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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 12, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Selecting of Siding Contractors for Fiscal Year 2002-2003.
COMMUNITY & NEIGHBORHOOD SERVICES
c. Selection of Siding Supplier for Fiscal Year 2002-2003. COMMUNITY
& NEIGHBORHOOD SERVICES
d. Purchase of 503 Octavius. COMMUNITY & NEIGHBORHOOD
SERVICES
e. First Reading: Rezoning Request for Property Located at 565 Mulder
Ave. and 557 Mclaren Street. PLANNING & ECONOMIC
DEVELOPMENT
f. Request to Fly the Irish Flag. CITY CLERK
g. Aggregates, Highway Maintenance Materials and Concrete.
PUBLIC WORKS
h. Irrigation Parts Bids. LEISURE SERVICES
Consideration of Bids - 2002 Sidewalk Replacement Program.
ENGINEERING
• PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY
CLERK
b. Create Special Assessment District for Wilson, Henry to Dowd.
ENGINEERING
c. Create Special Assessment District for Sherin. Lakeshore to Miner.
ENGINEERING
d. Create a Special Assessment District for Terrace. Irwin to Iona.
ENGINEERING
e. Spreading of the Special Assessment Roll For Barney. Valley to
Roberts. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Pension Ordinance Clarification {tables 2-12-02). FINANCING
b. Option to Purchase Buildable Large Vacant Lots in Jackson Hill
Neighborhood for Finlay Properties. Inc. for Senior Housing
Development PLANNING & ECONOMIC DEVELOPMENT
c. Contract for Payments in Lieu of Taxes for Finlay Properties. Inc
Housing Development - Jackson Hill. PLANNING & ECONOMIC
DEVELOPMENT
• NEW BUSINESS:
a. Arena Compressor Donation. FINANCE
b. Tenative Agreement Reached with SEIU 517M. Unit 2. ASSISTANT
CITY MANAGER
c. Seaway Industrial Park Development Agreement. CITY MANAGER
d. Discussion and authorization for staff to appeal the decision by
Historic District Commission regarding the demolition of 1121 and
1129 Peck St. INSPECTIONS SERVICES
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• 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 JO minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO lND!VIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: March 12, 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 Regular
Commission Meeting that was held on Tuesday, February 26, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 12, 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, March 12, 2002.
Mayor Warmington opened the meeting with a prayer from Bob Kuhn, 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 Gawron, Larson, Schweifler, Spataro, Mayor Warmington,
and Vice-Mayor Buie. Absent: Commissioner Shepherd (excused).
2002-30 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, February 26, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Selecting of Siding Contractors for Fiscal Year 2002-2003.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept Community and Neighborhood Services
department selections of three contractors for the siding program during the 2002
- 2003 year. After reviewing all the bids received, the department has selected
the three lowest bidders at an agreed upon price of $75.00 (seventy-five dollars)
per square. Those selected were Lewis Johnson Construction - Grand Haven,
Cutting Edge Construction - Muskegon Township and Gawlick Construction
Fruitport Township.
FINANCIAL IMPACT: Funding will be disbursed from the 2002-2003 CDBG Paint and
Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: None
c. Selection of Siding Supplier for Fiscal Year 2002-2003. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
department selection of the vinyl siding supplier for fiscal year 2002 - 2003. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey- Muskegon for the price of $37.50 (thirty-seven
dollars and fifty cents) per square for white and $38.64 (thirty-eight dollars and
sixty-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2002-2003 Paint and Siding
fund.
BUDGET ACTION REQUIRED: Non required 6t this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
d. Purchase of 503 Octavius. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property located at 503
Octavius (City of Muskegon revised plat of 1903 Nl/2 Lot 9 and sl/2 Lot 10 Block
149) from Bermunda LLC (formally known as GMAS Mortgage) 4 Corporate,
·Shelton Connecticut for the price of $4,500.
If approved, CNS will accept bids to rehabilitate the structure at 503 Octavius and
later sold to a qualified low /moderate-income family which would return the
house to the tax roll and eliminate its blighting influence on the neighborhood.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be deducted
from the City's 2001-2002 HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
f. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Irish American Society of . Muskegon requests
permission to fly the Irish Flag outside City Hall on Saturday, March 16, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
g. Aggregates. Highway Maintenance Materials and Concrete.
PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine)
and 32% (winter salting) to Liquid Dustlayer Inc. Award bid to supply 20AA and
31 A bituminous asphalt to Asphalt Paving Inc. Award bid to supply polymer
modified anionic asphalt emulsion to Koch Materials Company. Award bid to
supply sylvax-patching material to Asphalt Paving Inc. Award bid to supply Hl
and H2 limestone chip blend to Verplank Trucking Company. Award bid to supply
road slag to Verplank Trucking Company. Award bid to supply concrete to High
Grade Concrete contingent upon product avaifability timely deliveries, and prices
as quoted.
FINANCIAL IMPACT: $149,670 based on 2001 usage at 2002 quotes.
BUDGET ACTION REQUIRED: None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
COMMITTEE REC OMMEN DA TION:
h. Irrigation Parts Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To purchase repair parts for our TORO irrigation systems.
FINANCIAL IMPACT: $10,028.68
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
COMMITTEE RECOMMENDATION:
i. Consideration of Bids - 2002 Sidewalk Replacement Program.
ENGINEERING
SUMMARY OF REQUEST: The 2002 Sidewalk Replacement contract be awarded to
North River Excavating out of Newaygo. North River was the lowest, see bid
tabulation, responsible bidder with a bid price of $207,730.28.
FINANCIAL IMPACT: The construction cost of $207,730.28 plus related engineering
expenses.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION: Award the contract to North River Excavation.
COMMITTEE RECOMMENDATION:
Motion by Commissioner Schweifler. second by Vice Mayor Buie to approve
the Consent Agenda with the exception of item e. to be removed for further
discussion.
ROLL VOTE: Ayes: Larson, Schweiller, Spataro, Warmington, Buie, Gawron
Nays: None
MOTION PASSED
2002-31 ITEMS REMOVED FROM THE CONSENT AGENDA
e. FIRST READING: Rezoning Request for Property Located at 565
Mulder Ave. and 557 McLaren Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by the City of
Muskegon, located at 565 Mulder Ave. and 557 McLaren St., from R-1, Single-
Family Residential and OSR, Open Space Recreation to either RT, Two-Family
Residential or RM-1, Low-Density Multiple-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request, to rezone
the property to RT.
COMMITTEE RECOMMENDATION: The ,Planning Commission recommended
approval of the request to rezone the property to RT at their 2/28 special meeting.
The vote was unanimous, with J. Aslakson and M. Kleaveland absent.
Motion by Commissioner Spataro, second by Commissioner Larson to
approve request to rezone property at 565 Mulder Ave. and 557 Mclaren St. to RT,
Two-Family Residential.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
MOTION PASSED (Requires Second Reading)
2002-32 PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY
CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 5-270 and 5-271
of the Code of Ordinance for the City of Muskegon. These establishments have
been found to be in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 31,
2002, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
The public hearing opened at 5:42pm to hear and consider any comments from
the public. Paul Plueger from the Moose Lodge at 2330 Barclay St. spoke in
reference to clarification of dollars owed.
Motion by Commissioner Larson, second by Vice Mayor Buie to close the
public hearing at 5:47pm and to adopt the resolution recommending non-renewal
-· ...
of those liquor license establishments who are in violation of Section 5-270 and 5-
271 of the code of Ordinance for the City of Muskegon.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSED
b. Create Special Assessment District for Wilson. Henry to Dowd.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Wilson Ave., Henry to Dowd, 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 tirrie.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
COMMITTEE RECOMMENDATION:
The public hearing opened at 5:52pm to hear and consider any comments from
the public. There were no public comments made.
Motion by Vice Mayor Buie, second by Commissioner Larson to close public
hearing at 5:53pm and to create the special assessment and assign Commissioner
.Schweifler and Commissioner Spataro to the Board of Assessors.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSED
c. Create Special Assessment District for Sherin. Lakeshore to Miner.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Sherin, Lakeshore to Miner, 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.
COMMITTEE RECOMMENDATION:
The public hearing opened at 5:56pm to hear and consider any comments from
the public. Opposed was Alvin 0autin of 2230 Sherin.
Motion by Commissioner Spataro, second by Commissioner Schweiller to
dose public hearing at 6:03pm and to create the special assessment district and
appoint Commisssioner Larson and Commissioner Schweifler to the Board of
Assessors by adoptrng the resolution.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
Nays: None
MOTION PASSED
d. Create a Special Assessment District for Terrace, Irwin to Iona.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Terrace St, Irwin to Iona, 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 district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
COMMITTEE RECOMMENDATION:
The public hearing opened at 6:07pm to hear and consider any comments from
the public. Opposed was Marcus Crosby of 1357 Terrace Ave. Terry Koster from
Child and Family Protective Services requested clarification of public access to
building during construction. Mohammed AI-Shatel from Engineering responded.
Motion by Commissioner Gawron, second by Commisssioner Schweifler to
close public hearing at 6:11pm and to create special assessment district and
assign two Commissioners to the Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington
Nays: None
MOTION PASSED
e. Spreading of the Special Assessment Roll for Barney, Valley to
Roberts. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for Barney Ave., from Valley to Roberts, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: a total of $115,832.99 would be spread against the ten (10)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
COMMITTEE RECOMMENDATION:
The public hearing opened at 6:14pm to hear and consider any comments from
the public. There were no public comments made.
Motion by Commissioner Spataro, second by Commissioner Gawron to close
public hearing at 6:15pm and to approve the spreading of the special assessment
roll and adopt the resolution confirming the special assessment roll.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
Nays: None
MOTION PASSED
2002-33 UNFINISHED BUSINESS:
a. Pension Ordinance Clarification (tabled 2-12-02). FINANCE
SUMMARY OF REQUEST: Section l0(d) of the City's Police & Fire Retirement System
ordinance provides that "a member who remains in the employ of the city but
ceases to be a police officer or a firefighter shall remain a member of the
retirement system for the duration of his City employment". This provision recently
came into play when the former Fire Marshal assumed the position of Director of
Inspections. The current ordinance does not, however, specify the benefits or
contributions pertaining to an affected employee. Attached is a technical
correction ordinance intended to address this matter. If provides that the
contributions and benefits will be the same as if the member had not left
employment with the Police or Fire Departments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None. The position was budgeted with the pension
benefits accorded to a Fire Department position.
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Larson to table
this item and refer to Legislative Policy Committee meeting and bring back with
their recommendation.
ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
Nays: None
MOTION PASSED
b. Option to Purchase Buildable Large Vacant Lots in Jackson Hill
Neighborhood for Finlay Properties. Inc. for Senior Housing
Development. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve an option agreement between the City of
Muskegon and Findlay Properties, Inc. for two large parcels of vacant land in
Jackson Hill Neighborhood (designated as parcel numbers 24-205-020-0008-00
and 24-205-0019-0012-20) as described as:
Parcel No. 1: CITY OF MUSKEGON REVISED PLAT OF 1903 S 44 FT LOT 7 ALL LOT 8 & 9
& THAT PART OF LOT 10 LYING W OF MCLAREN ST BLK 20 ALSO LOTS 2 & 3 BLK 21
ALSO LOTS 4 & 5 BLK 22 S OF SUMNER AVE.
Parcel No. 2: CITY OF MUSKEGON REVISED PLAT OF 1903 S 108.35 FT LOT 9 ALL LOT
12 EXC N 99 FT OF E 132 FT OF LOT 12 BLK 19 ALSO THAT PART OF LOT 10 BLK 20
LYING E OF MCLAREN
FINANCIAL IMPACT: The sale of these lots for construction of a senior housing
development 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 RXEQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said option agreement.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC)
recommended approval of the sale of this property to Findlay Properties, Inc. for a
senior housing development at their February 26, 2002 meeting.
Motion by Commissioner Schweifler, second by Commissioner Spataro to
approve the option agreement between the City of Muskegon and Findlay
Properties, Inc., for two large parcels of vacant land in Jackson Hill Neighborhood
described In the updated legal description and approve the resolution to
authorize both the Mayor and the Clerk to sign said option agreement.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
MOTION PASSED
c. Contract for Payments In Lieu of Taxes for Finlay Properties. Inc.
Housing Development - Jackson Hill. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for the
Finlay Properties, Inc. development (see map) has been requested in accordance
with Section 2-6 of the City Code of Ordinances. Members of Finlay Properties,
Inc. have met with City staff, as well as members of the Jackson Hill Neighborhood
Association. The Association has been very supportive of their project.
FINANCIAL IMPACT: Payments under the contract are recommended to be four
percent (4%) of the highest contract rents for all eligible units, whether occupied
or not.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City Commission approve
the Contract and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve
contract providing for payments in lieu of taxes for the Finlay Properties, Inc.
housing development, and authorize the Mayor and Clerk to sign contract.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
2002-34 NEW BUSINESS:
a. Arena Compressor Donation. LEISURE SERVICES
SUMMARY OF REQUEST: To donate the old arena compressor to The Winter Sports
Complex.
FINANCIAL IMPACT: The City purchased the compressor for about $50,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMEDATION: Approve, pending determination of possible city use of
the compressor.
COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
Motion by Commissioner Larson, .second by Commissioner Spataro to
approve the old arena compressor be leased to the Winter Sports Complex for the
price of $1.00 (one dollar) per year, and that the Complex be responsible for the
insurance and maintenance of the compressor.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSED
b. Tentative Agreement Reached with SEIU 517M. Unit 2. ASSIST ANT
CITY MANAGER
SUMMARY OF REQUEST: Staff recommends approval of the set of tentative
agreements reached with Unit 2 of the Service Employees International Union
(SEIU) 517M on January 24, 2002. Tentative Agreements were ratified by the union
at a meeting held last night, February 27, 2002.
FINANCIAL IMPACT: The overall financial packet is little over 12% of payroll. The
packet includes four major economic agreements.
Wages: Contract Years: 2002 2003 2004
3% 3% 3%
Multiplier: Increased from 2.1 % to 2.25% effective l /l /02
Longevity: Years of Service §. 10 15 20 25
% of Base Pay ($15,000) 2% 4% 6% 8% · 10%
Effective 1/1 /03
Dental Plan: Increased Orthodontic Maximum from $1000 to $1500 effective l /1/02
BUDGET CHANGE: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve tentative agreements reached with Unit 2 of the SEIU 517M on January 24,
2002.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
Nays: None
MOTION PASSED
c. Seaway Industrial Parle Development Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a development agreement with Robert
Grooters Development Company for the sale of property in the Seaway Industrial
Park and the creation of a Renaissance Zone for the project.
FINANCIAL IMPACT: The City would receive income taxes from the development.
The development would be exempt from property taxes if a renaissance Zone is
created.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the development agreement.
City Manger stated there is no agreement at this time and no motion
occurred.
d. Discussion and authorization for staff to appeal the decision by
Historic District Commission regarding the demolition of 1121 and
1129 Peck St. INSPECTIONS SERVICES
SUMMARY OF REQUEST: These two properties were declared dangerous buildings
by the Housing Board of Appeals in January and February 2002 respectively.
Because these properties are located within a historic district, they were
presented to the Historic District Commission for their concurrence on March 5,
2002. The HDC denied the request to demolish or forward to the City Commission
for your concurrence.
Staff is requesting that City Commission discuss the issue and if it is found to be
appropriate authorize staff to appeal the HDC decision to the State Historic
Preservation Office and possibly 141h Circuit Court to overturn the decision.
A copy of the file is attached for background information. Other pertinent
information includes the following:
• The city has boarded both structures on four occasions.
• The cost for rehabilitation is approximately $100,000 for each structure.
• Evidence was found in both structures that entry had been made and fires
started in the fireplaces.
STAFF RECOMMENDATION: Authorize staff through the City Attorney to pursue an
appeal of the HDC decision.
Motion by Commissioner Spataro, second by Commissioner Larson to
authorize staff to pursue appeal of the decision by the Historic District Commission
regarding the demolition of 1121 and 1129 Peck St.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington
Nays: None
MOTION PASSED
2002-35 PUBLIC PARTICIPATION:
Various comments were heard from local citizens.
2002-36 CLOSED SESSION: To discuss property acquisition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to go
into closed session at 7:38pm to discuss pending litigation.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Vice Mayor Buie to return to
open session at 8:14pm and proceed with the acquistion of the Mall parking lot.
ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 8: 14 pm.
Respectfully submitted,
Gail Kundinger. CMC/ AAE
City Clerk
Commission Meeting Date: Mach 12, 2002
Date: March 5, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Contractors for fiscal year
2002-2003
SUMMARY OF REQUEST: To accept Community and Neighborhood
Services department selections of three contractors for the siding
program during the 2002 - 2003 year. After reviewing all the bids
received, the department has selected the three lowest bidders at an
agreed upon price of $75.00 (seventy-five dollars) per square. Those
selected were Lewis Johnson Construction - Grand Haven, Cutting
Edge Construction - Muskegon Township and Gawlick Construction -
Fruitport Township.
FINANCIAL IMPACT: Funding will be disbursed from the 2002 - 2003
CDBG Paint and Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: March 12, 2002
Date: March 5, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department W ·G
RE: Selection of Siding Supplier for fiscal year 2002 -
2003
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services department selection of the vinyl siding supplier for fiscal year
2002 - 2003. After reviewing all bids, the department selected the
lowest bid by Premier Building Supplies located at 2151 S. Harvey -
Muskegon for the price of $37.50 (thirty-seven dollars and fifty cents) per
square for white and $38.64 (thirty-eight dollars and sixty-four cents) per
square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2002 - 2003
Paint and Siding fund.
BUDGET ACTION REQUIRED: None required at this time
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: March 12, 2002
Date: March 5, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department W ·G
RE: Purchase of 503 Octavius
SUMMARY OF REQUEST: To approve the purchase of the property
located at 503 Octavius (City of Muskegon revised plat of 1903 N1/2 Lot
9 and S1/2 Lot 10 Block 149) from Bermunda LLC (formally known as
GMAS Mortgage) 4 Corporate, Shelton Connecticut for the price of
$4,500.
If approved, CNS will accept bids to rehabilitate the structure at 503
Octavius and later sold to a qualified low/moderate-income family which
would return the house to the tax roll and eliminate its blighting influence
on the neighborhood.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City's 2001- 2002 HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
REAL ESTATE PURCHASE AGREEMENT
2002-JO(d)
THIS AGREEMENT is effective on 2-14-2002, by and between Bermuda LLC,
(formerly known as GMAC Mortgage) 4 Corporate Shelton Connecticut 06484, ("Seller"), and
the City of Muskegon, a Michigan municipal corporation, with offices at 933 Terrace Street,
Muskegon, l\tll 49442 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer
agrees to buy, marketable record title ofreal 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 at 503 Octavius in the City of Muskegon, County of
Muskegon, State of Michigan, and legally described as:
City of Muskegon revised Plat of 1903 Nl/2 Lot 9 Sl/2 Lot 10 block
subject to the reservations, restrictions, and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of
the same, and subject to any governmental inspections required by law.
2. Consideration and Manner of Payment. In exchange for a warranty deed from
Seller to Buyer, Buyer shall pay $4,500 at closing, and shall tal,e the property in order to be
used in the City's Neighborhood Revitalization program at a later date.
3.
4. Taxes and Assessments. All taxes and assessments due and payable at the time of
Closing, including the December, 2000, and December, 2001, tax bill shall be paid by Seller
prior to or at Closing. All taxes and special assessments that become due and payable after
Closing, excluding the December 2001, tax bill shall be the responsibility of Buyer.
5. Title Insurance. Buyer shall obtain a commitment for title insurance issued by
Harbor Title, for an amount not less than the purchase price guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements ofrecord
disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have thirty (30) days from the date Seller is notified, in writing, of such
unreasonableness of restriction and such unmarketability of title to remedy such objections.
If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title
insurance or otherwise) within the time specified, Buyer agrees to complete this sale, as
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified, or fails to obtain
satisfactory title insurance, this Agreement will be terminated, at Buyer's option. The
premium for the owner's title policy shall be paid by Buyer.
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
C:IWINDOWSITEMP\9U7887.DOC
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 Agreement, and paying the cost of such survey.
Buyer may elect to purchase the Premises subject to said encroachment or variation.
7. Personal Property and Fixtures. All personal property and fixtures, which Seller
wishes to remove, shall be removed on or before Closing. Any personal property left on the
Premises shall be the property ofBuyer, who may dispose of same.
8. Environmental Matters. Seller represents and warrants to Buyer that Seller has not
disposed of any hazardous or toxic substances on or in the Premises. Such representation and
warranty shall be deemed to have been made again by Seller as of the Closing. Seller agrees
to indemnify Buyer and hold it harmless from and against any and all claims, demands,
liabilities, costs, expenses, penalties, damages, and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranty set
forth in this paragraph, which representation and warranty shall survive the Closing.
9. 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 is taken "as is,"
subject to the express covenants, conditions and/or express warranties contained in this
Agreement, also subject to the warranty of Seller that no hazardous substances have been
placed on the premises. Buyer further says that it 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 except for express warranties.
10. Real Estate Commission. Buyer acknowledges that it has not dealt with any real
estate agents, brokers or salesperson regarding this sale, and no agent, broker, salesperson or
other party is entitled to a real estate commission upon closing of this sale from the buyer.
11. Closing. The closing date of this sale shall be on or before 60 days following the
effective date of this Agreement ("Closing"). The Closing shall be conducted at the closing
facilities of Harbor Title, 955 West Broadway, Muskegon, MI 49441, or at such other place
as may be mutually agreed upon between the parties.
12. Delivery of Deed. Seller shall execute and deliver a special warranty deed to Buyer
at Closing for the Premises.
13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit
of Title.
C:IWINDOWSITEMP\9U7887.DOC
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on
the date of Closing.
15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law and to pay for the obtaining and recording of any instrument, which must be
recorded to clear title to the extent, required by this Agreement, one-half of the closing fee,
and the title insurance premium. Buyer shall pay for the cost of recording the warranty deed
to be delivered at Closing and one-half of the closing fee. Each party shall pay their own
attorney fees.
16. 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 the 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.
£ 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, and continue until all liabilities of Buyer
have been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
i. Third-Party Beneficiaries. There are no third-party beneficiaries of this
Agreement.
C:IWINDOWSITEMP\9U7887.00C
'.•
WI'l'NESSP.S: SELLER- GMAC Mortgage
ComultJng, a col:IISll.l111t1trr1
G
()a Ct..
