View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON CITY COMMISSION MEETING OCTOBER 8, 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. Resolution for Charitable Gaming License. CITY CLERK c. 2002-2003 Transportation Planning Program Funding. CITY MANAGER d. Smith-Ryerson Agreement. LEISURE SERVICES e. Consideration of Bids - Removal of Underground Storage Tanks at Hackley Fire Barn. PUBLIC WORKS f. Sale of Non-buildable Lot at 497 Deaner Drive. PLANNING & ECONOMIC DEVELOPMENT g. Approval of WEMET Contract. POLICE h. Approval of City's Vinyl Siding Program Guidelines. COMMUNITY & NEIGHBORHOOD SERVICES • PUBLIC HEARINGS: a. Public Hearing for Resolution for Development District On-Premise Liquor License for Peter C. Johnson. PLANNING & ECONOMIC DEVELOPMENT b. Spreading of the Special Assessment Roll for Ridge, Glenside to Cumberland. ENGINEERING c. Spreading of the Special Assessment Roll for Leon Street. Harrison to Crozier. ENGINEERING d. Spreading of the Special Assessment Roll for Harvey Street. Keating to South End. ENGINEERING e. Spreading of the Special Assessment Roll for Wilson. Dowd to Henry. ENGINEERING f. Spreading of the Special Assessment Roll for Roberts. Keating to Laketon. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: a. Request for Final Planned Unit Development Approval for 1350 Hackley Ave. {Hackley Glen). PLANNING & ECONOMIC DEVELOPMENT b. Purchase of Computer Hardware. POLICE c. Amend the Special Assessment Roll for the Sidewalk Replacement Program 2002 (Area ES). ENGINEERING d. Consideration of Bids for the Lakeshore Trail. Laketon Corridor (Phase Ill. ENGINEERING • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • limit of 3 minutes to address the Commission. • {Speaker representing a group may be allowed 1O minutes if previously registered wifh City Clerk.) • ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: October 8, 2002 To: Honorable Mayor and City Commissioners from: Gail A. Kundinger, City Clerk IRE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, September 24, 2002, and the Special Meeting that was held on Monday, September 30, 2002. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. ' . CITY OF MUSKEGON CITY COMMISSION MEETING OCTOBER 8, 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 5:30pm, Tuesday, October 8, 2002. Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger. 2002-111 CONSENT AGENDA: c. 2002-2003 Transportation Planning Program Funding. CITY MANAGER SUMMARY OF REQUEST: To approve the City's share of the local matching funds for the Muskegon County Metropolitan Planning Program for fiscal year 10/1 /02 to 9/30/03. The City receives grant funds through this program for certain major streets. FINACIAL IMPACT: $16,040 from the Major Street Fund BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve this request. d. Smith-Ryerson Agreement. LEISURE SERVICES SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign agreement with Basic Neighborhood Services to manage Smith-Ryerson Community Center. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Leisure Services Board Recommends Approval. f. Sale of Non-buildable Lot at 497 Deaner Drive. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-018-0016-00) at 497 Deaner Drive to Bob Neal and Becky Hatfield, 498 Mulder Street, Muskegon, Ml 49442. Approval of this sale will allow the adjacent property owner to expand their current yard (see attached map). This is very small, land-locked parcel (16 x 16.5 ft.) and there is a large Mulberry tree that needs to be removed. The City can't maintain this tree without crossing private property. The cost for tree removal would be extensive to the applicant, and in order to relieve some of their cost, LRC has recommended that an exception be made to the property sale policy and allow the lot to be sold for $1. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The LRC recommended approval, due to special circumstances. g. Approval of WEMET Contract. POLICE SUMMARY OF REQUEST: Police Department staff request that the Commission review and approve the 2002-2003 Personnel Services Agreement with the West Michigan Enforcement Team (WEMET). This is an annual operating agreement between the City and WEMET. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. h. Approval of City's Vinyl Siding Program Guidelines. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the guidelines for the vinyl siding program administered through the Community and Neighborhood Services department. Because of a change in policy related to the lead based paint issue, the Community and Neighborhood Services has discontinued its exterior painting program. Therefore, in an effort to serve as many residents as economically feasible the department revised its vinyl siding guidelines. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the revised vinyl siding program guidelines. COMMITTEE RECOMMENDATION: Recommended the change to new program guidelines. Motion by Commissioner Schweifler, second by Commissioner Shepherd to approve the Consent Agenda with Items a, b & e removed. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Nays: None MOTION PASSES 2002-112 ITEMS REMOVED FROM AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, September 24, 2002, and the Special Meeting that was held on Monday, September 30, 2002. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve the Minutes of the Regular Commission Meeting of September 24, 2002. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd Nays: None MOTION PASSES b. Resolution for Charitable Gaming License. CITY CLERK SUMMARY OF REQUEST: Obesity Cure International Inc., 1248 Albert Avenue, is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, second by Commissioner Larson to approve the resolution recognizing Obesity Cure International Inc. as a non-profit organization operating in the City for the purpose of obtaining a gaming license. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSES e. Consideration of Bids - Removal of Underground Storage Tanks at Hackley Fire Barn. PUBLIC WORKS SUMMARY OF REQUEST: The contract for the removal of underground fuel storage tanks at Hackley Avenue Fire Barn be awarded to Michigan Consulting and Environmental since they were the lowest (see bid tabulation) responsible bidder with a bid price of $13,693.14. FINANCIAL IMPACT: The demolition cost of $13,693.14 plus a 20% contingency for a total of $16,431.77. This has been budgeted with the Capital Improvements Fund in the 2002 budget. Construction Engineering has been handled under separate contract. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the contract to Michigan Consulting and Environmental. Motion by Commissioner to award the contract for the removal of underground fuel storage tanks at Hackley Ave. Fire Barn to Northern A-1 Services of 1122 E. Barney, Muskegon Michigan for $13,962.50. ROLL VOTE: Ayes: Buie, Larson, Shepherd, Warmington Nays: Gawron, Schweifler, Spataro MOTION PASSES 2002-113 PUBLIC HEARINGS: a. Public Hearing for Resolution for Development District On-Premise Liquor License for Peter C. Johnson. PLANNING & ECONOMIC · DEVELOPMENT SUMMARY OF REQUEST: To hold a public hearing on the request for a Development District On-Premise Liquor License for Peter C. Johnson and approve the resolution. The request is necessary due to a lack of available liquor licenses in the City of Muskegon. The Liquor Control Code allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. FINANCIAL IMPACT: Approval of the liquor license will allow for a new restaurant in the downtown area of Muskegon, which will ultimately result in increases revenue for the City. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and approve the resolution. COMMITTEE RECOMMENDATION: The Downtown Development Authority approved the request at their special meeting on September 30, 2002. The Public Hearing was opened at 6:00pm to hear any comments from the public. No comments were heard. Motion by Vice Mayor Buie, second by Commissioner Gawron to close the public hearing at 6:07 and to approve the resolution for a Development District On- Premise Liquor License for Peter C. Johnson. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Wormington, Buie Nays: None MOTION PASSES b. Spreading of the Special Assessment Roll for Ridge. Glenside to Cumberland. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special assessment for Ridge, Glenside to Cumberland, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $12,745.06 would be spread against the seventeen- ( 17) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing was opened at 6:00pm to hear any comments from the public. No comments were heard. Motion by Commissioner Schweifler, second by Commissioner Gawron to close the public hearing at 6:08 and to approve the spreading of the special assessment for Ridge, Glenside to Cumberland and adopt the resolution confirming the special assessment roll. ROLL VOTE: Ayes: Lorson, Schweifler, Shepherd, Spataro, Wormington, Buie, Gawron Nays: None MOTION PASSES c. Spreading of the Special Assessment Roll for Leon Street. Harrison to Crozier. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special assessment for Leon, Crozier to Harrison, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $49,047.24 would be spread against the nineteen- ( 19) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing was opened at 6: 11 pm to hear any comments from the public. No comments were heard. Motion by Commissioner Schweifler, second by Commissioner Gawron to close the public hearing at 6:13 and to approve the spreading of the special assessment for Leon, Crozier to Harrison and adopt the resolution confirming the special assessment roll. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Nays: None MOTION PASSES d. Spreading of the Special Assessment Roll for Harvey Street, Keating to South End. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special assessment for Harvey, Keating to South End, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $32,964.25 would be spread against the six-(6) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing was opened at 6:13pm to hear any comments from the public. No comments were heard. Motion by Commissioner Schweifler, second by Commissioner Gawron to close the public hearing at 6:14 and to approve the spreading of the special assessment for Harvey, Keating to South End and adopt the resolution confirming the special assessment roll. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None MOTION PASSES e. Spreading of the Special Assessment Roll for Wilson, Dowd to Henry. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special assessment for Wilson, Dowd to Henry, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $66,888.76 would be spread against the thirty one- (31) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing was opened at 6: 14pm to hear any comments from the public. No comments were heard. Motion by Commissioner Shepherd, second by Vice Mayor Buie to close the public hearing at 6:15 and to approve the spreading of the special assessment for Wilson, Dowd to Henry and adopt the resolution confirming the special assessment roll. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Nays: None MOTION PASSES f. Spreading of the Special Assessment Roll for Roberts. Keating to Laketon. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special assessment for Roberts, Keating to Laketon, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $34,924.68 would be spread against the seven-(7) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing was opened at 6: 16pm to hear any comments from the public. No comments were heard. Motion by Commissioner Shepherd, second by Vice Mayor Buie to close the public hearing at 6:17 and to approve the spreading of the special assessment for Roberts, Keating to Laketon and adopt the resolution confirming the special assessment roll. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None MOTION PASSES 2002-114 NEW BUSINESS: a. Request for Final Planned Unit Development Approval for 1350 Hackley Ave. (Hackley Glen). PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for final approval for the Planned Unit Development and associated, site landscape and utility plans for the current Hackley Glen property, for a mixed-use residential development, containing senior, family apartment and possible future condominium units. The request is from Ruddiman Associates Limited Partnership. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the final PUD and associated plans provided that the conditions listed in the resolution are met. COMMITTEE RECOMMENDATION: The Planning Commission recommended final approval of the PUD and associated plans, with the conditions listed on the resolution, at a special meeting on 9/26. The vote was unanimous, with S. Warmington, B. Smith, M. Kleaveland and J. Aslakson absent. Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the final Planned Unit Development and associated site, landscape and utility plans for the current Hackley Glen property, for a mixed-use residential development, containing senior, family apartment and possible future condominium units. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington Nays: None MOTION PASSES b. Purchase of Computer Hardware. POLICE SUMMARY OF REQUEST: Police Department staff requests that the Commission approve the use of FY2000 Local Law Enforcement Block Grant Funds to purchase new computer hardware. Working in conjunction with the Information Technology Department, a data system has been designed for use within the Police Department that will allow for the following. • Software updates from a central location-saving staff time and money • The development of a secure MPD database-allowing for potential web applications • Communication to outside organizations runs through one access point- providing for greater security and management. • A new high capacity backup unit • Increased life expectancy for our PC's • The groundwork for a system that would allow for wireless downloads of reports from the cruisers FINANCIAL IMPACT: Cost for this system is $28,211. There is no impact on General Fund monies. This grant expires at the end of this month. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. Motion by Commissioner Shepherd, second by Vice Mayor Buie to approve the use of FY2000 Local Law Enforcement Block Grant Funds to purchase new computer hardware. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays: None MOTION PASSES c. Amend the Special Assessment Roll for the Sidewalk Replacement Program 2002 (Area ES). ENGINEERING SUMMARY OF REQUEST: The special assessment roll for the 2002 sidewalk program be amended to remove the following parcels from the recently adopted roll: • 1025 Allen (24-142-000-043-00) • 1370 Langeland (24-7 50-000-0085-00) FINANCIAL IMPACT: A total of $154,556.20 will be assessed against 296 parcels. BUDGET ACTION REQUIRED: None a this time. STAFF RECOMMENDATION: To approve the amended special assessment roll and adopt the resolution. Motion by Commissioner Spataro, second by Commissioner Schweifler to amend the special assessment roll for the 2002 sidewalk program to remove 1025 Allen (24-142-000-0043-00) and 1370 Langeland (24-750-000-0085-00). ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None MOTION PASSES d. Consideration of Bids for the Lakeshore Trail. Laketon Corridor (Phase Ill. ENGINEERING SUMMARY OF REQUEST: The contract to construct the Laketon corridor of the Lakeshore Trail (phase II) from Leahy to Southern be awarded to Youngstrom Construction out of Ionia, since they were the lowest (see bid tabulation) responsible bidder with a bid price of $358,716.04. Furthermore, it respectfully requested that the award, if granted, be contingent upon the approval of MDOT. FINANCIAL IMPACT: The construction cost of $358,716.04 plus associated engineering cost. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the contract to Youngstrom Construction. Motion by Commissioner Larson, second by Commissioner Schweifler to award the contract to construct the Laketon corridor of the lakeshore Trail (phase II) from Leahy to Southern to Youngstrom Construction of Ionia. ROLLVOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None MOTION PASSES ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 6:37pm. Respectfully submitted, Gail Kundinger, MMC AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING -~1=0/=0=8/~0~2_ TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: September 27, 2002 RE: 2002-2003 Transportation Planning Program Funding SUMMARY OF REQUEST: To approve the City's share of the local matching funds for the Muskegon County Metropolitan Planning Program for fiscal year 10/1/02 to 9/30/03. The City receives grant funds through this program for certain major streets. FINANCIAL IMPACT: $16,040 from the Major Street Fund. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve this request. COMMITTEE RECOMMENDATION: None. JMS - O: (2003-TRANSPLAN) O:COMMON\DEPTMENT\ADMIN\I\GNDAFRM WEST MICHIGAN SHORELINE REGIONAL DEVELOPMENT COMMISSION Memorandum Date: September 19, 2002 To: The Honorable Steve Warmington Mayor, City of Muskegon From: Nancy Crandall, Chairperson Transportation Policy Committee Mayor, City of Norton Shores Subject: Local Matching Funds West Michigan Metropolitan Transportation Planning Program(WestPlan) The Work Program and Budget for the Fiscal Year 2003 (October 1, 2002 through September 30, 2003) for the West Michigan Metropolitan Transportation Planning Program (WestPlan) was approved by the Transportation Policy Committee on July 10, 2002. A copy of the Work Program and Budget was forwarded to your representative on the Transportation Policy Committee. As you are aware, the MPO Program was recently reorganized to include portions of northern Ottawa County as a result of the 2000 Census. This realignment/expansion, as well as, changes to the organizational and dues structure was approved by roll call vote at a meeting of the Transportation Policy Committee on September 18, 2002. A copy of the proposal was previously forwarded to you. If you have any questions or comments regarding the Work Program and Budget or the realignment/expansion of the MPO, please call me or the Regional Commission's Executive Director, Sandeep Dey. ms Enclosure cc: Bryan Mazade RECEIVED MUIKIIION Cl:t't MANAQlff'I OFFIOll 137 MUSKEGON MALL (231) 722-7878 P.O. BOX 387 MUSKEGON, MICHIGAN 49443-0387 FAX (231) 722-9362 e-mail: WMSRDC@WMSRDC.ORG WWW.WMSRDCORG West Michigan Metropolitan Transportation Planning Program (WestPlan) Dues Structure Approved September 18, 2002 Muskeaon Countv Dues Population Citv of Muskeqon $16,040.00 40,105 Muskenon Heiahts $4,820.00 12,049 Roosevelt Park $1,560.00 3,890 Norton Shores $9,010.00 22,527 North Muskeqon $1,620.00 4,031 Villaae of Fruitport $500.00 1,124 *MCRC $22,180.00 55,446 Sub Total $55,730.00 Ottawa Countv Dues Pooulation Citv of Grand Haven $4,470.00 11,168 Citv of Ferrvsburg $1,220.00 3,040 Villaae of Soring Lake $1,010.00 2,514 *OCRC FAUB $13,310.00 33,274 Ottawa County $20,000.00 49,996 Sub Total $40,010.00 Transit Aaencies Dues Harbor Transit $5,000.00 Muskegon Area Transit $5,000.00 Svstem Sub Total $10,000.00 TOTAL $105,740.00 1 Dues calculated based on $.40 per capita using 2000 Census 2 Village of Fruitport assessed flat fee of $500.00 3 MATS and Harbor Transit also assessed flat fee of $5,000.00 each 4 Population basis for the Road Commissions include all portions of townships included in the Federal Aid Urban Boundary *Township included: Muskegon County: Sullivan, Egelston, Dalton, Fruitport (minus village population), Laketon and Muskegon Ottawa County: Grand Haven, Robinson, Crockery and Spring Lake Local Governments in the Muskegon/Grand Haven area are expected to receive $10 to $15 million annually in federal transportation funds through the West Michigan Shoreline Regional Development Commission's MPO Program. INVOICE WEST MICHIGAN SHORELINE REGIONAL DEVELOPMENT COMMISSION 137 MUSKEGON MALL e P. B X 3B7 • MUSKEGON, MICHIGAN 49443· •. • • 3B7 PH • NE 1231 I 722·7B7B • F"AX 1231 I 722·9362 WEBSITE • www.WMBROC.ORl3 SOLD TO SHIPPED TO i City of Muskegon 7 Steve Warmington, Mayor P.O. Box 536 Muskegon, MI 49443 L_::-- ... SHIPPED VIA INVOICE NO. 003863 City of Muskegon's share of the Fiscal Year 2003 Transportation Planning Program. 16,040.0C Cr: 6329.0329.1 14,891.20 CR:6329.0329.3 1,148.80 'eorder Item #NVR73 he Drawing Board. P.O. Box 2944, Hartford, CT 06104-2944 EGI. 1982, Printed in U.S.A • • Date: September 30, 2002 To: Honorable ~~ ,/d City Commissioners From: RicScott~ RE: Smith-Ryerson Agreement SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign agreement with Basic Neighborhood Services to manage Smith-Ryerson Community Center FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Leisure Services Board Recommends Approval Affirmative A ;tlon 231/724-6703, FAX/722- 1214 Assessor 231/724-6708 FAX/726-5181 Cemetery 23 I /724-6783 FAX/726-5617 Civil Service 231/724-6716 FA X/724-4405 West MichJgan's Shol'ellne Cily Clerk 231/724-6705 FAX/724-4178 Date: September 30, 2002 Comm. & Neigh, Services 231/724-6717 To: Honorable ~~~~nJ City Commissioners FAX/726-2501 From: Ric Scott ~ - Engineering 231 /724-6707 Re: Smith-Ryerson Agreement FAX/727-6904 For many years , Basic Neighborhood Services has been Finance 231/724-6713 managing the Community Center at Smith-Ryerson. This FAX/724-6768 agreement is basically a renewal of that agreement. Fire Dept. 231/724-6792 This summer, the Jackson Hill Neighborhood Association FAX/724-6985 expressed interest in managing the facility. However , Income Tax they decided not to do it when many of the officers 231/724-6770 changed. FAX/724-6768 I would ask that you authorize the Mayor and clerk sign Info. Systems 231/724-6744 the agreement. The Leisure Services Board recommends FAX/722-4301 approval. Leisure Service 231 /724-6704 Thank you for your consideration. FAX/724-1196 Manngcr's Office 231/724-6724 FAX/722-1214 Mnyor's Office 23 1/724-6701 FAX/722-1214 Inspection Services 231/724-6715 FAX/726-250 1 Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231 /724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231 /724-6720 FAX/724-6768 Waler DUiing Dept. 231/724-6718 F AX/724- 6768 Water FIitration 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 OPERATING AGREEMENT 2002-111(d) THIS AGREEMENT made between BASIC NEIGHBORHOOD SERVICES, a Michigan non-profit corporation ("BNS"), and CITY OF MUSKEGON, a municipal corporation ("CITY"): WHEREAS, BNS has proposed to the CITY that BNS justly assumes possession and responsibility for the maintenance, operations, staffing and security ("operating control") of the Smith Ryerson Community Center at the Smith Ryerson Playfield, a CITY park owned and operated by the City of Muskegon; and WHEREAS, this agreement is a renewal of the operating agreement between BNS and CITY dated October 8 2002 . NOW THEREFORE IT IS AGREED: l. For a period of one (1) year from and after date of execution of this agreement, the CITY hereby assigns and transfers to BNS possession and operating control of the Smith Ryerson Community Center and its environs at the easterly end of the Smith Ryerson Playfield, City of Muskegon, Muskegon County, Michigan. The terms of this agreement may be renewed, annually, upon terms and conditions mutually agreeable. 2. BNS shall pay to the CITY the sum of One Dollar ($1.00) for the rights and privileges granted hereunder. BNS may charge a fee for the usage of the Community, which fee shall be used for programs at this site, maintenance and repairs. Monies received from _____ shall be payable to the City. 3. Attached hereto and incorporated herein by reference as Exhibit A is an inventory of the personal property and equipment located upon the premises possession and control of which are also transferred to BNS but which shall not be damaged, destroyed or removed from the premises by BNS or any of its agents or employees. 4. BNS accepts the premises in its existing condition and on an AS IS basis and in no event shall the CITY be liable for any defect in such property or for limitations on its use. 5. BNS shall, at its own expense, make any and all necessary interior repairs and replacements to the premises and shall maintain the same in a clean and orderly condition provided however that in the event BNS determines to undertake repairs and improvements to the premises all such repairs and improvements shall be done in a good and workmanlike manner and in compliance with the applicable codes and ordinances of the CITY; provided further that no such alterations, improvements or repairs shall be undertaken without first having obtained the prior written consent of the City Manager of the CITY. All improvements, replacements and C:\DOCUME-1\scott\LOCALS-1\Temp\BSNSMITH~RYERSON agree.doc 1 repairs made to the premises shall, upon completion thereof, become the property of the CITY and shall remain upon the premises at the expiration of this agreement. 6. The parties understand that BNS will from time to time receive grants and payments of funds from third parties for the purpose of operating its programs as well as performing its obligations to repair and maintain the facilities. BNS agrees that it receives said funds, to the extent they are paid for the purpose of repairing, maintaining or improving the facility, as agent of the CITY and that it shall devote the said funds to the uses intended by the grantor or payor thereof. BNS acknowledges its obligation to account to the CITY at such times as may be reasonably demanded, for its use of said earmarked funds. 7. During the term of this agreement the CITY shall pay all charges for water, gas and electricity used, rendered or supplied, upon or in connection with the premises. 8. The CITY shall maintain all mechanical equipment in and upon the premises during the term of this agreement. 9. The CITY shall not be liable for any damage on account of stoppage or failure of operation of any part of the mechanical plant of the premises including the heating, air conditioning, plumbing or electrical facilities. 10. The CITY shall provide a minimum of three (3) summer workers to assist in the operation of the premises for the months of June through September during the term of this agreement. 11. INSURANCE AND INDEMNITY a. Hold Harmless Agreements. To the fullest extent permitted by law, BNS agrees to defend, pay in behalf of, indemnify, and hold harmless the CITY, its elected and appointed officials, employees, volunteers, and others working on behalf of the CITY against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the CITY, its elected and appointed officials, employees, volunteers, or others working on behalf of the CITY, by reason of personal injury, including bodily injury and death, property damage, including loss of use thereof, and/or the effects of or release of toxic and/or hazardous material which arises out of or is any way connected or associated with this contract. The obligation to defend and hold harmless extends to CITY'S employees, agents, subcontractors, assigns and successors. b. Contractor Insurance Requirement. BNS shall not commence work under this contract until obtaining the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to CITY. c. Workers' Compensation Insurance. BNS shall procure and maintain during the life ofthis contract, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable Statutes of the State of Michigan. C:\DOCUME~1\scott\LOCALS-1\Temp\BSNSMITH-RYERSON agree.doc 2 d. Commercial General Liability Insurance. BNS shall procure and maintain during the life of this contract, commercial general Liability Insurance on an "Occurrence Basis" with limits of liability not less than $3,000,000 per occurrence and/or aggregate combined single limit, Personal Injury Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all explosion, Collapse and Underground (SCU) Exclusions, if applicable. e. Additional Insured. Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following shall be "Additional Insureds": The CITY, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. The endorsement adding the City as additional insured shall read exactly as follows: "The City of Muskegon 12 hereby added as an additional insured ... " f. Cancellation Notice. Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "It is understood and agreed that Thirty (30) days' Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to: CITY OF MUSKEGON LEISURE SERVICES DEPARTMENT." g. Proof of Insurance Coverage. BNS shall provide the CITY at the time the contracts are returned by them for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificate ofinsurance for Workers' Compensation Insurance. 11. Two (2) copies of Certificate ofinsurance for Commercial General Liability Insurance; m. Original Policy, or original Binder pending issuance of policy, for Owner's and Contractor's Protective Liability Insurance; IV. If so requested, Certified Copies of all policies mentioned above will be furnished. h. If any of the above coverages expire during the term of this contract, the CITY and BNS shall deliver renewal certificates and/or policies to CITY at least ten (IO) days' prior to the expiration date. 12. BNS shall honor all existing contracts between tenants of the Smith Ryerson Community Center and the City of Muskegon. C:\DOCUME~1\scott\LOCALS~1\Temp\BSNSMITH-RYERSON agree.doc 3 13. IfBNS.shall fail to perform any ofits obligations hereunder, CITY may, ifit so . elects, declare this Memorandum of Agreement to be in default and, without notice, at its option, declare this agreement terminated and may reenter the premises and remove all persons and property from the same, using all necessary force to do so; and BNS expressly waives all service of any demand or notice prescribed by any statute whatsoever. 14. One or more waivers of any covenant or condition by either party shall not be construed as a waiver of a further breach of the same covenant or condition. 15. This agreement shall be interpreted under the laws of the State of Michigan. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement 8th day of October 2002. WITNESSES: BASIC NEIGHBORHOOD SERVICES By_ _ _ _ _ _ _ _ _ _ _ __ Its._____________ and· - - - - - - - - - - - - - - - Its._____________ C:\OOCUME~1\scott\LOCALS--1\Temp\BSNSMITH-RYERSON agree.doc 4 Commission Meeting Date: October 8, 2002 Date: September 30, 2002 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ~iv RE: Sale of Non-buildable Lot at 497 Deaner Drive SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel #24-205-018-0016-00) at 497 Deaner Drive to Bob Neal and Becky Hatfield, 498 Mulder Street, Muskegon, Ml 49442 Approval of this sale will allow the adjacent property owner to expand their current yard (see attached map). This is very small, land-locked parcel (16 x 16.5 fl.) and there is a large Mulberry tree that needs to be removed. The City can't maintain this tree without crossing private property. The cost for tree removal would be extensive to the applicant, and in order to relieve some of their cost, LRC has recommended that an exception be made to the property sale policy and allow the lot to be sold for $1. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution. COMMITTEE RECOMMENDATION: The LRC recommended approval, due to special circumstances. 