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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 12, 2002
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Resolution for Charitable Gaming License. CITY CLERK
c. Fireworks Display - Shrine Circus. CITY CLERK
d. Precinct/Ward Changes. CITY CLERK
e. Community Relations Committee Appointment. CITY CLERK
f. 2002 Dumpster Bids. LEISURE SERVICES
g. Fertilizer Bids. LEISURE SERVICES
h. Parks Equipment Bids. LEISURE SEVICES
i. Lakeshore Trail Phase 1 Grant Application. LEISURE SERVICES
j. Purchase of 47B W Hackley Ave - Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
k. Sale of Buildable Vacant Lot on Wesley Ave PLANNING &
ECONOMIC DEVELOPMENT DEPARTMENT
I. Lot Trade with Habitat for Humanity - Park Street and Grand Ave
PLANNING & ECONOMIC DEVELOPMENT
m. Pension Ordinance Clarification FINANCE
n. Utility Poles Relocation as Part of Shoreline Drive East ENGINEERING
o. City - MDOT Agreement for Southbound Exit Ramp at US-31 &
Sherman ENGINEERING
• PUBLIC HEARINGS:
a. Create Special Assessment District - Sidewalk Replacement
Program for 2002 ENGINEERING
b. Create Special Assessment District for Austin Street. Barney to
Delano, ENGINEERING
c. Create a Special Assessment District for Laketon Ave, Peck to Park.
ENGINEERING
d. 2002-2003 CDBG/HOME Funding. COMMUNITY & NEIGHBORHOOD
SERVICES
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Create Special Assessment District for Black Creek Road. Sherman
to Latimer. ENGINEERING
b. Consideration of Bids Black Creek Road. from Shermon to Latimer
ENGINEERING
• NEW BUSINESS:
a. Grant Application for Consumer's Energy Property Purchase.
LEISURE SERVICES
b. Sheldon Park Grant Application UPARR. LEISURE
c. Write-off of Uncollectible Accounts Receivable. CITY TREASURER
d. Acquisition of Property for Seaway Industrial Park through Eminent
Domain - 2009 Park Street. PLANNING & ECONOMIC
DEVELOPMENT
e. Sterling Development Group - PILOT. PLANNING & ECONOMIC
DEVELOPMENT
f. Construction of Four Houses in Lakeside. LEGISLATIVE POLICY
COMMITTEE
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION: Labor Negotiations
• 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 l O minutes if previously registered with 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: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, January 22, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 12, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933,
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, February 12, 2002.
Mayor Warmington opened the meeting ar\d Vice-Mayor Buie offered the prayer, after
which members of the City Commission and members of the public joined in reciting the
Pledge of Allegiance.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Stephen Warmington,. Vice-Mayor Karen Buie, Commsssioners Clara
Shepherd, Lawrence Spataro, Stephen Gawron, William Larson, Robert Schweifler; City
Manager Bryon Mazade; City Attorney John Schrier and Deputy City Clerk Linda Potter.
2002-14 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
that was held on Tuesday, January 22, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
b. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: The Urban League of Greater Muskegon is requesting a
resolution recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a gaming license. This was approved by you last year under the
name Muskegon Connection Golf Club and is being presented to you again due to
the name change.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
c. Fireworks Display - Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc. is requesting approval of a fireworks
display for March 1 and 2, 2002, at the L.C. Walker Arena. Fire Marshall Metcalf has
reviewed the request and recommends approval contingent on inspection of the
fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
d. Precinct/Ward Changes. CITY CLERK
SUMMARY OF REQUEST: The County redistricted and went to 11 County Commission
Districts. The City of Muskegon has been left with at least four split precincts that would
be represented by more than one county commissioner. It is requested approval to
redraw our precinct lines to coincide with the county lines.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the redrawing of precinct lines.
e. Community Relations Committee Appointment. CITY CLERK
SUMMARY OF REQUEST: To concur with the recommendations from the Community
Relations Committee regarding the following appointment: Louise Herman-
Muhammed to CBG Citizens District Council.
BUDGET ACTION REQUIRED: None.
FINANCIAL IMPACT: None.
STAFF RECOMMENDATION: Approval of the request.
f. 2002 Dumpster Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Sunset Waste to provide dumpsters
throughout the parks system in 2002.
FINANCIAL IMPACT: $8,496.60
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve
g. Fertilizer Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To purchase fertilizer for 275 acres of parks and cemetery
properties.
FINANCIAL IMPACT: $28,680.08.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve
h. Parks Equipment Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to purchase a TORO Groundsmaster mower,
a recycler deck for a mower, and a TORO Workman for the Parks Department.
FINANCIAL IMPACT:
TORO Groundsmaster 345 $13,632
TORO 72" recycler deck $ 3,982
TORO Workman 3230 $12,239
Less trade-in ($5,200) $24,743 Total
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve
i. Lakeshore Trail Phase I Grant Application. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to submit a grant application for the
construction of Phase I of the Lakeshore Trail to the DNR Trust Fund and to adopt the
resolution.
FINANCIAL IMPACT: $1,600,000, of which $500,000 would come from the DNR
BUDGET ACTION REQUIRED:
None, money in the golf course fund and through TEA 21.
STAFF RECOMMENDATION: Approve
j. Purchase of 478 W. Hackley Ave. - Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 478 Hackley Avenue pursuant
to the City of Muskegon's goal of creating the Seaway Industrial Park. This request is
pursuant to a purchase agreement signed by N & N Associates, 420 Carmen Drive,
Spring Lake, Michigan on January 25, 2002. The purchase price is $50,822.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 478 W. Hackley Avenue for the development of the Seaway Industrial Park.
k. Sale of Buildable Vacant Lot on Wesley Avenue. PLANNING &
ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot on Wesley
Avenue (designated as parcel number 24-611-000-0255-01) described as URBAN
RENEWAL PLAT NO. 2, LOT 225 TO Jeff Glass, of 1276 Brusse Avenue, Muskegon, Ml. The
lot is 72 x 131 .85 ft. and is being offered to Mr. Glass for $7,000. He plans to use the
land for the construction of a 1,360 sq. ft. single-family home. The home will contain 3
bedrooms, a full basement, and a 2-stall attached garage. The appraised value of the
lot is $7,000 and the Mr. Glass submitted the only bid of $7,000.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate
additional tax revenue for the City and will place the property back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATIN: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
I. Lot Trade with Habitat for Humanity-Park Street and Grand Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the trade of a buildable vacant lot at 1472 Park
Street to Habitat for Humanity in return for the unbuildable vacant lot owned by
Habitat for Humanity at 404 W. Grand Avenue. This property was donated to Habitat
and originally contained a small house, which needed to be demolished. Habitat
invested approximately $6,000 in demolition and other costs only to discover that the
lot was not buildable. Several solutions were discussed with the Planning Department
staff before the lot trade was arrived at as the best possible solution to the problem. As
a result of the lot trade, Habitat for Humanity will be able to construct a home on the
lot at 1472 Park Street. The City will offer the unbuildable lot to the adjacent property
owner for expansion of their yard, since their present lot is 50 x 112.6 ft. and unbuildable
by City policy.
FINANCIAL IMPACT: The Trade of these two lot will allow the City-owned property to be
placed back on the City's tax rolls thus relieving the City of continued maintenance
costs.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign the resolution.
o. City - MDOT Agreement for Southbound Exit Ramp at US-31 & Sherman.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the resurfacing &
widening of the southbound exit ramp at US-31 and Sherman Blvd., and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: While this is an MDOT project, we are required to participate since
the project falls within the City's limits. The City's share is estimated at $2,900 but not
more than 11.25% of eligible cost. The total cost of the project is $127,500.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come
out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Commissioner Schweifler, second by Vice-Mayor Buie to approve the
Consent Agenda except for items m and n.
ROLL VOTE: Ayes: Spataro, Wamington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None.
MOTION PASSED
2002-15 ITEMS REMOVED FROM THE CONSENT AGENDA:
m. Pension Ordinance Clarification. FINANCE
SUMMARY OF REQUEST: Section l0(d) of the City's Police & Fire Retirement System
ordinance provides that "a member who remains in the employ of the city but ceases
to be a police officer or a firefighter shall remain a member of the retirement system for
the duration of his City employment". This provision recently came into play when the
former Fire Marshall assumed the position of Director of Inspections. The current
ordinance does not, however, specify the benefits or contributions pertaining to an
affected employee. The technical correction ordinance, intended to address this
matter, provides that the contributions and benefits will be the same as if the member
had not left employment with the Police or Fire Departments.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None. The position was budgeted with the pension
benefits accorded to a Fire Department Position
STAFF RECOMMENDATION: Approval
Motion by Commissioner Larson, second by Commissioner Shepherd to table and
refer back to Pension Board.
ROLL VOTE: Ayes: Wamington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None.
MOTION PASSED
n. Utility Poles Relocation as Part of Shoreline Drive East. ENGINEERING
SUMMARY OF REQUEST: It is respectfully requested that staff be authorized to issue a
commitment letter on behalf of the City to reimburse Consumer's Energy an amount
not to exceed $60,000 as a compensation for time, material and labor necessary to
relocate three transmission poles by their sub-station near Western & Pine. The
relocation is necessary for the construction of Shoreline Dr. and the compensation is
due to the fact that the poles in question are not within a public right of way and
therefore a compensation is due.
FINANCIAL IMPACT: A not-to-exceed figure of $60,000 for labor, material and
administration necessary to relocate three poles near sub-station.
BUDGET ACTION REQUIRED: None at this time. The cost will be eligible for the build
Michigan Grant to construct Shoreline Dr. East.
STAFF RECOMMENDATION: Authorize staff to issue a commitment letter.
Motion by Commissioner Schweifler, second by Commissioner Larson to authorize
staff to issue a commitment letter, subject to approval by City Attorney.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Wamington
Nays: None.
MOTION PASSED
2002-16 PUBLIC HEARINGS:
a. Create Special Assessment District - Sidewalk Replacement Program for
2002. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
district of the project and to create a special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.
The district will not include those who complete the work under a permit before June
1st , 2002.
FINANCIAL IMPACT: None a this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the project for special assessment, create a
special assessment district for the project and assign two City Commissioners to the
Board of Assessors by adopting the resolution.
The public hearing opened at 5:47 to hear and consider any comments from the
public. Public comments were made by Lewis Sorenson of 1370 Langeland St.
Motion by Commissioner Spataro, second by Commissioner Schweifler to close the
public hearing at 5:48 p.m. and to create the special assessment district and appoint
Commissioner Shepherd and Commissioner Schweifler to the Board of Assessors.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Wamington,
Buie
Nays: None.
MOTION PASSED
b. Create Special Assessment District for Austin Street. Barney to Delano.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
of Austin, Barney to Delano, and to create the special assessment district and appoint
two City Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None a this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened at 5:55 p.m. to hear and consider any comments from the
public. Comments in opposition were heard from Linda Robinson of 2208 Austin,
Herbert Grissom of 2278 Austin, Mary McGuffey representing her father Falton Ware of
2108 Austin, and Robert Billings of 2263 Valley (property owner on Austin). Additional
comments were heard from Helen Abbey of 760 Catherine.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
public hearing at 6:06 p.m. and to create the special assessment district and appoint
two Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Schweifler, Spataro, Wamington, Gawron
Nays: Larson, Shepherd, Buie
MOTION FAILED (Unanimous vote required)
c. Create Special Assessment District for Laketon Avenue. Peck to Park.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
of Laketon Av., Peck to Park and to create the special assessment district and appoint
two City Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened at 6:24 p.m. to hear and consider any comments from the
public. There were no comments heard from the public.
Motion by Commissioner Larson, second by Commissioner Gawron to close the
public hearing at 6:25 p.m. and to create the special assessment district and assign two
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Wamington, Buie, Gawron,
Larson
Nays: None.
MOTION PASSED
2002-17 UNFINISHED BUSINESS:
a. Create Special Assessment District for Black Creek Road. Sherman to
Latimer. ENGINEERING
SUMMARY OF REQUEST: To approve the proposed special assessment of Black Creek
Rd., Sherman to Latimer and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
the special assessment and assign two Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Shepherd, Spataro, Wamington, Buie, Gawron, Schweifler
Nays: Larson
MOTION FAILED (Unanimous vote required)
b. Consideration of Bids Black Creek Road. from Sherman to Latimer.
ENGINEERING
Since the Special Assessment District for Black Creek Rd., Sherman to Latimer did not
pass this was non-applicable.
2002-18 NEW BUSINESS
a. Grant Application for Consumer's Energy Property Purchase. LEISURE
SUMMARY OF REQUEST: To authorize staff to submit a grant application to the DNR Trust
Fund for the purchase of the land from Consumers Energy for the future development
of a sports complex.
FINANCIAL IMPACT: Approximately $900,000
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
COMMITTEE RECOMMENDATION: Leisure Services Board Recommends approval.
Motion by Commissioner Shepherd, second by Vice-Mayor Buie to approve the
staff to submit a grant application to the DNR Trust Fund for the purchase of the land
from Consumers Energy for the future development of a sports complex.
ROLL VOTE: Ayes: Spataro, Wamington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None.
MOTION PASSED
b. Sheldon Park Grant Application to UPARR. LEISURE
SUMMARY OF REQUEST: To authorize staff to submit a grant application to the National
Park Service for the rehabilitation of Sheldon Park, to update the Recovery Action Plan
(RAP) of the City of Muskegon, and do adopt the resolution.
FINANCIAL IMPACT: $271,429
BUDGET ACTION REQUIRED: Will need to put $81,429 into the 2003 budget if the grant is
awarded.
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
Motion by Commissioner Shepherd, second by Commissioner Schweifler to
approve the staff to submit a grant application to the National Park Service for the
rehabilitation of Sheldon Park, to update the Recovery Action Plan (RAP) of the City of
Muskegon, and to adopt the resolution.
ROLL VOTE: Ayes: Wamington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro,
Nays: None.
MOTION PASSED
c. Write-Off of Uncollectible Accounts Receivable. CITY TREASURER
SUMMARY OF REQUEST: Periodically it is necessary to purge from the City's general
accounts receivable records items that are deemed uncollectible. In some cases
these items have gone through the entire collection process without success. In many
other cases, further collections efforts may be made by using an outside collection
agency. However, at this time, it is requested that the City Commission authorize staff
to write-off these receivables from the City's books.
FINANCAIL IMPACT: Reduce the City[s accounts receivable by $135,660.50. The
impact would be a decrease in the fund balance/retained earnings of several City
funds as follows:
101 General Fund $98,764.99
455 Micro Loan Fund 12,357.77
472 CDBG Fund 6,600.02
590 & 591 Sewer Fund & Water Fund 343.88
591 Water Fund 1, 165.87
204 State Trunklines 16.427.97
Total $135.660.50
BUDGET ACTION REQUIRED: For the Gebneral, Sewer. and Water Funds. there are
sufficient funds for bad debt expense included in the 2001 budget, so no further action
is required.
STAFF RECOMMENDATION: Approval of the 2001 write-offs effective for the fiscal year
ended December 31. 2001 for the various funds.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
the write-offs of non-collectable accounts receivable for the fiscal year ending
December 31, 2001 for the various funds.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Wamington
Nays: None.
MOTION PASSED
d. Acquisition of Property for Seaway Industrial Park through Eminent
Domain - 2009 Park Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Since negotiations with the owner to purchase the property at
2009 Park Street have been unsuccessful, it is necessary to begin eminent domain
proceedings in order to acquire the property.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property. Undetermined legal fees may also apply.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant approval of the resolution determining the
necessity to acquire land for public purposes by eminent domain and to have the
Mayor and Clerk sign the Declaration of Taking.
Motion by Commissioner Larson, second by Commissioner Gawron to grant
approval of the resolution determing the necessity to acquire land for public purposes
by eminent domain and to have the Mayor and Clerk sign the Declaration of Taking.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Wamington,
Buie
Nays: None.
MOTION PASSED
e. Sterling Development Group - PILOT. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for Arbors at
Jackson Hill (currently property owned by Don Balcom) has been requested in
accordance with Section 2-6 of the City Code of Ordinances. Members of the Sterling
Group have met with City staff, as well as members of the Jackson Hill Neighborhood
Association. The Association is supportive of their project. The City Commission is
requested to approve the contract.
FINANCIAL IMPACT: Payments under the contract are recommended to be eight
percent (8%) of the highest contract rents for all eligible units, whether occupied or not.
This amount is four percent (4%) higher than our previous PILOT Agreements for other
projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and authorize the Mayor and
Clerk to execute the contract on behalf of the City.
COMMITTEE RECOMMENDATION: The City Commission Working Session will be
reviewing PILOTS at their meeting on 2/11 /02 and may have some additional input on
this particular project.
Motion by Commissioner Shepherd, second by Vice-Mayor Buie to approve the
contract for payment in lieu of taxes for Arbors at Jackson Hill.
Motion amended by Commissioner Shepherd, second by Commissioner Spataro to
table the approval of the contract until the next Regular City Commissioner meeting on
February 26, 2002.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Wamington, Buie,
Gawron
Nays: None.
MOTION PASSED
f. Construction of Four Houses in Lakeside. LEGISLATIVE POLICY
COMMITTEE
SUMMARY OF REQUEST: To rescind previous action of the City Commission regarding
this request and approve the construction of four homes on four lots with dimensions of
72 feet x 102 feet.
FINANCIAL IMPACT: Construction of four homes (instead of only two) will generate
additional tax revenue for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to build four homes on the site and
authorize the Mayor and Clerk to sign necessary documents.
