 Bedroom 16 7 8 1
2 Bedroom 60 24 30 6
3 Bedroom ~ 16 20 4
Totals 116 47 58 11
Monmly Gross Income: $59,180
Annual Gross Income: $710.160
('!LOT Setvice Charge Rate: Bategf: Rate 2f· Rate of;
7% 8% 9%
Annual Service Charge $49,71.1 $56,813 $63,914
Per Unit Service Charge $429 $490 $551
*Based in 100% Occupancy at Estimated Contarct Rents
~----..
"~~
STERLING DEVELOPMENT REQUEST FOR PILOT
CITY OF MUSKEGON, MICHIGAN
N
- \ W\ I_J
I w E
g
--'-
.¾-"t' q<Jc-
)
tl ~;f.-
ciJ'
·~.
..
,..
the legal description for the Sterling Group property:
JHAT PART OF BLOCKS 4, 5 AND 127, OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID BLOCK 4 FOR POINT OF BEGINNING; THENCE SOUTH
00°15'08" EAST ALONG THE EAST LINE OF SAID BLOCK 4 A DISTANCE OF 142.74 FEET; THENCE SOUTH 71°23'30" WEST 173.32 FEET
(RECORDED AS 173.53 FEET) TO A POINT 197.97 FEET SOUTH OF THE NORTHWEST CORNER OF SAID BLOCK 4, TO THE LINE BETWEEN
SAID BLOCKS 4 AND 5; THENCE SOUTH 00°15'37" EAST ALONG SAID BLOCK LINE 303.19 FEET TO THE SOUTHEAST CORNER OF SAID
BLOCK 5; THENCE SOUTH 89°58'53" WEST ALONG THE SOUTH LINE OF SAID BLOCK 5 A DISTANCE OF 460.29 FEET; THENCE NORTH 00°
05'00" WEST, PARALLEL TO THE EAST LINE OF WOOD STREET, 100.00 FEET; THENCE SOUTH 89°58'53" WEST 660.00 FEET TO THE EAST
LINE OF WOOD STREET; THENCE NORTH 00°05'00" WEST ALONG SAID EAST LINE 34.84 FEET TO THE NORTH LINE OF BUTLER STREET;
THENCE NORTH 65°30'30" WEST ALONG SAID NORTH LINE 18.16 FEET TO THE CENTERLINE OF THE VACATED PORTION OF WOOD
STEET, AS RECORDED IN UBER 1578, PAGE 340, MUSKEGON COUNTY RECORDS; THENCE NORTH 00°05'00" WEST ALONG SAID
CENTERLINE 226.59 FEET; THENCE SOUTH 89°55'00" WEST 16.50 FEET TO A POINT ON THE EAST LINE OF LOT 9 OF SAID BLOCK 127
AND THE EXTENSION OF THE LINE BETWEEN LOTS 3 AND 4 OF SAID BLOCK 127, THROUGH SAID LOT 9 OF SAID BLOCK; THENCE
NORTH 65°48'50" WEST ALONG THE EXTENSION OF SAID LOT LINE 46.04 FEET TO THE CENTERLINE OF THE 20 FOOT VACATED ALLEY,
RECORDED IN UBER 1460, PAGE 40, LYING IN SAID BLOCK 127; THENCE NORTH 23°56'00" EAST ALONG SAID CENTERLINE 198.97 FEET
TO THE SOUTHERLY LINE OF BAYOU STREET; THENCE SOUTH 66°07'09" EAST ALONG SAID SOUTHERLY LINE 169.40 FEET TO THE
NORTH LINE OF SAID BLOCK 5; THENCE NORTH 89°58'24" EAST ALONG SAID NORTH LINE 1122.48 FEET TO POINT OF BEGINNING.
CONTAINING 12.39 ACRES.
r
1
Ul/J.L/V:i,;; llW J./;.J...L rtt.A ..I. l•..M .J~I VUt'II L.Vl~U o,u.u::,1' °' .1 .1.:,nnvr r
LONG, BAKER 8t TISHKOF"F' LLP
ATTORNEYS AT LAW
320 NORTH MAIN STf':lt!:~T
5-IJITE 100
PETER A. LON~ 'TE:LE:F>HONE
ANN ARe!OR. f,,ilCHIGAN 48104
eASJt.. A. BAKl?R (73..U 61S3-&111
WIL.LIAM G. "l'ISHKOf'F J'ACSIMILE
(7.al4J 327 .. 0&'l.4
FAX COVER SHEET
This facsimile contains PRlVlLEGECi AND CONFIDENTIAL INFORMATION intended only for the use
of the addressee(s) named below. If you are not the Intended recipient, you are hereby
notified that any dissemination 'Or copying of this facsimile ls strictly prohibited. If you have
received tlris facsi.mile In error, please immediately notify us by telephone and return the
original facsimile to us at the above address via the U.S. Postal SerV'ice. Thank you.
PLEASE DELIVER TO: FAX TELEPHONE NUMBER:
Thomas Johnson, Esq 231. 722. 7866
Cathy Brubaker-Clarke 231. 724. 6790
FROM: Pete Long DATE: 1-31-02 (Thu)
Facsimile No: 734/ 327..:0974 RE: Arbors/Jackson Hill Muskeaon -
Cover Page Plus 3 Pages HARD COPY TO FOLLOW: Yes No
COMMENTS:
Tom/Cathy:
Please.find faxed herewith ~draft Agreement for Housing
Exemption. I patterned it after ones which r believe have
been found satisfactory, as to form previously. Following
your review, please feel free to contact me at your con-
venience with any questions, comments, etc.
Pete L o n ~
Memorandum
To: Honorable Mayor and City Commission
CC: Bryon Mazade, City Manager
From: Cathy Brubaker-Clarke, Director of Community & Economic Development'(;~(_;
Date: 02/20/02
Re: Sterling Development LLC- PILOT
Since the last City Commission meeting, staff has received a revised chart for
"intended rents and income limits" for the development of Arbors at Jackson
Hill. The number of units at 40% of area median income has decreased from
41'1/oto 21%, the number of units at 45% of median income remains the same
af50%.,,and the number of units at 60 % has increased from 9% to 30%. In
a'ddition; the total number of units has decreased from 116 to 104.
thedey,ejopers of this project have informed me that they intend to proceed
\r\/ith the project if they are not granted a PILOT from the City. If they are not
gr;;111tE!da PILOT, they plan to apply for the MSHDA tax-credits and submit with
a\j(ei:tter number of 40-45% of median income units. Apparently, they will
reCeive additional points form MSHDA for this, although they will have to forego
the points they would have received with a PILOT designation. I have verified
with MSHDA that this is possible (in which case they would need no
authorization from the City to proceed). Of course, without the PILOT, Sterling
would have to make the financial package work for the development.
Since there are several PILOT possibilities at this time, staff is not making a
recommendation on this development. It appears to be the lowest income mix
of the projects we are currently working on, which is a cause for concern. On
the other hand, it is also cause for concern if the developer proceeds with the
project with even lower income ratios.
1
51tHLING MANAGtMtNI NO, /J~D P, I/ I
feb.11, 1UU1 J:/H~M
Slldin1 Sterling Development LLC
:moo 'Edison Lakes ParlnYay, Phone: (219):24.a•!3647
IIRlllfflill llrl: Suite 201, .Mishawalta, lN 46545 FA~: (219) 2<,.8562
email! jpv0.nmeete~thostecl.lnggrp.com
To: Cathy Brubaker Clarke
@Fax: (231) 724-6790
From: John VanMeoter
Dale: Wednesday, February 27, 2002@ 2:45 P.M.
Re: Income and Rents for Arbors at Jackson Hill
P•ges: l, including this
Cathy,
The following shoutd represent our intended rents and income limits for the development
Arbors at Jackson Hill. If you should have any questions, please don't hesitate to conta~t 1,ent or
I at yout conv~rnienee.
40% Area Median Oncome
Rents income limit family Size
1 Bedrooms 3 units $376 $17,160-19,600 1-2 People
2 Bedrooms 11 units $451 $19,600-22,080 2-3 People
3 Bedrooms 7 units $522 $22,080.$26,480 3-5 People
45% Area Median Income
Rents Income limit Fqmilv Size
1 Bedroom 8 units $431 $19,305-22,050 1-2 People
2 Bedroom 26 units $517 $22,050-24,840 2-3 People
3 Bedroom 18 units $598 $24,840,29,790 3-5 People
150% Arna 11/ledl,1<1 Income
Rents Income limit Family Size
l Bedroom 5 units $504 $25,740-29,400 1-2 People
2 Bedroom 15 units $545 $29,400,3$,120 2-3 People
3 Bedroom 11 units $670 $33, 120-39, 720 3-5 People
CITY OF MUSKEGON
2002-27(a)
AGREEMENT FOR HOUSING EXEMPTION
THIS AGREEMENT between THE STERLING GROUP ("Sponsor"), 3900 Edison Lakes Parkway, Suite 201,
Mishawaka, Indiana 46546-2008 and CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon, Michigan is made
pursuant to the following terms:
Recitals:
A. Sponsor has acquired the option to purchase a site in the City of Muskegon for the construction of a
proposed low income housing project as defined in City Ordinance 2-6(e)(3) (the "Project").
B. Sponsor is forming a limited dividend housing association limited partnership to function as owner of the
proposed low-income housing project, such entity to be known as ARBORS AT JACKSON HILL LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP.
C. The City encourages construction and financing of the said low income housing project, to be known as
the Arbors at Jackson Hill development.
D. To further enable and encourage the construction of the housing project, Sponsor and the City enter into
this agreement.
E. The legal description and floor plan of the Project is set forth in attached Exhibit A ..
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts of 1966, the State
Housing Development Act ("Act"), the City hereby grants an exemption from all property taxes attributable to that portion
of the Project which consists of rental units offered to low income persons and families as defined by the Michigan State
Housing Development Authority ("MSHDA").
2. Term of Exemption. This exemption shall continue for the period of time the housing units remain
subject to income and rent restrictions pursuant to Section 42 of the Internal Revenue Service Code of 1986, as amend-
ed ("Code") or any MSHDA Regulatory Agreement but not to exceed 25 years. The City agrees to be contractually
bound by this Agreement to honor the exempt status of the proposed Project as provided therein and in this Agreement
for the entire period during which the Project is financed by a loan made by MSHDA or receives low income housing tax
credits under Section 42 of the Code; provided, that the said loan or a loan originally financed by the low income housing
tax credits continues outstanding and not in default as more particularly set forth in Section 2-6 subsection (2) of the
Ordinance not to exceed 25 years.
3. Responsibilities of the Sponsor.
3.1 The Sponsor shall pay the service charge and payment in lieu of taxes set forth in Section 2-6(1) of the
Ordinance in a timely manner (on or before July 1 of each year during the time the exemption is in effect). For said
purposes the Sponsor recognizes and will abide by all of the collection provisions of the Ordinance, including without
limitation the acceptance of the lien provisions status of the payment in lieu of taxes in the event of default as set forth in
2-6(h), (i), and U) of the Ordinance. The service charge shall equal eight percent (8%) of the contract rents charged for
the total of all units in the exempt housing project, whether the units are occupied or not and whether or not the rents are
paid.
3.2 The Sponsor agrees to file all information required by the ordinance and further to meet its obligations to
the MSHDA in connection with the MSHDA's administration of the low income housing tax credit program.
4. Term. This Agreement shall continue in effect for the entire period of eligibility for the exemption as set
forth in the Ordinance. The City considers itself bound by this Agreement for the entire term hereof.
5. Interpretation of Financing. The City agrees that the financing of the mortgage by the use of tax
credits constitutes financing of the loan by MSHDA in fulfillment of the requirements of Section 2-6(e)(3) of the Ordinance.
6. Third Party Beneficiary. This Agreement shall benefit the parties named, including the limited dividend
housing association limited partnership to be formed, and further shall benefit the MSHDA, or such other mortgagee as
may have financed the housing project, which may enforce this agreement, both as their interests may appear, and on
behalf of the Sponsor and its successors and assigns. No other party is a beneficiary of this Agreement.
7. Counterparts. This Agreement may be executed in several counterparts and an executed copy hereof
may be relied upon as an original.
8. Binding and Benefit. This Agreement shall be binding upon the parties hereto and their respective
heirs, administrators, personal representatives, successors and assigns.
9. Effective Date. The effective date of this Agreement is January 1 of the calendar year which follows the
year in which the completion of construction is achieved, as evidenced by the issuance of a final certificate of occupancy
by the City of Muskegon.
10. Compliance with Ordinance. This Agreement is intended to, and does in all material respects comply
with City of Muskegon Ordinance No. 1107, being Section 2-6 of the Code of Ordinances of the City.
IN WITNESS WHEREOF the parties have signed this Agreement on the date indicated below.
DATED: tllar ch /~ o?m.J y:
Its: Mayo
DATED: /l&ie-J, /J, J,002 I
By:
L
Its: Clerk
THE STERLING GROUP
DATED: _ _).;_1/'_'f.
_'A _<>i_, _
~if Its: Authorized Signatory
2
ARBORS AT JACKSON HILL
LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PART-
NERSHIP, a Michigan limited
partnership to be formed
Arbors at Jackson Hill LLC,
a Michigan limited liability
company to be formed,
General Partner
DATED: --~'-y'l_'11.,_~_"Z--
_ __
:,-.-.-.,,,,,,,.i;-.;e;';'r,•Manager and Authorized
Signatory
3
Exhibit A to Agreement for
Housing Exemption
LEGAL DESCRIPTION
AND
FLOOR PLANS
4
DESCRIPTION:
That part of Blocks 4, 5 and 127, of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan described
as follows: Commence at the Northeast corner of said Block 4 for POINT OF BEGINNING; thence South 00°15'08" East along
the East line of said Block 4 a distance of 142.74 feet; thence South 71°23'30" West 173.32 feet (recorded as 173.53 feet) to
a point 197.97 feet South of the Northwest corner of said Block 4, to the line between said Blocks 4 and 5; thence South
00°15'37" East along said Block line 303.19 feet to the Southeast corner of said Block 5; thence South 89°58'53" West along
the South line of said Block 5 a distance of 460.29 feet; thence North 00°05'00" West, parallel to the East line of Wood
Street, 100.00 feet; thence South 89°58'53" West 660.00 feet to the East line of Wood Street; thence North 00°05'00" West
along said East line 34.84 feet to the North line of Butler Street; thence North 65°30'30" West along said North line 18.16 feet
to the centerline of the vacated portion of Wood Street, as recorded in Uber 1578, Page 340, Muskegon County Records;
thence North 00°05'00" West along said centerline 226.59 feet; thence South 89°55'00" West 16.50 feet to a point on the East
line of Lot 9 of said Block 127 and the extension of the line between Lots 3 and 4 of said Block 127, through said Lot 9 of
said Block; thence North 65°48'50" West along the extension of said Lot line 46.04 feet to the centerline of the 20 foot
vacated alley, recorded in Uber 1460, Page 40, lying in said Block 127; thence North 23°56'00" East along said centerline
198.97 feet to the Southerly line of Bayou Street; thence South 66°07'09" East along said Southerly line 169.40 feet to the
North line of said Block 5 ; thence North 89°58'24" East along said North line 1122.48 feet to Point of Beginning. Containing
12.39 acres. ·
:¢: - PROPOSED LIGHTING IS PROVIDED ON
25 FT. POLE W/SHOEBOX FIXTURES
;,r._ ,( - PROPOSED WALL-PAK LIGHTING
. '<'-
' ·-; .._
_,;_;_;;,
'22.48' ····-
,"f....