By_ _~-------M--
Jame.s R. Bric.ker, Its Representative
Vollmer Inc Realtor
On: ______,2002
By_ _ _ _~ - - - - -
On: -------->2002
BUYER: CIT\' OF MUSKEGON,
Michigan muni · al c:
Prepared by:
John C. Schrier
PMmenter O'Tool.e
175 W. Apple Avenue
P.O. Box 786
Muskegon,Ml 49443•0786
Telephone! 23 t/722".S40J.
Q:'1CN$\GrlfflnlW01Cl\803 O!M~IJl.doo
so ·d LS:v lOOl 8l qaJ NOlAcJlJ
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Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Request to Fly the Irish Flag.
SUMMARY OF REQUEST: The Irish American Society of Muskegon
requests permission to fly the Irish Flag outside City Hall on Saturday,
March 16, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
February 27, 2002
Bryon L. Mazade
City Manager
933 Terrace Street
Muskegon,MI49440
Dear Sir,
The Irish American Society ofMuskegon requests permission to again fly
the Irish Flag outside the City Hall on Saturday, March 16, 2002, the day
before the feast day of St. Patrick, the patron Saint of Ireland.
We would like to gather at noon to raise the flag. The entire activity takes
approximately ten minutes.
Please inform me if the above request is granted. We appreciate the past
cooperation of the City of Muskegon.
Sincerely,
~H~
Jeanne L. O 'Brien
Secretary
8985 Lakeshore Drive
West Olive , MI 49460
RECEIVED
FEB 2 8 2Q02
M USltl!UON
CltY MANAGER'S
--------·-~·- -
OFF.IC~
CITY OF MUSKEGON
FLAG PLACEMENT POLICY
2001-139(b)
A. Purpose
To provide a procedure to consider requests to the City to fly flags on City owned
or occupied property or facilities (herein ''City property"). The flying of the
United States of America, State of Michigan, the County of Muskegon and the
City of Muskegon flags are exempt (except as set forth herein), from this policy
and can be flown on City property or at City property by authorized City
employees or officials.
B. City Control of Flag Placement.
Except as permitted by the City Commission or City staff members with
authority, no flag, including "exempt" flags shall be placed on City property by
any person except authorized city employees or officials. The procedures and
standards set forth in this policy document shall govern the City's decision to
permit or deny permission to have a particular flag flown or displayed on City
property.
The flying of flags on City property is peculiarly within the prerogatives of the
City. Flags which are permitted to be flown on City property have the effect of
representing to the co=unity the City's support for the organization or point of
view which is represented by the flag. The City reserves the right to refuse or
terminate the flying of any flag for the reason that unintended endorsements by
the City shall not result from this policy. It is this concern, together with the
City's acknowledgement that the flying of flags is a form of speech, which shall
guide the City in administering this policy.
C. Review Process. The Procedure.
l. Request
A request to fly a flag( s) must be submitted in writing to the City Clerk at
least 30 days prior to when the flag is proposed to be raised. The request
shall state in writing:
a.. All the reasons for the request.
b. Describe and display the flag, which shall not be changed in the
event permission is given.
G:\EDSI\FILES\00100\085011 \RESOLU1\9V6160.DOC
c. State the name, address, and the names and addresses of all the
officers, of the organization submitting the request. Indicate the
legal form of organization, and the name and address of the contact
person who shall be responsible for the flag's condition and
presentation.
d. State the period for which the flag is requested to be flown.
e. The desired location. (Locations shall be determined by the
City based on availability and ability to display the flag without
infringing on the display by others, including the City itself).
2. City Staff Review
The City staff will review the request and make a recommendation to the
City Commission based on the following:
a. Appropriateness of the organization and the flag. Flags which
support illegal activities, take political positions or support
candidates for any office, advocate against City policies or involve
obscene language, symbols or activities are prohibited.
b. The number of other flags already approved.
c. The availability oflocations.
d. The time period during which the flag shall be permitted to be
flown on City property. No permission shall be given for
permanent flag placement. In the event an applicant desires a
longer time period than that granted, renewal applications shall be
submitted at least 30 days before the end of the initial period in
order to afford the City Commission opportunity to decide on the
extension.
D. City Commission Consideration and Decision.
The City Commission will consider the request after the review and
recommendation from City staff. The City Commission will consider the
determination of City staff when making their decision as well as any
other criteria they deem appropriate, to the extent that the criteria are
legally and constitutionally supportable. In the event a request is denied by
the Commission, a decision with the reasons set forth shall be adopted at
the time of the refusal, and set forth in the minutes in writing as part of the
motion (or resolution) adopted.
G:\EDSI\FILES\0010010850 l l lRESOLU1\9V6160.DOC
E. Grant by City Commission; Location and Term
Any request that is approved will be accomplished by City Commission
resolution that will include the specific location(s) where the flag(s) can be flown
and the time period for which the request is granted.
Policy regarding term of the permission: No permanent permission shall be
granted. The City's policy is to favor shorter term flying periods to accommodate
a reasonable number of requests and avoid unintended endorsements which can
arise not only by the message of the flag itself, but also by the duration a flag is
flown other than flags of the City, County, State and the United States.
Applicants are encouraged to apply for periods of display which are shorter, as
stated above. However, the Commission will.consider periods up to one year for
flags which represent long term or continuing organizations, activities or public
(non-political) concerns. More typical will be permission granted for periods of a
week to thirty days.
The term of any permission granted shall be subject to the City's determination to
fly another flag in the location of and instead of the permitted flag in a time of
emergency or of critical public concern.
F. Flag Maintenance
It shall be the responsibility of the requesting organization to maintain the flag(s)
in good repair. Failure to do so will result in revocation of the permission to fly
the flag( s). The City shall afford access to the flag for repair and maintenance.
G. Revocation
The City Commission shall have the sole discretion to revoke the permission to
fly a flag permitted under this policy for whatever reasons they deem appropriate
and which are legally and constitutionally supportable. Claims made by any
person to whom permission has been granted concerning the import of the City's
permission to fly a flag which are not intended or acceptable to the City shall be,
without limitation, grounds for revocation without notice.
Any revocation of permission before the term permitted has expired shall be
accomplished by the City removing the flag and notifying the applicant to come
to the City's offices to retrieve the flag or flags removed. In such case the City
shall indicate by written memorandum delivered to the applicant the reason(s) for
revocation.
G:\EDSI\FILES\00I00\085011 \RESOLUTl9V6 l 60.DOC
2001-139(b)
CERTIFICATION
This policy was adopted at a regular meeting of the City Commission, held on November
27, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
0
By____,,~CG~ru~'l~~~.K-~un~ilin~.~~-er-,C-1~.~~C~l~er~~~~'--"-----
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
Clty Manager
(231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
ClvllService
(231)724-6716
FAX: (231)7244405
Clerk
(231)724-6705
FAX: (231)724-4178 Jeanne L. O'Brien
Community and Irish American Society
Neigh. Services
(231)724-6717
8985 Lakeshore Drive
FAX: (231)726-2501 West Olive, MI 49460
Computer Info.
Systems Dear Ms. O'Brien:
(231)724-6744
FAX: {231)722-4301
Engineering Dept.
The City Commission met Tuesday, March 12, 2002, and approved your
(231)724-6707 request to fly the Irish Flag outside City Hall on Saturday, March 16,
FAX: (231)727-6904
2002.
Finance Dept,
(231)724-6713
FAX: (231)724-6768 If you have any questions, please call me at (231)724-6705.
Fire Department
(231)724-6792 Thank you,
FAX: (231)724-6985
Income Tax
(231)724-6770
FAX: (231)724-6768
Linda Potter
Inspection Services
(231)724-6715 Deputy City Clerk
FAX: (231)728-4371
Leisure Services
(231)724-6704
FAX: (231)724-1196
Mayor's Office
(231)724-6701
FAX: (231)722-1:214
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Police 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, MI 49443-0536
www.shorelinecity.com
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: March 6, 2002
SUBJECT: Aggregates, Highway Maintenance Materials and Concrete
SUMMARY OF REQUEST:
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc.
Award bid to supply 20AA and 3 IA bituminous asphalt to Asphalt Paving, Inc.
Award bid to supply polymer modified anionic asphalt emulsion to Koch Materials Company.
Award bid to supply sylvax-patching material to Asphalt Paving, Inc.
Award bid to supply HI and H2 limestone chip blend to Verplank Trucking Company.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to High Grade Concrete contingent upon product availability,
timely deliveries, and prices as quoted.
FINANCIAL IMPACT:
$149,670 based on 2001 usage at 2002 quotes.
BUDGET ACTION REQUIRED:
None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION:
A flirmal i\'l' Aclion
23 I / 724-(,7113
FAX/722- 12 1-1
AssL·Ssur
23 l/72H,708
FAX/726-5 1RI
Cl'ml'll'ry
23 1/724-6783
FAX/72(,-% 17
C i\'il Sl'r \'in·
23 I /72-1-67 I 6
FAX/724--1055 West Michigan's Shoreline City
Cieri<
23 I1724-67IJ5
FAX/72-1--1 178
To: The City Commission Through The City Manager
From: Robert H. Kuhn, Public Works Director
Co111111. & Nrigh.
Scn ·it ('S Date: March 6, 2002
23 1/724-67 17 Subject: Aggregates, Highway Maintenance Materials, and Concrete
FA X/726-2511 1
Eng inci:r ing
23 I/72-1-6 707
FAX/727-690-1 Requests for bids to provide road maintenance materials were solicited in The Chronicle and
Financc-
from known vendors. It is recommended that the vendor in bold print supply Public Works
23 I172-1-67 13 with product as needed in 2002. Moneys have been appropriated for these purchases.
F,\ X/72-1-6768
Fino De p t.
85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2001)
23 1/7H -6792
FAX/72 -1-6985 Liquid Dustlayer, Inc. $0.39 per gallon, spread or delivered
l11 cumcT:n
23 1/724-6770 15,000 gallons Calcium Chloride 32% (winter salting) ($0.26 in 2001)
FAX/724-6768
Liquid Dustlayer Inc. $0.34 per gallon, delivered (stored)
Ju fo. Sy."i lclll S
23 I /72 -1-67-14
FAX/722-H OI 200 ton Bituminous Asphalt 4:12, 20AA MDOT spec ($35.00 in 2001)
Lds url' Service
Asphalt Paving, Inc. $35.00 per ton, picked up
23 I /72'1-6711-1
FAX/72-1-1196
1,000 ton Bituminous Asphalt 4: 12, 3 lA MDOT spec ($35.00 in 2001)
i\ l anagc- r's O ffice Asphalt Paving, Inc. $35.00 per ton, picked up
23 1/72-1-6724
FAX/722- 12 1-1
i\layo r ':-. Office
15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
23 I /72 -1-670 I 8.16.04 MDOT spec ($0.93 in 2001)
FAX/722- 12 14
Koch $0.78 per gallon, pick up Grand Rapids
Nl'i~h. & C onst.
Sc rv icL'S
23 1/724-67 15 500 ton Sylvax Patching Material, ASTM spec C-136-#9 ($59.00 in 2001)
FAX/7U,-2511 I
Asphalt Paving, Inc. $58.75 per ton, delivered
J>l a1111i11g/Zo11i11l! Rieth-Riley Construction Co. $59.00 per ton, delivered
23 1/72-1-6 702
FAX/72-1-6790
500 ton Hl & H2 Limestone Chip Blend ($9.65 in 2000; none purchased in 2001)
Po lice DcpL
23 I /72-1-6750 Verplank Trucking Co. $9.88 per ton, delivered
F,\ X/7 22-51-10
P11l>lic \V urks 9,000 ton Road Slag 22-A Natural ($8.82 in 2001)
23 1/72-1--1 I 110
FAX/722--1 188
Verplank Trucking Co. $8.65 per ton, delivered
Meeld1ofs Lakeside Dock $9.45 per ton, delivered
T reasurer
2J I /72-1-6720
FA X/72-1-6768 Concrete mix as needed (7 Sack Mix $71.73 in 2001)
Wale r Billing Dept. High Grade Concrete Prod. $65.76 per cubic yard, 7 Sack Mix, delivered*
23 1/72-1-6 718
FAX/72-1-6768
Port City Redi-Mix $74.00 per cubic yard, 7 Sack Mix, delivered
Consumers Concrete $76.00 per cubic yard, 7 Sack Mix, delivered
\\'atl' r Fil traliu n
231 /72-1--1106
FAX1755-5290
Depa rtm e nt of Public Wo rks , 1350 E. Kea tin g, M uskegon, Ml 49442
The City Commission Through the City Manager
Page 2
March 6, 2002
Calcium Chloride 38% (road brine)
Year 2001 purchase 60,457 gal X $0.39 = $23,578
Year 2002 bid 60,457 gal X $0.39 = $23,578
Calcium Chloride 32% (winter salting)
Year 2001 purchase 4,022 gal X $0.26 = $1,046
Year 2002 bid 4,022 gal X $0.34 = $1,367
Bituminous Asphalt 4: 12, 20AA MDOT spec
Year 2001 purchase 88 ton X $35.00 = $3,080
Year 2002 bid 88 ton X $35.00 = $3,080
Bituminous Asphalt 4: 12, 3 lA MDOT spec
Year 2001 purchase 660 ton X $35.00 = $23,100
Year 2002 bid 660 ton X $35.00 = $23,100
Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion) 8.16.04 MDOT spec
Year 2001 purchase 13,004 gal X $0.93 = $12,094
Year 2002 bid 13,004 gal X $0.78 = $10,143
Sylvax Patching Material, ASTM spec C-136-#9
Year 2001 purchase 307 ton X $59.00 = $18,113
Year 2002 bid 307 ton X $58. 75 = $18,036
HI & H2 Limestone Chip Blend
Year 2000 purchase 418 ton X $9.65 = $4,034
Year 2001 purchase 0
Year 2002 bid 418 ton X $9.88 = $4,130
Road Slag 22-A Natural
Year 2001 purchase 4,282 ton X $8.82 = $37,767
Year 2002 bid 4,282 ton X $8.65 = $37,039
Concrete Mix (various densities utilized; 7 Sack Mix predominate and reflected here)
Year 2001 purchase 444 cubic yards X $71.73 = $31,848
Year 2002 bid* 444 cubic yards X $65.76 = $29,197
*Contingent upon product availability, timely deliveries, and prices as quoted.
(L/DPW/Bids/2002 Aggreg ... )
Date: March 6, 2002
To: Honorable Mayfr and City Commissioners
From: Ric Scott ~,11-·
RE: Irrigation Parts Bids
SUMMARY OF REQUEST:
To purchase repair parts for our TORO irrigation systems
FINANCIAL IMPACT:
$10,028.68
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231 /724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
231 /724-6783
FAX/726-5617
Civil Service
231/724-67 I 6
FAX/724-4405 West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
Date: March 6, 2002
Comm. & Neigh.
Services
23 I /724-6717
To: Honorable ~W' ~ City Commissioners
FAX/726-2501
Engineering
From: Ric Scott /7'~
231/724-6707 Re: Irrigation Parts Bids
FAX/727-6904
The City of Muskegon has many miles of irrigation
Finance
231/724-6713
systems within the parks and cemeteries throughout the
FAX/724-6768 city. All of the systems are TORO. Annually we
Fire Dept. purchase replacement parts for the systems. This year,
231/724-6792 the total cost of the replacement parts is $10,028,68.
FA X/724-6985
Income Tax
The only distributor of TORO parts in western Michigan
231 /724-6770 is Spartan Distributors. Consequently, we can't bid out
FAX/724-6768
the parts. Therefore, this is a sole source bid.
Info. Systems
231/724-6744 I am requesting authorization to purchase $10 ,028.68 of
FAX/722-4301
TORO irrigation parts from Spartan Distributors for our
Leisure Service various irrigation systems. Money is budgeted within
231/724-6704
FAX/724-1196
the Parks and Cemetery budgets for this purchase.
Manager's O fnce Thank you for your consideration .
231 /724-6724
FAX/722- 12 I 4
Mayor's Ofnce
23I/724-6701
FAX/722-1214
Inspection Services
231/724-6715
FAX/726-250 I
Plnnnlng/Zonlng
231 /724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4 188
Treasurer
231 /724-6720
FAX/724-6768
Waler Billing Dept.
231/724-6718
FAX/724-6768
Waler Filtration
231/724-4 106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
2002 Sidewalk Replacement Program
SUMMARY OF REQUEST:
The 2002 Sidewalk Replacement contract be awarded to North River Excavating out of
Newaygo. North River was the lowest, see attached bid tabulation, responsible bidder
with a bid price of $207,730.28.
FINANCIAL IMPACT:
The construction cost of $207,730.28 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to North River Excavation
COMMITTEE RECOMMENDATION:
engineer's estimate
SIDEWALK PROGRAM 2002 H-1535 ENGINEER'S ESTIMATE
ITEM OF WORK UNIT QUANTITY UNIT COST TOTAL PRICE
1 BORROW FILL CUYD 50 $15.00 $750.00
2 CEMENT TON 10 $150.00 $1,500.00
3 CONCRETE CURB,6" X 14" L FT 100 $18.00 $1,800.00
4 CONCRETE CURB & GUTTER, AS DIRECTED L FT 50 $20.00 $1,000.00
5 CONCRETE DRIVE APPROACH, 6" SQYD 145 $27.00 $3,907.44
6 CONCRETE SIDEWALK, 4" SQFT 42,708 $2.85 $121,716.38
7 CONCRETE SIDEWALK, 6" SQFT 1,045 $3.35 $3,500.75
8 CONCRETE SIDEWALK RAMP,TYPE I OR TYPE Ill SQFT 1,890 $3.65 $6,898.50
9 EXCAVATION CUYD 74 $10.00 $740.00
10 REMOVING CONCRETE CURB LFT 50 $5.00 $250.00
11 REMOVING CONCRETE CURB & GUTTER LFT 172 $10.00 $1,720.00
12 REMOVING CONCRETE DRIVE APPROACH SQYD 145 $10.00 $1,447.20
13 REMOVING CONCRETE SIDEWALK SQFT 47,201 $1.30 $61,361.30
14 ROOT CUTTING FORS. W. INSTALLATION, 10"- 20" TREES EACH 150 $25.00 $3,750.00
15 ROOT CUTTING FOR SW. INSTALLATION, 20"- 30" TREES EACH 150 $50.00 $7,500.00
16 ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30" EACH 50 $75.00 $3,750.00
TOTAL $221,591.57
Engineering Cost 20% $44,318.31
ESTIMATED PROJECT TOTAL $265,909.88
H-1535 SIDEWALK REPLACEMENT PROGRAM 2002
BID TABULATION
E&K CONSTRUCTION OF
HOLLAND JORDAN SMITH CONTRACTORS NORTH RIVER EXCAVATING INC LINK CONTRACTORS MUSKEGON QUALITY BUILDERS
ITEM OF WORK UNIT QUANTITY UNIT COST TOTAL PRICE UNIT COST TOTALPRJCE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
1 BORROW FILL CUYD 50 $15.00 $750.00 $10.00 $500.00 $10.00 $500.00 $10.00 $500.00 $5.60 $280.00
2 CEMENT TON 10 $170.00 $1,700.00 $100.00 $1,000.00 $125.00 $1,250.00 $110.00 $1,100.00 $98.60 $986.00
3 CONCRETE CURB.El" X 14" LFT 100 $18.00 $1,800.00 $20.00 $2,000.00 $16.00 $1.600.00 $16.00 $1,600.00 $15.34 $1,534.00
4 CONCRETE CURB & GUTTER, AS DIRECTED LFT 50 $20.00 $1,000.00 $25.00 $1,250.00 $16.00 $800.00 $18.00 $900.00 $15.34 $767.00
5 CONCRETE DRIVE APPROACH, 6" SQYD 145 $28.00 $4,060.00 $27.00 $3,915.00 $50.00 $7,250.00 $24.00 $3,480.00 $41.57 $6,027.65
6 CONCRETE SIDEWALK, 4" SOFT 42,708 $2.39 $102,072.12 $2.75 $117,447.00 $2.56 $109,332.48 $2.60 $111,040.80 $2.92 $124,852.57
7 CONCRETE SIDEWALK. 6" SOFT 1,045 $3.05 $3,187.25 $3.00 $3,135.00 $9.00 $9,405.00 $3.10 $3,239.50 $4.62 $4.827.90
8 CONCRETE SIDEWALK RAMP.TYPE l OR TYPE Ill SOFT 1,890 $3,50 $6,615.00 $3.00 $5,670.00 $4.00 $7,560.00 $3.50 $6,615.00 $2.93 $5,537.70
9 EXCAVATION CUYD 74 $20.00 $1,480.00 $10.00 $740.00 $10.00 $740.00 $12.00 $888.00 $6.72 $497.28
10 REMOVING CONCRETE CURB L FT 50 $16.00 $800.00 $6.00 $300,00 $6.00 $300.00 $5.00 $250.00 $11.20 $560.00
11 REMOV!NG CONCRETE CURB & GUTTER L FT 172 $13.50 $2,322.00 $6.00 $1,032.00 $6.00 $1,032.00 $9.00 $1,548.00 $13.44 $2,311.68
12 REMOVING CONCRETE DRIVE APPROACH SQYD 145 $15.00 $2,175.00 $1.50 $217.50 $10.00 $1,450.00 $10.00 $1,450.00 $5.60 $812.00
13 REMOVING CONCRETE SIDEWALK SOFT 47,201 $1.58 $74,577.58 $1.45 $68,441.45 $0,80 $37,760.80 $1.25 $59,001.25 $1.40 $66,081.40
14 ROOT CUTTING FORS. W. INSTALLATION. 10"· 20" TREES EACH 150 $25.00 $3,750.00 $25,00 $3.750.00 $50.00 $7,500.00 $35.00 $5,250.00 $11.20 $1,680.00
15 ROOT CUTTING FOR SW. INSTALLATION, 20"· 30" TREES EACH 150 $50.00 $7,500.00 $35.00 $5,250.00 $75.00 $11.250.00 $50.00 $7,500.00 $12.32 $1,848.00
16 ROOT CUTTING FORS. W. INSTALL.ATION. TREES OVER 30" EACH 50 $100.00 $5.000.00 $45.DO $2,250.00 $200.00 $10.000.00 $70.00 $3,500.00 $13.44 $672.00
.