Motion amended by Commissioner Spataro, second by Commissioner Larson to
rescind previous action of the City Commission regarding this request and to approve
construction of four homes on four lots with dimensions of 72 feet x 102 feet.
ROLL VOTE: Ayes: Shepherd, Spataro, Wamington, Buie, Gawron, Larson,
Schweifler
Nays: None.
MOTION PASSED
2002-19 CLOSED SESSION: Labor Negotiations.
Motion by Commissioner Schweifler, second by Commissioner Larson to go into
closed session at 7:58 p.m.
ROLL VOTE: Ayes: Spataro, Wamington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None.
MOTION PASSED
Motion by Commissioner Shepherd, second by Commissioner Schweifler to go back
into open session at 8:09 p.m.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Wamington
Nays: None.
MOTION PASSED
a. Contract Approval - SEIU Local 517M - Unit 2. ASSISTANT CITY
MANAGER
Staff requested that this item be removed from the agenda.
2002-20 ANY OTHER BUSINESS:
Commissioner Schweifler stated that Ridge Street needs to be repaired.
Motion by Commissioner Schweifler, second by Commissioner Larson to petition for
property owners to have Ridge Street done.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
Commissioner Shepherd commented on the condition of Sixth Street, between
Houston and Monroe; and on Yuba Street. City Manager Bryon Mazade responded
that he would have Engineering look at the streets.
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 8:13 p.m.
Respectfully submitted,
vi ' () ,/ '
{-..kL-l V L v,cL-,,i"'--)
Gail Kundinger, CMC/AAE
City Clerk
Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: The Urban League of Greater Muskegon is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license. This
was approved by you last year under the name Muskegon Connection
Golf Club and is being presented to you again due to the name change.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
MEMO
TO: City Commission
FROM: City Clerk, Gail Kundinger
DATE: January 8, 2001
RE: Request to be recognized as Non-Profit Organization
Muskegon Connection Golf Club has non-profit status with the State of Michigan, but
they also need a resolution from the local municipality recognizing them as a non-profit
organization to obtain a gaming license to have bingo fundraisers. The profits from these
events are going to the Urban League of Greater Muskegon.
-· 2001-10(a)
MICHIGAN LOTTERY
CHARITABLE GAMING 0IVISION
101 E. HIU.SOALE. BOX 30023
LANSING, MICHIGAN 48909
cs 171 335-5780
WWW.state. mi.us\milotterv
LOCAL GOVERNING BODY RESOLUTION
FOR GAMING LICENSES ISSUED,BY THE MICHIGAN LOTTERY
(Authorized by MCL 432.101 et seq)
Ata Regular meeting of the __,cC-'i_t.._y....cC,;;.occmm=is=-s::..:..io=-nc.;...._ _ _ _ __
REGULAR OR SPECIAL TOWNSHIP, crrv. OR Vfl.J.AGE COUNCI\.J80All.D
called to order by Mayor Nielsen on January 23, 2001 at
OATIS
5:30 ll~./p.m. the following resolution was offered:
TIME
Moved by Vice Mayor Sieradzki and supported by Commissioner Schweifler
{.)~A,V t'..E/IG:ve· ,,pjc- C/!!;QJTc?Z.., /lfC.3/iCCGz;.J
that the request from ~l'F-G&A-i;,i-'61'! Golf P ~b - of __M""u"'s"'-ke"'g..,o"'n=-----
NAME OF ORGANlZA TlCN CITY
county of Muskegon asking that they be recognized as a nonprofit
COUNTY NAME
organization operating in the community for the purpose of obtaining a gaming license or
registration be considered for Approval
APPROV"1./CISAPPROVAl.
APPROVAL DISAPPROVAL
Yeas: 6 Yeas:
-----
Nays:
-----
0 Nays:
Absent: 1
----- Absent:
State of Michigan ) SS
County of Musk ego n
I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted
by the City Commission at a --'-R"'e""g"'u-'l.,.a.:..r_______ meeting held on
Tuesday, January 23, 2001
••• SEAL OR NOTARY .. • SIGNED:...l:::~~~~J.,;~~~~-!__-
roWNSH1P, CITY, OR VILI.AGE
Gail A. Kundinger, City
933 Terrace, PO Box 536
PRINTS) NAME AND nTU
Muskegon, MI 49443-0536
AOOAESS
NOT VALID UNLESS MARKED WTTH· GOVERNING
BODY SEAL OR NOT ARIZEO
i'T'he Midii9an Lottery wrn nOI _di$cnmin11t1e again.sf ~ :noivldual or 9r01Jo because ,~.M~~CTJON: Requir&d.
ta! race, sex. re!ig100, age 1 /'14tional ong1n, co1or, manta.1 na1us, qu.allfl8d disability or
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REAL ESTATE PURCHASE AGREEMENT
2002-14(j)
THIS /,GREEMENT is made c:)..s- 2002, by and
between Roger Nielsen and Ernest R. Norwood of N & N ASSOCIATES, a Michigan
Co-Partnership, of 420 Carmen Drive, Spring Lake, Michigan 49456 (collectively as
"Seller"), and the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell,
and Buyer agrees to buy, marketable record title of real estate, and all improvements
thereon, with all beneficial easements, and with all of Seller's right, title and interest in
all adjoining public ways, the real property ("Premises"), in the City of Muskegon,
Muskegon County, Michigan, specifically described as:
The south 546 feet of that part of the Southeast¼ of the Northwest¼ of Section 31, Town 10
North, F'lange 16 West, that lies West of the Chesapeake & Ohio Railroad right of way; except the
West 631.07 feet theraoi; and except the South 16.5 feet thereof.
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for the
Premises shall be Fifty Thousand ($50,822) Dollars, payable in cash or city check to
Seller at Closing.
3. Taxes and Assessments. All taxes and assessments which are due and
payable at the time of Closing shall be paid-by the Seller prior to or at Closing. All taxes
and special assessments which become due affd payable after Closing shall be the
responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10)
days prior to closing, a commitment for title insurance, issued by Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this
Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment is,
in the sole discretion of Buyer, deemed unreasonable, the Seller shall have forty-five
(45) days from the date Seller is notified in writing of such unreasonableness of
restriction and such unmarketability of title, to remedy such objections. If Seller
resolves such restrictions and remedies the title (by obtaining satisfactory title insurance
or (otherwise) within the time specified, Buyer agrees to complete this sale as herein ~ =
provided, within ten (10) days of written notification thereof. If the Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain
satisfactory title insurance, this Agreement will be terminated at the Buyer's option. The
premium for the owners title policy shall be paid by Buyer.
5. Personal Property and Fixtures. All personal property and fixtures
which the Seller wishes to remove shall be removed on or before 30 days after Closing.
The parties are aware that the Buyer intends to demolish the house. Any personal
property which is left on the Premises shall be the property of Buyer who may dispose
of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises,
and Buyer or its surveyor or other agents may enter the Premises for that purpose prior
to Closing. If no survey is obtained. Buyer agrees that Buyer is relying solely upon
Buyer's own judgment as to the location, boundaries and area of the Premises and
improvements thereon without regard to any representations that may have been made
by Seller or any other person. In the event that a survey by a registered land surveyor
made prior to closing discloses an encroachment or substantial variation from the
presumed land boundaries or area, Seller shall have the option of effecting a remedy
within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of
this agreement, and paying the cost of such survey. Buyer may elect to purchase the
Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as
follows:
In 2001, the property was re-zoned to 1-1 Light Industrial but has been
used as only residential since 'I 978, during the Sellers' ownership. To the best of
Seller's knowledge, the Premises have been used and operated in compliance with all
applicable federal, state and local laws and regulations related to air quality, water
quality, waste disposal or management, hazardous or toxic substances, and the
protection of health and the environment.
Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, ihe Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
The Premises does not include any "underground storage tank," as that
term is defined by state or federal law, to the best of the Seller's knowledge.
Such representations and warranties shall be deemed to have been made
again by Seller as of the Closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETVVEEN SELLER AND BUYER. AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO
THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT; ALSO SUBJECT TO THE
WARRANTY OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN
PLACED ON THE PREMISES BY SELLERS DURING THEIR OWNERSHIP. BUYER
FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for any real
esiate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.
10. Closing. The closing date of this sale shall be on or before February 22,
2002 ("Closing") or extended by mutual consent until all paper work is prepared and
ready for closing. The Closing shall be conducted at Transnation Title Insurance
Company, 570 Seminole Road, Ste. 102, Muskegon, Ml 49444. The parties shall
execute an IRS Closing Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed to
Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer
by Seller no later than 30 days from the date of closing. All I·ents and utilities shall be
received by and paid by the Seller until date of possession.
14. Costs. Buyer shall be responsible to pay the Michigan transfer tax in the
amount required by law. Seller shall be responsible to pay for the recording of any
instrument which must be recorded to clear title to the extent required by this
Agreement. Buyer shall pay for the cost of recording the warranty deed to be delivered
at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force and
effect after the consummation of this purchase and sale and continue until all liabilities
of Buyer have been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and
year first above written.
WITNESSES:
BUYE·.R ~ ~
... : MU~l;(EG.ON
CITY
c::::y-------- \ ~ I ~ . .. -. ~
l&uibOJu'--' {2 ,JJudiltn,lalA!juL .By -..2,..,L .- :::~- ( I /7~ ==-
Stephe'n]j. 1/'./ar;'ingfun, Mayor
- "---;;,J.-LL
svdf/n@ ~ -
Lincta Potter::., Deputy Clerk
SELLER:
/ '
,/ rnest R. Norwood, N & N ssociates
(ID# 2 8'-::!.{.',(, 3 'f O 'l l
Commission Meeting Date: February 12, 2002
Date: January 28, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cff..,
RE: Sale of Buildable Vacant Lot on Wesley Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot on Wesley Avenue (designated as parcel
number 24-611-000-0255-01) described as URBAN RENEWAL PLAT NO. 2, LOT 225 to
Jeff Glass, of 1276 Brusse Avenue, Muskegon, Ml. The lot is 72 x 131.85 ft. and is being
offered to Mr. Glass for $7,000. He plans to use the land for the construction of a 1,360 sq.
ft. single-family home. The home will contain 3 bedrooms, a full basement, and a 2-stall
attached garage. The appraised value of the lot is $7,000 and the Mr. Glass submitted the
only bid of $7,000.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
1/28/02
Resolution No. 2002- 14 ( k)
lVIBSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON WESLEY A VENUE
IN l\lIARQUETTE NEIGHBORHOOD FOR $7,000.
WHEREAS, Jeff Glass has placed a $400 deposit for the parcel designated as parcel numbers 24-
611-000-0255-01, located on Wesley Avenue;
WHEREAS, Jeff Glass has submitted the only bid of $7,000 for the parcel designated as parcel
numbers 24-611-000-0255-0l, located on Wesley Avenue;
WHEREAS, the sale would generate additional ta'{ revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0255-0l, located on
Wesley Avenue be sold to the above-mentioned buyer.
J.
URBAN RENEWAL PLAT NO. 2 LOT 2j55;
Adopted this _lgj)day of February, 2002
Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 12, 2002.
,.. 'n
L ,. fi
By: ._J...::.:::..~==....__:__::::=..:"--=--e)l.LJ,A....::_--,.¥'.==
Gail Kundinger,
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REAL ESTATE PURCHASE AGREEMENT
2002-14(k)
THIS AGREEMENT is made _ _ _ _ _ _ _ _ _ _ , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and JEFF GLASS, of 1276 Brusse Avenue, Muskegon, Michigan
49442 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
Urban Renewal Plat No. 2, Lot 225.
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Seven Thousand Dollars ($7,000).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a cormnitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements ofrecord
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
umeasonableness ofrestiiction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
G ,\EDSJ\F!LES\00 l 00\0426\RPA-RESJ\A0 1533.DOC I
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land bounda..":ies or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination bv Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. BUYER
ACKNOWLEDGES THAT SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR
CONTAMINATION ON THE PROPERTY, AND BUYER WAIVES ANY CLAIM AGAINST
SELLER BASED ON THE PRESENCE OF SAME.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing ofthis sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
G,\EDS~FILES\00100\0426\RPA-RESI\A0 1533.DOC
2
l 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
G,IEDSJ\FILES\00 I0010426\RP A-RES !\AO 1533 .DOC
3
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
Gail A. Kundinger, Clerk
BUYER:
Social Security No. '2, ]5; 4 . 7& ·z:s b f
G,IEDS~FILES\00100\0426\RPA-RES!IA0 I 533DOC 1
QUIT-CLAIM DEED
2002-14(k)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to JEFF GLASS, a married man, of 1276 Brusse Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Urban Renewal Plat No. 2, Lot 225;
for the sum of Seven Thousand Dollars($7,000).
PROVIDED, HOWEVER, Grantee, or his assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or his assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or his assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (l) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title of the above described premises, improvements made thereon
shall become the property of Grantor. Provided, fu11her, that Grantee covenants that the parcel described above shall be improved
with not more than one (l) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this / /'1) day of~/2:'-kc;,,,.bc,_/'_,,t1c,'1c..;G,-,,ff"--' 2002.
Signed in the presence of:
, • ' ~
G:IEDSIIFILES\00100\0426\DEED-QUIIA01531.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
6'-u
The foregoing instrument was acknowledged before me this / /;,{ day of f'e a€¥'- , 2002, STEPHEN J.
WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalfofthe City.
PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole L:,,,da s. /;,;~p,-
175 W. Apple Avenue Notary Public, Muskegon County, Michigan
Muskegon, Ml 49443-0786 My commission expires: -~;l_-~ol~o_-~o~,;;2_=~-------
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:\EDSI\FILES\00100\0426\DEED-QUI\A0153 i .DOC
Commission Meeting Date: February 12, 2002
Date: February 6, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Lot Trade with Habitat for Humanity - Park
Street and Grand Avenue
SUMMARY OF REQUEST:
To approve the trade of a buildable vacant ot at 1472 Park Street to Habitat for
Humanity in return for the unbuildable vacant lot owned by Habitat for Humanity at 404
W. Grand Avenue. This property was donated to Habitat and originally contained a
small house, which needed to be demolished. Habitat invested approximately $6,000
in demolition and other costs only to discover that the lot was not buildable. Several
solutions were discussed with the Planning Department staff before the lot trade was
arrived at as the best possible solution to the problem. As a result of the lot trade,
Habitat for Humanity will be able to construct a home on the lot at 1472 Park Street.
The City will offer the unbuildable lot to the adjacent property owner for expansion of
their yard, since their present lot is 50 x 112.6 ft. and unbuildable by City policy.
FINANCIAL IMPACT:
The trade of these two lot will allow the the City-owned 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 Land Reutilization Committee (LRC) recommends approval of the trade of 1472 To
Habitat for Humanity for 404 W. Grand Avenue.
2/6/2002
CITY OF MUSKEGON
RESOLUTION #2002- 14 ( 1 l
RESOLUTION APPROVING THE TRADE OF A VACANT CITY-OWNED BUILDABLE
LOT TO HABITAT FOR HUMANITY
WHEREAS, the City of Muskegon has received a request from Habitat for Humanity, 1330 Fifth
Street, Muskegon MI, to trade their unbuildable lot at 404 W. Grand A venue for the buildable
vacant, City-owned lot located at 1472 Park Street (parcel #24-205-407-0006-00);
WHEREAS, the lot located at 404 W. Grand Avenue is not considered buildable under the City's
Zoning Ordinance, and there are no other oppo1iunities for Habitat to utilize the property for
home construction;
WHEREAS, the City-owned lot at 1472 Park Street is a buildable lot under the City's Zoning
Ordinance and would allow the construction of a single-family home;
WHEREAS, the trade would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
NOW, THEREFORE BE IT RESOLVED, that CITY OF MUSKEGON REVISED PLAT OF
1903, LOT 6 BLK 407 be traded to Habitat for Humanity for THE EAST 53 FEET OF LOT 7,
BLOCK 407, REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON.
th
Resolution adopted this 12 day of February, 2002.
Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepehrd
Nays: None
Absent:
ClERTlrFICATION
This resolution was adopted at a regular meeting of the City Commission, held 011 February 12, 2002.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
Gail A. Kundinger, Clerl
QUIT-CLAIM DEED
2002- 14( 1 )
KNOW ALL MEN BY THESE PRESENTS: That CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, MI 49440,
QUIT CLAIMS TO: MUSKEGON COUNTY HABITAT FOR HUMANITY, a not for profit Michigan corporation, of 1708 Clinton,
Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot 6 of Block 407 of the Revised Plat of 1903 of the City of Muskegon;
for the sum of less than One Hundred Dollars ($100).
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 (h)(i).
Dated this /rftli day of fe,hru t:1 r-?·
John C. Schrier
JCS:mmf
G:\EOSI\FILES\00100\0009L\LTR\A01765.DOC
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _ __
An ordinance amending Appendix A of the Code of the City of Muskegon concerning
Police-Fire Retirement System Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The Police-Fire Retirement System Ordinance is amended as follows:
I. Section 10. RETIREMENT SYSTEM MEMBERSHIP
Section 10 shall be amended to read as follows:
Section 10. (a) The membership of the retirement system shall include all police
officers and firefighters who are in the employ of the city and all police officers and
firefighters who become employed by the city, except as provided in subsection (b) of
this section.
(b) The membership of the retirement system shall not include:
(1) Temporary or civilian employees of the police or fire departments,
(2) Special officers or special firefighters, or
(3) Privately employed police officers or firefighters.