-,'.'_i- :0)
I~
----- ---:_---.
.d'.'.--.
-"''"'··
•. -.... __ -
,~
I
I~
II
Commission Meeting Date: February 26, 2002
Date: February 19, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c(?;C..
RE: Finlay Housing Proposal
SUMMARY OF REQUEST: Craig Jeup from Finlay Properties, Inc. has been
working with City Staff for several months on a possible housing development
in Jackson Hill. Mr. Jeup is interested in purchasing several lots from the City
of Muskegon which are located above the Smith Ryerson Park. He is planning
to develop approximately 40 senior citizen units, which will be duplexes,
triplexes and/or fourplexes. Mr. Jeup will be requesting a PILOT for the
project, which will come before the Commission in March. Also, Mr. Jeup has
met with the Jackson Hill Neighborhood Association and they are supp01tive of
the project. The project is consistent with the Jackson Hill Housing Plan, which
was developed over two years ago. The Plan anticipated multi-family in this
area. The neighborhood was also interested in having senior housing in their
neighborhood for their existing residents, as they become interested in moving
from their single-family homes into apmtment-style living. The request before
the Commission is to authorize staff to continue working with the developer as
he attempts to secure land control of the site (see attached outline).
FINANCIAL IMPACT: None at this time (in the next few weeks the developer
will be requesting a PILOT, also the City would receive revenue from the sale
of the lots).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to continue working with
the developer on land control and the PILOT application.
Memorandum
To: Honorable Mayor and City Connnission
CC: Bryon Mazade, City Manager
From: Cathy Brubaker-Clarke, Director of Community & Economic Development cf¼.-
Date: 02/20/02
Re: Finlay Housing Development
Staff has been working with Mr. Jeup for several months on his proposed
development for senior housing in the Jackson Hill Neighborhood. He has met
with the Jackson Hill Neighborhood Association and he has continued to refine
his plans over the last few months (working closely with Staff and members of
the Neighborhood Association). Due to the length of time this has taken, he is
now on a short timeline, as his Michigan State Housing Development
Association (MSHDA) Tax Credit request is due on March 15, 2002.
Mr. Jeup met with the Jackson Hill Neighborhood Association in January and
received support from them. Several residents were particularly interested in
the development since it is something they may be able to move into when they
can no longer maintain their own current single-family home (or they have
relatives in this position). Mr. Jeup also met with some of the residents more
recently to visit the site.
In order for the project to move forward, Finlay Properties, Inc. needs site
control since the property they are interested in is City owned, it is necessary
for them to seek an option on the property. As such, the following process is
proposed:
February 26 Present project (as it pertains to the land use) to LRC
February 26 Consideration by City Commission to Proceed
February 27 Order appraisal on property*
March 7 Receive appraisal for property
1
February 20, 2002
March 12 Present PILOT Contract and Option for Purchase of
Property (based on appraisal) to City Commission for
Approval
March 15 Finlay Development submits Tax-Credit Application to
MSHDA for Approval
* Although the City generally requests bids for property
sales, it is not necessary to do so. If the Commission is
supportive of this project, Staff recommends not seeking
bids, due to the time constraints, and the consensus that
Commission desires to see this project proceed.
At this time, Finlay is requesting an option on the property for purposes of
property control. The developer does not need to own the property until
approval is received for the tax-credits. The option would be valid for six
months, which gives the developer time to receive an answer from MSHDA
regarding the tax-credits.
2
?J § --- -
- -~-- -, ,-1_- i-~=
--=-----,_--_-- _[ J - J __ *-
11 j~ - _-_-_ -
--_[_[:1-J]_-__ 1-~ -~f~_ -
J iS"3010~ --
IL_T1:]T 1---11: JJTIJ ]
•11fl•l11--- --Lt'r
,__ -•••---
"'• -- l ---------
--:_-_[_-_J~J _____ ••••• • 111 - - ~ 1111., ~
-7
- -- -
__ J -I •:
••1111•••1lll•••
_ _ l~N3cl\f78ll\J
[ J-] •'• ~ - a
•~-
1.••• .!ll.11111•,
-=--
- - ,<<ti
----- .ts "In -- •
_--~T-J--1_]_11- - _I
l •
__ J~L3J-~-= I
-- ---[_-_-= -
i----------
>
~
--,
-=-~-_:-:::: --=- -=- =- _::::-__:_-= =---=-
~
0::
UJ
z
FINLAY PROPERTIES, INC.
REAL ESTATE INVESTMENT, DEVELOPMENT & MANAGEMENT
February 19, 2002
Clara Shephard
Commissioner
City of Muskegon
Muskegon, MI
Dear Ms. Shephard:
This letter will act as a commitment from Finlay Development, Inc. to the Jackson Hill
Neighborhood Association and the residents of Jackson Hill, to if necessary, create an
easement on the southwest comer of the property line overlooking the park, of the site
located between McLaren St. and Alva St., further identified by parcel# 6!-24-205-020-
0008-00. This easement will be large enough to incorporate the use of the hill
overlooking the park, for youth activity, and separate it from the projected community.
It is understood that Finlay Development will work closely with the Jackson Hill
Neighborhood Association to determine the actual easement boundaries in order to create
a safe recreational environment while enabling Finlay Development the opportunity to
meet its objective of a minimum of 40 age restricted tri-plex homes.
Should you have any questions please don't hesitate to call.
Sincerely,
t-rGr
Craig T.1eup .
Vice President/ Acquisitions
4300 MARSH LANDING BLVD., JACKSONVILLE BEACH, FL 32250 (PH) 904-280-1000 (FAX) 904-280-9993
Mr. Craig T. Jeup
Finlay Properties, Inc.
Vice President/ Acquisitions
At the Jackson Hill Neighborhood Association meeting, January 15,
2002, Mr. Craig T Jeup, Vice President of Acquisitions informed the
property owners and residents of the neighborhood that his
company, Finlay Development Corporation is planning to request re-
zoning at McLaren St. and Wesley Avenue from R-1, Single Family
Residential and O.S.R (open space recreation) to either RT, Two
Family Residential or RM-1, Low Density Multiple Family Residential.
Twelve (12) people who attended the meeting were contacted by
telephone and were asked if they supported the plan to build multiple
family dwellings. The twelve (12) in attendance said that they
supported the development. However, Finlay Development, Inc. has
made a commitment to the Jackson Hill Neighborhood Association
and the residents of Jackson Hill to, if necessary, create an easement
on the southwest corner of the property line overlooking the park of
the site located between McLaren St. and Alva St. (further identified
as parcel #61-24-205-020-0008-00). This easement will be large
enough to incorporate the use of the hill overlooking the park for
youth activity and separate it from the projected community.
U~#'~CJ✓
Calvin M. Rucks, Persident
Jackson Hill Neighborhood Association
I[
FNLAY is a national real estate investment and
development fi rm. Established in I 980, the organization
is comprised of a group of closely related compan ies
that invest in, develop, construct and manage multifamily
housing throughou t the United States.
Specializ ing in the federal tax cre<;lit program , the
company is committed to providing quality,
affordable housing for fami lies as well as for seniors.
In recognition of this commitment, the National Council
on Senior Housing of the National Association of
Home Builders awarded Finlay its Silver Seal for
"Best in Affordable Housing."
The Finlay companies include Finlay Properties, Inc.;
Finlay Construction, Inc.; and Finlay Real Estate Services, Inc.
CORPORATE H EADQUAR TERS
4300 Marsh Landing Boulevard, Jacksonville Beach , Florida 32250
904-280-1000 (telephone) 904-280-9993 (facsimile)
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Proposals for
Engineering Services on: Seaway Industrial Park
SUMMARY OF REQUEST:
To enter into an engineering services agreement with Prien & Newhof to perform the
necessary design and construction engineering on the proposed Seaway Industrial Park at
a not-to-exceed cost of $70,730.00. The selection of P & N was based on the following
factors;
1. Their past work experience with the City on similarly funded project (Roberts)
2. Their proposal cost (see attached tabulation) which takes into account the layout and
survey descriptions of the parcels within.
3. The hourly rates and number of hrs. seems reasonable.
FINANCIAL IMPACT:
The cost for the engineering services would be from the City's Major, Local, Water & Sewer
fund as well as the EDA grant.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into an engineering agreement with Prien & Newhof to provide engineering services
(design & construction) for the Seaway Industrial Park.
PROPOSALS TABULATION FOR THE ENGINEERING SERVICES ON: SEAWAY INDUSTRIAL PARK
RATE PER CONSTRUCTION CONSTRUCTION RATE PER HR
DESIGN DESIGN
HR HR. ENG. COST (CONSTR.) TOTAL COST
HR. COST
FIRM (DESIGN)
FLEIS & VANDENBRINK 576 $33,782.40 $58.65 842 $52,498.94 $62.35 $86,281.34
PREIN & NEWHOF 470 $29,330.00 $62.40 776 $41,400.00 $53.35 $70,730.00 INCLUDES $10,000 FOR LOT LAYOUT
DRIESENGA & ASSOCIATES 569 $44,425.00 $78.08 913 $53,890.00 $59.03 $98,315.00
Westshore Engineering 372 $26,386.30 $70.93 899.75 $38,676.37 $42.99 $65,062.67
OMM 360 $27,029.00 $75.08 624 $37,956.25 $60.83 $64,985.25
02/20/2002
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Notice of Intent Resolution 2002 Special Assessment Bonds
SUMMARY OF REQUEST: The City is in the midst of an aggressive citywide
sidewalk improvement program. To finance the up front costs, it is periodically necessary to
issue special assessment bonds. These bonds will be paid from special assessments levied
against benefiting property owners. The first step in the borrowing process is adoption a
Notice of Intent Resolution which notifies citizens of the City's intent to borrow and allows for
a 45-day period during which petitions could be filed to force a referendum on the issue.
FINANCIAL IMPACT: The only immediate financial impact is the costs of publishing
the Notice of Intent in the Chronicle.
The attached resolution indicates the City may borrow up to $1,500,000; the actual amount
will be considerably less. The bonds will be paid from special assessments over 10 years
and will carry, as a secondary pledge, the City's limited full faith and credit. This means that if
special assessment income falls short of the amount needed to make annual debt service
payments, the City's General Fund will be required to make up the shortfall.
If bonds are issued, the full financial impact will not be known until bonds are sold and interest
rates determined.
BUDGET ACTION REQUIRED: None at this time. The annual debt service costs
will be budgeted in future years as well until the bonds are retired.
STAFF RECOMMENDATION: Approval of the attached notice of intent resolution.
COMMITTEE RECOMMENDATION: None.
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller Detroit• Gratid Rapids
MILLER Howell • Kalamazoo
Lansing• Monroe • Troy
CANFIELD
MILLER, CANFIELD, PADDOCK AND STONE, P.L.c.
New York, N.Y.
Washington, D.C.
CANADA: Windsor, ON
1852-2002
POLAND: Gdynia
Katowice• Warsaw
150 West Jefferson, Suite 2500 AFFILJA TED OFFICE:
JOELL. PIELL Detroit, Michigan 48226 Pensacola, FL
TEL: (313) 496-7518 TEL: (313) 963-6420
FAX: (313) 496-8450 FAX: (313) 496-7500
E~MAIL: piell@millcrcanficld.com
www.millercanfield.com
February 15, 2002
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536 Via Overnight Delivery
Dear Tim:
Please find herewith enclosed a proposed form of resolution respecting the City's
2002 sidewalk improvement program. This is the customary notice of intent resolution and
as you will recall the notice of intent found within the resolution must be published once in
the Muskegon Chronicle as a display ad talon u no less than one-quaiier of the page upon
}r
which the notice appears. 1e pnnt should be in large point type. {'1Tj
I!Ir/tic.
I would ask that you return three ce1iified copies of the resolution to me along with ?kh.)<:.
three affidavits of its publication. hi .ire
When assembled, I would ask you to send the transcript of proceedings for the special
assessments so that I can begin the process ofreviewing same.
Should you have any questions concerning this, please do not hesitate to contact me.
Very truly yours,
Joel L. Piell
Enclosure (wldisk)
cc: Mr. Warren M. Creamer, III (w/enclosure)
DELIB :22987 55.l\099999-90001
NOTICE OF INTENT RESOLUTION
2002-28(c)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County
of Muskegon, Michigan (the "City") held on February 26, 2002, at 5:30 o'clock p.m., Eastern
Standard Time.
PRESENT: Members Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie awron
ABSENT: Members None
-~ =-------------------
The following preamble and resolution were offered by Member ~L~a~r=so~n~----
'!!
~ and supported by Member -=Sp=a=t=a~r=o_ _ __
Q
~
ii WHEREAS, the City Commission of the City intends to authorize the issuance of special
assessment bonds for the purpose of defraying part of special assessment districts· share of the
~
,~ cost in connection with certain public improvements in the City;
AND WHEREAS, notice of intent to issue bonds must be published at least forty-five
(45) days before the issuance of the same in order to comply with the requirements of Section
5(g) of Act 279, Public Acts of Michigan, 1909, as amended;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue bonds in the Muskegon Chronicle, a newspaper of general circulation in the City, as a
display advertisement at least one-quarter page in size.