TOTAL $218,788.95 . $216,897.95 $207,730.28 $207 862.55 $219,21s:1s
SW2002 910 TABULATIONL.>:ls12/111/023:11 PM
-·
FROM NORTH RIVER EXCAVATING INC. PHONE NO. 12318457170 Mar. 02 2002 10:52AM Pl
PHONE (231) 84~7H0. FAX (231) ·1345-1,110:
Nl)l;ffll)ltfl)ff£4J"A•i, "71NC. •
9918 North River Rd.
Newaygo, Mlchlpn
49337
Numilerof lNIIS I 3
Dalt: 03-04-02
Frvm I Don Mckay
To I Mohammad AI-Shatel
Carqiany, City of Muskegon
Sul,lla, 2002 Sidewalk Program
Mohammad:
I am so sorty that it took me so long to get this to you, I did not forget
about it.. ... honestly. I would hope that with the cover letter, references,
the knowledge that you have of my crew and myself and the well known
subcontractor that we are going to use, that it would be enough to
persuade the board of commissioners to award the contract.
We would greatly appreciate any help you could give us in this matter.
S~iner~ ~
I '
'./t;YJ--IC
Don Mckay
North River Excavatino. Inc.
FROM NORTH RIVER EXCAVATING INC. PHONE NO. 12318457170 Mar. 02 2002 10:53AM P2
NORTH RIVER EXCAVAtlNG, _IN_C_._ _ _ _ _ _ _ __
March 4, 2002
City of Muskegon Board Members:
We at North River Exca'l'ating, Inc. are honored to be considerod fur the 2002 sidewalk
program. We are a 6 year old eotablished company with an excellent record of excavating,
concrete and electrical work. We are prequalified witb. the Micliigan Department of
Transportation and have a contract witb. !hem in the City of Muskegon to be completed
in the laU of 2002. This contract includes, rttnovals, excavation, aggbase, concrete work
and restoratlon items.
The majority of the workers that wlll be on this project, although empl()yed by a different
contractor at the time, have worked for the City before on contracts such as the 1996 sidewalk
program, three different road projects on Laketon Avenue, road and sidewalk projects for
the Cities of Muskegon Heights and North Muskegon. Our supervisor, Don Mckay has over
thirty years experience in all phases of road, sewer and concrete work.
At the time of the bid opening, we had not yet recieved all of the subcontractor quotes for
this project. We would like to name E & K Construction Co. of Holland as our subcontractOr
on this project.
We at North River Excavating, Inc. take pride in being able to provide quality workmanship
as per specilkations, within budget and on time. We thank. you for your consideration and look
forward to working with the City of Muskegon on this project
FROM NORTH RIVER EXCAVATING INC,
-·
PHONE NO. 12318457170 Mar. 02 2002 10:53AM P3
NORTH R_~VER EXCAVATING, INC.
March 4, 2002
Requested References.
Kent Power Company
90 Spring St.
Kent City, Mi. 800-743-5368
Bob Davies 616-240-3042
Jim Davies 616-550-5328
Lynn Woolard 616-437-0626
Type of work preformed; Excavation, aggregate, concrete foundation and finish work, restoration.
The Hydaker Wheatlake Company
420 Roth
P.O. Box 147
Reed City, Mi.
Dave Bradley 231-206-5166
John DeVol 800-600-2258
Type of work preformed: Excavation, aggregate, concrete foundation work and re,,'tOration.
Gem Engineering
Rob Johnson 281-352-8244
Type of work preformed: Excavation, a ~ , cona-ete slab and roundatlon work, electrial
and restoration.
Commission Meeting Date: March 12, 2002
Date: March 1, 2002
To: Honorable Mayor and City Commissio~
From: Planning & Economic Development ~
RE: -
Rezoning request for property located at 565 Mulder Ave.
and 557 McLaren St.
SUMMARY OF REQUEST:
Request to rezone property owned by the City of Muskegon, located at 565 Mulder
Ave. and 557 McLaren St., from R-1, Single-Family Residential and OSR, Open Space
Recreation to either RT, Two-Family Residential or RM-1, Low-Density Multiple-Family
Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request, to rezone the property to RT.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request to rezone the
property to RT at their 2/28 special meeting. The vote was unanimous, with J.
Aslakson and M. Kleaveland absent.
3/1/2002
Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Recommendation for Annual Renewal of Liquor
Licenses
SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 5-270 and 5-271 of the Code of Ordinance for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 31, 2002, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the
Code of Ordinances of the City of Muskegon:
SEE ATTACHED LIST OF VIOLATIONS
AND WHEREAS, a hearing was held on March 12, 2002, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing ofNotices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 31, 2002, they will be removed
from this Resolution.
Approved and adopted this 12'h day of March, 2002.
AYES:
NAYS:
ABSENT:
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
BUSINESS BUSINESS OCCUPANCY REGISTRATION APPLICATION MONEY INCOME BUSINESS
NAME ADDRESS PERMIT FEE FORM DUE TAX REG.
Rite Aid 821 Apple X X
Moose 491 2330 Barclay X
Beach St. Inn 1601 Beach X X
Westside Inn 1635 Beidler X
Clover Bar 817 Forest X X X
Harbour Towne Yacht Club 3425 Fulton X X X
Pat's Roadhouse 157 Getty X
Tom's Drink All 1500 Getty X X
Pop-A-Top 2185 Henry X X X X
Daniels Concession 2300 Henry X
Dao Drop Inn 2410 Henry X X X
Sardine Room 2536 Henry X
Lakeview Mart 1930 Lakeshore - X X X
Lakeshore Tavern 1963 Lakeshore X X
Lakeside Pharmacy 1965 Lakeshore X X
Sorrento's USA Cafe 2020 Lakeshore X X X
H &J 939 E Laketon
Cuti's Sports Bar & Grill 677 W Laketon X X X
The Sand Bar 1031 W Laketon X X
Docker's 3505 Marina View X
H & J/Kwik-Way 45 E Muskegon X X
Brutters 978 Pine X X X
Pulaski Lodge 871 Pulaski X
Super Stop 2390 Sherman X
Applebees of Ml 1825 E Sherman X X
Someplace Else 1508 W Sherman X
Rafferty's Restaurant 601 Terrace Point X
Muskegon Family Foods 1157 Third X
Racquets 446 W Western X
X represents in violation
RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the
Code of Ordinances of the City of Muskegon:
SEE ATTACHED LIST OF VIOLATIONS
AND WHEREAS, a hearing was held on March 12, 2002, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing of Notices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 31, 2002, they will be removed
from this Resolution.
Approved and adopted this 12th day of March, 2002.
AYES: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
NAYS: None
ABSENT: Shepherd
By:_ _ _ _ _ _ _ _ _ _ _ __
Linda Potter, Deputy City Clerk
BUSINESS BUSINESS OCCUPANCY REGISTRATION APPLICATION MONEY INCOME
NAME ADDRESS PERMIT FEE FORM DUE TAX
Rite Aid 821 Apple X X
Harbour Towne Yacht Club 3425 Fulton X
Lakeside Pharmacy 1965 Lakeshore X X
H & J/Kwik-Way 45 E Muskegon X
Brutters 978 Pine X X X
Someplace Else 1508 W Sherman X
Rafferty's Restaurant 601 Terrace Point X
X represents in violation
AFFIDAVIT OF MAILING
I, Linda S. Potter, being duly sworn, deposes and says that I am the Deputy City Clerk of
the City of Muskegon, State of Michigan; and that on March 12, 2002, the City
Commission will meet to hear objections to adoption of a resolution to recommend to the
State Liquor Control Commission that liquor license holders who are not in compliance
with City Codes be considered for non-renewal of their liquor licenses.
A notice of this hearing was sent to each license holder who was not in compliance on
March 5, 2002. This notice was mailed by first class mail, certified, with return receipt
requested, to each license holder.
Dated this 5th day of March, 2002.
Linda Potter
Deputy City Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on March
12, 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_~--------------
Gail A. Kundinger, City Clerk
-·
Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Wilson Ave., Henry to Dowd
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Wilson Ave., Henry to
Dowd, 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. 2002-32( tll
Resolution At First Hearing Creating Special Assessment District
For Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 12, 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 March 12, 2002, there were 14. 81 % 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 Schweifler and _ _. ;. Sp""""a--'-'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 43.3% 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 SDataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays None
CITY OF MUSKEGON
By J
Gail A. Kundinger, Cler
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 12, 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.
EXHIBIT A
Wilson Ave., Henry St. to Dowd
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Wilson from Henry St. to 75' W. of the Westerly R-0-
W of Dowd
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1523, WILSON, DOWD TO HENRY STREET
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 RCH 2002.
0.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
I l/-ll DAy OF mar C, 6 '2002.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f- ~ 0.- -0 ~
-·
ENGINEERING FEASIBILITY STUDY
For
WILSON, HENRY TO DOWD
The proposed new construction on Wilson between Henry & Dowd, see attached location map,
was initiated by the City due to the following reasons:
1. That section of Wilson is gravel, therefore, in keeping with the City's goals of eliminating all
gravel roads made this road a leading candidate for roadway construction.
2. The need to reduce maintenance cost associated with upkeep of the gravel road
3. Enhance the appearance of that area
The combination of the above reasons makes the selection of this street for improvements an
ideal one.
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 $135,000
with the length of the project being approximately 1300 lineal feet or 1606 of assessable front
footage. This translates into an estimated improvement cost of $84 per assessable foot. The
assessment figures will be at a cost not to exceed $36.35 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
-·
• MUSKEGON COUNTY
•M C H G A N
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
• BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
• Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
•
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
February 27, 2002
Clarence Slarl Mohammed Al-Shatel, City Engineer
•
933 Terrace Street
•I
Muskegon, Ml 49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
I assessment district entailing the new construction of Wilson Avenue located
between Henry Street and Dowd Street. The purpose of this analysis is to
document the reasonableness of this special assessment district by identifying
I and quantifying any accrued benefits. It is subject to the normal governmental
restrictions of escheat, taxation, police power and eminent domain. The effective
I date is February 27, 2002.
In conclusion, it is my opinion that the special assessment amounts justly and
I reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value
enhancement and the intrinsic value that will accrue from an overall increase in
I property values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
I encompasses a mixture of properties, but the front foot rate of$ 36.35 appears
reasonable in light of analysis that indicates a probable enhancement of$ 37.61.
The conclusions are based upon the data presented within this limited analysis in
I restricted format, and on supporting information in my files.
I Scerely,
E'
Q~
d--. . )J(/
I l rry Groeneveld, CMAE 3
Senior Appraiser
I
I TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
-· -·
. '
March 1st, 2002
OWNERS NAME
OWNERS ADRESS
MUSKEGON, Ml 49441 2
Parcel Number 24-XXX-XXX-XXXX-XX: at XXXX WILSON
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:
Wilson, Dowd to Henry St.
The proposed special assessment district will be located as follows:
All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ROW of
Henry Street.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be ·
held at the City of Muskegon City Commission Chambers on March 12th. 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.
2
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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 $135,000.00 of which
approximately 43.3% ($58,397.73) 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,
i , .· ''(
.· . .1~~/ 1 ,-,, ~ et:.U--1<~
. I
Mohammed AI-Shatel, P.E.
City Engineer
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SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
ROW of Henry Street.
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: 996 WILSON AVE
Parcel Number 24-665-000-0489-00
Assessable Frontage: 62.8 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,282.78
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOTS 489 & 490
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
31
Thank you for taking the time to vote on this important issue.
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CITY OF MUSKEGON
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CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. . ---- - - - - - - - - - - - - ---------- - - --- - - - - ----- - ---
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _,Social Security# _ _ _ _ _ __
Spouse:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security#
---- - .
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ P,hone: _ _ _ _ _ _ _ _ _ _ _ _.Race:
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _O.wner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
-------
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ _.List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,Birthdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _. _ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,Birthdate Social Security# _ _•_ _•_ _
Name Birthdate Social Security# _ _-_ _. _ _
Name Birthdate._ _ _ _ _ _ __
ANNUAL Household Income: $_ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $_ _ _ __
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:._ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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.
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.
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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.
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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:
Sherin St., Lakeshore Dr. to Miner
Terrace St., Irwin to Iona
Wilson Ave., Henry St. to Dowd
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
• All parcels abutting Terrace St., from Irwin to Iona &
• All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON March 12, 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 Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: March 2, 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
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SPECIAL ASSESSMENT H-1523
NEW CONSTRUCTION HEARING DATE March 12th, 2002
Wilson, Dowd to Henry St.
24-365-000-0007-00 WERLING KENNETH ASSESSABLE FEET: 49.47
2110 DOWD ST COST PER FOOT: $36.35
@ 2110 DOWD ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,798.23 1
24-365-000-0008-00 JOHNSON HELEN M ASSESSABLE FEET: 50.07
949 WILSON AVE COST PER FOOT: $36.35
@ 949 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,820.04 1
24-665-000-0014-00 PEARSON JOHN H ET AL ASSESSABLE FEET: 48.9
2083 HENRY ST COST PER FOOT: $36.35
@ 2083 HENRY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,777.52 1
24-665-000-0016-00 TISCH MATTHEW LNICKI ASSESSABLE FEET: 48.9
1907 MCILWRAITH ST COST PER FOOT: $36.35
@ 2107 HENRY ST MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,777.521
24-665-000-0103-00 HOLT MICHAEL/CATHI ASSESSABLE FEET: 32.7
160 JOHN AVE COST PER FOOT: $36.35
@ 841 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.188.65 1
24-665-000-0104-00 VAN DONKELAAR WILFORD JR/ ASSESSABLE FEET: 80
829 WILSON AVE COST PER FOOT: $36.35
@ 829 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,908.00 1
24-665-000-0106-00 DAHLGREN BESSIE ASSESSABLE FEET: 40
834 WILSON AVE COST PER FOOT: $36.35
@ 828 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.454.oo 1
3/5/02 Page 1 of 5
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NEW CONSTRUCTION HEARING DATE March 12th, 2002
Wilson, Dowd to Henry St.
24-665-000-0107-00 DAHLGREN BESSIE ASSESSABLE FEET: 40
834 WILSON AVE COST PER FOOT: $36.35
@ 834 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,454.oo 1
24-665-000-0108-00 CITY OF MUSKEGON ASSESSABLE FEET: 32.7
COST PER FOOT: $36.35
@ 846 WILSON AV ESTIMATED P.O. COST: I $1,188.65 I
24-665-000-0133-00 SHREVE BERNARD ASSESSABLE FEET: 50.8
854 WILSON AVE COST PER FOOT: $36.35
@ 854 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,846.58 1
24-665-000-0135-00 ZAVITZ SHIRLEY A/ZAVITZ RICH ASSESSABLE FEET: 60
866 WILSON AVE COST PER FOOT: $36.35
@ 866 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,181.001
24-665-000-0136-00 FELCOSKIE ROBERT W ASSESSABLE FEET: 60
865 WILSON AVE COST PER FOOT: $36.35
@ 865 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,181.00 1
24-665-000-0138-00 MAYNARD CHARLES W/JULIANN ASSESSABLE FEET: 50.8
855 WILSON AVE COST PER FOOT: $36.35
@ 855 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,846.58 1
24-665-000-0223-00 LAUDE GARYF ASSESSABLE FEET: 107.8
879 WILSON AVE COST PER FOOT: $36.35
@ 879 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,918.53 1
3/5/02 Page 2 of 5
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NEW CONSTRUCTION HEARING DATE March 12th, 2002
Wilson, Dowd to Henry St.
24-665-000-0226-00 KUZMA JOSEPH/MICHELLE ASSESSABLE FEET: 107.8
882 WILSON AVE COST PER FOOT: $36.35
@ 882 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,918.53 1
24-665-000-0253-00 CIHOS STANLEY ASSESSABLE FEET: 62
900 WILSON AVE COST PER FOOT: $36.35
@ 900 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,253.70 1
24-665-000-0255-00 BRUCKBAUERLEONARD ASSESSABLE FEET: 39
912 WILSON AVE COST PER FOOT: $36.35
@ 912 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,417.65 1
24-665-000-0256-00 JENSEN MICHAEL P ASSESSABLE FEET: 39
911 WILSON AVE COST PER FOOT: $36.35
@ 911 WILSONAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,417.651
24-665-000-0257-00 ZUIDEMA JEFFERY/LINDA C ASSESSABLE FEET: 62
2119 KINSEY ST COST PER FOOT: $36.35
@ 2119 KINSEY ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2.253_70 1
24-665-000-0343-00 BRUCKBAUER DANIEL P ASSESSABLE FEET: 46.5
2118 HUDSON ST COST PER FOOT: $36.35
@ 2118 HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,690.28 1
24-665-000-0345-00 BOLEMA LONNIE ASSESSABLE FEET: 58.5
919 WILSON AVE COST PER FOOT: $36.35
@ 919 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,126.48 1
3/5/02 Page 3 of 5
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NEW CONSTRUCTION HEARING DATE March 12th, 2002
Wilson, Dowd to Henry St.
24-665-000-0346-00 TENBRINK BRAD D/MARY A ASSESSABLE FEET: 39
920 WILSON AVE COST PER FOOT: $36.35
@ 920 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,417.65 l
24-665-000-034 7-00 PRESTON HAROLD M ASSESSABLE FEET: 66
2090 HUDSON ST COST PER FOOT: $36.35
@ 2090 HUDSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,399.10 1
24-665-000-0373-00 GILL NORMA ASSESSABLE FEET: 26.8
944 WILSON AVE COST PER FOOT: $36.35
@ 944 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST:I~_ _$_9_74_.1_8_.l
24-665-000-037 4-00 GILL NORMA ASSESSABLE FEET: 39
944 WILSON AVE COST PER FOOT: $36.35
@ 950 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,417.65 1
24-665-000-0375-00 PIKAART TERRY L ASSESSABLE FEET: 39
11755 SAND RD COST PER FOOT: $36.35
@ 956 WILSON AV MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $1,417.651
24-665-000-0466-00 EVANS PAULINE R ASSESSABLE FEET: 39
968 WILSON AVE COST PER FOOT: $36.35
@ 968 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,417.651
24-665-000-0467-00 LINK MARCUS A ASSESSABLE FEET: 39
1960 S MILL IRON RD COST PER FOOT: $36.35
@ 972 WILSON AV MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,417.65 1
3/5/02 Page 4 of 5
NEW CONSTRUCTION HEARING DATE March 12th, 2002
Wilson, Dowd to Henry St.
24-665-000-0468-00 SCHAALLEMA TERRI ASSESSABLE FEET: 26.2
976 WILSON AVE COST PER FOOT: $36.35
@ 976 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: ~I_ _$_9_52_.3_7_,I
24-665-000-0489-00 GROGAN THOMAS ASSESSABLE FEET: 62.8
996 WILSON AVE COST PER FOOT: $36.35
@ 996 WILSON AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2.2a2.78 1
24-665-000-0491-00 SKLENAR CATHERINE ASSESSABLE FEET: 62.8
2111 DOWD ST COST PER FOOT: $36.35
@ 2111 DOWD ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,282.78 1
SUM OF ASSESSABLE FOOTAGE: 1606.54 SUM OF ESTIMATED P.O. COST: $58,397.73 I
TOTAL NUMBER OF ASSESSABLE PARCELS 31
3/5/02 Page 5 of 5
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SPECIAL ASSESSMENT
HEARING RESPONSE CARD .
To have your vote count, please
Return This Card By March 12th, 2002
Project Title: . Wilson, Dowd to Henry St.
Project Descript_
ion: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
ROW of Henry Street.
-INSTRUCTIONS
ii you wish-to have your vvriUe,', \1ote included as part of the tabulation 0f votes fon,vard~d ta
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: 2083 HENRY ST
Parcel Number 24-665--000-0014-00
Assessable Frontage: 48.9 Feet
RECEIVED
Estimated Front Foot Cost: $36.35 per Foot
MAR _.0 5 2002
ESTIMATED TOTAL COST $1,777.52
City Clerks Otr,ce·
Property Description ·
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOTS 14 AND 15
. ,-,
Your vote COUNTS!
IAMINFAVOR ~ IAMOPPOSED •
Please vote either in favor or opposed to the Speci~I Assessment Street Paving Project.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your.vote count, please _
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' Wof westerly ROW of Dowd to W
ROW of Henry Street - · ·
INSTRUCTIONS -
.• if y'ou VviSh fo.have-joui 1/vrltteh' Vote.iricludcd as cf
p~rt th~ tabi.i:atlbi--i cif \idi~;:, fo'ivi~i'ded tu.·
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 $eal the form with a small piece of tape or staple prior to maiiing.
Assessment Information
Property Address: HUDSON ST
Parcel Numper 24-,6?5-000~0343-00
.··,
Assessable Frontage: 46.5 Feet - RECEIVED
Estimated Front Foot Cost: $36.35 per Foot
MAR_0 5 2002
ESTIMATED TOTAL COST $1,690.28
City Clerks
. _ 0 tt,ce
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION ·
LOT_34j ·
& W 1/2 LOT 344
ALSON 10 FT OF W 58.5 FT LOT 342
Your vote COUNTS!
m
Ple·a se vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED •
Owner
Signature
Address
6
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 March· i 2th, 2002
Project Title: Wilson, Dowd to Hanry St.
Project Description: AU parcels abutting Wilson from 75' 1/V of westerly R01N of Dowd to W
ROW of Herny Street.
INSTRUCTiONS
-
~ ~ . . -. . .
1f vr-.i, v-.ri::~h ·lo hr1,,(~ vo1.1r \Mritt8n \/Ote inr.!uded as can of the t·~b~.:r~tkJn.o'f
:
' ' .. - ·.
votes fr'!rV.Jardad·to
the City Commission for the scheduled public he,Hing, 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 re·,erse side is
showing. 8e sure to seal the form with a.small piece of tape' or staple prior to maiiing.
AsSE1ssJ"Wiri(inforinaffon·••·
p/~peitf~{cldres·s:-.,,,.. ,,.,, •· .... ·. -. " ,.., .. , ,,, ,9:Z:6 , ,;,-,, ,,.w11::soN AVE"' ..',;;,.,
1
- .. -~------ ., -· --~
Pare&! Number
,,
· • .. 24:665-(icic1::c,4i31,i~do
Assessable Frontage: 26.2 Feet RECEIVED-
Estimated FrontFootCost: $31:i.35 per Foot
MAR O6 2002
ESTIMATED TOTAL.COST $952.37
City Clerks Office
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
!/)T 4R.$
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
- - - - - - = , . , - - , - - - - , , < - - -7 ~~c=··""'"""·;i/.&,m==tJJ=•. :. -'-",~ - - - - - - -
Signature - - - - - -
Address
·-----
30
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 March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
ProjectDescription: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
ROW of Henry Street.