(c) Except as provided in subsection (d) of this section and except for the
purposes of section 11, subsection (c), should any member cease to be employed by the
city as a police officer or a firefighter he shall thereupon cease to be a member.
(d) A member who remains in the employ of the city but ceases to be a police
officer or a firefighter shall remain a member of the retirement system for the duration of
his city employment. A member who retains membership in this retirement system
pursuant to Section 10(d) shall be required to make contributions and is afforded
retirement benefits as if the member had not left employment within the Police or Fire
Department.
(e) In any case of doubt as to the membership status of any person the board shall
decide the question within the meaning of the provisions of this ordinance.
In all other respects Appendix A of the Code of the City of Muskegon shall remain in full
force and effect.
This ordinance adopted:
Ayes:, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
G:\EDSI\FlLES\00100\0009L\ORDIN\929642.DOC
Adoption Date:
-----------
Effective Date:
-----------
Firs t Reading:
-----------
Second Reading:
---------- CITY OF MUSKEGON
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMnskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ___ day of _ _ _ _ _ _ _~ 2002, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further 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:----~ 2002
Gail A. Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
G:\EOS I\F!LES\001 00\0009L \ORO IN\929642.DOC
Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Utility Poles Relocation as part of Shoreline Dr. East
SUMMARY OF REQUEST:
It is respectfully requested that staff be authorized to issue a commitment letter on behalf of
the City to reimburse C.E. an amount not to exceed $60,000 as a compensation for time,
material and labor necessary to relocate three transmission poles by their sub-station near
Western & Pine. The relocation is necessary for the construction of Shoreline Dr. and the
compensation is due to the fact that the poles in question are not within a public right of way
and therefore a compensation is due.
FINANCIAL IMPACT:
A not -to-exceed figure of $60,000 for labor, material and administration necessary to
relocate three poles near sub-station.
BUDGET ACTION REQUIRED:
None at this time. The cost will be eligible for the build Michigan Grant to construct
Shoreline Dr. East.
STAFF RECOMMENDATION:
Authorize staff to issue a commitment letter.
COMMITTEE RECOMMENDATION:
A CMS Energy Company 1945 West Pama/I Road
Jackson, Ml 49201-8643
January 14, 2002
Mohammed S Al-Shatel
City of Muskegon Engineer
933 Terrace St
PO Box 536
Muskegon, MI 49443-0536
SHORELINE DRIVE PROJECT
The estimated cost to relocate three transmission poles outside of our Terrace Sub at
Highway Station 1+690 is $60,000. This cost does not include the pole in vacated
Water St Highway Station 1+340.
If any distribution poles need to be relocated for this highway project, contact our
Muskegon District office.
We would appreciate a commitment from the City of Muskegon by February 15,
2002 to reimburse Consumers Energy for relocating these poles, as we have to
relocate a section of this line for Westwood Construction by the spring.
Kenneth D King
Transmission Lines Design
~-,7 1~~ l"'/77 RECEIVED
CITY nr '" •~l·:,51
65% MEDIAN HOUSEHOLD INCOJ-:,tE CHART.{{
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 Contra
purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a dee
mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showi1
both yo ..r 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 witr
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 insuffici,
documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurredfrom repairs done by a private contractor or by do,
them yourself, will !!QJ. be reimbursed
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.
The City's comprehensive sidewalk SIDEWALK SIZE: Requesting additional sections to be
replacement program set minimum replaced:
standards to help reduce potential Sidewalks are to be 5' wide with the
accidents due to broken or uneven exception of sidewalks that go around trees, Owners of property will be allowed to
walkways. To establish sections of in which case the minimum continuous request that additional sections of sidewalk
sidewalk that need to be replaced, the width must be 42". that are cracked or broken, but not
following criteria were followed: hazardous, or if the owner wishes to have
SIDEWALKS IN THE TERRACE: their total sidewalk replaced. This does not
1. Rise or drop of more than ¾" include property owners receiving CDBG
2. Broken or cracked in many pieces Sidewalks that are located in the terrace funding to pay for their special assessment,
throughout. between the city sidewalk and the curb will the owners will be restricted to the required
3. Holes more than ¾" deep. be inspected with the same criteria as the sections only.
4. Badly spalled. City sidewalks and may either be removed
5. Open cracks more than ½" wide or replaced at the owners choice.
6. Broken sections with loose pieces of
concrete DRIVE APPROACHES: APPEAL PROCESS:
7. Crumbling due to age, weather,
and/or improper material used in the If a drive approach is hazardous with deep If you feel the sidewalk does not meet the
original construction, or for other holes or raised areas, or other hazards, it will above criteria, you may appeal to the City
reasons. be required to be replaced. If no approach is Engineer@ (231) 724-6707. If you are still
8. Side scope of more than 8% (1 for provided, but cars are crossing the terrace, not satisfied after your appeal, you may
everyl2") an approach will be required, provided a request a hearing with the Sidewalk Review
legal driveway is permitted by the Zoning Board.
ADDITIONAL CONDITIONS: Ordinance.
When one section doesn't need to be STREET CORNERS AND ALLEYS: If you have any questions about the
replaced, but the sections on each side do, specific sections that need to be replaced,
all three sections must be replaced. When The City will be responsible for the cost of please contact the Engineering
only a small area (one square foot or less) of all replacement of sidewalks at the street Department@ (231) 724-6707.
a section is missing or broken, it will not corners and where alleys cross the
need to be replaced provided that there is sidewalks. If the sidewalk is to be replaced
still 42" of good continuous sidewalk and at corners, it will be made handicapped
there is no rise or drop, accessible.
Those sections that do not fall within the
above criteria but are hazardous will be
required to be replaced.
\\MUSKDA TA\DATA\ENG!NEERING\COMMON\200 I PROJECTS MASTER FILE\PROJECTS\SW 200 I\SIDEWALK PAMPHLET.doc
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:
2002 SIDEWALK PROGRAM
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
It is proposed that the total cost of the improvement will be paid through special assessments. The 2002
cost has been set at $5.20 per square foot of sidewalk and will include all incidentals (i.e. root cutting,
concrete removal, excavation, etc.). Any work on drive approaches will be assessed at the contract price
plus related engineering fees.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON February 12, 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE
ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of the
public necessitates the improvement.
PUBLISH: February 2, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for
the hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to
attend the meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
_.
- RECEIVED
- - ~ ~ ( } _ - ~ - ~ - ___ __ -------~ITY~F -~~l~K~GON_________ _
-------'-fl~---Jib ~_:).'/-~SD _ Q_JJ_o -_oolO -Oil__ --
FEB O 2002- - - - - -
----- -
- -----------------I -O- - ;;i__s_,,=~--~-
LL - 0,. t ,. ,;~ ; ri-nl-.---- ------
----- --- ----r.J--_;-:-;ttt,l!'ftfb~F-
/I - J,./11
------- -------------------·- - -- - - ----- - ·- -· --------------- - -------- -- ---- - - - - ~-- - ------
~_ _ !b _ ]r, ,- /11, us f_ ~o -i C : I 2- Co m l'YI , ·s_s ; o n -; --~!JJ, _~-
- ------- - --- -- - - -·-----·-- -- -~- - -----------
Date: Febmaiy 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Austin, Barney to Delano
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Austin, Barney to
Delano, and to create the special assessment district and appoint two City Commissioners
to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Austin, Barney to Delano
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 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 repmt and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 12, 2002, there were _ _ _% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
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 prope1ty 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 _ _ _ _ _ _ _ _ _ __
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 65.02% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 12, 2002.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ENGINEERING FEASIBILITY STUDY
For
AUSTIN BETWEEN BARNEY TO DELANO
In an effort to incorporate the established goals into our proposed work, we are proposing the
reconstruction of Austin between Barney & Delano. This proposal was initiated by the City due
the road's surface as well as drainage conditions. The surface conditions have deteriorate to
point where any other type of improvement such as milling and resurfacing would not have a
lasting effect on its life cycle and therefore, the cost to benefit ration would very high.
The goals that are met under this proposal are;
1. Develop & Maintain City's infrastructure and facilities
2. Maintain & enhance the residential neighborhood of the City
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $135,000
with the length of the project being approximately 1300 lineal feet or 2414.81 of assessable
footage. This translates into an estimated improvement cost of $60 per assessable foot. The
assessment figure will be at a cost not to exceed $36.35 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
I MUSKEGON COUNTY
173 E APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
IM C H C:_, N
(231 I 724-6386
FAX (231) 724-1129
I BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
Kenneth J Hu!ka, Chair
I Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
I James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start January 30, 2002
I Mohammed AI-Shatel, City Engineer
City of Muskegon
933 Terrace Street
I Muskegon, MI 49443
Mr. Al-Shatel:
I In accordance with your request, I have examined the proposed special assessment district
entailing the reconstruction of Austin Street from Barney Avenue to Delano Avenue. The
purpose ofthis analysis is to document the reasonableness of this special assessment district by
I identifying and quantifying any accrued benefits. It is subject to the normal governmental
restrictions of escheat, taxation, police power and eminent domain. The effective date is
I January 30, 2002.
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
I reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
I encompasses primarily residential properties. The front foot rate of$36.35 for the paving of
the above mentioned project area appears reasonable in light of analysis that indicates a
possible enhancement of$37.48. The conclusions are based upon the data presented within
I this limited analysis in restricted format, and on supporting information in my files.
I
;~~J-
Sincerely,
I (1: /4~&-J~f
Jerry A Groeneveld, CMAE 3
I Senior Appraiser
I
I
I !DO 123;, .'22 -tt O~;- • An EEO,, ADA
r,yyc'/ed paper
AA Err:pio_ve.r
EXHIBIT A
AUSTIN FROM BARNEY TO DELANO
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Austin from Barney to Delano
SPECIAL ASSESSMENT DISTRICT
CITY OF MUSKEGON Ml
- -
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en
Estimated Front Foot Cost: $36,35 per Foot w I
~,_
ESTIMATED TOTAL COST $1,890.20, uw a,,''
L&J
u..
(1)
(.)
>-
Property Description a:: .t:
(.)
WELWORTH S,28 FT OF LOT 122 & N 24 FT OF LOT 123
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR [XI I AM OPPOSED
•
Owner
Signature
Address
6
Thank you for taking the time to vote on this important issue.
H-1544 AUSTIN, BARNEY TO DELANO
PROPERTY OWNER SPECIAL ASSESSMENT RES?ONSE TABULATION
EEEI eEBC:EIIII8GE TOTAL NUMBER OF ?ARCE LS -47
FOR OPPOSE
LETTER# PARCEL# FEET LETTER PARCEL# FEET
TOT AL ASSESSABLE FRONT FOOT AGE 2414.810 ··~ 6 24-860-000-0123-00 52.00 24-860-000-0135-00
5 24-860-000-0119-00 40.00 3' 4-860-000-0121-0
64.63
52.00
FRONT FEET OPPOSED 1481.55 61.35% 2 24-860-000-0135-00 64.63 24-860-000-01202-00 40.00
24-860-000-0106-00 44.91 '; 24-860-000-0119-00 40.00
RESPONDING FRONT FEET IN FAVOR 201.540 8.35% 8 4-860-000-0124-0 52.00
9 4-860-000-0117-0 40.00
NOT RESPONDING - FRONT FEET IN FAVOR 731.720 30.30% 10 24-860-000-0116-00 40.00
15 4-860-000-0128-0 60.00
TOTAL FRONT FEET IN FAVOR 933.260 38.65%
"
18
24-860-000-0111-00
4-860-000-0130-0
60.00
56.00
19 4-860-000-0110-0 60.00
23 4-860-000-0133-0 56.00
"
26
24-860-000-0105-00
4-860-000-0104-0
50.00
50.00
24-860-000-0102-00 50.00
" 24-860-000-01 01-00 50.00
"
31 4-860-000-0140-0 51.42
" 24-860-000-01 00-00 40.00
"
35
24-860-000-0141-00
24-860-000-0142"00
51.42
51.43
37 24-B60-000-0144-00 51.43
24-860-000-0096-00 50.00
" 24-860-000-0146-00 40.00
"
" 24-860-000-0147-00 54.20
"
43
24-860-000-0095-00
4-860-000-0094-0
62.50
50.06
44 4-860-000-0149-0 54.20
45 4-860-000-0090-0 50.06
" 24-860-000-0150-00 54.20
TOTALS 201.54 1481.55
TABULATED AS OF: 02112/02 05:26 PM
02/12120025:29 PMTABULATION OF THE RESPONSES TO THE SP. ASS, HEARING ON AUSTIN
AUSTIN Name Checi< iist
___ ______
- -
.,,
(r,w/ 2108 Fulton Ware
-""" 2116 Allen Herron
w 2124 Ben & Patricia Cole
2132 Darleen Townsend
2142 Willie 8. Odneal
ll'lM J 2148 James Holsev
2156 Ottaco Inc
RECEI\/\ED till 2164 N&N
2"174 West Man LLC
tw 2184 John Achterholff
2208 Linda D. Robinson
-
2213 James M. Swan
City Cieri~$ Office 2224 Robert G. Mortensen
2232 Clarice Anderson
rI 2240 REG ILC
-l 2248 Robert L. Billinas
·--·--
.. 2283 Mark & Christine Rice
2285 Doris Anderson & Mark Rice
--
2295 Tonie D. Brooks
2183 Jovce Jemison --- ... ,---··-·--··-- - -
-- 2177 Luanne Sims
I 2167 Margareta L. Montalvo
2161 Enous Lee - l 1,J w.,,.,j.
2145 Wells Farno Home ·
2137 Muskegon Housina Comm -
------
I~ 2131 Onesiohorus B. Burrel -··--- ----- -----
---· ···-
~ 2127 Onesiphorus B. Burrel
2121 Robert Y Kimberlv Billinas
---
I 2115 Marv A Mallard
2109 Jason Probelski
··------· - ... ------··-·--·---·----
----
2256 Robert Erickson Sr. -- . ---
2262 Donald & Tina Dill
2270 Robert Billinas II
2278 Herbert H. Grissom
-··-··
--- - . ----------
---------
-
2284 Carv E. Reed
-- -·---
2294 Elvira Prieto
--
2207 Geraldine Parker ____
2215 Arthur Backmann
-··-- .. - -- ---------- -----
)
2223 Arthur Backmann
2231 Robert L. Billinos ---~--
) 2239 Othell Kitchens . -- - -~-
2243 Irene M. Croff .. -------
~
2253 Harold Williams
· 2263 Daniel A Busman
2279 Chester Johnson
-
C.P, t-1_,i1,L,~ -
!IT6 Hackelv Sharon Love Rice
936 Hakclev Porter Wimblev
P!ElTrION RESPONSE REGARDING SPECIAL ASSESSMENT
Project Title:Austin, Barney lo Delano
Project Description: all parcels abuttin_g Ausrun from North of Barney to South of Delano.
We the undersigned, property owners within the proposed Special Assessment District as
descn'bed above, hereby state and affirm that we are OPPosed to the creation of the Special
Assessment Street Paving Project. We also request that the City of Muskegon Council hereby
oppose the creation of the Special Assessment Street Paving Project.
Name: Property Address Date:
' .
,' 'J
.1 .$(1,v v- t/1,;peet/l-/Pf..e. P-,tm ffYM.i: - r}""',.71.,~ /rz;LPe.y
1/51, a-,----:'. ( -~ ••. -r~ . _ ,9,18.3 tE\:tiDt¼ ~\L ;1- 1~ -oG- .
(i Cktt«zih:twt.+'~ ' f\.'2) en J,-e.,\rk&:/:i O't) J>loti/L;'l_ --<-..~f-.J:, ·&r-
RECEIVED
,-~-~ 1 2 200:2
it'> !~
City Clerks Ottice
RECEIVED
~-F'
)' ii;, 1! NlY, ,~t_JcJb
,cl ,J,.
' ,,_..,_ ?l'Q'l
PET!'Jf!ON RESPONSE REGARDING SPECIAL ASSESSMENT
City Clerks Office
Project Title:Austin, Barney to Delano
Proje~t Description: all parcels abutting Austin from North of Barney to South of Delano.
We the undersigned, property owners within the proposed Special Assessment District as
described above, hereby state and affirm that we are opposed to the creation of the Special
Assessment Street Paving Project. We also request that the City of Muskegon Council hereby
oppose the creation of the Special Assessment Street Paving Project.
Name: Property Address Date:
/ / I
CY»'O/rJJ-
7 J
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SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to !he City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2284 AUSTIN ST
Parcel Number 24-860-00O-0149-00
Assessable Frontage: 54.2 Feet
Estimated Front Foot Cost: $36.35 per Foot iFEB 12 2002
ESTIMATED TOTAL COST $1,970:17 City Clerks Office
Property Description
WELWORTH S 25.8 FT OF LOT 148 & N 28.4 FT OF LOT 149
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
CJ
__,_·,_·_
····----------'--- CoOwner/Spouse ______________
Owner
. /. .,
Signature ,, . Signature-------------
Address • ........;.;..........__..__....;.;_........, Address
44
Th.ank you for taking the time to vqh\ on this important issue.
, fl ';•.;_,,... :;. I \,
' t.'t h.
(
! /
I•; ,
,.,.1 /
(._'llffv?
-7 , r L,,,..
iC·· , h I> ::,J) )
,
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
It you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate wherher you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece cf tape or staple prior to mailing.