2. Said notice of intent so published shall be in substantially the following form:
OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS
OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, County of
Muskegon, Michigan, intends to issue special assessment bonds of the City, in total principal
amount of not to exceed $1,500,000 for the purpose of defraying part of special assessment
districts' share of the cost of sidewalk and related improvements in the City. Said bonds shall
mature serially in not to exceed twenty (20) annual installments with interest payable on the
unpaid balance at a rate of not to exceed 8% per annum or such higher rate as may be permitted
by law.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall
be payable primarily from collections of an equal amount of special assessments and the bonds
'.J shall also pledge the limited tax full faith and credit of the City of Muskegon.
~
.,;
~ IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE
I
~ PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE
GENERAL FUNDS OF THE CITY LAWFULL y AVAILABLE FOR SUCH PURPOSE.
M
RIGHT OF REFERENDUM
~
" THE BONDS will be issued without vote of the electors unless a PETITION requesting
i an election on the question of issuing either or both series of bonds, signed by not less than I 0%
OF THE REGISTERED ELECTORS in the City, or 15,000, whichever is the lesser, is filed
with the City by depositing with the City Clerk WITHIN FORTY-FIVE (45) DAYS after
publication of this notice. If such a petition is filed, the bonds affected cannot be issued without
an approving vote by a majority of electors voting on the question.
THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public
Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this
notice may be secured from the City Clerk's office.
Gail Kundinger
City Clerk
-2-
3. The City Commission does hereby determine that the foregoing form of notice of _
intent to issue bonds and the manner of publication directed is adequate notice to the electors·
and taxpaye~s _o_f th~_Ci!Y an_1 j~ well -~alct1lated to inform them of the intention of the City to
issue the bonds, the purpose of the bond issues, the security for the bonds, and the right of _
referendum of the electors with respect thereto under all of the circumstances, and that the
provision of fortifive ( 45) days within which to file a referendum petition is necessary and
adequate to insure that the City's electors may exercise their right of referendum with respect to
the bonds.
4. The City Clerk or Finance Director be and are each hereby authorized to file a
~
~ Notice oflntent to Issue an Obligation along with the appropriate filing fee with the Michigan
z
0
~
z
<( Department of Treasury or to file for approval with the Michigan Department of Treasury.
~
·~ 5. All resolutions and parts of resolutions insofar as they conflict with the provisions
g
w
u:
z
j of this resolution be and the same hereby are _rescinded.
"'
~
...J
~
AYES: Members ----=B=ui=·e"----'1'--------"'G=aw=r:....:o=n:....i,--=-La=r:...:s"""o=n:..i.,_S=c=h=w=e=if::...:l=e=r_,,c........::::S=he=p=h=e=r-=d_,_,_ __
Spataro, Warmington
NAYS: Members - --'-'-"'-'--'--""-------
None
--------------
RESOLUTION DECLARED ADOPTED.
-3-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on February 26, 2002, and that said meeting was conducted and public
notice of meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
LO_L-~~
. City Clerk
<.i
_j
n:
uj
z
~ -- - - - - --
0
z
"'
o
0
~
~
u::
~ DEL!B:2298619. I \000000-00000
ffi
::I
::i
-4-
933 Terrace Street
Muskegon, Ml 49440
OFFICE 231-724-6705
FAX 231-724-4178 .
C'::it\;h
__ ,
f ll_ If-: ,}_;,s;.,
-"''JI o-= -11.w-1.UJSKegoD..
CJ.~rk"s Office.
FaxO:Jva-Srm:
To:. Uwn 11/4Jlt!l From:~ ~
Fax: Pages: ;)__
Phone: Date: oZ-c2J-() :2., ·
Re: CC:
• Urgent • For Review • Please Comment • Please Reply • Please Recycle
/J!~ 0 µo2-J
~ 0., ~ ~ ~ , LA-/1 ~~
~ ~ - ~ at -tJ-,.
~ -ff,< ~ ~·
&-e_ ~ ~ ~ ~·
r~,
~
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Deparhnent
(231)724-6783
FAX: (231)72fi...5617
City Manager
(231 )724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)7244178
Community and March 18, 2002
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info,
Systems Mr. Joel L. Piell
(231)724-6744
FAX: (231)722-4301 Miller, Canfield, Paddock
& Stone, P.L.C.
Engineering Dept.
(231)724-6707 150 West Jefferson, Suite 2500
FAX: (231)727-6904 Detroit, MI 48226
Finance Dept.
(231)724-6713
FAX: (231)724-6768
Dear Mr. Piell:
Fire Department
(231)724-6792 Enclosed are three resolutions and affidavits of publication reference the City's
FAX: (231)724-6985 2002 sidewalk improvement program.
Income TH
(231)724-6770 Thank you,
FAX: (231)724-6768
Inspection Services
(231 )724-6715
FAX: (231)728-4371
Leisure Services Linda Potter
(231)724-6704 Deputy City Clerk
FAX: (231)724-1196
Mayor's Office
(231)724-6701
Enc.
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Po Ike Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724--6768
Water Billing Dept.
(231)724-6718
FAX: (231)724--6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
www.shorelinecity.com
Date: February 26, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Final Amendments to 2001 Budget
SUMMARY OF REQUEST: Adoption of the attached year-end amendments to the
City's 2001 Budget to assure compliance with the State Uniform Budget Act. This act
requires that budgets for "governmental-type" funds (i.e. general fund, special revenue funds,
and debt service funds) be amended so that expenditures are not reported in the City's audit
as exceeding legal appropriations.
FINANCIAL IMPACT: These budget amendments establish the final 2001 authorized
revenue estimates and spending limits for the various City departments and funds. The
attached schedule shows how the amended budget varies from the original budget (and
subsequent budget reforecasts) previously approved by the City Commission.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval. ·
COMMITTEE RECOMMENDATION: None.
9/18/97
CITY OF MUSKEGON
GENERAL FUND
HISTORICAL SUMMARY
Revenues & Expenditures & Fund Balance
Year Transfers In Transfers Out at Year-End
1992 $ 11,297,076 $ 11,282,444 $ 1,538,372
1993 13,990,266 13,231,208 2,297,430
1994 15,301,973 15,572,689 2,026,714
1995 16,633,179 16,337,586 2,322,307
1996 17,666,214 18,018,159 1,970,362
1997 20,437,646 20,358,321 2,049,687
1998 21,643,855 21,634,467 2,059,075
1999 21,451,681 22,011,881 1,498,875
2000 23,685,516 22,232,657 2,951,734
2001 23,410,999 23,137,323 3,225,410
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Revenue Summary By Source
Last Budget Change From
Original Budget Reforecast Actual Thru Final Amended Latest
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Reforecast
Available Fund Balance - BOY $ 2,059,875 $ 1,498,875 $ 2,280,546 $ 2,951,735 $ 2,951,735 $ 2,951,735 $ 671,189
Taxes
City income tax $ 6,425,149 $ 7,078,571 $ 7,000,000 $ 6,900,000 $ 6,800,440 $ 6,800,400 $ (99,600)
Property taxes - general 3,601,411 3,686,780 3,967,591 3,967,591 3,940,343 3,940,300 (27,291)
Property taxes - sanitation 1,489,818 1,630,491 1,680,226 1,680,226 1,670,955 1,670,900 (9,326)
Property taxes - pass-thru from LDFA II
Industrial facilities taxes 353,151 362,676 405,000 365,000 353,742 353,700 (11,300)
Payments in lieu of taxes 71,608 69,148 80,000 80,000 75,758 75,700 (4,300)
Delinquent chargeback collected 19,886 3,769 10,000 10,000 17,514 17,500 7,500
$ 11,961,023 $ 12,831,435 $ 13,142,817 $ 13,002,817 $ 12,858,752 $ 12,858,500 $ (144,317)
Licenses and permits
Business licenses $ 25,008 $ 32,363 $ 45,000 $ 37,000 $ 31,239 $ 31,200 $ (5,800)
Liquor licenses 28,458 35,511 35,000 35,000 36,427 36,400 1,400
Cable TV franchise fees 338,325 327,004 250,000 250,000 218,519 218,500 (31,500)
Housing licenses 66,147 62,965 115,000 68,000 66,126 66,100 (1,900)
Burial permits 94,955 104,160 100,000 100,000 98,735 98,700 (1,300)
Building permits 285,865 368,333 250,000 250,000 333,798 333,700 83,700
Electrical permits 77,375 87,692 75,000 75,000 127,055 127,000 52,000
Plumbing permits 38,448 45,147 45,000 35,000 48,863 48,800 13,800
Heating permits 57,326 62,847 70,000 45,000 65,495 65,400 20,400
Franchise fees 1,100 2,000 1,000 (1,000)
Police gun registration 3,870 1,879 4,000 1,275 2,040 2,000 725
$ 1,015,777 $ 1,129,001 $ 991,000 $ 897,275 $ 1,028,297 $ 1,027,800 $ 130,525
Federal grants
Federal operational grant $ 423,208 $ 522,111 $ 456,005 $ 456,005 $ 417,925 $ 417,900 $ (38,105)
$ 423,208 $ 522,111 $ 456,005 $ 456,005 $ 417,925 $ 4_17,900 $ (38,105)
State grants
State operational grant s $ $ $ $ 17,569 $ 17,500 $ 17,500
$ s $ $ $ 17,569 $ 17,500 s 17,500
State shared revenue
State sales tax $ 4,863,361 $ 5,486,712 $ 5,441,651 $ 5,615,263 $ 5,748,523 $ 5,748,500 $ 133,237
$ 41863,361 $ 5,486,712 $ 5,441,651 $ 5,615,263 $ 5,748,_523 $ 5,748,500 $ 133,237
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Revenue Summary By Source
Last Budget Change From
Original Budget Reforecast Actual Thru Final Amended Latest
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Reforecast
Other charges for sales and services
Tax administration fees $ 213,714 $ 224,399 $ 225,000 $ 230,000 $ 232,349 $ 232,300 $ 2,300
Utility administration fees 172,998 166,032 175,215 175,215 175,215 175,200 (15)
Reimbursement for elections 10,459 30,568 12,000 12,335 20,534 20,500 8,165
Indirect cost reimbursement 840,034 925,008 908,242 908,242 908,256 908,200 (42)
Site-plan review fee 1,800 4,000 1,000 895 800 (200)
Sale of cemetery lots 12,923 24,269 15,000 16,000 25,275 25,200 9,200
Sale of columbarium niches 1,325 3,000 1,000 (1,000)
Sale of Harbortown dockominiums 80,500
Police miscellaneous 68,663 67,711 65,000 65,000 48,873 48,800 (18,200)
Police impound fees 38,576 6,000 45,000 37,781 37,700 (7,300)
Landlord's alert fee 1,700 1,630 1,600 (100)
Fire protection-state property 75,055 83,093 80,000 85,000 82,087 82,000 (3,000)
Zoning fees 12,305 9,325 7,500 10,000 13,915 13,900 3,900
Clerk fees 604 2,586 5,000 5,000 1,391 1,300 (3,700)
Clerk - passport fees
IFT application fees 6,369 9,917 5,000 2,500 4,944 4,900 2,400
Treasurer fees 4,374 26,934 2,500 22,000 33,708 33,700 11,700
False alarm fees 17,727 16,439 10,000 10,000 18,806 18,800 8,800
Miscellaneous cemetery income 25,599 21,224 23,000 21,000 24,118 24,100 3,100
Housing commission reimbursement 16,750 23,503
Senior transit program fees 8,521 8,261 8,000 8,000 7,986 7,900 (100)
Fire miscellaneous 9,311 25,798 40,000 25,000 9,012 9,000 (16,000)
Sanitation stickers 36,519 43,280 35,000 38,000 40,031 40,000 2,000
Lot cleanup fees 121,148 96,998 50,000 70,000 74,584 74,500 4,500
Reimbursements for mowings and demolitions 62,525 107,400 20,000 70,000 75,099 75,000 5,000
Recreation program fees 115,817 138,866 125,000 125,000 133,183 133,100 8,100
$ 1,911,915 $ 2,093,312 $ 1,824,457 $ 1,946,992 $ 1,969,672 $ 1,968,500 $ 21,508
Interest and rental income
Interest s 314,639 $ 411,444 $ 325,000 $ 375,000 $ 331,923 $ 331,900 $ (43,100)
Flea market 25,418 25,269 27,000 27,000 22,157 22,100 (4,900)
Farmers market 20,905 22,040 20,000 23,000 26,475 26,400 3,400
City right of way rental 6,400 6,400 4,400 4,400 6,400 6,400 2,000
Parking ramp rentals 27,266 46,819 40,000 32,000 22,069 22,000 (10,000)
McGraft park rentals 43,270 55,518 54,443 54,443 53,758 53,700 (743)
Other park rentals 27,851 31,919 30,000 31,000 28,081 28,000 (3,000)
$ 465,749 $ 599,409 $ 500,843 $ 546,843 $ 490,863 $ 490,500 $ (56,343)
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Revenue Summary By Source
Last Budget Change From
Original Budget Reforecast Actual Thru Final Amended Latest
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Reforecast
Fines and fees