. INSTRUCTIONS
If ~10u wish to have your written votA included as part of the tabulation of votes forwarded t,.:i
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: 2090 HUDSON ST
Parcel Number 24-665-000-0347-00
Assessable Frontage: 66 Feet RECEIVED
Estimated Front Foot Cost: $36.35 per Foot MAR 06 2002
ESTIMATED TOTAL COST $2,399.10
City Clerks Ott1ce
Property Descrip_tion
· CITY OF MUSKEGON
ORCHARD GROVE ADDITION
l_ OT$ ~4 7 8. 34~
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED 0
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSl\:iri:NT
HEARING HESPONSE··-·:~ARL
---·----·-- '-·•--·----
To have your vote count., piec:t,;,.
Return This Card By March 12th, 200:;:
Project Title: VVilson, Dowd to Henry St.
Project Description: All par,:;els abutting Wilson from 15' Vv of west':::;yr;.,:,vv of Dowd to I/If
ROW
of Henry Street. · ' ·
INSTRUCTION$,
If vo: 1 \~ish to ha 11s \iour Vlfittf~n. vo:t.3 in0!udf!d a~~ oart cf .}hc'3- tabu!~.tion of \l:)tE!·_.: fnr~1ll;~_.:1~!tt:•; 1c:
th~ City Commissio~ for the schet1Uied pubiic hearing, please return this care! by the date
indicated above. To use this response card plea:;e indicate whether yov Oppose or Fa,;,;:.,:.
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by rns:1il, simply fold on the dotted lines so the address on the reverse side is
showinn. Be sure to seal the form with a llrn::iil piece of tape or staple :xior to rnailing.
6;~:;.essment lnforrnatioh
Property Address: 9$0. WiLSON·AvftECf lVED·
Parcel Number
MAR 0 6 2002
As$eSsable Frontage: 02.3 Feet
Estimated Front Foot Cost: $36.35 per Foot City Clerks Office
ESTIMATED TOTAL COST $2,282.'78 .J ' /; 1
. •, I/
Property Description , /p{), /i/l/}?J/ (.//2tt'!!itf/J/Lf/,HtJ fi(J:/!
g~~H~~Rb~g~~~~~~DITION f/l!_) J111;J/Jlit1!:mt ; ~Mu oa,ii/i!/__,)
!II!)
LOTS 4<,9 & •90 IJldi»!v ~lJ !ill/~ IJtWtJ!l %It/ Jlj ttll_f tvl,
· · Your vote COUNTS! $ Jr/ ,/flf,I(},;/f/Ji; /l)il{Jl
Please vote either in favor or opposed to the Special Asse{im(nt'street Paving Project.
I AM IN FAVOR ~ I AM OPPOSED • \
31
Thank you for tnking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
. To have your vote count, please
_· Return This Card By March 'I 2th, 2002. · ·
Project Title: Wilson, Dowd to Henry St
Project Description: All parcels abutting Wilson from 75' W of WElsterliR;W of Dowd to W
ROW of Henry Street. . · · · · ·
.. INSTRUCTION§.·
If~/c·u -,~~;t;h·:to· ~the-:
:hav:6 ·vot.: ·r _'/jrftte'n: vb~~--1.n·CtudG'~---~.:.p_a'.·~:-,!Jt ·t;b-~_!ri.ti_on-:·c(~~-oteS . fonrva}c_ed to
the City Commission .for the scheduled public hearing, please return this card bythe date··
indicated above. Tb use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to theCity 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 th,e form wit.ha, small piece of tape or staple prior to mailing. ·
· Assessment Information ·
Property Address: . 2110 DOWD ST
Parcel Number ;4-36~-000~0()07-.00 ·•• /
Assessable Frontage: . ·. 49.47. -Feet
RECEIVED.•
Esti~ated Front FootCost: $36.35 per ~oot
ESTIMATED TOTAL COST .. $1,798.23 MAR1l 2002
•. . , .; .
Property Description . City (;Jerks Otti.ce
CITY OF MUSKEGON
GLEN VIEW RESUB OF LOTS 376 TO 390
.. & 45'1 T0:465 INCL,-O_F ORCHA'R,D.GrtOv~ suo-0,1vis_iON_ ,.-
LOT7
Your vote COUNTS!
· Please vote either in favor or opposedtolheSpecial AssElssmen_t StreetPaving Projeqt
lAM IN FAVOR I)( l ·. ·1AM OPPOSED
,·;,•, [] .
.
Owner·
Signature +.,1~~--"-f-""r-""'~'e,;---
Address
4
Thank you for taking the time to vote on this important issue.
/,,/
. SPECIAL AS.SESSMENT
HEARING RESPONSE
.
CARD
:_,, ' -,_
To have your vote count, pl~ase ·
Return This Card
. ___·, -_. ,:,
By .March 12th,2002
',
Project Title: Wilson, DowdtoHenrySt.
Project Description: All parcels abutting \Nilson from 75' W of westerly ROW ofDowd to W
ROW of Henry Street. . . . . . .
INSTRUCTIONS
'1r you wisi, to'h~VeyoJt 0citten ~bte ii;dti.dcld as.P;it61t~e t16li:.. ~f~6t$rifo~;~irdod
tib~ to
· the City Commission for the scheduled public hearing, please return this card bythe date
· indicated above. To use this· response card pleaseUndicate whether you Oppose orFav9r
this special assessment project, sign the form and feturn it tothe City Clerk'~ .Offict:i.,To . ·
retqrnthis card by mail, simplyfold 9n the dotted lines so the address on the reverse sid.e is.
showing.
'-
Be sure to seal the form with .a small piece oftapeorstaple
' : •·--' ...
prior to'.. mailing.
, ''.. ..
· '., -,·." ' .' ' _, ,
Assessment Information ·
·•·,·. '.82~.6
Prnpeirty Address:
Parcel Nunibeir ' · ··24-665-000-61 ~6-ha
·. Asse$sableFrontagei: ·· ..•. 40 Feet
Estimated
. Front Foot
.. Cost:·.
' '
$36.35 .
·• < per Foot•
. ESTIMATED TOTAL.COST. ., $1;454.00
. . - ' '
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOT 106 . 'i.
, ·•• <_ :;-!
' ;, __- ,, ..,_
Your vcite COUNTS!
' Piease vote either infavor or opposed fo the Special A~sessmeni strJ~(F:'?Xing Project.
1AM IN FAVOR
Owner Bi?'SSff' · M l}.;;r Q(rl+LCR~if,oOvmer/Spous~·..•·_•---------------,----,----,-----,-
. IJc..~&9-<'.e_,
Signature .. ?ZA'.'.t'e.Af:_.½z
. ·. .· ·-;J y 1'-·n--
:..,. . ·Signature
. · · · _ _......_ _ _ _ _ _......_ _
Address '11:28. i,,1) 1 1''
I, So.0 ft:IIB Address .. ·_ _ _ _ _ _ _ _ _ _ _ __
8
'Thank you for taking the time to vote on this important issue. DAHLGP-H' ;cesc;:•
. ·_ ·.- ' _·: ,; .. , .': - . ' ,'' ,, __ - :,
· HEz:~r~::!~!~:~i~~.
·To hav~ yobrvote CO~llt,pl~1si, >
Return This Can:fBy . March i~th,{2.po2\:F ·
Project Title: •.. \/Vil~on,bC>~clto He11rySt.
'-·>,
js
,;_'iJ;.J<<--:•;, ''.•,;-:- ·_.,, :' :,,_._.,,,,·_,.,_":•,.;-::: ,••,.;:•,_,••_', ,_, '.•;
to
-,• •,: r_, -•,•·,-_, ,.·• ·,' ' 0'• '' :,. ,•__ , ,• ..
Project Description: .All parcels abutting. Wjlson from .75' \/V of wei;terly RO\/V of Qowd W ··,.
ROW Hernyl>te~t, 9f · ·· · ·.
··•·.·• .INSiRtJCTIONS Sri;f ··w>:·
!fyoLl,wi$~.. to . hjvisY011r ;;rittetj\i;t~·inf1;ia;d ci~ff ~s ofth~JJf;l}l~tiok;hivGtJ~JJ~irtjed'.tb••·. ·
the City Commission for the· SCh£;dU!edpubli~ he1dng .: please return ,tllis 9a";d,b~·<the da'te .•.•
. indicated above. · To use this response card please indicat~ vJ~~thetyd1.i()pr,'.ose,CJrJF.av§r>
this special assessment project, sign the form andJeturn it.t9 the(;ity.Clerk's()ffiqf (I"o)·
return this card by mail, simply fold on the dotted lipes s(l the ~ddress op
the rever;~e' sidYi~
. showing. Be sure to seal the form with a small piece oftape d(staplepr,iofto rna,ilibg,;c··•··•·· .•
.-:·-> __ · ·-::. - ·-.·-i·:,\· . · _-:_,., - ·- ::_·:-.-;:, -.:.::;-,_· -,- ·.:. ..-. ·;-:·. :-:>:•,·.,., ,.,\y.f,:~:.-/':"<tz:r.; ··. ·. ,·-':';_"-.;J;::..,(\"'.·:-'./",,·).:.JMt~- ,-::,;-;/;,,. . - .
. · Ass~ss111ent lnfor-1~atio;1 ·..•••·. . •: ·, //'
!:_-/'.i:'.::._::;/_)_;::,;;j?:;J/~//{\~_'.\;,<-.:<-•,_•j•_f~/ '.) /:·f/-t,'.::';:,r;
, .. ,,·,
As.5essable Fr?ntage:
,,•
..
. \.4~:0>.:~,-d::it~l",~viiir~ll~gm • , . . ·,.- '· ,, • I -' "., ., ,
Estim~ted Front Fo()t Cost: . (<.$36.35.··
•: ;l}.;fij~1iiit: 12002·• ,.
ESilMATEDiOT~L COST . ;:\'$~,4~4.66
·pfoJertv h~scriotiori .···•<
. clrv OF t~USKE:GON . ··,
ORCHARD GROVE ADD!TION
!..OT_;107::
.••. >,.•·· • .. ··x?~r~()tf ?P~~t~ i;J,t; ..,.... ... ,.. ,,.1. ; ... ,.
.. .
Please vote either in f~vor o~ opposed.to the. Sped~I As~essm~.rif~treetg~vipgffroj~c:t. ....
1
.•.•..•·.••····;
l~M.1N FAvo~ p. \I . · ·· ··· IAM/ope~si6~ J;~j/
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
ROW of Henry Street
INSTRUCTIONS
,.;: H""I.
11 ;v .... ,.,,:,...h
~v=~~
•o
C.
h~•.•-~
1-UVV
''G' ,.. , ....·1 ...~n
J_ ''!,,..II i l l h,·..,1
,V-v1.1;..';·11
.......-;. ._ ;n v,....
... 1• 1ded Gci.>
.:...:"' """'=' ..... ...,J: J,I.;,..;, ~-.... !,..', ;i .... -4-:0··-- .-.C -
pc:..1·1 Ui l11<., __ I.CHJUIQLI 11 v1--..•....
·~t·---- C----s.-~,-l~---'
_t:;:.:,·;u1vvo1u-.::=u J...,
tU
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: 879 W,ilSONAVE
Parcel Number 24-665-000-02;/3-00
Assessable Frontage: 107.8 Feet
Estimated Front Foot Cost: $36.35 per Foot RECEIVED
ESTIMATED TOTAL COST $3,918.53 MAR O7 2002
Property Description City Clerks Otftce
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
L.0.i"3 ~2.j, 224 ANi.J ·22::i
R&M EXEMPTION-95-SIDING-$1800 AV
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR ~ I AM OPPOSED •
17
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
RECEIVED
.!:!EARING RESPONSE CARJ2
MAR O8 2002
To have your vote count, please
City Clerks Office
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Herny St.
Project Description: All parcels abutting VVilson from 75' W of westerly ROW of Dowd to VJ
RO\/V of Henry Street.
INSTRUCTIONS
If vnu
., wish to have .,vour
' . wntten.
.... .- - votA inr.ltJde:-l
-_ ·- ..
;:;s Ol'rt
.
,' .
0f
- the tahdatinn
' . ·- _- -
' ' . of. \lnt,:,s
' . .
. . fnrvv:>rrlArl
. .
' . tn
-, _· ·-.
.
the City Commission for the scheduled pubiic hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Op;:iose or Favor
this special assessment project, sign the fonn 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: · VVILSON"AVE ·
Parcel Number 2,fel3s~ood.,02s3:oo
Assessable Frontage: 62 Feet
· Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,253.70
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOT 253 AND 254
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
•
I AM OPPOSED
•
Owner (i]:.t'ktr1~.-ie-4 PC ~h K-:d£?Owner/Spouse.;;.;,.......- - - - - - - - - ~ - -
.
Signature
,,P~x a'1·P
kt ;tv= ?6' (L~v ~ s·1gnature
Address °/:OO tA) i (0,;,,,-v ~ Address _ _ _ _ _ _ _ _ _ _ __
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 March 12th, 2002
Project Title: · Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ·
ROW of Henry Street.
INSTRUCTIONS
if you wish to have your ·written vote inch.;ded as part uf th,; labuiaiioll ofvoies forwarded tu
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 majling.
Assessment Information
Property Address: 912.0 WILSON AVE
Parcel Number RECEIVE Daa5-ooo-0255_00
Assessable Frontage: MAR O7 2002 39 Feet
Estimated Front Foot Cnst: Cl k Of .. $36.35 per Foot
1,.;1ty er s nee
ESTIMATED TOTAL COST $1,417.65
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOT 255
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 -.r....1- - . - - - -1..., - -
/ , / ) -.•- .
0
tel /V?../V·¼C.v _/}; ,r_ .c,,<....(/('(!,.lr-"JJ..,ce.,_·
Signature' · , ,, Signature
C " I r.·
Address //J.. t<S«u,,fr,"'J c&/,.c;..- Address
21
Thank you for taking the time to vote on this important issue.
Name: /J/;"1 ri1!IN 13Jf«-t fiJ3 ,PU..£J?, Birthdate: 9,/;? '5 / ~ '-I Social Security# :36 1- ~.;::, .!%::/ 3
Spouse: /., e D /<.! /1 ,t JJ /l) e C eJ<? Ce P ·Jurthdate:_ _ _ _ _ _ _ Social Security# _ _._·_._ _
Address: - - - - - - - - - ~ - - - P h o n e : _ _ _ _ _ _ _ _ _ _ _R,ace: _ _ _ _-'-'-'-----
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 Birth date Social Security# _ _-_ _-_ _
Name Birth date Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate
ANNUAL Household Income: $II 6.2(-( Wage earner: 55
(Must include all household income) '
1-),:; dC Wage earner:
q,<:;7,tj) Wage earner:
()t 92, Y& Wage earner:
iJ')Ajd
r/
/G
J
$ s11:;;u C,(>5 1(sj)ol /?,'J';7e6'7
Proof Of Ownership: 9<) Deed ( ) Mortgage ( ) Land Contract
(rfl( ,0
1 _{,
_lt...1..cr_
Homeowner's Insurance Co: _ ... --A
_ _-r
ft-Jc )1
______ Expiration Date:
Property Taxes: Ci@Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to quaiify and will be verified by CDBG staff)
Owner's Signature: 1'),pt/4 ,ev .,b'/~i<cllwu~ Date:_--''+-.o:...'---
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.
~'t
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
-
---
·es()No
: here.
--- -
--- -
--- -
--- -
-
1er certifies
d complete
prior to the
surance.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
ROW of Henry Street.
INSTRUCTIONS
!f yo!..! 't.'ish to 1-
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: 944 V'JILSON AVE
Parcel Number 24-665--000-0373-00
Assessable Frontage: 26.8 Feet
Estimated Front Foot Cost: $36.35 per Foot
RECEIVED
MAR 1 2 2002 --
ESTIMATED TOTAL COST $974.18
City Cter/(s o·.trice
Property Description .
CITY OF MUSKEGON
ORCHARD GROVE ADDITION LOT 373
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED 0
Owner
11..{,./0Vl./':-.J <=L lhi)) CoOwner/Spouse_·_ _ _ _ _ _ _ _ _ _ __
0
Signature Signature------------
(l,., - ( ' ';. l'l
Address / :fv:: {£ 1 ' r< -t 'Lf(F1 VV/JW _,, Address
24
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By March 12th, 2002
Project Title: Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ·
ROW of Henry Street.
!:N§1RUCTIONS
if you wish lo na~e you·r wtitten Vote ir,ciuded as part of the tabuiatioti of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
retum this ca{r,I by mail, simply fold on the dotted lines so the address on the reverse side is
showirw. Be sure to seal the form with a small piece of tape or staple prior to mailing.
·. Asse$~1ment Information
Propf~rty Addre:.s: 950,0 WILSON AVE
Parcel Number 24-665-000-0374-00 RECEIVED
AsE,"issable Frontage: 39 Feet MAR 12 2002
Es-timated Front Foot Cost: $36.35 per Foot
City Clerks Otfice
EST_IMATED TOTAL COST $1,417.65
Property Description
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LJT374
Your vote COUNTS!
Pl~ase vote either in favor or opposed to the Special Assessment Street Paving Project.
-. '!:AMIN FAVOR
• 1AM OPPOSED
Owner ·--•·-_ _ _ _ _ _ _ CoOwner/Spouse· _ _ _ _ _ _ _ _ _ _ __
"// if'c";• ·vN.LL' (.1. )J__JJ)
Signature .. _ , " ·• u , · · Signature - - - - - - - - - - - -
Address '{9:CJl() l.i.) · C<Lc•,1 U1,<.Q,
1
Address
26
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 March 12th, 2002
· · · ·--pfojectTTtle: Wilson, Dowd to Henry St. .
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W .
ROW of H.enry Street.
INSTRUCTIONS
.If yoi.J v11'ish to ha-..:e your \Nrittcn. vo!_c incl:..id0d ao part of the tabu!:::!icr. of votes forN~~ded to ·
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indic.ate 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: 968.0 WILSON AVE
Parcel Number 24-665-000-0466-00
Assessable Frontage: 39 Feet
Estimated Front Foot Cost: $36.35 per Foot RECEIVED
ESTIMATED TOTAL COST $1,417.65 - · · MAR O8 2002
Property Description
City Clerks Otfice
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOT 466
Your vote COUNTS!
Please vote either in favor or opposed to the Specfal Assessment Street Paving Project.
I AM IN FAVOR . [KJ I AM OPPOSED •
Owner . ? a ~, £ VA[-..!$ CoOwner/Spouse _7:J .......f.d..
____E..~_€_~ __________
Signature B ~ zfL;rL ~ Signature _ _ l'-_t_/A__________
Address 9(p8 WiLSON Ave, Address
28
· Thank you fottaking the time to vote on this important issue.
H-1523 WILSON AVE., DOWD TO HENRY
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE IABPI AIION
= Pi;;BC:i;;tiIAG!;;
''TETTER# PARCEL#
FOR
ST#
TOTAL NUMBER OF PARCELS - 31
ST NAME FEET 'LETTER# PARCEL#
OPPOSE
ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1606.540 ·- 1 24-665-000-0014-00 2083 HENRY 48,90 30 24-665-000-0468-00 976 VI/ILSON 26.20
6 24-665-000-0343-00 2118 HUDSON 46.50 2 24-665-000-0347-00 2090 HUDSON 66.00
FRONT FEET OPPOSED 238.000 14.81% 31 24-665-000-0489-00 996 WILSON 62.80 8 24-665-000-0106-00 828 VI/ILSON 40.00
21 24-665-000-0255-00 912 WILSON 39.00 10 24-665-0107-00 834 VI/ILSON 40.00
RESPONDING FRONT FEET IN FAVOR 455.470 28.35% 17 24-665-000-0223-00 879 WILSON 107.80 26 24-665-000-0374-00 850 WILSON 39.00
19 24-665-000-0253-00 900 WILSON 62.00 24 24-665-000-0373-00 944 WILSON 26.80
NOT RESPONDING - FRONT FEET IN FAVOR 913.070 56.83% 28 24-665-000-0466-00 968 WILSON 39.00
4 24-365-000-0007-00 2110 DOWD 49.47
TOTAL FRONT FEET IN FAVOR 1368,540 85.19%
TOTALS 455.47 238.00
TABULATED AS OF: 03/12/02 05:00 PM
03/12/20025:11 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING WILSON
Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Sherin St., Lakeshore Dr. to Miner
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Sherin, Lakeshore to
Miner, 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. 2002-32 (c)
Resolution At First Hearing Creating Special Assessment District
For Sherin St., from Lakeshore Dr. to Miner
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 12, 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 March 12, 2002, there were 34. 79 % 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 Larson and Schweifler
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 43.8% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Buie, Gawron, Larson, Schweifler, Spataro
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 12, 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
EXHIBIT A
Sherin St., Lakeshore Dr. to Miner
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Sherin St., Lakeshore
Dr. to Miner
603 602
-----
601
2
7 1 0 I 3 I s
921
r I I I i FP I I I I
6
676
6
8 '. ! I l4 Ill 1111 ! I 111201 7
CLUB
I
~
~ ·, I
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1522 SHERIN, LAKESHORE TO MINER
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF MARCH, 2002.
O_~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
J 'Id DAY OF l}1ar ech , 2002.
a){;,d}4 ~ . &ttvc
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES / - ~~ - o .z.
ENGINEERING FEASIBILITY STUDY
For
Sherin St., Lakeshore Dr. to Miner
The proposed reconstruction of Sherin St. Lakeshore Dr. & Miner was initiated by the City due
to the conditions its in. The existing conditions of that section of roadway, we feel, beyond
salvaging. In addition, the roadway is partially gravel and has no curbs and gutters.
The proposed improvements will address the at least two of the established goals, and they are;
• Improve the City's infrastructure
• enhance the appearance of that area.
• Eliminate at least 300' of gravel roadway from the City street system
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $80,000 with
the length of the project being approximately 576 lineal feet or 963.20 of assessable footage.
This translates into an estimated improvement cost of$83.05 per assessable foot. The
assessment figure will be at a cost not to exceed $36.35 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
MUSKEGON COUNTY
173 E. APPLE AVE .. BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
M C H G A N FAX (231) 724-1129
EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start February 27, 2002
Mohammed Al-Shatel, City Engineer
City of Muskegon
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 Sherin Street between Lake Shore Drive and Miner Ave. The
purpose ofthis 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 27, 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 primarily residential properties. The front foot rate of$36.35 for the paving of
the above mentioned project area appears reasonable in light of analysis that indicates a
possible enhancement of$J7.50. The conclusions are based upon the data presented within
this limited analysis in restri'Jed format, and on supporting information in my files.