Assessment Information
Property Address: 2167 AUSTIN ST
Parcel Number 24-860-000-0110-00
Assessable Frontage: 60 Feet fEl:l 12 2002
Estimated Front Foot Cost: $36.35 per Foot
City Clerks Othce
ESTIMATED TOTAL COST $2,181.00
Property Description
WELWORTH N 20 FT OF LOT 109 & ALL OF LOT 110
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED [I]
o_wner g;~~}~: 2m~~M{D@wne~/Spouse
Signature -.l...l..!.:.
HEARING RESPONSE cA~o i'
To have your vote count, please;
Return This Card By FEBRUARY 12;~6oi ;i
Project Title: Austin, Barney to Delano ·,:-·,, ;-.•,
1
Project Description: All parcels abutting Austin frorni~orth'cifs~~i,~y to S0Ut11 of6;1~Ao
INSTRUCTIONS
If you wish to have your written vot,, included as pact ofthe t~bul?tiQB ofvnte.~ for,,,,ar(J"'d. ,,,
the City Commission for the scheduled public hearing,.please reti.trp this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing.
.
Be sure to seal the form with a small piece of tape or staple
. .
priort.omailing.
' . '
Assessment Information
Property Address: 886 E HACKLEYAVE
Parcel Number 24-860-000-0106-00
Assessable Frontage: 44.91 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,632.48
Property Description
WELWORTH LOT 106
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
IAMINFAVOR @ . IAMOPPOSED •
Owner
Signature ;.....'"'-"~~!-H......,~i""',f#"-~'1-'
Address
SPECIAL ASSESSMENT
HEARING RESPONS{; CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
It you wish ic have your written vote included as part of !.he tabufarion of votes torwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment lnformgli_on
Property Address: · 2184 · .A.vSTINST ·
Parcel Number 24C86QcQQQ-Q133-QQ
Assessable Frontage: 56 Feet FIE 1CEI\/ED
Estimated Front Foot Cost: $36.35 per Foot fES 12 2002
ESTIMATED TOTAL COST $2,035.60
City Clerks Office
Property Description
WELWORTH
S 36 FT OF LOT 133
& N 20 FT OF LOT 134
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
IAMINFAVOR ,0 IAMOPPOSED ~
Signature
Address
23
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2278 AUSTIN ST
Parcel Number 24-860-000-014 7-00
Assessable Frontage: 54.2 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,970.17
Property Description
WELWORTH LOT 147 & N 14.20 FT OF LOT 148
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED i;x:I
i.,.,.•f,,-,,. ,,., l_! '.f.-•/;' .·1 ,,. • S
Owner
1 1,/L·lD.A?t?· / , /u-ceJu,nn' CoOwner/ pouse
• I ' . I
. }:/_JJ..,,,u~_.,'>L,ti..:r /~1 /J 1;j/J,,;P?v
Signature ; ?
.,,, 2, J _g·,> ✓·.·' / .,, F· ✓, , .. ·.
...,
;•.-4--
Signature
Address d''=,.,, · / · · .,,,, LA''"'·_,,_&7,,-, ,,;z,;:, · Address
41
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have yourvote count, please .
Return This Card By F_EBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
·• ifyou wish lo have your wi"itten vote included a,; p.iit ofthe tabulation bf votes forwartled !i::l
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2263 AUSTIN ST
Parcel Number 24-86Q-QQQcQQ96-0Q
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,817.50
Property Description
WELWORTH N 30 FT LOT 96 & S 20 FT LOT 97
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
/
__ .- ~-,
Signature
Address
39
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
!f you wish to have your written vot-e included as part of the tabulsition of votes fon,va:rded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 916 E HACKLEY AVE
Parcel Number 24-86Q-QQ0C0135-00
Assessable Frontage: 64.63 Feet
Estimated Front Foot Cost: $36.35 per Foot BECEIVED
ESTIMATED TOTAL COST $2,349.30 FEB 11 2002
Property Description
City Clerks Office
WELWORTH LOT 135 & S 20 FT OF LOT 134
Your vote COUNTS!
I AM IN FAVOR
/ '
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
f>(. I
2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Dalano
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2283 AUSTIN ST
Parcel Number 24-860-000--0094-00
Assessable Frontage: 50.06 Feet
Estimated Front Foot Cost: $36.35 per Foot
ESTIMATED TOTAL COST $1,819.68
Property Description
WELW,'.lRTH N 22.56 FT OF LOT 93 & S 27.5 FT OF LOT34 ·
Your vote COUNTS!
IAMINFAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
i AM OPPOSED
Owner
Signature
Address
43
Thank you for taking the time to vote on this important issue.
SPEC~LASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12,2002
Project Title: Austin, Barney to Delano
Project Description: All parcels abutting Austin from North of Barney to South of Delano
INSTRUCTIONS
!f you \vish to have your ,Nritt0n ·vote· i:ic!uded as part of the.tabulation ofvOteS. foivvarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2285 AUSTIN ST
Parcel Number 24-860-000-0092-00
Assessable Frontage: 50.06 Feet RECEIVED
Estimated Front Foot Cost: $36.35 per Foot FEB 11. 2002
ESTIMATED TOTAL COST $1,819.68 r.·
~1ty Clerks Office
Property Description
WELVlfORTH N ;12.62 FT !)FLOT 92 & S 17.44 FT OF LOT 93
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED fXI
f-·
Thank you for taking the time to vote on this important issue.
Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Laketon Ave. from Peck to Park
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Laketon Ave. Peck to
Park and to create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2002-16 ( c I
Resolution At First Hearing Creating Special Assessment District
For Laketon Ave. from 256' E. Park to Peck
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 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 February 12, 2002, there were 5. 55 % 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 eqnivalcnt 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 fmih in Exhibit A attached to this resolntion.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners • Spataro and -~G=•a~w~r~o=n_ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 11.42%1 of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in prope1iies to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays None
CITY OF MUSKEGON
By 4*-K
gdin~ r
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 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
ILAKIETOIN AVIE. FROM PECK TO PARK
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Laketon Ave. from PECK TO 256' E. PARK
~ , l=i I H
I
AFFIDAVIT OF MAILING
STATE OF TvllCHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1537, LAKETON AVE-PECK TO PARK 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 FEB ARY 2002.
SUBSCRIBED AL'-JD SWORN TO BEFORE ME THIS
/! lh DAY OF rUJ r u a fo'I , 2002.
~ ~- &t/L,
f ARYPUBLIC, MUSKEGON COUNTY, MICHIGAN
L/,,J_ o.. S. /o rf-l'r
MY COMMISSION EXPIRES J - dl.S-- 0;)
ENGINEERING FEASIBILITY STUDY
For
LAKETON AVE. FROM PECK TO PARK
This proposed project consist of Milling & resurfacing the entire section of Laketon between
Peck & Park as well as widening that section between Sanford & Fifth to construct a left turn
lane. The proposed project was initiated by the City due to its conditions and the need for a left
turn lane @ Jefferson & Fifth. With this project, we would have completed the entire Laketon
Ave. corridor in the last I 0-years.
The proposed resurfacing, we feel, is necessary to prevent this section of roadway from further
deteriorating where resurfacing would no longer be a valid option and a complete reconstruction
would then be necessary, and subsequently increasing the cost to the property owners as well as
to the City.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $550,000
with the length of the project being approximately 2410 lineal feet or 3489.48 of assessable
footage. This translates into an estimated improvement cost of $157 per assessable foot. The
assessment figure will be at a cost not to exceed $18.00 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
II MUSKEGON COUNTY
II M
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
C H G A N FAX (231) 724-1129
II BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
II Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
II Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moufatsio!is
Clarence Start
II Mohammed Al-Shatel, City Engineer
January 30, 2002
City of Muskegon
II 933 Terrace Street
Muskegon,MI49443
II Mr. Al-Shatel:
II In accordance with your request, I have examined the proposed special
assessment district entailing the milling and resurfacing of Laketon A venue
between Park Street and Peck Street. The purpose of this analysis is to
II document the reasonableness of this special assessment district by identifying
and quantifying any accrued benefits. It is subject to the normal governmental
Ill restrictions of escheat, taxation, police power and eminent domain. The effective
date is January 30, 2002.
II In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
project. The amounts reflect the sum of the immediate estimated value
'II enhancement and the intrinsic value that will accrue from an overall increase in
ptoperty values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$18.00 appears
II reasonable in light of analysis that indicates a possible enhancement of$18.90.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
II
~~e~y,~
II Te:r;f ~eneveld, CMAE 3
Senior Appraiser
II
II TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
Affirmative Action
231/724-6703
FAX/722-12141
Assessor
231/724-6708
FAX/726-5181
Cemetery February 1st, 2002
231/724-6783
FAX/726-5617
Civil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
Clerk
231/724-6705
FAX/724-4178
PARCEL OWNER
Comm. & Neigh,
Services
XXXSTREET
r
231/724-6717 MUSKEGON, Ml ZIP CODE J
FAX/726-2501
Engineering Parcel Number XX-XXX-XXX-XXXX-XX: at PARCEL ADDRESS
231/724-6707
F AX/727-6904
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Finance
231/724-6713
F AX/724-6768
Dear Property Owner:
Fire Dept.
231/724-6792
F AX/724-6985 The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
Income Tax
231/724-6770
F AX/724-6768
LAKETON AVE- PECK ST TO PARK ST
Info. Systems
231/724-6744
FAX/722-4301 The proposed special assessment district will be located as follows:
Leisure Service
231/724-6704 All parcels abutting Laketon Ave from 256' E of Park St to E side of Peck, also including
FAX/724-1196 Fifth St and Jefferson St 100' N of Laketon.
Manager's Office
231/724-6724
FAX/722-1214
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
Mayor's Office
231/724-6701 of the proposed special assessment which are important to you.
FAX/722-1214
Inspection Services Public Hearings
231/724-6715
FAX/726-2501
An initial public hearing to consider the creation of a special assessment district will be
Planning/Zoning
231/724-6702
held at the City of Muskegon City Commission Chambers on FEBRUARY 12, 2002 at
F AX/724-6790 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
Police Dept,
in writing to express your opinion, approval, or objection concerning the proposed
231/724-6750 special assessment. We are enclosing a Hearing Response Card for you to indicate
FAX/722-5140
your agreement or opposition to the special assessment. This card includes the
Public Work! property identification and description, assessable footage per City policy, and the
231/724-4100
FAX/722-4188 estimated cost of the assessment. You may also appear, as above, in lieu of, or in
Treasurer
addition to mailing your response card to the City Clerk. Written objections or
231/724-6720 appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
F AX/724-6768
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
Water Billing Dept. IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
231/724-6718
F AX/724-6768 OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
Water Filtration
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $550,000.00 of which
approximately 11 .42% ($62,810.64) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12, 2002
Project Title: LAKETON AVE- PECK ST TO PARK ST
Project Description: all parcels abutting Laketon Ave from 256' E of Park to E side of Peck.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 366 W LAKETON AVE
Parcel Number 24-205-461-0005-10
Assessable Frontage: 207 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $3,726.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
PART OF BLK 461 DESC AS
COM ATS 1/4 COR OF SEC 30 T10N R16W
TH S 89D 57M 35S E ALG S LN OF SD SEC 454.35 FT
Your vote COUNTS!
• •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - -
Address Address
16
Thank you for taking the time to vote on this important issue.
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 infotmation)
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:
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)
.< om1ift•s•sYc:§XiMJluf/
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET ASSESSMENT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times -Ifyou have already applied, please discard.
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
200 I, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% MEDIAN }[OUSEHOLD 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, MI 49440
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.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
1. Austin, Barney to Delano
2. Laketon Ave. Peck to Park
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Austin Street from Barney to Delano
&
• All parcels abutting Laketon Ave. from 256' E. Park to Peck
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON February 12, 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
!-!AVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: February 2, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H-1537
MILLING AND RESURFACING HEARING DATE FEBRUARY 12, 2002
LAKETON AVE- PECK ST TO PARK ST
24-205-460-0003-00 MUSKEGON RESCUE MISSION ASSESSABLE FEET: 61.15
1691 PECK ST COST PER FOOT: $18.00
@ 400W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,100.701
24-205-461-0005-10 CITY OF MUSKEGON ASSESSABLE FEET: 207
933 TERRACE ST COST PER FOOT: $18.00
@ 366W LAKETON A MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $3,726.00 1
24-205-461-0014-00 KEENE LUMBER CO ASSESSABLE FEET: 286.2
346 W LAKETON AVE COST PER FOOT: $18.00
@ 346W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $5,151.601
24-205-462-0005-00 CITY OF MUSKEGON ASSESSABLE FEET: 441
933 TERRACE ST COST PER FOOT: $18.00
@ 280W LAKETON A MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $7.938.oo 1
24-205-463-0005-00 CITY OF MUSKEGON ASSESSABLE FEET: 330
933 TERRACE ST COST PER FOOT: $18.00
@ 1790 5TH ST MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $5,940.00 1
24-205-464-0005-00 CITY OF MUSKEGON ASSESSABLE FEET: 267
933 TERRACE ST COST PER FOOT: $18.00
@ 1790 JEFFERSON MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $4,806.00 1
24-205-465-0003-00 HACKLEY HOSPITAL ASSESSABLE FEET: 134
1700 CLINTON COST PER FOOT: $18.00
@ 1778 SANFORD S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2.412.00 1
1/31/02 Page 1 of 4
MILLING AND RESURFACING HEARING DATE FEBRUARY 12, 2002
LAKETON AVE- PECK ST TO PARK ST
24-205-465-0006-10 CITY OF MUSKEGON ASSESSABLE FEET: 134
933 TERRACE COST PER FOOT: $18.00
@ 1781 PECK ST MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $2,412.00 1
24-230-001-0001-00 FEDERAL MOGUL PISTON RING ASSESSABLE FEET: 325.75
US 31 @M 45 COST PER FOOT: $18.00
@ 1839 6TH ST GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $5,863.50 1
24-230-002-0001-00 TIME OUT LOUNGE ASSESSABLE FEET: 76
313 W LAKETON AVE COST PER FOOT: $18.00
@ 313W LAKETON A MUSKEGON Ml 49441-032 ESTIMATED P.O. COST: I $1,368.oo 1
24-230-002-0003-00 JBE PROPERTIES LLC ASSESSABLE FEET: 55
313 W LAKETON AVE COST PER FOOT: $18.00
@ 307W LAKETON A MUSKEGON Ml 49441-032 ESTIMATED P.O. cosr: '-I_ __:_$_99_o_.o_o-'I
24-230-002-0018-00 SHERMAN LEASING LLC ASSESSABLE FEET: 131
301 W LAKETON AVE COST PER FOOT: $18.00
@ 301 W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,358.oo 1
24-230-003-0001-00 1840 CORPORATION ASSESSABLE FEET: 83
1840 6TH ST COST PER FOOT: $18.00
@ 261 W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,494.oo 1
24-230-003-0001-10 1840 CORPORATION ASSESSABLE FEET: 48
1840 6TH ST COST PER FOOT: $18.00
@ 247W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: 1~_$;_8_64_.0_0_JI
1/31/02 Page 2 of 4
MILLING AND RESURFACING HEARING DATE FEBRUARY 12, 2002
LAKETON AVE- PECK ST TO PARK ST
24-230-003-0020-00 BRADFORD GARTH TRUST ASSESSABLE FEET: 70.63
515 GRANT ST COST PER FOOT: $18.00
@ 237W LAKETON A GRAND HAVEN Ml 49417 ESTIMATED P.O. COST: I $1,271 _34 1
24-232-001-0002-00 HOAGLAND CHARLES ASSESSABLE FEET: 62.75
1022 E ADAMS COST PER FOOT: $18.00
@ 1801 PECK ST SPRINGFIELD IL 62703 ESTIMATED P.O. COST: I $1,129_50 1
24-232-001-0011-00 HUNTINGTON BANK ASSESSABLE FEET: 125.5
221 WWEBSTERAVE COST PER FOOT: $18.00
@ 43W LAKETON A MUSKEGON Ml 49440 ESTIMATED P.O. COST: I $2,259_00 1
24-232-006-0001-00 MUSK GOVT EMPLOYEES FED ASSESSABLE FEET: 133
65 W LAKETON AVE COST PER FOOT: $18.00
@ 65W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,394.oo 1
24-232-006-0014-00 WILLIAMS PEGGY A ASSESSABLE FEET: 66.5
1810 JEFFERSON ST COST PER FOOT: $18.00
@ 1810 JEFFERSON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,197_00 1
24-232-007-0001-00 BUCKLEY KENNETH ASSESSABLE FEET: 62.5
1811 JEFFERSON ST COST PER FOOT: $18.00
@ 1811 JEFFERSON MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,125.001
24-232-007-0013-00 BLAIS L & M INC ASSESSABLE FEET: 89
185 W LAKETON AVE COST PER FOOT: $18.00
@ 145W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,602.00 1
1/31/02 Page 3 of 4
MILLING AND RESURFACING HEARING DATE FEBRUARY 12, 2002
LAKETON AVE- PECK ST TO PARK ST
24-232-007-0013-10 BLAIS LINCOLN MERCURY ASSESSABLE FEET: 36
185 W LAKETON AVE COST PER FOOT: $18.00
@ 139W LAKETON A MUSKEGON Ml 49441 ESTIMATED Po. cosT: $.c._6_4_8._oo-'/
. _ I_ _
24-232-012-0001-00 BLAIS KAREN L TRUST ASSESSABLE FEET: 132.25
185 W LAKETON AVE COST PER FOOT: $18.00
@ 185W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,380.50 1
24-232-012-0013-00 BLAIS KAREN L TRUST ASSESSABLE FEET: 132.25
185 W LAKETON AVE COST PER FOOT: $18.00
@ 185W LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,380.50 1
SUM OF ASSESSABLE FOOTAGE: 3489.48 SUM OF ESTIMATED P.O. COST: $62,81 o.64 I
TOTAL NUMBER OF ASSESSABLE PARCELS 24
1/31/02 Page 4 of 4
. ..