Income tax - penalty and interest $ 45,901 $ 70,290 $ 50,000 $ 65,000 $ 95,916 $ 95,900 $ 30,900
Late fees on current taxes 7,192 40,167 15,000 15,000 (36) (15,000)
Interest on late invoices 17,519 329 1,200 1,200 730 700 (500)
Civil infraction fines (983) 3,000
Property transfer affidavit fines 6,400 5,000 5,000 1,900 1,900 (3,100)
Parking fines 82,772 41,829 65,000 80,000 74,056 74,000 (6,000)
Court fines 124,968 179,662 150,000 160,000 150,735 150,700 (9,300)
$ 277,369 $ 338,677 $ 289,200 $ 326,200 $ 323,301 $ 323,200 $ (3,000)
Other revenue
Sale of land and assets $ 2,650 $ 350 $ 3,000 $ 3,000 $ $ $ (3,000)
Police sale and auction proceeds 3,991 3,214 6,000 4,000 3,706 3,700 (300)
CDBG program reimbursements 254,279 391,573 315,000 285,000 322,587 322,500 37,500
Contributions 64,165 68,993 11,000 11,000 26,392 26,300 15,300
Muskegon County Community Foundation 4,650 7,200 7,200 7,200
Miscellaneous reimbursements 3,000 4,000 1,333 1,300 (2,700)
Miscellaneous and sundry 30,786 13,093 20,000 20,000 16,422 16,400 (3,600)
$ 355,871 $ 477,223 $ 362,650 $ 334,200 $ 377,640 $ 377,400 s 43,200
Other financing sources
Operating transfers in
Cemetery Perpetual Care 60,551 63,858 62,600 67,000 $ 67,373 $ 67,300 300
Criminal Forfeitures Fund 83,000 75,000 75,000 75,000 60,000 60,000 (15,000)
Police Training Fund 18,621 36,286 10,000 15,000 31,142 31,100 16,100
DOA for Administration 30,000 30,000 10,000 10,000 10,000
Reese Playfield Fund 3,967 1,827 1,800 1,800 4,333 4,300 2,500
RLF for Administration 10,000 5,000 5,000 5,000
Hackley Park Improvement Fund 1,269 51
Hackley Park Memorial Fund 614 600 600 609 600
$ 177,408 $ 207,636 $ 180,000 $ 174,400 $ 178,457 $ 178,300 $ 3,900
Total general fund revenues and
other sources $ 21,451,681 $ 23,685,516 s 23,188,623 $ 23,299,995 $ 23,410,999 $ 23,408,100 $ 108,105
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Latest Reforecast
I. Customer Value Added Activities
40301 Police Department
5100 Salaries & Benefits $ 5,723,719 $ 5,825,308 $ 6,057,077 s 6,057,077 $ 5,803,534 $ 5,804,000 s (253,077)
5200 Operating Supplies 134,967 159,537 128,150 143,150 154,660 155,000 11,850
5300 Contractual Services 740,791 953,985 860,700 860,700 951,903 952,000 91,300
5400 Other Expenses 47,220 54,242 30,700 30.700 54,675 55,000 24,300
5700 Capital Outlays 110,246 207,553 75.941 75,941 87,593 88,000 12,059
5900 Other Financing Uses
s 6,756,943 $ 7,200,625 $ 7,152,568 $ 7,167.568 $ 7,052,365 $ 7.054,000 $ (113,568)
s 6,756,943 $ 7,200,625 $ 7,152,568 $ 7,167,568 $ 7,052,365 $ 7.054,000 $ (113,568)
50336 Fire Department
5100
5200
5300
Salaries & Benefits
Operating Supplies
Contractual Services
$ 2,673,009
113,467
156,160
$ 2,708,005
97.561
133,101
' 2,738,873
98,000
150,000
$ 2,768,873
98.000
150,000
$ 2,930,180
92,307
149,605
$ 2,931,000
93,000
150,000
$ 162,127
(5,000)
5400 Other Expenses 20,291 10,051 20,000 20,000 12,785 13,000 (7,000)
5700 Capital Outlays 153,098 38,636 25,000 30,000 32,714 33,000 3,000
5900 Other Financing Uses
$ 3,116,025 $ 2,987,354 $ 3.031,873 $ 3,066,873 $ 3.217.591 $ 3.220,000 $ 153,127
50387 Fire Safety Inspections
5100
5200
5300
Salaries & Benefits
Operating Supplies
Contractual Services
$ 314,896
8,585
96,770
' 623,329
17,135
247,418
$ 658,792
31,050
226,759
$ 633,792
26,050
226,759
$ 579,330
25,077
232,848
$ 580,000
26,000
233,000
$ (53,792)
(SO)
6,241
5400 Other Expenses 4,877 11,070 15,000 15,000 8,109 9,000 (6,000)
5700 Capital Outlays 16,029 9,838 5,600 10,600 15.216 16,000 5,400
5900 Other Financing Uses
$ 441,157 s 908,790 $ 937,201 $ 912,201 $ 860,580 $ 864,000 $ {48,201)
$ 3,557,182 $ 3.896, 144 $ 3,969,074 $ 3,979,074 $ 4,078,171 $ 4,084,000 $ 104,926
60523 General Sanitation
5100 Salaries & Benefits $ 60,002 $ 66,335 $ 62,422 $ 67,000 $ 67.901 $ 68,000 $ 1,000
5200 Operating Supplies 401 690 1,400 1,400 1,006 2,000 600
5300 Contractual Services 1,490,600 1.308,314 1,390,508 1,390,508 1,351,420 1,352,000 (38,508)
5400 Other Expenses 6 1,000 1,000 83 1,000
5700 Capital Outlays 24,360 25,000 25,000 24,847 25,000
5900 Other Financing Uses
$ 1,551.009 $ 1,399,699 $ 1,480,330 $ 1,484,908 $ 1,445,257 $ 1,448,000 $ (36,908)
60528 Recycling
5100 Salaries & Benefits $ $ $ $ $ s
5200 Operating Supplies
5300 Contractual Services 300,392 263,478 261,207 263,000 257.926 258,000 (5,000)
5400 Other Expenses
5700 Capital Outlays 1,500 1,500 3,305 4,000 2,500
5900 Other Financing Uses
$ 300,392 $ 263,478 $ 262,707 $ 264,500 $ 261,231 $ 262,000 $ (2,500)
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Latest Reforecast
60524 Composting
5100 Salaries & Benefits $ 12,468 $ $ $ $ $ $
5200 Operating Supplies
5300 Contractual Services 43,237
5400 Other Expenses
5700 Capital Outlays
5900 Other Financin Uses
60550 Stormwater Management
$ 55,705
' ' $ $
s
$ $
5100
5200
5300
Salaries & Benefits
Operating Supplies
Contractual Services
' $
' $ $ $
5400 Other Expenses
5700 Capital Outlays
5900 Other Financin Uses
$ $ $ $ $ $ $
60448 Streetlighting
5100 Salaries & Benefits $ 12,685 $ 10,601 $ 7,064 $ 7,064 $ 11,387 $ 12,000 $ 4,936
5200 Operating Supplies
5300 Contractual Services 505,839 507,599 515,000 515,000 504,551 505,000 (10,000)
5400 Other Expenses
5700 Capital Outlays 600 10,000 10,000 (10,000}
5900 Other Financin Uses
s
60707 Senior Citizen Transit
$
$
519,124 $
$
518,200
$
532,064
's 532,064 $ 515,938 $ 517,000
' (15,064)
'
5100 Salaries & Benefits 39,821 44,554 42,998 45,386 $ 44,925 $ 45,000 (386)
5200 Operating Supplies
5300 Contractual Services 4,810 5.450 5,850 5,850 7,100 8,000 2,150
5400 Other Expenses
5700 Capital Outlays
5900 Other Financin Uses
$ 44,631 $ 50,004 $ 48,848 $ 51,236 $ 52,025 $ 53,000 s 1,764
60446 Community Event Support
5100 Salaries & Benefits $ 17,953 s 113,420 $ 75,382 $ 75,382 $ 77,840 $ 78,000 s 2,618
5200 Operating Supplies 14,743 2,500 2,500 1,971 2,000 (500)
5300 Contractual Services 1,270 45,757 20,000 17,000 31,071 32,000 15,000
5400 Other Expenses
5700 Capital Outlays
5900 Other Financing Uses
$ 19,223 $ 173,920 $ 97,882 $ 94,882 $ 110,882 $ 112,000 $ 17,118
s $ $ $
' 2,490,084 2,405,301 2,421,831 2,427,590
' 2,385,333 2,392,000 $ (35,590}
70751 Parks Maintenance
5100
5200
5300
Salaries & Benefits
Operating Supplies
Contractual Services
' 594,245
101,986
369,196
$ 410,877
188,503
509,593
$ 528,153
125,155
515,000
$ 528-153
125,155
515,000
' 470,749
240,998
596,720
$ 471,000
241,000
597,000
$ (57,153)
115,845
82,000
5400 Other Expenses 2,338 2,939 7,000 7,000 2,905 3,000 (4,000)
5700 Capital Outlays 42,206 53,703 80,000 80,000 75,959 76,000 (4,000)
5900 Other Financing Uses
$ 1,109,971 s 1,165,615 $ 1,255,308 s 1,255,308 $ 1,387,331 $ 1,388,000 $ 132,692
City of Muskegon
2001 Final Amended Budget General Fund
M
General Fund Expenditure Summary By Function
last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 latest Reforecast
70757 Mc Graft Park Maintenance
5100 Salaries & Benefits $ 34,953 $ 10,522 $ 18,278 $ 18,278 $ 5,030 $ 6,000 $ (12,278)
5200 Operating Supplies 9,527 3,862 5,000 5,000 4,918 5,000
5300 Contractual Services 27,393 43,985 30,165 30,165 42,488 43,000 12,635
5400 Other Expenses 434 210 1,000 1,000 238 1,000
5700 Capital Outlays 283 65 1,000 1,000
5900 Other Financin Uses
$ 72,307 $ 58,862 $ 54,443 $ 54,443 $ 52,739 $ 56,000 $ 1,557
70775 General Recreation Programs
5100 Salaries & Benefits $ 132,298 $ 117,149 $ 175,398 $ 166,000 $ 140,436 $ 141,000 $ (25,000)
5200 Operating Supplies 35,928 31,912 25,300 38,885 43,244 44,000 5,115
5300 Contractual Services 118,418 115,122 88,675 90,133 108,318 109,000 18,867
5400 Other Expenses 4,244 2,969 4,000 4,000 4,068 5,000 1,000
5700 Capital Outlays 208 4,344 288 1,000 1,000
5900 Other Financin Uses
$ 291,096 $ 271,496 $ 293,373 $ 299,018 $ 296,354 $ 300,000 $ 982
70776 Inner City Recreation Programs
5100 Salaries & Benefits $ 103,019 $ 135,718 $ 132,319 $ 132,319 $ 142,997 $ 143,000 $ 10,681
5200 Operating Supplies 11,214 10,781 21,710 8,600 8,172 9,000 400
5300 Contractual Services 30,297 29,995 36,400 33,360 27,246 28,000 (5,360)
5400 Other Expenses 2,397 2,896 3,000 2,905 5,184 6,000 3,095
5700 Capital Outlays 95 95 1,000 905
5900 Other Financin Uses
$ 146,927 $ 179,390 $ 193,429 $ 177,279 $ 183,694 $ 187,000 $ 9,721
70276 Cemeteries Maintenance
5100 Salaries & Benefits $ 330,496 $ 184,070 $ 175,746 $ 175,746 $ 185,819 $ 186,000 $ 10,254
5200 Operating Supplies 21,166 13,440 25,000 25,000 21,908 22,000 (3,000)
5300 Contractual Services 110,984 246,091 270,000 270,000 263,671 264,000 (6,000)
5400 Other Expenses 216 568 1,000 1,000 1,199 2,000 1,000
5700 Capital Outlays 33,200 19,930 22,500 22,500 33,975 34,000 11,500
5900 Other Financing Uses
$ 496,062 $ 464,099 $ 494,246 $ 494,246 $ 506,572 $ 508,000 $ 13,754
70585 Parking Operations
5100 Salaries & Benefits $ 12,979 $ 13,182 $ 12,584 $ 12,584 $ 13,439 $ 14,000 $ 1,416
5200 Operating Supplies 2,146 2,316 2,000 2,000 2,476 3,000 1,000
5300 Contractual Services 28,692 27,501 35,572 35,572 32,854 33,000 (2,572)
5400 Other Expenses
5700 Caprtal Outlays
5900 Other Financin~ Uses
$ 43,817 $ 42,999 $ 50,156 $ 50,156 $ 48,769 $ 50,000 $ (156)
70771 Forestry
5100 Salaries & Benefits $ 90,283 $ 89,755 $ 134,355 $ 100,000 $ 86,584 $ 87,000 $ (13,000)
5200 Operating Supplies 10,467 9,852 9,581 9,581 9,831 10,000 419
5300 Contractual Services 12,898 16,843 14,000 14,000 14,244 15,000 1,000
5400 Other Expenses 2,940 818 1,700 1,700 1,309 2,000 300
5700 Capital Outlays 6,572 3,207 2,000 2,000 2,101 3,000 1,000
5900 Other Financing Uses
$ 123,160 $ 120,475 $ 161,636 $ 127,281 $ 114,069 $ 117,000 $ \10,281)
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summary By Function
last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 latest Reforecast
70863 Farmers' Market & Flea Market
5100 Salaries & Benefits $ 36,984 s 27,185 $ 30,669 $ 29,000 $ 28,023 $ 29,000 $
5200 Operating Supplies 503 591 1,000 1,000 860 1,000
5300 Contractual Services 8,236 15,000 7,623 12,000 19,175 20,000 8,000
5400 Other Expenses
5700 Capital Outlays
5900 Other Financin9 Uses
$ 45,723 $ 42,776 $ 39,292 $ 42,000 $ 48,058 $ 50,000 $ 8,000
$ 2,329,063 $ 2.345,712 $ 2,541,883 $ 2,499,731 $ 2,637,586 $ 2,656,000 $ 156,269
80799 Weed and Seed Program
5100 Salaries & Benefits $ 20,949 $ $ $ $ - s - $
5200 Operating Supplies 2,860
5300 Contractual Services 9,784 112
5400 Other Expenses 127
5700 Capital Outlays
5900 Other Financing Uses
$ 33,720 $ 112 $ s $ $ $
80387 Environmental Services
5100 Salaries & Benefits $ 439,362 $ 150,456 $ 172,208 $ 172,208 $ 179,865 $ 180,000 $ 7,792
5200 Operating Supplies 12,785 9,525 4,700 6,000 9,023 10,000 4,000
5300 Contractual Services 328,371 265,250 160,950 162,650 244,510 245,000 82,350
5400 Other Expenses 2,674 333 1,000 1,000 1,633 2,000 1,000
5700 Capital Outlays 3,569 4,135 4,700 10,000 6,556 7,000 (3,000)
5900 Other Financin Uses
$ 786,761 $ 429,699 $ 343,558 $ 351,858 $ 441,587 $ 444,000 $ 92,142
$ 820.481 $ 429,811 $ 343,558 $ 351,858 $ 441,587 $ 444,000 $ 92,142
10875 Other - Contributions to Outside Agencies
Muskegon Area Transit (MATS) $ 80,163 $ 80,163 $ 80,163 $ 80,163 $ 80,163 $ 81,000 837
Neighborllood Association Grants 29,529 27,443 40,000 35,000 34,063 35,000
Veterans Memorial Day Costs 6,677 7,324 10,000 7,535 7,535 8,000 485
WMSRDC - Muskegon Area Plan (MAP) 6,151 6,151 7,000 849
Institute for Healing Racism 4,000 4,000 3,000 3,000 (1,000)
Muskegon Area labor Management (MAlMC) 1,000 1,000 1,000 1,000 1,000 1,000
Sister Cities' Youth Travel 1,000 1,000 1,000
SPCA/Humane Society - Feral Cat Control 5,000 (5,000)
Other 6,477 1,402 (1,402)
Contributions To Outside Agencies $ 117,369 $ 115,930 $ 141,640 $ 141,251 $ 132,912 $ 136,000 $ (5.251)
_$__ 117,369 $ 115,930 $ 141.640 $ 141,251 $ 132,912 s 136,000 $ (5,251)