Sincerely,
yJo~
Jerry A Groeneveld, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
.,
-·
March 1st, 2002
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441 1
Parcel Number 24-XXX-XXX-XXXX-XX: at XXXX SHERIN ST
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:
Sherin, Lakeshore to Miner
The proposed special assessment district will be located as follows:
All parcels abutting Sherin from South of Lakeshore to the South side of Miner
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 12, 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 $80,000.00 of which
approximately 43.8% ($35,012.32) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost .
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
/J)lj},,J(d$
Mohammed AI-Shatel, P.E.
City Engineer
-·
.'
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By MARCH 12, 2002
Project Title: Sherin, Lakeshore to Miner
Project Description: All parcels abutting Sherin from South of Lakeshore to the South
side of Miner
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: 2182 SHERIN ST
Parcel Number 24-205-693-0001-06
Assessable Frontage: 67 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,435.45
Property Description
CITY OF MUSKEGON
REVISEO PLAT OF 1903
PART OF BLK 693 COM AT A PT 114 FT S OF S LINE OF LAKE ST
& 495 FT W OF E LINE OF BLK 693
THE100FT
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
s..:.?F'f .:-•.:.?ER PF:OCU•~TS 1
Thank you for taking the time to vote on this important issue.
-·
. ' CITY OF MUSKEGON
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
~~--;---•~ ~••---P~~- ------------------------~--,
' t \ 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 information for household members besides owner/spouse here.
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
Name Birthdate._ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate._ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate._ _ _ _ _ _ _----:
$_ _ __ Wage earner:
ANNUAL Household Income:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $_ _ _ __
Proof or Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)
.:-~;-
Owner's Signature: ________________________ 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.
O.R'P.Eli'JQ.fflJ.fil
APPROVED ( ) DENIED ( ) DATE _ _ _ CENSUSTRACTNO. _ __
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 o
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 homesteac
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.
SPECIAL ASSESSMENT H-1522
RECONSTRUCTION HEARING DATE MARCH 12, 2002
Sherin, Lakeshore to Miner
24-205-693-0001-01 DULA ANDREW J/MARCIA N ASSESSABLE FEET: 75
2565 LAKESHORE DR COST PER FOOT: $36.35
@ 2565 LAKESHORE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,126.25 1
24-205-693-0001-02 DUFF BRIAN P/MAUREEN A ASSESSABLE FEET: 199
3541 CHANNEL DR COST PER FOOT: $36.35
@ 2195 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $7,233.65 1
24-205-693-0001-03 SAPPI PAPER PRODUCTS ASSESSABLE FEET: 53.5
2400 LAKESHORE DR COST PER FOOT: $36.35
@ 2541 LAKESHORE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,944.72 I
24-205-693-0001-06 SAPPI PAPER PRODUCTS ASSESSABLE FEET: 67
2400 LAKESHORE DR COST PER FOOT: $36.35
@ 2182 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,435.45 1
24-205-693-0001-07 HARKER RICHARD ASSESSABLE FEET: 120
2190 SHERIN ST COST PER FOOT: $36.35
@ 2190 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $4,362.00 1
24-205-693-0001-25 CARTY CONSTANCE ASSESSABLE FEET: 35
2217 SHERIN ST COST PER FOOT: $36.35
@ 2217 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,212.25 1
24-205-693-0001-26 WEE MICHAEL/DEBBIE ASSESSABLE FEET: 60
2088 PARSLOW #334 COST PER FOOT: $36.35
@ 2223 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,181.00 I
3/5/02 Page 1 of2
RECONSTRUCTION HEARING DATE MARCH 12, 2002
Sherin, Lakeshore to Miner
24-205-693-0001-27 RYAN JERRYWSR ASSESSABLE FEET: 60
2231 SHERIN ST COST PER FOOT: $36.35
@ 2231 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,1a1.oo 1
24-205-693-0001-28 DAVISON TAG/RHONDA ASSESSABLE FEET: 41.5
2241 SHERIN ST COST PER FOOT: $36.35
@ 2241 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,5oa.53 1
24-205-693-0001-29 HULL THOMAS J ASSESSABLE FEET: 90
2224 SHERIN ST COST PER FOOT: $36.35
@ 2224 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,211.50 1
24-205-693-0001-30 KOCHMANSKI HENRY ASSESSABLE FEET: 60
2226 SHERIN ST COST PER FOOT: $36.35
@ 2226 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,1a1.oo 1
DAUTEN ALVIN J ASSESSABLE FEET: 60
24-205-693-0001-31
2230 SHERIN ST COST PER FOOT: $36.35
@ 2230 SHERIN ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,1a1.oo 1
STRICKLAND WILLIE A ASSESSABLE FEET: 42.2
24-205-693-0001-32
2552 MINER AVE COST PER FOOT: $36.35
@ 2552 MINERAVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,533.97 1
SUM OF ASSESSABLE FOOTAGE: 963.20 SUM OF ESTIMATED P.O. COST: $35,012.32 I
TOTAL NUMBER OF ASSESSABLE PARCELS 13
3/5/02 Page 2 of 2
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:
Sherin St., Lakeshore Dr. to Miner
Terrace St., Irwin to Iona
Wilson Ave., Henry St. to Dowd
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
• All parcels abutting Terrace St., from Irwin to Iona &
• All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
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 AM. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON March 12, 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 Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: March 2, 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 RESPONSE CARD
To have your vote count, please
Return This Card By MARCH 12, 2002
Project Title: Sherin, Lakeshore to Miner
Project Description: All parcels abutting Sherin from South of Lakeshore to the South
side of Miner
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to .
the Cily Commissior1 for·ll·ie stheduled..pubiic bearing, piease return this: card by the date
indicated above. To L:'Se 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: 2·190 SHERIN ST
Parcel Number 24-'205-693~0001-07 · RECEIVEC
Assessable Frontage: 120 Feet MAR O5 2002
Estimated Front Foot Cost: $36.35 per Foot
. Clerks Ott ice
.City
ESTIMATED TOTAL COST $4,362.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
PART OF BLK 693 COM AT A PT 174 FT S OF S LINE OF LAKE ST & 495 FTWOF E LINE OF BLK 693 THE 100 FT TH S 50 FT TH
'.!: 1:JO FT N 50 FT TO BEG. SLK .693 t,?7
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED IX]
2
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To hav~ your vote count, please
_Return This Card By MARCH 12, 2002
Project Title: Sherin, Lakeshore to Miner
Project Description: All parcels abutting Sherin from South of Lakeshore to the South
side of Miner
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commissi9n 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: 2217 SHERIN ST
Parcel Number 24-205-693-.0001 -25 RECE/Vf .~~,
Assessable Frontage: 35 Feet MAR_0 5 2002 ,.
Estimated Front Foot Cost: $36.35 per Foot
City Clerks Ot
ESTIMATED TOTAL COST $1,272.25
Hee
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903 .
PART OF BLK 693 COM AT APT 3.49 FT S OF S LINE.OF LAKE ST & 568 FT W OF E LINE OF BLK 693 TH W 130 FT S 5 FT W 132.8
'FT 3 30 rT E 262.9 FT N 35 FT TO ,BEG Bl.:K,.69;3- PART OF #Qe ALL #C9 · ·
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
Signature
Address
4
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD RECEIVED
To have your vote count, please MAR 07 2002
Return This Card By MARCH 12, 2002
City Clerks Office
Project Title: Sherin, Lakeshore to Miner
Project Description: All parcels abutting Sherin from South of Lakeshore to the South
side of Miner
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: 2223 SHERIN ST
Parcel Number 24-205-693-0001-26
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOT AL COST $2,181.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
PART OF BLK 693
COM AT A PT 384 FT S OF S LINE OF LAKE ST
& 568 FT W OF E LINE OF BLK 693
Your vote COUNTS!
.
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED [ZJ'
\ A t7 r
Owner
\V \I GH P{c;L ~\J 12E=' CoOwner/Spouse
I IV\Ac)J\z-X__:? --------
Signature Signature - - - - - - - - - - - -
Address Address
5
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your v~te count, ple~s;
Return This Card By • MARCtL12; ·;002 .
' - .._, - ' ' -~·'., ';- ;, ,_,-. " ..... .
Project Title: Sherin, Lakesh~re toJv!iner ··•·· < .· . . ··. .·•· >·. ·. · • . ·.
Project Description:. All parcels abutti(lg ~he~in from So~th of Lakesha re. to the. South
·· .· ·· · . · · ·. · side of Miner · · · · ·
-·,·. ,--,
i)
•· Jf you wis~ to have your written vote included as pad
9f the tabulaticm of v9tes fqrwardedto
.• the.City .commission for.Ihe·.scheduled ppbtiphearing,pieasereturntnis b,yJJ'.i~da.te .. car4
indicated above. To use this response card please indicate wh~ther you Oppose pr Favor
this special assessment project, sign the.fern, andreturn)t to the City Clerk's Office. To
. return. this card by mail, simply fold on thedotted lines so the address on th.ereverse side is
· showing. Be sure to seal the form with a small piece 'of tape or. staple. prior to ' mailing ..·.. '
. .-, . '-·, .
As~essment-.l~formation
• .
Property Addres_s:
I •
·... ;si~ . . · LAKESHoRtoR
Pafcel NJmber . 24~i05-693~DbCl1-0J RECEl'KIED. ',
A_ssessableFrontage: · . 75 ?' ) 'i=e~c.·'
Estimated Front Foot Cost: ·····• :$36.35 • :per~()()t . : , ·:.,.
·$2}i(i.2f .· •· · · ., . . .
. ,_,
ESTIMATED TOTAL C~Sl" ·..... . ¢,ty Clerks [Office
PropertyDes6r;ption.
~~Ji~JtPi~E;F0fso3 • .. ..·· . . , ?> .. :
THAFPTOF BLK 693 OFTHE REVISED PLAT OF 1903 OFON THE S LINE()F.i,AKESHORE DR 535.00 FT W OFTHENECORNER.
(i .• / .t < •·. · / , •· [ . .
OF SD SLKFOR POil; TH S ALG THEW LINE OF SHERRIN STJ50 FT; ,rn
~'V PAR JO THE S LINE OF.LAKESHORE DR 2?2 FTTD \
THE.W LINE OF SDBLK693;TH NALG SOW LINE 150 Er TO THE S LINE OF LAKESH.DR.E DR; TH,EALG SD.S LIN.E 26L66 FTTO.
. . . .. . Your vote COUNTS} T . . ·•· ' .. .
• ; iAM IN FAVOR lX I .. .,
. Ple.ase vote either in favor or OpposEidtothe Spedat As~essment Street Pa~ing Project. .· .
.·• .· . I AM ()P~OSED .
Owner
Signature _ ... · ·• ~ S,ignature ·;.,'-#,-"""-.t:J.~f'"-~""-,4'-.t:.,,£,..:-(
Address ·..;'2-_.b;;_.;;,i.;:;s:.,,. ..,L,,..A~t.;,;;;....;~h;;.,"'-'_,.c.....;1);..;.R· .Address . 5 c 5
. ,v\1,J K e J"':' . . .· . ·. . . -~,......;•.i..;.~........i..1-"J,,......u.-""=-.JV 13
Thank you for taking the time to vote on this important issue.
H-1522 SHERIN, LAKESHORE TO MINER
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
~ PERCENTAGE TOTAL NUMBER OF PARCELS -13
FOR ILETTER# OPPOSE
LETTER# PARCEL# ST# ST NAME FEET PARCEL# ST# -- ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 963.200 13 24-205-693-0001-01 2565 LAKESHORE 75.00 4 24-205-693-0001-25 2217 SHERIN 35.00
2 24-205-693-0001-07 2190 SHERIN 120.00
FRONT FEET OPPOSED 2't5:000,< ~ J'f.7'/ 5 24-205-693-0001-26 2223 SHERIN 60.00
RESPONDING FRONT FEET IN FAVOR 75.000 7.79%
NOT RESPONDING - FRONT FEET IN FAVOR 673.200 69.89%
TOTAL FRONT FEET IN FAVOR 748.200 77.68%
TOTALS 75.00 215.00
....f
TABULATED AS OF: 03/12/02 05:20 PM
03/12/20025:21 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON SHERIN
Date: March 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Terrace St., Irwin to Iona
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Terrace St., Irwin to
Iona , 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 district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2002-32 (d)
Resolution At First Hearing Creating Special Assessment District
For Terrace St., Irwin to Iona
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 12, 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 March 12, 2002, there were 8, 34 % 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 Warmington and Shepherd
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis. ·
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.6% 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 Buie , Gawron, Larson, Schweifler, Spataro , Warmington
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 12, 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
ENGINEERING FEASIBILITY STUDY
For
TERRACE STREET, IRWIN TO IONA
The reconstruction of terrace street between Irwin and Iona, see attached location map, was
initiated by the City due to the conditions of the pavement and underground utilities. The
existing pavement has deteriorated to a level where we believe a total reconstruction is necessary
to optimize the use of street funds. The improvements being propsed, reconstruction, consist of
following;
I. Complete removal of existing pavement, including what's left of the curbs & gutters and
replace with a new street section that would include curb & gutter
2. Replace the existing sanitary sewer main along with services
3. Replace existing watermain along with water services
A memo from the Assessor's office, which addresses the appraisal and benefit information, is
attached.
The preliminary cost estimate for the work associated with paving is approximately $330,000
with the length of the project being approximately 1460 lineal feet or 2230 of assessable footage.
This translates into an estimated improvement cost of $148 per assessable feet. The assessment
figure will be at a cost not to exceed $32. 70 per assessable foot as established in the 2002 Special
Assessment for this type of improvement.
EXHIBIT A
TERRACE ST. FROM IRWIN TO IONA
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Terrace St., Irwin to Iona
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1547 TERRACE, IONA TO IRWIN
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 MARCH 2002.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _, 2002.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES
- - - -- - --
MUSKEGON COUNTY
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
M C H G A N FAX (231) 724-1129
EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
Kenneth J. Hufka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
February 27, 2002
Clarence star tMohammed 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 Terrace Street located between
Iona Avenue and Irwin 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 27, 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 $37.35.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
Sincerely, ~
1bfoeneveld, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA I AA Employer
...... ,....,,..,,..,J ~.-.-.,...
March 1st, 2002
OWNERS NAME
OWNERS ADDRESS
FRUITPORT, Ml 49415
Parcel Number 24-XXX-XXX-XXX-XX: at XXXX TERRACE ST
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
Terrace, Irwin to Iona
The proposed special assessment district will be located as follows:
All parcels abutting Terrace from South of Iona to North of Irwin
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 12th, 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 RespoRse 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.
I
I
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 $330,000.00 of which
approximately 24.6% ($81,064.14) 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 ?f City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Fnday
except holidays.
Sincerely,
l
Mohammed AI-Shatel, P.E.
I City Engineer
L
; SPECIAL ASSESSMENT
I
f
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By MARCH 12th, 2002
Project Title: Terrace, Irwin to Iona
Project Description: All parcels abutting Terrace from South of Iona to North of Irwin
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: 1223 TERRACE ST
Parcel Number 24-205-243-0010-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $2,399.10
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 10 BLK 243
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
!,!ERGENER ?.,;.:-nY F :.: ,.::.;, Ei':. 1
Thank you for taking the time to vote on this important issue. l
-· CITY OF MUSKEGON
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
_-_- - -- - ---------------- ----------- - --- ----- -- -
- - --
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# _ _•_ _•_ _
._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B.irthdate Social Security# _ _•_ _•_ _
ANNUAL Household Income: $ _ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $. _ _ _ __
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)
- ------~-~-~---------~-~-------- ·-
-, -: :. _-. . .·: _·:Ji~,:.1 ·: :. t'oifti~Ttiffit~~•,~-~;;~-?i d~~ &·-:,;. 1>;:·:1 -~:t??:1 ':-_t; . .r .· . '
·---------I
~ .. -"':~ ~------'--~~-·-·_d
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.
- · - . --,. - -- .. - ..--"'l"'T."-1
,.· ' ' ~-,,,: ;,-··,· ~ .. ·11'1:l;Jl:>,ll:po,1,)-•·.·-·-- ·,• . •·i
~._,___ ,._.._:.L, _______ ~~- ¥ --~--·••"-- ..... - - ~ ..... . . , - ~ . . _ .. _ . . . -· _,.__ • • ----- ---·
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 lime the property is
sold or transferred or after the death of the owner(s). During the lime 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
i 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:
Sherin St., Lakeshore Dr. to Miner
Terrace St., Irwin to Iona
Wilson Ave., Henry St. to Dowd
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
• All parcels abutting Terrace St., from Irwin to Iona &
• All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON March 12, 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 Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: March 2, 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 H-1547
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-243-0007-10 BATES DANIEL R ASSESSABLE FEET: 66
1247 TERRACE ST COST PER FOOT: $36.35
@ 1247 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-243-0008-00 BETHANY HOUSING ASSESSABLE FEET: 66
1105 TERRACE COST PER FOOT: $36.35
@ 1239 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-243-0009-00 HAVERMANS THEODORE W ASSESSABLE FEET: 66
1167 PECK ST COST PER FOOT: $36.35
@ 1231 TERRACES MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,399.10 1
24-205-243-0010-00 MERGENER RANDY F/LAURA ET ASSESSABLE FEET: 66
7375 MERGENER RD COST PER FOOT: $36.35
@ 1223 TERRACES FRUITPORT Ml 49415 ESTIMATED P.O. COST: I $2,399.10 1
24-205-244-0001-00 KAHN HENRY/JAMES/TINA ASSESSABLE FEET: 66
1224 TERRACE ST COST PER FOOT: $36.35
@ 1224 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-244-0002-00 DAY NELLIE ASSESSABLE FEET: 66
1232 TERRACE ST COST PER FOOT: $36.35
@ 1232 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-244-0003-00 BROWER STANLEY A ASSESSABLE FEET: 56
1238 TERRACE ST COST PER FOOT: $36.35
@ 1238 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,035.60 1
3/5/02 Page 1 of 6
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-244-0004-00 JACKSON SEQUITA ASSESSABLE FEET: 38
1244 TERRACE ST COST PER FOOT: $36.35
@ 1244 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,381.30 1
24-205-244-0004-10 CHEATHEM PERRY LEE/KAREN ASSESSABLE FEET: 38
101 E DELANO COST PER FOOT: $36.35
@ 1250 TERRACES MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $1,381.30 1
24-205-252-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 66
933 TERRACE ST COST PER FOOT: $36.35
@ 1264 TERRACES MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,399.10 1
24-205-252-0002-00 LEVELSTON WILLIES JR ASSESSABLE FEET: 40
344 AMITY AVE COST PER FOOT: $36.35
@ 1270 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,454.oo 1
24-205-252-0002-10 CITY OF MUSKEGON ASSESSABLE FEET: 26
933 TERRACE ST COST PER FOOT: $36.35
@ 1274 TERRACES MUSKEGON Ml 49443 ESTIMATED P.O. COST: $_9_45_.1_0~1
' - I_ _
24-205-252-0003-00 BOSCH JILLEEN K ASSESSABLE FEET: 33
6411 WCLEVELAND RD COST PER FOOT: $36.35
@ 1278 TERRACES MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $1,199.55 1
24-205-252-0003-10 GAGNON WILLIAM/JULIE ASSESSABLE FEET: 33
2090 W GILES RD COST PER FOOT: $36.35
@ 1282 TERRACES MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,199.551
3/5/02 Page 2 of 6
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-252-0004-00 BOSCH JILLEEN K ASSESSABLE FEET: 33
6411 W CLEVELAND RD COST PER FOOT: $36.35
@ 1286 TERRACE S MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $1,199.55 I
24-205-252-0004-10 LAMBOUTHS LUCILLE/LAMBOUT ASSESSABLE FEET: 33
1292 TERRACE ST COST PER FOOT: $36.35
@ 1292 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,199.55 1
24-205-253-0007-10 PASTOOR THOMAS J ASSESSABLE FEET: 66
1291 TERRACE ST COST PER FOOT: $36.35
@ 1291 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-253-0008-00 PASTOOR THOMAS/RENEE ASSESSABLE FEET: 66
1291 TERRACE COST PER FOOT: $36.35
@ 1279 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-253-0009-00 SAVAGE BEVERLY ASSESSABLE FEET: 50
1273 TERRACE ST COST PER FOOT: $36.35
@ 1273 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,817.50 1
24-205-253-0010-10 KARY PHILLIP ASSESSABLE FEET: 38.7
1267 TERRACE ST COST PER FOOT: $36.35
@ 1261 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,406.75 1
24-205-253-0010-20 KARY PHILLIP ASSESSABLE FEET: 43.3
1267 TERRACE ST COST PER FOOT: $36.35
@ 1267 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,573.96 1
3/5/02 Page 3 of 6
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-258-0009-10 GOODWIN OBIE M/GOODWIN O ASSESSABLE FEET: 66
1331 TERRACE ST COST PER FOOT: $36.35
@ 1331 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-258-0010-00 GOODWIN OBIE M ASSESSABLE FEET: 56
1331 TERRACE COST PER FOOT: $36.35
@ 1325 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,035.60 1
24-205-258-0011-00 WASHINGTON MILDRED ASSESSABLE FEET: 35
4025 LOOMIS COST PER FOOT: $36.35
@ 1313 TERRACES MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,272.25 1
24-205-258-0011-10 MUSKEGON HOUSING COMM ASSESSABLE FEET: 41
1080 TERRACE ST COST PER FOOT: $36.35
@ 1317 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,490.35 1
24-205-258-0012-10 GUTIERREZ FIDEL ASSESSABLE FEET: 66
1305 TERRACE ST COST PER FOOT: $36.35
@ 1305 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 I
24-205-259-0001-00 AGUILAR CLEMENTINE ASSESSABLE FEET: 66
1934 E APPLE AVE COST PER FOOT: $36.35
@ 1306 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-259-0002-00 SEARER JAMES R/MARY A ASSESSABLE FEET: 66
113 EMMETT ST COST PER FOOT: $36.35
@ 1316 TERRACES GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $2,399.10 1
3/5/02 Page 4 of6
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-259-0003-00 CHILD & FAMILY SERVICES ASSESSABLE FEET: 387
1352 TERRACE ST COST PER FOOT: $36.35
@ 1324 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $14,067.45 1
24-205-266-0006-00 WOODLAND INDIANS MUSKEGO ASSESSABLE FEET: 31
1391 TERRACE ST COST PER FOOT: $36.35
@ 1391 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,126.85 1
24-205-266-0007-00 JOHNSON PETER F ASSESSABLE FEET: 66
191 IRWIN COST PER FOOT: $36.35
@ 1377 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-266-0008-00 JOHNSON JANET ASSESSABLE FEET: 66
191 IRWIN COST PER FOOT: $36.35
@ 1375 TERRACES MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,399.10 1
24-205-266-0009-00 PRICE ROSEANN ASSESSABLE FEET: 66
1363 TERRACE ST COST PER FOOT: $36.35
@ 1363 TERRACE S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-266-0010-00 CROSBY RENE ASSESSABLE FEET: 66
1357 TERRACE ST COST PER FOOT: $36.35
@ 1357 TERRACES MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,399.10 1
24-205-266-0011-10 DAVIS JASON/DENNIS/MARY ASSESSABLE FEET: 66
927 SMEARS AVE COST PER FOOT: $36.35
@ 1347 TERRACE S WHITEHALL Ml 49461 ESTIMATED P.O. COST: I $2,399.10 1
3/5/02 Page 5 of6
RECONSTRUCTION HEARING DATE MARCH 12th, 2002
Terrace, Irwin to Iona
24-205-267-0001-00 AUSTIN INVESTMENT PROPERT ASSESSABLE FEET: 30.1
785 BROWNE COST PER FOOT: $36.35
@ 1386 TERRACES MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,094_ 14 1
SUM OF ASSESSABLE FOOTAGE: 2230.10 SUM OF ESTIMATED P.O. COST: $81,064.14 I
TOTAL NUMBER OF ASSESSABLE PARCELS 36
3/5/02 Page 6 of 6
. SPECIAL ASSESSMENT
HEARING RESPONSECARD
To have your vote count, ·pl~~~~
...Retum. Thik
',-_,.: ',.