SPECIAL .A SSESSMENT
HEARING .Rl=SPONSE CARD
To have your vote count, please
.· . .Return This Carel By FEBRUft.RY 12, 2002
Project Tftle: LAKETON AVE- PECK ST TO PARK,s:r· ·:
. .
Project Description: all parcels ab~tting Laketon Ave from 256' E of Park to E side of Peck.
INSTRUCTIONS
If.you wish to have y.our written vote included as part of the tabulation of votes forwar:ded to
: th6 City Commission for the scheduled public hearing , piease return this card by the d_ a te
indicated above. To use this response card please indicate whether you Oppose o~ Favor
this special assessment project, sign the form and return _it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing .
.A.ssessment Information
Property Address: .. · 1811 · · ·- JEFFEl--~SON ST
Parcel Number 24~2·32-00-7-0001-·00
Assessable Frontage: 62:.5 Feet
Estimated Front Foot Cost: $ 18.00 p6r Foot ' RtCE\\f EO
ESTIMATED TOTAL COST $1,125.00 fEB _o 7 2002
Property Description ,, ott,ce
CITY OF MUSKEGON
c,tv C\err-S
DEN~JIS SMITH & COS SOUTH SIDE ADDITION
LOT 1 BLK 7
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR 1:,'<] ! AM OPPOSED •
1 !f~ 0 --, 1 · •,~ -1 r:::: Q L-' ,., V / 'F.. v' CoO"vn · er/.Spouse.- - ----L·-·l-,~,, ,,-i) ✓.::;-- ,.::.·1 .S' -~,- ,....,,
Owner \,vn.C I /,,./-r C ' J:~, '- -..~! '- _,,,_ ~- ,. ' ·-·
·\.
..,--~---·,-... 7___ ......_
_ ,......,
_.- - - -
::? · ,. ~~- ; ' ~ , ,.1 J' 1._
s'
1,,~t-· '
t" __,,. ....,..,. '-.. .-'.•_. ,4.,,_,J;f!_,. - • f):.,... L~_.t_,,!';,:_,,,_,... _, ...?
,7 ,', /(: ,1,- ,. ;:,, ··-
Igna nre ; - --- -- .-.. · ~ r-,--
f.._-., Signature - - - - - - - - - - - - - - -
, '<,,..., ! ,. ,.... J ;{o I
,_r - ,1-,.-,,-:;
•-
/ ~J "-y-~ , , 1 :::,7 1
Add ress ,.. ·.• · ,• .- ~ ,1 • ....,. '-- ·· ':' L · · ..:...:.. Address
23
Thank you for taking the time to vote on this important issue.
' ''
''
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12, 2002
Project Title: LAKETON AVE- PECK ST TO. PARK ST
..
Project Description: all parcels abutting Laketon Ave from 256' E of Park to E side of Peck.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 301 . W LAKETON AVE
Parcel Number 24-230-002-0018-00
Assessable Frontage: 131 Feet RECEIVED
,,.
Estimated Front Foot Cost: $18.00 per Foot
FEB 11 2002
ESTIMATED TOTAL COST $2,358.00
City Clerks Office
Property Description
CITY OF MUSKEGON
DENNIS SMITH & COS SECOND ADDITION
LOTS 18-19 & 20
& E 8 FT OF VAC ALLEY ABUTTING SAME
0
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED l)< I
Owner
Signature -;J..t.B-#~:.,..;IJ,,,J~;;.::;:.=~ Signature
Address Address
12
Tha'nk you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count,. please
Return This Card By FEBRUARY 12, 2002
Project Title: LAKETON AVE- PECK ST TO PARK ST
Project Description: all parcels abutting Laketon Ave from 256' E of Park to E side of Peck.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office ... To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal ihe form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1801 PECK ST
Parcel Number 24-232-001-0002-00 RECEIVED
Assessable Frontage: 62.75 Feet FEB 12 2002
Estimated Front Foot Cost: $18.00 per Foot
City Clerks Office
ESTIMATED TOTAL COST $1,129.50
Property Description
CITY OF MUSKEON
''--- - DENNIS SMITH & COS SOUTH SIDE ADDITION
N 24 FT LOT 1 BLK 1
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED l2sl
_c___R__·: _l_,i__.,.,_~..,..,>_l_,.,_,,.,_:/_.- , - - - CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
,.- l:o. l / ,.~
\.__ .• /C.~ /'/,•'?-,,;."7"·~,,-./~
/
Signature /.c.';~ :2. \::· )),/c,.v•.:r Signature
Address r . _ /--. .J - , ._. ~ __ Address _ _ _ _ _ _ _ _ _ _ __
?ff'Jt\t.-Y.-1i:!/c·, ...Le.- b~-/lY~-5
Thank yoJ for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By FEBRUARY 12, 2002
Project Title: LAKETON AVE- PECK ST TO PARK ST
Project Description: all parcels abutting Laketon Ave from 256' E of Park to E side of Peck.
INSTRUCTIONS
If you vvish to ha\le your vvr_itten vote included a_s p·art of the tabulation of veteS fOf'v"Ja1;:ded to
.the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 400 W LAKETON AVE
Parcel Number 24-205-460-0003-00
Assessable Frontage: 61.15 Feet
RECEI\/ED
Estimated Front Foot Cost: $18.00 per Foot
fEB 12 2002
ESTIMATED TOTAL COST $1,100.70
Property Description City Clerks Ottice
CITY OF MUSKEGON
REVISED PLAT OF 1903
LOl3 BLK460
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR 1AM OPPOSED
•
nvf{4t-o,iJ ({r;;I,,tf?ii:: ,U}15e.1n;J CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature
Address Address
17
Thank you for taking the time to vote on this important issue.
H-1537 LAKETON, PECK TO PARK
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EEEI PERCENTAGE TOTAL NUMBER OF PARCELS - 24
FOR OPPOSE
LETTER# PARCEL# FEET LETTER# PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 3489.480 ••• 23 24-232-0007-0001-00 62.50 12 24-230-002-0018-0 131.00
17 24-205-460-0003-00 61.15 24-232-001-0002-0 62.75
FRONT FEET OPPOSED 193.75 5.55%
RESPONDING FRONT FEET IN FAVOR 123.650 3.54%
NOT RESPONDING - FRONT FEET IN FAVOR 3172.080 90.90%
TOTAL FRONT FEET IN FAVOR 3295.730 94.45%
TOTALS 123.65 193.75
TABULATED AS OF: 02112/02 05:30 PM
02/12/20025:30 PMTABUALATION OF THE RESPONSES TO THE SP. ASS. HEARING ON LAKETON
r
i.
Date: January 22, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Black Creek Rd. Sherman to Latimer
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Black Creek Rd.,
Sherman to Latimer, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Black Creek Rd. from 563' S. of the CL. Of Olthoff to Latimer.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on January 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 ___% 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:
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 stndy and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 27.40% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on 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
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
f
N
EXHIBIT A
BLACK CREEK FROM SHERMAN BLVD. TO LATIMER
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Black Creek Rd. from 563' S. of the Centerline of
Olthoff to Latimer
ENGINEERING FEASIBILITY STUDY
For
BIACK CREEK RD. BETWEEN SHERMAN TO LATIMER
The proposed Milling & resurfacing of Black Creek Rd. between Sherman & Latimer was
initiated by the City due to it's conditions. The proposed resurfacing, we feel, is necessmy to
prevent this section of roadway from further deteriorating where resurfacing would no longer be
a valid option and a complete reconstruction would then be necessary, and subsequently
increasing the cost to the property owners as well as to the City.
Facts;
• The section of Black Creek between the Creek & Latimer was constructed in 1989, since
then, it has not received any surface improvements
• The section between Sherman and the Creek was constructed back in 1977, since that time,
no improvements was performed
• The overall "Pavement Condition Index" (PCI) of the section proposed for improvement is
65 on a scale of 0-100 according to our Pavement Management System.
• That area has seen a considerable additional development which in terns generated
commercial traffic and resulted in a considerable number of patches due to extension of
public utilities.
• A memorandum from the Assessor's office, which addresses appraisal and benefits to
abutting properties, is attached.
The preliminmy cost estimate for the work associated with paving is approximately $300,000
with the length of the project being approximately 2,830 lineal feet or 4,566.75 of assessable
footage. This translates into an estimated improvement cost of $65.69 per assessable foot. The
assessment figure will be at a cost not to exceed $18.00 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
'.
• MUSKEGON COUNTY
.M C H G A N
173 E. APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
• BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
• Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
•
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
•
Tony Moulatsiotis
Clarence Start
January 11, 2002
Mohammed AI-Shatel, City Engineer
•
City of Muskegon
933 Terrace Street
Muskegon, Ml 49443
• Mr. AI-Shatel:
•
In accordance with your request, I have examined the proposed special assessment district
entailing the milling and resurfacing of Black Creek Drive from Sherman Boulevard to
Latimer Drive. The purpose of this analysis is to document the reasonableness of this special
•
assessment district by identifying and quantifying any accrued benefits. It is subject to the
normal governmental restrictions of escheat, taxation, police power and eminent domain. The
effective date is January 11, 2002. The scope of this assignment entails only those properties
• located in the City Of Muskegon and listed in Table A. Possible benefits, if any, resulting to
Muskegon Township properties are not addressed.
•
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
•
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$18.00 appears reasonable in
• light of analysis that indicates a possible enhancement of$18.34. The conclusions are based
upon the data presented within this limited analysis in restricted format, and on supporting
information in my files .
• ~1~~r~~Q~~
• krry :;,-t,roeneveld, CMAE 3
Senior Appraiser
•
• TDD /231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
Afflrmafve Action
(231 )724-6703
FAX: (231)722-1214
Aneuor/Equallzatlon
(231 )724-6708
FAX: (231)716-5181
Cemetery Department January 22, 2002
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
ClvU Service
(231)724-6716
FAX: (231)7244405
PARCEL NUMBER
Clerk
(231)724-6705 ADDRESS
FAX: (231)724--4178 CITY, STATE, ZIP 1
Community and
Neigh. Services Parcel Number: at XX-XXX-XXX-XXXX-XX @ XXXX BLACK CREEK RD
(231)724-6717
FAX: (231)726-2501
Computer Info.
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Systems
(231)724-6744
FAX: (231)722--4301 Dear Property Owner:
Engineering Dept,
(231)724-6707 The Muskegon City Commission is considering whether or not to create a special
FAX: (231)727-6904
assessment district which would assess your property for the following paving project:
Finance DepL
{231)724-6713
FAX: (231)724--6768
Milling & Resurfacing-Black Creek, Sherman N to Latimer
Fire Department
{231)724-6792 The proposed special assessment district will be located as follows:
FAX: (231)724--6985
IncomeTa:a: All parcels abutting Black Creek from 563' S of Olthoff N to Latimer
(23 I )724-6770
FAX: (231)724--6768
It is proposed that a portion of the above improvement will be paid by special
Inspection Services
(231)724-6715
assessment against properties in the aforementioned district. Following are conditions
FAX: (231)7284371 of the proposed special assessment which are important to you.
Leisure Services
(23 I )724-6704 Public Hearings
FAX: (231)724--1196
Mayor's Office
(23 I )724-670 I
An initial public hearing to consider the creation of a special assessment district will be
FAX: (231)722-1214 held at the City of Muskegon City Commission Chambers on JANUARY 22nd,2002 at
Planning/Zoning 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
(231)724-6702 in writing to express your opinion, approval, or objection concerning the proposed
FAX: (231)724--6790
special assessment. We are enclosing a Hearing Response Card for you to indicate
Police Deplartmenl
(231)724-6750
your agreement or opposition to the special assessment. This card includes the
FAX: (231)722-5140 property identification and description, assessable footage per City policy, and the
Public Work.I Depl.
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
(231)724-4100 addition to mailing your response card to the City Clerk. Written objections or
FAX: (231)722--4188
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
Treasurer's Office ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
(231)724-6720
FAX: (231)724--6768 IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
Water DUiing Dept,
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
(231)724-6718
FAX: (231)724-6768
Water Flllntlon
(2l1)724--4I06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
WWW .shorelinPl"itv _rom
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $300,000 of which
approximately 27.40% ($82,201.50) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
'$?',,/4, v~~ ttdi~:/(
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By JANUARY 22ND,2002
Project Title: Milling & Resurfacing-Black Creek, Sherman N to Latimer
Project Description: All parcels abutting Black Creek from 563' S of Olthoff N to Latimer
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2325 BLACK CREEK RD
Parcel Number 24-134-400-0002-10
Assessable Frontage: 300 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $5,400.00
Property Description
THAT PT OF NW 114 OF SE 114 SEC 34, T10N, R16W DESC AS FOL: COM ATE 114 COR OF SD SEC, TH N 89 DEC 43 MIN 20 SEC
W ALGE & W 114 LINE OF SD SEC 1401.10 FT TO SECOR OF LOT 37 PORT CITY IND CENTER NO 3, TH S 00 DEG 36 MIN 10 SEC
WALG W LINE OF BLACK CREEK RD 530 FT FOR POB, TH N 89 DEG 43 MIN 20 SEC W 140 FT, TH S 00 DEG 36 MIN 10 SEC W
300 FT, TH S 89 DEG 43 MIN 20 SEC E 140 FT TOW LINE OF SD BLACK CREEK RD, TH N 00 DEG 36 MIN 10 SEC E ALG SD W
LINE 300 FT TO POB. CONT 0.96 ACRES. E 10 FT THEREOF RESERVED FOR A PRIVATE EASEMENT FOR PUBLIC UTILITIES.
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED •
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - - -
Address Address
5
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
Roberts St., Keating to Laketon
Black Creek Rd., Sherman to Latimer
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
&
• All parcels abutting Black Creek Rd. from 563' S. of the CL of Olthoff to Latimer
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON January 22, 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: January 12, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT
HEARING DATE JANUARY 22nd,2002 H-1536
Milling & Resurfacing-Black Creek, Sherman N to Latimer
24-134-400-0001-00 CONSUMERS ENERGY ASSESSABLE FEET: 142.23
4000 CLAY AVE SW COST PER FOOT: $18.00
@ 2200 BLACK CREEK GRAND RAPIDS Ml 49501-020 ESTIMATED P.O. COST: j $2,560.14 I
24-134-400-0002-00 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET: 61.2
933 TERRACE ST COST PER FOOT: $18.00
@ 2285 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,101.60 1
24-134-400-0002-10 SIGN GRAFTERS ASSESSABLE FEET: 300
2325 BLACK CREEK COST PER FOOT: $18.00
@ 2325 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: j $5,400.00 1
24-134-400-0002-20 TRACE ENVIRONMENTAL SER ASSESSABLE FEET: 396.33
2241 BLACK CREEK COST PER FOOT: $18.00
@ 2241 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $7,133.941
24-134-400-0002-30 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET: 124.35
933 TERRACE ST COST PER FOOT: $18.00
@ 2400 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,238.30 1
24-134-400-0003-00 SOUTH SHORE PROPERTIES ASSESSABLE FEET: 658.3
2300 BLACK CREEK COST PER FOOT: $18.00
@ 2300 BLACK CREEK MUSKEGON Ml 49444-000 ESTIMATED P.O. COST: I $11,849.40 1
1/11/02 Page 1 of 3
HEARING DATE JANUARY 22nd,2002 H-1536
Milling & Resurfacing-Black Creek, Sherman N to Latimer
24-134-400-0003-10 PLANNING DEPT C/0 CITY OF M ASSESSABLE FEET: O
933 TERRACE ST COST PER FOOT: $18.00
@ 2330 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: $:..._0_.0_0-1I
. _ I_ _ _
24-134-400-0006-00 BJE LL C ASSESSABLE FEET: 285
1985 E LAKETON AVE COST PER FOOT: $18.00
@ 2350 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $5,130.00 1
24-693-000-0036-00 BEKAERT STEEL WIRE CORP ASSESSABLE FEET: 598.45
2121 LATIMER DR COST PER FOOT: $18.00
@ 2121 LATIMER DR MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $10.112.10 1
24-694-000-0038-00 R S B PROPERTY L L C ASSESSABLE FEET: 1045.56
2265 BLACK CREEK RD. COST PER FOOT: $18.00
@ 2265 BLACK CREEK MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $18,820.08 1
24-694-000-0039-00 REID TOOL SUPPLY CO ASSESSABLE FEET: 366
2265 BLACK CREEK RD COST PER FOOT: $18.00
@ 2246 OLTHOFF ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $6,588.oo 1
24-694-000-0053-00 STATE OF MICHIGAN ASSESSABLE FEET: 0
PO BOX30050 COST PER FOOT: $18.00
@ 2225 OLTHOFF ST LANSING Ml 48909 ESTIMATED P.O. COST: LI_ _ _ $_0_.0_0_I
24-695-000-0055-00 WESTSHORE ENG & SURVEY ASSESSABLE FEET: 280
2534 BLACK CREEK ROAD COST PER FOOT: $18.00
@ 2534 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $5,040.00 1
1/11/02 Page 2 of 3
HEARING DATE JANUARY 22nd,2002 H-1536
Milling & Resurfacing-Black Creek, Sherman N to Latimer
24-695-000-0056-00 MUNN PROPERTIES LLC ASSESSABLE FEET: 309.33
1489 US31 NORTH COST PER FOOT: $18.00
@ 2541 BLACK CREEK TRAVERSE CITY Ml 49686 ESTIMATED P.O. COST: I $5,567.94 I
SUM OF ASSESSABLE FOOTAGE: 4566.75 SUM OF ESTIMATED P.O. COST: $82,201.50 1
TOTAL NUMBER OF ASSESSABLE PARCELS 14
PARCEL WITH $0.00 TOTAL ARE EXEMPT
1/11/02 Page 3 of 3
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
H-1536 BLACK CREEK ROAD, SHERMAN NORTH TO LATIMER
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
STA TES 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 I !TH DAY OF JANUARY, 2002.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _~ 2002.