Total Customer Value Added Activities $ 16,071,122 s 16,393,523 $ 16,570,554 $ 16,567,072 $ 16,727,954 $ 16.766,000 $ 198,928
As a Percent of Total General Fund
Expenditures 73.0% 73.7% 71.5% 71.6% 72.3% 72.2%
City of Muskegon
2001 Final Amended Budget~ General Fund
General Fund Expenditure Summary By Function
last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 latest Reforecast
II. Business Value Added Activities
10101 City Commission
5100 Salaries & Benefits $ 50,488 $ 56,917 $ 58,589 $ 58,589 $ 56,483 $ 57,000 $ (1,589)
5200 Operating Supplies 11,732 11,861 16,000 16,000 12,288 13,000 (3,000)
5300 Contractual Services 26,636 30,541 47,059 47,059 36,894 37,000 {10,059)
5400 Other Expenses 7,106 8,813 11,000 11,000 7,631 8,000 (3,000)
5700 Capital Outlays 1,534 91
5900 Other Financing Uses
$ 97,496 $ 108,223 $ 132,648 $ 132,648 $ 113,296 $ 115,000 $ (17,648)
10102 City Promotions & Public Relations
5100 Salaries & Benefits $ $ $ $ $ $ $
5200 Operating Supplies 10,000 9,500 (9,500)
5300 Contractual Services 14,791 24,000 20,050 24,563 25,000 4,950
5400 Other Expenses
5700 Capital Outlays
5900 Other Financing Uses
$ $ 14,791 $ 34,0Do $ 29,550 $ 24,-563 $ 25,000 $ (4:S5o}
10172 City Manager
5100 Salaries & Benefits $ 163,409 $ 172,284 $ 177,056 $ 177,056 $ 168,180 $ 169,000 $ (8,056)
5200 Operating Supplies 2,531 2,564 3,500 3,500 1,651 2,000 (1,500)
5300 Contractual Services 2,645 2,962 5,500 5,500 2,055 3,000 (2,500)
5400 Other Expenses 2,601 4,247 4,500 4,500 2,149 3,000 (1,500)
5700 Capital Outlays 82 1,814 3,500 3,500 (3,500)
5900 Other Financin Uses
$ 171,268 $ 183,871 $ 194,056 $ 194,056 $ 174,035 $ 177,000 $ (17,056)
10145 City Attorney
5100 Salaries & Benefits $ $ $ $ $ $ $
5200 Operating Supplies 400 480 480 1,000 833 1,000
5300 Contractual Services 341,368 384,201 370,194 370,194 457,739 458,000 87,806
5400 Other Expenses
5700 Capital Outlays
5900 Other Financin Uses
$ 341,768 $ 384,681 $ 370,674 $ 371,194 $ 458,572 $ 459,000 $ 87,806
$ 610,532 $ 691,566 $ 731,378 $ 727,448 $ 770,466 $ 776,000 $ 48,552
20173 Administration
5100 Salaries & Benefits $ 124,412 $ 137,659 $ 141,029 $ 131,029 $ 120,324 $ 121,000 $ (10,029)
5200 Operating Supplies 4,482 2,295 3,950 1,950 1,784 2,000 50
5300 Contractual Services 24,701 15,871 23,000 11,000 15,734 16,000 5,000
5400 Other Expenses 16,200 12,278 11,860 11,860 7,230 8,000 {3,860}
5700 Capital Outlays 298 581 1,500 2,500 1,632 2,000 (500)
5900 Other Financin Uses
$ 170,093 $ 168,684 $ 181,339 $ 158,339 $ 146,704 $ 149,000 s (9,339)
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summaiy By Function
last Budget
Orlglnal Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 latest Reforecast
20228 Affirmative Action
5100 Salaries & Benefits $ 63,526 $ 69,370 $ 70,485 $ 70,485 $ 72,256 $ 73,000 $ 2,515
5200 Operating Supplies 517 506 1,000 1,800 1,713 2,000 200
5300 Contractual Services 2,109 2,334 3,300 3,000 1,759 2,000 (1,000)
5400 Other Expenses 3,295 2,801 4,000 3,500 2,913 3,000 (500)
5700 Capital Outlays 118 500 500 649 1,000 500
5900 Other Financing Uses
$ 69,447 $ 75,129 $ 79,285 $ 79,285 $ 79,290 $ 81,000 $ 1,715
20744 Julia Hackley Internships
5100 Salaries & Benefits $ 1,714 $ 7,482 $ 4,650 $ 7,200 $ 10,692 $ 11,000 $ 3,800
5200 Operating Supplies 718
5300 Contractual Services 711
5400 Other Expenses 20 1,000 1,000
5700 Capital Outlays
5900 Other Financing Uses
$ 1,714 $ 8,911 $ 4,650 $ 7,200 $ 10,712 -, 12,000 $ 4,800
20215 City Clerk & Elections
5100 Salaries & Benefits $ 190,040 $ 218,883 $ 209,842 $ 209,842 $ 208,602 $ 209,000 $ (842)
5200 Operating Supplies 28,908 32,549 15,000 20,000 35,327 36,000 16,000
5300 Contractual Services 34,857 28,284 32,850 22,050 31,458 32,000 9,950
5400 Other Expenses 6,875 5,420 3,250 5,100 7,136 8,000 2,900
5700 Capital Outlays 5,006 2,551 3,350 5,200 5,200 6,000 800
5900 Other Financing Uses
$ 265,686 $ 287,687 $ 264,292 $ 262,192 $ 287,723 $ 291,000 $ 28,808
20220 Civil Service
5100 Salaries & Benefits $ 125,385 $ 130,015 $ 153,025 $ 138,434 $ 132,405 $ 133,000 $ (5,434}
5200 Operating Supplies 15,052 6,339 5,000 12,100 17,111 18,000 5,900
5300 Contractual Services 71,530 39,839 31,000 29,098 22,799 23,000 {6,098)
5400 Other Expenses 7,890 42,287 8,000 5,900 12,336 13,000 7,100
5700 Capital Outlays 220 762 957 13,450 8,600 9,000 (4,450)
5900 Other Financin Uses
'
$
220,077
727,017 '
$
219,242
759,653
$
$
197,982
727,548
$
$
198,982
705,998 '
$
193,251
717,680
$
$
196,000
729,000
$
$
{2,982}
23,002
30202 Finance Administration
5100 Salaries & Benefits $ 245,121 $ 259,785 $ 267,683 $ 267,683 $ 267,254 $ 268,000 $ 317
5200 Operating Supplies 8,336 9,334 10,900 9,650 9,554 10,000 350
5300 Contractual Services 61,633 64,594 69,400 94,050 99,977 100,000 5,950
5400 Other Expenses 3,280 2,385 3,000 2,700 2,348 3,000 300
5700 Capital Outlays 2,359 4,586 3,500 3,000 2,085 3,000
5900 Other Financing Uses
$ $
30209 Assessing Services
320,729
' 340,684 $ 354,483 $ 377,083 $ 381,218 384,000 $ 6,917
5100 Salaries & Benefits $ 240,204 $ 5,013 $ 7,731 $ 7,731 $ 6.759 $ 7,000 $ (731)
5200 Operating Supplies 3,131
5300 Contractual Services 114,601 340,213 365,835 368,983 367,367 368,000 (983)
5400 Other Expenses 3,900 80 100 100 45 1,000 900
5700 Capital Outlays 633
5900 Other Financing Uses
$ 362,469 $ 345,306 $ 373.666 $ 376,814 $ 374,171 $ 376,000 $ (814)
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summary By Function
last Budget
Original Budget Reforecast ActualThru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 latest Reforecast
30205 Income Tax Administration
5100 Salaries & Benefits $ 186,659 s 212,880 $ 223,951 $ 218,000 $ 213,846 $ 214,000 s (4,000)
5200 Operating Supplles 24,897 18,875 24,073 24,073 24,678 25,000 927
5300 Contractual Services 34,271 34,550 39,500 39,500 34,092 35,000 (4,500)
5400 Other Expenses 1,003 1,288 1,500 1,500 1,648 2,000 500
5700 Capital Outlays 7,375 2,180 3,000 3,000 206 1,000 (2,000)
5900 Other Financin Uses
$ 254,205 $ 269,773 $ 292,024 $ 286,073 $ 274,470 $ 277,000 $ (9,073)
30253 City Treasurer
5100 Salaries & Benefits $ 266,436 $ 251,881 $ 275,462 $ 265,000 $ 236,759 $ 237,000 $ (28,000)
5200 Operating Supplies 28,340 38,165 28,400 38,000 35,489 36,000 (2,000)
5300 Contractual Services 44,557 55,546 41,399 42,261 45,796 46,000 3,739
5400 Other Expenses 1,096 1,264 1,211 1,211 900 1,000 (211)
5700 Capital Outlays 6,259 7,298 3,957 3,957 4,281 5,000 1,043
5900 Other Financing Uses
$ 346,688 $ 354,154 s 350,429 $ 350,429 $ 323,225 $ 325,000 $ (25,429)
30248 Information Systems Administration
Salaries & Benefits $ 131,588 167,381 $ 176,942
5100
5200
5300
Operating Supplies
Contractual Services
4,832
42,033
$
6,695
38,925
9,000
45,000
' 176,942
9,000
45,000
$ 182,403
2,024
72,769
$ 183,000
3,000
73,000
$ 6,058
(6,000}
28,000
5400 Other Expenses 18,650 10,689 12,000 12,000 12.457 13,000 1,000
5700 Capital Outlays 67,921 52,283 42,000 42,000 53,828 54,000 12,000
5900 Other Financing Uses
$ 265,024 $ 275,973 $ 284,942 284,942 $ 323,481
$ 1,549,115 $ 1,585,890 $ 1,655,544 '
$ 1.675,341 $ 1,676,565
$
$
326,000
1,688,000
$
$
41,058
12,659
60265 City Hall Maintenance
5100 Salaries & Benefits $ 63,925 $ 63,273 $ 61,204 $ 61,204 $ 64,853 $ 65,000 $ 3,796
5200 Operating Supplies 13,874 11,926 15,370 15,370 12,457 13,000 (2,370)
5300 Contractual Services 161,699 184,471 189,895 210,000 214,595 215,000 5,000
5400 Other Expenses 67 395 500 1,000 598 1,000
5700 Capital Outlays 8,607 3,422 6,287 5,787 253 1,000 (4,787)
5900 Other Financing Uses
$ 248,172 $ 263,487 $ 273,256 $ 293,361 s 292,756 $ 295,000 $ 1,639
$ 248,172 $ 263,487 $ 273,256 $ 293,361 $ 292,756 $ 295,000 $ 1,639
80400 Planning, Zoning and Economic Development
5100 Salaries & Benefits $ 370,871 $ 395,554 $ 415,475 $ 415,475 $ 387,005 $ 388,000 $ (27,475}
5200 Operating Supplies 31,621 16,283 14,050 14,050 19,455 20,000 5,950
5300 Contractual Services 102,933 78,924 79,400 79,400 87,314 88,000 8,600
5400 Other Expenses 10,591 7,746 8,500 8,500 9,751 10,000 1,500
5700 Capital Outlays 2,146 3,018 4,000 4,000 3,644 4,000
5900 Other Financin Uses
$ 518,162 $ 501,525 $ 521,425 $ 521,425 $ 507,169 $ 510,000 $ (11,425)
$ 518,162 $ 501,525 $ 521,425 $ 521,425 $ 507,169 $ 510,000 $ (11,425)
Total Business Value Added Activities s 3,652,998 $ 3,802,121 $ 3,909,151 $ 3,923,573 $ 3,964,636 $ 3,998,000 $ 74,427
As a Percent of Total General Fund
Expenditures 16.6% 17.1% 16.9% 17.0% 17.1% 17.2%
City of Muskegon
2001 Final Amended Budget - General Fund
General Fund Expenditure Summary By Function
Last Budget
Original Budget Reforecast Actual Thru Final Amended Change From
Actual 1999 Actual 2000 Estimate 2001 (9/30/2001) December 2001 Budget 2001 Latest Reforecast
II. Fixed Budget Items
30999 Transfers To Other Funds
Major Street Fund $ $ $ $ $ $ $
Local Street Fund 620,000 620,000 820,000 820,000 820,000 820.000
Budget Stabilization Fund 100,000 100,000 250,000 250,000 150,000
LC. Walker Arena Fund (Operating Subsidy) 325,000 346,000 301,000 295,000 301,000 301,000 6,000
Public Improvement Fund (Fire Equipment Reserve) 150,000 220.000 150,000 150,000 150,000 150,000
State Grants Fund (Beachwood Park Grant Match) 1,742
MOD State Rehab Loan Fund 22,810
TIFA Debt Service Fund 12,000
Tree Replacement 2,723
$ 1,108,742 $ 1,211.533 $ 1,371,000 $ 1,365,000 $ 1,521.000 $ 1,521.000 $ 156,000
30851 General Insurance $ 222,763 $ 249,757 $ 270,000 $ 235,000 $ 236,222 $ 237.000 $ 2,000
30906 Debt Retirement 340,604 407,835 365,098 365,098 375,101 376.000 10,902
10891 Contingency and Bad Debt Expense 212,696 142,954 450,000 450,000 172,861 173,000 (277,000)
90000 Major Capital Improvements 402,954 24,934 245,000 221,000 139,549 140,000 (81,000)
Total Fixed-Budget Items 2,287,759 $ 2,037,013
As a Percent of Total General Fund ' $ 2.701,098 $ 2,636,098 $ 2,444,733 $ 2,447,000 $ (189,098)
Expenditures 10.4% 9.2% 11.7% 11.4% 10,6% 10.5%
Total General Fund S 22,011,879 $ 22,232,657 $ 23,180,803 $ 23,126,743 $ 23,137,323 $ 23,211,000 $ 84.257
Recap: Total General Fund By Expenditure Object
5100 Salaries & Benefits $ 12,873,899 $ 12,678,843 $ 13,265,442 $ 13,193,532 $ 12,895,860 $ 12,910,000 $ (283,532)
5200 Operating Supplies 644,655 719,038 637,269 668,314 790,815 804,000 135,686
5300 Contractual Services 6,002,539 6,559,992 6,817,381 6,805,093 6,892,556 6,911.000 105,907
5400 Other Expenses 170,318 185,789 154,821 154,176 159,350 174,000 19,824
5700 Capital Outlays 871,122 469,627 569,792 575,530 502,641 515,000 (60,530)
5900 All Other Financing Uses 1,449,346 1,619,368 1,736,098 1,730,098 1,896.101 1.897.000 166,902
Total General Fund $ 22,011,879 $ 22,232,657 $ 23,180,803 $ 23,126,743 $ 23,137.323 $ 23.211,000 $ 84,257
City of Muskegon
2001 Final Amended Budget - Other Budgeted Funds
Last Budget
Original Budget Reforecast Actual Thru Final 2001 Change From
Actual 2000 Estimate 2001 (9/30/2001) December 2001 Ameded Budget Latest Reforecast
Other Budgeted Funds - Revenues
Special Revenue Funds:
202 Motor Vehicle Highway - Major $ 6,694,431 $ 3,749,194 $ 4,006,000 $ 6,288,320 $ 6,288,300 $ 2,282,300
203 Motor Vehicle Highway - Local 1,696,907 1,843,300 1,880,300 1,702,638 1,702,600 (177,700)
254 LC Walker Arena 855,101 861,000 875,800 862,968 862,900 (12,900)
211 Police Training Fund 36,286 30,900 20,000 31,142 31,100 11,100
230 Enterprise Community Fund 633 180,000 10,000 85,495 85,400 75,400
257 Budget Stabilization Fund 100,000 100,000 250,000 250,000 150,000
260 Land Reutilization Fund 1,264 1,000 1,000 1,116 1,100 100
285 Tree Replacement Fund 5,224 3,000 2,700 1,104 1,100 (1,600)
264 Criminal Forfeitures Fund 94,897 75,000 70,000 76,955 76,900 6,900
289 Local Development Finance Authority I 36 12
288 Local Development Finance Authority II 522,128 550,000 550,000 602,027 602,000 52,000
$ 9,906,907 $ 7,393,394 $ 7,515,800 $ 9,901,777 $ 9,901,400 $ 2,385,600