9/30/2002 CITY OF MUSKEGON RESOLUTION #2002-111 (f) RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT WHEREAS, the City of Muskegon has received $1 from Bob Neal and Becky Hatfield, 498 Mulder Street, Muskegon, Ml 49442 for the purchase of a vacant, City-owned lot located adjacent to her property at 497 Deaner Drive (parcel #24-205-018-0016-00); WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance, WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; WHEREAS, the sale of this property would be in accordance with property disposition goals and special recommendation of the Land Reutilization Committee (LRC); NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT OF 1903 W 16 FT LOT 14 EX S 115.5 FT BLK 18 be sold to Bob Neal and Becky Hatfield for $1. Resolution adopted this 8th day of October, 2002. Ayes: Nays: Absent: " hen Mayor Attest: ~ a ~31_.j Gail A. Kundinger, MMC Clerk CERTIFICATION 2002-111(f) This resolution was adopted at a regular meeting ofthe City Commission, held on October 8, 2002. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan; Act 267 of the Public Acts of 1976. CITY OF MUSKEGON, By ~_Q_ Gail A. Kundinger, MMC Clerk QUIT-CLAIM DEED 2002-111(f) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Tenace Street, Muskegon, MI 49440, QUIT CLAIMS TO: BOB NEAL, a single man, and BECKY HATFIELD, of 498 Mulder, Muskegon, MI 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: West 16 feet of Lot 14, except the South 115.5 feet, Block 18, CITY OF MUSKEGON REVISED PLAT OF 1903 for the sum of One and no/100 Dollars ($ 1.00) This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505{h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this i1f2_ day of October, 2002. Signed in the presence of: ~L~.i<~u~ 'i'~j;ht>Cb '~ QfrJ:k.,. 1\1), •~ · 1...t fr\.,':"'1='1cc:t.t STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this 30 day of October, 2002, by Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: John C. Schrier ~~~d~r~~~i Notary Public, Muskegon County, Michigan Parmenter O'Toole My commission expires: s - /~- ':5'. (2 175 W. Apple Ave., P. 0. Box 786 Muskegon, MI 49443-0786 Telephone: 616/722-1621 SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETIJRN TO: Grantee C:\DOCUME-1\anguilm\LOCALS~1\Temp\Al8072.DOC ------r--r-- -------~[- - - - - 3/\lciO cl3N\130 ---7 ---- lS <130lnf"J CITY COMMISSION MEETING Tuesday October 8, 2002 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Chief of Police DATE: October 1, 2002 SUBJECT: Approval ofWEMET Contract SUMMARY OF REQUEST: Police Department staff requests that the Commission review and approve the 2002-2003 Personnel Services Agreement with the West Michigan Enforcement Team (WEMET). This is an annual operating agreement between the City and WEMET. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. AGREEMENTFORPERSONNELSERVICESBETWEEN THE WEST MICHIGAN ENFORCEMENT TEAM (WEMET) AND MUSKEGON POLICE DEPARTMENT 2002-111(9) This Agreement is made this !st day of October, 2002, by and between the West Michigan Enforcement Team (WEMET) and Muskegon Police Department, a Michigan municipal corporation, (the Contracting Public Agency) with reference to the following facts and circumstances: A. WEMET is a cooperative law enforcement force, established under the provisions of the Urban Cooperation Act, MCLA 124.501 et seq., MSA 4.4088(1) et seq., for the purpose of protecting the health, safety, and welfare ofthe general public and the residents of West Michigan by enforcing narcotics and controlled substance laws. B. The Contracting Public Agency has a law enforcement agency under its jurisdiction and control, and agrees to provide full-time equivalent manpower from that law enforcement agency to participate in and support WEMET operations, on the terms and conditions set forth herein. Now therefore the parties agree as follows: 1. Duties of the Contracting Public Agency. The Contracting Public Agency agrees to provide and assign 5 full-time (average of 40 hours per week) law enforcement officer(s) to function as a member(s) of the WEMET cooperative law enforcement force. During the period of such assignment, any law enforcement officer provided by the Contracting Public Agency shall operate and perform all law enforcement functions under the direct supervision and control of the Commander ofWEMET. The name and any specific terms under which any assigned law enforcement officer shall work under the jurisdiction ofWEMET shall be set forth in a separate 1 letter from the Contracting Public Agency and shall, to the maximum extent permitted by law, be confidential under the provisions of the Michigan Freedom of Information Act, MCLA 15.231 et seq., MSA 4.1801 et seq. 2. Employee of Contracting Public Agency. All personnel supplied to the Contracting Public Agency shall remain at all times solely the employee of the Contracting Public Agency, and not of WEMET; and the Contracting Public Agency shall be and remain solely responsible for the payment of all wages, fringe benefits, disability payments, and charges to be made for equipment, supplies, and materials used or expended by which are not otherwise supplied by WEMET. Any equipment, supplies, and materials to be supplied or furnished by the Contracting Public Agency for use by the personnel assigned under this Agreement is listed in Exhibit "A" attached hereto, and may be changed or supplemented from time-to-time by agreement of the parties. 3. Reassignment of Personnel: The parties agree and understand that, due to the nature ofWEMET's work, it is absolutely necessary that the Commander ofWEMET have the final determination with regard to personnel assigned to WEMET operations. The parties agree to work cooperatively with regard to personnel decisions and assignments but final decisions regarding the appropriateness of personnel and their assignments shall rest with the Commander. The Commander may request re-assignment of personnel at any time, without cause, and in his/her absolute discretion. 4. Indemnification and Hold Harmless. It is the intent of this Agreement that all parties . shall bear the sole responsibility for the acts and omissions of its personnel in providing services pursuant to this Agreement. Each Contracting Public Agency shall defend, indemnify and all other Contracting Public Agencies, and all Participating Public Agencies under the West 2 Michigan Enforcement Team Agreement harmless from any costs and liability, including attorneys' fees, caused by any act or omission of the indemnifying party, its officers, agents or t:;mployees, performed while acting within the scope of their duties and while performing under the terms of this Agreement. Nothing contained within this Agreement shall be intended or construed to provide third party beneficiary rights to any persons or to create a cause of action in favor of such persons. 5. Govermnental Immunity. In signing this Agreement, neither party waives their governmental immunity, nor any defenses available to them or their officers, agents or employees when providing services pursuant to this Agreement, under the terms of the Michigan Governmental Immunity Act, being Act 170 of the Public Acts of 1964, as amended, MCL 691.1401, et seq., MSA 3.996(101) et seq., or any other defenses which may be available to any of them under state or federal law, nor shall this Agreement modify, or be construed to modify, the privileges and immunities of law enforcement officers under Michigan law. 6. Insurance. The Contracting Public Agency signing this Agreement shall maintain, at all times during the term of this Agreement, liability insurance for claims of bodily injury, personal injury or property damage to cover the operations of their respective departments, employees, officers and agents, including all assigned personnel, with limits in an amount of not less than $1,000,000. Such insurance shall provide coverage for offenses including, but not limited to, bodily injury or property damage arising out of the use ofreasonable force to protect, to prevent injury, or to effect an arrest, false arrest, false detention, false imprisonment, malicious prosecution, libel, slander, false, erroneous, or improper service of civil process, and violation of federal and state constitutional rights and federal, state, and other civil rights. The Contracting Public Agency shall also maintain, at all times during the term of this Agreement, Worker's 3 Disability Compensation insurance or self-insurance approval, as required by Michigan law. The Contracting Public Agency shall further maintain, at all times during the term of this Agreement, insurance policies or programs to cover the use and operations of motor vehicles, with limits of not less than $1,000,000 for comprehensive general liability and statutory "no fault" requirements. The Contracting Public Agency shall furnish proof of any insurance coverage required by this section, upon reasonable written request, to any signatory of this Agreement. 7. Termination of Agreement. This Agreement shall commence on the day and year first above written, and shall terminate on September 30, 2003, unless otherwise extended in writing by all parties to this Agreement. Any party may withdraw from this Agreement by providing written notice of the intent to withdraw to the chief law enforcement official and the chief civil administrative official of each of the other parties no less than thirty days prior to the date that the party will cease to participate. IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date first written. 4 West Michigan Enforcement Team (WE~) By: ro~&.r~c: _/ Chairperson, Policy Board By: Secretary, Policy Board By: Its: By: Its: Gail A. Kundinger, City Clerk 5 Commission Meeting Date: October 8, 2002 Date: October 1, 2002 To: Honorable Mayor & City Commission from: Community and Neighborhood Services Department RE: Approval of City's Vinyl Siding program guidelines SUMMARY OF REQUEST: To approve the guidelines for the vinyl siding program administered through the Community and Neighborhood Services department. Because of a change in policy related to the lead based paint issue, the Community and Neighborhood Services has discontinued its exterior painting program. Therefore, in an effort to serve as many residents as economically feasible the department revised its vinyl siding guidelines. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the revised vinyl siding program guidelines COMMITTEE RECOMMENDATION: Recommended the change to new program guidelines. Vinyl Siding Program Revised Guidelines The Vinyl Siding program intends to correct damages to the exterior siding of owner occupied homes to qualified residents throughout the City of Muskegon. In addition to maintenance value, the vinyl siding program is to add aesthetic appeal to the home and the immediate neighborhood throughout the City. Priority: Assistance will be available to residents citywide with priority given to Senior Citizens (62 years of age and older), certified physical disable persons with the following types of exterior siding: imitation brick, asbestos, slate and chipboard. Eligibility Requirements 1. Total household income must be no greater than 60% of area median income 2. The applicant must be an owner occupant of a single-family dwelling. Land sale contract buyers are eligible but must obtain the approval of the land contact holder. 3. All applicants must reside in the home for at least one year before applying. 4. All property taxes must be paid up to date at the time applicant applies to program and at the time of construction. Other conditions that may qualify applicants for the program 1. Extensive damage to siding, cracks, holes or rotted wood. 2. Large amounts of missing siding when the original material is no longer available. 3. A wood surface that has deteriorated to the point where paint no longer properly adhere to the surface. All structures must be determined structurally sound by the CNS rehabilitation inspector and / or city building inspectors A lien will be against the property for the full amount of assistance. This lien will be reduced by 20% per year until concluded or balance reimbursed to the City of Muskegon. Date: October 8, 2002 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Resolution for Charitable Gaming License SUMMARY OF REQUEST: Obesity Cure International Inc., 1248 Albert Avenue, is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None t'\I\ . \j ~ ~ G'-"- wlJ ~ ~ LA.)oJd ~ ~ .. )k, e,~GO'\.Sb l t{3) ' MICHIGAN LOTTERY ' 'l~ ~' CHARITABLE GAMING DIVISION 101 E. HILLSDALE, BOX 30023 LANSING, MICHIGAN 48909 iornJry 15171 335-57B0 www.state.mi.us\milottery LOCAL GOVERNING BODY RESOLUTION FOR GAMING LICENSES ISSUED BY THE MICHIGAN LOTTERY (Authorized by MCL 432.101 et seq) 2002-112(b) Ata Reg1iJ ar REGULAR OR SPECIAL meeting of the _ ___,,C=i""t'"yc-.:'C":o'=m"'m'-=i~s"'s~i~o""n====-- rowNsH1P, CITY, OR VILLAGE COUNCIL/BOARD called to order by Mayor Warmington on October 8, 2002 at DATE 5:30 a'.lm./p.m. the following resolution was offered: TIME Moved by Commissioner Schweifler and supported by Commissioner Larson that the request from county of -----'-(t\---'-'-'--'->S:,_-_,_k;=,z_='ll--"O'-'-,.-...--'------' asking that they be recognized as a nonprofit COUNTYNAlfE organization operating in the communitY for the purpose of obtaining a gaming license or registration be considered for approval Af',=,flQVAUDISAPPROVAL APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: 0 Nays: Absent: 0 Absent: State of Michigan ) SS County of Muskegon I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission at a Requ l ar meeting held on October 8 2002 *"* SEAL OR NOTARY*** SIGNED: ~~SHl;,q,O~:~~ Gail A. Kundinger, City Clerk PRINTED NAME ANO TITlE 933 Terrace Muskegon, Ml 49440 ADDRESS NOT VALID UNLESS MARKED WITH GOVERNING BODY SEAL OR NOTARIZED \Toe Micnigan Lottery will net discrimina1e against any individual or group because lotrace. sex. re!iQion, age, national onqin, color, mental status. Qualified disability or ICOMPLE170N: R&QU!fed. 'DOIUicaf belie in Hs ai:tMl16S or m ~s h1rin or emp ent praciices. PENAL TY: Possible denial of apolication. <fil. ce. r,. c({)j~ ~ rJ~ " .di, ~-<JJ>w/,w ~ " 501 (C) (3) P.O. Box 5397 ~ N. Muskegon, Ml 49445 Phone 1-888-220-9133 ~ Fax 231-773-6792 www.weightperfect.org September 23, 2002 City of Muskegon Commission Board 933 Terrace Street Muskegon, Michigan 49443 Muskegon City Commission: Obesity Cure International, dba O.C.I., was created with the specific purpose of finding a permanent solution to the greatest health risk facing America today, obesity. It is our intention to build a , state of the art, research institute in the city of Muskegon. We have decided a weekly bingo would be helpful to cover operating expenses until major fund raising programs are in place. A resolution by the commission is necessary to accompany our application to the State of Michigan. Your prompt consideration to this matter will greatly be appreciated. P.S. Board members and officers are all volunteers. Since~ f], tJ~~ F'"-A J , ~B.Wilson INTERNAL REV..NOE SEF:JJ.CE P. o. smc 2soe :JE.!?ARTMZNT OF THE !:REJ.SU.RY C!.t:V:!.blNPc..'tI, OH 45201 Emp.'.:..c-yex:· :r.oent: f icatio.:n. Number: Date, Ju.,,~ <• ' ,:. ' 3 8 ..:3 54 <J (; 94 DLN: 302126006 OBESITY ~Ul!.l.l INTE!UlATIQN;,.:, Cont a.ct Persc,n: :/o JOm, l! WILSON WILLIAM C' cA!I.VI !t'# :ll431 l24ll ALBERT !Wl!l Conl".act Telephc71e Num.be.r, MO'S!CEGON, M! 4944: (877} 829-:'SSOO Acccunti.ng ?.a'!.·iod Endir..g: Decetr.l1er 3 .L l?ounda.ticn Stat.us Clae.sifiea.tion, 50Sia)(1' Advance R:.Jling Period Begins: Jur-,.e 13, 300l l~cb.ra.nce R\.:.l ing t,ar:!.od. ends: Deceetl:.e~ 31, 200s i'=l..ddendum Appli.ee: N'o Dear Applicant: Based on informatic.n yci"J 1n... ;-;pliGd, ar::..:i a.?.s~-i.i1iing your operations will be as s~ated in you.r appllcat -ion fo:r: ;;ec:ogr:.i eion of e ><~r,"l:pt.ion, w~ have ciet:erl-nined yoc are exempt frorn fed~ral income -:ax under section 501 (a.} o=. the Int:ert!al Revenue ,::ode: ao an organi~ation described in sect.ion SVl (c) (3). Secause ycu are a r,;;wly c,:-eated organizatcon, we !ire not ~,o,, snaking a final dete:r;mina.tion of your f-:>unda.tior.. status undR.r section 509 (a) of the Code. Howeive-r, we have dete1-miJ:ed that you can re~sscr..iilily expect to be a publicly supported organization d-eecr-ibed. :n aect.ion 5C9 (a! <.:21 • .Accordingly, durir.,,9 .;i.n adva11ce :culing period you will be treaeed as a f'Ubj_iely suppo:r-teid o.rgs..:-:.ization, a.::::!.d no-: as a pr:i. vat:e fol.illdation. ·rhia advance. ruling period begi.r.,,s and end1:; on the dnteil s,how:n ab..,ve. rliehin 90 days afc>!t' the er:d of your advl\nce :z:,.;.ling per_iod,. you must send us the information .needed to :ietermirie whecher you have met the require- ments of t:he applicab2.e .i::\.lf'PQ:t·t test during the ad:vance rt.1ling period, !f you establiah that you have beer., a r,ubl°icly supported organizati.ou, we will classi- fy you as a r:utctior~ SOSi (a} (1: oi:· 503 (c:i,j (2) orga.nizat:ion as long as y-ou continue t<:> meet the requirem"'1,ts of t.he applicable supvort t,.,,.t. If you do noe meet 'the public support !:'eti:t:.i.rementa ch1ring t:he advance ruling per1.od1 we wi:.l classify you as a private foundation tor futuz~ periods. Also1 if we olaesify you ae a private fou:1dar.ic.1n; w~ vd.!.l treat yc•u a£.S a pr.Lvate fou..-,.datio.n from ,,our l:>eginn;.ng date tor purposes of aeccio» ,;07 (di and 4940, Qrantors and r:ont:ributor!! r:1a)~ rely on (~ur determina':.ion that you. a.re not a t1i:ivete founc!at:itln •:.nt.il so da•1a after t:,e ,.,,d of your advance rul.ing p;,riod. If you send us the J!'eq_uired inf~r~n.,;:i,L!.cn 'JJithin the 90 days, g.ran.to:rs and. eont::-i..butors may continue to re:y on tt'e advance cieterm.in.--tion unti1 w~ make Lett,r 1045 (PO/CG) a fin.al dete:nrdnat.ion cf yo.Jr !oundi~tion status. !f we p@lish a not.ice in i':be :ncar:::ial Revenue .Su.l..letin stating that we will no lcnge·r treat you es -a r,u;:)li~:ly suppcxted i,rganization, granters al'l.d cont.ri.but~re may not rely on ':his det.ermi:r:-i.ation a.ft;er thit: date we: publish the ~oT;ice, Zn add.i:,:ic,n, if you lose your status as ~ publicly supported o.rgani- :zai:ion, and a gr.ant or O!: i::,:;:.tribut:or was ::ea[)onoible fe".lr, or was aware of, the act. o::.- fa,1.lure t.o :,i.c,:, · that resulted ir:: :rc'.,;,r 11.,ss cf such status, t:.hat perocn may not rely on i:l-d'-' d<:terrnina.cion froM :hi1' date 1:f the act ?r failure to aet. Al se, if a gra.ntor e:r ,,;<:,t!tt'J.bu.tc.::: ::.ea:.~1ed 'that:. we had given. noti.-ce that you would J:,e removed from clij,',se:.fi.{.~ation a.s a pu.l::lir.!ly supp,orted organization, th<en that person may not rely or. t;h.i.:;1 det;e::.."mirta.tiOl"l 3Sc of t.he date he o::: ehe aequired sueh knowledge. If you change ycu.r sources of support, you1· purposes, character, 01: method of <"J;,e:=:•ation, plea.se let us know so we can co1:i.aide.r t.he effect of the change or. yo•.ir exempt: status ar.6. foundation scat':le. If y,m amend your oxgani:,,at1onal d.oc:1..un.ent or bylaws, pl<!iase send ·us a copy of t.h~ amended document or bylaws, A.&.so,, let us know a.:1 cha.1.'l.ges in yo-:..:.r name or address. As of January 1, .l.S:84, you are liable for 3oc:ial 35cu~itY taxes under the Federal Ineurance C0ntri.bu.t1011.s Act on amounts ot· $1JO or more you pay to_ aach of your ~mployees during a cale::6.ar year. Ycu are not liable for the tax impoae.d under the P't:der.al "C}ti.e:mpl-:,ymer..t Tax Act {!"UTA) . Organizat:ions that: are n,:,t prlvat\! ioundations az: 1?. not subject to the pri- vate foundation e:xciae t-,9..;{es under chapeer 42 of the !:ot.ernal ReNenue Cod~. !icwever, "!/O\l are: no~ autOtn.at icaJ. ly exempt from c-ther federal excise taxes. If you have any questions abo·...1t excise, employment, or '-'ther federal taxes, please let us kno11. Donors may deduct (,;()!').t;ributions t.o you as pt"cVid~-:1 in sectii:in l. 70 of the In.terna.l Revenue Code, Be-~1uests, -~~~g3c:,es. deviaes, transfer.a, or gifts t.o you or f0r your use are deductible f::,r Federal estate amd gi.ft ta:x: purp01.1ee ii: they meet the applicable pi:ovuiona of ~ections 20$5. :J'.'.%, ancl 2S22 of tne Code. Donore may deduct cont::,;ibuticns :o ycu only ~o the. extent that their contributioml ate g:.f ~a, with no ccnsi<laratic:n received. Ticket purchases &nd sirnilar paymen::s in l:anjunotion w::.th fundra.isi:ng eve-:.nts ir.ay not xvaoessariJ.y q-.1ali£y as deducti.ble ,:ontrib·~t:.cne, depending or1 the circumiltances. Revenue Rulins 67-246. published in Cum'.!.l.ative B\llletin H67•2, on page 104, gbes guidelines regax·ding when taxpsyers may deduct pa;'1Tlente for a,dmisaion to, or other pa~ticipat:ion in, fundraising activities .for charity. You are not req·J.i:reri to file Form 990, Ret,.1rn of 02.-ganiza.tion Sltempt From !ncome Taxi if· you.r gross z:-eceipts each year are normally $25,000 01· lesa, If you reeeive a Forni 990 pac'<ag,, in ~he mail, ,.imply attach the label provided, check the box in thl!I headins to ir:dicat,s th,,.L your annual gross :ceceipte a:i:e aortrtally $.25, c.ioc, o:t· l.e~:1, ~:r..,:i 111ig.x:, t:.ha return. Be~~aucs you will \:,,e i::rea.t:ed as a publi~ cMrity fot.· ·r-';!t:.\.!.:~:-..1. fL.ing purr,,oe;es during you,: entire advance 1tuling pe.riod 1 you. ehoul.d f:i.l.e F•::n:-n, 990 fo:i:· ~a.ch ysa.:r- in you.1.~ advanc::\'b. ~uling pe:riod ~ette:i: 1045 (PO/CG! Oll!.StT'l CURE !NTER'.JAT!ONA!, !NC that you ext.":eed tl";.~ $25,000 f1.li:1g thr~s!,cld even i:! your sources of support do not D&tisfy the put-.lic ac1.Jppo:rt test .spec:1..fied in thr:: he~ding of thie letter. rf a return :ts req1..:ired, it must br.' f.i.led by the lSt.h. day of the fifth r.:oceh a.fter r.he er,d of your annual acccu:1c.~ng period. A penalty of $:lO a day 1s charged. when a retu:t·n -~S filed late( unl~as ~he.re is rea41onable caui!e for the delay. HowevP.r, the max:;.mun: pena.lr.:y char"3"ed oa.1.-~no-:. eJ<:ceed $l0, 100 or 5 pe:reent of -yo.J.r grc-e-s_ rece.ipts !o:: t.be year, V11hi-::he~.tl'!;:r ie le.es. For organizations wit.h g-1:osa .r.<?ceipts exceed~ng s1,coo . ooc i.:::!. any year,· the penaJ.ty is SlOO per day per reh,rt,, 1en.:.e,;o ther,s is reasonable cau,;e for the delay. The ma..,dmum p.enalty f~r an orgar.!.cstion with g:,:oas r"ceipts e:xc:eeding $1,000,000 sh.all not excel!.ld $S0tCC10. '!'l'"~is penalty may alsc be cba.rged if a return .is :tot eomplet.e. St,, p.::.d.aae bl:'! i::u~e ,,1-::u:r 1:-et:urn i1':! eomplfl!te bef(:a-e you file it. You are not :t:·equireC:. ':.o file !edera.)~ inco~-e tax r.e:t~rns unless you are subject tc the ta.x. o~ ,.a:r-e:lated l:,:.isines,s i.ncorr.e '.i.r1cler :aect.:i.on Sll of the Code If you are subjecc: to th::.s tax, yt,u mu.et fi:e an income ':ax return on Form 93-0-T, exempt O'L~ga.nizat:lor.\ Busineoa Income '!'ax Return. In this J.ett:er we are not d$-termining whether any o: your presen-:. -:,r proposed act.ivir.ie!!1 are unre ... bted t.rade or busin•rna as defined· in section S:3 of che Code. You are required to make _you= annual it'lfo~a-c:.:...,n ret.urnf Pot·m 990 or ?orm 9$10··HZ, available f•:,r publ::..c inspection fc-r three years .tfter- ~he later of the due date of t.he ret:'..l:r:n o,: the dtite t:he ratuz-::1 ill f:!.led, You tir9 also required to mak~ available fer public 1nspectlon your ~xemption appliea~ion, any .s\..pport!r.g doc:ument!i, and your e~~empt:ion lettiaz:. Copie.1;1 ef these doeumente ax:e also regu.i:ced to be prov1.ded to any individual :.ipon wric~en o:r in perecn requeert wi thot.tc ch.m.J.'ge othe= tl:an rea.sonab~.e feas for oopying and postage. You may fulfill this reqt:.:.rement by placing the:.se documents en the Inte~n-et, Pen,alti~a may b~ imposed for failwr-t t:o comply· w1-.th these ra,qui:ntnle.r,ts. Additional ir..feirmat.icn ;.$ avail.UJle it':. Publication 557, Tax ... Jixempt Status fc.r Your Orgar:izs.t:ion1 or you ma1; 1.;all our toll fra-e numi:>er shown above, 'iou need an 11?mployer 1.d.-sntific:1tion number even if you have no employ~es. :f an employer. identification m;.\llbe.r -11as net: er.1.te:!:"G-d on your applio&tion1 we will iUJSiST.- a n.umbei.~ eo you an.d advi~e yo"..l of it. Please use that nwriber on all returns you fi1e. ano .in a:!.1 :::orrespo:idence- wi.::h che Internal P.a•renue Sez·vice-. Thia det.ru:mination :O.$ based on ev•ide.n.ce tl:at your -:!unds are dedicated to the purposes l.iste'1 i::1. section Sol/.~) (3} of t:.h_e Code. To a.ssu.re you.r continued exemption, you should keep records to shew t.ha.t funds are spent only for those pur;cee.t, 'i.f you c:1i.,tribute fur,ds to othe.r orgar:.izations, your records shou.ld sho!.: whether they are ex,.mpt: under se~:::.on S:J: !ci ( 3 l . In c:e.ses where the recipient o:i:-ganization is not ex2inpt ;1nder sectio'l'l 501 {c) (3), ~,ou rnuet. h«.Vli! evidence- th41-t the funds will :::ema:r:. d.edicated tc the requi::-ed purposes and th.at t.he recipient: will u6\e: the f,..mds to-:..· c:loae purposi;::::i. r.f you distribute f;..i:nds to i.u~j_ v::.dua.ls., Y?U sho',.l..ld. keep oase histor:i..e!l -4- showing t.he r~cipi~nt.s: names. addr!!!i!Se.;, puz-pc$e$ oi awards, n,..ar...."ler of selec¥ t.ion, and relat:ioiiship fif any} :o mcm.be::s, office.rg, trustees o.r do;io,;s cf funds to you, so that. :·/ou c~n !iubStant::tat:.e upon !'5:!q'l~est by t:he I11~ernal Revenu~ Service any and al:. diatri.C'utions y-01.1. made to :.i:di~riduals. O<.even·..ie Rtiling s6-:;04, c.e. l::iSG-2, pag~ 3:rn.·1 I! we saict i:t t:.he heacti11g of ch.:.s letter ::hat ,:u1 addend.um applie!!, ':he addendum eneloeed is an ir...t:eg~a: pa.rt ,::i: :h.:s J.e'!';t:er. Becaus.e th.is letter could. he~;; 1.:.s reaol7e any qut!st.ior.. s a.bOL!t :,"eiu:1: ei.xemp: status and foc.....,.d.at:'.01:.: stat:1;.e, yet:. .shou.:d ke.i:::~ it: ix: you.:r pe=manE:.nt: recoJ:.'ds. We have sent a copy o~ th.is lec:t,e:::-. to your representativ.e as l.ndieated. in y.our p,::)l.>Jer of at:.torne•,,.. If you. ha.ve ~y quez:icions, pleas":" .contact th-e p~rs<.m t.'-'hose .name and 1:.elaphon~ nu.rnbar a.re sho·wn in the h':!adi:tg of this letter. stev~n ·1·. Mill er .D.ir!e::tox·, Exernpt O·t'ganizat:i.onv EnclOS'.ll:'IJO (s) Form 8'12-C Le,;xer 104.S (Do/CG) Charitable Conllibutions - The written substantiation should also note whether the dance organiza- tion provided any goods or services in consideration, in whole or in part, Substantiation and Disclosure Requirements for the cont:tibution and, if so, must provide a description and good-faith estimate of the value of the goods or services. In the new law these are referred to as "quid pro quo contributions." UNDER THE NEW LAW, CHARITIES WILL NEED TO PRO- VIDE NEW KINDS OF INFORMATION TO DONORS, Failure to Please note that there is a new law requiring charities to furnish do so may result in denial of deductions to donors and the imposition of disclosure statements to donors for such quid pro quo donations in penalties on charities. excess of $75. Tirls is addressed in the next section regarding DiscloN sure By Charity. Legislation signed into law by the President on August l0, 1993. con- tains a number of significant provisions affecting tax-exempt charitable If the goods or services consist entirely of intangible religious benefits, organizations described in section 50 I lc)(3) of the Internal Revenue the statement should indicate this, but the statement need not describe or Code. These provisions include: ( 1) new substantiation requirements for provide an estimate of the value of these benefits. "Intangible religious donors, and (2) new public disclosure requirements for charities (with benefits" are also discussed in the following section on Disclosure By potential penU!ties for failing to comply). Additionally, charities should Charity. If, on the other hand, the donor received nothing in return for note that donors could be penalized by loss of the deduction if they foil the contribution, the written substuntiation must so state. to substantiate. THE SUBSTANTIATION AND DISCLOSURE PROVISIONS APPLY TO CONTRIBUTIONS MADE AFl'ER The present law remains in effect that, generally, if the value of an item DECEMBER 31, 1993. or groilp of like iterils exceeds $5,000, the donor must obtain a qualified appraisal und submit an appraisal _summruy with the return claiming the Charities need to familiarize themselves with these tux law changes in deduction. order to bring themselves into compliance. This Publication alerts you to the new provisions affecting tax-exempt charitable organizations. Set The orgunization may either provide separate statements for each contri- forth below are brief descriptions of the new law's key provisions. The bution of $250 or more from a taxpayer, or furnish periodic statements Internal Revenue Service plans to provide further guidance in the near substantiating contributions of $250 or more. future. Separate payments are regarded as independent contributions and are not aggregated for purposes of measuring the $250 threshold. However, Donor's Substantiation Requirements the Service is authorized to establish anti-abuse rules to prevent avoid- unce of the substantiation requirement by taxpayers writing separate Documenting Certain Charitable Contributions. - Beginning Janu- smaller checks on the same date. ary 1, 1994, no deduction will be allowed under section 170 of the Inter- nal Revenue Code for any charitable contribution of $250 or more un- If donations are made through payroll deductions, the deduction from less the donor has contemporaneous written substantiation from the each paycheck is regarded as a separate payment. charity. In cases where the charity has provided goods or services to the donor in exchange for making the contribution, this contemporaneous A charity that knowingly provides false wtitten substantiution to a donor written acknowledgement must include a good faith estimate of the may be subject to the penalties for aiding and abetting an understate- value of such goods or services. Thus, taxpayers may no longer rely ment of tax liability under section 6701 of the Code. solely on a cuncelled check to substantiate a cash contribution of $250 or more. Disclosure by Charity of Receipt of The substantiation must be '"contemporaneous." That is, it must be ob- Quid Pro Quo Contribution tained by the donor no later than the date the donor actually files a re- turn for the tilx year in which the contribution was mude. If the return is filed after the due date or extended due date. then the substantiation Beginning January I. 1994, under new section 6115 of the Internal Rev- must have been obtained by the due date or extended due date. enue Code, a charitable organization must provide a written disclosure statement to donors who make a payment, described as a "quid pro quo The responsibility for obtaining this substantiation lies with the do- contribution," in excess of $75. This requirement is separate from the nor, who must request it from the charity. The charity is not required written substantiation required for deductibility purposes us discussed to record or report this infonnation to the IRS on behalf of donors. above. While, in cenain circumstances, an organization may be able to meet both requirements with the same written document, an organiza- The legislation provides that substantiation will