NOT ARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By JANUARY 22ND,2002
Project Title: Milling & Resurfacing-Black Creek, Sherman N to Latimer
Project Description: All parcels abutting Black Creek from 563' S of Olthoff N to Latimer
INSTRUCTIONS
!f ~f0~J ,_..._,Jsh tc- ~:':.!'/".-' ~10i_;~·-!.".tri·~1-?n "Oi".t? in::'!!_1,-:!p_,•l ~.,.::- tor+ ~f the. ~!-:ihqJ~firi11 nf vntp~ fon,v~rrforl tn
the City Commission for·the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2246 OLTHOFF ST
Parcel Number 24-694-000-0039-00
Assessable Frontage: 366 Feet
Estimated Front Foot Cost: $18.00 per Foot ';I\N. 1 t) '20~~~'
c_,., ·••'
ESTIMATED TOTAL COST $6,588.00
Property Description
CITY OF MUSKEGON
PORT CITY INDUSTRIAL CENTER #4
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED IX.I
Owner -',../:..;•,;..:\,.,.·'"..;.,:-;..··..;;;.;.;.>_·_·•...;.·_,_
,-:,__i;..':;;;:.,>1',;;.·.....,;.._..,... CqOwner/Spouse - - - - - - - - - - - - - - - -
~:-~~,. \.
Sig nature ..._________....;;;..,..;;;...;;,;..;..;..;;.....__ _
_:_:"'.',.- ~ .--·~ /< --~-/~-./
Signature----------------
Address Address
10
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By JANUARY 22nd,2002
Project Title: Milling & Resurfacing-Black Creek, Sherman N to Latimer
Project Description: All parcels abutting Black Creek from 563' S of Olthoff N to Latimer
INSTRUCTIONS
!f you wish to have your vvr!ttf::n vote incfuded as part of the tabulation of votes forvvarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2265 BLACK CREEK RD
Parcel Number 24-694-000-0038-00
Assessable Frontage: 1045.56 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $18,820.08
Property Description
LOT 38 PORT CITY IND CTR #4 ALSO INCL THAT PART QO NW 1/4 OF SE 1/4 SEC 34 T10N R16W LYINGS OF C/L OF LITTLE
BLACK CREEK AND N OF LOT 38 PORT CITY IND CTR #4
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED l> ,. . . ,-~·
·--..___ _/ \t-/· ,1 !.. .// -r.- -_l,,,,.
Signature Signature - - -.. . - - - - - - , - - , - - - -
.·~: I ;<1
,; /
Owner
8
Thank you for taking the time to vote on this important issue.
,~ . r. (!11 v r:;/J/;;~ '13fOJ 111 JrJ!
HEARING RESPONSE CARD yffl/.J "'a!"JI
To have your vote count, please
Return This Card By JANUARY 22ND,2002
Project Title: Milling & Resurfacing-Black Creek, Sherman N to Latimer
Project Description: All parcels abutting Black Creek from 563' S of Olthoff N to Latimer
INSTRUCTIONS
!f you ,,v!sh fo .ha•1e yn• ,r \,iritten votF> inr.!udAd As part of thi, tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on tile dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 2534 BLACK CREEK RD
Parcel Number 24-695-000-0055-00
Assessable Frontage: 280 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $5,040.00
Property Description
PORT CITY INDUSTRIAL CENTER NO 5 LOT 55
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
ltt.J1/!tll /11cy;,aer7s-0 t-. ·1---1"
_ _ _ _...,_,.....,,_L.l
./"'fiNl"~7ie!
Owner ✓'!-. __ G_ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signah e . · Signature - - - - - - - - - - - -
Addre;,j'J. · 17., • " . " ~ Address
7',tA Vi'IU'fhan rat for~i~[~e time to ~ate on this important issue.
}G1")8l;;e?"' r:;r: ;/t,/1.~J:A/)tf
8
' ✓
H-1536 BLACK CREEK, SHERMAN TO LATIMER
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EEEI EEBc;E~IAGE TOTAL NUMBER OF PARCELS -14
FOR OPPOSE
LETTER# PARCEL# FEET LETTER PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 4566.750 ••• 6 24-694-000-0038-0 1045.56
1 24-693-000-0036-0 598.45
FRONT FEET OPPOSED 4238.97 92.82% 3 24-134-400-0002-2 396.33
5 24-134-400-0002-1 300.00
RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 7 24-695-000-0056-0 309.33
8 24-695-000-0055-0 280.00
NOT RESPONDING - FRONT FEET IN FAVOR 327.780 7.18% 10 24-694-000-0039-0 366.00
12 24-134-400-0006-0 285.00
TOTAL FRONT FEET IN FAVOR 327.780 7.18% 14 24-134-400-0003-0 658.30
TOTALS 0.00 4238.97
TABULA TED AS OF: 01/22/02 04:16 PM
1/22/024:16 PMTABUALAT!ON OF THE RESPONSES TO THE SP. ASS. HEARING ON BLACK CREEK.xis
H-1512 ROBERTS, KEATING TO LAKETON
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATJON
total of 7 parcels
FOR OPPOSE NOT RESPONDING
LETTER# PARCEL# FEET LETTER# PARCEL# FEET LETTER# PARCEL# FEET
EE.EI PERCENTAGE
TOTAL ASSESSABLE FRONT FOOTAGE 1940.260 ....
FRONT FEET OPPOSED 0 0.00%
RESPONDING FRONT FEET JN FAVOR 0.000 0.00%
NOT RESPONDING - FRONT FEET IN FAVOR 1940.260 100.00%
TOTAL FRONT FEET JN FAVOR 1940.260 100.00%
TOTALS 0 0
TASULATEDASOF: 01!22/02 OS:11 PM
A safe
harbor for
your
casting
need s
PORT CITY
GROUP
January 21, 2002
Members of the Muskegon City Commission
City of Muskegon
PO Box 536
Muskegon, MI 49443-0536
To the Honorable Members of the Muskegon City Commission:
I would like to take this opportunity to express my company's views regarding the
proposed Special Assessment for Resurfacing Black Creek Road, from Sherman north
to Latimer.
I must admit I was quite surprised when I received the "Notice of Hearing"
regarding this issue. I quickly contacted people who work for other municipalities
regarding their policies for upkeep of public roads. Of the three I had spoken with,
not one charged its property owners and businesses for their expense above what
they already received in taxes from them.
I , as well as other property owners I contacted, did not feel that this section of Black
Creek Road was in need of such a repair at this time. Also, the $300,000.00
projected project cost seems far to high for the work described in the notice.
With this, I must notify you that we strongly object to being assessed for these
expenses. In our business, we are under constant pressure t o provide better
products and services to our customers at a lower price. It is important that our
operations are located in a city that understands the importance of being
competitive as well.
I appreciate your consideration in this matter.
Sincerely,
;;,g,1m ~t
B. John Essex, Jr.
President
Port City Die Cast
1985 E. Laketon Avenue • Muskegon, Michigan 49442
Phone (23 1) 777-3941 • Fax (231) 773-3416
• '.so goi-Jl,
Port City Metal Products
2350 Black Creek Road • M uskegon, Michigan 49444
Phone (231) 777-56 15 • Fax (231) 777-5911
Mirror Image Tool Muskegon Castings Corporation PCMP Specialty Division
1985 E. Laketon Avenue • Muskegon, M ichigan 49442 2325 S. Sheridan Street • Muskegon, Michigan 49442 2385 S. Sheridan Street • M uskegon, M l 49442
Phone (231) 777-3941 • Fax (231) 773-3416 Phone (23 1) 773-449 1 • Fax (231) 773-491 9 Phone (23 1) 777-5809 • Fax (231) 777-8750
MEMORANDUM
To: Mayor and City Commissioners
From: Mohammed Al-Shatel, City Engineer ./J'Yl.sA--
Date: February 1, 2002
Re: Black Creek Rd.
In concurrence with your wishes, I invited the business owners affected by the
proposed special assessment district on Black Creek between Latimer &
Sherman to discuss the proposed project and address some of the concerns that
they may have.
The meeting was held on January 30, 2002 and was attended by representatives
from:
• Trace Analytical
• Harborfront
• Bekaert
• Reid Tool
• Signcrafters
During the meeting, which was attended by Mr. Spataro as well, the following
issues (most of which are presented in the attached letters) were discussed;
1. The type of improvements being proposed;
The attendee expressed some reservation toward the proposed pavement
and it's effectiveness in light of what they see happening on Latimer's (cracks
in the pavement).
Response was: It has been 8-years since Latimer was resurfaced . Back in
1994 we used a method of milling and resurfacing only the top 1 ¼" of the
pavement. Furthermore, and in my best judgment, since what is being
proposed at this time entails the milling & resurfacing 3"- 4" using a higher
strength asphalt for the top course, the proposed pavement will last a
minimum of 10-years.
2. Special Assessment;
Concern was, since we are paying income tax as well as other taxes and
given the fact that very few community, if any, have a similar assessment
program, why have it?
Response; the special assessment was created back in 1992 to help offset
some of the overwhelming demands to keep the City's street system in a
reasonably acceptable condition while recognizing the benefits abutting
properties gain when a street is upgraded.
3. Estimated Cost;
Concern; the estimated cost of $300,000 in letters seemed to be much
higher than it should be for this type of improvement. The thought was that
the owners participation was a percentage of the estimated cost.
Response; I explained that the assessment was based on set figure of $18
per assessable foot for this type of improvement. And that the percentages
presented in the letters are to ensure that the City participate in the cost
(total assessment can't exceed 80% of total cost according to the policy).
4. Timing of the Assessment;
Concern; the assessment amount was not budgeted for in 2002 since they
were not aware of the pending project and assessment until the notices had
arrived.
Response; it was explained to the attendees that first installment, if the
district is created, would not be due until after the construction is completed
and another hearing is held. I went on to say that the spreading of the roll
would then take place toward the end of 2002 which would ensure a due
date for the first installment in 2003.
Cc: Bryon Mazade
Bob Kuhn
Encl.
Harborfront
Interiors,
Inc. ___________________:__
2300 BLACK CREEK ROAD, MUSKEGON, MICHIGAN 49444 PHONE (231) 777-3838 FAX (231) 777-3850
January 30, 2002
Muskegon City Commission
City of Muskegon
P.O. Box 536
Muskegon,MI 49443
Dear Commissioners:
At the last city counsel meeting, I spoke about the proposed special assessment
district for repaving Black Creek Road from Sherman Boulevard to Latimar Street. As I
indicated at that time, I feel that this is only one-third of the total project that should be
accomplished - if you were to accomplish it. No consideration has been given for
Latimar Drive or for Port City Boulevard, which are two other streets that make up this
thoroughfare.
When we moved into our new facility here eight years ago, the traffic was a
fraction of what it is today. This has become a thoroughfare with heavy car and trnck
traffic, which now includes the Mats Bus Line. I really do not think it is fair to assess
property owners for repaving a road that is used very little by the business owners. In
other communities such a Norton Shores, they do not have special assessment districts for
paving roads, nor do they collect a city income tax as the City of Muskegon does, nor do
they have a registration fee for their businesses. I think that things are getting a little out
of hand and an analysis must be done.
In checking some figures with commercial black top paving companies, it seems
that the rough estimate of $300,000 to do this project is about 6 times higher than it
should be. As I understand, there are 14 property owners along this section and 9 of them
have in sent, in writing, to the City Commission that they are not in favor of the repaving
at this time. I have also been told that a resurfacing ONLY of the road is not an answer
to the problem. I have been told that the road should be used until it is in disrepair and at
that time it should be completely replaced.
Please review what I have said and I would like to restate that at this time I am
opposed to any resurfacing project.
Sincerely,
a
/Yh,1,,_;l, f) ,---,
,J/.1£-~
ames A. Duncan
resident
phone 231.773.5998 Trace Analytical LaboratorieA, Inc.
toll.free 800.733.5998 2:-1.41 Black Creek Road
fox 231.773.6537 Muskegon, MI 49444·i673
traceanalytica\@mad.scientist.com
AA.Hirance
Accuracy
Accountability
January 29, 2002
Members of the Muskegon City Commission
City of Muskegon
P.O. Box 536
Muskegon,MI 49443-0536
Dear Members of the City Commission:
Pursuant to your instructions at the last City Council Meeting, I have documented our
company's concerns regarding the proposed assessment for resurfacing Black Creek
Road. I believe that the following points must be considered before straddling business
with yet another City tax:
1. Black Creek has become mostly a thoroughfare for cars and trucks between
Laketon and Sherman Roads and also for those vehicles traveling out OlthofRoad
to the Prison. Business such as ours receive very little of the type of traffic that
causes the road to deteriorate.
2. I don't believe that most cities levy a special assessment on businesses in their
industrial park areas for road maintenance projects. I checked with Norton Shores
and they have no ordinance providing for special assessments to resurface roads
in their industrial park. Also, they do not have a City Income Tax, as does
Muskegon. ·
3. The City feels that 27% of the cost burden should be passed on to the businesses
occupying this stretch oflndustrial Park. How did the City arrive at this
percentage? It certainly doesn't appear to reflect traffic usage of our business.
4. The City has indicated that the total cost for this resurfacing project will be in the
realm of$300,000. A call to Reith Riley in Ludington to inquire about such costs,
indicated that this amount appears to be abnormally high. The following
information summarizes their estimates:
a. Road resurfacing for a section of asphalt 0.5 miles long, 35 foot wide and
1.5 inches deep would require 925 tons of new asphalt.
Cost at $40 /ton= $37,000
Letter to Muskegon City Commissioners Page 2
b. Mobilization, demobilization and operation of a milling machine = $8,000
c. Removal of milled asphalt by truck= $2,000
d. Traffic control = $ 1,500
e. Signs and barrels for project= $2,500
TOTAL COST= $51,000 (This cost was stated to have been estimated on
the "high side" to provide a margin of error.)
5. With the above information in mind, we would like to know if the City is using
estimated costs or have they actually solicited bids for this work? If bids were
solicited, it would also be beneficial for us to know the actual scope of work that
was requested?
6. A reputable Engineer in Ludington indicated, that resurfacing projects such as this
are normally considered a "Band Aid" approach. The cracks that exist in the
asphalt usually run all the way through to the gravel underneath. One only needs
look at Latimer and Port City Blvd. to see that this reasoning is probably correct.
These roads were resurfaced in 1995 and don't look any better than Black Creek
does now. Wouldn't it be more prudent to wait a few years and replace the entire
road? Most business owners that I have talked to feel that Black Creek is not in a
bad enough condition to warrant resurfacing at this time.
7. The original letter I received from the City regarding the proposed assessments
contained incorrect information for our business. When I called to inquire about
this, I asked the responding individual how road maintenance projects such as this
are initiated. I was told that a prope1ty owner in the proposed project area had to
have made a request for improvements. The implied answer was that the request
came from one of the other businesses in the Industrial Park. Upon further
questioning, it was learned that the property owner was the City of Muskegon.
With all due respect, it gave the appearance that the City was trying to manipulate
the business owners.
Letter to Muskegon City Commissioners Page 3
8. I was also told that our vote on this issue was important. However, when I
questioned City Officials regarding the voting process, I was told any businesses
not responding to the questionnaire would have a "yes" vote recorded in their
behalf. Why does the City believe that a business owner's failure to respond
should automatically constitute an affomative vote? Perhaps they were out of
town or home with an injury or illness and didn't receive the information. Don't
you think a project such as this should stand on its own merits? Ifit can't then it
is probably the wrong thing to do.
Thank you for taking the time to consider my concerns regarding this project
R. Bruce Pelletier
President
cc: Mr. MoHammed S. Al-Shatel, PE
Sent By: WESTSHORE CONSULTING; 2317733453; Jan-30-02 2:38PM; Page 2/2
W estshore Consulting
2.5~4 Rl<1ck Creek l<.oad • Muskcr,on. Ml 49444
l'h: (231) 777-J447 • F" (?J 1·) 773.3,153
Email: W c>:stshorc I WJaol.lYun
MEMORANDUM
To: Bruce Pelletier Date: January :30, 2002
From: Dennis Dunlap FileNo. NA
Re: mack Creek Ro:i.d Repaving
Bruce;
You requested my concerns in regard lo lhe proposed paving pniject on Black Creek Road.
My higgesl concern is the idea that this is a special assessment type project. My feeling is lhat !his should
be a general maintenance project, no! framed hy special assessments. Many people that do 1101 own
frontage use !he road. My experience with special assessment pro_jects would be that the improvemcrll
gives something special to those assessed, and not a generally used !lll\jor road.