. '
Card By .. MARCH,_, .12th?2062
; . __ __, '·· ·.
' '. . -'' ' ' . ',:_ '-,. -_- .
. P;ojettTitle: Terrace'.lrwinto Iona ..·
• Project Description: -· All parcels
:/{,: ·,.,-. _-_./, . :
abutti~g Terrace..,_-from. s~Jth ··. lonf t() . N()ith'' ofi~in •. ·
·:
- . ,_,, ' ·'-
of .' '. ' ,; - '',
(<.'· :
·1~J~~J~~i6~~ >
•. if you wish {oha,,e your wririen vote inci.uded. as part Ofth~(abuiatibhbi vo,es{o;rWarded ·to
. the City Com1nission for the scneduled public hearir,g, please rt;Jturn this card by ttie date
indi.catedabcive.To use this response card please indic:ate whether.you Oppose or Favor
. tl1is special assess111ent project, sign the form ahd r~turnJtto the. City Clerk's Office .. To .
.retum this card by.mail, simply)'old· on the d,otted. Hnes sot!}e .address on the reverse side .is·•···
showing. He sure to seal the form with a small piece oftape cir staple priot to rnailing. .• .
', .-.-~ -- . ' \'' .: .,:·<>,.- -.-
A~sessmenflnforrna1:ion
· ·Propertyi>.cl~r~ss: •1232•.·· ,.· . ' tER,IY\CE:stiiLr··•...
·.·.• Par&ei
0
N~rrib~/ • 24°205-244~0602:00
0
AS;~~riableFrontage: .• 66 Feet·•
E~til½;tecf~ront • F.oof6dst:•• · $36.35 /. per Foot{ ·. ;tMARi~l 2002frF ·
··Est1M~TEO tdTA2 tbs+ 2 399 10
$ ; · • ·.·· ·.· • 1 • Citvfcl~t~s Ottib~
••· . ~r86~rty [lest~iptiori ,·
.. crrvbFMU~KEG()N>•.··
, . REVISED PLATOF 1903 .
.. . LOT~ BLK244 '. <
. .. - ' ' ' .
·vourvote COUNT;; •
·, . Pleaser vote either in)avor or opposed to the, Special A~se~Srri!?nf$treet ~aving i~roject
•.•,AM INFAV()R . · 1,ll,rvt'QPPQS~o·:.fi, · • ·
::/i.-:-; -'_:·: _:';)f 1
4
SPEC~LASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By MARCH 12th, 2002
Project Title: Terrace, Irwin to Iona
Project Description: All parcels abutting Terrace from South of Iona to North of Irwin
INSTRUCTIONS
i, yuJ 'Nishfo have you, w!ili;;,n vote induded as palloi the labuiaiion of votes furwarded 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: 1250 - TERRACE ST
Parcel Number 24-205-244-0004-10
Assessable Frontage; 38 Feet
RECEIVED
Estimated Front FootCost: $36.35 per Foot MAR 1 2 2002
ESTIMATED TOTAL COST $1,381.30 City Clerks Office
Property DescdQ_l;ion
CITY OF MUSKEGON
REVISED PLAT OF 1903
· 6 ;it{fT bf·_ w 8ti·Fr
LOT 4 BLK244
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;;.,J.;..'...;...;....;;'··'-1_"1...i...
,r...
· ·.;..''·•.;..,.;,.;.._ _ CoOwner/Spouse _ ..._J/,.,.~_..1.... ,.11_i_1._.-:._.,.....fl..';_i:_·,_1____
:, ,_,,.,.n..,...-_.7_·..,
.,,.~_,..,_'
l~?,;l,, ·!/., · ,-·.,"'·,-,: !i.. .,~1.f-'fl.,,J:,,;/f·.:~_.,.""""
;,, • "". Signature_•'. ..... r·,-
:·'·.'._·.'.,.··.•· .,'._.·
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,,;_·,'•.,. /
Signature. , . · ,;,..: • \
I i·,; / • . iL--_-~_ _.....· _·, .-. ...,.,
Address D/ Ii! ·'· ·' l/,)'/i'l Address l,;·,,: r- Du,,, ,·, , .
CHf:.:,c"1 1;::;_:-~c,.:. ::· .. :~::C!;A:?i:;:NjE 9
Thank you for taking the time to vote on this important issue. :,,'1
SPECIAL ASSESSMENT
t HEARING RESPONSE CARD
To have your vote count, please
Return This Card By MARCH 12th, 2002
Project Title: Terrace, Irwin to Iona
Project Description: All parcels abutting Terrace from South of Iona to North of Irwin
INSTRUCTIONS
If you wish to have your written vote inciuded 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: 1261 TERRACE ST
Parcel Number 24-205-253-0010-10
Assessable Frontage: 38.7 Feet RECEIVED
Estimated Front Foot Cost: $36.35 per Foot MAR 1 2 2002
ESTIMATED TOTAL COST $1,406.75
City Clerks Ott1ce
Property Description
C:TY OF MUSKEGON
R!'VISED Pl.AT OF 1903
N 43.7 FT OF E 97 FT OF LOT 10
EX S 5 FT OF E 87 FT THEROF BLK 253
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
10 .
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 MARCH 12th, 2002
Project Title: Terrace, Irwin {o Iona
ProjectOescription: All parcels abutting Terrace from South of Iona to North of Irwin
INSTRUCTIONS·
Ifyou 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 priorto mailing.
Assessment Information
Prnperty Address: 1267 TERRACE ST ·
Parcel Number 24-205-253 .. 0010-20 RECEIVED
Assessable Frontage: 43.3 Feet MAR 12 2002
Estimated Front Foot Cost: $36.35 per Foot
City Clerks Office
ESTIMATED TOTAL COST $1,573.96
Property Description
CITY OF MUSKEGON
REV!SEO PiAT OF 1903
S 27.3 FTOF E 87 FT LOT 10 &
W 10 FTOF E 97 FTOF S22.3 FTOF LOT 10 &
W 21 FT OF E 1·:a FT OF S 4.3 FT LOT 10 &
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.
H-1547 TERRACE, IRWIN TO IONA
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EEEI PERCENTAGE TOTAL NUMBER OF PARCELS - 36
FOR ! ' OPPOSE
LETTER# PARCEL# ST# ST NAME FEET LETTER# PARCEL# ST# ST NAME FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2230.100 · - 4 24-205-244-0002-00 1232 TERRACE 66.00 9 24-205-244-0004- 10 1252 TERRACE 38.00
10 24-205-253-001 0-10 1261 TERRACE 38.70
FRONT FEET OPPOSED ~ ~ / . J'l?o 12 24-205-253-0010-20 1267 TERRACE 43.30
RESPONDING FRONT FEET IN FAVOR 66.000 2.96%
NOT RESPONDING - FRONT FEET IN FAVOR 2044.100 91 .66%
TOTAL FRONT FEET IN FAVOR 2110. 100 94.62%
TOTALS 66.00 120.00
TABULATED AS OF: 03/12102 05:12 PM
03/1 2/20025:12 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING TERRACE
-·
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: March 12, 2002
RE: Public Hearing
Spreading of the Special Assessment Roll on:
Barney Ave., Valley to Roberts
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment roll for Barney Ave. from
Valley to Roberts, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$115,832.99 would be spread against the ten (10) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF.MUSKEGON
Resolution No. 2002-32(e)
Resolution Confirming Special Assessment Roll
For Barney Ave., from Valley to Roberts
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 13, 2001, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Barney Ave., from Valley to Roberts
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Gawron , Larson , Schwei fler , S12atar o 1 War mingt on , Buie
Nays: None
Gail A. Kundi nger, Ci ty Cl
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on March 12, 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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being March 12, 2002.
-·
MAYOR'S ENDORSEMENT AND WARRANT
Barney Ave., from Valley to Roberts
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
ECELANOAV
\
N
~tj '=3~ i
.
I
.~·'
I J I SPECIAL ASSESSMENT DISTRICT •-
"LOCATION MAP"
t;
~
EHOVEYAV z
,,,-- I
. I I I_gr-----,,--~_J_
~
f!!
__
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H -1527 BARNEY, VALLEY TO ROBERTS
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 STATESMAILRECEPTACLEONTHE 1st DAY OF MAR H 2002.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
1,2-t/2 DAY OF ZZh cc/2 2002. ,
~ -002, ~
ARYPUBtIC, MUSKEGON COUNTY, MICHIGAN
L ,·,, cl. C\. ...5 . f?c f-f r r
MY COMMISSION EXPIRES 7- ::J S- -o d--.
-·
March 1st, 2002
BAY CARTAGE CO
2653 OLTHOFF ST
MUSKEGON, Ml 49444-2680
Property Parcel Number: 24-133-300-0002-00 at OE BARNEY AVE
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
Barney Avenue, Valley Street to Roberts Street.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
March 12th, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED March 12th, 2002YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.
The final projected cost of the street improvement portion of the project is $226,000.00 of which
$115,832.99 (51.3%)will be paid by special assessment to property owners. If the special assessment is
confirmed, your property will be assessed $9,451.00 based on 260 feet assessable front footage at
$36.35 per assessable foot for the street improvements. In addition, you will be assessed $0.00 for
driveway approach and/or sidewalk improvements made to your property for a total special assessment
cost of $9,451.00. Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $945.1 O
Due Date: MAY 14th, 2002
0
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The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
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Procedure for protesting special assessments under to
the Michigan State Tax Tribunal.
Step 1: you must protest at the first hearing or by writing 30 days following
the meeting.
Step 2: This protest becomes an official record. Either in the minutes of the
meeting, or a copy of your letter. This ensures that your rights are
confirmed.
Step 3: After the completion of the project in your area, a second hearing
will be held to confirm the Special assessment district. After this time you
may file a official protest with the Michigan State Tax Tribunal. At which
time your earlier protest will be used as record.
MICHIGAN TAX TRIBUNAL
1033 S. Washington Ave.
P.O. Box 30232
Lansing, Ml 48909
S:IENGINEERING\COMMON\2001 PROJECTS MASTER FILE\PROJECTS\Bamey, Valley lo Roberts\CONFIRM\Procedu«: for
protesting special assessments under to the Michigan State Tax Tribunal.doc
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I
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 (Law 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.
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CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
BARNEY AVE., ROBERTS TO VALLEY (H-1527)
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Barney Ave. from Roberts to Valley
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at
the City of Muskegon Commission Chambers on MARCH 12, 2002 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment roll that has been prepared and submitted for the purpose of said
hearing and for examination by those persons to be assessed. The special assessment roll is on
file and may be examined during regular business hours at the City Engineer's office between
8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RlGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS
FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL
WITH THE MICHIGAN STATE TAX TRJBUNAL. HOWEVER, UNLESS YOU PROTEST
AT THIS HEARING OR DID SO AT THE PREVIOUS HEARJNG ON THIS SPECIAL
ASSESSMENT DISTRJCT EITHER IN PERSON OR BY AGENT, OR IN WRJTING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRJBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The
purpose of this hearing is to hear objections to the assessment roll and to approve, reject, or
correct the said roll.
Gail A. Kundinger, City Clerk
Publish: MARCH 2, 2002
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
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1
·cEIVtU
. ~r~ OF MUSKEGON
CITY OF MUSKEGON f.1/.\R 2 i 2001
Resolution No. 2001-28 ( d)
; ~~'NEERING DEPT.
Resolution At First Hearing Creating Special Assessment District
For Barney Street from 2.5' East of the Easterly R-OW line of Valley to 20' West of the
Westerly R-O-W line of Roberts
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 13, 2001 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 13, 2001, there were 17. 79 % 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.
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3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Spataro and -~~~~..,.,..-----
Shepherd
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 35.86% 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_ _~S~p=at_a=r~o~,~A~s-'-la=k~s~o'-n~,-'N-'-i~e=l=s=e'-'-n,_,-'S'-'c"'h"'w=e-'-if'--1'-'P'-'-.r__,.--=-S=he--".p=h=e=r=d,_,_S'-i~e=r-"a=d=z'-'-k'-i__
Nays___B_en_e_d_i_c_t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By ~Q-~.
ail A. Kundinger, C l e ~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 13, 2001. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
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EXHIBIT A
BARNEY Street from VALLEY TO ROBERTS
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of All properties abutting Barney from 2.5' east of the
easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street
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AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 13 TH DAY OF MARCH, 2001 THE CITY COMMISSION
ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL
ASSESSMENT DISTRICT:
All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street
to 20' west of the westerly ROW of Roberts Street.
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON MARCH 3, 2001.
DEPONENT FURTHER 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 Il{ AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF IvIAR H 2001.
0. i
SUBSCRIBED AND SWORN TO LORE ME THIS
)Sf/4 DAYOF 1Z)o4c ,2001.
ai/Y1&1 J l1l1i4
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 'f~ c2C:-o e?,,
H-1527 HEARING DATE MARCH 12TH, 2002
Barney Avenue, Valley Street to Roberts Street.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-133-300-0002-00 0 BARNEYAVE BAY CARTAGE CO 2653 OLTHOFF ST MUSKEGON Ml 49444-2 $9,451.00 $0.00 $9,451.00
24-133-300-0014-00 0 BARNEYAVE GETTYRIDGE 696 PINE MEADOWS WILLIAMSTON Ml 48895-1 $10,431.72 $0.00 $10,431.72
24-133-300-0001-00 0 BARNEYAVE MCINTYRE JOHN RILi PO BOX 1088 MUSKEGON Ml 49443 $1,454.00 $0.00 $1,454.00
24-133-300-0015-00 0 BARNEY AVE TRIDONN DEVELOPM 1838 RUDDIMAN MUSKEGON Ml 49445 $7,698.93 $0.00 $7,698.93
24-861-000-0193-00 0 VALLEY ST TRINITY VILLAGE II LT DIVIDEND HOUSING MUSKEGON Ml 49444-0 $9,534.61 $0.00 $9,534.61
24-133-300-0009-00 951 BARNEY AVE INTRA CITY DISPATCH 951 E BARNEY AVE MUSKEGON Ml 49444 $11,227.06 2,094.64 $13,321.70
24-133-300-0001-10 1000 BARNEY AVE MUSKEGON TOOL PR 1000 E BARNEY AVE MUSKEGON Ml 49444 $9,087.50 3,112.78 $12,200.28
24-133-300-0004-00 1122 BARNEY AVE JOHNSTONS ENTERP 7300 CLYOE PARKS GRAND RAPID Ml 49509 $10,347.75 2,893.37 $13,241.12
24-133-300-0005-00 2285 ROBERTS ST BAY CARTAGE CO 2653 OLTHOFF ST MUSKEGON Ml 49444-2 $6,932.76 1,959.79 $8,892.55
24-133-300-0016-00 2399 ROBERTS ST BTOH INC PO BOX28606 ATLANTA GA 30358-0 $29,607.08 $0.00 $29,607.08
Page 1 of 2
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Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Pension Ordinance Clarification
SUMMARY OF REQUEST: Section 10(d) of the City's Police & Fire Retirement
System ordinance provides that "a member who remains in the employ of the city but
ceases to be a police officer or a firefighter shall remain a member of the retirement
system for the duration of his City employment." This provision recently came into
play when the former Fire Marshall assumed the position of Director of Inspections.
The current ordinance does not, however, specify the benefits or contributions
pertaining to an affected employee. Attached is a technical correction ordinance
intended to address this matter. It provides that the contributions and benefits will be
the same as if the member had not left employment with the Police or Fire
Departments.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None. The position was budgeted with the
pension benefits accorded to a Fire Department position.
STAFF RECOMMENDATION: Approval.
9/18/97
PARMENTER o-TOOLE
Allomeys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231 .722.7866 or 231.728.2206
www.Parmenterlaw.com
January 28, 2002
Tim Paul
Finance Director
City of Muskegon
P .O. Box 536
Muskegon,MI 49443-0536
Re: Police/Fire Retirement System
Dear Mr. Paul:
Enclosed is an Ordinance Amendment providing for benefits and contributions for members who
leave a police or fire bargaining unit and accept a position nonnally subj ect to the General
Employee's Retirement System (Bob Grabinski), which as been revised based upon our previous
discussion.
If you have any further questions or concerns, please let me lmow.
yr:l>r·
John C. Sclu·ier
JCS:mmf
G:\EDSI\FILES\00100\0009L\LTRIA01765.DOC
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _ __
An ordinance amending Appendix A of the Code of the City of Muskegon concerning
Police-Fire Retirement System Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The Police-Fire Retirement System Ordinance is amended as follows:
1. Section 10. RETIREMENT SYSTEM MEMBERSHIP
Section 10 shall be amended to read as follows:
Section 10. (a) The membership of the retirement system shall include all police
officers and firefighters who are in the employ of the city and all police officers and
firefighters who become employed by the city, except as provided in subsection (b) of
this section.
(b) The membership of the retirement system shall not include:
(1) Temporary or civilian employees of the police or fire departments,
(2) Special officers or special firefighters, or
(3) Privately employed police officers or firefighters.
(c) Except as provided in subsection (d) of this section and except for the
purposes of section 11, subsection (c), should any member cease to be employed by the
city as a police officer or a firefighter he shall thereupon cease to be a member.
(d) A member who remains in the employ of the city but ceases to be a police
officer or a firefighter shall remain a member of the retirement system for the duration of
his city employment. A member who retains membership in this retirement system
pursuant to Section 10(d) shall be required to make contributions and is afforded
retirement benefits as if the member had not left employment within the Police or Fire
Department.
(e) In any case of doubt as to the membership status of any person the board shall
decide the question within the meaning of the provisions of this ordinance.
In all other respects Appendix A of the Code of the City of Muskegon shall remain in full
force and effect.
This ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
G :\EDS I\FILES\001 00\0009l \ORD lN\929642.DOC
Adoption Date: _ _ _ _ _ _ _ _ _ _~
Effective Date: - - - - - - - - - - -
Fi rs t Reading: _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: _ _ _ _ _ _ _ _ _ _ _ _~
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1iify that the foregoing is a trne 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 ___ day of _ _ _ _ _ _ _~ 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 ce1iify 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:----~ 2002
Gail A. Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
G:\EDS 1\F!LES\001 00\0009L \ORD IN\9Z9642. DOC
Commission Meeting Date: March 12, 2002
Date: March 6, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Option to Purchase Buildable Large Vacant Lots
in Jackson Hill Neighborhood for Finlay
Properties, Inc. for Senior Housing Development
SUMMARY OF REQUEST:
To approve an option agreement between the City of Muskegon and Findlay Properties, Inc.
for two large parcels of vacant land in Jackson Hill Neighborhood (designated as parcel
numbers 24-205-020-0008-00 and 24-205-0019-0012-20) and described as:
Parcel No. 1: CITY OF MUSKEGON REVISED PLAT OF 1903 S 44 FT LOT 7 ALL LOT 8
& 9 & THAT PART OF LOT 10 LYING W OF MCLAREN ST BLK 20 ALSO LOTS 2 & 3
BLK 21 ALSO LOTS 4 & 5 BLK 22 S OF SUMNER AVE
Parcel No. 2: CITY OF MUSKEGONREVISED PLAT OF 1903 S 108.35 FT LOT 9 ALL
LOT 12 EXC N 99 FT OF E 132 FT OF LOT 12 BLK 19 ALSO THAT PART OF LOT 10
BLK 20 LYING E OF MCLAREN
FINANCIAL IMPACT:
The sale of these lots for construction of a senior housing development 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 option agreement.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval of the sale of this property
to Findlay Properties, Inc. for a senior housing development at their February 26, 2002
meeting.
3/6/02
c/1 (J Os2 - .l 3 (6)
OPTION AGREEMENT
THIS AGREEMENT is made tllac ch
/,2 , 2002, between the City of
Muskegon ("Owner"), of 933 Terrace St., Muskegon, MI 49440, and Finlay Development,
LLC, a Florida limited liability company, ("Purchaser"), of 4300 Marsh Landing Boulevared,
Suite 101, Jacksonville Beach, Florida, with reference to the following facts:
RECITALS
A. Owner owns parcels ofreal property located in the City of Muskegon, County of
Muskegon, State of Michigan, as legally described on attached Exhibit A, together with all
easements, rights-of-way, and appurtenances thereto ("Property").
B. In consideration of Purchaser investing time and money to investigate
development of the site, Owner is willing to grant an
exclusive option to purchase the Property
according to the terms and conditions set forth in this Option Agreement.
THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND ADEQUACY OF WIIlCH IS ACKNOWLEDGED, THE PARTIES
AGREE AS FOLLOWS:
1. Grant of Option. Owner grants to Purchaser the exclusive option to purchase the
Property ("Option").
2. Period of Option. This Option shall remain open, irrevocable and subject to
exercise at any time from the day this option is executed by Purchaser until 5:00 P.M., December
31, 2002, ("Option Period"). After said date and time the option shall terminate.