not be required if, in tion must be careful to satisfy the section 6115 written disclosure state- accordance with regulations prescribed by the Secretary, the chmity ment requirement in a timely manner because of the penalties involved. reports directly to the IRS the infommtion required to be provided in the written subst:mtiation. At pt'Csent. ,there are no regulations establishing A quid pro quo contribution is a payment made partly as a contribution procedures for direct reponing by charities to the IRS of charitable con- and partly for goods or services provided to the donor by the charity. An tributions made in 1994. Consequently, charities und donors should be example of a quid pro quo contribution is where the donor gives a charN prepared to provide/obtain the described substantiation for 1994 contri- ity $100 in consideration for a concert ticket valued at $40. In this ex- butions of $250 or more. ample. $60 would be deductible. Because the donor's payment (quid pro quo contribution) exceeds $75. the disclosure $t:\tement must be fur- There is no prescribed fonnat for the written acknowledgement. For nished, even though the deductible umount does not exceed $75. example, letters. postcards or computer-generated fomis may be uccept- able. The acknowledgement does not have to include the donor's social Separate payments of$75 or less made at different times of the year for security or tax identification number. It must, however, provide suffi- separate fund-raising events will not be aggregated for purposes of the cient iufonnation to substantiate the amount of the deductible contribu- $75 threshold. However, the Service is authoflzed to develop anti-abuse tion. The acknowledgement should note the amount of any cash contri- rules to prevent avoidunce of this disclosure requirement in situations bution. However, if the donation is in the fom1 of property, then the such as the writing of multiple checks for the same transaction. acknowledgement must describe, but need not value, such prope1ty. V nluation of the donated property is the responsibility of the donor. The required written disclosure statement must: ( 1) infom1 the dono~ that the amount of the contribution that is de- ductible for federal income tax purposes is limited to the excess the donor by 3:11 organization organized exclusively for religious of any money (and the value of any property other than money) purposes, and must be of a type that generally is not sold in a contributed by the donor over the value of goods or services pro-. commercial transaction outside the donative context. An ex- vided by the charity, and ample of an intangible religious benefit would be admission to a (2) provide the donor with a good-faith estimate of the value of the religious ceremony. The exception also generally applies to de goods or services that the donor received. rninimis tangible benefits, such as wine, provided in connection with a religious ceremony. The intangible religious benefit ex- The charity must furnish the statement in connection with either the ception, however, does not apply to such items as payments for solicitation or the receipt of the quid pro quo contribution. If the disclo- tuition for education leading to a recognized degree, or for travel sure statement is furnished in connection with a particular solicitation, it services, or consumer goods. is not necessary for the organization to provide another statement when the associated contribution is actually received. A penalty is irriposed 0_11 charities that do not meet the disclosure re- quirements. For failure to make the required disclosure in connection The disclosure must be in writing and must be made in a manner that is with a quid pro quo contribution of more than $75, there is a penalty of reasonably likely to come to the attention of the donor. For example, a $10 per contribution, not to exceed $5,000 per fundraising event or disclosure in small print within a larger document" might IlOt :fll'eet this mailing. The charity may avoid the penalty if it can show that the failure requirement. was due to reasonable cause. In the following three circumstmi'ces, the disclosure statement is not Please note that the prevailing basic rule allowing donor deductions required. only to the extent that the payment exceeds the fair market value of the goods or services received in return still appJies generally to aJI ( l) Where the only goods or services given to a donor ~eet the stan- quid pro quo contributions. The $75 threshc.dd pertains only to the dards for "insubstantial value" set out in section 3.01, paragraph obligation to disclose and the iniposition of the $10 per contribution 2 of Rev. Rroc. 90-12, 1990-1 C.B. 471, as amplified by section penalty, not the rule on deductibility of the payment, 2.01 Of Rev. Proc. 92-49, 1992-1 C.B. 987 (or any updates or revisions thereof): (2) Where there is no donative element involved in a particular transaction with a charity, such as in a typical museum gift shop Department of the Treasuiy sale. Internal Revenue Service Publication 1n1 (11-93) (3) Where there is only an intangible religious benefit provided to Catalog Number 20054Q the donor. The intangible religious benefit must be provided to Internal Revenue Service Bulk Rate Postage and Fees Paid 1111 Constitution Avenue, NW IRS Permit No. G-48 Washington, D.C. 20224 Date: October 8, 2002 To: Honorable Mayor and City Commissioners From: Department of Public Works RE: Consideration of Bids Removal of Underground Storage Tanks at Hackley Fire Barn SUMMARY OF REQUEST: The contract for the removal of underground fuel storage tanks at Hackley Avenue Fire Barn be awarded to Michigan Consulting and Environmental since they were the lowest (see bid tabulation) responsible bidder with a bid price of $13,693.14. FINANCIAL IMPACT: None The demolition cost of $13,693.14 plus a 20% contingency for a total of $16,431.77. This has been budgeted with the Capital Improvements Fund in the 2002 budget. Construction Engineering has been handled under separate contract. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Michigan Consulting and Environmental. COMMITTEE RECOMMENDATION: City of Muskegon - Hackley Avenue Fire Barn Bid Tabulation for Removal of Underground Storage Tanks XBid Opening September 19, 2002 Pitsch Companies Northern A-1 Services Rohr Gasoline Equip., Inc. Michigan Consulting and Environmental 675 Richmond, N.W. 1122 E. Barney 8549 Centre Industrial Dr. P.O. Box 484. Grand Rapids, Michigan Muskegon, Michigan Byron Center, Michigan Mount Pleasant, Michigan Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid Bid Item Unit Unit Price Total Unit Unit Price Total Unit Unit Price Total Unit Unit Price Total Proiect Manaaement/ Supervision LS $250.00 LS $1,225.00 LS $2,000.00 LS $3,500.00 Mobilization/Demobilization, Equipment, Personnel LS $750.00 LS $1,200.00 LS $500.00 LS $1 ,000.00 Purging, removal and Disposal LS $3,500.00 LS $475.00 LS $4,650.00 LS $2.638.14 of Contents of UST's Excavation/Removal of UST's (and Piping) LS $6,900.00 LS $3,200.00 LS $5,500.00 LS $2,000.00 (1) 15,000 Gallon Fiberglass Unleaded Gas (1) 15,000 Gallon Fiberolass Diesel Cleaning/Evacuation/Dismantlement of UST's LS $500.00 LS $600.00 LS $1,500.00 LS $1 ,000.00 Dispensers and Related Pipina Transporation of UST's, Disoensers, and Picina LS $50.00 LS $720.00 LS $750.00 LS $500 .00 Disposal of UST's, Dispensers, and Piping LS $50.00 LS $1,520.00 LS $3,500.00 LS $0.00 and anv Drummed Materials Disposal of Ashalt/Concrete Debris LS $250.00 LS $165.00 LS $1 ,250.00 LS $500.00 Placement/Compaction of Backfill (250 CY's) CY $10.00 $2,500.00 CY $13.59 $3,397.50 CY $15.00 $3,750.00 CY $7.20 $1 ,800 .00 and stone cover Replacement/Toosoil/Grass seed (1,000 SF) SF $0.50 $500.00 SF $1.46 $1,460.00 SF $0.75 $750.00 SF $0.755 $755.00 Total Base Bid $15,250.00 $13,962.50 $24,150.00 $13,693.14 CITY OF MUSKEGON AGREEMENT FOR SERVICES OR CONSTRUCTION Small and Limited Proiects THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon, Michigan, and Northern A-1 Senrices ("Contractor"), of Muskegon, Michigan, for a small or limited project, and is made in the following terms: Agreement and Performance Contractor agrees to perform and supply all the services and materials set forth in the Statement of Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on or before 30 days from contract signing. Contractor will perform as set forth above for the complete contract price of$ 13 962 50 Conditions and Covenants Contractor will comply with all laws, rules and regulations of the City, and any other local government of the State of Michigan and the United States Government. Contractor will supply insurance as required by separate written document, naming the City as an additional insured, if appropriate, and shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the City harmless against any and all claims for damages or costs made against the City arising from Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of any damage determined against the City. Contractor certifies that it is eligible for performance of government work and has not been cited or listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of Michigan or the Federal Government. Termination and Cancellation This contract may be terminated for failure to perform in accordance herewith, and Contractor shall be liable for normal contractual remedies available to the City. In the event liquidated damages for nonperformance age agreed to, the following amounts constitute liquidated damages: $ NiA per day of nonperformance. Nondiscrimination Compliance Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the City, State and Federal Governments including, but not limited to, the provisions of Executive Order 11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and for Handicapped Workers. If required by the City and appropriate for the services in this contract, C:\M:y Documents\Agreement for Small projects A .doc Contractor shall comply with City oversight procedures. The provisions of all said policies, rules, executive orders and laws regarding nondiscrimination and affirmative action are available from the City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon, Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion. The parties agree to performance of this contract by signing below. The effective date of this agreement is _______ , 20_ Witnesses: rJ~d"t.(,J A-I 5erv:w Contractor: By ~J-l~aJui L,,, d0t l orff/' C:\My Documents\Agreement for Small projects A .doc Contract Between City of Muskegon And Northern A-1 Services STATEMENT OF WORK Your contract description (see sample below) Remove and dispose of two Underground storage tanks, piping and dispensers as described in the attached bid specifications. Initials: /1).~ ..B Contractor: Jo~k.~rJ A-I Y( J, le..S -Z::/ ~ City:,~ · -~¼?- '(Your name) ~-- Contract for service and construction for small and limited projects. This form would generally be used for projects under $20,000, informally bid or solicited, where no performance bond is being required. Generally such projects will involve repair and maintenance, one-time services. C:\My Documents\Agreement for Small projects A .doc BID SPECIFICATIONS FOR THE REMOVAL AND DISPOSAL OF I UNDERGROUND STORAGE TANK.SYSTEM CITY OF MUSKEGON, DEPARTMENT OF PUBLIC WORKS (OWNER) HACKLEY A VENUE FIRE BARN I 906 WEST HACKLEY AVENUE MUSKEGON, MICIDGAN I The Contractor shall furnish all supervision, labor, materials, tools, equipment, and transportation facilities necessary to perform removal of two (2) underground storage tanks (US T's) and associated product line piping, fill piping, vent piping, dispensers and related work at the Owner's Hackley Avenue Fire Barn (Site) located at [ 906 West Hackley Avenue, Muskegon, Michigan (see Figure #1- Site Location Map). The location of the UST system, system layout and detail is shown on Figure #2 - Site Plan with UST Piping and Dispenser Locations. The Site Plans are provided in Appendix A. Work shall be as specified herein and indicated on Figure #2. General l. The materials and methods for the work specified herein and indicated on Figure #2 shall be in accordance with current local, State, and Federal regulations for the type of work involved and those specifically stated herein. 2. The Consultant (Superior Environmental Corp.) will perform project supervision and site assessment I sampling during the UST removal activities to assure that the construction activities and site assessment sampling is acceptable to the Owner. Scope of Work l. The Contractor shall remove and dispose of designated dispensers, piping and tanks. The Contractor I shall salvage all in-tank equipment (piping, submersible pumps, leak detection components, cathodic wiring, etc.) and aboveground equipment (dispensers, card reader, fill pipe, vent pipe, fill covers, etc.). Salvaged items shall be placed on the Site where designated at the time ofremoval, for subsequent I disposal by the Contractor. 2. The Contractor shall excavate and remove the following existing UST's: One (1) 15,000 gallon I fiberglass diesel fuel UST and one (1) 15,000 gallon unleaded gasoline UST. The Contractor shall arrange for the removal and proper disposal of the residual diesel and gasoline contents from the UST's and piping. Contractor shall place residual tank bottom waste, solids and sludge's into Contractor- I provided containers (55 gallon steel drums) for later disposal by the Contractor. The Contractor shall demolish, remove and disposal of the concrete slab located over the UST's. The Contractor shall then excavate and remove the UST's, fill piping, the vent piping, and the below ground product piping of the UST systems as designated by the Owner. I 3. The Owner assumes that there is no release from the UST's, therefore the soil from the UST excavation is assumed to be non-impacted, and willbe stockpiled for later use as backfill. The soil near the fill pipes, vent pipes, and the below ground product piping of the UST systems are assumed to be non- impacted. The Contractor shall excavate and stockpile the designated soil, and remove and dispose of the miscellaneous debris as indicated on Figure #2. Page 6, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002 4. The Contractor shall backfill the UST excavations and piping excavation areas with environmentally clean granular fill. The Contractor shall backfill the excavations, first with stockpiled non-impacted soil, and the remaining excavation volume with environmentally clean granular fill as specified herein, and complete related work as shown on Figure #2. Backfill placed in the excavations shall be compacted to a minimum of95% compaction as specified herein. The Contractor shall complete related work as specified herein. The Contactor shall provide compaction-testing services with the results forwarded to the Consultant at the completion of the work activities. The Contractor shall provide to the compaction- testing service a proctor of the clean granular fill to be used, prior to the start of work activities. 5. The Contractor shall be responsible for notifying MISS DIG at least one (1) week prior to the start of the work activities to have the site staked for underground utilities. The Contractor shall also protect all existing utilities near the excavation areas designated on Figure #2. If it is necessary to remove utilities to complete the required work, to do so only after rerouting them. It is the Contractors responsibility to repair or replace any damaged utilities after excavation and work activities are completed. Schedule of Work 1. The Contractor will be required to submit a work schedule or sequence to the Consultant and the Owner to plan the work activities and oversight staffing accordingly. 2. It is expected that once the work has started, the Contractor shall continue working until all the work is completed, and all work will be completed in accordance with the schedule and/or sequence. Existing Utilities 1. Prior to beginning excavation, the Contractor shall verify the locations of the existing utilities identified on Figure #2. 2. The Contractor shall protect all existing utilities near the excavation areas designated on Figure #2. Replace damaged utilities after excavation activities are completed as specified below. 3. If it is found necessary to remove and replace the existing utilities in the excavation areas, all work shall be performed in accordance with the appropriate Sections 5.13.01 through 5.13.12 of the Michigan Department of Transportation (MDOT) 1990 Standard Specifications for Construction. 4. Utility excavation and backfilling shall be performed in accordance with Sections 5.13.03 and 5.13.08 of the MDOT 1990 Standard Specifications for Construction. 5. During site activities, care should be taken to protect any adjacent building(s) or structures. Tank Contents 1. Residual tank and associated piping contents, including rinse by-products, shall be removed and disposed ofby the Contractor. The Contractor shall place residual tank bottom waste, solids and sludge's into Contractor-provided containers (55 gallon steel drums) for later disposal by the Contractor. The Owner and/or Consultant shall be available to sign all required manifests documenting the disposal of the materials. Page 7, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002 0 Excavation/UST Removal 1. The Contractor shall be responsible for locating UST's and piping, obtaining all field measurements, setting of stakes for grade and verifying to their satisfaction the existing grades and dimensions indicated on Figure #2. The Contractor shall verify grades with the Owner prior to starting excavation. 2. During excavation procedures and UST removals, the Contractor's employees shall wear and use appropriate protective clothing and equipment in accordance with Federal, State, and local laws and regulations. g 3. The Contractor shall immediately notify the Consultant and/or Owner of unexpected subsurface conditions and discontinue work in the affected area until notified by the Consultant and/or Owner to resume work. 4. Excavations shall be sufficiently wide to enable observation of the excavation and collection of soil g samples by the Consultant for testing. 5. Maximum excavation limits shall be as indicated on Figure #2. The excavation limits may be reduced if field conditions warrant a smaller excavation. 6. For the existing UST's and related piping, excavate non-impacted soil only to the extent necessary to remove the UST's and piping, and stockpile soils for later backfilling. 7. The Consultant shall have responsibility to provide all required notifications to the MDEQ-STD and/or local agencies. 8. The Contractor shall make appropriate safe side slopes during excavation to comply with existing MI OSHA regulations. I 9. The Contractor shall excavate and remove the fill piping, spill containers, vent piping, and product piping associated with the UST systems. I: JO. The excavated tanks shall be removed and properly disposed of off the Owner's Site. The Contractor shall scrap the tanks and state on a Contractor-provided document the final disposition of the tanks. The Contractor shall purge, decontaminate, and cut up the tanks on-site, in accordance with State and Federal regulations. 11. The existing piping runs and fill pipes must be removed with care, so that all underground piping can be inspected before removal from the ground. Ground Water 1. It is anticipated that ground water will not be encountered during the tank removal activities. Backfill 1. Excavate and remove UST systems and related piping, and then backfill excavation(s) with stockpiled non-impacted soil and environmentally clean granular fill, after site assessment samples have been collected, and backfill as authorized by the Consultant. g Page 8, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002 2. The Contractor shall backfill the tank excavations to the limits indicated on Figure #2, or specified herein. 3. All backfill material required to bring the sub grade to the proper elevations shall meet the requirements of the following paragraphs and placed in maximum twelve (12) inch compacted layers. 4. The Contractor shall compact the sub grade to a minimum of 95% of the maximum dry density as determined by on-site compaction testing (Modified Proctor Test• Michigan Cone). Contractor shall provide for compaction testing during the backfilling activities and provide the compaction testing I results to the Consultant upon completion of the work. 5. Backfill obtained from an off-site source shall consist of environmentally clean granular fill material meeting the gradation requirements of Class II MDOT 1990 Standard Specifications for Construction, Section 8.02, and placed in accordance with Section 2.11. 6. The backfill shall be free of topsoil or other debris. 7. Compaction shall he accomplished by any satisfactory method or methods that will obtain the required density. 8. All adjustments of elevation of adjacent surfaces shall be included as part of the backfill. 9. Contractor shall provide a six-inch (minimum) layer of 22A stone, gravel or crushed limestone (or other MDOT equivalent) to finish off the surface of the excavation areas within the driveway and parking areas and/or in areas as directed by the Consultant and Owner. 10. Topsoil, grass seed and mulch will be provided and applied by the Contractor over the areas where the existing turf has been removed or damaged. The Contractor shall ensure that the new turf is established and shall warranty the growth of the new turf for one year following the completion of the work. Health and Safety l. Contractor shall provide a copy of the Contractor's Health and Safety Plan (site specific) to the Consultant for review at least two weeks prior to the start of work activities. Contractor will also certify compliance with all provisions and requirements in 29 CFR 1910.120. Contractor will provide a copy of Contractor's Drug/Alcohol Free Workplace Policy to the Consultant. 2. Due to the nature of Site operations, no smoking will be permitted in the work areas. Miscellaneous 1. The Contractor shall schedule and coordinate the work activities with the Owner and the Consultant. 2. All work shall be performed in an expedient manner to prevent delays. 3. The Contractor shall provide and maintain all required signs, barricades, and other safety devices required to direct traffic and to prevent accidents. 4. The Contractor shall exercise extreme care to prevent damage to existing utilities and facilities not designated to be removed. I Page 9, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002 I 5. The Contractor shall be responsible for any cost or expenses associated with the damage of existing utilities and facilities caused by their carelessness. I 6. At the close of the job, the Contractor shall remove all debris created by them during the course of the work, and shall leave the job site clean and clear to the satisfaction of the Consultant and Owner. I Codes and Permits I 1. All work shall comply with all requirements of all legally constituted authorities having jurisdiction over any part of the work. Code requirements supplement these specifications and shall take precedence in case of conflict. I 2. The Contractor shall obtain all required permits for the work, and pay all fees for said permits. I 3. The Contractor shall arrange all required inspections, and pay all inspection fees for the project as required by authorities having jurisdiction. The Contractor shall provide the Owner documentation indicating compliance with this requirement. I I I I I I I I I I I 1111 Ill ~- I ~ -lDI I [II - - FIGURE 1 • SITE LOCATION WITH LOCAL TOPOGRAPHY • 960 WEST HACKLEY AVE Section: 36, QUADRANGLE LOCATION Town: 10 North, Range: 17 West, -II City of Muskegon, Muskegon County, Michigan 0 2000 feet 4000 ~erfor Adapted from 7.5 minute topographic quadrangle: ENVIRONMENTAL CORP tvl11ske,non West. 1980. FAX Grand Rapids Office 112 8 Franklin Street Mame, MI 49435 Phone: 616-667-4000 Fax: 616-667-3666 Date: 9/12/02 Project #:GR2408.00 To: Perry Sietsema Company: Rohr Gasoline Equipment Fax#: 616-722-4188 From: Gregg Gallagher Number of pages: (including cover) 1 Remarks: Re: Hackley Ave. Fire Barn Project/Addenda #2 Perry: As discussed during the pre-bid meeting of 9/10/02, this fax shall serve as Addenda #2 to the Proposal/Bid Specifications for the above referenced project. The following information shall be included as part of your bid; 1. Upon entering into a contact with the City of Muskegon (City), the winning Contractor shall provide the City with a Certificate of Liability Insurance naming the City as a Certificate Holder or "additional insured". The Contractor's Ce1tificate of Liability Insurance shall provide the coverage's required by the City as indicated in Addendum #1 as well as Contractor Pollution Liability insurance with minimum limits of$1,000,000.00 per claim and $1,000,000.00 aggregate. Failure to provide the City with the required insurance coverage's shall result in the Contractor being disqualified and the work awarded to the next valid bidder. 2. The bid due date time has been changed from 5:00 pm, September 19, 2002 to 2:00 pm, September 19, 2002. Any bids received after this time will be disqualified and returned unopened. Please acknowledge receipt of this addenda on the space indicated on the Proposal Form PF-!. Please contact me at (616) 667-3620 with any questions you may have. Thanks Gregg Gallagher DRAFT CONFIDENTIALITY NOTICE: The documents accompanying this fax transmission contain confidential information, belonging to the Sender, which is legally privileged. The information is intended only for the use of the individual or entity referenced above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this faxed information is strictly prohibited. If you have received this fax in error, please, immediately notify us at the above toll-free number to arrange for the return of the original document to us. superior® ~ ~ ~ ~ ~ ~ ~ \ J . - . . , ' - - . A . A ...AJV\..A.,~ ENVIRONMENTAL CORP ADDENDUM 1 1. INSURANCE AND INDEMNITY a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor and Subcontractors agree to defend, pay in behalf of, indemnify, and hold harmless the City of Muskegon, their elected and appointed officials, employees, volunteers, and others working on behalf of the CITY OF MUSKEGON against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the CITY OF MUSKEGON and their elected and appointed officials, employees, volunteers, or others working on behalf of the CITY OF MUSKEGON by reason of personal injury, including bodily injury and death, property damage, including loss of use thereof, and/or the effects of or release of toxic and/or hazardous material which arises out of or is any way connected or associated with this contract. The obligation to defend and hold harmless extends to Contractor's employees, agents, subcontractors, assigns and successors. b. Contractor Insurance Requirement. Contractor and Subcontractors shall not commence work under this contract until obtaining the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to the CITY OF MUSKEGON. ' c. Workers' Compensation Insurance. The Contractor and Subcontractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable Statutes of the State of Michigan. d. Commercial General Liability Insurance. The Contractor shall procure and maintain during the life of this contract, commercial general Liability Insurance on an "Occurrence Basis" with limits of liability not less than $500,000 per occurrence and/or aggregate combined single limit. Personal Injury, Bodily Injury and Property Damage coverages shall be included. Coverage shall also include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) lndepende~t Contractors Coverage; (D) Broad Form Liability Extensions or equivalent; (E) Deletion of all explosion, collapse and underground (SCU) exclusions\ if applicable. The said insurance shall cover liability caused by the activities of any subcontractor. : ·: e. Motor Vehicle Liability. The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, with limits of liability for third party claims of not less than $500,000 per occurrence or combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. The said insurance shall cover liability caused by the activities of any subcontractor. INSURANCE AND INDEMNITY - continued f. Additional Insured. Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following shall be "Additional Insureds" using the following language: "The CITY OF MUSKEGON and all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof are hereby added as 'Additional Insureds"'. g. Cancellation Notice. Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT". h. Owner's and Contractor's Protective Liability. The Contractor shall procure and maintain during the life of this contract Owner's and Contractor's Protective Liability with limits of liability not less than $500,900 per occurrence and/or aggregate, combined single limit. Personal injury, Bodily injury and Property Damage coverages shall be included. The CITY OF MUSKEGON shall be "Named Insured" on this coverage. Thirty (30) days notice of cancellation to the CITY OF MUSKEGON shall be required. Said insurance shall cover liability caused by the activities of any subcontractor(s) either by means of a rider attached to the Prime Contractor's Certificate of Insurance indicating this coverage for subcontractors; or the subcontractor(s) shall submit their own Certificate of Insurance. i. Proof of Insurance Coverage. The Contractor and Subcontractors shall provide the CITY OF MUSKEGON at the time the contracts are returned by him for execution, certificates and policies endorsing the City of Muskegon as additional insured as listed below: (1.) Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance; (2.) Two (2) copies of Certificate of Insurance for Commercial ! General Liability Insurance; (3.) Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; (4.) Original Policy, or original Binder pending issuance of policy, for Owner's and Contractor's Protective Liability Insurance; (5.) If so requested, Certified Copies of all policies mentioned above will be furnished. ' ' j. If any of the above coverages expire during the term of this contract,theContractor and Subcontractors shall deliver renewal certificates and/or policies to CITY OF MUSKEGON at least ten (10) days prior to the expiration date. BID BOND A bid bond amounting to 5% of the bid price, by certifies check shall be included with each proposal. Unsuccessful bidders will have bonds returned with bid results. PROJECT COMPLETION It is anticipated that this project will be completed by November 29, 2002. Commission Meeting Date: October 8, 2002 Date: September 30, 2002 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ufbu RE: Public Hearing for Resolution for Development District On- Premise Liquor License for Peter C. Johnson SUMMARY OF REQUEST: To hold a public hearing on the request for a Development District On-Premise Liquor License for Peter C. Johnson and approve the attached resolution. The request is necessary due to a lack of available liquor licenses in the City of Muskegon. The Liquor Control Code allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. FINANCIAL IMPACT: Approval of the liquor license will allow for a new restaurant in the downtown area of Muskegon, which will ultimately result in increased revenue for the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold a public hearing and approve the attached resolution. COMMITTEE RECOMMENDATION: The Downtown Development Authority approved the request at their special meeting on September 30, 2002, 9/30/2002 Commission Meeting Date: October 8, 2002 Date: September 30, 2002 To: Honorable Mayor and City Commissioners From: Planning & Economic Development (,)bu RE: Public Hearing for Resolution for Development District On- Premise Liquor License for Peter C. Johnson SUMMARY OF REQUEST: To hold a public hearing on the request for a Development District On-Premise Liquor License for Peter C. Johnson and approve the attached resolution. The request is necessary due to a lack of available liquor licenses in the City of Muskegon. The Liquor Control Code allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. FINANCIAL IMPACT: Approval of the liquor license will allow for a new restaurant in the downtown area of Muskegon, which will ultimately result in increased revenue for the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold a public hearing and approve the attached resolution. COMMITTEE RECOMMENDATION: The Downtown Development Authority approved the request at their special meeting on September 30, 2002, 9/30/2002 CITY OF MUSKEGON MUSKEGON COUNTY, MICIDGAN RESOLUTION NO. 2002-113 (a) A resohition concerning the issuance of a Development District On-Premise Liquor License .. ..., pursuant to Sections 521 of the Liquor Control Code of 1998. The City Commission of the City of Muskegon hereby RESOLVES: Recitals 1. Peter Johnson has applied for a Development District On-Premise Liquor License for the premises at 441 W. Weste venue, formerly known as the Brunswick Building. 2. o Development Authority and the City Commission · ense before application may be made to the Michigan 3. tember 30, 2002, at a special meeting of the DDA, and the said hearing was publicl n · ed in The Muskegon Chronicle, and mailed to the neighborhood ass ci i n involved, as well as the applicant. Public notice was dete1mined by the to be sufficient. 4. ctober 8, 2002, at the regular meeting of the City Commission. Notice and deemed tI factory. · The DDA found the following facts to be true, based upon the application and the materials placed before the DDA in the public hearing: 1. The business.§hail be a full service restaurant, which prepares food on the premises, and /hall be open to the public. 2. The business will be open for food service not less than ten (10) hours per day five (5) days per week. 3. At least 50% of the gross receipts of the business will be derived from the sale of food for consumption on the premises. "Food" does not include beer or wine. 4. The business has dining facilities that will seat more than twenty-five (25) persons. 5. The business is located in the Downtown Development Authority's Development District, which has a population ofless than 50,000. The District is duly established under 1975 PA .197. ··, 2002:.113(a) 6. The DDA, after hearing, has found that the issuance of the license will prevent further deterioration within the Development District and will promote economic growth within the Development District. 7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued all appropriate on-premise licenses that are available under Section 531(1) of the Liquor Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate on-premise escrowed license is not readily available in the City of Muskegon, where the entire De_v elopment District is located. The DDA has found that such license is not readily available, taking into account all appropriate economic feasibility factors, including the fair market value of any such license, which is not determinable, for the reason that no such license is available after diligent inquiry by the applicant. Further, the DDA has considered the size and scope of the proposed operation and applicant's efforts to purchase a license. No sale of any such license has been offered or available. 8. The DDA, after public hearing, held aftel ~otice on September 30, 2002, has approved the issuance of the said Development Di trict On-Premise license. NOW, THEREFORE, THE CITY COMMISSI N RESOLVES: The City Commission has reviewed th findings o wn hearing, and concurs with the findings of the D wnto evelopment Authority, a d approved in concunence with the Authority that the · ense should be issued to the appl cant at 441 W. Western A venue, the premises formerly known as the Brunswick Build ng. The City Commission recommends to the Liquor Control Commission the issuance f the said requested license. This resolution passed. Ayes Gawron, Larson. Schweifler. Shepherd, Spataro, Warmington, Buie Nays None CITY OF MUSKEGON By l)cw_ f2 ~L,_J"' , Gail A. Kundinger, MMC City Clerk CE IFICATE This resolution was adopted at a eeting of the City Commission, held on October 8, 2002. The meeting was properly held d noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Pu ic Acts of 1976. CITY OF MUSKEGON ~:ilk~is~,,~ il Clerk .·,r:.. CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY MUSKEGON COUNTY, MICIDGAN RESOLUT, ON NO. --- A resolution approving the issuance b the Liquor Control Commission of a Downtown Development On-Premise Liquor L · ense to Peter Johnson pursuant to Sections 521 of the Liquor Control Code of 1998. The DDA hereby RESOLVES: Recitals 1. Peter Johnson has appl' d for a Class C license for the premises at 441 W. Western A venue, formerly kno n as the Brunswick Building. 2. It is required that the Downtown Development Authorit d the City Commission approve the issuance of such license before application ma be made to the Michigan Liquor Control Commission. 3. A hearing was held on September 30, 2002, at a special m eting of the DDA, and the said hearing was publicly noticed in The Muskegon Chronicle and mailed to the neighborhood association involved, as well as the applic t. Public notice was determined by the DDA to be sufficient. Findings The DDA finds the following facts to be true, based upon t e application and the materials placed before the DDA in the public hearing: 1. The business shall be a full service restaurant, w ch prepares food on the premises, and shall be open to the public. 2. The business will be open for food service not le s than ten (10) hours per day five (5) days per week. 3. At least 50% of the gross receipts of the business consumption on the premises. "Food" does not inclu er and wine. 4. The business has dining facilities and will seat more than twenty-five (25) persons. 5. · The business is located in the Downtown Development Authority' s Development District, which has a population less than 50,000. The District is duly established under 1975 PA 197. . 6. The DDA, after hearing, has found that the issuance of the license will prevent further deterioration within the Development District and will promote economic growth within the Development District. 7. It appears, based upon the showings at e hearing, that the City of Muskegon has issued all appropriate on-premise licenses tha are available under Section 531 ( 1) of the Liquor Control Code of 1998. Further, the D A is satisfied, after hearing, that an appropriate on-premise escrowed license is not r adily available in the City of Muskegon, where the entire Development District is loca ed. The DDA has found that such license is not readily available taking into acco t all appropriate economic feasibility factors, including the fair market value o any such license, which is not determinable for the reason that no such license is av Hable after diligent inquiry by the applicant. Further, the DDA has considered the siz and scope of the proposed operation and the applicant's efforts to purchase a license. N sale of any such license has been offered or available. NOW, THEREFORE, THE DDA HERE 1. That the applicant, Peter Johnson, has presented at public he before the DDA substantial evidence supporting the above findings. 2. The DDA, therefore, approves the issuance of a Development Di trict On-Premise Liquor License pursuant to Section 521 of the Liquor Control Code of 1 98 to Peter Johnson at the specific location of 441 W. Western Avenue, Muskegon, M" higan, formerly known as the Brunswick Building. This resolution passed. Ayes B. Bifoss E. Fethke K. Cier ial R-.;: Ta lor, T) D. Medendorp, K. Jackson, . M. Plichta, B. Mazade. Nays None. CERTIFICATE This resolution was adopted at a meeting of the ~ 4 ntown Development Authority, held on September 30, 2002, after public hearing. The meet~"~as properly held and noticed pursuant to public notice and held in accordance with t e Open Meetings Act of the State of Michigan Act 267 of the Public Acts of 1976. MUSKEGON WN DEVELOPMENT AUTHORITY Secretary <··,'.:.'_.-·,. :,11.,Jit"rtieMf~i:.i~d8 H~AA1~&f;·· !'i":ilil!i!,©iit'i"oi" Mli'kMoN' .. . , STATE OF MICHIGAN County of Muskegon ss. ·. t~hl':ci!"l:iiij1J@iflic/1fJsit ·:f.,1;tAM ~t~~t~~~?~:·i'6i1. . .• . 1 ·• ------=G,.,a,._,.rr Ostrom being duly sworn deposes f,J~i.t~fNiiJi~.~i~RTL . ,;,;THE BRUNSWICKBUILDING . and says that he is the Publisher of the MUSKEGON CHRONICLE, a c·•'"'!>1.l w, Wl'!$fei'1NAVENLiE'/: ,·· newspaper printed and circulated within said County of Muskegon; that the tro All 11¢r~RES~o ptRSoNs . iNTRfiolt\foF MIJSKEG•N::.' annexed notice was printed ~nd , published in said MUSKEGON .•. PLEASE TAKE HoflcE that two . Jiub)ic' ~eatiags, are ,sthedule«.•to' CHRONI u ,is to say, on ,det~rip\Hii. \,'i~ethJt; .\he ; ¢ify !it the Cl'f, IJUA < day(sl · CJ !;;;f II'. UIJ<J K.(UIJ 200 .-'and J :r~~llii\ff ·• i&l l~!ijit1~~ii!~l1. i>rerniS!!§) lltjlior' nM~~ .for. a I I the _ _ _ _ _ _ _ _ _ day(sl of _ _ _ _ _ _ _ _ _ 200_, and that said publication was continued during said time without any lesfaUranU6 be 166~\ed at ihe i6r, . . rnerBiiJnsWicii Buiidi~/j a!ihe ajjplie · intermission or omission, and that he has a personal knowledge of the facts ~ddisk in ihe dify tii Muskegoh . .The ~eiaiin~sJr.i s/:h~dui~it: · · ...·. above set forth. ' Betel~ tn~ boWnioW~ D~l6 nlenl. Authotft)'.on.~~/,ieriib~iaii, 2go2 at ~ p,rn. irl i~sJJ6ril;ifilrjcs.iioqm 11J:i, f/vluilfie1/~ri tlfy Han;.·. ilss tlirracii Ci'llr~i1,Muskegoh, Jv\149440. ·· • .· · /-6i4G<~~ ltcity &~ot:;~~i ~t~~(:tI;t!~?tR i~:• ::comirilssiMf .. chambers, · J,,11ls!i~g6/i pliy Haili' g33 Terrace · s~~I, MGsRl,/idri, Mi 49440: .. •, · .Afiy coinin@hts may be made atthe . of . ~ f' 'Efi,_ , .. r {J,1.Li:£ Jt ~rm• m• '"", ,r)'\.D. 200 \ qi 3A.t:l d ay , ... hearing or by mail. receiv~d pnodo , .Iii~ iiJafii/9\ t'\ ; ,T:'i · . · · · PUBLl!,H: $eµlem~i 2:i, 2602 Notary Public, Muskegon County, Mich. ."! Printer's fees: "nches times,$ IAlffll! 8QWJ1 ll6'ffl#'P11119$&U , - J&Moo,; Ill l # f ~ l!XP!Re!Jmi f7, - 749 Moulton Ave. N. Muskegon, MI. 49445 PCJ Enterprises, LLC September 20, 2002 To whom it may concern, The purpose of this letter is to inform the Downtown Development Authority (DDA) and subsequently, the City of Muskegon, that I will be making a presentation to request a State of Michigan issued DDA liquor license. The liquor license is being requested for the property located at 441 W. Western Ave. formerly known as the Brunswick Bowling Lanes. PCJ Enterprises, LLC acquired clear title and ownership to the above mentioned property in late August of 2002 and is planning to redevelop the property into a large entertainment based venue in the next nine to eighteen months. In order for the Michigan Liquor Control Commission to implement the licensing investigation process, compiled laws, conditions, and documents must be reviewed and received by the DDA. All the details on these laws and conditions will be discussed at the next scheduled DDA meeting. I am looking forward to meeting with you and discussing this exciting project for downtown Muskegon. Sincerely, Peter C. Johnson President -- -- - """ community foundation Muskegon County 425 W. Western Ave. Suite 200 Muskegon, MI September 23, 2002 49440.1101 Ph. 231.722.4538 Fax 231.722.4616 Liquor Control Commission 7150 Harris Drive info@cffinc.org Lansing, MI 48909 www.cffmc.org Dear Sir or Madam: Board.of Trustees James M. Sheridan Re: Support for PCJ Enterprises Application Chair Michael H. Bozym, Ph.D. On behalf of the Community Foundation/or Muskegon County and the Vice Cbair Frauenthal Center for the Performing Arts, I write to support the approval of a Pa1ricia B. Johnson Development District On-Premises Liquor License to PCJ Enterprises for use in Vice Cbair the former Brunswick Bowling Alley on W. Western A venue. Peter Johnson and Scott A. Musselman his business partner Roby Thrasher now are neighbors of our facility. Treasurer Chris A. McGuigan President/Secretmy Their plans for a new use in the Brunswick facility will greatly enhance this district's efforts to become tM_arts and entertainment venue for the community. Tim Achterhoff We strongly support the approval of this application for a Development District B. Dennis Albrechtsen On-Premises Liquor License through the City's Downtown Development David C. Bliss Authority. Lowell B. Dana Sincerely, . Barbara L. DeBruyn Holly J. Hughes Donald L. Huizenga Michael K. Olthoff Chris A. McGuigan President Hon. Gregory C. Pittman Rev. Charles W. Poole \\cfmc0 l \data\executive office\correspondence\support letters\20021iquorlicense.doc Bruce C. Rice Wm. Schroeder, Jr. Ph.D. B.C. Thompson Peter M. Turner Sue Wierenga Judith L. Wilcox John Workman For good. For eveir.- Affirmative Action (231 )724-6703' FAX: (231)722al214 Assessor/Equalization (231)724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6703 FAX: (231)726-5617 City Manager (231)724-6724 West Michigan's Sltoreline City FAX: (231)722-1214 Civil Service September 24, 2002 (231)724-6716 FAX: {231)724-4405 Clerk (231)724-6705 FAX: (231)724-4178 Ms. Lisa Shannahan Community and Michigan Liquor Control Commission Neigh. Services 7150 Harris Drive (231)724-6717 FAX: (231)726-2501 P.O. Box 30005 Computer Info. Lansing, MI 48909-7505 Systems {231)724-6744 FAX: (231)722-4301 Dear Ms. Shannahan: Engineering Dept, (231)724-6707 As you may know, anew restaurant is in the planning process on Western Avenue in the FAX: (231)727-6904 former Brunswick Building in the city of Muskegon. Mr. Peter Johnson, the new owner Finance Dept. of the property plans constmction of a restaurant and entertainment venue in the building. (231)724-6713 FAX: (231)724-6768 He will be submitting an application for a Development District On-Premise Liquor License. Fire Department (231)724-6792 FAX: (231)724-6985 As Mayor of Muskegon, I want to add my full endorsement to Mr. Johnson's application. Income Tall: The opening of this restaurant will serve as a catalyst for further development in (231)724-6770 FAX: (231)724-6768 downtown Muskegon. The building in which the restaurant will be developed is in a former bowling lanes located in the heart of our newly emerging entertainment district, Inspection Services (231)724-6715 which will be a showcase establishment utilizing an obsolete, empty building. It's FAX: (231)728-4371 location near the historic Frauehthal Theater and newly renovated residential Amazon Leisure Services Building, is prime for redevelopment and certain to spur the further renaissance of the (231)724-6704 area. FAX: (231)724-1196 Mayor's Office (231)724-6701 The City is excitedly anticipating the grand opening of this new entertainment venue in FAX: (231)722-1214 the near future. Anything that you can do to help expedite the issuance of the liquor Phmning/Zonlng license would be greatly appreciated. Q (231 )724-6702 FAX: (231)724-6790 Police Deptartment ~.Sincerely, (231)724-6750 FAX: (231)722-5140 . '_Q z~ ::::::--:m Public Works Dept. (231)724-4100 Stephen J. Warmington FAX: (231)722-4188 Mayor Treasurer's Office City of Muskegon (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. !lox 536, Muskegon, MI 49443-0536 1 MUSKEGON Area Chamber of Commerce October 10, 2002 Ms. Lisa Shannahan Michigan Liquor Control Commission 7150 Harris Drive PO Box 30005 Lansing, MI 48909°.7505 Dear Ms. Shannahan, (}§ As you may !mow, a new restaurant is in the construction process in the formJl, Brunswick building in downtown Muskegon. Mr. Hoby Thrasher and Mr. Peti'f':J~hnson, the owners of the proposed restaurant, have submitted an al?l?}.i,pation for a Dev;1tf~~ment District On-Premise Liquor License. I understand this appfrcatil.)n is now undei;/"1 construction by the Liquor Commission. C< /: ' ' 1 -\-ti/pfff:i':> , ' /)i As President of the Muskegon Area Chamberf!tc:ltJWW@fCe, I want to add my frtll endorsement to the application. Both gentl~µren i\ferWe\J known restaurateurs our th community. Mr. Hoby Thrasher was ~~e,i~ciije~f'of our 2001 Entrepreneur Award. Both Mr. Thrasher and Mr. Johnsq,Wat~lM:g@~'.fegarded our business community. The Chamber is excitedly ll\lticipJtiit~fo;ening of1:his new restaurant. It will be a wonderful addition to <J~f''.gr~tj11g ~nd prosperous do•wn.1to¼'ll area. Anything you can do to help expedite the is{ifaj],qe'qffhe liquor licem;e \JWi~(~1ii;;~tly appreciated. -:/: -')Zf~!~:JJ? 900 lhird Slreel '" Suife 200 • P.O. Box 1087 •• A\uskegon, A\ichigon 49443-10B7 Phone (231) 722-3751 " fAX (231) 728-7251 " Emoil mocc@muskegon.org " Website www.muskegon.org I . r.:r0D RL... ...,; , __ I .,o~J\ RECEIVED . a \,ul \ii.: MUSK•""" Sept;.GUU 191 20()1 crl"'I MAIi"AQ"'f"'\"S .,. •• o!ff\Cl! l!liJJ&IIXll'a@!M IC/lXlf IIIAIIAGll!lfl Cffl!lffl Thi,ll is ilmfclCllation rslative to the new type of on pradsu lic:m111e a9atael l:)y .!\,Ct No. 440 of tll.a Public Acts of l:996 1 being 111ec:timu 1!5:al elf the Mirehlgl:Lll'l Lic;pllor Control Cede of J.998, l:lleing Ma. ~3,, 1s:.1 (1) (fomerly lm<OWn az (:J:~a) Section 4:315.17k(l). 4::l lli. lS2l {l) of 'tlltl Miclllligan C:omplisd I.a.Will provides that ill lllddi tion tc on pr-i,:i;<as qucb lic<an.1Sl8llil and on prEllllliaras rssort licilUISelil , th<il Cc>m111issi0n llli!I.Y iz:::1u<11 not 'lllora trum so 're.Ye= or Cla,ae c lievAlitil to per.110M operating c®rt.i..in quali!y:l.llbg bu~il!!.es111e~ lecabilt\l in devralopmrant districts. nev~opmemt districts arlfl defined in Bubsisction (6) (a) of sectiotrn 43~.1321 of the Michigan Ccmpil•d La.mil as follows: ", • • (i) An a.uthcrity district esbblilllh.ad under the tax incr.-ent fin!llllce authority act, Act Ne. 450 of the JM!olic Acts of l!HIO, Jo,1dng sections l2.5, lSO:l. to 125.1830 of the Hicllli9an Compiled La.will. ~ (iil an authority district . establi.ehed under i:3!.s locu dlwelopmant .financing act, Act Ne. JSl of tbs PUl:llic Act:11 o:f 1986, being section 125.2151 tc l.25.2174 cf the Michigan Ccmipiled Laws. " \,/(iii) A downtollln district established under Act No. 1517 of t.l:l.e PUblic Acts of 1975, being sections 125.1651 to l2Z.l581 of the Michigan Compiled Law. " · (ivJ A principml shopping district established under Act Ne. 120 o:f the. l!'lll:llie ActaJ o:f l961, being sections 1.:25, 981 tc l:l!S.987 of the Michigan cempiled. Laws, before Jaunua:ry 1, 199'6." '.rlle conditions that must be. met prior to ths issuance of a devalopment district licensa ccntained in subll!ection (l.) cf 436.1521 of the Michigan ccmpilad Laws ara as follows: ". , • (a) The business is a full service restaurant, is open to the public, Md prepa:rss food on the pramises.~ (b) The l:lusinees is open for focd ser.ics not l<lll:&ll\ than 10 hours par_ day, S days per week.ff h,.<Jl!i 2 S@p~er l!l, 300:l. ~<mlo~t Di:at::i,;t en !?rw:.ses i:.ic!IIWlll!lilll {s:) At J.,aa111t set cf tllum gx-0111111 d0r:l:w<ad fr~ t.."l• ti!iale ot feed fi:ir ~eumpt:ien ~eluding beer al!l.d wine.~ = :raceipt:3 cf the il:luineee ~ thlil prmisel!ll, (d} The busi:rnee,s hali!I tllinil!l11 :faciJ.11:i@e tc :maat net lem,s tmin :l!S persons. (Ii~ '!'he !ousilliers,ii1 is located in a dravelcp!nent district with m peool;;rt;ioo ef ;rn,m mm:'! tlW'I !9, 099 in vhidll the aut:hcll:':ity, iRK !I\ plie k@:rinq.. bas fcund tut the ismumnce of the liC$1lse 'llmuld prevent further detu-icraticn within the d<&v@lcpm11mt di.strict and pr01110ta e=mmic growth within t!!hilll d$1Y<Slopm@nt. distJ:ict. '.rh• COlmll.imlicn .ffl!h@ll M:S il!l;&ue the lic:Rllllsa unl.esa the lcca.l wut·ci gcv•ll:lUlent within which ~e author:i:ty is lcca:tad, after hell.ding a. public b.aaring, ]l)l!.:IIM!iil a r,asoJ.ution concurring in the :findin;r.v 0:f the authority. ( f) Tho11 . lousiness <:illllll!cnstrat:as tc the Colilllliseion 1:.hat. an escrowed J.ic11mslft i1:1 not rae.dill!' availalol:11 in any local 'I.mit of gC'll'®.:"l!!J!itent in which th:11 deveJ.cpmant district is located." Initial applications for 0111 prqise:. lioensu unciler the provisicna o:f 436,l5:J1(ll o:f th.- Michigan Compilecl Laws will be made to the d~velopment district wber$ the prop011ed business is to be locat~d and not to tha Liquor cont:roJ. c0l/illlli:11sion ot!iceis. Tb.mi Liquor Control Comdssion will net l!!lillintain li:stz of int®re:sted applicants nor :111.abm.it names of the applicants 1:0 the development districts for ccru!ideraticn. · :rn ordiar for the Liquor control ColBlllission to implement th.a li~sing investigation process for applications under the provisions c:f 43$,1521(1) of the Micb.iga111. COl!lplied Laws,· the following doCU!llents mwst be received.: (l) Writt..in v@rification t:.cm the · development. atltlllo:rity identi:f":fin~ the ~t$t~tciry pr,:,,riaicna ~n4er whioh it-"' <l>StaJblisb.w1d and c1a1rtitication that its population 1s not :more than 50,000, A copy o:f the notic'i!. ot pw:il.ic hearing held by the · developmen~ district. · (:3) A copy of written findings of the development district which istat.e that the iss1,1anoe of the license tc W ;,;.;plica;nt at s specific location would prevent further deterioration with.in the development district:. a.lid pro2110te economic growth. (4) A ''""f'lf o;f th• ll-<>tica cf pub1ic }>Qarill'iJ h•l.d. by the lceal lagislative bo:l.y. LCC Fax:517-322-6137 Seµ 19 '01 13:(6 P.03 l'llt;ill 3 !l<DJ?""'ll'iMlr 19, 2@01 ~ l ~ l l l l l l l t !!li:Lliu:i,:t LiC"'M@lll a. <:1cp~ cf th<!! r.mmclut:l.on pa.m1111ad by the. lccal laiiislati"N b0dlf which Cllncwr:a iA the. findings cf th• av.t.hoid.t.y fer is111wmca of a lic®irnM 1=9 99 appl}C'l'lt !It '!l GMifi19 lrmtign., 01nce t!willll<m d ~ t . s Utll! r®=ived, Liquor Control Colimi:u!ion lic~nW"' -~plication Md irult=c:tiol!U!l Will~· Uiled. ~ U;Q fcrlllllll iit!Plicul!: end th@ ew11t0111111ey licsn1il.ing proc:m111s will lblil illlpleiuntllld. 'l'his pr~lllllil will i=ludm r«BCeipt. of· :rcmc:011111endatien111 f:rcm l:ic'lth t:h@ local l<mgilill<11tive ~dy i\Ml the local law -,!oreG!Mmt agency. It is ilnpcrlant to nctill that. th® Li~cr cont:rcl C011lll!limi10n M'Jf i:,sue not lll.Cll:'l!il tho11n so 'fav<ern er Cl,u1111 c licensias in dw@lopaent dist:rictlll thrcuglh.cut. the Stat.a and a:ppliea:tions l!UllY Iba c0Jru11id~ by the Liquor ~nb:el Co-1ssicn wit:t.iout regard to the cl:'tl!Gr in which th@ applications are receivmil. prcvi.sions of 436-1521(4) of tb.1111 Midl.igan Compiled Ji'..a'lllll further Thllll prrm.iJM.t Uol11!1 issualll!~ of a Specially Dasigna:taa Ml!lll:"dlmlt llcen111e, a speci&l ly llll\llsi,;nlil.t®':il IDist:t-iloutor l.:l.canse or any otller liceru&<a that allffl>f~ the sal~ of alccholie liquor for coN1wnpti0n off th~ preaises. Act 440 of tha Pulolic Acts of 19915 :further mtpillllldecl the definitiollll. of a Brewpimb licaruss tc allow the lOeGr produced lilt tl:lls pr<e1111iill@lll to be sold for cons~ion off the pr:a:miae:11. 'rhe:r,afcra, the previsions of 436;1521(4) of the Michigan compiled! Laws prohihit the issuance of a Brewptlb license in conjunction with an on pr-ises lic;m.s* issued undl!lll:" this section 1521(1). Li<::GM$$ issued lllll'lder Ult\!! provisions cf 4:36.1521(1) of the Jll!iddgan ecmpil@d Laws lllll!.Y transfer ot.mer!lhip and! may ·t.:nnsrm:- J.ocation within the devell.opment district in which ··o:ri9i111ally issued. 'l'l:llil .sam@ =ndi tiorus IU'ld. procGdu:r~s Q~t.lined above will be a!P!Pl.icaJolG to a t:r=f1er location of licanses issued under 436,1521 o:f the Michigan Compiled. Laws within the develop:m,ent di.strict, If you have any furthar questions, pl.ease contact th@ Escrow/Quota unit of th~ Licensing Division at (517)-322-1400. A: \DEVDLIC:! • Bl.7 436.1519 ALCOHOLIC BEVERAGES I ' P.A.1952, No. 150, § I. P.A.1980, No. 6, § I. P.A.1955, No. 42, § I. P.A.1980, No. 185, § I. P.A..1955, No. 126, § l. P.A.1980, Na. 302, § l. •. P.A.1957, No. 275, § l. P.A.l 981, No. 187, § l. P.A.1960, No. 151, § I. P.A.! 983, No. 21, § I. P.A.1962, No. 35, § l. P.A.! 983, No. 81, § l. P.A.1964, No. 172, § I. P.A. l 985, No. 123, § I. P.A.1965, No. 39, § I. P.A.1986, No. 7, § I. P.A.1966, No. 196, § l. C.L.1970, § 436.17. P.A.1987, No. 191, § I. P.A.1976, No. 416, § 1. P.A.1988, No. 207, § I. P.A.1976, No. 417, § I. P.A.1989, No: 118, § I. P.A.1976, No. 418, § l. P.A.! 992, No. 136, § l. P.A.1977, No. 2, § l. P.A.1994, No. 185, § l. P.A.1978, No. 6, § 1. P.A.1995, No. l 13, § l. P.A.1979, No. 74, § I. P.A.1995, No. 138, § l. C.L.1979, § 436.17. P.A.1996, No. 71. § l. American law Reports Construction of provision precluding sale of intoxicating liquors within specified distance from another establishment selling such liquors, 7 ALR3d 809. Revocation or suspension of liquor license because of drinking or drunkenness on part of licensee or business associates, 36 ALR3d 130 I. Validity and construction of statute or ordinance respecting employment of women in places where intoxicating liquors are sold, 46 ALR3d 369. Security interests in liquo~ licenses, 56 ALR4th 1131. Law Rev.iew and Journal Commentaries First amendment freedoms: Annual survey of Michigan !aw 1975. Peter M. Alter, Ellen J. Alter, 22 Wayne L.Rev. 365 (1976). Library References Intoxicating Liquors €=-59(1). WESTLA W Topic No. 223. CJ.S. Intoxicating· Liqu.ors § 95. Notes of Decisions State-oWiled lands P.A.1949, No. 174, which prohibited the issu- ance of licenses for sale of alcoholic liquor on state owned lands. Op.Atty.Gen.1949-50, No. 1. State-owned lands 1227, p. 551. Liquor control c6mmission may not _issue li- P.A.1933, Ex.Sess., No. 8, § 17 as amended.' cense for pre.mises constituting land of which r by .A.1949, No. 174. prohibited the liquor con• ~ state is fee owner, even though land is under trol commission from issuing licenses for use on .! lease to a~other. Op.Atty.Gen., 1951-52, No. state owned lands and such licenses in existence 1321,p. 129. on the effective date of the amendatory act · Real estate property acquired by Huron-Clin- could not be renewed or transferred for use ton metropolitan authority was not state-owned thereon. Op.Atty.Gen.1949-:-50, No. 1024, p. within the meaning of that terr~ as used in 288. 436.1521. Tavern or class "C" licenses, issuance , Sec. 521. (1) In addition to any licenses for the sale of alcoholic liquor for,;· consumption on the premises that may be available in the local governmental·. unit under section 531 (I), and the resort and resort economic development.,. licenses authorized in section 531(2), (3), and (4), the commission may issue not.' more than 50 tavern or class C licenses to persons who operate businesses that.' meet all of the following conditions: ·· 212 :· l.JQUOR CONTROL CODE OF 1998 436.1521 ·.'.-(a) The business is a full service restaurant, is open to the public, and .·prepares food on the premises, .:: (b) The business is open for food service not less than l O hours per day, S : days a week. •.·' (c) Al least 50% ofthe gross receipts of the business are derived from the sale '.i)f food for consumption on the premises, For purposes of this subdivision, food does not include beer and wine. (d) The business has dining facilities to seat not less than 25 persons. (e) The business is located in a development district with a population of not -;' more than 50,000, in which the authority, after a public hearing, has found that :~ the issuance of the license would prevent further deterioration within the ·• .•1 development district and promote economic growth within the development . · district. The commission shall not issue the license unless the local unit of , government within which the authority is located, after holding a public ice from i hearing, passes a resolution concurring in the findings of the authority. licensee . (2) The individual signing the application for the license shall state and .:s where demonstrate that the applicant attempted to secure an appropriate on-premise escrowed license or quota license issued under section 53 I and that, to the best of his or her knowledge, an on-premise license or quota license issued under section 531- is not readily available within the local unit of government in which the applicant proposes to operate. , (3) If in any licensing year the sale of food for consumption on the premises of the business represents less than 50% of the gross receipts for the business, the commission, after due notice· and proper hearing, shall revoke the license issued under subsection (1). (4) Not more than 1 license shall be issued under subsection (1) to any individual. partnership, limited partnership, limited liability company, corpora- tion, or any combination of any of the above, including stockholders, general he issu- partners, or limited partners. A license issued under this section is transferable quor on as lo ownership or location only within the development district. ·50, No. (S) The commission shall not issue a specially designated merchant license, mended specially designated distributor license, or any other license that allows the sale mr con- of alcoholic liquor for consumption off the premises in conjunction with a r use on x.istence license issued under subsection (I) or at the premises for which a license has .or, act been issued under subsection (1) . fa~ use 024, p. (6) The corpmission shall not issue a license under this section if the local governmental unit within which the development district is located has not issued all appropriate on-premise licenses available under section 531(1) or if an appropriate on-premise escrowed license is readily available in any local ,or for unit of government in which the development district is located. The commis- nemal sion shall not issue more than 2 licenses authorized under this section in any pment city or municipality with a population greater than 50,000. If an applicant's ue not proposed location is within more than l development district, the applicant ,s that shall obtain the approval of both or all of the applicable local units of government or development districts. 