I also object to the nature of how the special assessment dislricl has heen crealed (i.e., by the City who
owns 4 percent of the frontage requesting it). il seems to me that the City has a ve~ted interest in the
creation oflhe special assessment, and l wonder about lhe legality of this.
• SIGNCRAFTERS, Inc.
Custom Plastic Fae• Manufactur•rs
2325 BLACK CREEK ROAD MUSKEGON, M ICH IGAN, 49444 FAX ( J 777-1767
January 29,2002
To:
The Mayor, City Commisioners, City Manager, Planning and City Engineer of
The City of Muskegon
Re: H-1536- Black Creek, Sherman to Latimer
It is Signcrafters,Inc. contention that this project be delayed.
We were not happy with being informed about this project on such
short notice .. No contact was made by the City in regard to our
opinion on this issue. Sending the initial notice for this project
just before most businesses are going to pay their taxes and then
adding this surprise seems unfair. We were told with the City
income tax, that all my employees pay, would be used for or help
with street maintenance.
The City of Muskegon gave no facts on why this project was necessary.
Park owners deserve forewarning on special assessment projects.
Signcrafters,Inc. would appreciate the time necessary t o set aside the
funds, as to avoid paying interest on this project.
te hen M. Carlson
President/Owner
A safe
harbor fo r
your
casting
ne eds
PORT CITY
GROUP
January 21, 2002
Members of the Muskegon City Commission
City of Muskegon
PO Box 536
Muskegon, MI 49443-0536
To the Honorable Members of the Muskegon City Commission:
I would like to take this opportunity to express my company's views regarding the
proposed Special Assessment for Resurfacing Black Creek Road, from Sherman north
to Latimer.
I must admit I was quite surprised when I received the "Notice of Hearing"
regarding this issue. I quickly contacted people who work for other municipalities
regarding their policies for upkeep of public roads. Of the three I had spoken with,
not one charged its property owners and businesses for their expense above what
they already received in taxes from them.
I, as well as other property owners I contacted, did not feel that this section of Black
Creek Road was in need of such a repair at this time. Also, the $300,000.00
projected project cost seems far to high for the work described in the notice.
With this, I must notify you that we strongly object to being assessed for these
expenses. In our business, we are under constant pressure to provide better
products and services to our customers at a lower price. It is important that our
operations are located in a city that understands the importance of being
competitive as well.
I appreciate your consideration in this matter.
Sincerely,
B. John Essex, Jr.
President
Port City Die Cast
1985 E. Laketon Avenue • M uskegon, Michigan 49442
Phone (231) 777-3941 • Fax (231) 773-34 16
•
'.So~
Port City Metal Products
2350 Black Creek Road • Muskegon, Michigan 49444
Phone (231) 777-5615 • Fax (231) 777-59 11
Mirror Image Tool Muskegon Castings Corporation PCMP Specialty Division
1985 E. Laketon Avenue • M uskegon, M ic higan 49442 2325 S. Sheridan Street • Muskegon, M ichigan 4944 2 2385 5. Sheridan Street • Muskegon, M l 49442
Phone (231) 777-3941 • Fax (231) 773-341 6 Pho ne (231) 773-4491 • Fax (231 ) 773-4919 Phone (231) 777-5809 • Fax (23 1) 777-8 750
Date: February 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Black Creek Rd. from Sherman to Latimer
SUMMARY OF REQUEST:
The contract to mill and resurface Black Creek Rd. from Sherman to Latimer be awarded
to Asphalt Paving since they were the lowest (see bid tabulation) responsible bidder with a
bid price of $117,565.88.
FINANCIAL IMPACT:
The construction cost of $117,565.88 plus associated engineering cost which is estimated at
an additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Asphalt Paving if the special assessment district is created.
COMMITTEE RECOMMENDATION:
H-1536 Black Creek- Sherman to Latimer
MILLING AND RESURFACING
810 TA BULATION
WOODLAND JACKSON MERKEY ASPHALT PAVING C&O HUGHES FELCO REITH RILEY
DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UN!T PRICE TOTAL PRICE UNIT PRICE TOTAL PR!CE UNITPR!CE TOTAL PRICE UNIT PRICE TOTAL PRICE
1 ADJUST MANHOLE CASTING 21 EACH $375.00 $7,875.00 $425.00 $8,925.00 $425.00 $8,925.00 $400.00 $8,400.00 $350.00 $7,350.00 $470.00 $9,870.00
2 ADJUST WATER VALVE CASTINGS 13 EACH $365.00 $4,745.00 $330.00 $4,290.00 $330.00 $4,290.00 $400.00 $5,200.00 $300.00 $3,900.00 $350.00 $4,550.00
3 BITUMINOUS BASE COURSE,2C @440#/S.YD 12 TON $45.00 $540.00 $49.50 $594.00 $45.00 $540.00 $45.00 $540.00 $65_00 $780.00 $80.00 $960.00
4 BIT. LEVELING MIX 3C@ 165#/S.Y 927 TON $35.15 $32,584.05 $38.65 $35,828.55 $28.95 $26,836.65 $35.15 $32,584.05 $36.00 $33,372.00 $38.45 $35,643.15
5 BIT. TOP MIX 4C POLYMER MOD@ 220#/$.Y. 1229 TON $33.82 $41,564.78 $37.20 $45,718.80 $37.80 $46.456.20 $33.82 $41,564.78 $46.00 $56,534.00 $36.50 $44,858.50
6 CATCH BASIN CASTING E.J.#7045 OR EQUAL 1 EACH $400.00 $400.00 $550.00 $550.00 $550.00 $550.00 $475.00 $475.00 S500.00 $500.00 $550.00 $550.00
7 CATCH BASIN•2' INLET 1 EACH $600.00 $600.00 $1,245.00 $1,245.00 $1.245.00 $1,245.00 $800.00 $800.00 S1,400.00 $1.400.00 $1.300.00 $1.300.00
8 CONC. CURB & GUTTER ,F-4 MODIFIED 72 UN. FT. $35.00 $2,520.00 S18.00 $1.296.00 s20.00 $1,440.00 S20.00 $1.440.00 $29.00 $2.088.00 S25.00 $1,800.00
9 MANHOLE CASTING. EJ #1000 OR EQUAL 3 EACH $300.00 $900.00 $575.00 $1,725.00 $575.00 $1,725.00 $500.00 $1.500.00 $320.00 $960.00 $575.00 $1,725.00
20 PAVEMENT PREPARATORY Vv'ORK 28.3 STA $300.00 $8,490.00 $165.00 $4,669.50 $150.00 $4,245.00 $325.00 $9,197.50 $225.00 $6,367.50 S87.00 $2,462.10
11 PAVEMENT MARKING 707.5 UN. FT. $2.00 $1,415.00 $2.15 $1,521.13 $1.95 $1,379.63 $1.25 $884.38 $3.40 $2,405.50 $2.00 $1,415.00
12 PREPARED TOP SOIL & SEED. CLASS A 80 SYDS $6,00 $480.00 $4.25 $340.00 $4.25 $340.00 S5.00 S400.00 S32.00 S2.560.00 $4.25 $340.00
13 RECONSTRUCTING MANHOLES 3 V. FT $250.00 $750.00 $495.00 S1.485.00 S495.00 $1,485.00 $400.00 $1,200.00 $150.00 $450.00 $500.00 $1,500.00
14 REMOVING BIT. SURFACE (3H-4H) 10598 SQ.YD. S1.97 $20,878.06 S1.30 $13,777.40 $0.80 $8,478.40 $2.00 $21,196.00 $1.85 $19,606.30 $0.85 $9,008.30
15 REMOVING CONC. CURB & GUTTER 80 UN. FT. $10.00 $800.00 $5.75 $460.00 $5.75 $460.00 $6.00 $480.00 $23.00 $1,840.00 S5.75 $460.00
16 STORM SEWER 10" CL52 DCI 5 LIN. FT. $35.00 $175.00 $45.00 $225.00 $45.00 $225.00 $60.00 $300.00 $29.00 $145.00 $50.00 $250.00
17 TRAFFIC CONTROL 1 LUMP $11,500.00 $11,500.00 $5,445.00 $5,445.00 $8,075.00 $8,075.00 $4,600.00 $4,600.00 S5,800.00 $5,800.00 $12,000.00 $12,000.00
18 WATER VALVE BOX AND COVER COMPLETE 2 EACH $250.00 $500.00 $435.00 $870.00 $435.00 $870.00 $400.00 $800.00 $550.00 $1,100.00 S480.00 $960.00
TOTALS $136,716.89 $128,965.38 $117,565.88 $131,561.71 $147,158.30 $129,652.05
ENGINEER'S ESTIMATE
ADJUST MANHOLE CASTING 21 EACH $400.00 $8,400.00
ADJUST WATER VALVE CASTINGS 13 EACH $240.00 $3,120.00
BITUMINOUS BASE COURSE.2C (W:440#/S.YD 12 TON $60.00 $720.00
BJT. LEVELING MIX 3C@ 165#/S.Y. 927 TON $42.00 $38,934.00
BIT. TOP MIX 4C POLYMER MOD@ 220#/S.Y. 1229 TON $48.00 $58,992.00
CATCH BASIN CASTING E.J.#7045 OR EQUAL 1 EACH $600.00 $600.00
CATCH BASIN•2' INLET 1 EACH $1,300.00 $1,300.00
CONC. CURB & GUTTER ,F-4 MODIFIED. 72 LIN. FT. $12.00 $864.00
MANHOLE CASTING, EJ #1000 OR EQUAL 3 EACH $600.00 $1,800.00
PAVEMENT PREPARATORY 'NORK 28.3 STA $300.00 $8,490.00
PAVEMENT MARKING 707.5 LIN. FT. SO.SO $353.75
PREPARED TOP SOIL & SEED, CLASS A 80 SYDS $8.00 $640.00
RECONSTRUCTING MANHOLES 3 V. FT $400.00 $1,200.00
REMOVING BIT. SURFACE (3"-4") 10598 SQ.YD. $5.00 $52,990.00
REMOVING CONG. CURB & GUTTER 80 LIN. FT. $8.00 $640.00
STORM SEWER 10" Cl52 ocr 5 LIN. FT. $40.00 $200.00
TRAFFIC CONTROL 1 LUMP $15,000.00 $15,000.00
WATER VALVE BOX AND COVER COMPLETE 2 EACH $345.00 S690.00
TOTAL $194,933.75
102/06/20024:11 PMBlack Creek Bid Tabulation
Date: January 31, 2002
To: Honorable IVI~!~ an~~ity Commissioners
From: Ric Scott ;/:t7c,tJ,Y
RE: Grant Application for Consumer's Energy
Property Purchase
SUMMARY OF REQUEST:
To authorize staff to submit a grant application to the
DNR Trust Fund for the purchase of the land from
Consumers Energy for the future development of a sports
complex
FINANCIAL IMPACT:
Approximately $900,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmntlve Acllon
23 I /724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX/726-S181
Cemetery
231/724-6783
FAX/726-S6l7
Civil Service
23 I /724-67 16
F AX/724-440S West Michlgan's Shoreline City
Clerk
23 I /724-670S Date: January 30, 2002
FAX/724-4178
Comm. & Neigh.
Services To: City Commission
23 I /724-6717
FAX/726-2S01
From: Ric Scott
Engineering
231/724-6707 Re: Grant Application for Consumers Energy
FAX/727-6904
Property Purchase
Finance
231/724-6713
Last year , the City Commission approved a Memorandum of
FAX/724-6768 Understanding with Consumer's Energy for the development
Fire Dept, and purchase of the property across from Veteran' s Park.
23 I /724-6792
FAX/724-6985
I am seeking authorization to apply to the DNR Trust
Fund to purchase the property .
Income Tax
231/724-6770 A recent appraisal of the property puts a value on the
FAX/724-6768
property of $900 , 000. The grant would request $675 ,000
Info. Systems from the Trust Fund and the City would need to provide a
23 I /724-6744
FAX/722-4301 $225 , 0 0 0 match. However, Consumers Energy has agreed to
donate back to the City the $225 , 0 0 0 match.
Leisure Service
231 /724-6704
FAX/724-1196
I would ask that you authorize staff to submit the grant
application and that you would adopt the attached
Mnnager's Office
2'.l I /724-6724
resolution.
FAX/722-12 14
Mayor's Office
23 I /724-670 I Thank you for your consideration.
FAX/722- 1214
lnspccllon Services
23 I /724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police De11t.
231/724-6750
FAX/722-5140
Pnbllc Works
231/724-4100
FAX/722-4188
Treasurer
23 1/724-6720
F AX/724-6768
Water Dilling Dept.
231/724-67 18
FAX/724-6768
Water Flltrallon
231/724-4!06
FAX1755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
.;.• ·,· . ] .·1•"
,.
. · ..•T..-'i", ,_~:"l . •' 1 .1,
RESOLUTION NO. 2002-18(al
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION FOR
THE PURCHASE OF THE CONCUMER'S ENERGY PROPERTY UNDER THE
MNRTF.
WHEREAS, the City of Muskegon wishes to purchase approximately 56 acres of
property from Consumer's Energy for the development of a sports
complex; and
WHEREAS, the property has been appraised at $900,000,
WHEREAS, grant applications are now being received by the Michigan
Department of Natural Resources for Michigan Natural Resources
Trust Fund (MNRTF), which will provide up to 75% funding for the
project;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon approve the submission of the grant application to the
MN RTF for $900,000 for the for the purchase of the Consumer's
Energy property,
BE IT FURTHER RESOLVED, that the City's $225,000 match will be provided,
and the City hereby commits itself to complete this purchase if the
grant application is approved.
Adopted this 1ih day of February, 2002
AYES: Spataro, Warmington, Buie, Gawron , Larson, Schweifler, Shepherd
NAYS: None
ABSENT: None
2002-018(a)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
February 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
Date: February 1, 2002
To: Honorable ~iJ) and City Commissioners
From: RicScott .;;#~
RE: Sheldon Park Grant Application to UPARR
SUMMARY OF REQUEST:
To authorize staff to submit a grant application to the
National Park Service for the rehabilitation of Sheldon
Park, to update the Recovery Action Plan (RAP) of the
City of Muskegon, and do adopt the attached resolution.
FINANCIAL IMPACT:
$271,429
BUDGET ACTION REQUIRED:
Will need to put $81,429 into the 2003 budget if the
grant is awarded
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
Affirmntive Action
231 /724-6703
FAX/722-1214
Assessor
231 /724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231 /724-6716
F AX/724-4405 West Michigan's Shomllnc City
C lerk
231 /724-6705
FAX/724-4178
Date: February 1, 2002
Comm . & Neigh.
Services To: Honorable~;/ ~City Commissioners
231 /724-6717
l'AX/726-2501
From: Ric Scott ~~
Englneet·lng
231/724-6707 Re: Sheldon Park Grant Application to UPARR
FAX172 7-6904
Sheldon Park is one of the top priorities for
F inance
231 /724-6713
rehabilitation within both the Leisure Services Master
FAX/724-6768 Plan and the Recovery Action Plan (RAP). The RAP is a
Fire Dept, requirement of the National Parks Service (NPS), but is
231 /724-6792
FAX/724-6985
not significantly different than the Master Plan. Last
year, the City Commission authorized the submittal of a
Income Tax
231 /724-6770
grant application to the Trust Fund to do the work. The
FAX/724-6768 grant was not approved.
Info. System s The Urban Parks and Recreation Recovery Act (UPARR)
231 /724-6744
FAX/722-4301 provides funds to rehabilitate existing facilities. The
Leisure Service
program provides for an exact 70-30 match. To gain the
231/724-6704 most points, we need to stay less than $5 per capita for
FAX/724- 1196
the Federal match.
Mnnnger's Office
231 /724-6724
Consequently, I am requesting authorization to submit a
FAX/722-12 14 grant to the NPS for $271,429 to build a picnic shelter,
Mayor's Office put in new irrigation, build walkways, build a new
231 /724-670 I restroom facility, and to pave the parking lot and hard
FAX/722-12 14
court surface, as well as putting ADA surfacing under
I nspecllon Services
23 I /724-67 15
the playground equipment. This would provide $190,000
FAX/726-2501 from NPS and would require a local match of $81,429 that
Planning/Zoning
would need to be included in the 2003 budget. I would
231/724-6702 also ask that you adopt the attached resolution.
I'AX/724-6790
Further, I would ask that you approve the attached
Police Dept.
231 /724-6750 priority list for updating the RAP that shows Sheldon as
FAX/722-5140
a high priority for the city. A total new RAP will need
P ub lic Works to be done in 2003 to continue to be eligible for UPARR
231/724-4100
FAX/722-4188
funding.
Treasurer Thank you for your consideration.
231 /724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724-6768
Water F lltrn llon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
,/
RESOLUTION NO. 2002-18(b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION FOR
SHELDON PARK DEVELOPMENT UNDER THE UPARR PROGRAM.
VVHEREAS, the City of Muskegon wishes to redevelop Sheldon Park; and
VVHEREAS, grant applications are now being received by the National Parl<
Service for the UPARR program, which will provide 70% of the
funding for the project; and
WHEREAS, has adopted the updates to the Recovery Act Plan,
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon approve the submission of the grant application to
UPARR for $271,429 for the Rehabilitation of Sheldon Park; and
BE IT FURTHER RESOLVED, that the City's $81,429 match will be provided,
and the City hereby commits itself to complete this project if the
grant application is approved.