3. Option Fee. Upon execution of this option agreement by the Purchaser,
Purchaser shall deliver to the Owner a duplicate original of the signed option together with
certified funds in the amount of $1000.00, being the consideration for this option. The fee is
separate consideration, not refundable, and shall not be credited against the purchase price.
3. Exercise of Option. This Option shall be exercised by Purchaser giving Owner
written notice within the Option Period.
4. Price and Terms of Payment. The purchase price for the Property will be
$45,000 ("Purchase Price"); At closing, Purchaser shall tender to Owner the Purchase Price by
paying Owner, in cash, the Purchase Price.
6. Closing. If this option is properly exercised, the closing shall take place at the
closing offices ofTransnation Title Insurance Company, Muskegon, Michigan, within ten days
S:\PLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABL~ Lf T_SALES\FINDLAY PROPERTIES\FINLAY OPTION AGREEM ENT.DOC
after Owner has obtained (or Purchaser has obtained on behalf of Owner) a title insurance
commitment evidencing marketable title in the Owner or prior to the expiration of this option,
whichever is later. Purchaser will notify Owner of the time and date of closing. In the event the
title commitment as furnished by Owner is objected to by Purchaser, Owner shall have twenty-
eight 28 days after receiving written notice, to remedy any claimed defects in title. In the event
the same cannot be adequately remedied to Purchaser's satisfaction, this Agreement may be
terminated by Purchaser or Purchaser may proceed with closing subject to any such defects in
title. Purchaser shall pay all costs of such title commitment. If the Option is exercised and
closing occurs, Owner shall pay the cost of the owner's policy of title insurance.
7. Costs at Closing. The parties will pay the following costs at closing: Owner will
pay for the title insurance premium and the documentary stamps if any; Purchaser will pay
recording costs. Each party will pay its own attorneys fees.
5. No Real Estate Broker. Neither party has retained the services of a real estate
broker. In the event any claim is made for real estate brokerage fees they shall be the
responsibility of the party with whom the Broker has a contract and each party shall hold the
other harmless from any such liability.
6. Documentation at Closing. At closing, Owner shall tender to Purchaser a quit
claim deed to the premises above described, together with any necessary documentation required
to comply with the requirements of any title insurance commitment.
7. Taxes, Special Assessments and Other Indebtedness. Taxes, if any, shall be
prorated as if paid in advance on a fiscal year basis. The parties understand that there are no
current taxes, since the property is held in City ownership.
8. Right to Inspect. Owner grants Purchaser the right to enter the Property at
reasonable times for the purpose of performing any and all inspections deemed reasonably
necessary by Purchaser, including survey, soil borings, environmental investigations and testing.
Owner has no knowledge of and make no representations regarding the presence or non-
presence, now or in the past, of hazardous wastes or substances, or of underground storage tanks
on the Property which is the subject of this agreement, nor with respect to any environmental
conditions affecting the Property. Purchaser agrees to restore the Property in its same or better
condition following completion of the inspection period.
9. Liens and Encumbrances. Purchaser shall not cause liens, conditions of title or
other encumbrances to occur on the Property during the Option Period.
10. Notices. Any notice that either party may give or is required to give under this
Option Agreement shall be in writing and, if mailed, be effective three days after being sent by
first class mail, postage prepaid, addressed to the other party at the other party's address as set
forth in this Option Agreement, or at any other address that the other party provides in writing.
C:\TEMP\A35994.DOC
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11. Failure to Exercise Option. If Purchaser fails to timely exercise this option,
then this option and right to purchase shall cease.
16. General Provisions.
a. Risk of Loss. Following execution of this Option Agreement and until
closing on the purchase of the Property, the risk ofloss because of damage to or
destruction of any improvements located on the Property shall be solely that of Owner.
Following closing, risk ofloss shall shift to Purchaser.
b. Governing Law. This Option Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
c. Assignment. The Owner having determined that Purchaser is uniquely
acceptable to it for the development of the Property, no assignment of this option without
the written consent of the Owner is permitted. Owner shall have sole and unlimited
discretion to refuse to accept any assignee as an interested party in this agreement.
d. Successors. All terms and conditions of this Option Agreement shall be
binding upon the parties, their successors and assigns.
e. No Third Party Beneficiary. This Option Agreement shall benefit only the
parties to this Option Agreement, and not any third party.
f. Severability. In case any one or more of the provisions contained in this
Option 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 hereof, and this Option Agreement shall be construed as if such provision( s)
had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Option Agreement, and in any
instrument provided for herein, shall survive the closing date and continue in full force
and effect after the consummation of this purchase and sale.
h. Modification of the Option Agreement. This Option Agreement shall not
be amended except by a writing signed by Owner and Purchaser.
Signatures are on the next page.
C:\TEMP\A35994.DOC
-3-
OWNER-City
Linda.Potter; Deputy City Clerk
Date: (lZ, c0b 1-2, Joo;)_
Date: 31f /C1 Ilo J..
C:\TEMP\A35994.DOC
-4-
Legal Description
The South 44 feet of Lot 7, all of Lots 8and9, and that part of Lot 10 lying West of
McLaren Street, all in Block 20; also Lots 2 except the Northerly 66 feet and 3 of Block 21; also
the South 108.35 feet of Lot 9 of Block 19; also Lot 12 except the North 99 feet of the East 132
feet of the said Lot 12, Block 19; also that part of Lot 10, Block 20 lying East of McLaren
Street, all in the Revised Plat of 1903 of the City of Muskegon, in the County of Muskegon,
State of Michigan.
S:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABL~ '-ST_SALES\FINDLAY PROPERTIES\F!NLAY OPTION AGREEMENT.DOC
Commission Meeting Date: March 12, 2002
Date: March 6, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Contract for Payments in Lieu of Taxes For Finlay
Properties, Inc. Housing Development- Jackson
Hill
SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for the
Finlay Properties, Inc. development (see map attached) has been requested in
accordance with Section 2-6 of the City Code of Ordinances. Members of Finlay
Properties, Inc. have met with City staff, as well as members of the Jackson Hill
Neighborhood Association. The Association has been very supportive of their
project.
FINANCIAL IMPACT: Payments under the contract are recommended to be four
percent (4%) of the highest contract rents for all eligible units, whether occupied or
not
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staffs recommends that the City Commission
approve the attached Contract and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
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CITY OF MUSKEGON
CONTRACT FOR HOUSING EXEMPTION
This Agreement between Finlay Development, LLC, a Florida limited liability
company, 4300 Marsh Landing Boulevard, Suite 101, Jacksonville Beach, Florida
32250 ("Developer") and City of Muskegon, 933 Terrace Street, Muskegon, Michigan
("City") is made pursuant to the following terms:
RECITALS
A. Developer has acquired an option to purchase a site in the City of
Muskegon for the construction of a proposed low-income housing project (for the
elderly) as defined in City Ordinance 2-6(e)(3), (the "Project").
B. Developer and an affiliate of Developer, to be formed, have or will enter
into an agreement to form a limited dividend housing association to function as owner of
the proposed low-income housing project. The owning entity to be formed will be
identified as Finlay Interests 47 Limited Dividend Housing Association Limited
Partnership, a Michigan limited partnership.
C. The City encourages construction and financing of the said low-income
housing project which is identified by the working name of The Village at Jackson Hill.
D. To further enable and encourage the construction of the housing project,
Developer and the City enter into this Agreement.
E. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Grant of Exemption. As contemplated and pursuant to Act 346 of the
Public Acts of 1966, as amended, the State Housing Development Authority (the "Act"),
the City hereby grants an exemption from all property taxes attributable to the buildings
which consist of rental units offered to eligible low income persons and families as
defined by the Michigan State Housing Development Authority (the "Authority").
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 Internal Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority
Regulatory Agreement not to exceed 25 years. The City agrees to be contractually
bound by this Agreement to honor the exemption status of the proposed project as
provided therein and in this Agreement for the entire period during which the Project is
financed by the Authority or receives low income housing tax credits under Section 42
{D0020691.1 MBP 006233-0007) 1
of the IRS Codes, 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 Developer. The Developer agrees to perform the
following:
3.1 The Developer shall pay the service charge and payment in lieu of taxes
set forth in Section 2-6(F) 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 Developer
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 payments in lieu of
taxes in the event of default as set forth in 2-6(h), (i), and G) or the Ordinance. The
service charge shall equal four percent (4%) 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 Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority'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 low income housing tax credits constitutes financing of the loan
by the Authority 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 to be formed, and further shall benefit
the Authority, or such other mortgagee as may have financed the housing project, which
may enforce this Agreement, both as its interest may appear, and on behalf of the
Developer 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 and inure to
the benefit of the parties hereto and their respective heirs, administrators, personal
representatives, successors and assigns.
9. Effective Date. The effective date of this Agreement is the date that
Developer or its assignee acquires the property.
{D0020691.1 MBP 006233-0007} 2
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicated below.
Dated: 7Zlqr<,, /2 /,,½< , 2002
Dated: ll7acc h /c2 , 2002
Dated: /V/ttrch (4 2002
{D0020691.1 MBP 006233-0007) 3
Sent By: FINLAY PROPERTIES INC; 9042809993 Mar-6-02 12:47PM; Page 2/2
3/6/02
FINLAY PROPERTIES The VIiiage at J, ck8on Hill
Muskegon
Muakegon, Ml
Opt!tatinq Assumptions
Rehab Unlta 0
New Units ~
Total Unita 40
UnltTvne set-aside Bedrooms Baths #of Uni R Unit Size Max Net Rent Monthlv Rent Annual Rent
1 40% 1 1 7 750 $ 459 $ 376 $ 31,600.80
2 40% 2 1 3 950 $ 552 $ 453 $ 70 590.00
3 45% 1 1 6 750 $ 516 $ 433 $ 31,190.40
4 45% 2 1 2 950 $ 621 $ 522 $ 75,096.00
5 60% 1 1 1 750 $ 689 $ 550 $ 6 600,00
6 60% 2 1 1 950 $ B2B $ 675 $ 8,100.00
7 $ -
8 $ -
9 $ -
10 $ -
11 $ -
12 $ -
Totals 66 40 0 35,200 $ 223,177.20
Average 1.65 1 880 $ 465 $ 5,579.43
Max Gross Rents Utility Max Net Rents
40% 45% 60% Allowan e 40% 45% 60%
Efficiency $ . $ - $ -
1 bedroom $ 459 $ 516 $ 689 $ 3 $ 386 $ 443 $ 616
2 bedroom $ 552 $ 621 $ 826 $ ·o $ 463 $
.
532 $ 739
3 bedroom $ - $ $ - $ -
3 bedroom
Date: March 4, 2002
To: Honorable ~~~nd City Commissioners
From: Ric Scott )Yc/2/P
RE: Arena Compressor Donation
SUMMARY OF REQUEST:
To donate the old arena compressor to The Winter Sports
Complex
FINANCIAL IMPACT:
The City purchased the compressor for about $50,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve, pending determination of possible city use of
the compressor
COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
Affirmallve Acllon
231/724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Ser vice
231/724-6716
FAX/724-4405 West Michigan's Shol'ellne City
Clerk
23 I /724-6705 Date: March 4 , 2 002
FAX/724-4 178
Comm. & Neig h.
To: Honorable M~~-and City Commissioners
Ser vices
23 I /724-6717
Fr om: Ric Scott lf<JU r
FAX/726-250 I
Re: Arena Compressor Donation
Engineer ing
23 I /724-6707 The Winter Sports Complex has requested that we donate
FAX/727-6904
to them the used ice compressor from the arena.
Finance Originally we paid about $50 , 00 0 for the compressor .
23 I /724-6713
FAX/724-6768
The compressor became expendable when the renovations
were done a few years ago.
Fire Dept.
231 /724-6792
FAX/724-6985
At their meeting on October 15 th , 2001 , the Leisure
Services Board approved giving the compressor to the
Income Tox
231/724-6770
Winter Sports Complex.
FAX/724-6768
The first week on November , I met with the Lakeside
Info. Systems
231/724-6744
Neighborhood Association about projects they would like
F AX/722-430 I to see done at Seyfarth . One of the projects they
Leisure Service
requested was a refrigerated ice rink. That request was
231/724-6704 sent on with other options to the Community Foundation
F AX/724-1196
for consideration by the Seyfarth Family.
Manngcr's Office
231 /724-6724 Because i t made no sense to give away a compressor that
FAX/722-12 14 could b e used at Seyfarth , I did not send on the request
Mayor's Office from the Sports Council to the Commission. To the best
231/724-6701 of my knowledge , the Winter Sports Complex is not yet
FAX/722-1214
ready to build the refrigeration unit at this time. The
Inspection Services
23 I /724-6715
Seyfarth Family has indicated that they will not make
FAX/726-2501 any decisions about futur e projects at Seyfarth until
Plonnlng/Zonlng
they return to Muskegon this spr ing.
231/724-6702
FAX/724-6790 While I understand that the Winter Sports Complex is now
Police Dept.
counting on the compressor for their use , I would
231 /724-6750 recommend that that we put off maki ng that decision
FAX/722-5140
until we decide whether we would l i ke to build a
Public Works refrigera ted ice rink at Seyferth.
23 I /724-4100
FAX/722-4188 This issue is being brought to the City Commission at
Treasurer this t i me because the Leisure Services Board r e comme nde d
23 I /724-6720 at their me eting in Febr uary that we bring i t to you at
FAX/724-6768
this time.
Water DIiiing Dept.
231 /724-6718 Tha nk you for your consideration .
F AX/724-67 68
Water Flltrallon
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
City of Muskegon
Equipment Lease Agreement
~oo~ - 3'f(o..)
This lease agreement is made effective on March 15, 2002, betv,,een the City of Muskegon
("Lessor"), a Michigan municipal corporation located at 933 Ten-ace St., Muskegon, Michigan
49440, and Muskegon Sports Council, a Michigan Non-profit Corporation, ("Lessee"), located at
P.O. Box 5085, No1ih Muskegon, MI 49445.
Background
A. Lessor owns a certain compressor for the purpose of making ice ("Equipment").
B. Lessee requires the Equipment for the following purpose ("Purpose"):
To use for making ice and maintaining ice surfaces in various facilities at the
Winter Sports Complex in the Muskegon State Park.
C. Lessee desires to lease the Equipment from Lessor and Lessor desires to lease such
Equipment to Lessee for the Purpose stated above and pursuant to the tenns and conditions of this
Agreement.
Therefore, the parties agree as follows:
1. Lease. Lessor leases to Lessee, and Lessee leases from Lessor the Equipment
owned by Lessor, which is specifically described on Schedule A.
2. Term. The tenn of this lease shall be for twenty (20) years, commencing on March
15, 2002. Renewals may be negotiated.
3. Transportation, Installation and Maintenance of Equipment. Lessee shall be
responsible for providing for the pick-up, assembly, insatallation, maintenance and return of the
Equipment and all costs associated with those functions.
4. Rental. Lessee agrees to pay Lessor as rent for the Equipment the sum of $ 1.00 per
year. The sums payable under this lease shall not entitle Lessee to any equity interest in the
Equipment.
5. Taxes. Lessee shall pay all taxes, assessments, and other governmental charges
levied against the Equipment or this lease agreement.
6. Insurance. Lessee agrees to procure and pay the premium for liability insurance,
cove1ing both damage to persons and prope1iy incmTed dming the use of the Equipment, in an
amount not less than $ 100,000.00 with an insurance company satisfactmy to Lessor. The insurance
policy shall name both parties as insured paiiies. The insurance policy shall cover liability for any
loss, damage, injmy, or other casualty to persons or properiy caused or occasioned by or aiising
from any use of the Equipment by or negligence of Lessee or any of Lessee's agents, servants,
Page 1 of 1
C :\WINDOWS\TEMPIA4244 7_ .doc
visitors, licensees, or employees during the lease tenn. The insurance policy also shall provide for
full standard extended risk insurance covering damage to the Equipment by fire, wind, stonn, or
other insurable casualties, in an amount equal to the full insurable replacement value of the
Equipment. A copy of the insurance policy(ies) or certificate(s) of coverage shall be provided to
Lessor at the time of pick-up.
7. Responsibility for Care, Use, and Maintenance of Equipment.
a. Lessee shall maintain the Equipment in good condition and repair and shall pay
for all damage or destruction of the Equipment during the lease tenn.
i. TI1e cost for the destruction of an item of equipment shall be its
replacement cost less reasonable depreciation.
ii. The cost for damage resulting during the tenn shall be the decrease
in value resulting from such damage and the cost for repairs that are necessary to
such Equipment.
b. Lessee agrees that the Equipment will be operated by competent employees and
will be used solely for the Purpose stated above.
c. Lessee agrees not to change, alter, or remove, or pennit to be changed, altered,
or removed, any insignia, lettering, serial number, or model name on the Equipment. If
requested by Lessor, Lessee shall identify the Eqnipment conspicuously with a sign or
lettering indicating Lessor's ownership.
d. In the event of any loss, theft, or destruction of all or any part of the Equipment,
or damage of it beyond repair, Lessee shall notify Lessor promptly and hold the Equipment
or any wreckage available for disposal.
e. Lessee agrees not to pennit others to use the Equipment, for hire or otherwise,
without first obtaining the written consent of Lessor.
8. Ownership. The Equipment is, and shall at all times remain, the sole and exclusive
property of Lessor; Lessee shall have no right, title, or interest in it except as expressly set forth in
this lease.
9. Personal Property. The Equipment is, and shall at all times remain, personal
propetiy and shall not become a fixture or become a paii of the real estate upon which it is located.
10. Assignment; Subletting. Lessee agrees not to assign, sublease, or transfer the
leasehold interest in the Equipment granted under this lease without first receiving the prior written
consent of Lessor.
Page2 of2
C:\WJNDOWS\TEMP\A42447_.doc
11. Quiet Enjoyment. Lessor covenants and agrees with Lessee that if Lessee
perfonns all of the conditions and covenants in this lease, Lessee shall peaceably and quietly hold,
possess, and use the Equipment.
12. Default. If Lessee (1) defaults in making any payment under this lease or violates
or fails to perfonn any of the tenns and provisions contained in this lease, or (2) becomes
insolvent, files a petition in bankruptcy, has a receiver appointed, executes an assigmnent for the
benefit of creditors, ceases doing business as a going concern, has a writ of attachment,
garnishment, execution, or other legal process issued against Lessee, the Equipment, or any of
Lessee's other prope1ty, or attempts to remove, sell, transfer, encumber, sublet, or part with
possession of the Equipment, then Lessor or its agents may, without demand or notice, tenninate
this lease agreement and enter, with or without process oflaw, into any premises of or under the
control or jurisdiction of Lessee or any agent of Lessee where the Equipment may be and take
possession of the Equipment, and may disconnect and separate the Equipment from any other
property using all necessary force permitted by law. Lessee expressly waives all further rights to
possession of the Equipment and all claims for injury suffered through or loss caused by the
repossesston.
13. Relationship between Parties. The parties agree that the only relationship created
under this Agreement is that of Lessee and Lessor. In no way does this Agreement create a
partnership, association, joint venture, or any other relationship
14. Notices. Any notice specified in this lease shall be deemed properly given if
delivered in writing personally or by certified mail to the parties at their addresses listed above, or
at any other addresses that may be communicated by the parties to each other in writing.
15. Severability. If any provisions of this lease are detennined to be illegal or
unenforceable, then the remaining provisions shall nevertheless be binding with the same force and
effect as if the illegal or unenforceable parts were deleted.
16. Headings. The headings contained in this lease are for convenience only and are
not to define, explain, modify, or aid in intetpreting the contents of this lease.
17. Binding Effect; Third Parties. This lease shall be binding upon and shall inure to
the benefit of Lessor and Lessee and their respective heirs, administrators, successors, and assigns.
No benefit from this agreement shall enure to any person or entity not a party to this agreement.
18. Governing Law. This lease agreement shall be subject to and governed by the
laws of the state of Michigan, and the parties consent to jurisdiction of the Michigan courts over
this agreement and over the pa1ties in any proceeding to enforce this agreement.
19. Counterparts. This lease may be execnted in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
Page 3 of3
C:\WINDOWS\TEMP\A4244 7~.doc
20. Gender and Number. As used in this lease, unless the context clearly indicates
the contrary, the singular number sh all include the plural, the plural the singular, and the use of any
gender or neuter shall be applicable to all genders and neuters.
The parties have executed duplicate copies of this lease agreement.
Date Signed ~ o\a_, 2002
Gail A. Kundinger, Clerk
J,ESS~ n Sports Council ,
By Q~
Nam e: r-'c-7c7-?'i: J, 3"~£.J,.t,6.J'
~ f,Ra02
Title: /'tf;ES10£?11Jr
Date signed:
Page 4 of 4
C:IWINDOWSITEMPIA42447_.doc
Description of Leased Equipment
York Chiller Package.
Model No. YC\VJ77VU0/46PES
Serial No. YKAM 953819
C:\WJNOOWS\TEMP\A42447_.doc
AGENDA ITEM# - - - -
TO: Mayor and City Commissioners
FROM: Lee J. Slaughter, Assistant City Manager
DATE: February 28, 2002
RE: Tentative Agreement Reached with SEIU 517M, Unit 2
SUMMARY
Staff recommends approval of the set of tentative agreements reached with Unit 2 of the
Service Employees International Union (SEIU) 517M on January 24, 2002. Tentative
Agreements were ratified by the union at a meeting held last night, February 27, 2002.
FINANCIAL IMPACT
The overall financial packet is little over 12% of payroll. The packet includes four major
economic agreements:
Wages:
Contract Yrs.
3.00% 3.00% 3.00%
Multiplier:
Increased from 2.1 % to 2.25%, effective 1/1/02
Longevity:
Years of Service: 5 10 15 20 25
% of Base Pay ($15,000): 2%, 4%, 6%, 8%, I 0%
Effective 1/1/03
Dental Plan:
Increased Orthodontic Maximum from $1000 to $1500 effective 1/1/02.
BUDGET CHANGE
None
STAFF RECOMMENDATION
Staff recommends approval.
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 3/12/02
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 6, 2002
RE: Seaway Industrial Park Development Agreement
SUMMARY OF REQUEST:
To approve a development agreement with Robert Grooters Development Company for the sale
of property in the Seaway Industrial Park and the creation of a Renaissance Zone for the
project.