Debt Service Funds:
305 TIFA Debt Service $ 187,484 $ 195,000 $ 190,000 $ 156,950 $ 156,900 $ (33,100)
394 Downtown Development Authority 972,239 649,132 5,536,999 5,862,411 5,862,400 325,401
399 Downtown Development Authority SF 223,618 50,000 100,000 196,939 196,900 96,900
306 Special Assessment Debt 329,118 280,000 260,000 177,901 177,900 (82,100)
$ 1,712,459 $ 1,174,132 $ 6,086,999 $ 6,394,201 $ 6,394,100 $ 307,101
TOTAL OTHER BUDGETED FUND REVENUES $ 11,619,366 $ 8,567,526 $ 13,602,799 $ 16,295,978 $ 16,295,500 $ 2,692,701
City of Muskegon
2001 Final Amended Budget - Other Budgeted Funds
Last Budget
Original Budget Reforecast Actual Thru Final 2001 Change From
Actual 2000 Estimate 2001 (9/30/2001} December 2001 Ameded Budget Latest Reforecast
Other Budgeted Funds - Expenditures
Special Revenue Funds:
202 Motor Vehicle Highway - Major $ 7,289,883 $ 5,401,609 $ 5,269,609 $ 6,972,990 $ 6,973,000 $ 1,703,391
203 Motor Vehicle Highway - Local 1,574,117 1,741,619 1,683,619 1,589,317 1,590,000 (93,619}
254 LC Walker Arena 854,666 861,416 861,716 847,697 848,000 (13,716)
211 Police Training Fund 36,286 30,000 20,000 31,142 32,000 12,000
230 Enterprise Community Fund 633 180,000 10,000 85,495 86,000 76,000
257 Budget Stabilization Fund
260 Land Reutilization Fund 1,000 1,000 (1,000)
285 Tree Replacement Fund 3,000 3,100 (3,100)
264 Criminal Forieitures Fund 88,316 75,000 75,000 66,216 67,000 (8,000}
289 Local Development Finance Authority I 17
288 Local Development Finance Authority II 169,624 650,000 11,000 803,128 1,000,000 989,000
$ 10,013,542 $ 8,943,644 $ 7,935,044 $ 10,395,985 $ 10,596,000 $ 2,660,956
Debt Service Funds:
305 TIFA Debt Service $ 188,194 $ 181,093 $ 181,093 $ 176,893 $ 177,000 $ (4,093)
394 Downtown Development Authority 879,127 618,972 6,023,594 6,276,765 6,277,000 253,406
399 Downtown Development Authority SF 132,572 5,000 1,031,999 1,128,578 1,129,000 97,001
306 Special Assessment Debt 297,646 243,418 243,418 259,717 260,000 16,582
$ 1,497,539 $ 1,048,483 $ 7,480,104 $ 7,841,953 $ 7,843,000 $ 362,896
TOTAL OTHER BUDGETED FUND EXPENDITUR $ 11,511,081 $ 9,992,127 $ 15,415,148 $ 18,237,938 $ 18,439,000 $ 3,023,852
DATE: February 15, 2002
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:01-050 Address: 768
Scott
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
768 Scott 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: #01-050, 768 Scott St.
Location and ownership: This structure is located on Scott Street between
Amity and Orchard in the Angell Neighborhood. It is owned by Chase Manhattan
Bank in Miami, Florida.
Staff Correspondence: A dangerous building inspection was conducted
11/8/01. A notice and order to repair or remove was issued 11/14/01. A notice
of hearing before the Housing Board of Appeals was issued 12/21/01. An order
to demolish was issued 1/7/02.
Owner Contact: There has been no contact from the owner.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $14,100- 2,001
Estimated cost to repair: $10,000 Plus cost of any interior repairs. This office
was not provided opportunity to inspect the interior.
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, February 26, 2002.
F:\lnspections\(irabinski_Lorraine\WonJ\CC MEETINGS\Agcnda - 768 Scott.doc page 1 of 1
0 518 O 528 536 542
554 562 576 590
;13 0 531 0 ,
585 605
553 0
516 522 530 540 556
557 567
566
57
576
C4H2t:;\.
603
/fo
61
519 525 531 39
0 6:
516 522 528 540 554 564 570
i
515 521 0 539 555 563 !;71
.__,,
.
_ .,,..
!.
~ a r b o r Title
955 West Broadway
Muskegon, MI 49441
Title Search
Case No.: 100122254
November 12, 2001
1. Beginning Date: 11/4/99, at 8:00 A.M.
Please See Attached Liber 2308, Page 375, Muskegon County Records, for Legal Description:
2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
10/18/2001, at 8:00 A.M.
Documents
Deeds: Mortgages:
Liber 2308, Page 375 Liber 3153, Page 885 n/a
Liber 3087, Page 553
Taxes:
Payment oflnvoices in the amount of$244.00, due and payable
to the City of Muskegon.
1996 Taxes SOLD TO STATE. Amount necessa1y to redeem in
November 2001, is $721.11.
Payment of the 1997 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$529.91, if paid by November 30, 2001.
Payment of the 1998 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $1,208.17, if paid by November 30, 2001.
Payment of the 1999 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $481.92, if paid by November 30, 2001.
Payment of the 2000 Winter delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $2,738.43, if paid by November 30, 2001.
(Base amount is $2,4 I 0.12)
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
County, Michigan, against:
The Chase Manhattan Bank, formerly known as Chemical Bank, as Trustee ofIMC Home Equity Loan Trust 1996-
2
4. No search has been made for any instrument, however designated, which has been filed as a financing statement
pursuant to the Uniform Commercial Code.
5. No search has been made !Ate records of the Circuit, Probate or other Coufor of any record other than those in
the office of the Register of Deeds.
6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
evidence of title thereto.
7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not
relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
paid for this information.
(
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
768 Scott St.
11/8/01
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Deteriorated roof covering, shingles falling off home.
3. Missing siding - comer cap.
4. Repair - replace all window frames, sills, numerous broken out windows.
5. Missing doors on home, home is open.
6. Repair soffit, fascia.
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.
F:llnspections\Grabinski_ Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\768
Scott.doc
(
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: November 14, 2001
Address of the Property: 768 Scott, Muskegon, Michigan
TO: Chase Manhattan Bank, 59001 Fowler Ave. Miami, FL 33617-2362
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(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 768 Scott, 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
~.ill
RoertB.Grabinski, Director of Inspections
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: December 21, 200 I
Address of the Property: 768 Scott, Muskegon MI
Description of the Structure: N 66 ft. of S 178 ft. Lot 11 Blk 40
TO: Chase Manhattan Bank, 5901 Fowler Ave, Miami, FL 33617-2362
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, January 3, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the notice and order to
repair issued 11/14/0 I.
At the hearing on Thursday, January 3, 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. ·
CIT r USKEGON INSPECTION DEPARTMENT,
ON BEHAt:/:I___~~APPEALS
By _ _J - - - - - - - - - - - - - - - - - - - -
Rober B. Grabinski, Director oflnspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWOROIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: January 7, 2002
To: Chase Manhattan Bank, 5901 Fowler Ave. Miami, FL 33617-2362
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, January 3, 2002 does hereby order that the
following structure(s) located at 768 Scott, 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.
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
(
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
B. Grabinski, Director of Inspections
F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
HBA Minutes 1/02
The Blake's were not present at the meeting, but they had been in c act with
e office earlier today. He faxed a copy of our inspection repo d signed the
bo of it that he would have these repairs completed with' 0 days.
John Wa er inquired about the property being occup' presently. Mr.
Grabinski s led that it is a rental and is occupied r' t now. The repairs to be
done are not t bad, it just took going before t board to get the Blake's
moving on it He elieves they will comply a make the repairs as stated.
Table this cas or 60 days to allow the Blakes time to
repair.
Motion made by John Warner,..ilf'.il~rted by Nick Kroes to support staff's
recommendation.
AYES: ABSENT:
Greg Borgman
Randy Mac ·
John War r
emotion carried.
Case #01-050 - 768 Scott- Chase Manhattan Bank, 5901 Fowler Ave.
Miami, FL
No one was present to represent this property.
Mr. Grabinski passed photographs and informed the board there has been no
contact by the bank about the structure.
Staff Recommendation: Declare the structure substandard, a public nuisance, a
dangerous building and forward to City Commission for their concurrence.
A motion to accept staff recommendation was made by John Warner and
seconded by Nick Kroes.
A roll cal vote was taken:
9 of 10
HBA Minutes 1/02
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Nick Kroes
Old Business: None
New · ess: John Warner inquired on the status of 21
Grabinski sta t he has talked with the owners. y seem to be trying to
do something to repa1 structures. Because t are owner occupied we are
trying to work with them. Be s we haven't had contact in the
last two weeks. At this time we ar
Mr. Borgman spoke of the histori district. d the owners of some of the
houses in the historical distric ave had a lot of time on e houses. He
wishes the HOC could se at the board sees and he woul
better working relation p with them.
10 ofl0
Commission Meeting Date: February 28, 2002
Date: February 20, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 850 Wood
SUMMARY OF REQUEST: To approve the purchase of the property
located at 850 Wood (City of Muskegon revised plat of 1903 W1/4 feet
of Lot 5 Block 46) from John Wesley AME Zion Church 886 Wood for
the appraised price of $10,000.
If approved by the Commission, the CNS department will request bids
from qualified contracts for the rehabilitation of the structure. After
rehabilitation is completed this totally rehabilitated American Gothic
home will be sold to a qualified family.
FINANCIAL IMPACT: Funding for purchase will be allocated from 2001
HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
Feb-OB-OZ OS:49P Comm & Neighborhood Svcs 231-726-2501 ?.02
REAL ESTA TE PURCHASE AGREEMENT
2002-28(f)
THIS AGREEMf'iT is made / J. · ~ 0J · <..'.) I , 2002, by and be:ween the John
Wesle:; AME Zien Church, of886 V\/ood Street, Muskegon, Michigan 49442,("Sd)er;;) and
CITY OF MUSKEGON, a municipal corporation, with ofiices at 933 Terrace, Muskegon,
Michigan 49440 ("Buyer").
I. General_Agreemen.t .:]nd Description of Premises. Seller agrees w sei], ar::d
Buyer agrees to buy, marketable rcl.:o~·d title of real estate, and ail improvements the;eon, ·,,.vith all
beneficial easements, ar.d with all of Sdler's right, title and interest in all adjoining :Jubii.: >.vays 1
the real property commonly bown as of 850 Wood Street, Muskegon, Michigan 494:,_, located
iii the City ofl'vfuskegon. IV1uskegon County. i\,1ichigan (' 1Premises 11 ) . and specificaiiy ,:bscri~-i~d
as:
West 1 '. 4 feet of Lot 5, B!ock 46 of the Revised Plats of 1903, City of );fus'.,tgc~
Subject to the reservations, restrictions ar.ci. easements of record, provided said resec/ati-::::;s,
restrictions and easements of record are acceptable to Buyer upon disclosure and review c1f the
same, and subject to any g:overnn1cntal inspections required by law.
2. Purchase Price and lVfanner of _Payment. The purchas~ price for ~:-.e ~__. .::·:-11scs
shall be Ten Thousand Dollars (Sl 0,000.00), payable, in cash, to Seller at Closing.
3. Ta~es and Assessm1;nts. All taxes and assessments which me du"; :~:1d :~:Jyabk
at the time of Ciosing shall be paid by Selk; prior to or at Closbg. All t~xes and ~;~:::•.::i.~,)
assessments which hecort.e due and payable after Closing shall be the re~p(•ns:bi!i~:--· of '?··_:ye:.