213 436.1521 ALCOHOLIC BEVERAGES LIQ (7) The commission may issue the licenses under this section without regard alco to the order in which the applications for the licenses are received. the 1 (8) The commission shall annually report to the legislature the names of the any businesses issued licenses under this section and their locations. sche not 1 (9) As used in this section: tion (a) "Development district" means any of the following: facil (i) An authority district established under the tax increment finance authority (2 act, 1980 PA 450, MCL 125.1'801 to 125.1830. rene (ii) An authority district established under the local development financing adm act, 1986 PA 281, MCL 125.2151 to 125.2174. $60( (iii) A downtown district established under 1975 PA 197, MCL 125.1651 to (3: 125.1681. licer (iv) A principal shopping district established under 1961 PA 120, MCL sion 125.981 to 125.987, before January 1, 1996. (a: (b) "Escrowed license" means a license in which the rights of the licensee in that the license or to the renewal of the license are still in existence and are subject gene to renewal and activation in the manner provided for in R 436.1 107 of the (b: Michigan administrative code. gros: (c) "Readily available" means available under a standard of economic feasi- non;; bility, as applied to the specific circumstances of the applicant, that includes, (4: but is not limited to, the following: prov (i) The fair market value of the license, if determinable. publ (ii) The size and scope of the proposed operation. . pren (iii) The existence of mandatory contractual restrictions or inclusions at- heah tached to the sale of the license. · · (s: P.A.1998, No. 58, § 521, Imd. Eff. April 14, 1998. Amended by P.A.1998, No. 282, Imd. is ap Eff. July 27, 1998. unit Historical and Statutory Notes P.A.! by P.. P.A. I 998, No. 282, in subsec. { 1), in the Lntro" secs~ (3) to (5), respectively: in subsec. (4), ductory paragraph, inserted "and resort eco- added the second semence; inserted subsecs. nomic development"; deleted subsec. {I)(f), (6) and (8); and.redesignated former subsecs. which read: {5) and (6) as subsecs. (7) and (9). respectively. P.A. "The business demonstrates to the commis• "$60( sion that an escrowed license is not readily Prior Laws: available in any local unit of government in P,A.1933, Ex.Sess., No. 8, § 17k. which the development district is located." C.L.1979, § 436.17k. Int< P.A.1998, No.,,282, also, inserted subsec. (2); P.A.1996, No, 440, § 1. WE redesignated former subsecs. (2) to (4) as sub- C.J. Library References Intoxicating Liquors e=>S7. l. 436 WESTLA W Topic No. 223. C.J.S. Intoxicating Liquors§ 104. Se men 436 ..1522. Banquet facility permits; issuance to on-premise licensees pena Sec. 522. (I) The commission may issue I banquet facility permit to an on• ordiI premise licensee, as an extension of that on-premise license, for the serving of defo, 214 CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. _ __ A resolution approving the issuance by the Liquor Control Commission of a Downtown Development On-Premise Liquor License to PCJ Enterprises, LLC pursuant to Sections 521 of the Liquor Control Code of 1998. The DDA hereby RESOL YES: Recitals 1. PCJ Enterprises, LLC has applied for a Class C license for the premises at 441 W. Western Avenue, formerly known as the Brunswick Building. 2. It is required that the Downtown Development Authority and the City Commission approve the issuance of such license before application may be made to the Michigan Liquor Control Commission. 3. A hearing was held on September 30, 2002, at a special meeting of the DDA, and the said hearing was publicly noticed in The Muskegon Chronicle, and mailed to the neighborhood association involved, as well as the applicant. Public notice was determined by the DDA to be sufficient. Findings The DDA finds the following facts to be true, based upon the application and the materials placed before the DDA in the public hearing: 1. The business shall be a full service restaurant, which prepares food on the premises, and shall be open to the public. 2. The business will be open for food service not less than ten (10) hours per day five (5) days per week. 3. At least 50% of the gross receipts of the business will be derived from the sale of food for consumption on the premises. "Food" does not include beer and wine. 4. The business has dining facilities and will seat more than twenty-five (25) persons. 5. The business is located in the Downtown Development Authority's Development District, which has a population less than 50,000. The District is duly established under 1975 PA 197. 6. The DDA, after hearing, has found that the issuance of the license will prevent further deterioration within the Development District and will promote economic growth within the Development District. 7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued all appropriate on-premise licenses that are available under Section 531(1) of the Liquor Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate on-premise escrowed license is not readily available in the City of Muskegon, where the entire Development District is located. The DDA has found that such license is not readily available taking into account all appropriate economic feasibility factors, including the fair market value of any such license, which is not determinable for the reason that no such license is available after diligent inquiry by the applicant. Further, the DDA has considered the size and scope of the proposed operation and the applicant's efforts to purchase a license. No sale of any such license has been offered or available. NOW, THEREFORE, THE DDA HEREBY RESOLVES: 1. That the applicant, PCJ Enterprises, LLC, has presented at public hearing before the DDA substantial evidence supporting the above findings. 2. The DDA, therefore, approves the issuance of a Development District On-Premise Class C Liquor License pursuant to Section 521 of the Liquor Control Code of 1998 to PCJ Enterprises, LLC at the specific location of 441 W. Western Avenue, Muskegon, Michigan, formerly known as the Brunswick Building. This resolution passed. Ayes B. Bifoss. E. Fethke. K. Cierpial, L. Wood, R. Taylor, D. Medendorp, K. Jackson M. Plichta W. Stone, B. Mazade Nays None CITY OF MUSKEGON ::~VELO Secretary CERTIFICATE This resolution was adopted at a meeting of the Downtown Development Authority, held on September 30, 2002, after public hearing. The meeting was properly held and noticed pursuant to public notice and held in accordance with the Open Meetings Act of the State of Michigan Act 267 of the Public Acts of 1976. CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY By 8u "J ~ Secretary CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2002-113( a) A resolution concerning the issuance of a Development District On-Premise Liquor License pursuant to Sections 521 of the Liquor Control Code of 1998. The City Commission of the City of Muskegon hereby RESOLVES: Recitals 1. PCJ Enterprises,LLC . has applied for a Development District On-Premise Liquor License for the premises at 441 W. Western Avenue, formerly known as the Brunswick Building. 2. It is required that the Downtown Development Authority and the City Commission approve the issuance of such license before application may be made to the Michigan Liquor Control Commission. 3. A hearing was held on September 30, 2002, at a special meeting of the DDA, and the said hearing was publicly noticed in The Muskegon Chronicle, and mailed to the neighborhood association involved, as well as the applicant. Public notice was determined by the DDA to be sufficient. 4. A hearing was held October 8, 2002, at the regular meeting of the City Commission. Notice was mailed and deemed satisfactory. DDA Findings The DDA found the following facts to be true, based upon the application and the materials placed before the DDA in the public hearing: 1. The business shall be a full service restaurant, which prepares food on the premises, and shall be open to the public. 2. The business will be open for food service not less than ten (I 0) hours per day five (5) days per week. 3. At least 50% of the gross receipts of the business will be derived from the sale of food for consumption on the premises. "Food" does not include beer or wine. 4. The business has dining facilities that will seat more than twenty-five (25) persons. 5. The business is located in the Downtown Development Authority's Development District, which has a population of less than 50,000. The District is duly established under 1975 PA 197. 2002-113(a) 6. The DDA, after hearing, has found that the issuance of the license will prevent further deterioration within the Development District and will promote economic growth within the Development District. 7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued all appropriate on-premise licenses that are available under Section 531(1) of the Liquor Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate on-premise escrowed license is not readily available in the City of Muskegon, where the entire Development District is located. The DDA has found that such license is not readily available, taking into account all appropriate economic feasibility factors, including the fair market value of any such license, which is not determinable, for the reason that no such license is available after diligent inquiry by the applicant. Further, the DDA has considered the size and scope of the proposed operation and applicant's efforts to purchase a license. No sale of any such license has been offered or available. 8. The DDA, after public hearing, held after notice on September 30, 2002, has approved the issuance of the said Development District On-Premise license. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: The City Commission has reviewed the findings of the DDA and held its own hearing, and concurs with the findings of the Downtown Development Authority, and approved in concmTence with the Authority that the Class C license should be issued to PCJ Enterprises, LLC at 441 W. Western Avenue, the premises formerly known as the Brunswick Building. The City Commission recommends to the Liquor Control Commission the issuance of the said requested license. This resolution passed. Ayes Gawron, Larson, Schweifler, Shepherd, Spataro, Wa~mington, Buie Nays None CITY OF MUSKEGON ~~il~B;,£ ~ City Clerk CERTIFICATE , 2002- 113(a) This resolution was adopted at a meeting of the City Commission, held on October 8, . 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 ~~ilk ne:~ City Clerk TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: OCTOBER 8, 2002 RE: Public Hearing Spreading of the Special Assessment Roll Ridge, Glenside to Cumberland SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Ridge, Glenside to Cumberland, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMP ACT: A total of$12,745.06 would be spread against the seventeen-(17) 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. 2002-113 (b) Resolution Confirming Special Assessment Roll For Ridge Street, from Glenside to Cumberland 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 26, 2002, 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: 1. 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 Ridge Street, from Glenside to Cumberland 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: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002. Clerk EXIDBITA Ridge St., Glenside to Cumberland SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Ridge St. from Glenside to Cumberland. RIDGE STREET, GLENSIDE TO CUMBERLAND MAYOR'S ENDORSEMENT AND WARRANT 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. AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR : H-1544, RIDGE-GLENSIDE TO CUMBERLAND THE DEPONENT SAYS THAT THE NOTICE OF HEARlNd 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 27TH OF SEPTEMBER, 2002 , Q,L~ . GAIL A. KUNDINGER, CIT SUBSCRIBED AND SWORN TO BEFORE ME THIS l "] DAY OF D Cffip~ , 2002. NOAAY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES _ _"S._- _I ~ _-_Q5._ _ __ JOANN M. KRUKOWSKI Notary Pu blic - Michigan - Muskegon County My Commission Expires May 13, 2005 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS 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: Ridge,Glenside to Cumberland Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL{517-334-6521). 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 $82,000 of which $12,745.06 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $XXX.XX based on 95 feet assessable front footage at $9.35 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 $XXX.XX. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $XXX.XX PER YEAR Due Date: December 8th, 2002 CDBG Approved You Owe $0.00 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 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 assi!;ltance 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 infonnation and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. 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_ _ _ _ _ _ __ 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. •'.,tft,1,C}i,1')::'?-,~;,'.t,\'iirW'. '. ,;ij~FOR··oFFICEiUSE,O~Y~'/';li;f¥, APPROVED ( DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __ SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __ COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD) LEON, HARRISON TO CROZIER RIDGE, GLENSIDE TO CUMBERLAND ROBERTS, KEATING TO LAKETON AND WILSON, HENRY TO DOWD The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Harvey Street from Keating to the South End • All parcels abutting Leon St. between Harrison and Crozier • A II parcels abutting Ridge St. between G lenside and Cumberland • All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave. • All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are 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 HA VE A RIGHT 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 STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk, MMC Publish: SEPTEMBER 28, 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 . u ,l CITY OF MUSKEGON p._r;:: O3 2002 Resolution No, 2002-40 ( c) Resolution At First Hearing Creating Special Assessment District For Ridge Street, from Glenside to Cumberland Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: l, A hearing has been held on March 26, 200Z 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 26, 2002, there were 6. 86 % 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 Larson and Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 13.4 % of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staffis hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays None CITY OF MUSKEGON By~.Q.~~,,J Gail A Kundinger, Clerk ~<f ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 26, 2002. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON EXHIBIT A Ridge St., Glenside to Cumberland SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Ridge St from Glenside to Cumberland. t:. ···----- 1' F N I ., . - __,--,--,-, GLEN-- Ct ,: a......... I I I I I I I I I ..._. - /'---; - ) I I I 1- .H ~ , ) j - . ' 1 I I IC J "'.: 'Q I lz 1 . . ' 1 1111 1 1 '""---' 1 , I 11 I I I i 1- .§CT!J~ii:;:,rf _lL~= =r:~1H:~~+<:~ 1111 ! I I 11 I I I II I i111n11"~ . . WINCHESTER I I [Ill' I Fl H'"''I • )1111 \£1 Bii I IJ,U.l,!J I •)!Ill b-Ll 11111 Ill 1111i 1111 RM-1 I I I I I I I I I I I 1111 I SHERMAN AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1554 RIDGE, GLENSIDE BLVD TO CUMBERLAND ST 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 ASSESS:rvIBNT 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 ASSESS:rvIBNT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 15th DAY OF MARCH 2002. 0. SUBSCRIBED AND SWORN TO BEFORE ME THIS ~ DAY OF [b 6,,.b W., , 2002. PUBl:JC, MUSKEGON COUNTY, MICHIGAN ::S-o~Y\r\ vY>- 'K'.f'v'Cows\:'.'. i MY COMMISSION EXPIRES ~ - I ~' 0 S H-1554 HEARING DATE OCTOBER 8TH, 2002 Ridge,Glenside to Cumberland SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-382-022-0007-00 1406.0 RIDGE AVE FETT JAMES C 1406 RIDGE AVE MUSKEGON Ml 49441 $865.81 $0.00 $865.81 24-382-023-0010-00 1408.0 LEXINGTON A LEE ROBERT/JULIE A 1408 LEXINGTON AVE MUSKEGON Ml 49441 $872.82 $0.00 $872.82 24-382-022-0006-00 1411.0 GLEN AVE PORTENGA ROY J 1411 GLEN AVE MUSKEGON Ml 49441 $841.50 $0.00 $841.50 24-382-023-0009-00 1419.0 RIDGE AVE CRABTREE DANIEL W %1419 RIDGE AVE MUSKEGON Ml 49441 $654.50 $0.00 $654.50 24-382-023-0008-00 1425.0 RIDGE AVE LOWE PAMELA S 1425 RIDGE AVE MUSKEGON Ml 49441 $607.75 $0.00 $607.75 24-382-023-0007-00 1429.0 RIDGE AVE LAZUKA TYRONE E/KA 1429 RIDGE AVE MUSKEGON Ml 49441 $607.75 $17.37 $625.12 24-382-022-0005-00 1431.0 GLEN AVE AMRHEIN PETER J 1431 GLEN AVE MUSKEGON Ml 49441 $888.25 $0.00 $888.25 24-382-022-0004-00 1441.0 GLEN AVE MERCER JOHN C/BOU 1441 GLEN AVE MUSKEGON Ml 49441-3 $888.25 $0.00 $888.25 24-382-023-0006-00 1441.0 RIDGE AVE TORREY JUNE M 1441 RIDGE AVE MUSKEGON Ml 49441 $607.75 $0.00 $607.75 24-382-023-0005-00 1453.0 RIDGE AVE FOHLBROOK PATRIC! 1453 RIDGE AVE MUSKEGON Ml 49441 $607.75 $0.00 $607.75 24-382-022-0003-00 1455.0 GLEN AVE STEVENS JOHN E/DA 1455 GLEN AVE MUSKEGON Ml 49441 $1,122.00 $0.00 $1,122.00 24-382-023-0004-00 1461.0 RIDGE AVE BULTEMA KAREN 1461 RIDGE AVE MUSKEGON Ml 49441 $563.34 $0.00 $563.34 24-382-022-0002-00 1475.0 GLEN AVE DEBOER JUDITH F TR 1475 GLEN AVE MUSKEGON Ml 49441 $888.25 $0.00 $888.25 24-382-023-0003-00 1477.0 RIDGE AVE VEGTER MAY 1477 RIDGE MUSKEGON Ml 49441 $608.22 $0.00 $608.22 24-382-023-0002-00 1483.0 RIDGE AVE CLARK WILLIAM ROBE 1483 RIDGE MUSKEGON Ml 49441-3 $561.00 $0.00 $561.00 24-382-022-0001-10 2334.0 CUMBERLAND NIENHUIS DONNA MT 2334 CUMBERLAND S MUSKEGON Ml 49441 $935.00 $0.00 $935.00 24-382-023-0001-00 2364.0 CUMBERLAND CLAYTOR DARLEEN P 2364 CUMBERLAND MUSKEGON Ml 49442 $607.75 $0.00 $607.75 Page 1 of 2 H-1554 HEARING DATE OCTOBER 8TH, 2002 Ridge,Glenside to Cumberland SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL TOTALS $12,727.69 $17.37 $12,745.06 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS ~-~ :t!;~?- --~---=''-RNER, DIRE;TOR,COUNTY EQUALI TION DATE ~#~ /o -9-cz=.. CITY COMMISSIONER DATE Ii> -I 'f - 2J 2____ COMMISSIONER DATE Page 2 of 2 TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: OCTOBER 8, 2002 RE: Public Hearing Spreading of the Special Assessment Roll Leon St., Crozier to Harrison SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Leon, Crozier to Harrison, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $49,047.24 would be spread against the nineteen-(19) 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. 2002-113 ( c) Resolution Confirming Special Assessment Roll For Leon St. between Harrison and Crozier Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on March 26, 2002, 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: 1. 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 Leon St. between Harrison and Crozier 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: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson Nays: None By ~D~~ Gail A. Kundinger-, City atrk . CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002. Gail A. EXHIBIT A Leon St. between Harrison and Crozier SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Leon St. between Harrison and Crozier LEON STREET, CROZJER TO HARRISON MAYOR'S ENDORSEMENT AND WARRANT 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. AFFIDAVIT OF MAILING . STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR : H-1543 Leon, Harrison to Crozier 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 TAJ( ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 27m OF SEPTE~IBER. 2002 ~Q~~~~ A. GAIL · KUNDINGER;CITY SUBSCRIBED AND SWORN TO BEFORE ME THIS J ') DAY OF Qc.\;b ~ , 2002. . ~~ L co . Krt.»..) ~ ~ -~ ~ NOT.Ai¥ PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES S - I ~-- D s; ~----------~ JOANN M. KRUKOWSKI N otary Public - Michigan Muskegon County MYComm;ssion Expires May 13, ~~n 5 . . , ....~ l:.~J} September 27TH , 2002 OWNERS NAME OWNER'S ADDRESS MUSKEGON, Ml 49441 Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS 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: Leon, Crozier to Harrison Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334- 6521). 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 $184,000 of which $49,047.24 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $XXX.XX based on 64.3 feet assessable front footage at $36.35 per assessable foot for the street improvements. In addition, you will be assessed $XXX.XX for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $XXXX.XX Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $XXX.XX PER YEAR Due Date: December 8th, 2002 CDBG Approved You Owe $0.00 7 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, ~~t1i4f Mohammed AI-ShateliP.E. City Engineer Enclosures 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 delinqttent, current, and further installments. At the time of payment a lien will be recorded on your · property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available.. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON STREET ASSESSMENTPROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR WAIVER OF SPECIAL ASSESSMENT Note: You may rec~ive thiSapplicatib# several tiines -'--lfyp'u hijpi/~ltt/!dj;'tlp/JJf!JJIIIIJIIJli!&~ Dear Resident: The City of Muskegon, for roadway improvements, is specially assessing property owners in your area. City ordinances require that property owners be responsible for the special assessment for roadwork done to their property's assessable frontage. To assist homeowners, who may have difficulty paying the costs of the special assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay for your special assessment to the extent that funds is available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median - Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2001, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2002 165% MEI>JAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT I $26,650 2 30,420 3 34,255 4 38,025 5 41,080 6 44,135 7 47,125 8 50,180 For each extra, add 3,055 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient documentation. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: HARVEY, KEA TING TO S. END (900' OF GRAVEL ROAD) LEON, HARRISON TO CROZIER RIDGE, GLENSIDE TO CUMBERLAND ROBERTS, KEATING TO LAKETON AND WILSON, HENRY TO DOWD The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Harvey Street from Keating to the South End • All parcels abutting Leon St. between Harrison and Crozier • All parcels abutting Ridge St. between Glenside and Cumberland • All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave. • All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are 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 RIGHT 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 TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk, MMC Publish: SEPTEMBER 28, 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 (23 I) 724-6705 of TDD (231) 724-6773 CITY OF MUSKEGON Resolution No. 2QQ2-4Q/hl Resolution At First Hearing Creating Special Assessment District For Leon St. between Harrison and Crozier Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on March 26, 2002 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 26, 2002, there were 28. 14% 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 Scbwei fl er and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 27.7% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie Nays None CITY OF MUSKEGON Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 26, 2002. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON EXHIBIT A Leon St. between Harrison and Crozier SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Leon St. between Harrison and Crozier -- - --· ----l•- --- --- < AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1543 LEON, CROZIER TO HARRISON THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 15 th DAY OF MARCH, 2002. ? Q ~\,~~ iJ RK SUBSCRIBED AND SWORN TO 11EFORE ME THIS c:) C\ DAY OF yY) ~ , 2002. ~(L_ ~- N +<~~st_~ Y PUBLIC, MUSKEGON COUNTY, MICHIGAN """T o {\.\'\'\,'I. )<'.{'v /LC\;)"::, \L i ,;:;' MY COMMISSION EXPIRES S" - I~ -D cl, H-1543 HEARING DATE OCTOBER 8TH, 2002 Leon,Crozier to Harrison SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-657-0003-00 2178 MINERAVE BLASZAK JOSEPH E 2178 MINER AVE MUSKEGON Ml 49441 $2,417.28 $0.00 $2,417.28 24-205-656-0004-00 2180 MORTON AVE CROSS BENJAMIN 2180 MORTON AVE MUSKEGON Ml 49441 $1,744.80 $0.00 $1,744.80 24-205-655-0005-00 2183 MORTON AVE WASHINGTON MUTUA 75 N FAIRWAY DR VERNON HILLS IL 60061 $2,606.30 1,002.50 $3,608.80 24-205-656-0003-00 2187 MINER AVE KING DENNIS 2187 MINER AVE MUSKEGON Ml 49441 $2,515.42 3,205.83 $5,721.25 24-205-660-0001-00 2199 MINERAVE SIAS BARRY J 2199 MINER AVE MUSKEGON Ml 49441 $436.20 $0.00 $436.20 24-205-661-0001-00 2199 MORTON AVE HOUSEMAN HAROLD 2199 MORTON AVE MUSKEGON Ml 49441 $1,435.83 $0.00 $1,435.83 24-205-662-0015-00 2200 CROZIER AVE FARNELL! JANIS E 2200 CROZIER AVE MUSKEGON Ml 49441 $2,337.31 $697.00 $3,034.31 24-205-659-0015-00 2200 MINER AVE SOUTHWARD THOMA 2200 MINER AVE MUSKEGON Ml 49441 $2,035.60 $880.33 $2,915.93 24-205-660-0015-00 2200 MORTON AVE STONE SUSAN K 2200 MORTON AVE MUSKEGON Ml 49441 $2,253.70 $924.85 $3,178.55 24-205-662-0001-00 2201 HARDING AVE HANNON EDWARD 2201 HARDING AVE MUSKEGON Ml 49441 $2,366.02 $695.88 $3,061.90 24-205-657-0001-00 2203 DENMARK ST TULEJA ELSIE 2203 DENMARK ST MUSKEGON Ml 49441 $1,417.65 $697.00 $2,114.65 24-205-657-0001-10 2215 DENMARK ST CARPENTER JEFFRAY 2215 DENMARK ST MUSKEGON Ml 49441 $976.72 $642.11 $1,618.83 24-205-659-0001-00 2221 LEON ST ZBOJNIEWICZ LORRAI 2221 LEON ST MUSKEGON Ml 49441 $2,008.34 $642.11 $2,650.45 24-205-657-0002-00 2225 DENMARK ST CARPENTER JEFFRAY 2215 DENMARK ST MUSKEGON Ml 49441 $1,308.60 $697.00 $2,005.60 24-205-660-0001-10 2269 LEON ST SCARBROUGH JOSEP 2269 LEON ST MUSKEGON Ml 49441 $2,150.83 $0.00 $2,150.83 24-205-661-0015-00 2331 LEON ST BENNINGER MARY 2331 LEON ST MUSKEGON Ml 49441 $2,280.96 $535.00 $2,815.96 · 24-205-655-0007-00 2348 LEON ST BAIR JERRY 2348 LEON ST MUSKEGON Ml 49441 $2,606.30 1,189.08 $3,795.38 24-205-654-0008-00 2380 LEON ST ANDERSON PEGGY 2380 LEON ST MUSKEGON Ml 49441 $1,919.28 $476.70 $2,395.98 9/25/02 Page 1 of 2 H-1543 HEARING DATE OCTOBER 8TH, 2002 Leon,Crozier to Harrison SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL 24-205-654-0007-10 2390 LEON ST LAKESIDE UNITED ME 2160 CROZIER AVE MUSKEGON Ml 49441 $1,944.73 $0.00 $1,944.73 Io TOTALS $36,761.85 12,285.39 $49,047.24 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS /??~~z. EQUALIZAT¢N.,,-~~' 0 2. DATE DATE 9/25/02 Page 2 of 2 H-1543 HEARING DATE OCTOBER 8TH, 2002 Leon,Crozier to Harrison CDBG APPROVED DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-656-0003-00 2187 MINER AVE KING DENNIS 2187 MINER AVE MUSKEGON Ml 49441 $2,515.42 3,205.83 $5,721.25 24-205-659-0015-00 2200 MINERAVE SOUTHWARD THOMA 2200 MINER AVE MUSKEGON Ml 49441 $2,035.60 $880.33 $2,915.93 24-205-659-0001-00 2221 LEON ST ZBOJNIEWICZ LORRAI 2221 LEON ST MUSKEGON Ml 49441 $2,008.34 $642.11 $2,650.45 24-205-661-0015-00 2331 LEON ST BENNINGER MARY 2331 LEON ST MUSKEGON Ml 49441 $2,280.96 $535.00 $2,815.96 TOTALS $8,840.32 $5,263.27 fil.i,103.59 Page 1 of 1 TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: OCTOBER 8, 2002 RE: Public Hearing Spreading of the Special Assessment Roll Harvey St., Keating to S. End SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Harvey, Keating to south End, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMP ACT: A total of$32,964.25 would be spread against the six-(6) 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- 113 ( d) Resolution Confirming Special Assessment Roll For Harvey Street from Keating Ave. to the South End 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 April 9, 2002, 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 (I 0) 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 Harvey Street from Keating Ave. to the South End 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: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: · None CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002. EXHIBIT A Hravey Street from Keating to South End SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Harvey from Keating to South End. HARVEY ST. FROM KEATING TO SOUTH END MAYOR'S ENDORSEMENT AND WARRANT 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. AFFIDAVIT OF MAILING STATEOFMICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR : H-1545, Harvey, Keating to S End 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 SJ:>ECIAL 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 27m OF SEPTEMBER, 2002 . LO~~~· · GAIL A. KUNDINGER, CIT~ RK SUBSCRJBED AND SWORN TO BEFORE ME THIS tl DAYOF Dc.\-0 \s:,.Q ;y-::::: ,2002. MY COMMISSION EXPIRES _ _':; ___- _l ~ _ -_,::0:;_'S ..,.. .c-., ____ JOANN M. KRUKOWS l( I Notary Public - Michigan Muskegon County .. My Commission Expires May 13, 2005 September 27TH , 2002 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49443-1208 Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS 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: Harvey, Keating to S end. Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL(517-334-6521). 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. Costs The final projected cost of the street improvement portion of the project is $105,000 of which $33,327.75 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $XXXX based on 460.88 feet assessable front footage at $10.75 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 $XXXX. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $><XX.XX PER YEAR Due Date: December 8th, 2002 0 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, ff"'-"TUIL.~1i4! Mohammed AI-ShateliP.E. City Engineer Enclosures ,.J 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 CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD) LEON, HARRISON TO CROZIER RIDGE, GLENSIDE TO CUMBERLAND ROBERTS, KEATING TO LAKETON AND WILSON, HENRY TO DOWD The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Harvey Street from Keating to the South End • All parcels abutting Leon St. between Harrison and Crozier • All parcels abutting Ridge St. between Glenside and Cumberland • All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave. • All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are 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 HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HA VE 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 DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk Publish: SEPTEMBER 28, 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, Ml 49440 (231) 724-6705 of TDD (231) 724-6773 CITY OF MUSKEGON ,-.• ,t.~, ;-.. \ -.:.. ·u·-, Resolution No. 2002-47(a) , . ' t·"'.•.. ,', I... l. ..... _.- Resolution At First Hearing Creating Special Assessment District APR 1 7 2002 For Harvey Street from Keating Ave. to the South End Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on April 9, 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 April 9, 2002, there were 26. 56% 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 Conunission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Conunission 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 _ ___...._.,....,.,__ _ _ _ _ _ _ _ _ _ and Warmington and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 33.3 % 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 Shepherd, Spataro. Warmington, Buie. Gawron. Larson, Schweifler Nays'_J'1illlle..._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on April 9, 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 4h~d~lh;;/ EXHIBIT A Hravey Street from Keating to South End SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Harvey from Keating to South End. - I N 1__ _ ROBERTS ___J____ IJ ~- > - I N US-31 7 I AFFIDAVIT OF MAILING STATE OF MICIBGAN ) ) ss COUNTY OF MUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1545, HARVEY, KEATING TO SOUTH END 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 29TH DAY ~ 0 0 2 . ~a- ~ GAIL A. KUNDINGER, CITYERK SUBSCRIBED AND SWORN TO BEFORE ME THIS. 16 t/2 DAy OF 11/f'L' I '2002. ~ &), ;M0, NOTARY PUBLIC, MUSKEGON COUNTY, MICIBGAN MY COMMISSION EXPIRES J- clrO .2, H-1545 HEARING DATE OCTOBER 8TH, 2002 Harvey, Keating to S end. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL ** 24-133-200-0021-0C 2051 HARVEY ST HARVEY TWO CO PO BOX 1208 MUSKEGON Ml 49443-1 $4,954.46 $0.00 $4,954.46 ** 24-133-200-0021-1 C 2121 HARVEY ST ELJON REALTY LLC 5203 S DIVISION AVE GRAND RAPID Ml 48548 $3,473.54 $0.00 $3,473.54 24-133-200-0022-0C 2151 HARVEY ST PREMIER PARTNERS 2151 S HARVEY ST MUSKEGON Ml 49442 $13,522.20 $0.00 $13,522.20 24-133-200-0024-0C 2195 HARVEY ST CONSUMERS ENERG 4000 CLAY AVE SW P GRAND RAPID Ml 49501-0 $2,399.10 $0.00 $2,399.10 24-133-400-0008-0C 2431 HARVEY ST DOBB LARRY J/JANIC 3884 MONTEVIEW DR MUSKEGON Ml 49441 $6,179.50 $0.00 $6,179.50 24-133-200-0021-1 C 2121 HARVEY ST ELJON REAL TY LLC 5203 S DIVISION AVE GRAND RAPID Ml 48548 $2,435.45 $0.00 $2,435.45 TOTALS. $32,964.25 $0.00 $32,964.25 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS ~~ ~ ~--1:~uFF'""TURN ER,D.IRECTOR,COLJ'NTY EQ Q.),_QJ(\ 0..... c::::, /p:,,f"~~ UALIZA ON DATE E BU IE ~ /JYJ ___.....-(;ITY ~MMISSIONER - ID a I. / J 02- DATE I c. ,-1'-f-V "2--- N CITY COMMISSIONER DATE Page 1 of 1 TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: OCTOBER 8, 2002 RE: Public Hearing Spreading of the Special Assessment Roll Wilson, Dowd to Henry SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Wilson, Dowd to Henry, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMP ACT: A total of$66,888.76 would be spread against the thirty one-(31) 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- 113( e) Resolution Confirming Special Assessment Roll For Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on March 12, 2002, 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: 1. 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 Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd 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: Spataro, Warmington, Buie, Gawron, Lar$on, Schweifler, Shepherd Nays: None CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on October 8, 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 ce1tify that the special assessment roll referred to in this resolution was confirmed on this date, being October 8, 2002. City of M~s, gon . By ~A. Gail D- ~~~ Kundinger, City Cl k 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 WILSON, DOWD TO HENRY ST. MAYOR'S ENDORSEMENT AND WARRANT 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. AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR : H-1523, WILSON, HENRY TO DOWD 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 27rn OF SEPTEMBER. 2002 ~ - . SUBSCRIBED AND SWORN TO BEFORE ME THIS 1 ,1 DAYO_F L)c,-\--b ~ , 2002. NOT)jfy ~,~si<f ~)~* . MY COMNIISSION EXPIRES MICHIGAN S- Is.~ b CS°' JOANN M. KRUKOWSJ<I Notary Public - Michigan Muskegon County My Comm;ssion Expi res May 13, 2005 September 27TH , 2002 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441 Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS 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: Wilson, Dowd to Henry St. Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL(517-334-6521). 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. Costs The final projected cost of the street improvement portion of the project is $126,000 of which $66,888.76 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $XXXX based on XX feet assessable front footage at $34.42 per assessable foot for the street improvements. In addition, you will be assessed $XXX for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $XXXX. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $227.1 B per year Due Date: December 8th, 2002 CDBG Approved You Owe $0.00 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, ,,~~....__.._....1i4/ Mohammed AI-Shatel; P.E. City Engineer Enclosures 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. Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ __ Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _ Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _ 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 COBO staff) . }oWNii•s SIGNA'.ltll.liic 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. \ FOR OF'FICEUSE O~Y APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __ SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ _ __ COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD) LEON, HARRISON TO CROZIER RIDGE, GLENSIDE TO CUMBERLAND ROBERTS, KEATING TO LAKETON AND WILSON, HENRY TO DOWD The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Harvey Street from Keating to the South End • All parcels abutting Leon St. between Harrison and Crozier • All parcels abutting Ridge St. between Glenside and Cumberland • All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave. • All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are 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 HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HA VE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH Tl-IE MICHIGAN STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE ORAT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are farther notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk, MMC Publish: SEPTEMBER 28, 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 (23 I) 724-6705 of TDD (23 I) 724-6773 CITY OF MUSKEGON Resolution No. 2002-32( l)l rl0'.1\ :~ J zonz ' " ,1 .... 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 I -· Commissioners Schweifler and _ _:::.Spcca"'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 staffis hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays None CITY OF MUSKEGON By~,la~~ Gail A. Kundinger, Clerk 0 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 · 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 AVENUE II 4 .. 57 I 12 9- 8 §I 12 ~1 7 .l J 6 ITT g 8 I 45 13 II m --'"~' LAKETON AVENUE - rn- J1 12 2 I 11 3 ; ' I I "' I:il Ill I" I~ 1: : ijl L -- -•rlO~ N -- I :• I~ ... 7 ·~ 4 '~ ~ I'\ '- - ....." - I• " w -~ ,. ~ ~ (Tl ~ . ' -- - I ' · 1- _'-] ~ f- w -- - wr-- ...JJ .;::.I I- - :r w a:: ., -"' ~ UJ '. ' - w lJ.J I- wcJ II . - w - ' 0:: •- n •• ti; ..·- \\ ,. a:: b .... a:: --,- ;, 13,14 - 45 V, 48 - f- IJ J ~- Mr~ R_=.,- II 15 18 75 78 •= WIN"I! AVEN_UJ:_ >-..-.-:-1 - I 28 I - - ~ --- 0 ~ - - 1 ~,~ • !: ~ !!! ,v NS,_ ., ~·· ~ ~ l <t:1-'---<",1 ..Jt--:\:'11 1M] - - -- .. i~~ z I- ~ ~>- ~ 15316.!I ...J - I- ,r _w ~l-'~--1 ::.:'. z<( a:: LL ~ ~ ,_ __ 0 ::> :I: -~ -z I- :r- -i; (/) - .,., ~~ ,, 1- llia::: I- ~~ co Ii ~ : l'.1~ ~ ~ 14 14 15 14 --- iii I -~- (/):==:;::;::;;:;,:;:;:: ~ --! ~ YOUNG --'.-' CO IO .,.r- .,co : 0 ij ~ ~ ~ ,_ AVENUE C co ::I ., ~ ~ 0 .:. I --- !~ (II f-- --- CAMPBELL f-- -- -- - --- -- f -. FIELD - - -- I - - - r-- r-- r-- >- a::: ~ 15435.20 r-- t\ : l~ -- WILSO~ ~ .,. IQ ."' IQ --- ., ~ I[ "'CIJ co N CII ., ; ; .,, • "' CIJ QI ""'I 15 ::c 8 --- ~ AVENUE 1 I ., ~. :" ! ~I ! ini ·- I ~ ~ ·:e "' I~ 2 - 0 '" 493 - .. - - .; ft -- A ~ ~ /5435.25 15435.30 - ~ 15316.06 15316.C -49@ -- -- -- --- --- >-~- f-- I~~~ - 0 .. ~ ii s. :i ~ 1, ,- = ax ~J ........... -- .... (II 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~ 2 . ~fuLD ~ GAIL A. KUNDINGER, CITY C SUBSCRIBED AND SWORN TO BEFORE ME THIS I l/ th.,_ DAY OF l77at1 ,e A • , 2002. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES -~f_-~;2_.S_'--~U~2..,~- H-1523 HEARING DATE OCTOBER 8TH, 2002 Wilson, Dowd to Henry St. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-665-000-0014-00 2083 HENRY ST PEARSON JOHN H ET 2083 HENRY ST MUSKEGON Ml 49441 $2,065.20 $206.64 $2,271.84 · 24-665-000-034 7-00 2090 HUDSON ST PRESTON HAROLD M 2090 HUDSON ST MUSKEGON Ml 49441 $2,271.72 $0.00 $2,271.72 . 24-665-000-0016-00 2107 HENRY ST TISCH PROPERTIES L 1905 MCILWRAITH MUSKEGON Ml 49442 $2,065.20 2,988.48 $5,053.68 24-365-000-0007 -00 2110 DOWD ST WERLING KENNETH 2110DOWDST MUSKEGON Ml 49441 $1,702.76 $0.00 $1,702.76 24-665-000-0491-00 2111 DOWD ST SKLENAR CATHERINE 2111 DOWD ST MUSKEGON Ml 49441 $2,161.58 $0.00 $2,161.58 24-665-000-0343-00 2118 HUDSON ST BRUCKBAUER DANIEL 2118 HUDSON ST MUSKEGON Ml 49441 $1,600.53 $0.00 $1,600.53 24-665-000-0257-00 2119 KINSEY ST OCWEN FERAL BANK 1675 PALM BEACH LA WEST PALM BEFL 33401 $2,134.04 $0.00 $2,134.04 24-665-000-0106-00 828 WILSON AVE DAHLGREN BESSIE 834 WILSON AVE MUSKEGON Ml 49441 $1,376.80 $0.00 $1,376.80 24-665-000-0104-00 829 WILSON AVE VAN DONKELAAR WIL 829 WILSON AVE MUSKEGON Ml 49441 $2,753.60 $842.62 $3,596.22 24-665-000-0107-00 834 WILSON AVE DAHLGREN BESSIE 834 WILSON AVE MUSKEGON Ml 49441 $1,376.80 $0.00 $1,376.80 24-665-000-0103-00 841 WILSON AVE HOLT MICHAEL/CATHI 160 JOHN AVE MUSKEGON Ml 49441 $1,125.53 $220.08 $1,345.61 24-665-000-0108-00 846 WILSON AVE CITY OF MUSKEGON $1,125.53 $885.68 $2,011.21 24-665-000-0133-00 854 WILSON AVE SHREVE BERNARD 854 WILSON AVE MUSKEGON Ml 49441 $2,065.20 $0.00 $2,065.20 24-665-000-0138-00 855 WILSON AVE MAYNARD CHARLES 855 WILSON AVE MUSKEGON Ml 49441 $2,065.20 $0.00 $2,065.20 24-665-000-0136-00 865 WILSON AVE FELCOSKIE ROBERT 865 WILSON AVE MUSKEGON Ml 49441 $2,065.20 $413.49 $2,478.69 24-665-000-0135-00 866 WILSON AVE ZAVITZ SHIRLEY NZA 866 WILSON AVE MUSKEGON Ml 49441 $2,065.20 $211.40 $2,276.60 24-665-000-0223-00 879 WILSON AVE LAUDE GARY F 879 WILSON AVE MUSKEGON Ml 49441 $3,710.48 $879.72 $4,590.20 24-665-000-0226-00 882 WILSON AVE KUZMA JOSEPH/MICH 882 WILSON AVE MUSKEGON Ml 49441 $3,710.48 $428.10 $4,138.58 9/27/02 Page 1 of 3 H-1523 HEARING DATE OCTOBER 8TH, 2002 Wilson, Dowd to Henry St. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL CIHOS STANLEY 900 WILSON AVE MUSKEGON Ml 49441 $2,134.04 $0.00 $2,134.04 ('f 24-665-000-0253-00 900 WILSON AVE 24-665-000-0256-00 911 WILSON AVE JENSEN MICHAEL P 911 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $0.00 $1,342.38 24-665-000-0255-00 912 WILSON AVE BRUCKBAUER LEONA 912 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $503.91 $1,846.29 24-665-000-0345-00 919 WILSON AVE BOLEMA LONNIE 919 WILSON AVE MUSKEGON Ml 49441 $2,013.57 $0.00 $2,013.57 24-665-000-0346-00 920 WILSON AVE TENBRINK BRADD/MA 920 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $184.09 $1,526.47 24-665-000-0373-00 944 WILSON AVE GILL NORMA 944 WILSON AVE MUSKEGON Ml 49441 $922.46 $0.00 $922.46 · 1 24-365-000-0008-00 949 WILSON AVE JOHNSON HELEN M 949 WILSON AVE MUSKEGON Ml 49441 $1,723.41 $882.49 $2,605.90 · · 24-665-000-0374-00 950 WILSON AVE GILL NORMA 944 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $0.00 $1,342.38 24-665-000-0375-00 956 WILSON AVE PIKAART TERRY L 11755 SAND RD MONTAGUE Ml 49437 $1,342.38 $430.90 $1,773.28 ' -, 24-665-000-0466-00 968 WILSON AVE EVANS PAULINE R 968 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $0.00 $1,342.38 24-665-000-0467-00 972 WILSON AVE LINK MARCUS A 1960 S MILL IRON RD MUSKEGON Ml 49442 $1,342.38 $449.38 $1,791.76 ' 24-665-000-0468-00 976 WILSON AVE KAMROWSKI TERRI 976 WILSON AVE MUSKEGON Ml 49441 $901.80 $0.00 $901.80 24-665-000-0489-00 996 WILSON AVE GROGAN THOMAS 996 WILSON AVE MUSKEGON Ml 49441 $2,161.58 $667.21 $2,828.79 : · 9/27/02 Page 2 of 3 H-1523 HEARING DATE OCTOBER 8TH, 2002 Wilson, Dowd to Henry St. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL TOTALS $56,694.57 10,194.19 $66,888.76 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS DATE ~oLAWRENCE SPATARO C /0-9£Jd- DATE 9/27/02 Page 3 of 3 H-1523 HEARING DATE OCTOBER 8TH, 2002 Wilson, Dowd to Henry St CDBG APPROVED DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-665-000-0014-00 2083 HENRY ST PEARSON JOHN H ET 2083 HENRY ST MUSKEGON Ml 49441 $2,065,20 $206,64 $2,271,84 24-665-000-0107-00 834 WILSON AVE DAHLGREN BESSIE 834 WILSON AVE MUSKEGON Ml 49441 $1,376,80 $0.00 $1,376.80 24-665-000-0466-00 968 WILSON AVE EVANS PAULINE R 968 WILSON AVE MUSKEGON Ml 49441 $1,342.38 $0.00 $1,342.38 TOTALS. $4,784.38 $206.64 M,991.02 Page 1 of 1 TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: OCTOBER 8, 2002 RE: Public Hearing Spreading of the Special Assessment Roll ROBERTS, Keatinting to Laketon SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Roberts, Keating to Laketon, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $34,924.68 would be spread against the seven-(7) 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- 113 ( f) Resolution Confirming Special Assessment Roll For Roberts St., 192' N. of the Centerline of Keating to Laketon Ave. Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on January 22, 2002, 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: 1. 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 Roberts St., 192' N. of the Centerline of Keating to Laketon Ave. 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: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro Nays: None CERTIFICATE Th.is resolution was adopted at a meeting of the City Commission, held on October 8, 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. Fm1her, I hereby certify that the special assessment roll referred to in this resolution was confirmed on this date, being October 8, 2002. City o~ ~skegon By -~==-=-=----=- 0 -~ -'-- ~- ~- ~N ~- _ Gail A. Kundinger, City Cct lerk EXHIBIT A ROBERTS ST. FROM SHERMAN TO LATIMER SPECIAL ASSESSlVIENT DISTRICT All properties abutting that section of Roberts St. from 192' N. of the centerline of Keating to Laketon Ave. ROBERTS ST. FROM KEATING TO LAKETON MAYOR'S ENDORSEMENT AND WARRANT 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. 0 AFFIDAVIT OF MAILING STATEOFMICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR : H-1512, ROBERTS-KEATING TO LAKETON 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 27rn OF SEPTEMBER, 2002 -LO ✓ ~ µj GAIL A. KUNDINGER, CIT~ LERK - SUBSCRIBED AND SWORN TO BEFORE ME THIS 10 {[)ct-£? ~ i - • .. DAY OF , 2002. ~ JOANN M. KRUKOWSKI ~PUBLIC, Notary Public - Michigan {h.__\,-,,, ' )<Gu lL k )e: MUSKEGON COUNTY, MICHIGAN ~ Muskego(! County My Comm:ssion fapi res May 13, 2005 - - MY COMMISSION EXPIRES - -S- ~ .l °'s - 0 S' ----- September 27TH , 2002 OWNERS NAME OWNERS ADDRESS MUSKEGON, Ml 49441-1904 Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS 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: Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL(517-334-6521). 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 $109,000 of which $34,924.68 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $XXXX based on XXX feet assessable front footage at $18. 00 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 $XXXX. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $XXX.XX PER YEAR Due Date: December 8th, 2002 0 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, H""1r&.dt.~1/dtf Mohammed AI-ShateliP.E. City Engineer Enclosures 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 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# _ _-_ _-_ _ 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 SIGNA'flJii;E 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. ;'_;;~OR OFFICE USE.Ql'{[JY:•"• APPROVED ( DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __ SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ _ __ COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: HARVEY, KEATING TOS. END(900' OF GRAVEL ROAD) LEON, HARRISON TO CROZIER RIDGE, GLENSIDE TO CUMBERLAND ROBERTS, KEATING TO LAKETON AND WILSON, HENRY TO DOWD The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Harvey Street from Keating to the South End • All parcels abutting Leon St. between Harrison and Crozier • All parcels abutting Ridge St. between Glenside and Cumberland • All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave. • All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are 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 HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HA VE 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 DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk Publish: SEPTEMBER 28, 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, Ml 49440 (23 I) 724-6705 of TDD (231) 724-6773 RECEIVED CITY OF Ml lSl<Fr,ON CITY OF lvIUSKEGON JAN 2 9 2002 Resolution No. 2002- :o (b) l Resolution At First Hearing Creating Special Assessment District For Roberts St., 192' N. of the Centerline of Keating to Laketon Ave. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on Jannary 22, 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 January 22, 2002, there were o % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Buie and Larson and the City Assessor who are hereby directed to prepare an assessment roll. -----==="'------- Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 20.42% 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,_,_h"'e"'p"-'h"'e"-r.,,.d_,_,-'S"-p""a""'t""a"-r-"o_,_,_W""a"'r'"'m"'i"'n~g~t~o' · -'-n,.,,~B~ui~·e~,. .,G""a'--'w'-'-r-"o-'-'n_,_,_L=ca=crccscc.co~n~,----=a~n~d_ _ __ hweifler Nays_ _ _ , N ~ o ' - ' - n " ' e ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY OF MUSKEGON ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on January 22, 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 ROBERTS ST. FROM SHERMAN TO LATIMER SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Roberts St. from 192' N. of the centerline of Keating to Laketon Ave. .1SNl3N I-- ' - - - , - - - - - - , - - - - (.) ii:: t:i i5 1--- z l!J :;; rn rn l!J rn ~ e-- I ,__ '--- / /( \ f I DJJ.J. 111 ' - ' 1-----____j ,__ ' ~ ~ '----' m~ rnIIIID~ WJlUJ_J~ H I I rr,~"l I I 111 I 1111 Fii 1111 II I 111111 i /rn7 II I I I I l~~w ~ 1 ~~ r I i'"°lT11 11111 1 1 1 1 R l====i 111111 \ IIHI111111 I I i''AalWA 11 Fl I 11 11111111 I I tu,,J/1111111 111 I I 111 11 111111 I I 111111 1 JlTI.JJ 11111111111111 I 11111111 1111111111 1111 1111 AFFIDAVIT OF lVIAILING STATE OF MICillGAN ) ) ss COUNTY OF JvIUSKEGON) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1512, ROBERTS-192' N OF KEATING TO LAKETON A VE 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 NA1\1E 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 UNITEDSTATESMAILRECEPTACLEONTHE11TH DAYOFJ ARY 2002. aJ- Q~ GAIL A. KUNDINGER, CITY ERK SUBSCRIBED AND SWORN TO BEFORE ME Tms deft/, DAYOF ,laouev ,2002. ~ P U B ~ C , M!s~N COUNTY, MICHIGAN Lind" S. /lof-fl', MY COMMISSION EXPIRES '/- o?-S--o ;2.. H-1512 HEARING DATE OCTOBER 8TH, 2002 Milling & Resurfacing of Roberts Street,Keating Ave to Laketon Ave SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-133-100-0008-00 1183 LAKETON AVE GR MUSK HOUSING C 1065 4TH ST MUSKEGON Ml 49441-1 $4,950.00 $0.00 $4,950.00 24-133-100-0009-00 1875 ROBERTS ST NEWKIRK ELECTRIC A 1875 ROBERTS ST MUSKEGON Ml 49442 $9,755.10 $0.00 $9,755.10 24-133-200-0001-00 1225 LAKETON AVE EARTHGRAINS COMP 8400 MARYLAND AVE ST LOUIS MO63105 $3,204.00 $0.00 $3,204.00 24-133-200-0005-00 1842 ROBERTS ST LORIN INDUSTRIES 1960 ROBERTS ST MUSKEGON Ml 49442 $1,944.00 $0.00 $1,944.00 24-133-200-0007-00 1894 ROBERTS ST KERSCO DIVISION INC 1960 ROBERTS ST MUSKEGON Ml 49442 $7,168.50 $0.00 $7,168.50 24-133-200-0008-00 1960 ROBERTS ST LORIN INDUSTRIES 1960 ROBERTS ST MUSKEGON Ml 49442 $5,812.20 $0.00 $5,812.20 24-215-014-0001-00 1975 ROBERTS ST LORIN INDUSTRIES 1960 ROBERTS ST MUSKEGON Ml 49442 $2,090.88 $0.00 $2,090.88 TOTALS $34,924.68 $0.00 $34,924.68 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS ~~~ r~ ,,ciL ..... 10/1 /oz... CITY COMMISSIONER DATE &do#~ BILL LARSON 10/f/o .2:.., CITY COMMISSl6NER DATE 9/27/02 Page 1 of 1 Commission Meeting Date: October B, 2002 Date: September 27, 2002 To: Honorable Mayor and City Commissi.on~ From: Planning & Economic Development ?{J__) RE: Request for final Planned Unit Development approval for 1350 Hackley Ave. (Hackley Glen). SUMMARY OF REQUEST: Request for final approval for the Planned Unit Development and associated site, landscape and utility plans for the current Hackley Glen property, for a mixed-use residential development, containing senior, family apartment and possible future condominium units. The request is from Ruddiman Associates Limited Partnership. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the final PUD and associated plans provided that the conditions listed in the attached resolution are met. COMMITTEE RECOMMENDATION: The Planning Commission recommended final approval of the PUD and associated plans, with the conditions listed on the attached resolution, at a special meeting on 9/26. The vote was unanimous, with S. Warmington, B. Smith, M. Kleaveland and J. Aslakson absent. 9/27/2002 w z~~·· ;: Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION SPECIAL MEETING September 26, 2002 Hearing; Case 2002-39: Request for final Planned Unit Development approval for a mixed- use housing development at Hacldey Glen, 1350 Hacldey Ave., by Ruddiman Associates Limited Partnership. BACKGROUND Applicant: Ruddiman Associates Limited Partnership Request: Final PUD approval for a mixed-use housing development. Present Land Use: Housing development Zoning: RM-I, Low Density Multiple-Family Residential STAFF OBSERVATIONS - PLANS ALREADY DISTRIBUTED SEPARATELY FOR THIS I. The preliminary PUD and conceptual site plan for this proposed redevelopment were approved by the Planning Commission on August 15, 2002 and by the City Commission on August 27, 2002. The applicants are now asking for a final PUD approval, including final approval of their site plan. 2. The applicant is proposing a mixed-use housing development in several phases. The first two phases, for which they are seeking a Planned Unit Development (PUD) approval at this time, include a senior housing complex as well as 2-story multi-family apaiiment units. Future development on the property is proposed to include additional multi-family apaiiment units and possible condominium units as well. 3. Since the previous meeting, the applicant has addressed several issues that various City depaiiments had with the conceptual plan. These concerns included locations of relocated utilities for the development and access to those utilities, fire access for the senior housing complex, and the amount of open space that both the City and MSHDA (Michigan State Housing Development Authority) required for the development. 4. The proposed development includes the complete vacation of Glenmoor St. and of Willow St., and capping or relocation of the existing utilities underneath these streets. The Department of Public Works is satisfied that all concerns regarding existing utilities in these streets have been addressed by the developer on the enclosed utility plan and will continue to work with them regarding any utility issues that come up during construction of the development. 5. The street vacation requests for Glenmoor and Willow Streets will be on the regular October Planning Commission agenda. Staff has no objections to vacating either of these two streets, given the utility and fire access issues that have been addressed by the developers. City of Muskegon Planning Commission - 9/26/02 I 6. A signed easement agreement has been provided to staff for the relocated utilities on the site. However, the agreement does not list legal descriptions for these easements, instead refening to an exhibit which shows them on a map. The easement agreement should be amended to include exact legal descriptions for all utility easements. 7. The City Engineer had asked the developers to provide an easement for a right-of-way across their property to a portion of vacant, City-owned property to which there currently is no access. The developer had verbally agreed to this, and the location of the easement is shown on the site plan. A dedicated easement agreement for a legally described right-of-way needs to be provided, signed and recorded. 8. There are two proposed free-standing signs for the development. One is located at the corner of Hackley Ave. and Parslow St., near the welcome center and the other is located further down Hackley Ave., at the other entrance to the complex. The Zoning Ordinance allows one free- standing sign per major road frontage for residential developments and although Hackley Ave. is a major street, Parslow St. is not. Therefore the ordinance would only permit one free- standing sign for this development. However, as a PUD, the Planning Commission has some flexibility to allow additional signage if they feel it is wan-anted. The two signs are proposed to be identical in size and appearance and are shown on the site plan. 9. Staff has reviewed the submitted final site plan and has the following comments: a. The site plan is very thorough, but staff did note a few minor adjustments/changes which should be addressed by the developer. b. Although the interior street names are shown on the plan, the exterior streets (Hackley Ave., Parslow St.) need to be labeled as well. c. Since the development is located on a corner, there are required front setbacks along both street frontages. The building setbacks along Parslow St. are shown to be approx. 23 feet, which meets ordinance requirements for the RM-I district (20-foot requirement). A 10-foot average greenbelt needs to be provided along Parslow as well - this needs to be shown on the site plan. The building setback along Hackley Ave. is shown as at least 70 feet for the proposed senior center. No building setback is shown for the proposed Welcome Center. A I 0-foot average greenbelt needs to be provided along Hackley as well and needs to be indicated on the site plan. d. Although dimensions of the proposed are shown on the building floor plan layouts included in the information provided by the developer, they need to be indicated on the site plan as well. e. The numbers of spaces in each area of parking is labeled on the site plan - two of these appear to be inaccurate. The lot to the west of the proposed senior center shows 12 actual spaces where it is labeled' 1O', and 15 spaces where it is labeled '12'. This should be conected. f. There are 112 units in the proposed senior center, which requires 224 parking spaces by ordinance requirements (2 spaces per unit for multi-family uses). Two spaces per unit seems excessive for a use where most of the inhabitants probably do not drive or own cars. This use could be looked at more similarly to a convalescent home, which only requires one space for each 4 beds and one space for every 3 employees. The site plan shows 118 parking spaces provided for the 112 units, and staff is satisfied that this should be sufficient City of Muskegon Planning Commission - 9/26/02 2 parking for the senior center. g. There are 8 'cottage' units shown on the plan. It is unclear on the site plan where the required parking spaces are to be provided for these units, as only one parking area of 6 spaces is shown. The developers have indicated that each cottage unit will have a garage and a driveway providing a total of 2 spaces per unit, and the extra 6 spaces are intended as visitor parking. This would meet ordinance requirements and should be clearly indicated on the site plan. h. There are 151 proposed apartment units, which would require 3 02 parking spaces. The site plan indicates that 315 spaces are provided - staff counted a total of 298, plus 20 spaces for the welcome center. Staff is satisfied that the parking requirements for the apartment units have been met. 1. The Zoning Ordinance requires that maneuvering lanes for parking areas be at least 22 feet wide. Some of the lanes shown on the site plan are only 20 feet wide. However, as the ordinance only requires parking spaces to be 18 feet long, some of the spaces shown as 20 feet long could be shortened to provide the additional 2 feet of maneuvering space. This should be indicated on the site plan. J. The only adjoining properties to this site are other multi-family developments, so no screening is required from these adjoining properties. k. The applicant has provided a stormwater management plan for the site. The site plan shows one proposed stormwater detention area on the west side of the development. The developers had discussed with the City Engineer a second stormwater detention area to the north of the development, which is described in the stormwater management calculations, but is not shown on the site plan. Even though this area would be in the portion of the development labeled "Phase III" which is not to be developed at this time, the stormwater detention area needs to be shown as it will contain stormwater from earlier phases of the development. The City Engineer will need to approve the stormwater management plan. I. Sidewalks are shown on the site plan throughout the development as well as along Hackley Ave. A 6' bike lane is also proposed to be located along the 'ring road' around the development (Rosewood Ln., Woodcreek Ave., and Van Dinther St.). This lane would be posted with 'no parking' signs in order to keep clear for bicycle or pedestrian traffic. However, the sidewalks are not labeled, and are shown as light gray lines which are difficult to pick out on the plan. They should either be labeled or shown with darker lines in order to call out specifically where all proposed and existing sidewalks are located. m. A 26 foot access drive has been added to the site plan for emergency access to the rear of the proposed senior center, and the parking lots smTounding the senior center now show 26-foot wide access lanes as well. This meets fire code requirements for the senior center. The Fire Marshal wants to make sure that access to all structures remains unobstructed during demolition and new construction at all times for fire access. He has also stated that he requires that all of the water supply shall remain in service. A flow test will be required after installation of the 8" water main. The development must comply with IFC Appendix B, Table B 105.1 for minimmn required fire flow and flow duration for buildings. Flow test results shall be submitted to the Fire Marshal and the Dept. of Public Works after the test. n. There are two 'tot lots' proposed for the development, both toward the east side of the City of Muskegon Planning Commission - 9/26/02 3 development. Given that there is quite a bit of open space near the center of the development, staff feels that one of the lots could be relocated more centrally within the development in order to be more accessible to residents on the west side. Alternately, a third tot lot could be provided toward the west side of the development to accommodate those residents. o. The proposed landscape plan shows that many of the existing trees are proposed to be retained. These are clearly marked on the plan. Additional landscaping is shown on the plan as well, as well as a typical landscape plan for the apartment buildings. Sizes and species of the proposed landscape materials are shown and satisfactorily meet ordinance requirements. p. The zoning ordinance requires that parking lots exceeding 5,000 square feet be landscaped with extra islands or bump-outs. Many landscape islands and bump-outs are shown on the site plan, but these should be landscaped where possible. Staff understands that snow storage is also an issue, but several of the larger islands could be landscaped, along with some of the smaller ones and bump-outs as well. PHOTOS "r- Existing apartment office and existing trees (near where senior facilities would be located). Some of the existing apartment units. Existing area with mature trees and benches off of Hackley Avc. View of existing development from Hackley Ave. City of Muskegon Planning Commission - 9/26/02 4 DELIBERATION Standards for discretionary uses: (emphasis provided) 1. Give due regard to the nature of all adjacent uses and structures and the consistency with the adjacent use and development. 