FINANCIAL IMPACT:
The City would receive income taxes from the development. The development would be
exempt from property taxes if a Renaissance Zone is created.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the development agreement.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\I\DMIN\AGNDAFRM
JMS - 0: (GROOTERS-DEVLOP AGMT-COV SHEE1)
DATE: March 11 , 2002
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Discussion and authorization for staff to appeal the decision by
Historic District Commission regarding the demolition of 1121 and
1129 Peck St.
SUMMARY OF REQUEST: These two properties were declared dangerous
buildings by the Housing Board of Appeals in January and February 2002
respectively. Because these properties are located within a historic district, they
were presented to the Historic District Commission for their concurrence on
March 5, 2002. The HOC denied the request to demolish or forward to the City
Commission for your concurrence.
Staff is requesting that City Commission discuss the issue and if it is found to be
appropriate authorize staff to appeal the HOC decision to the State Historic
th
Preservation Office and possibly 14 Circuit Court to overturn the decision.
A copy of the file is attached for background information. Other pertinent
information includes the following:
• The city has boarded both structures on four occasions.
• The cost for rehabilitation is approximately $100,000 for each
structure.
• Evidence was found in both structures that entry had been made and
fires started in the fireplaces.
Staff Recommendation: Authorize staff through the City Attorney to pursue an
appeal of the HOC decision.
F:\Jnspcctions\Grabinski~Lorrnine\ Word\CC work session agenda.doc page 1 of 1
(
DATE: February 19, 2002
TO: Historical District Commission
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 00-09 Address: 1129
Peck
SUMMARY OF REQUEST: This is to request that the Historical District
Commission concur with the findings of the Housing Board of Appeals that the
structure located at 1129 PECK ST. is unsafe, substandard and a public
nuisance.
Case# & Project Address: 00-09 1129 Peck St. Muskegon, Ml
Location and ownership: This property is located in the McLaughlin
neighborhood and is owned by Peck Properties (Robert Cooper) of Grand
Rapids, Michigan.
Staff Correspondence: A dangerous building inspection was conducted
10/5/99. A notice to repair or demolish was issued 10/6/99. The case was
brought before the HBA 1/6/00 and the board's decision at that time was to issue
civil infractions, seeking injunctive relief. A board up letter was issued 3/30/00.
The City of Muskegon had it boarded on 5/30/00. On November 3, 2000 Robert
Cooper faxed a letter of intent to Mr. Grabinski stating he was committed to either
fixing the property or selling to someone who would fix it. The City of Muskegon
had it boarded again 1/8/02. On 2/7/02 the case was again brought before the
HBA. Mr. Cooper was not present at the meeting, but did fax a letter stating he
had an interested buyer, nothing in writing yet. On that date the HBA voted to
demolish the structure.
Owner Contact: None
Financial Impact: CDBG
Budget action required: None
State Equalized value: $25,900
Estimated cost to repair: $70,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
F:\lnspectio11s\Grabi11ski_Lo1Taine\Won\\i-lDC AGENDA.docpage 1 of 2
( (
Historical District Recommendation: The HOC will consider this item at it's
meeting March 5, 2002 0
· F:\lnspections\Grabinski_Loirnine\Wonl\HDC AGENDA.docpage 2 of 2
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 11, 2002
To: Peck Properties. Robert Cooper. P.O. Box 3316. Grand Rapids. Ml
49501-3316
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 7, 2002 does hereby order that the
following structure(s) located at 1129 Peck St.. 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:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
(
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
uI_YJ] !1:1:EALS:
Ro rt B. Grabinski, Director of Inspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
FEB-07-2002 14:43 FROM:ROBERT COOPER 616 235 8804 T0:616 735 3352 P.001'001
I (
PECK PROPERTIES, L.L.C.
P.O. Box 3316
Grand Rapids, Mi. 49501-3316
February 7, 2002
By 1:ax (23 I} 728-4371
Ms. Lorraine Grabinski
City of Muskegon Inspection Deplll'lment
Re: Housing Board of Appeals Meeting 217/02
11.29 Peck Street
Deur Lorraine:
This follows up on my phone call to you this afternoon. I had intended to be
_present at tonight's meeting but have been unexpectedly been called away on client
matters. I wanted to let the Boatd know that I have located a prospective purchaser for
this property. It is a young couple who have just relocated to the area who are interested
in fixing this property up, with the intent of living there when the rehab work is done,
They indicate that they arc interested in beginning work on this property as soon as
possible. We have been discussing this for the past week, and I expect that we will have
a signed agreement in a week or so. Based on this, I ask that the Boar.d consider defer
taking any action on this property until its next meeting to give me the chance of
finalizing a sale.
Thank you.
Sincerely,
Robert P. Cooper, Manager
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: January 28, 2002
Address of the Property: 1129 Peck St.. Muskegon MI
Description of the Structure: N 59 ft. Lot 17 & Sly 2 ft. Lot 18 Blk 362
TO: Peck Properties. Robert Cooper. P.O. Box 3316. Grand Rapids. MI 49501-3316
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday. February 7. 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 10/6/99.
At the hearing on Thursday, Febrnary 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
CI F MUSKEGON INSPECTION DEPARTMENT,
vJ tt,:t~D
T
B~ B ? % £ OF APPEALS
R crt B. Grabinski, Director of Inspections
· F:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
. COCPER 616 235 8804 P.001,001
(
ROBERT P. COOPER
/\TTORNEY /IT L/\W
BRIOGEW/\TER rt.Ace
POST OH'ICli 80X)) 16 • (;~AJ,11) RAPll)S, Mll'Hl<JAN '9501 ,lJl6
TELErflONE 6161VHI02 • f/\X 616/2J!-!804
EMAIi, • l)(J8.l'001'ER@U.4.TtWI\Y.NET
November 3, 2000
Via Fax 2,U-'T2/J-,fJ7J
Mr. Robert Grabinski
Fire Marshall & Director of Inspection Services
City of Muskegon
Re: 1121 and 1129 Peck, Muskegon, Michigan
Dear Mr. Grabinski:
I am confim1ing my efforts to reach you lo discuss these two properties. These properties
were formerly owned by Wa1erland Development. Peck Properties., L.L.C. made a mortgage
loan lo Watcrland Development to finance the purchase of these properties. Wuterland
Development defaulted on its mortgage loan and deeded these properties to Peck Properties in
lieu of foreclosure. The properties have been listed for sale.
I received a phone call la~t week that the City of Muskegon wished lo have these
properties demolished and had scheduled a hearing with the City Commission to approve the
demolition. l want to let you know that I have never reeeive<l any notice regarding the City's
plans. The ownership of Peck Properties, L.L.C. is a mailer of public record, as is my name and
address as the Manager of Peck Properties, L.L.C. To date, I still have not received any notice.
Peck Properties, L.L.C. is committed to either fix these properties up, or to sell them to
someone who will. r am willing to work with the City to develop a plan and sJrategy to
accomplish this. Demolition is not a solution and I will vigorously oppose it,
Please contact me al your earliest convenience to discuss this m~tter.
Very truly yours,
.--
Rohen P. Cooper
RPC/sdh
\
\
- --
(
( . (-
cemetery
mmum
fA.'</726-5617
Ch1J Stn1ce
2Jln24-6716
FAXf'll.f-4405 West Michigan's Sbordlne Oty
Clerk
lllnl4-<i705
FAX/72-14178 May 30, 2000
Comm, & Nel&h,
Senicet Waterland Development
lllnH-6717
f AX/716-2501
1050 W Western Suite 401.
Muskegon MI 49441
Eni:lneerlne
231nl4-<i707
FAX/717-690( Dear Property Owner:
Finance
2Jlnl4-67l3
FAxnl.i.6768
Subject: Board up of 1129 Peck-May 19, 2000
rtre Dept.
lllnz.t-6792
FA:<nl-l-6985 In the past few months the Inspection Services Department wrote to you
Income Tax requesting that you board up the structure and allowed ten days for it to be
2Jtnl4-6770
FA:<n24-6768
completed.
Info. Stsfem,
lJlf'll-1-6744
Our inspection of the property revealed that the structure was not boarded by the
FAX1722-4301 required date, therefore, we contracted with a private contractor to have the
Leisure Service structure boarded up. The structure was boarded in accordance with City codes
?311724-6704 at a cost of$660.86. A copy of the invoice for services is attached.
FAX/724-1196
:'>tanager's Office
n1mA-61u
Please make your check or money order for reimbursement to the City of
fAX/1?2-1214 Muskegon payable to the City of Muskegon. Payment may be mailed or paid at
,\hyor's Office
the City Treasurer's office. Any unpaid invoices could be sent to a collection
lJ\/72-1-6701 agency and may affect your credit rating if not paid.
FAX/722-1:!U
lnipecllon Sen·lccs If you have any questions, please contact this office at 724-6715.
231172-1-6715
fAX1726-2501
Pl.inning/Zoning
Sincerely,
✓~~
B l."?1-1-6702
FAX1724-6790
l'olice Dept.
231172-1-6750
FAX/122-5140 Rlbert B. Grabinski
Publk Works
Fire Marshal/Inspection Services
23l nU-HOO
FAX/722--4188
Treasurer
23\/724-6720
FAXnH-6168
W•trr Dilling Orpt.
2.\lnU-6718
FAXJ? 24-;6768
W•ttr Flltr•llon
D1nu ...i106
(
\oJtfiOr
~l6-r1H-6708
f ..t.XJ7l,l.6768
Ctmtltry
616nH.678l
FAxn?Z-4188
Ch·ilSuviu
6t6nl4-61l6
FAxnl.J.6790 Date: March 30, 2000 West Michigan's Shoreline Oty
Clerk
616f12-f..670S
FAX/1U-6768
Premier One
Real Estate, LLC
Comm. & Neigh.
Servict-s
PO Box 12
616/JU-6717 Montague MI 49437
FAxnl4-6790
Encineerinc Water land Development
616lllU707
FAXnl,t..6790 500 Western
Muskegon MI 49441
Finance
616n24-67tJ
fAXfll-1-6768
Dear Property Owner:
Fire Dept.
6l6nU-679l
F Axnl-1-6985 Subject: Board-up: 1129 Peck, Muskegon, MI
lncomeTa.1
616nl-l-6770 The structure owned by you at the subject address has recently been found to be
FAX172-1-6768 dangerous because it is unsecured. Unsecured structures are not only an invitation to
Info. Systems children, but also to vagrants, vandals, and others who would use them for illegal
6t6n?-1-691s
FAX172-1-6768
purposes.
Leisure Servi(e
6l6/7H-6704
To combat this, City building regulations require that windows, doors, or other openings
F.-\X/724-6790 on vacant structures be kept intact and securely locked or neatly boarded up in order to
~hrugcr's Office prevent entrance by unauthorized persons. Boarding must be done with exterior grade
6l61724-67H plywood at least ½ inch thick which is painted to blend with the colors of the
FAX172-1-6790
building so as to be as inconspicuous as possible.
,\llyor's Office
616/7H-670\
F.-\\'./12-1-6790 Please note, however, that under City ordinance a property may not remain boarded up
Neigh. & Const.
for longer than 180 consecutiYe days.
Senices
6\6/724-6715
FAX/72-1-6790
As a dangerous building, your structure(s) must be secured within ten (10) days of the
date of this notice. If the building is not secured within this time frame, the City of
l'lanni11g.'Zoning
616/724-6702 Muskegon will take action to have it secured and the cost assessed against the property.
FA:,.'/71-1-6790
Any unpaid invoices could be sent to a collection agency and may affect your credit
i'olic~ Depl. rating if not paid.
616/71-l-67S0
FAX/122-Si-10
If you have any questions concerning this matter, please do not hesitate to contact me at
l'uhlic Works
6!6n1-1-H00
724-6715.
F,\Xn22-41S8
Treasurer
6\61724-6720
FAXnH-6768
\\")ttr (),pt.
s;n~:±e. u,1.'
1 e r t B. Grabinski
616n?J-6118
FAV7H-6768 Fire Marshal/Inspection Services
. ,.. ,,:,. .
Cemectry
616171'--6783
FAxn26-S6l7
Civil Stn·ice
616171 ..6716
FAxn24--6790
West Mk1J18an'e Shoreline Oty
Clerk
616nl<-670S
FAXlll<-4178
Comm. & Neigh.
Services
6l6nU--67l7
FA)(nl6-1S0I
Engineering
616nl ..6707
fA)(nl7-6904
January 11, 2000
finance
6t6n2.t--6713
FAxnH-6768
·<
Fire Oepl.
6t6nH-6792
FAxn2-t-6985
Waterland Development
1050 W. Western
Income Tu
6!6nU-6770 Muskegon, Mi. 49440
FAxn24--6768
Info. Systems Dear Property Owner:
616n2-'-6975
FAXflU-6768
Subject: Dangerous Building Case #00-08 - 1121 Peck and
Leisure Service Dangerous Building Case #00-09 - 1129 Peck
6!6nU-670-l
FAXn:U-6790
The Muskegon Housing Board of Appeals agreed with staff recommendation at their
\lanager's Office
616/72-1-6724
meeting on 1/6/2000 to issue civil infractions for these properties seeking injunctive relief.
FAX/72?-121-1
7',l;i}or's Office
61617?-l-670\
F.-\ \17 ..??-1 21-1
i\dgh. & Const.
Sen.ices
6\6172-1-6715
FAX/1?6-2501
Fire Marshal/Inspection Services
Pl.inning/Zoning
6161724-6702
f ..\\/12-l-6790
Police Dept.
C.!6171-1-6750
F,\X/722-51-lO
f'uhlir \Vorks
6\{,/72-l--1100
FAX/722--llS.':1
Tn·,1surcr
Gl6172-l•67ZO
F..\Xf72-l-6768
\\'Jtrr l)ept.
6\l,!1?-1,6118
F,\Xn?-l-6768
I ~lb -00
#00-09-1129 PECK- \VATERLAND DEVELOPMENT, 1050 W. WESTERN
Robert Johnson, supported by William Anderson, made a motion to accept staff
recommendation to issue Civil Infraction tickets on 1129 Peck Street seeking injunctive
relief. A roll call vote was taken:
YES: NAYS: EXCUSED: ABSENT:
Greg Borgman Clint Todd
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner
The motion carried.
#00-10-1721 PINE-SHELLINE WHITE, 1712 PINE, MUSKEGON
No one attended the meeting. Bob Grabinski said that there has been no contact with the
owner. Staff recommendation is to declare the building to be substandard, unsafe, a
public nuisance and forward to the City Commission for concun-ence. A motion was by
Robert Johnson, supported by Greg Borgman to declare the building substandard, unsafe,
a public nuisance and forward to the City Commission for concun-ence. A roll call vote
was taken:
YES: NAYS: EXCUSED: ABSENT:
Greg Borgman Clint Todd
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner
The motion carried.
#00-IOA- 151 \V. SOUTHERN - ED\VARD HOUGHTALING, 752 \VILSON
Ed Houghtaling attended the meeting and also stated that his address was 2345 Dowd.
He said that he had the upstairs done but that a tenant had trashed the downstairs. Bob
Grabinski said that we had a complaint and that the housing inspector felt that it should
be declnred a dangerous building. There is no Certificate of Compliance. It has been
revoked and the house lws been posted. Mr. Houghtaling asked what he has to do. [-le
said that the foundation is his concern because he said it ll'as appro,·cd before he bought
the house. Staff rcco111111c11c\atio11 is that the building be declared substandard, unsafe, a
.-\ffirmath·e Action
6161724-6703
(
F.-\XJi24-6790
.-\s.sessor
6t6n2-1--61os
F.-\XJil-1--6768
Cemelery
6t6n2-1--618J
F.-\xn22-4188
Civil Service
6t6n24-6716
F.-\XJi24-6790 Date: March 30, 2000 West Michigan's Shoreline City
Clerk
616n24-670S Premier One
FAxn24---6768
Real Estate, LLC
Comm. & Neigh.
Services
PO Box 12
616/724-6717 Montague MI 49437
FAxn24-6790
Engineering Water land Development
6t6n24-6707
FAxn24-6790 500 Western
Muskegon MI 49441
Finance
616m4-6713
FAxn24-6768
Dear Property Owner:
Fire Dept.
616/724-6792
Subject: Board-up: 1129 Peck, Muskegon, MI
FAXfl24-6985
Income Tax
6t6n24-6770
The structure owned by you at the subject address has recently been found to be
FAX/724-6768 dangerous because it is unsecured. Unsecured structures are not only an invitation to
Info. Systems
children, but also to vagrants, vandals, and others who would use them for illegal
6t6n24-697S
FAX/724-6768
purposes.
Leisure Service To combat this, City building regulations require that windows, doors, or other openings
616/724-6704
FAXJi24-6790 on vacant structures be kept intact and securely locked or neatly boarded up in order to
Manager's Office
prevent entrance by unauthorized persons. Boarding must be done with exterior grade
616/724-6724 plywood at least ½ inch thick which is painted to blend with the colors of the
FAX/724-6790
building so as to be as inconspicuous as possible.
Mayor's Office
616/724---6701
FAX/724-6790 Please note, however, that under City ordinance a property may not remain boarded up
for longer than 180 consecutive days.
Neigh. & Const.
Sen.·ices
616/724-6715 As a dangerous building, your structure(s) must be secured within ten (10) days of the
FAX/724-6790
date of this notice. If the building is not secured within this time frame, the City of
Planning/Zoning
6t6n24-6702
Muskegon will take action to have it secured and the cost assessed against the property.
FAX1724-6790 Any unpaid invoices could be sent to a collection agency and may affect your credit
Police Dept. rating if not paid.
616/724-6750
FAxn22-5140
If you have any questions concerning this matter, please do not hesitate to contact me at
Public Works
616/724-4100
724-6715.
FAxn22-4188
Treasurer
616/724-6720
FAxnU-6768
Water Dept.
616n24-67ts
~w
Rlj;ert B. Grabinski
Fire Marshal/Inspection Services
FAxnZ-1---6768
Water Filtration
616/724---4106
FAXJi55--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Civil Service
6161724-6716
FA)(/724-6790
Cltrk
616m4-670S
FAJ(l714-<178 October 6, 1999
Comm. & Nd&h.
Services Waterland Development
616/714-6717
1050 W. Western
FAX'.nl6-1501 •
Muskegon,MI 49441
Encineerin&
616171"-6707
FAxnl7-6904 Dear Property Owner:
Firu.nce
616n24-6713
FAXn24-6768
Subject: 1129 Peck -v'
N59FTLOT17&SLY2FT LOT18BLK 3<.
Fire De:pL
6t6n2'-6791 The City of Muskegon Building Official has recently inspected the subject
FAxmUHS
property and has found the building to be dangerous as defined under Section 4-23
Income Tax
6l6n14-6770
of the Muskegon City Code.
FAxnH-6768
As a result of this finding, you are hereby ordered to REPAIR the structure or
Info. Systems DEMOLISH it within.thirty (30) days.
6t6n1,4...6975
FAX'.n24-6768 If you elect to repair the structure, you must secure all required permits and
Leisure Service physically commence the work within thirty (30) days from the date of this order.
6l6n14---6704
FAXll24-6790 Should you have any questions concerning this matter, please do not hesitate to
,hnagcr's Office contact our Building Official, Jerry McIntyre at 724-6715.
616nH-6724
FAXfl22-1214
Mayor's Office
616nU-6701
FAX/72?-1214
r-icigh. & Const.
Scn·iccs
6l6nU-6715
FAX/726---2501
sm~m-
1,,,rt Grnhioski
Planning/Zoning Fire Marshal/Inspection Services
6!6nH-6702
FAXnH-6790
Police Oepl. nlc
616nN-61so
FAX/722-5140
Public Works
616n1-1.4100
FAX.m2-4l88
Tr<'olsurcr
6!6nH-6710
FAXnl-1-6768
W.11er Depl.
6t6m-t-6718
..
FAXfll-1-6768"
Water Fillntion
(
DANGEROUS BUILDING INSPECTION
10/5/99
1129Peck
RESIDENTIAL DWELLING
1. Open fooodation wall on home.
2. Deteriorating front steps and porch - rotting decking.
3. Deteriorating side steps and porch.
4. Siding missing, rotting, exposed to weather - paint flaking off home.
5. Roof soffit and fascia deteriorating.
6. Roof covering on home falling - structural.
7. Large tree branches on connected apartment roof, and home.
8. Home has several boarded up windows.
9. Vehicles being parked in back yard.
10. Antenna collapsing, ready to fall off roof.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
TINOWSKl, BUILDING INSPECTOR r {'DATE
CONCURRED IN:
/IE q~ #l L~ MCINTYREUILDING OFFICIAL
..
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1121 Peck St.
(INTERIOR INSPECTION)
Inspection noted:
I. Replace roof - sub -strncture must be inspected and certified prior to covering.
2. Electrical system (entire stmcture) to be replaced.
3. Plumbing system and fixtures to be replaced.
4. Heating system to be replaced.
5. Repair all interior walls.
6. Repair all ceilings.
7. Smoke detectors to be installed.
8. Floor coverings to be repaired or replaced.
9. Stairway and banister to be repaired.
I 0. Repair or replace all broken windows.
I I. Repair or replace all broken or missing doors.
12. Siding to be repaired or replaced.
13. Basement steps to be repaired or replaced.
14. Tuckpoint all openings in concrete for basement walls.
15. Repair or replace exterior stairs.
16. Repair or replace all missing and/or damaged fascia and soffit.
17. All gas piping to be repaired and/or replaced with a pressure test and inspection
prior to restoring natural gas service.
Note: All exterior repairs must be presented to the Historic District Commission for
approval prior to obtaining necessary permits.
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.
]~~~-
Director of Inspections
DATE
F:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\! 121 Peck.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1129 Peck St.
(INTERIOR INSPECTION)
Inspection noted:
1. Replace roof - sub -structure must be inspected and certified prior to covering,
also repair structural damage from tree falling on roof.
2. Electrical system (entire structure) to be replaced.
3. Plumbing system and fixtures to be replaced.
4. Heating system to be replaced.
5. Repair all interior walls.
6. Repair all ceilings.
7. Smoke detectors to be installed.
8. Floor coverings to be repaired or replaced.
9. Repair interior stairs.
10. Repair or replace all broken windows.
11. Repair or replace all broken or missing doors.
12. Siding to be repaired or replaced.
13. Repair or replace exterior stairs.
14. Repair or replace all missing and/or damaged fascia and soffit.
15. All gas piping to be repaired and/or replaced with a pressure test and inspection
prior to restoring natural gas service.
Note: All exterior repairs must be presented to the Historic District Commission for
approval prior to obtaining necessary pennits.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
DATE
Director of Inspections
F:llnspections\Grabinski_Lon-aine\Word\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMS\1129 Peck.doc
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