4. Title Insuran~e. Selkr agrees to deliver to Buyer's attorriey. ten CC., d:1_··_; prior
to closing. rr ccmr:iitment for ti-c:e ir..surancc, issued by Trn.nsnation Title t1suranct .-~·v:-;.c;:,.my, for
an arr!ount not less than the purchase price stated in this Agreement. guaranteeing ·1>'.G :._·_,;-, the
conditions requ~rcd herein. In the event the reservations, restrictions or easemcr:ts :-1tre-->xd
disclosed by s1:id title commitment are, in the sole discrc~ivn of Buyer. d:.::cmed trnA-::;:3.s.:: .-;blc,
Selior shall have fo,1y-fivc (45) dc.ys from the date Seller is notified in writi~g of s_,~;,
unre:sonabkn~ss of restriction ar.d. s:.1ch ~nmarketabiiity of title, to remedy sc.ch G!.:--j,x: ---:cs. If
Selkr resolves such restrictions an;::i re::-:edies to the title (by ohtaining s~tisfacto~·y .~1su:ancc
or otherwise) within the time :speci:fi id. Buyer agrees to compJete this sale as here!:-. _-:-a:~;. :Ced,
0
wlthi:t ten (10) days ofi;;ritten noti-~cation. rhereof. IfSeE-er faiis to resolY~ sech .·: ~-:ri·:_:.::cns or
remedy the titk within the tilne abov~ specified or fails t-o obtain satisfocr.:.ry-ti1i':' : 1.;•1:·c~·:-.~e. t'.'1is
Agre•;:ment wlii be terminate_d at Buy~r·s cption. The premi;..ITT1 for the: 01.v::crs t:t.; --,.~.:· ~hat!
b~ p2id by Sel'.cr .
.: ; Pirs-0nal Prop-crtv t•rnd FL.:.t_ures. All p~tsc,nai property a;-id G.x:L;~-:~·~: ·
Selle: wishes to rerrH.)ve shall be ~-e:~·iovcd on or before Closing. Any person~i pt::._ ':-:F .. . ,:::ich is
k"CT c•n [ti,;' Pr,.:-::-:is:cs shall be the pr-.:;perty of BllJer who may dispose of sar::r;.
Feb-OB-02 05:SOP Comm & Ne~~hborhood Svcs 231-726-250: ? . 0.-::-,
6. Survey. Buyer at its O'.'vTI expense may obtain a survey of the Premises, aud
Buvcr ,Jr its survevor or other agents inav er..ter the Premises for that purpose prior-to Ck.sing. ff
no ~,;urvey is obtai~ed, Buyer ag;ees tI-:at ·Buyer is relying solely upon Buyer's owr1 judgr..cnt as to
the location. boundaries and area of the Premises and improvements thereon without rcgr:.-.·d to
any representations that may have been made by Seller or any other person. In the evem rhat a
survey by a reg1srered land surveyor made prior to closing discloses an encroadune~t or
substantial variation from the presumed la_nd boundaries or area, Seller shall have i:he op:ion of
effecting a remedy within thirty (30) days alter disclosure, or tendering Buyer's deposit:_·-. full
termination vfthis agreement. and pc.ying the cost of such survey. Buyer may e-Iect to p:.:::-,,:;hase
the Premises subject to said encroachment or variation.
7. Environmental i\1at'"rers. Seller represen(S and warrants to Buyer as fof;·:,;:s:
a. To the best of SeHer's knowledg~. :he Premises hav-e beetl ·1.12td and.
operated in compliance with 2.11 app~icable federal, state and local la 1,vs and ;:-egt/ ~ :~:ms
related to air quality, water -r.1ality, waste disposal or management, hazarde,us o!· ':Xie
subsrnnces, and the protection of health and the environment.
b. Selk:r has not d:spos~d of any haz;:u-dous or toxic subscarn..:e::. on l .·:.:the
Prernise.s and, to the best of .Sdler's knowledge, ;:he Premises and the grcun;:Lvo:; .
beneath the Premises is free from environmental contamination of any kind.
c. To the b::::st of Sellcr!s kno\vledge, the Premises does not inci .dc :.::y
0
"underground storage tank.;! :-2s that term is defined by state or federal la·w.
Such representations and \\'ar;.--anties shall be deemed w have been made s.gz.i~ ~-:_ ·;~lier
as of-the Closing. The representaticr:s. wa:.-ranties and covenants set forth '.n this }/~;·;::g:, shall
survi\·e the Closing.
8. Condition of Premis,:s and Examination bv Buvcr. l\O IMPLIED
"'"R"ANTJJCS
VY."\. orI' !-I f">.f.J
l\. . . i ••• A "'IT" n'L'.TY
c>.Dl 1~, c·o,'D'T'ON
• • • • Q'L,'AL"TY ~JTN,
:"I 1 i ,.,J' ,,.t.J~.c:,s
F0P
, J - ~ -"-
PARTI(lJLi\R PURPOSE:, OR ANY OTHER IMPLIED WARRANTIES SHAU. OF --~ATE
BETWEE"-i SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES A:-.f":' A.' · ,\LL
SUCH IMPLlED \VARRANT!ES. IlUYER UNDERSTANDS AND AGREES ·;-Jo.'. · ,~E
PREMISES ARE TAKEN "AS IS,' SUBJECT TO THE EX?RESS COVENAt;rs.
C0N'.)ITJ0?-1S Ar~D/OR EX?R.ESS \VARR/>.NTIES CONTAINED !N T:-ilS PU:'.'.:i-' iE
AGREEMENT. ALSO SUBJECTTGTHE WARRANTY OF BUYER THAT :,re,
HAZARDOUS SUBSTANCES HA'v'E BEEN PLACED ON THE PREMlS.ES. t~ :_,y
FCR~l-HER S:-\ YS TE.t:r BUYER :-.AS ?~RSO\'ALL ..{ INSPECTED TEE PR.F\ .:ls. .\i\0
1:ViPEOVE;\tiC:';Ts THEREON. A?<0 THAT THE PROPERTY iS 8:21:'\G p·u?::-~~·-:--!,.\
A RESULT OF SUCH INSPECrO>i AND lNVESTIGA TlON AND :,fOT DCL'. . , .
RE?RESENT-\ TiONS MADE BY OR ON BEHALF OF SELLER.
Feb-0S-02 05:SOP Comm & Ne-: ghoorhood Svcs 231-726-2SC::. P. Qc_.
9. Real Estate Commission. Buyer and Selier both acknowledge that Selie;- ~as
retained a realtor and shall be solely tesponsible for any real estate comrr1ission upon the i:iosi_ng
of this sale, Buyer and Seller agree that Buyer has not retained a realtor.
10. Closing. The closing date of this sale shall be on or before :?.· :z&-· u£.
2002 ("Closing"). The Closing shall be cor,ducted al Transnarion Title Insurance Corrq:,: y.570
Seminole Road, lV1uskegon·, ;\,114944_. If necessary, the parties shall execute an IRS cic :ag
report at the Closing.
11. Delivcrv of Deed. Sdler shall execute and deliver a war;anty deed c; B:. c: at
Closing for lhe Premises.
12. A_ffidavit of Title. A! the Closing, Seller shall deliver lO Buyer an ,;;:~ecc::d
Affidavit of Tide.
13. Datt of Possession. Possession of Premises is to be delivered to B:..::.:er ·;.-,,Seiler
on the date of Closing.
14. Costs. Seiler shall be responsible to pay the Michigan trc::sfer tax:·:: th:'.: _·::10o.1rn
requiri;;!d b) la\.v. Seller shall be responsible tc pay for the recording of any instrun1¢nc \-· :,(;h
inust be recorded to clear title to the extent required by this Agreement. Buyer sha.!; pay {Jr the
cost of recording the deed to be deiiv,~red a;: Closing. Costs of the closing agent \.v::'. be: -~,:.:lit
evenly between the Buyer and Seiler.
15. General Provisions.
a. Paragraph I}:adings. The paragraph headings ~re iascrte;] ::1 L
Agreern.ent only for convenience.
b. Pronouns. ¥/hen applicable, pronouns and relative wo:ds s:-:8ll Tend as
plural. feminine OI' neuter.
c. Merger. It is understood and agreed ,hat ail undcrs:8ndings ,;n,j
agrcemef!ts previously made between Buyer and Selier are merged into t\:s ,~. . g.: · ···a~nt;
which atone fully and comr·k::ely expresses the agreement of tt!e p:::.rUes.
d. Governing L:1\-V. This Agreem~m shall be interprer~d c.n.: ;~::5,::
pursuant to the !a"vs of the_ State of Michigan.
upc-n ti1e parties. their suc,:~ssors a:1d assigns.
r Srver:1D~11t;1. [:1 c2.se any one or more ofth,e provisior:.s cc,r.. :!~---,: :;-: .:rLs
Agrc-2rncnt shall fo:- any rc·;.sc,n Ce fl.eld to be invalid. iHegaL or Er.cr~fo,-,:~;::.;:-:c :.
re.speer. such invaiidity, illegatity. or unenforceability shall not affoct an:.r ,,~::-;:: .:v:siGn
oft.his Agreemer.L a:id this :·\greer:1cnt shall be construed as if such inv:ili;~: . \L; .. v:-
une~for:::eabie provision(s) h::.d never been contained herein.
-08-02 05:SOP Comm & Neighborhood Svcs 231-726-250~ P.05
g. Survival of Representations and Warranties. The representatic .. ,,
warranties. covenants and agreements contained in this Agreement and in any ins. •1ment
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 a:>c:ided
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and yeat ·est
above written.
WITNESSES:
~n, r<r2~L~~t=.
-:fo8'nn Kv'i' llol>!St;
By /
Steve Warrm o Mayor
~Cl~<UKot:fb_;O~ta::tt, By ·&~Lo Jlu~~
~ ' . 3 (l..\'-Ct \'f\:
-:p \ a.,t;t Gail A. Kundinger. Clerk
(~.~ ,7 -~7 , n(
i llk< ; Cl. c~0\,,J..z,--c
Drafted by: Business Address:
P AR.:v!ENTER O'TOOLE 175 W. Apple Avenue, P.O. Bo:< /,!o
BY: John C. Schrier Muskegon, Michigan 49443-0736
Commission Meeting Date: February 26, 2002
Date: February 26, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Resolution to sale 315 Catawba
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the sale of the tax-reverted obtained rehabilitated structure at
315 Catawba to Michael Harman to be used as an owner-occupied
single family residence.
FINANCIAL IMPACT: The HOME fund will receive $43,762.93 in
program income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
approved the rehabilitation and the Commission in March of 2001
approved the awarding of the rehabilitation contract.
MUSKEGON CITY COMMISSION
2002-28(g)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 315 CATAWBA
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedkated to promoting high quality ·
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the former tax-reverted property located 315 at Catawba to
Michael Harmon for the price of.$48,401 in its current rehabilitated condition.
th
Adopted this 26 day of Febrnary, 2002
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
February 26, 2002. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
PURCHASE, SALE, AND LOAN AGREEMENT
2002-28(g)
THIS PURCHASE, SALE, AND LOAN AGREEMENT ("Agreement") is made as of the
21st day of November, 2001 between CITY OF MUSKEGON ("City"), Michael Harman,
("Purchaser"), Fifth-Third Bank, ("Lender").
Background
A. City is the owner of certain real property situated in the City of Muskegon,
County of Muskegon, State of Michigan and described as provided for in Exhibit A.
B. City is prepared to sell, transfer and convey the prope1ty to Purchaser subject to
conditions provided for in this Agreement.
C. Lender is prepared to lend to Purchaser$ 48 401.00 consistent with a
commitment letter from Lender to Purchaser dated November 20, 2001 and attached as
ExhibitD.
Terms and Conditions
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
CONTAINED IN THIS AGREEMENT, AND INTENDING TO BE LEGALLY BOUND BY
IT, THE PARTIES AGREE AS FOLLOWS:
1. City agrees to sell, transfer and convey the property to Purchaser. The purchase
price of the prope1ty is Sixty One Thousand Nine Hundred Dollars ($61,900.00) (the "Purchase
Price"). The Purchase Price shall be satisfied as follows:
1.2 The balance of the Purchase Price, excluding any work performed by
General Contractor above and beyond those provided for in Exhibit B, shall be satisfied by
Purchaser executing a promissory note and mortgage in favor of the City of Muskegon. The City
of Muskegon mortgage is junior to the mortgage of Lender, so long as the Lender's mmtgage is
in a form acceptable to City.
1.3 To the extent that additional monies are owed to the General Contractor on
the Purchase Price to the Adjusted Purchase Price, Purchaser shall deliver to Title, at closing,
such amount in a form acceptable to Title Company.
2. Covenants, Representations, and Warranties of City. City covenants, represents
and warrants to Purchaser and Lender as follows:
A:\PU-SA-LO.AG.MICHAEL HARMAN.DOC 1
2.1 City is a municipal c01poration, duly organized and validly existing and in
good standing under the laws of the State of Michigan; the City has full power and authority to
enter into and perform its obligations under this Agreement; that the execution, delivery and
performance of this Agreement by its mayor and clerk have been duly authorized by appropriate
action of its city commission and is not in violation of the city ordinances or state law applicable
to cities, or other law or any laws, order, judgment, agreement that is binding upon the City.
2.2 The property is not subject to any other security interest, lien or
encumbrance created or arising by reason of any act or omission of the City.
2.3 Contemporaneous with execution of this Agreement the City shall execute
and deliver to Title Company a quitclaim deed from City to Purchaser in a form and content
consistent with Exhibit C.
2.4 Upon closing, City agrees to lend an amount not to exceed Thirteen
Thousand Four Hundred Ninety Nine Dollars($ 13 499.00 ). The loan shall be evidenced by
execution by Purchaser of a promiss01y note, in a form and substance consistent with Exhibit D
and mortgage, in a form and substance consistent with Exhibit E. City's mortgage shall be
recorded junior to Lender's mortgage so long as the Lender's mortgage is in a form acceptable to
City and in an amount not to exceed Thirteen Thousand Four Hundred Ninety Nine Dollars
($ 13 499.00 ).
3. Purchaser's Covenants, Representations and Wan-anties. The Purchaser represents
and wan-ants that:
3 .1 The property is being purchased by the Purchaser for use as [his/her/their]
personal residence; that all financial statements and other information concerning the Purchaser
are true and accurate in all material respects; that the Purchaser is not insolvent; and that this
Agreement constitutes the valid and binding obligation of the Purchaser, enforceable in
accordance with its term.
