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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 .... • ,1 I l4( d ,, \'f/1 . ' J r • OcfaViU.S .---- 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 1...-L,.....L..,....,,-::-:::-:':'--'-- L~RCH z..------~~ AVENUE I 11 111~- I I!,!~ i:•~f-l:_ -::_u-:_,:___,: I I I 11 I 11,al e: _ ,3 LAKETON· AVENUE -- - 1t fil[[] I I ., :a ·, _,.,I.,·"' • i~ ,~ 2 I I 2 24 2i I! 3 ~ I N Ill'. : -; ~ ~~ _.__ . ,- .,, ... ~ .-. 7 ~ .; .,, .... I Al ~ - LJ -· r 1- w 1- . ~ - - - ~ w I- w w -'J w -- - w a:: I- C/) w a:: ti> - -" '\ I I- w w a:: ·" ,- - ~w I- - ...a:: - ..... -,- I- w w a:: - - w " a:: - - ,, ' t:- I- -- ,r - og ,. .. ,, 'rJ __:_ 1a·14 l!S -· 16 - ~ - 46 75 76 Im• WIN R ___ I 28 I :81, ., AV~Nf_ 1. ~ I - - --=-= --- 0 £ ~ ~ 1• ! !!! >-1-4-:-l .., Ji r - l <( 1--'---<...i ~ - <-1 .,I .,n - ~ " . ..JI---:\'\! - - ~1----c<,i~ z -- - ? -- -- - >- w - ~ -- 15316.// ~1-------'a-:--l ...J :.:: z <( - ~ 0 ::, - - - (/) z I- ' - - - :.:: a:: LL ~ ~ 0 ._ ~ __ :I: ,.____ .__ t!:! 0::: 14 14 15 14 I~~ ~-~ ., - I~ : s._~ ~ 1~ ~ ~'-'- iii I~ ~ I I- C/)~==;::;::;:::;:;:;;:;:: -- YOUNG ---'-' 0 ., --- " ,_ AVENUE 0 ., ., I II I 1!..........If ... ~~ ~ = ., = 0 :'I • "'• I•... ~~~ I; ~ ~ ~ 0 ~ 1:::1 I f-- - - CAMPBELL - - . - tt\ f-- FIELD - I ~ f-- -- 15435.20 ~ - l! :.,. ! .,,...., .,..,. : ~ .,., ., :e ; ; 2j N - e -'- "' "' "' N 15 WILSO!ll AVENUE 1 I ., ., ~• • ; ~I ,n • ID I ~ ~ ! iii ~ ~ N I~ 2 •:g r 493 ~ ~ -- - . ~ R ~ --t - -- ~ - 15435.25 /5435.30 - - -- 49! i -- --- - /53/6.06 153/6.0i 0 .. it $ I: a "' ~ ! IQ ~ "' =11( ,- ; -· /53/6.05 - ~4J> 2J 1 ii --- ~ i; il 875 ~ ffi~ .r: 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 -· -· -· 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 -· -· 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. -· -· CITY OF MUSKEGON .-,1-•::"_,(Jl,t JI A_•• ,':,-. _ •ip,~,,·J•\' ' ' " " ,"\,.. • "!, '• 'J 'l' I '"'l , •\ , 1-:,.-•-~•,r=t;j~ 't.'.';1 ~~ 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. -· Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public Improvements may pay their assessment In the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. -· CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City Commission for the following projects: 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-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 -· 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 -· -· 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 -· 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 -· 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 .. .L=..j 4 .... fl) I / .-'-1"..... W\ . - - /_ ~ -- ,,, . - ' -· ~// - ' - /'. ' ,..,,, --- . .A - ,,,, .f -"" . -- -- y ,,,-_, - -- - ,/ .,,,,,. '\ , , y- - --- - /I _e 7 '-'---- • JO 8 7 -- I 12 - - I • 8 7 AVE 16 e '9 96 I 12 - I ,.- '< .,, \ "1 VI ,......,..-,. I I I I IRWIN II I I X"' \ I )3 ""'YI-. I I I I Ii I I l I I 6 i7 14 I I I I 17 I I 41 11 I II 1 4 1 11 b=J lj]l111111 i1114 I'16 6 22 A\/_EJ 12 6 II ie I I 6 II re I EVERGREEN CEMETERY 1 8 ~ e I 2. 7 • 10 10 II 10 II 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·,- :·'·.'._·.'.,.··.•· .,'._.· ~-·. :__·_'.·1··'!'",- .l,_,•.·.,?_,·,·rr/. ,,;_·,'•.,. / 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 -· ' . • 'l 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 -· ' ' . 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 -· 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. -· / 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 -· 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. -· ) 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 -· 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 -· 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 - - ..... -£ ,., 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 -2- 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. Ir Ii > I: !I ' !! '' i! ;~ . (.) i: ' I: I i ; ,I i .~ ' <:ti i ,,~--'----<I ' I II i i ' ' I, I I I II I I 1S ~30717!AJ i 'I I· '' CJ I I I j l I I I ' !I ~-_Jjl ~::m:r1::i:::1tt1·:_ ___Ji ' ' r I I 1 > ; : : -- - - - - - - - ·h~~I 1 1 I i i / . I i <{'~================= --, > i ~ I ; <c ! i !I I er:! ~',j't=Jl=t:)'Y---1- - WI z1I i I .<oo-i-.J.? 0.:) 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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