2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of increased traffic, noise, vibration, or light. 3. Adequate water and sewer infrastructure exists or will be constructed to service the activity. 4. The proposed site plan complies with section 2313 (4) of the ordinance and has: a. proper ingress and egress b. sufficient parking areas, streets, roads and alleys c. screening walls and/or fences d. adequate fire and police protection e. provisions for disposal of surface water run-off, sanitary sewage f. adequate traffic control and maintenance services g. preserves property values to related or adjoining properties. City of Muskegon Planning Commission - 9/26/02 5 CITY OF MUSKEGON RESOLUTION #2002-114 (a) RESOLUTION FOR FINAL PLANNED UNIT DEVELOPivfENT APPROVAL FOR 1350 Hackley Ave. (current Hackley Glen site) WHEREAS, a petition for a planned unit development was received from Ruddiman Associates Limited Partnership and, WHEREAS, a planned unit development will allow a mixed-use residential development, containing senior, family apartment and possible future condominium units; and, WHEREAS, the planned unit development received preliminary approval from this City Conunission on August 27, 2002; and, WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Conunission and by the City Conunission to consider said petition, duriog ·which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Conunission and staff have recommended approval of the final Planned Unit Development and associated site, landscaping and utility plans with conditions as follows:. 1. Any buildings from the existing development remaining after Phases I and II are complete will be demolished once residents have been relocated to the new buildings. A copy of any assurances given to MSHDA or other entities regarding this will be provided to staff. 2. The developer and management will work with the current tenants of the development to ensure a smooth transition as building demolition and new construction occur. 3. Access to all structures shall remain unobstructed duriog demolition and new construction at all times for fire access. All of the water supply shall remain in service. A flow test will be performed after installation of the 8" water main. The development must comply with IFC Appendix B, Table Bl05.l for minimum required fire flow and flow duration for buildings. Flow test results shall be submitted to the Fire Marshal and the Dept. of Public Works after the test. 4. An easement agreement for a legally described, dedicated private easement to the vacant, City-owned property to the west of the subject property needs to be provided, signed and recorded. 5. . The provided easement agreement for utility easements needs to be amended to include specific legal descriptions for all proposed utility easements. 6. A revised site plan needs to be submitted for final staff approval. The revised plan shall include: a. The names of the exterior streets shall be shown on the plan. b. Ten-foot greenbelt buffers need to be shown along both the Hackley Ave. and Parslow St. frontages. The building setback for the Welcome Center from Hackley Ave. needs to be shown as well. c. Building dimensions need to be indicated on the site plan, or in an attached narrative. d. The inaccurate labels for parking space totals need to be corrected. e. The proposed garage and driveway parking spaces for the cottage units need to be shown or labeled on the plan. f. All maneuvering lanes shall be a minimum of at least 22 feet wide and need to be labeled as such on the site plan. g. The proposed stormwater detention area to the north of the development must be shown and clearly labeled on the site plan. The proposed storrnwater management plan is subject to final approval from the City Engineer.. h. All proposed sidewalks must be either noted with darker lines or labeled clearly on the site plan. The sidewalk plan will reflect what is shown on the landscape plan, with connections through to the main streets. i. One of the tot lots needs to be relocated more centrally in the development, or a third tot lot needs to be provided that will be more accessible to residents on the west side of the .development. j. Additional landscaping in landscape islands and/or bump-outs needs to be shown on the landscape plan. NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City Planning Commission be accepted and the final planned unit development is hereby approved with conditions. Adopted this 8th day of October, 2002 Ayes: Buie, Gawron, Larson, Schwei fl er, Shepherd, Spataro, Warmington Nays: None Absent: None Attest: L Gail A. Kundinger, MMC, C ' t.A...J Clerk CERTIFICATE (Final PUD for 1350 Hackley Ave.) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 8th day of October, 2002, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: Q ~ I (,, , 2002. Lo~~ 0 Gitil A. Kundinger,~ Clerk, City of Muskegon CITY COMMISSION MEETING Tuesday October 8, 2002 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Chief of Police DATE: October I, 2002 SUBJECT: Purchase of Computer Hardware SUMMARY OF REQUEST: Police Department staff requests that the Commission approve the use ofFY2000 Local Law Enforcement Block Grant Funds to purchase new computer hardware. Working in conjunction with the Information Technology Department, a data system has been designed for use within the Police Department that will allow for the following: • Software updates from a central location-saving staff time and money • The development of a secure MPD database-allowing for potential web applications. • Communication to outside organizations runs through one access point-providing for greater security and management. • A new high capacity backup unit. • Increased life expectancy for our PC's • The groundwork for a system that would allow for wireless downloads of reports from the cruisers. FINANCIAL IMPACT: Cost for this system is $28,211. There is no impact on General Fund monies. This grant expires at the end of this month. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. Muskegon Police Department Advanced Software Management Solution •. Workstation Reports All reports could inttially be created on a secure Database MUPD database, then a copy sent to dispatch. This allows us easy access to data using modem technology. This affords us the ability to offer news agencies, Jaw firms and other organization that currently lookup this data, the ability to use the web for a fee. Outside organizations save because onsite Workstation visits are no longer necessary. Norton Shores Workstation replacement costs will be reduced - the majority of processing power Workstation for applications will come Heights from the Citrix Server. Theoretically, the life High Capacity Citrix ~rver expectancy of new systems 1 I n,.··•••"'1• ,,01 Backup Unit (3,800) (6,435 for ardware) (11,640 for softwa e and training) would double from 2 to 4+ years. Average life span of a Workstation computer system currently at 2 to 3 years. Primary Domain Controller/ Server could be retired. This system would be used as a All applications run on this Cltrix server. backup domain controller Communication to outside organizations reduced without data storage or to one access point - this allows for greater strictly for Records security, tracking and management Management. Workstation Because all applications run on this server, software updates occur once, on the server - this saves IT staff from having to visit each PC during Costs upgrades, etc. Citrix Server Software & Training: $11,640 Centrally managed software vs. workstation Cttrix Server: $6,435 managed software means all users are running MUPD Server. $6,4¥i exactly the same software as their co-worker. Tape Drive: $a;ee& -.370.1. oa NewMUPO Provides greater peer support and Central Server understanding. All Data other than Records Total $28,310 ($6,435) ~------- --- ~~ - - - ----~-·- Vendor Recommendation The Information Technology Department has recommended the purchase of the following hardware from the following vendors based upon the quotes received: Citrix Server Software and Training $11,640 CDW 230 North Milwaukee Avenue Vernon Hills, IL 60061 Servers (2) $12,870 Dell Corporation Austin, TX High Capacity Tape Drive $ 3,701 CDW 230 North Milwaukee Avenue Vernon Hills, IL 60061 Maurer, Jim From: Dave Bulkley [dbulkley@1nee.com] Sent: Friday, September 27, 2002 2:15 PM To: Maurer, Jim Subject: Citrix Quote 001.xlt (978 KB) Jim, Here's a new quote listing both options for the CTX-1221 training class at either New Horizons or Async Associates. Talk to you soon. Regards, Dave Dave Bulkley Citrix Product & Licensing Consultant National Computer Enterprises - NCE Phone: 586-532-6231 ext 111 Fax: 586-532-0615 Cell: 586-420-8605 dbulkley@lnce.com 1 ___ Ntt ..,_ .. l ""I I ' MD- ~. t,-jf!J,di_ AAnOl'IAL COi,\ ..,..,.,,., .·.::::;.··::;;;::::· Proposal!_l}_d__Q_uolc1tion OQ1 ,,m @.1¥.t;;;:;:.:-: :-:-:-:.<:;-f.%fo.::::'W$.::":? ~:?¾if.W:WM#W:!~:f@$:::':xi%MW.M:%.B:::'#t[f%filffft:?:ill~~1':tw'f&K"@,fi'?:@'@:~ ;an,e: Jim Maurer Date:~ !Compaiy: City OI' Uuslcegeon !Nation~ Compute!'" Ent«prise$ 231·724-6964 ,ilmd8sllorellnedty.c:om llusll:!fton, 11 Office: (586J 512-IZ!1 EW2Z(pS0020 -MeiaFral'Tle XPS°:- St11rtef 8YStl!!m With SUbserlptlon AdV11ntage (20 Users) $(,139,001 2 EW2,ctSOOt0 MetaFrame XPs: 10-Uset Connection License Pack $2.('69.70: S2,069.70 CTX-1221 MetaFnime XPs 1.0 Windows Admlnlstn1tor's cIau• {4-08y Class) $2.295.00 $6,885.00 ss, 100.00 • CTX-1221 MetaFrame XPs 1.0 Windows Administrator's Class .. (4-0ay Ch:iu) $1,700.00 •tr--.g- Oil Allyne -ocl.t• 1. . t r ~ ..... •N-w-Hor.tro. . "·" Nahonal Computer Enterprises Ann: Dave Bulkley Fa,c#: (586) 532--0615 OH1ce· (586) 532-6231 f • 0 ~µ f T Ir .• ~ 9 .. ~ ~ f Ji' \i~l'I!7in i; n 'Ii S' • ! ~ ~ • • g" • ~ "i J§ ' i 8 « \:; i • ! •• • • • • ••X ••X f '· Ir ~ ;; •;; ~ 8 ! i 3 • ~ n I ;· I ~ ~ i! ~ ~ ,, 0 a, " I \ C ~ ~ t. ;:- n ' •~ l~= ·,. ~ 0 ~ ;;: "5' ~ \1 ., ::::: ; i ! t \~ ! ::::: " t~ • 0 ,, f- ~ 0 ~ 0 ;" 8 ~ ~ .r • 8 ~ lw i "!!!. ~ ~ C. .! "~ C f ~ ;;· ~ \; 0 \ :1 r ;, j § I! ~ Maurer, Jim From: Dave Bulkley [dbu1kley@1nce.com] Sent: Thursday, September 26, 2002 1:59 PM To: Maurer, Jim Subject: Citrix Quote 001.xlt (978 KB) Jim, Attached please the quote for your Citrix software. I HIGHLY recommend the CTX-1221 course through Brian Carnbier at Async Associates. From my experience, he is regarded as one of the best Citrix Certified Instructors (CCI) in the nation. His class might be a little more than others, but it is excellent while others are just average. Take my word for it. I'll follow up with you soon. Regards, Dave Dave Bulkley Citrix Product & Licensing Consultant National Computer Enterprises - NCE Phone: 586-532-6231 ext 111 Fax: 586-532-0615 Cell: 586-420-8605 dbulkley@lnce.com 1 Maurer, Jim From: Dell Online Sales (commerce_opspagemaster@dell.com] Sent: Monday, September 23, 2002 2:19 PM To: Maurer, Jim Cc: Maurer, Jim Subject: Dell Computer - Saved Quote Information Dear JIM MAURER, This requisition for computer equipment from Dell Computer Corporation has been sent to you from jason.boes@shorelinecity.com. An E-Quote has been saved in their name at the Dell Online Store for you to review and approve. This E-Quote will be held for 45 days to allow for completion of the order. E-Quote Information E-Quote Number: E002212782 Replaced E-Quote Number:_ E-Quote Name: dell CITRIX server Saved By: JASON BOES Saved On: Monday, September, 23, 2002 Expires On: Thursday, November, 07, 2002 Your Comments: CITRIX server E-Quote Description: CITRIX server rackmount E-Quote Items Item#: 1 Description: Base--PowerEdge 2600, Intel Xeon 2.4GHz/512K Cache Quantity: 1 Single Item Cost: $6,435.00 Sub-Total for Item: $6,435.00 Grand-Total: $6,435.00 To retrieve this E-Quote 1. Visit the web site at Dell.com 2. Enter the online store for Michigan State Store 3 . Click on "retrieve an E-Quote u 4. Fill out the retrieval screen as follows and press continue: E-Quote Number: E002212782 E-Quote Name: dell CITRIX server E-Mail Address: jason.boes@shorelinecity.com The E-Quote Number and one of the other identifiers listed (E-Quote Name, E-Mail Address) are required to access this cart. Thanks for shopping the Dell Online Store and for using our E-Quote service. We hope you find it useful in making your purchase and will continue to think of Dell.com for all of your computing needs. Sincerely, Dell Online Sales 1 Maurer, Jim From: patobri@cdwg.com Sent: Monday, September 23, 2002 12:26 PM To: Maurer, Jim Subject: CDW-G Quote HW96477 Jim - The training is offered in a couple of locations, but I thin k the Chicago area one is closest to you. Other locations a re Allentown, PA; Orlando, FL; Ft. Lauderdale, FL; and Cali. If you ordere the training before Oct. 7 the price is only$ 1280. Thanks! This e-mail best viewed in a fixed font such as Courier. JIM MAURER Thank you for choosing CDW-G for your computing needs. Following are the details of your quote. Quote Date: 9/23/2002 Quote Number: HW96477 P.O. Number: CITRIX QUOTE customer#: 1856159 Payment Terms: MasterCard/Visa Govt Shipped Via: UPS Ground QTY ITEM DESCRIPTION/MFG. PART NUMBER UNIT PRICE EXT. PRICE 1 393350 CITRIX MF XPS V2 START SYS 20U W/SUB 4560.00 4560.00 CRX-EW22XPS1020 1 277524 CITRIX MS XPS Vl.0 CONN PK l0U 2280.00 2280.00 CRX-EW24CLS0010 ..3 l. 369548 PPI 1221 CITRIX METAFRAME XP WIN ADM 1600.00 1600.00 PPI-10005487 Date: 09/23/02 Time: 08:30 Chicago, IL Event Id: 15436624 Subtotal 8,440.00 Sales Tax . 00 Freight .00 Total -8,446.00 /I, G,...,,:O Ship To: Bill To: CITY OF MUSKEGON JIM MAURER 933 TERRACE ST 933 TERRACE ST JIM MAURER MUSKEGON MI 49440-1348 MUSKEGON MI 49440-1348 If you find any discrepancies or I can be of further assistance, please feel free to contact me. PAT O'BRIEN 1 Direct line: 8778982997 Fax Number: 8473712184 E-Mail: patobri@cdwg.com Click here to purchase, amend or view this quote via your CDWG@work extranet: http:/www.cdwg.com/r.asp?n=27145&cdwquotenumber=HW96477 Please note that you will need a user name and password for our site in order to log on to your CDWG@work extranet. Need one? Get one at: http://www.cdwg.com/eaccount For future reference, you may also use your extranet to view· your order history and the status of all of your CDW-G orders. You can also use your extranet to view your quote history or retrieve new quotes. CDW-G(r) The Right Technology. Right Away. (tm) www.cdwg.com Corporate Headquarters: 230 N. Milwaukee Avenue Vernon Hills, Illinois 60061 1-800-808-4239 Business Hours: Monday-Friday, 7am-7pm Will Call Pick Up Hours: Monday-Friday, 9am-7pm (Vernon Hills) Monday-Friday, 8am-6pm (Chicago) Saturday, 9am-2pm (Vernon Hills) Saturday, Closed (Chicago) Sunday, Closed All information subject to CDW-G's terms and policies. For more details, contact a CDW-G account manager or go to http://www.cdwg.com/r.asp?n= 18531 2 Maurer, Jim From: Dave Bulkley [dbulkley@1nee.com] Sent: Wednesday, September 11, 2002 2:07 PM To: Maurer, Jim Subject: RE: Citrix CSN Contact Jim, Have you received the MetaFrame XP demo I sent you and if so, is there anything we can help you out with right now? I want to make sure your pilot goes successful and we'd like to support you if need be. Please let me know how everything's going. Regards, Dave -----Original Message----- From: Maurer, Jim [mailto:jim.maurer@shorelinecity.com] Sent: Monday, August 19, 2002 2:12 PM TO: 'Dave Bulkley' Subject: RE: Citrix CSN Contact Jim Maurer 933 Terrace Street Muskegon, MI 49443. -----Original Message----- From: Dave Bulkley [mailto:dbulkley@lnce.com] Sent: Monday, August 19, 2002 2:14 PM To: Maurer, Jim Subject: Citrix CSN Contact Jim, Thank-you for your time today. I'm confident we can show your people the advantages of Citrix as opposed to using PC's. Please forward me your address and we'll send you a demo copy of MetaFrame XPa. I'll call you on Thursday. Regards, Dave Dave Bulkley Citrix Product & Licensing Consultant National Computer Enterprises - NCE Phone: 586-532-6231 Fax: 586-532-0615 Cell: 586-420-8605 dbulkley@lnce.com 1 Michigan State Store: Customizing Your System Pagel of 2 1-800-981-3355 Current Orderform Retrieve E-Quote I: Help Michigan State Store Full Catalog I Software, Peripherals & Parts blank To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2. Click "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Ordertorm~ button at the bottom of the page to add your system to your Order Form. View Options: r View Drop-clown Usl ("" View al! System Options r. View Configuration Det; Price*:$6,435.00 Date: Monday, September 23, 2002 1:17:59 PM CST Cataloa Number: 84 Retail RC957164 Base: PowerEdge 2600, Intel Xeon 2.4GHz/512K Cache 26240. r 221-0240 1 Additional Processors: Single Processor Only 1P-f311-1193] Memory: 2GB DDR SDRAM (4X512MB) 12GB4D-f311-1786l Keyboard: Standard Windows Keyboard, Gray S-[310-16761 Monitors: No Monitor Option N • r 320-0058 l 1st Hard Drive: 36GB 1OK RPM Ultra 320 SCSI Hard Drive 610320. r 340-6863 l Primary Controller: PERC4/Di 128MB (2 Internal Channels) - Embedded RAID ROMB128 - f 340-6467 l Floppy: 3.5 in, 1.44MB, Floppy Drive FD - r 340-3640 1 Operating System: Windows 2000 Server with 5 Client Licenses,4GB Utility Partition "'2KSVR4 - r 420-0236 1 Mouse: Logitec Mouse.Gray i L- 310-3776 l Network Adapters: Intel Dual Port 10/100 IN1 OODP • I 430-0236 I CD-ROM: ry4X IDE CD-ROM CD24X · r 313-12811 BackPlanes: 1X6 Hot-Pluggable Backplane,PE2600 1X6BKPL- r 311-1839 l Documentation: Electronic Documentation,P2600 EDOCS • f 310-04381 12nd Hard Drive: 36GB 1OK RPM Ultra 320 SCSI Hard Drive 13610320 • r 340-6863 l Factory Configurations: Drives attached to embedded PERC4/Di, RAID 5, Min of 3 drives required MRSN • f 340-6472 1 Chassis Style: Versa Rails for Third Party Rack,PE2600 13RACKF • f 310-1724 l Hardware Support Services: 3Yr Parts+ Onsite Labor (Next Business Day) U30S • r 900-6220 900-6222 l Installation Support Services: No Installation NOINSTL • r 900-9997 l Power Supplies: Non-Redundant Power Supply,PE2600 NREDPWR • r 310-17271 <'Ith Hard Drive: 36GB 1OK RPM Ultra 320 SCSI Hard Drive S610320 • f 340-6863 l r3rd Hard Drive: http://rcommerce.us.dell.com/rcomm/config.asp?order_code=Wl 148&conum=84&ConfigType=3 9/23/2002 Michigan State Store: Customizing Your System Page 2 of 2 36GB 1OK RPM Ultra 320 SCSI Hard Drive 3610320 · I 340-6863 I Uninterrupted Power Supplies: Rack Mount 1400 UPS 120V ~U14UPS - f 310-6133] 1-800-981-3355 Current Orderform I Retrieve E-Quote I Help This configuration is presented for your convenience only. It is available for purchase by US customers who take delivery 1n the US. Dell will not be responsible for typographical or other errors or omissions regarding prices or other information. ,.. Prices and lease payments for products are subject to change without notice and DO NOT INCLUDE SHIPPING AND/OR HANDLING CHARGES OR APPLICABLE TAXES, Promotional offers and prices are for a lfmited time. Prices have been rounded to the nearest dollar for online display. Final order specifications and amounts, including tax and shipping, will be communicated following receipt of your online order. lf your organization has a special shipping arrangement with Dell, then you will not receive final, applicable shipping and tax amounts until you receive your order invoice. Please contact your organization's administrator or your Dell representative for details on any special shipping arrangements. 12 Please note that this Microsoft software product may use technological measures for copy protection. In such event, you will not be able to use the product if you do not comply with the product activation or reactivation procedures, which may be completed by Internet or telephone (loll charges may apply). For U.S. Customers Only. Copyright 2000 Dell Computer Corporation. AH Rights Reserved. Terms of Use I Terms and Conditions of Sale I Online Privacy Practices Monday, September 23, 2002 1:17:59 PM CST http://rcommerce.us.dell.com/rcomm/config.asp?order_code=Wl l 48&conum=84&ConfigType=3 9/23/2002 Maurer, Jim From: patobri@cdwg.com Sent: Tuesday, September 24, 2002 10:50 AM To: Maurer,Jim Subject: CDW-G Quote HX21859 Here's pricing for the Quantum SDLT drive. Thanks! This e-mail best viewed in a fixed font such as Courier. JIM MAURER Thank you for choosing CDW-G for your computing needs. Following are the details of your quote. Quote Date: 9/24/2002 Quote Number: HX21859 P.O. Number: SDLT QUOTE Customer#: 1856159 Payment Terms: MasterCard/Visa Govt Shipped Via: UPS Ground QTY ITEM DESCRIPTION/MFG. PART NUMBER UNIT PRICE EXT. PRICE 1 399963 QUANTUM SDLT 320 SUPER DLT EXT LVD 3 701. 42 3701. 42 QTN-TRS23BA-YF Subtotal 3,701.42 Sales Tax .00 Freight .00 Total 3,701.42 ---------=----==--====-=====--====-----==----==--================--====-=====--- Ship To: Bill To: CITY OF MUSKEGON JIM MAURER 933 TERRACE ST 933 TERRACE ST JIM MAURER MUSKEGON MI 49440-1348 MUSKEGON MI 49440-1348 If you find any discrepancies or I can be of further assistance, please feel free to contact me. PAT O'BRIEN Direct line: 8778982997 Fax Number: 8473712184 E-Mail: patobri@cdwg.com Click here to purchase, amend or view this quote via your CDWG@work extranet: http:/www.cdwg.com/r.asp?n=27l45&cdwquotenumber=HX2l859 Please note that you will need a user name and password for our site in order to log on to your CDWG@work extranet. Need one? Get one at: http://www.cdwg.com/eaccount For future reference, you may also use your extranet to view your order history and the 1 status of all of your CDW-G orders. You can also use your extranet to view your quote history or retrieve new quotes. CDW-G(r) The Right Technology. Right Away. (tm) www.cdwg.com Corporate Headquarters: 230 N. Milwaukee Avenue Vernon Hills, Illinois 60061 1-800-808-4239 Business Hours: Monday-Friday, 7am-7pm Will Call Pick Up Hours: Monday-Friday, 9am-7pm (Vernon Hills) Monday-Friday, 8am-6pm (Chicago) Saturday, 9am-2pm (Vernon Hills) Saturday, Closed (Chicago) Sunday, Closed All information subject to CDW-G's terms and policies. For more details, contact a CDW-G account manager or go to http://www.cdwg.com/r.asp?n= 18531 2 Date: October 8, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Amend the Special Assessment Roll Sidewalk Replacement Program 2002 (Area ES) SUMMARY OF REQUEST: The special assessment roll for the 2002 sidewalk program be amended to remove the following parcels from the recently adopted roll: • 1025 Allen (24-142-000-0043-00 • 1370 Langeland (24-750-000-0085-00) FINANCIAL IMP ACT: A total of $154,556.20 will be assessed against 296 parcels. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the amended special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2002-114( c) Resolution to Amend the Special Assessment Roll for THE 2002 SIDEWALK REPLACEMENT PROGRAM Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the properties set forth in Exhibit A attached to this resolution on February 12, 2002, 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. The original roll was adopted September 24, 2002, and it appears that the roll should be amended to remove the properties located at 1370 Langeland (parcel number 24-750-000-0085-00) and 1025 Allen (parcel number 24-142-000-0043-00). 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 amended roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: I. That the special assessment roll submitted by the Board of Assessors as amended is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at the rate of 5.00% per annum to be paid in addition to the principal payments on the special assessment. RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL FOR THE 2002 SIDEWALK REPLACEMENT PROGRAM 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: Lar~on, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron Nays: None City of Muskegon By Jiw✓ Q- ~~~ rk Gai l A. Kundinger, City ci CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002. City of Muskegon By G ~o/t 2~9~& EXHIBIT A SIDEWALK REPLACEMENT PROGRAM FOR 2002 SPECIAL ASSESSMENT DISTRICT The location of the special assessment district and the properties proposed to be assessed are: Those properties identified in the area listed below as having sidewalk deficiencies in which the owners have not completed the required improvements by June 1, 2002. All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to south, Getty St. to the west and Easterly City limits to the east in a addition to 995 Evanston, 1381, 1391 & 1405 Madison THE 2002 SIDEWALK REPLACEMENT PROGRAM (Area E-5) MAYOR'S ENDORSEMENT AND WARRANT I, STEPHEN 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. CITY OF Mus:wmill Bs: BROWN BOBBY W 1025 ALLEN AVE MUSKEGON, Ml 49442 Property Parcel Number: 24-142-000-0043-00 at 1025 ALLEN 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: H-1535 Sidewalk Replacement Program for 2002 Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, September 24th, 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 ON DECEMBER 11, 2001, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334- 6521). 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. Costs You had no work done by city contractors-please disregard the bill you received. The total cost of the project will be paid by special assessment to property owners. If the special assessment is confirmed, your property will be assessed $00.00 for the work performed. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5.00% First installment$00.00 Due Date: November 13th, 2002 i (Hl ' ' Affirmative Ac'tion (231)724-6703 FAX: (231)722-1214 Assessor/Equalization (231 )724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6783 FAX: (231)726-5617 City Manager (231)724-6724 FAX: (231)722-1214 SORENSEN LOUIS/BETTY 1370 LANGELAND Clvll Service • "1,' (231)724-6716 MUSKEGON, Ml 49442-2438 FAX: (231)7244405 Clerk (231)724-6705 Property Parcel Number: 24-750-000-0085-00 at 1370 LANGELAND AVE FAX: (231)724-4178 Community and Neigh. Services NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL (231)724-6717 FAX: (231)726-2501 Computer Info. Dear Property Owner: Systems (231)724-6744 The Muskegon City Commission has previously approved the project described below and will now FAX: (131)722-4301 consider final confirmation of the special assessment roll: Engineering Dept, (231)724-6707 H-1535 Sidewalk Replacement Program for 2002 FAX: (231)727-6904 Finance DepL Public Hearings (231)724-6713 FAX: (231)724-6768 A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, Fire Department September 24th, 2002 at 5:30 P.M, You are entitled to appear at this hearing, either in person, by (231)724-6792 agent or in writing to express your opinion, approval, or objection concerning the special assessment FAX: (231)724-6985 Written appearances or objections must be made at or prior to the hearing. Income Tu: (231)724-6770 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT FAX: (231)724-6768 EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT Inspection Services IS CONFIRMED ON DECEMBER 11, 2001, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE (231)724-6715 OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL FAX: (231)728--4371 (517-334-6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR Leisure Services BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE (231)724-6704 MICHIGAN TAX TRIBUNAL WILL BE LOST. FAX: (231)724-1196 Costs YOU HAD NO WORK DONE BY CITY CONTRACTORS-PLEASE DISREGARD PREVIOUS BILL Mayor's Office (231)724-6701 The total cost of the project will be paid by special assessment to property owners. If the special FAX: (?31)722-1214 assessment is confirmed, your property will be assessed $000.00 for the work performed. Following Planning/Zoning are the terms of the special assessment: {231)724-6702 FAX: (231)724-6790 Assessment Period: Ten (10) Years Interest Rate: 5,00% Police Depl11rtmenl (231)724-6750 First installment$00.00 FAX: {231)722-5140 Due Date: November 13th, 2002 PubUc Works Dept. (231)724--U00 FAX: (231)722-4188 Treasurer's Office (231)724-6720 FAX: {231)724-6768 Water Bllllng Dept. (231)724-6718 FAX: (231)724-6768 W11er FUtrallon (231)724-4106 FAX: (231)7S5--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 un.Vl.v ~hnrPlinPritv rnm 0 AMENDED SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-680-000-0013-00 1259 ADA AVE PICARD LAURA J 1259ADAAVE MUSKEGON Ml $397.50 24-680-000-0009-00 1272 ADA AVE PECK BRUCE 1272 ADA AVE MUSKEGON Ml $265.00 24-250-000-0092-00 1086 ADA AVE HARKER PATRICK J 1086ADAAVE MUSKEGON Ml $132.50 24-250-000-0089-00 1068 ADA AVE SCOTT DOUGLAS L 1068ADAAVE MUSKEGON Ml $861.25 24-250-000-0086-00 1048 ADA AVE DREESE MONTE G/KENDRA 1048ADAAVE MUSKEGON Ml $530.00 24-250-000-0105-00 1025 ADA AVE PAIGE BETTY J/HARRY 1025ADAAVE MUSKEGON Ml $575.05 24-250-000-0103-00 1037 ADA AVE JOLMAN BRADLEY 1037 ADA AVE MUSKEGON Ml $466.40 24-250-000-0102-00 1043 ADA AVE ROGERS RICHARD D/MONIQUE 1043 ADA AVE MUSKEGON Ml $201.40 24-250-000-0100-00 1055 ADA AVE BAKER DANIEUSTEPHANIE 1055 ADA MUSKEGON Ml $251.75 24-250-000-0099-00 1059 ADA AVE LEE LYNELL U 1059ADAAVE MUSKEGON Ml $728.75 24-250-000-0098-00 1067 ADA AVE BOWMAN JOHN J/PUTNAM JUDI 1067 ADA AVE MUSKEGON Ml $265.00 24-250-000-0096-00 1081 ADA AVE SCAIFE CALVIN 3433 EVANSTON AVE MUSKEGON M[ $265.00 24-250-000-0094-00 1093 ADA AVE WALTON GWENDOLYN E 1093ADAAVE MUSKEGON Ml $397.50 24-250-000-0122-00 913 ADA AVE KITCHEN MARK A/DELPHINE E 913ADAAVE MUSKEGON Ml $795.00 24-250-000-0067-00 924 ADA AVE LANDACRE PAMELA 924ADAAVE MUSKEGON Ml $530.00 24-250-000-0068-00 930 ADA AVE JOHNSON JEREMIAH J 930ADAAVE MUSKEGON Ml $742.00 24-250-000-0069-00 934 ADA AVE POTTER MARIE E 934ADAAVE MUSKEGON Ml $636.00 24-250-000-0070-00 942 ADA AVE GENTER FAMILY LIVING TRUST 1915 FRANCIS AVE MUSKEGON Ml $1,049.40 24-250-000-0071-00 948 ADA AVE KILGORE LEONA M 948 ADA AVE MUSKEGON Ml $397.50 24-250-000-0073-00 966 ADA AVE INGRAM SONYA L 966 ADA AVE MUSKEGON Ml $132.50 24-250-000-0076-00 984 ADA AVE BECKER JOHN/DANETTE 984 ADA AVE MUSKEGON Ml $1,802.00 24-250-000-0078-00 990 ADA AVE DODGE WILLIAM F 990ADAAVE MUSKEGON Ml $397.50 24-250-000-0134-00 829 ADA AVE DOUBLES GEORGE 1351 MARIANNE AVE MUSKEGON Ml $265.00 24-250-000-0132-00 839 ADA AVE IKENS Y/MEDENDORP S/BLAKE 318 HOUSTON AVE MUSKEGON Ml $132.50 24-250-000-0131-00 845 ADA AVE MEANS DANEE E 2109 JARMAN MUSKEGON H Ml $132.50 24-851-003-0001-00 1210 ALLEN AVE COBB FRANK/EDMONSON/TRO 801 MILLS MUSKEGON Ml $265.00 24-850-002-0006-00 1260 ALLEN AVE PERRY CONNIE L 1260 ALLEN AVE MUSKEGON Ml $148.40 24-785-000-0027-00 1316 ALLEN AVE ODNEAL ROBERT 1316 ALLEN AVE MUSKEGON Ml $265.00 24-785-000-0023-00 1340 ALLEN AVE MAJOR DEBRA A 1340 ALLEN MUSKEGON Ml $422.21 24-850-001-0012-00 1297 ALLEN AVE PEREZ AGAPITO 1297 ALLEN MUSKEGON Ml $530.00 24-785-000-0002-00 1315 ALLEN AVE DENGLER ESTHER A/ET AL 1315 ALLEN AVE MUSKEGON Ml $132.50 age 10/02/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-785-000-0005-00 1345 ALLEN AVE MOORE INVESTMENT PROPER PO 5377 MUSKEGON Ml $283.55 24-785-000-0008-00 1351 ALLEN AVE PALMER MARION 1351 ALLEN AVE MUSKEGON Ml $132.50 