3 .4 Purchaser acknowledges that upon closing, Lender shall have
no obligation to lend monies in excess of that stated in Exhibit B. Purchaser further
aclmowledges that City has no obligation to lend money in excess ofF01ty Eight Thousand Four
Hundred One Dollars($ 48,401.00 ).
3 .5 At closing, Purchaser agrees to execute a promissory note and mortgage in
favor of Lender in the amount of Forty Eight Thousand Four Hundred One Dollars($ 48 401.00)
and such other documents as called for in Exhibit D.
3.6 At closing, Purchaser shall execute promissory note and m01tgage, in the
form as attached as Exhibits D and E in an amount not to exceed Thirteen Thousand Four
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 2
Hundred Ninety Nine Hundred Dollars($ 13 499.00) and as more fully calculated pursuant to
this Agreement.
3.7 Purchaser's obligation under this Agreement to close are specifically
conditioned upon rehabilitation of the single-family residential unit.
4. Lender's Covenants, Representations and Warranties. The Lender represents and
warrants that:
5.1 The Lender is a Michigan corporation, duly organized and validly existing
and in good standing under the laws of the State of Michigan; that the Lender has full power and
authority to enter into and perform its obligations under this Agreement; that the execution,
delivery and performance of this Agreement have been duly authorized.
5.2 There is no material action, suit or proceeding pending or, to the best of
Lender's actual knowledge, threatened against or affecting the proposed loan, or which would
have a material affect on Lender's ability to lend money consistent with Exhibit B.
5 .3 Lender agrees to lend to Purchaser the amount of Forty Eight Thousand
Four Hundred One Dollars($ 48,401.00) upon closing. Conditions president to the loan are
specified in Exhibit B.
5 .4 Lender agrees that prior to closing, Lender shall prepare a promissory note
and mortgage to be executed by Purchaser in a form acceptable to City. To the extent that the
promissory note and mortgage are acceptable to City and in an amount not to exceed Forty
Eight Thousand Four Hundred One Dollars($ 48 401.00), Lender's mortgage shall be a first
priority, senior to City's mmigage and lien oflien of General Contractor or subcontractor.
5. No Conflict. The execution and delivery of this Agreement and the
consummation of the transactions contemplated on the part of Purchaser does not and will not
violate any applicable law, ordinance, statute, rnle, regulation, order, decree or judgment, conflict
with or result in the breach of any material terms or provisions of, or constitute a default under,
or result in the creation or imposition of any lien, charge, or encumbrance upon any of the
property or assets of the Purchaser by reason of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which Purchaser is a party or which is or
purpmis to be binding upon Purchaser or which otherwise affects Purchaser, which will not be
discharged, assumed or released at closing. No action by any federal, state or municipal or other
governmental department, commission, board, bureau or instrumentality is necessary to make
this Agreement a valid instrument binding upon Purchaser in accordance with its terms.
6. Property "As Is". Except as expressly provided, Purchaser acknowledges and
agrees that Purchaser is acquiring the property in its "AS IS" condition, WITH ALL FAULTS, IF
ANY, AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. Other than as expressly
set forth in this Agreement, City nor any agents, representatives, or employees of City have made
any representations or warranties, direct or indirect, oral or written, express or implied, to
Purchaser or any agents, representatives, or employees of Purchaser with respect to the condition
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 3
of the property, its fitness for any particular purpose, or its compliance with any laws, and
Purchaser is not aware of and does not rely upon any such representation to any other party.
Purchaser acknowledges that Purchaser has had the opportunity to make such inspections (or
have such inspections made by consultants) as it desires of the property and all factors relevant to
its use, including, without limitation, the interior, exterior, and structure of all improvements, and
the condition of soils and subsurfaces.
7. Survey. Purchaser may obtain, at its cost and expense, such survey as it may
desire within ten (I 0) days of execution of this Agreement. Purchaser shall have a period of ten
(10) days from the date of Purchaser's receipt of the survey, but no later than thirty (30) days
after execution of this Agreement, within which to approve or disapprove matters disclosed by
the survey and to give written notice to City of any disapproval of it, indicating in reasonable
detail the nature and reasons for Purchaser's objection. In the event Purchaser so notifies City of
Purchaser's disapproval of the survey, City may elect (but shall have no obligation whatsoever)
to cure any disapproved matter within thirty (30) days from receipt of such notice. Within five
(5) days after receiving Purchaser's notice, City shall notify Purchaser whether City intends to
effectuate such cure. In the event City does not elect to cure, or City elects to cure, but such cure
is not completed within thirty (30) days, the Purchaser within five (5) days shall elect in writing
to either waive such matter and proceed as provided or terminate this Agreement and receive a
refund of the deposit.
8. Title Matters.
9. I Title Report. City shall furnish to Purchaser an ALTA title repo1t or
commitment, with standard exceptions, in the amount of the Purchase Price from Title Company
with respect to the prope1ty. Purchaser shall have a period of five (5) days after execution of this
Agreement, or ten (10) days after receipt of title report, within which to examine the title report.
If Purchaser objects to any matters disclosed in the title report, Purchaser shall, within the time
period indicated, notify City in writing, specifying the objectionable matters. City may elect (but
shall have no obligation whatsoever) to cure any such matters within thirty (30) days from
receipt of such notice. Within five (5) days after receiving Purchaser's notice, City shall notify
Purchaser whether City intends to effectuate such cure. In the event City does not elect to cure,
or City elects to cure, but such cure is not completed within thi1ty (30) days, the Purchaser within
ten (I 0) days shall elect in writing to either waive such matter and proceed as provided in this
Agreement or terminate it and receive a refund of the deposit.
9.2 Defects in Title. In the event City shall not be able to convey title to the prope1ty
on the date of closing in accordance with the provisions of this Agreement, the Purchaser shall
have the option, exercisable by written notice to City at or prior to closing, of (I) accepting at
closing such title as City is able to convey and/or waiving any unsatisfied condition precedent,
with no deduction from or adjustment of the Purchase Price, or (2) declining to proceed to
closing. In the latter event, except as expressly set fmth in this Agreement, all obligations,
liabilities and rights of the parties under this Agreement shall terminate, and the deposit and
additional deposit shall be returned to Purchaser.
9. Pre-Closing Obligations; Deliveries.
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 4
I 0.1 The closing under this Agreement (the "Closing") shall take place on or
before December 21, 200 I, or within five (5) days of satisfaction of all conditions relevant to
Closing, whichever is sooner, at the offices of Title Company tmless otherwise agreed to in
writing by both City and Purchaser.
10.2 For Closing, City shall deliver the following:
10.2.1 A Quit Claim Deed to the real property, duly executed and
acknowledged by City and in proper form for recording, conveying fee simple title to the
property to Purchaser, subject only to easements, restrictions and/or rights-of-way of record.
10.2.2 Copies of current real estate tax bills, if any.
10.2.3 An assignment of any operating licenses, permits and approvals, if
any, relating to the property possessed by City.
10.2.4 A Bill of Sale for any personal property, if any.
I 0.2.5 An affidavit of title, and such other documents as may be required
by Title Company.
10.2.6 All other instruments and documents reasonably required to
effectuate this Agreement and the transactions contemplated.
10.3 For Closing, Purchaser shall deliver the following:
10.3.1 In accordance with Title Company's instructions, a certified check
or wire transfer in the amount required.
10.4 For Closing, Lender shall deliver the following:
10.4.1 In accordance with Title Company's instructions, a certified check
or wire transfer in the amount required to cover its expenses and the amount indicated in the
commitment letter, attached as Exhibit B.
10.4.1 A Promissory Note and Mortgage, in a form acceptable to City, for
execution by the Purchaser.
10.5 For Closing, General Contract shall deliver the following:
10.5.1 In accordance with Title Company's instructions, whatever
documents are necessary to assure that all subcontractor's have been paid and that there are no
liens, recorded or which could be recorded, which will not be satisfied at the time of closing.
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 5
10.6.2 In accordance with Title Company's instructions, whatever
documents are necessary to assure that all monies owed to General Contractor will be satisfied at
the time of closing.
10. Apportionment's; Taxes; Expenses.
11.1 Taxes. City shall pay all taxes due through the Closing Date.
11.2 Expenses. Each party will pay all its own expenses incutrnd in connection
with this Agreement and the transactions contemplated, including, without limitation, (1) all
costs and expenses stated in this Agreement to be borne by a party, and (2) all of their respective
broker's commissions, accounting, legal and appraisal fees. Purchaser, in addition to its other
expenses, shall pay at Closing all recording charges incident to the recording of the deed for the
property. City, in addition to its other expenses shall pay at Closing (1) all documentary stamps,
deed stamps and realty transfer taxes, and (2) the cost of the owner's title insurance policy.
11.3 Closing Expenses. City and Purchaser shall share equally the cost of Title
Company for acting as escrow agent leading up to Closing and Title Company's expenses
relating to the Closing of this transaction. To the extent that Closing does not occur for reasons
other than relating to paragraph 8 [Survey] or paragraph 9 [Title Matters], Title Company's fee
shall be deducted from the Purchaser's deposit and the balance of the deposit returned to
Purchaser. Upon indication that Closing will not occur, Title Company shall return the City's
Quit Claim deed to the City.
11. Remedies.
12.1 If, prior to Closing, Purchaser breaches or fails to perform its pre-closing
obligations under this Agreement, then City shall, as its sole remedy, be entitled to receive the
deposit, plus all interest earned and accrued on it, as liquidated damages (and not as a penalty) in
lieu of, and as full compensation for, all other rights or claims of City against Purchaser by
reason of such breach or failure. This Agreement shall then terminate and the parties shall be
relieved of all further obligations and liabilities under it, except as otherwise expressly set fmth.
Purchaser and City aclmowledge that the damages to City resulting from
Purchaser's breach would be difficult, if not impossible, to ascertain with any accuracy, and that
the liquidated damage amount set forth in this Section represents both parties' efforts to
approximate such potential damages.
12.2 If, prior to Closing, City breaches or fails to perform its pre-closing
obligations under this Agreement, Purchaser may, as its only remedies, either (i) enforce specific
performance of this Agreement against City, or (ii) terminate this Agreement and receive an
immediate refund of the deposit.
12.3 If, prior to Closing, Lender breaches or fails to perform its pre-closing
obligations under this Agreement, Purchaser or City may, as its remedies, either (i) enforce
specific performance of this Agreement against Lender, or (ii) sue for damages related to the
failure to lend monies consistent with Exhibit B.
A:\PU-SA-LO.AG.MICHAEL HARMAN.DOC 6
12.4 If, prior to Closing, General Contractor breaches or fails to perform its
pre-closing obligations under this Agreement, Purchaser or City may, as its remedies, either
(i) enforce specific performance of this Agreement against Lender, or (ii) terminate this
Agreement and obtain another entity to complete performance. The cost of completion shall be
borne by General Contractor.
12. Fmther Assurances. City and Purchaser each agrees to perform such other acts,
and to execute, acknowledge and deliver, prior to, at or subsequent to Closing, such other
instruments, documents and other materials as the other may reasonably request and as shall be
necessary in order to effect the consummation of the transactions contemplated by it.
13. Possession. Possession of the property shall be surrendered by Purchaser at
Closing.
14. Notices. All notices and other communications provided for shall be in writing
and shall be sent to the address set forth below (or such other address as a pmty may designate
for itself by notice to the other parties as required) of the pmty for whom such notice or
communication is intended:
15.1 Ifto City:
Director of Community and Neighborhood Services
City of Muskegon
933 Terrace Street
Muskegon, MI 49440
with a copy to:
John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, MI 49443-0786
15 .2 If to Purchaser: Michael Harman
2521 Cheny
Twin Lake, MI 49457
15.3 Ifto Lender: Fifth Third Bank.
Arnette Weaver-Brown
3145 Hemy Street.
Muskegon,MI49442
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 7
Any such notice or communication shall be sufficient if sent by registered or certified mail,
return receipt requested, postage prepaid; by hand delivery; by overnight courier service; or by
telecopy, with an original by regular mail. Any such notice or communication shall be effective
when sent.
15. Miscellaneous.
16.1 Assignment. Purchaser may not assign or transfer all or any portion of its
rights or obligations under this Agreement to any other individual, entity or other person without
the consent by City. Purchaser recognizes that there are specific guidelines as to acceptable
purchasers. As such, City reserves the absolute right to reject any individual or entity which is
being proposed to assign the obligations and benefits from Purchaser.
16.2 Governing Law. Parties in Interest. This Agreement shall be governed by
the law of the State of Michigan and shall bind and inure to the benefit of the parties and their
respective heirs, executors, administrators, successors, assigns and personal representatives, and
is not intended to and shall not benefit any third persons not party to this Agreement.
16.3 Time of Essence. Time is of the essence in this Agreement.
16.4 Headings. The headings preceding the text of the paragraphs and
subparagraphs are inserted solely for convenience of reference and shall not constitute a part of
this Agreement, nor shall they affect its meaning, construction or effect.
16.5 Counterparts. This Agreement may be executed simultaneously in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
I 6.6 Survival. Each of the warranties, representations and covenants of City
and Purchaser shall survive for a period of eighteen (18) months after the Closing and delivery of
the deed and other closing documents by City to Purchaser, and shall not be deemed to have
merged with this Agreement, and any action on it must be commenced within 18 months after
the Closing or shall be forever barred.
16. 7 Entire Agreement; Amendments. This Agreement and the Exhibits set
forth all of the promises, covenants, agreements, conditions and unde1iakings between the parties
with respect to the subject matter of this Agreement and supersede all prior and contemporaneous
agreements and understandings, inducements or conditions, express or implied, oral or written,
except as contained. This Agreement may not be changed orally but only by an agreement in
writing, duly executed by or on behalf of the party or parties against whom enforcement of any
waiver, change, modification, consent or discharge is sought.
A:IPU-SA-LO.AG.MICHAEL HARMAN.DOC 8
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date
first above written.
City: CITY OF
PURCHASER: Michael Harman
;(Wk,
/1-tf~o /
Date
By :----6,y~ ~ ~ ----=-~ ~ ~ ~--1-J+-.:.-
Date: ...L.X."'--"-"---"'. ..,___ - ~'-"<-I
A:\PU-SA-LO.AG.MICHAEL HARMAN.DOC 9
Sign up for City of Muskegon Emails