24-121-300-0183-00 1186 ALLEN AVE ROSEARDIEC 484 MCLAUGHIN AVE MUSKEGON Ml $588.30 24-121-300-0178-00 1148 ALLEN AVE DAKE JOSEPH 1148 ALLEN AVE MUSKEGON Ml $265.00 24-121-300-0177-00 1132 ALLEN AVE FLEET MORTGAGE CORP 11200 W PARKLAND AVE MILWAUKEE WI $636.00 24-121-300-0186-00 1131 ALLEN AVE CUNNINGHAM LAWAUN 1131 ALLEN AVE MUSKEGON Ml $705.76 24-121-300-0188-00 1145 ALLEN AVE TILLEMA GLEN A 2044 S WALKER RD MUSKEGON Ml $874.50 24-121-300-0190-00 1155 ALLEN AVE JORDAN MYRTLE H 1153 ALLEN AVE MUSKEGON Ml $397.50 24-121-300-0144-00 849 ALLEN AVE TRAYLOR LINDA C 849 ALLEN AVE MUSKEGON Ml $265.00 24-121-300-0143-00 845 ALLEN AVE COLLIE ALLEN J 845 ALLEN AVE MUSKEGON Ml $265.00 24-121-300-0128-00 830 ALLEN AVE WHITE GARY JR 830 ALLEN AVE MUSKEGON Ml $265.00 24-121-300-0129-00 838 ALLEN AVE ERICKSON AUDREY 1949 RIEGLER RD MUSKEGON Ml $121.63 24-121-300-0132-00 868 ALLEN AVE COACH MATILDA 868 ALLEN AVE MUSKEGON Ml $516.75 24-142-000-0051-00 1085 ALLEN AVE THOMAS HOLMAN/MAY DELL 1085 ALLEN AVE MUSKEGON Ml $879.80 24-142-000-0048-00 1061 ALLEN AVE KITCHEN SHEILA 1061 ALLEN AVE MUSKEGON Ml $132.50 24-142-000-0042-00 1015 ALLEN AVE BANK OF NEW YORK 101 BARCLAY ST NEW YORK NY $241.15 24-142-000-0040-00 1003 ALLEN AVE JOHNSON LATESHA 1003 ALLEN AVE MUSKEGON Ml $267.65 24-142-000-0030-00 982 ALLEN AVE BROWN IDELLIA 982 ALLEN AVE MUSKEGON Ml $552.06 24-142-000-0023-00 1044 ALLEN AVE IVORY BETTY 1044 ALLEN AVE MUSKEGON Ml $132.50 24-142-000-0021-00 1060 ALLEN AVE DAVIS WENDY/BETTS RASHON 1060 ALLEN AVE MUSKEGON Ml $132.50 24-142-000-0017-00 1084 ALLEN AVE MUSKEGON CONQUERING FAI 1084 ALLEN AVE MUSKEGON Ml $1,231.30 24-142-000-0006-00 999 AMITY CITY OF MUSKEGON 933 TERRACE MUSKEGON Ml $265.00 24-121-400-0005-00 1248 AMITY AVE BLACKMON PATRICIA 1248 AMITY AVE MUSKEGON Ml $265.00 24-121-400-0006-00 1270 AMITY AVE NEUMANN RICHARD 552 E BARD RD MUSKEGON Ml $530.00 24-121-400-0007-00 1280 AMITY AVE HILL LINDAA 1280 AMITY AVE MUSKEGON Ml $613.48 24-850-002-0012-00 1291 AMITY AVE COOPER ELI 5967 AIRLINE RD FRUITPORT Ml $132.50 24-785-000-0034-00 1359 AMITY AVE DOOLEY ARTHUR EARL 1359 AMITY AVE MUSKEGON Ml $397.50 24-785-000-0042-00 1397 AMITY AVE GILLIAM MARY A 1397 AMITY MUSKEGON Ml $265.00 24-121-300-0116-00 877 AMITY AVE ROBAR PAUL 1119SOPHIAST MUSKEGON Ml $530.00 24-121-300-0115-00 869 AMITY AVE MURAR DAVID A 869 AMITY AVE MUSKEGON Ml $132.50 24-121-300-0114-00 861 AMITY AVE RING LINDA L 861 AMITY AVE. MUSKEGON Ml $287.06 e 10 /01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-121-300-0067-00 824 AMITY AVE WYNN BOAZIE/GERALDINE 824 AMITY AVE MUSKEGON Ml $1,099.75 24-121-300-0071-00 850 AMITY AVE ROSS ANNIE L TRUST 850 AMITY AVE MUSKEGON Ml $861.19 24-121-300-0072-00 858 AMITY AVE SMITH JOHN K PO BOX 1422 MUSKEGON Ml $265.00 24-121-300-0061-00 892 AMITY AVE SMITH GEORGE T 892 AMITY AVE MUSKEGON Ml $2,252.50 24-121-300-0073-00 904 AMITY AVE BRIGGS JACQUELINE MOFFET 904 AMITY AVE MUSKEGON Ml $1,104.12 24-121-300-0074-00 918 AMITY AVE HIGLEY GERALD F 918 AMITY AVE MUSKEGON Ml $795.00 24-121-300-0076-00 934 AMITY AVE WILSON VINDA 934 AMITY AVE MUSKEGON Ml $265.00 24-142-000-0016-00 1093 AMITY AVE SUMLAR RANMERLEE 1093 AMITY AVE MUSKEGON Ml $265.00 24-142-000-0012-00 1051 AMITY AVE HUGHES PERRY 1051 AMITY AVE MUSKEGON Ml $132.50 24-142-000-0002-00 965 AMITY AVE BANKS GWENDOLYN 965 AMITY AVE MUSKEGON Ml $159.00 24-142-000-0001-00 961 AMITY AVE WALLACE CARUNICOLE 961 AMITY AVE MUSKEGON Ml $583.00 24-121-300-0092-00 966 AMITY AVE JACOBS BARBARA 966 AMITY AVE MUSKEGON Ml $927.50 24-121-300-0093-00 982 AMITY AVE DAVIS DELORES 3125 8TH ST MUSKEGON H Ml $415.12 24-121-300-0100-00 1048 AMITY AVE AUSTIN TONY S 1048 AMITY AVE MUSKEGON Ml $287.06 24-121-300-0105-00 1094 AMITY AVE BEACH ASHEL T/ESMERALDA 1094 AMITY AVE MUSKEGON Ml $481.39 24-121-300-0164-00 1111 AMITY AVE DAVIS LAWRENCE JR 1111 AMITY AVE MUSKEGON Ml $132.50 24-121-300-0165-00 1123 AMITY AVE LEGERTTAYLOR/WILLIE MAE T 1123 AMITY AVE MUSKEGON Ml $135.15 24-121-300-0168-00 1143 AMITY AVE SUHR BLANCHE J/MARILYN J 1143 AMITY AVE MUSKEGON Ml $122.76 24-680-000-0081-00 1301 APPLE BUNTY INC 1301 E APPLE MUSKEGON Ml $3,204.60 24-121-400-0025-00 1216 APPLE AVE POSTEMA MAX 1216 E APPLE AVE MUSKEGON Ml $662.50 24-850-001-0006-00 1258 APPLE AVE TEMPLE HARRY 1258 E APPLE AVE MUSKEGON Ml $397.50 24-850-001-0002-00 1280 APPLE AVE DIPLEY ROSE 1280 E APPLE AVE MUSKEGON Ml $132.50 24-850-001-0001-00 1294 APPLE AVE MCBRIDE ROBERT/WALKER NI 1294 E APPLE AVE MUSKEGON Ml $132.50 24-121-400-0027-00 1314 APPLE AVE APPLE INVESTORS LLC 1314 E APPLE AVE MUSKEGON Ml $686.35 24-121-400-0028-00 1328 APPLE AVE S L PROPERTIES 1314 E APPLE AVE MUSKEGON Ml $397.50 24-121-400-0034-00 1392 APPLE AVE VANSOLKEMA DAVID/MARY 4360 HACKLEY POINT LN MUSKEGON Ml $323.30 24-121-400-0035-00 1414 APPLE AVE WMCR CORPORATION PO BOX456 ALPENA Ml $1,457.50 24-730-000-0169-00 1436 APPLE AVE B K MUSKEGON PROPERTIES 4220 EDISON LAKES PKWY MISHAWAKA IN $397.50 24-121-300-0202-00 1176 APPLE AVE SCOTT JOYCE A 1176 E APPLE AVE MUSKEGON Ml $530.00 24-121-300-0200-00 1162 APPLE AVE MITCHELL JOHN 1162 E APPLE AVE MUSKEGON Ml $397.50 24-121-300-0197-00 1130 APPLE AVE JAMESON MARY E 1130 E APPLE AVE MUSKEGON Ml $132.50 10 /01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER ·24-121-300-0157-00 868 APPLE AVE TIMMER J SCOTT 301 E CIRCLE DR N MUSKEGON Ml $132.50 24-121-300-0161-00 908 APPLE AVE FRALY CRAIG/HOWE D 908 E APPLE AVE MUSKEGON Ml $132.50 24-121-300-0151-00 920 APPLE AVE HITTLE JAMES J 1321 KINGSLEY ST MUSKEGON Ml $132.50 24-121-300-0163-00 938 APPLE AVE MCEACHEN JAMES/BONITA 1439 EAST ST MUSKEGON Ml $265.00 24-128-200-0010-00 1333 APPLE AVE PRIMAX PROPERTIES LLC 1115 E MOREHEAD ST CHARLOTTE NC $3,733.62 24-142-000-0053-00 1090 APPLE AVE TOKARCZYK DANA 1090 E APPLE AVE MUSKEGON Ml $265.00 24-121-300-0198-00 1150 APPLE AVE BAKER MICHAEL D 1150 E APPLE AVE MUSKEGON Ml $132.50 24-680-000-0003-00 1279 APPLE AVE BLOCKBUSTER VIDEO PO BOX8009 MCKINNEY TX $1,120.95 24-128-200-0009-00 1317 APPLE AVE PUTHOFF C RICHARD 13 HARTFORD AVE PO BOX 8 MUSKEGON Ml $2,831.75 24-226-000-0033-00 1395 APPLE AVE BESSINGER ROLAND H 15460 WISTERIA LN SPRING LAKE Ml $3,577.50 24-390-001-0003-00 1111 APPLE AVE MATTHEWS CAROLYN 1111 E APPLE AVE MUSKEGON Ml $662.50 24-250-000-0029-00 941 APPLE AVE ZUZELSKI GREGORY A 941 EAPPLEAVE MUSKEGON Ml $817.06 24-250-000-0035-00 917 APPLE AVE SPANN SAMONE/BENN 917 E APPLE AVE MUSKEGON Ml $397.50 24-250-000-0038-00 897 APPLE AVE FRIES DONALD E 486 HILL AVE GLEN ELLYN IL $927.50 24-680-000-0057-00 1162 BURTON RD BAYLE TRICIA L 1330 5TH ST MUSKEGON Ml $132.50 24-680-000-0079-00 1036 BURTON RD PUTHOFF C RICHARD/SHARON 1400 LAKE SHORE CT MUSKEGON Ml $1,468.10 24-685-011-0001-00 1254 CALVIN AVE BELLAH JOSEPH M 1254 CALVIN AVE MUSKEGON Ml $397.50 24-4 75-000-0002-00 1427 CALVIN AVE BURR CHARLENE 1427 CALVIN AVE MUSKEGON Ml $530.00 24-4 75-000-0006-00 1475 CALVIN AVE CHAPMAN AHMED J 1475 CALVIN AVE MUSKEGON Ml $530.00 24-750-000-0039-00 1337 CALVIN AVE LYNK PAMELA D 1337 CALVIN AVE MUSKEGON Ml $265.00 24-685-010-0003-00 1200 CALVIN AVE SORENSON ORVILLE 1200 CALVIN AVE MUSKEGON Ml $132.50 24-128-100-0041-00 1125 CALVIN AVE BOOKER SAMUEL JR 1125 CALVIN AVE MUSKEGON Ml $397.50 24-128-100-0043-00 1145 CALVIN AVE 0 CONNELL RICHARD 1145 CALVIN AVE MUSKEGON Ml $1,489.30 24-128-100-0044-00 1155 CALVIN AVE OLSEN WILLIAM JR 1155 CALVIN AVE MUSKEGON Ml $1,510.50 24-685-009-0018-00 1185 CALVIN AVE RAFFERTY STEVEN F/NANCY K 1185 CALVIN AVE MUSKEGON Ml $132.50 24-190-004-0012-00 1094 CALVIN AVE VANDERSTELT MAURICE V 1094 CALVIN AVE MUSKEGON Ml $84.80 24-190-003-0025-00 1051 CALVIN AVE JOHNSON GERALD R 1051 CALVIN AVE MUSKEGON Ml $222.60 24-680-000-0039-00 1265 CATHERINE AVE B BOLEMA REAL ESTATE ONE L 4450 WEBER RD WHITEHALL Ml $132.50 24-680-000-0033-00 1270 CATHERINE AVE QUINTERO MIGUEUNANCY 1270 CATHERINE AVE MUSKEGON Ml $132.50 24-680-000-0031-00 1286 CATHERINE AVE BERRY ANTHONY/SINGLETON 1286 CATHERINE AVE MUSKEGON Ml $132.50 24-680-000-0059-00 1312 CATHERINE AVE RADEMAKER EVA M 1312 CATHERINE AVE MUSKEGON Ml $265.00 ge 10/01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-680-000-0062-00 1318 CATHERINE AVE SMITH LEONA 1318 CATHERINE AVE MUSKEGON Ml $397.50 24-251-000-0246-00 878 CATHERINE AVE MERRICK DOROTHY V 878 CATHERINE AVE MUSKEGON Ml $411.49 24-251-000-0247 -00 872 CATHERINE AVE BUCKNER DIAN L 872 CATHERINE AVE MUSKEGON Ml $259.70 24-251-000-0249-00 860 CATHERINE AVE SHAW WILLIAM D 860 CATHERINE AVE MUSKEGON Ml $1,007.00 24-251-000-0228-00 996 CATHERINE AVE MOORE JOHN K 996 CATHERINE AVE MUSKEGON Ml $132.50 24-251-000-0229-00 992 CATHERINE AVE HINTON ALAN LOUIS JR 992 CATHERINE AVE MUSKEGON Ml $371.00 24-251-000-0230-00 986 CATHERINE AVE WATERMAN NANCY E 986 CATHERINE AVE MUSKEGON Ml $132.50 24-251-000-0233-00 972 CATHERINE AVE GALBERT BEN 972 CATHERINE AVE MUSKEGON Ml $662.50 24-251-000-0235-00 954 CATHERINE AVE JOHNSON SARAH/CLAUDIA 954 CATHERINE AVE MUSKEGON Ml $530.00 24-251-000-0238-00 936 CATHERINE AVE BARNES ERICA S 936 CATHERINE AVE MUSKEGON Ml $662.50 24-251-000-0239-00 930 CATHERINE AVE UNITED STATES OF AMERICA 1755 SOUTH MITCHELL ST CADILLAC Ml $132.50 24-430-000-0001-00 915 CATHERINE AVE KNOLLINGER DONA J 2701 HUIZENGA ST LOT 54 MUSKEGON Ml $397.50 24-430-000-0003-00 929 CATHERINE AVE GOINS AYLIA 929 CATHERINE AVE MUSKEGON Ml $132.50 24-430-000-0005-00 943 CATHERINE AVE VANHOESEN LAURA D 943 CATHERINE AVE MUSKEGON Ml $132.50 24-430-000-0006-00 951 CATHERINE AVE BARNES SHAWNDRA 951 CATHERINE AVE MUSKEGON Ml $795.00 24-430-000-0007-00 957 CATHERINE AVE REDDING CELIAA 2580 E ELLIS RD MUSKEGON Ml $132.50 24-430-000-0011-00 987 CATHERINE AVE FONGERS ROBERT 987 CATHERINE AVE MUSKEGON Ml $132.50 24-430-000-0012-00 995 CATHERINE AVE BUFFEY TIMOTHY J 995 CATHERINE AVE MUSKEGON Ml $265.00 24-430-000-0013-00 1001 CATHERINE AVE ESTEPP SHERYL 1001 CATHERINE AVE MUSKEGON Ml $132.50 24-430-000-0014-00 1011 CATHERINE AVE PERSONS GLEN/KELLY 1011 CATHERINE AVE MUSKEGON Ml $397.50 24-750-000-0176-00 1461 CRESTON ST GRAYER GEORGE L 1461 CRESTON ST MUSKEGON Ml $397.50 24-750-000-0180-00 1481 CRESTON ST HEJKA HELEN 1481 CRESTON ST MUSKEGON Ml $662.50 24-4 75-000-0080-00 1516 CRESTON ST BELMONTE FRANK 1516 CRESTON ST MUSKEGON Ml $265.00 24-475-000-0091-00 1380 CRESTON ST PIATT ALAN 1380 CRESTON ST MUSKEGON Ml $265.00 24-475-000-0093-00 1354 CRESTON ST HAMMERLE CLINT F 1354 CRESTON ST MUSKEGON Ml $132.50 24-475-000-0094-00 1344 CRESTON ST BOLEMA LUMBER & SUPPLY 1230 E LAKETON AVE MUSKEGON Ml $132.50 24-7 50-000-0081-00 1325 CRESTON ST NGUYEN NGAT 1325 CRESTON ST MUSKEGON Ml $265.00 24-128-200-0011-00 1367 E APPLE TRIDONN DEVELPOMENT 1838 RUDDIMAN MUSKEGON Ml $4,531.50 24-121-400-0037 -00 1490 EAPPLE R& EMC ELROY PO BOX 802206 DALLAS TX $863.88 24-250-000-0035-10 1020 EASTGATEST ROMANELLI LARRY B 1020 EASTGATE ST MUSKEGON Ml $204.05 24-475-000-0071-00 1499 EASTWOOD DR COURTNEY R J 1499 EASTWOOD DR MUSKEGON Ml $1,192.50 g 10 /01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER ·24-4 75-000-0027-00 1500 EASTWOOD DR DILL RANDALL E/PAMELA J 1500 EASTWOOD DR MUSKEGON Ml $1.192.50 24-4 7 5-000-0052-00 1301 EASTWOOD DR LANDINGHAM WILLIAM F ETUX 1301 EASTWOOD DR MUSKEGON Ml $530.00 24-475-000-0053-00 1321 EASTWOOD DR BLACKSHIRE KEITH 1321 EASTWOOD DR MUSKEGON Ml $530.00 24-475-000-0038-00 1360 EASTWOOD DR JOHNSON TROY C 1360 EASTWOOD DR MUSKEGON Ml $397.50 24-4 75-000-0040-00 1334 EASTWOOD DR MOORE ROBERT R 1334 EASTWOOD DR MUSKEGON Ml $795.00 24-475-000-0044-00 1290 EASTWOOD DR WILLIAMS MARFAYE 1300 EASTWOOD DR MUSKEGON Ml $662.50 24-685-001-0007-20 1226 EVANSTON AVE MCDONALD JUDITH A 1226 EVANSTON AVE MUSKEGON Ml $556.50 24-685-002-0001-10 1250 EVANSTON AVE AVANT MILDRED S TRUST 1250 EVANSTON AVE MUSKEGON Ml $159.00 24-750-000-0197-00 1332 EVANSTON AVE DAHLMAN DOUGLAS/DAWN 1332 EVANSTON AVE MUSKEGON Ml $795.00 24-750-000-0191-00 1300 EVANSTON AVE LVONS LORETTA 1300 EVANSTON AVE MUSKEGON Ml $795.00 24-750-000-0203-00 1376 EVANSTON AVE WILCOX RONALD L 1376 EVANSTON AVE MUSKEGON Ml $265.00 24-750-000-0199-00 1356 EVANSTON AVE PUTNAM DAVID W 1356 EVANSTON MUSKEGON Ml $397.50 24-475-000-0078-00 1440 EVANSTON AVE MAHN BRUCE NCHARLOTTE 1440 EVANSTON AVE MUSKEGON Ml $1,192.50 24-128-100-0013-00 984 EVANSTON AVE SCHUITEMA PETER F 984 EVANSTON AVE MUSKEGON Ml $132.50 24-190-001-0002-00 1096 EVANSTON AVE 2001 C/VV 24-190-001-0001-00 PO BOX536 MUSKEGON Ml $2,816.95 24-850-002-0001-00 941 EVART ST MORRIS NATHANIEL 941 EVART ST MUSKEGON Ml $132.50 24-685-003-0003-00 1260 FLOWER AVE FORESTER MARK/KAREN 1260 FLOWER AVE MUSKEGON Ml $190.80 24-685-003-0005-00 1270 FLOWER AVE TICE LOIS K 1270 FLOWER AVE MUSKEGON Ml $131.44 24-685-003-0007-00 1282 FLOWER AVE RAWDON ALBERT JR 1282 FLOWER MUSKEGON Ml $494.65 24-750-000-0157-00 1318 FLOWER AVE BULTHOU SE LUCILLE 3675 NORTON HILLS MUSKEGON Ml $1,192.50 24-750-000-0155-00 1326 FLOWER AVE SINGLETON JAMES L 3925 E APPLE MUSKEGON Ml $583.00 24-750-000-0149-00 1366 FLOWER AVE SI PERLY PAULINE 1366 FLOWER AVE MUSKEGON Ml $265.00 24-750-000-0145-00 1392 FLOWER AVE HEIKKINEN HAROLD 1392 FLOWER MUSKEGON Ml $927.50 24-750-000-0163-00 1309 FLOWER AVE BURR JACKLYN K 1309 FLOWER AVE MUSKEGON Ml $132.50 24-750-000-0165-00 1315 FLOWER AVE BULLERMAN NEIL J 1315 FLOWER AVE MUSKEGON Ml $397.50 24-750-000-0169-00 1357 FLOWER AVE SMITH DANIEL W/REBECCA S 1367 FLOWER AVE MUSKEGON Ml $397.50 24-750-000-0174-00 1387 FLOWER AVE 2001 C/VV 24-750-000-0173-00 1387 FLOWER AVE MUSKEGON Ml $397.50 24-685-006-0014-00 1213 FRANCES AVE MESSER CHARLES 1213 FRANCES AVE MUSKEGON Ml $132.50 24-685-007-0008-00 1285 FRANCES AVE POST JEFFREY P 1285 FRANCES AVE MUSKEGON Ml $265.00 24-685-007-0012-00 1261 FRANCES AVE REDMON GARY 1261 FRANCES AVE MUSKEGON Ml $882.50 24-685-009-0004-00 1208 FRANCES AVE KECK LESLIE C 1208 FRANCES AVE MUSKEGON Ml $132.50 10101/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-685-009-0008-00 1232 FRANCES AVE VANDAM ELDRED 1232 FRANCES AVE MUSKEGON Ml $132.50 24-750-000-0079-00 1391 FRANCES AVE BREWER PAUL E/DEBBIE L 1391 FRANCES AVE MUSKEGON Ml $795.00 24-750-000-0057-00 1346 FRANCES AVE STINSON PATRICIA A 1346 FRANCES MUSKEGON Ml $530.00 24-128-100-0051-00 1172 FRANCES AVE VEIHL SABRINA 1172 FRANCES AVE MUSKEGON Ml $5,013.80 24-685-006-0016-00 1201 FRANCES AVE MEYERS CARRIE 1201 FRANCES AVE MUSKEGON Ml $132.50 24-685-001-0007-10 1415 GARDEN AVE RODRIGUEZ WILLIAM 1415 GARDEN AVE MUSKEGON Ml $190.80 24-121-300-0040-00 840 GETTY ST BABCOCK CHERYLL 840 GETTY ST MUSKEGON Ml $132.50 24-250-000-0143-00 1096 GETTY ST EVANS DARLENE 2116 APPLE AVE. MUSKEGON Ml $795.00 24-250-000-0137-00 1072 GETTY ST STEINBACH JOHN/MARY 18364 174TH SPRING LAKE Ml $339.20 24-251-000-0192-00 1122 GETTY ST VANDERMOLEN JAMES A REV 1122 GETTY ST MUSKEGON Ml $132.50 24-160-000-0027-00 1180 GETTY ST PHILADELPHIA MISSIONARY BA 845 CATHERINE AVE MUSKEGON Ml $530.00 24-390-004-0004-00 1132 GREEN ST WEBB ALVIN/TRACIE 1132 GREEN ST MUSKEGON Ml $265.00 24-390-004-0002-00 1112 GREEN ST PATRICIO GREGORY J/TAMMY 1112 GREEN ST MUSKEGON Ml $132.50 24-128-100-0003-00 1027 GREEN ST TOWNSEND REUBEN 1027 GREEN ST MUSKEGON Ml $132.50 24-128-100-0004-00 1049 GREEN ST SANDIFER OLLIE L 1049 GREEN ST MUSKEGON Ml $397.50 24-390-001-0017-00 1057 GREEN ST VANDERMOLEN HARRIET 1057 GREEN ST MUSKEGON Ml $132.50 24-685-004-0002-00 1254 HOWARD ARNOLDI JOHN/KATHY 1070 CADILLAC MUSKEGON Ml $530.00 24-685-003-0008-00 1283 HOWARD AVE CARR VICTORIA H 1283 HOWARD AVE MUSKEGON Ml $397.50 24-750-000-0129-00 1305 HOWARD AVE VEEN CLARENCE ET AL 1305 HOWARD AVE MUSKEGON Ml $530.00 24-750-000-0143-00 1391 HOWARD AVE MYERS MAX E 1391 HOWARD AVE MUSKEGON Ml $265.00 24-685-005-0003-00 1206 HOWARD AVE WILLIAMSON WILLIAM Ill 1206 HOWARD AVE MUSKEGON Ml $132.50 24-685-005-0005-00 1210 HOWARD AVE ADAMS ERIC D 1210 HOWARD AVE MUSKEGON Ml $795.00 24-685-005-0007-00 1224 HOWARD AVE TUCKER IDA ROBINSON 1244 HOWARD AVE MUSKEGON Ml $265.00 24-685-005-0008-00 1236 HOWARD AVE KELLY KIMBERLY ANN 1236 HOWARD AVE MUSKEGON Ml $265.00 24-685-004-0006-00 1280 HOWARD AVE SCHOENMAKER MARTIN W 1280 HOWARD AVE MUSKEGON Ml $265.00 24-750-000-0127-00 1306 HOWARD AVE MURDZIA ALLAN D 1306 HOWARD AVE MUSKEGON Ml $132.50 24-750-000-0113-00 1390 HOWARD AVE FERRIS RICHARD 1390 HOWARD AVE MUSKEGON Ml $132.50 24-685-005-0002-00 1192 HOWARD AVE MCKINLEY JEANETTE 1192 HOWARD AVE MUSKEGON Ml $132.50 24-128-200-0006-00 1236 !SABELLA AVE MOORE JOHNNY 1236 E ISABELLAAVE MUSKEGON Ml $265.00 24-680-000-0023-00 1260 !SABELLA AVE TERRELL ESTHER 1260 E !SABELLA AVE MUSKEGON Ml $397.50 24-225-000-0010-00 1354 ISABELLAAVE VANBEMMELEN JAMES A 1354 E !SABELLA AVE MUSKEGON Ml $397.50 ge 10/01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER '24-250-000-0182-00 1074 !SABELLA AVE HANNON MICHELLE 1074 E !SABELLA AVE MUSKEGON Ml $369.41 24-250-000-0174-00 1024 !SABELLA AVE WEVER JAMES E 1024 E !SABELLA AVE MUSKEGON Ml $265.00 24-250-000-0159-00 924 !SABELLA AVE WALLACE KAREN ET AL 1417WARNER WHITEHALL Ml $1,325.00 24-250-000-0161-00 936 !SABELLA AVE BROUGHMAN AARON J 936 E !SABELLA AVE MUSKEGON Ml $1,022.90 24-250-000-0163-00 950 !SABELLA AVE MACK RONALD JR 950 E !SABELLA AVE MUSKEGON Ml $230.55 24-250-000-0164-00 956 !SABELLA AVE WACKERLE MARC 4922 MCARTHUR RD MUSKEGON Ml $132.50 24-250-000-0167-00 972 !SABELLA AVE BRIDGES GREG 972 E !SABELLA AVE MUSKEGON Ml $151.05 24-250-000-0168-00 984 !SABELLA AVE GOODEN THERESA A 984 E !SABELLA AVE MUSKEGON Ml $265.00 24-250-000-0173-00 1008 !SABELLA AVE PASTOR CHAD 1008 E !SABELLA AVE MUSKEGON Ml $768.50 24-250-000-0151-00 866 !SABELLA AVE BEENE EUGENE 866 E !SABELLA AVE MUSKEGON Ml $132.50 24-250-000-0149-00 852 !SABELLA AVE BRININSTOOL JERRY 1819 BELMONT DR MUSKEGON Ml $132.50 24-250-000-0146-00 834 !SABELLA AVE JACOBS PROPERTY INVESTME 1701 W SHERMAN BLVD STE MUSKEGON Ml $530.00 24-251-000-0200-00 843 ISABELLAAVE NESBITT BARBARA ANN 843 E !SABELLA AVE MUSKEGON Ml $397.50 24-251-000-0203-00 863 ISABELLAAVE WATKINS EWELUDELORES/MO 863 E ISABELLAAVE MUSKEGON Ml $265.00 24-251-000-0204-00 871 !SABELLA AVE WADE JAMES/MICHELLE 1337 SUMAC ST MUSKEGON Ml $662.50 24-251-000-0213-00 937 !SABELLA AVE BLACK PAMELO J 1193 RANSOM ST MUSKEGON Ml $265.00 24-251-000-0214-00 943 !SABELLA AVE MARLOW JUANITA L 943 E !SABELLA AVE MUSKEGON Ml $397.50 24-251-000-0224-00 1007 !SABELLA AVE MITCHELL MARIA 1007 E !SABELLA AVE MUSKEGON Ml $397.50 24-685-005-0010-00 1237 LANGELAND AV MUTTART ROBERT JR 1237 LANGELAND AVE MUSKEGON Ml $106.00 24-685-006-0006-00 1220 LANGELAND AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml $500.85 24-685-006-0007-00 1226 LANGELAND AV PATRICIO DOMINIC/SUSAN 1226 LANGELAND AVE MUSKEGON Ml $235.85 24-685-007-0005-00 1274 LANGELAND AV JDR PROPERTIES LLC PO BOX 145 FRUITPORT Ml $265.00 24-685-007-0006-00 1280 LANGELAND AV WALKER ROGER L 1260 KENNETH MUSKEGON Ml $132.50 24-685-007-0007-00 1288 LANGELAND AV SPENCER DONALD 1288 LANGELAND AVE MUSKEGON Ml $265.00 24-7 50-000-0096-00 1300 LANGELAND AV FRANKLIN SHARRON B 1300 LANGELAND AVE MUSKEGON Ml $397.50 24-750-000-0088-00 1348 LANGELAND AV MCFAYDEN GEORGE/BRIMMER 1348 LANGELAND AVE MUSKEGON Ml $265.00 24-685-006-0001-00 1188 LANGELAND AV BRASPENNING SUSIE M 1188 LANGELAND AVE MUSKEGON Ml $291.50 24-190-002-0008-00 1070 LANGELAND AV DEUELL MICHAEL 1306 CARDINAL CIRCLE N MUSKEGON Ml $132.50 24-190-002-0004-00 1052 LANGELAND AV STORDAHL GREGG M 1052 LANGELAND MUSKEGON Ml $132.50 24-350-000-0013-00 1391 MADISON ST CRUMMEL WARD H 1391 MADISON ST MUSKEGON Ml $1,478.70 24-350-000-0014-00 1405 MADISON ST CRAIN MATTHEW 0 1405 MADISON ST MUSKEGON Ml $1,380.65 age 10/01/02 PARCEL SPECIAL ASSESSMENT ROLL TOTAL @ TAXPAYER "24-250-000-0010-10 1024 MADISON ST FISHER DAVID/KATHY 1024 MADISON ST MUSKEGON Ml $198.75 24-190-005-0001-00 1200 MADISON ST LEWIS JOE 1200 MADISON ST MUSKEGON Ml $2,159.75 24-190-002-0030-00 1320 MADISON ST HOPKINS JUSTINA 1320 MADISON ST MUSKEGON Ml $265.00 24-685-011-0012-00 1259 MCLAUGHLIN A HAYNES DELAWRENCE 1259 MCLAUGHLIN AVE MUSKEGON Ml $265.00 24-680-000-0051-00 1312 MCLAUGHLIN A SCHUTTER RUSSELL T 1312 MCLAUGHLIN AVE MUSKEGON Ml $291.50 24-750-000-0014-00 1385 MCLAUGHLIN A MEADOWS LESLEY R 1385 MCLAUGHLIN AVE MUSKEGON Ml $265.00 24-750-000-0010-00 1361 MCLAUGHLIN A PHIPPS CHARON C REV TRUST 1361 MCLAUGHLIN AVE MUSKEGON Ml $132.50 24-190-005-0004-00 1044 MCLAUGHLIN A ALDERINK MELINDA K 1044 MCLAUGHLIN AVE MUSKEGON Ml $365.70 24-190-005-0005-00 1050 MCLAUGHLIN A STONE REX/RHONDA 1050 MCLAUGHLIN AVE MUSKEGON Ml $132.50 24-128-100-0031-00 1153 MCLAUGHLIN A MERCER GREG 1153 MCLAUGHLIN AVE MUSKEGON Ml $132.50 24-190-004-0030-00 1027 MCLAUGHLIN A BANKERS TRUST CO OF CALIF 800 RIDGEVIEW DR 2ND FLR HORSHAM PA $530.00 24-190-004-0025-00 1059 MCLAUGHLIN A KRACHT JAMES E 1059 MCLAUGHLIN AVE MUSKEGON Ml $265.00 24-190-004-0020-00 1081 MCLAUGHLIN A RUUD CINDY 1081 MCLAUGHLIN AVE MUSKEGON Ml $662.50 24-190-004-0016-00 1111 MCLAUGHLIN A VEST RUSSELL JR 1111 MCLAUGHLIN MUSKEGON Ml $257.05 24-121-300-0036-00 921 OAK AVE RILEY TIMOTHY F/PIPKINS TAMI 921 OAK AVE MUSKEGON Ml $132.50 24-121-300-0029-00 861 OAK AVE GARDNER JOHN JR 861 OAK AVE MUSKEGON Ml $662.50 24-121-300-0009-00 866 OAK AVE CARTER NORMAN/BERTHA 866 OAK AVE MUSKEGON Ml $172.25 24-121-300-0012-00 886 OAK AVE SINGLETON LIGHTLE CORP 3925 APPLE AVE MUSKEGON Ml $1,047.81 24-121-300-0013-00 896 OAK AVE STEGALL LORI M 896 OAK AVE MUSKEGON Ml $397.50 24-121-300-0011-00 914 OAK AVE MOORE INVESTMENT PROPS PO BOX 5377 MUSKEGON Ml $397.50 24-121-300-0014-00 920 OAK AVE JACKSON JULIA M 920 OAK AVE MUSKEGON Ml $309.12 24-121-300-0015-00 926 OAK AVE MATISON BRIAN/SHELLY 15400 COMSTOCK GRAND HAVE Ml $265.00 24-121-300-0018-00 946 OAK AVE BAILEY JIMMIE R 946 OAK AVE MUSKEGON Ml $866.97 24-121-300-0085-00 1007 OAK AVE CONSUMERS ENERGY 4000 CLAY AVE SW PO BOX 2 GRAND RAPID Ml $1,060.00 24-121-300-0080-00 987 OAK AVE CRAIN REBAL 987 OAK ST MUSKEGON Ml $710.20 24-390-001-0004-00 1030 OAKGROVEST BRATSBURG CORI/MITCHELL F 1030 OAKGROVE ST MUSKEGON Ml $450.50 24-390-001-0012-00 1086 OAKGROVEST HOLCOMB JUNE A 1086 OAKGROVE ST MUSKEGON Ml $405.45 24-128-100-0028-00 1212 OAKGROVEST MCMILLEN ANN M 1212 OAKGROVE ST MUSKEGON Ml $662.50 24-128-100-0047-00 1280 OAKGROVEST SOKOLOWSKI/BOLLES 1280 OAKGROVE ST MUSKEGON Ml $1,566.15 24-128-100-0066-00 1350 OAKGROVEST SHYNE JOHNA 1350 OAKGROVE ST MUSKEGON Ml $1,987.50 24-121-300-0063-00 915 ORCHARD AVE LEE ENOUS/LEE LINWOOD 915 ORCHARD AVE MUSKEGON Ml $132.50 Page 10 /01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER ·24-121-300-0046-00 872 ORCHARD AVE LESTER CLANCIE 872 ORCHARD AVE MUSKEGON Ml $154.56 24-121-300-0048-00 886 ORCHARD AVE BROWN CHARLES D 886 ORCHARD AVE MUSKEGON Ml $265.00 24-121-300-0050-00 908 ORCHARD AVE GILBERT FAY R 908 ORCHARD AVE MUSKEGON Ml $1,104.12 24-121-300-0051-00 922 ORCHARD AVE WILKINS GAIL L 922 ORCHARD AVE MUSKEGON Ml $132.50 24-121-300-0053-00 940 ORCHARD AVE MCKENZIE ELIZABETH W 940 ORCHARD AVE MUSKEGON Ml $132.50 24-850-001-0007-00 954 PLYMOUTH ST TEMPLE HARRY E 1258 E APPLE MUSKEGON Ml $530.00 24-390-002-0023-00 1035 ROBERTS ST LALONDE LAURIE 1035 ROBERTS ST MUSKEGON Ml $265.00 24-390-002-0021-00 1051 ROBERTS ST HOFFMAN HERMAN 1051 ROBERTS ST MUSKEGON Ml $132.50 24-128-100-0045-00 1255 ROBERTS ST HUDSON HERMAN A 1255 ROBERTS ST MUSKEGON Ml $1,392.84 24-750-000-0186-00 1467 SAMBURT ST BYRD CHARLES R 1467 SAMBURT ST MUSKEGON Ml $132.50 24-121-300-0124-00 921 STEVENS ST MOFFETT ISAAC JR 1500 N PETERSON RD MUSKEGON Ml $132.50 24-121-300-0066-00 873 STEVENS ST BRADFIELD LARRY D 873 STEVENS ST MUSKEGON Ml $132.50 24-121-300-0065-00 863 STEVENS ST VAZQUEZ CARLOS A/ET AL 15136 OAKLAND SPRING LAKE Ml $397.50 24-142-000-0032-00 940 STEVENS ST SIMS DORIS 940 STEVENS ST MUSKEGON Ml $341.85 24-121-300-0082-00 846 STEVENS ST BURT MAYLIA M 846 STEVENS ST MUSKEGON Ml $927.50 24-121-300-0087-00 850 STEVENS ST FISHER GLORIA J ET AL 850 STEVENS ST MUSKEGON Ml $485.81 g 10/01/02 SPECIAL ASSESSMENT ROLL TOTAL PARCEL @ TAXPAYER "24-121-300-0091-00 876 STEVENS ST BIBBS SUSIE A 876 STEVENS ST MUSKEGON Ml $132.50 GRAND TOTAL $154,556.20 BOARD OF ASSESSORS: CUFF TURNER, COUNTY EQUALIZATION DATE CLARA SHEPHERD, CITY COMMISSIONER DATE ROBERT SCHWEIFLER, CITY COMMISSIONER DATE ge 10/01/02 Date: October 8, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Lakeshore Trail, Laketon Corridor (Phase II) SUMMARY OF REQUEST: The contract to construct the Laketon corridor of the Lakeshore Trail (phase II) from Leahy to Southern be awarded to Youngstrom Contruction out of Ionia, since they were the lowest (see bid tabulation) responsible bidder with a bid price of $358,716.04. Furthermore, it respectfully requested that the award, if granted, be contingent upon the approval of MOOT. FINANCIAL IMPACT: The construction cost of $358,716.04 plus associated engineering cost. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Youngstrom Construction. COMMITTEE RECOMMENDATION: B228 LAKESHORE TRAIL- LAKETON CORRIDOR PHASE II BID TABULATION September 30, 2002 CONTRACTOR YOUNGSTROM CON. TRIANGLE EXC LAKESIDE CONST. DIVERSCO CONST ADDRESS 593SPRAGUE 581 OTTAWA STE 1A PO BOX 510 675 CLYDE CT SW CITY/ST IONIA, Ml 48846 HOLLAND, Ml 49423 GRAND HAVEN, Ml 49417 BYRON CENTER, Ml 49315 Item Estimated Item Number Participating Item Description Unit Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2070005 Removing curb and gutter LFT 170 $20.00 $3,400.00 $13.00 $2,210.00 $4.00 $680.00 $10.00 $1,700.00 2 2070002 Removing pavement SYD 960 $8.00 . $7,680.00 $7.00 $6,720.00 $3.25 $3,120.00 $10.00 $9,600.00 3 2070006 Removing sidewalk SYD 192 $20.00 $3,840.00 $7.00 $1,344.00 $3.00 $576.00 $10.00 $1,920.00 4 6260152 Removal of sign, Type Ill EA 3 $100.00 $300.00 $50.00 $150.00 $50.00 $150.00 $100.00 $300.00 5 2087001 Station grading, special LFT 5,400 $6.00 $32,400.00 $8.00 $43,200.00 $11.00 $59,400.00 $20.00 $108,000.00 6 6110002 Concrete sidewalk, 4" SFT 252 $3.00 $756.00 $3.50 $882.00 $2.25 $567.00 $3.00 $756.00 7 4500001 Concrete pavement, reinforced - 6" SYD 20 .· .. $50.00 $1,000.00 $40.00 $800.00 $25.00 $500.00 $30.00 $600.00 8 6090048 Concrete curb and gutter, detail F4 LFT 169 $18.00 $3,042.00 $22.00 $3,718.00 $12.00 $2,028.00 $15.00 $2,535.00 9 4000050 Bituminous mixture, 36A TON 692 $48.00 $33,216.00 $46.00 $31,832.00 $43.75 $30,275.00 $45.00 $31,140.00 10 4000043 Bituminous mixture, 13A TON 791 $48.00 I $37,968.00 $49.00 $38,759.00 $42.06 $33,269.46 $45.00 $35,595.00 11 3010002 Aggregate base under bituminous TON 2010 $15.00 $30,150.00 $11.50 $23,115.00 $11.00 $22,110.00 $14.00 $28,140.00 12 2110002 Subbase (CIP) CYD 17 $20.00 $340.00 $12.00 $204.00 $25.00 $425.00 $20.00 $340.00 13 6290243 Regular dry pavement marking, 6'', white LFT 673 $2.00 $1,346.00 $1.00 $673.00 $0.75 $504.75 $6.00 $4,038.00 14 4007011 Pavement color coat SYD 355 $30.00 $10,650.00 $6.00 $2,130.00 $27.00 $9,585.00 $12.00 $4,260.00 15 6507050 Bench, furnish and place EA 8 $750.00 $6,000.00 $500.00 $4,000.00 $1,825.00 $14,600.00 $775.00 $6,200.00 16 6507050 Litter receptacle EA 9 $500.00 $4,500.00 $500.00 $4,500.00 $1,150.00 $10,350.00 $762.00 $6,858.00 17 6260173 Salvaged Sign, Type Ill EA 3 $100.00 . $300.00 $100.00 $300.00 $85.00 $255.00 $100.00 $300.00 18 6317051 Traffic control LS 1 $2,500.00 $2,500.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $6,000.00 $6,000.00 19 6230001 Mobilization LS 1 $35,000.00 $35,000.00 $7,250.00 $7,250.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 20 6507050 Red Sunset Maple Acer rubra "Franksred" EA 26 $360.00 $9,360.00 $300.00 $7,800.00 $350.00 $9,100.00 $336.00 $8,736.00 21 6507050 Celzam Maple Acer freemanii "Celzam'' EA 6 ~ $360.00 $2,160.00 $500.00 $3,000.00 $335.00 $2,010.00 $336.00 $2,016.00 22 6507050 Vaughn Hawthorne Crateagus x vaughnii EA 12 $340.00 $4,080.00 $350.00 $4,200.00 $325.00 $3,900.00 $310.00 $3,720.00 23 6507050 Red Gnome Dogwood Camus Alloa Sibirica "Red Gnome" EA 35 $40.00 · $1,400.00 $45.00 $1,575.00 $42.00 $1,470.00 $36.00 $1,260.00 24 6507050 Tulip Tree liriodendum tulipifera EA 6 $335.00 $2,010.00 $400.00 $2,400.00 $345.00 $2,070.00 $308.00 $1,848.00 25 6507050 American Hophombeam Ostraya Virginiana EA 7 $300.00 I . $2;100.00 $400.00 $2,800.00 $325.00 $2,275.00 $266.00 $1,862.00 26 6507050 Go!dtide Forsythia Forsythia x "Courtsol" PP9104 EA 40 .. $50.00 $2,000.00 $45.00 $1,800.00 $42.00 $1,680.00 $42.00 $1,680.00 27 6507050 Norway Spruce Picea abies EA 14 ., , $300.00 I $4,200.00 $320.00 $4,480.00 $225.00 $3,150.00 $264.00 $3,696.00 28 6507050 Colorado Spruce Picea pungens EA 28 $300.00 · $8,400.00 $320.00 $8,960.00 $200.00 $5,600.00 $264.00 $7,392.00 29 6507050 White Pine Pinus strobus EA 13 _• ·. $300.00 $3,900.00 $300.00 $3,900.00 $200.00 $2,600.00 $264.00 $3,432.00 .. 30 6537011 Grass Seed "A" SYD 18,308 $0.82 ·. $15,012.56 $0.65 $11,900.20 $0.35 $6,407.80 $0.81 $14,829.48 31 6537011 Grass Seed ·s· SYD 5,526 ·. $0.72 $3,978.72 $0.60 $3,315.60 $0.35 $1,934.10 $0.72 $3,978.72 10/1/02 Lakeshore Trail Bid Tabulation.xis 1 OF2 8228 LAKESHORE TRAIL- LAKETON CORRIDOR PHASE II BID TABULATION September 30, 2002 CONTRACTOR YOUNGSTROM CONST. TRIANGLE EXC LAKESIDE CONST. OIVERSCO CONST ADDRESS 593SPRAGUE 581 OTTAWA STE 1A PO BOX 510 675 CL YOE CT SW CITY/ST IONIA, Ml 48846 HOLLAND, Ml 49423 GRANO HAVEN, Ml 49417 BYRON CENTER, Ml 49315 Item Estimated Item Number Participating Item Description Unit Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 32 6537010 Wildflower seed mix SFT 16,698 $0.12 $2,003.76 $0.07 $1,168.86 $0.08 $1,335.84 $0.11 $1,836.78 33 6537050 Transplant Existing Tree EA 11 $275.00 $3,025.00 $100.00 $1,100.00 $300.00 $3,300.00 $275.00 $3,025.00 34 6537050 Transplant Existing Shrub EA 29 $25.00 $725.00 $30.00 $870.00 $25.00 $725.00 $25.00 $725.00 35 6537011 Topsoil SYD 24,478 $0.50 $12,239.00 $1.80 $44,060.40 $2.25 $55,075.50 $5.50 $134,629.00 36 2087021 Non-hazardous contaminated material handling and dispos CY 50 $50.00 $2,500.00 $20.00 $1,000.00 $30.00 $1,500.00 $20.00 $1,000.00 37 6500002 Watering and cultivating, first season LS 1 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $500.00 $500.00 38 2130015 Silt fence LFT 1,000 $1.50 · $1,500.00 $2.00 $2,000.00 $3.00 $3,000.00 $2.00 $2,000.00 39 6507050 Bench, salvage EA 1 $300.00 · $300.00 $300.00 $300.00 $125.00 $125.00 $750.00 $750.00 40 6260116 Sign, Type 111A SFT 316 $18.00 $5,688.00 $18.00 $5,688.00 $16.00 $5,056.00 $16.00 $5,056.00 41 6260120 Sign, Type 1118 SFT 55 $18.00 $990.00 $18.00 $990.00 $16.00 $880.00 $16.00 $880.00 42 6260101 Steel Post. 3 lbs. LFT 217.5 $6.00 $1,305.00 $4.00 $870.00 $4.00 $870.00 $4.00 $870.00 43 6760106 Wood Posts, 4" x 6" LFT 397.5 $20.00 $7,950.00 $18.00 $7,155.00 $16.50 $6,558.75 $16.50 $6,558.75 .· . PARTICIPATING SUBTOTAL$ $315,215.04 $303,120.06 $331,695.70 $485,562.73 Item Estimated Item Number Non-Participating Item Description Unit Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 6500002 Irrigation system LS 1 $32,000.00 , . $32,000.00 $48,000.00 $48,000.00 $31,067.00 $31,067.00 $31,067.00 $31,067.00 2 6500002 Irrigation sleeves LS 1 I $9,000.00 $9,000.00 $4,300.00 $4,300.00 $8,990.00 $8,990.00 $8,990.00 $8,990.00 3 1057051 Contractor, staking LS 1 $1,000.00 $1,000.00 $7,000.00 $7,000.00 $4,750.00 $4,750.00 $7,500.00 $7,500.00 4 1057051 Contractor staking, urban LS 1 $1.00 . . $1.00 $2,000.00 $2,000.00 $500.00 $500.00 $7,500.00 $7,500.00 5 1057040 Staking Plan Errors and Extras, two person HOUR 20 $75.00 $1,500.00 $100.00 $2,000.00 $100.00 $2,000.00 $1.00 $20.00 . NON-PARTICIPATING SUBTOTAL$ $43,501.00 $63,300.00 $47,307.00 $55,077.00 .. -.· ------ 1--' •,_:. ,., PROJECT TOTAL AMOUNT$ $358;716.04 $366,420.06 $379,002.70 $540,639.73 10/1/02 Lakeshore Trail Bid Tabulation.xis 2 OF2
Sign up for City of Muskegon Emails