Adopted this 12th day of February, 2002
AYES: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
NAYS: None
ABSENT: None
2002-018(b)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
February 12, 2002. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By--------"'a;---"'J.'✓,,_.n=cf!ct=-'~k'-"--o:!,--"'--di"---'-L~--'---·----
1incta Potter, Deputy Clerk
Affirmative Action
231/724-,)703
FAJU722-1214
Assessor
231/72•1-6703
I•'AX/726-5131
Cemetery
231/724-6733
FAJ(/726-5617
Civil Service
231/724-6716
Jli'AJ(/724--4405
Clei-!t
231/724--0705
FAJ-U724-417!l
Comm. & Neigh, February 14, 2002
Servicl!s
231/724-6717
FAX/726-2501 Jim Krejci
Engineering
NPR, Midwest Region
23 l/72tJ-6707 1709 Jackson Street
FAX/727n6904
Omaha, NEB 68102-2571
Finance
231/724-6713
Jt'AX/724-6768 Dear Mr. Krejci,
Fh:e Dept.
231/724-6792 On behalf of the City of Muskegon, I am pleased to send you this letter of transmittal for
FA)U724-6985
the Urban Parks and Recreation Recovery (UPARR) program pre-application for the
Income Tax rehabilitation of Sheldon Park. This is a rehabilitation grant application. The City of
231/724-6770
ift'AX/724..(j76'fJ Muskegon has worked hard at rehabilitating its existing facilities. Sheldon Park is one
that has yet to be done and is therefore a very high priority for the City.
Info. Systems
231/724-6744
FA.r"'{.1722--4301
The City of Muskegon will comply with all NPS requirements. The total grant is for
!Leisun: Service $271,429, with $190,000 coming from UPARR. The local match of$81,429 will be
231/724-6704
FAX/724-1196
provided from the City's General Fund in the form of cash. The City has applied for
funding through the State Trust Fund, I don't expect and help from them for this project.
Manager's Office
231/724-6724 The project will begin within one year of receiving the grant and will be completed
FAX/722-1214 within two years. Sheldon Park is owned fee simple by the City and is one of the City's
Mayor's Office Charter Parks.
231/724-5701
!FAJU722-1214
The City Commission has approved the updated RAP and looks forward again working
h1spection Services
231/724-6715 with the NPS on a UPPAR project.
FAiU726-2501
Plmming/Zoning Thank you for your consideration.
231/724-6702
FAX/724-6790
Sincerely,
Police Dept,
231/724-6750
FAX/722-5140
Public Works Steve Warmington, Mayor
231/724-4100 City of Muskegon
FAX/722-4188
Tr"ensnrer
231/724-6720
FAX/724-6768
Wnter Billing Dept.
231/724-6718
FAX/724--6768
Water Fllt;atlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MK 49443-0536
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
231/724-6703
FAX/726-5181
Cemetery
231/724-6733
FAX/726-5617
Civil Service
231/724-6716
FAX/724-4405
Clerk
231/724-6705
FAX/724-4173
Comm. & Neigh, February 14, 2002
Services
231/724-6717
FAX/726-2501 Jim Krejci
Engineering
NPR, Midwest Region
231/724-6707 1709 Jackson Street
FAX/727-6904
Omaha, NEB 68102-2571
IFimmcc
231/724-6713
lFAX/724-6766 Dear Mr. Krejci,
Fke.Dept.
231/724-6792 On bebalf of the City of Muskegon, I am pleased to send you this letter of transmittal for
F AX/724-6985
the update to the RAP. The City Commission approved the update at their meeting on
Income 'fnK February 12, 2002. A copy of the Resolution is attached. Also attached is an update on
231/724-6770
WAJU724-676ll the projects listed in our RAP, and the new list of projects for the updated RAP.
!nfo. Systems
231/724-6744 The City Commission has authorized staff to submit a grant application for UPARR
l<'AX/722-4301
funding for the Rehabilitation of Sheldon Park. The park is a heavily used neighborhood
lLefam·e Senlce park. Little work has been done to the park in over 50 years, except normal maintenance.
231/724-6704
FAJU724-11% The park is not accessible and needs paved walkways. The parking lot is not paved and
does not meet city code. The restrooms are all but unusable as they do not meet ADA
IVfonager's Office
231/724-6724 nor are they in a location easily accessible to where people play in the park. The
FA1U722-1214
playground surface no longer meets safety guidelines or ADA. The irrigation system is
Mnyor'n Office not automatic and the coverage is poor in areas where the system does work.
23]/724--6701
fAXt/22-1214
The city has been systematically rehabilitating all of its parks and it is time Sheldon was
Inspection Services
231/724-6715 done. We look forward to working with you on this important project for the City of
FAX/726-2501 Muskegon.
Planning/Zoning
231/724-6702
FAX/724-6790
Thank you for your consideration.
Police De11t.
231/724-6750 Sincerely,
FAX/722-5140
Puihilc Worlts
231/724-4100 Steve Warmington, Mayor
FAJU722--4l!lll
City of Muskegon
Trre1mnrer
231/724-6720
FAX/724-6768
Water ll!Jling Dept.
231/724-671[1
FAJU724-
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Hackley Avenue 0 LIMI
1-
SEAWAY INDUSTRIAL PARK
City of Muskegon, Michigan
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
. RESOLUTIONN0.-2QQ.2-18(d)
A resolution determining the necessity to acquire land for public purposes by eminent
domain.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon is presently engaged in developing and acquiring a property
located in Block 1 of the Revised Plat of 1903 of the City of Muskegon for the purpose of
conveying the same to the Local Development Finance Authority for use in a
Development Plan, pursuant to MCL 125.2159.
2. It appears that it is necessary to begin eminent domain proceedings because of the status
and results of negotiations which have been carried on by the City.
3. The use of the said lands pursuant to a Development Plan at the said location will further
economic development in the City of Muskegon, and it is in the best interests of the City
to acquire the said land for use in a Development Plan. The District and its boundaries
have been established and the land is sufficiently identified.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. The City Commission hereby declares and determines that it is in the public interest and
constitutes a public purpose to acquire the property set forth in Schedule A attached to
this resolution for the purpose of acquiring sufficient land to develop the Seaway
Industrial Park.
2. The City Commission further declares and detenill11eS that it is necessary to acquire the
said land for conveyance to the Authority for use in a development plan.
3. It is further declared and detennined that it is necessary to acquire and take the fee simple
estate in real property, fully described in Schedule A, without the consent of the owners
thereof, for the purpose of using the property in a Development Plan. The said described
parcel is necessary for the use and benefit of the public and a good faith written offer to
purchase said parcel has been made. The City Attorney is directed to institute
condemnation proceedings against the owners and any other parties in interest in the said
described parcel which has been deemed necessary for the acquisition and conveyance to
the Authority pursuant to MCL 125.2159.
S:\PLANNING\COMMON\ECON. DEV\CC ITEMS\2009 PARK TAKING DOCS.DOC
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Declaration of Taking in the form attached to this resolution.
This resolution passed.
· g"-'t"'o"-'n.,_.--'B"'u"'i,.,ec.__
Ayes _ _...,G"'a""wr"----"'oncc.,-----=L,,,,a,...r,,_so"'n'"•'-'-..,S'"c""hw,,.·e"'i""·f~l.,ee,_r+,...,S,,.h,.se"'p"'h"'er,_,ct,_,.'----"S"'o"'a"'taa,rc.00"-'.'-"W""a"-rm""i"'n"'
Nays _ _...Jll.L=----------------------------
CITY OF MUSKEGON
By'_J.L~-k)z:O~.~~
Gail A. Kundinger, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission. held on February 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.
S:IPLANNING\COMMON\ECON, DE\/\CC ITEMS\2009 PARK TAKING DOCS.DOC
City of Muskegon
Muskegon County, Michigan
2002-18(d)
DECLARATION OF TAKING
Land in Block I, Williams & Young Subdivision, City of Muskegon
A statement of necessity has been made by the City Commission of the City of Muskegon setting forth that the
acquisition of properties for the Seaway Industrial Park, located in the District administered by the Local
Development Finance Authority is necessary. As a result, itis necessary to acquire certain property for said
purpose, and a good faith written offer to purchase said parcels of property has heretofore been made.
Therefore, by virtue of the authority vested in the City of Muskegon by law and constitution, and pursuant to 1980
PA 87, MCLA 213.51, MSA 8.265(1), it is now declared that by the filing of the Complaint and this Declaration in
the Circuit Court for the County of Muskegon, title to the property hereinafter described is taken in the name of the
City of Muskegon for the purpose of transfer to the Authority for use in a Development Plan, pursuant to MCL
125.2159.
A description of the property taken sufficient for its identification, the names of the persons interested in said
property so far as known, a statement of the estate or interest being taken, and statement of the sum of money
estimated by complainant to be just compensation for the part to be taken is as follows:
Legal Description
See attached Schedule A
Estate to be acquired: Fee Simple
Owners and Interested Parties: Richard Wilson, owner; and all persons occupying the premises
Estimated Just Compensation: $52,000
S:\PLANNING\COMMON\ECON. DEV\CC ITEMS\2009 PARK TAKING DOCS.DOC
SCHEDULE A
LEGAL DESCRIPTION
2009 Park Street
Lots 4 and 5, Block I, Young & Williams Addition, City of Muskegon, County of
Muskegon, State of Michigan
Commission Meeting Date: February 12, 2002
Date: February 6, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department te:(,,
RE: Approval of Contract for Payments in Lieu of
Taxes for Arbors at Jackson Hill
SUMMARY OF REQUEST: A contract providing for payments in lieu of
taxes for Arbors at Jackson Hill (currently property owned by Don
Balcom- see map attached) has been requested in accordance with
Section 2-6 of the City Code of Ordinances. Members of the Sterling
Group have met with City staff, as well as members of the Jackson Hill
Neighborhood Association. The Association is supportive of their
project. The contract is attached. The City Commission is requested to
approve the contract.
FINANCIAL IMPACT: Payments under the contract are recommended
to be eight percent (8%) of the highest contract rents for all eligible units,
whether occupied or not. This amount is four percent (4%) higher than
our previous PILOT Agreements for other projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached contract and
authorize the Mayor and Clerk to execute the contract on behalf of the
City.
COMMITTEE RECOMMENDATION: The City Commission Working
Session will be reviewing PILOTS at their meeting on 2/11/02 and may
have some additional input on this particular project.
Date: February 12, 2002
To: Honorable Mayor and City Commission
From: Legislative Policy Committee
RE: Construction of Four Houses in Lakeside
SUMMARY OF REQUEST: To rescind previous action of the City
Commission regarding this request and approve the construction of four
homes on four lots with dimensions of 72 feet x 102 feet.
FINANCIAL IMPACT: Construction of four homes (instead of only two)
will generate additional tax revenue for the City
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:.To approve the request to build four
homes on the site and authorize the Mayor and Clerk to sign necessary
documents.
PARMENTER O'TOOLE
Attomeys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
January 28, 2002 Via fax 724.4178
and Hand Delivery
Ms. Gail A. Kundinger
City Clerk
City Hall
Muskegon,MI 49443-0536
Dear Gail:
You have asked me to review Robert's Rules and indicate the kind of motion and vote which
might be appropriate where the Commission wants to revisit the Ingalls' building restriction
imposed by the purchase agreement and deed given by the City last year. If I remember
correctly, the City's action in approving the purchase agreement was to require a covenant that
only two single-family houses would be built on the prope1iy. That covenant was recorded with
the deed and also placed in the purchase agreement.
In order to change that, there must be a motion to "rescind" the previous action of the
Commission or amend the previous action adopted. This type of motion is different from a
motion for reconsideration. There is no time limit in bringing it and it may be proposed by
anyone making the motion to accomplish the change. Accordingly, the motion would be a
motion to amend the previously adopted action, and it would refer to that action (which you will
need to bring up from the minutes) to allow the building of a different number of houses on the
property (which should be defined).
Assuming that such a motion is made, Robert's Rules list the following characteristics:
1. The motion takes precedence over nothing and can only be moved when nothing
else is pending.
2. It can be applied to any sort of action of the Commission.
3. It is out of order when another has the floor.
4. It must be seconded.
5. It is debatable.
G:\EDS!\FILES\00100\085012\MEMO\A04674.DOC
6. The motion is amendable, but, depending on what is amended, would possibly
require a super majo1ity for voting.
7. Voting requirements. Either: a) a two-thirds vote; b) a maj ority vote with notice
of intent to make the motion being noticed before the meeting in the call; or, c) a
vote of a majority of the entire membership.
Obviously, if all seven members of the Commission are present the majority of
the entire membership is the same as the majority vote.
8. A negative vote on the motion can be reconsidered, but not an affomative vote.
All this is found in the Tenth Edition of Robert's Rules at paragraph 35.
Please call me ifthere are any questions.
Dir
E-mail: gtj@parmenterlaw.com
GTJ:mmf
G:IEDSIIFILES\00100\085012\MEMO\A04674.DOC
b. Sale of Vacant La nd on Miner Street in La keside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the property described as map
number 24-30-34-429-006 to Bill Ingalls II of 110 John Ave. for $15,500. The parcel is 150
feet x 205 feet, and as such will be split to make two lots for the construction of two
single family homes having 75 feet of frontage each. The appraised value of each
parcel is $4,500 for a total minimum bid price of $9,000.
Mr. Ingalls submitted the high bid of three bids submitted for this property. The
other bidders were as follows: Mr. Patrick J. Mason of 3032 Farr Road, Fruitport,
Michigan ($9,260) and Mr. Mark Anderson of 2140 McCracken Street ($9,000). All
bidders were notified of the meeting and asked to be prepared to answer questions
from the Commission.
FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on
the two new homes and relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as,
authorization for both the Mayor and the Clerk to sign the resolution and deed.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to ap-
prove the sale of the property to Bill Ingalls II of 110 John Ave. for $15,500.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
c. Additional Solid Waste Services.
PUBLIC WORKS
SUMMARY OF REQUEST: The Staff has been negotiating with Sunset Waste to offer
additional solid waste services: ·
1. Full season yard waste pick up at the curb on household garbage days.
2. Eliminate Saturday morning drop-offs.
3. Establish an $ .18 per household credit per month towards recycling fees ( 10%
discount).
4. Continue current limitation of $1 .00 per year maximum landfill charge increase.
5. The addition of corrugated cardboard to the recycling stream.
6. Increase yard waste handling fee to $10.00 from $5.00.
7. A three-year contract extension from March 2002 to February 2005.
FINANCIAL IMPACT:
1. Year-around curbside pick up No cost
2. Eliminate Saturday drop offs Savings $54,718/year
3. Recycling credit Savings $28,872/year
4. Tipping fee savings Varies
MAY 9, 2000 9
BUGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
Motion by Commissioner Aslokson, second by Commissioner Benedict ·to adopt
the minutes as presented.
ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson, Benedict, Nielsen
Nays: Sieradzki
Absent: Shepherd
ADOPTED
b. Communication Equipment Purchases.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase eighteen portable radios for
Fire/Police at $678.50 each and six for DPW at $615.50 each (Motorola model HT750),
twelve mobile radios for DPW at $602.50 each (Motorola model CDM-1250), and six
patrol car mobile radios ·for Police at $3,032.69 each (Motorola model MCS-2000)
from Tele-Rad Inc.
FINANCIAL IMPACT: Total cost is $41,332.14 for all units, this money will come from
the Equipment Fund.
BUDGET ACTION REQUIRED: None, $46,800.00 budgeted for these purchases.
STAFF RECOMMENDATION: Approve purchase of above radio equipment from
Tele-Rad Inc. for a total of $41,332.14. - ,
Motion by Commissioner Benedict, second by Vice Mayor Sieradzki to approve
the purchase of communication equipment for Fire/Police and DPW.
ROLL VOTE:·Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: Shepherd
ADOPTED
e. Construction of four houses in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the construction of two additional houses on
the parcel designated as map #24-30-34-429-006. Last month, the commission
approved th e sale of the land to Bill Ingalls, II for two houses that will front Miner. After
careful consideration Mr. Ingalls decided to build two additional homes which will
front Harrison. All fQur lots will have dimensions of 72 feet x 102 feet.
FINANCIAL IMPACT: Construction of the additional two homes fronting Harrison will
generate additional tax revenue for the City.
BUDGET ACTION REQUIRED: None
JUNE 27, 2000 4
STAFF RECOMMEl'IDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to table
this item until the July 11, 2000 Regular Commission Meeting.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: Shepherd
ADOPTED
i. Handicapped Ramp Bids.
LEISURE SERVICES
SUMMARY OF REQUEST: To purchase 230' of 5' x 10' portable decking to provide
an accessible.walkway on Pere Marquette Beach.
FINANCIAL IMPACT: $10,040
BUDGET ACTION REQUIRED: None, paid for with grant from the Paul C. Johnson
Foundation.
STAFF RECOMMENDATION: Approve. The Leisure Services Board recommends
approval.
Motion by Commissioner Aslakson, second by Commissioner Benedict to
purchase 230' of portable decking to provide cm accessible walkway on Pere
Marquette Beach.
ROLL VOTE: Ayes: Spataro, Aslakson-, Benedict, Nielsen, Schweifler, Sleradzki
Nays: None
Absent: Shepherd
ADOPTED
2000-065 PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Developme'nt District
for Consumers Energy.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended,
Consumers Energy, 151 N. Causeway, Muskegon, Michigan, has requested the
establishment of an Industrial Development District for property located at 151 N.
Causeway (B. C. Cobb Generating Plant), Muskegon, Michigan. The project will
result in the creation of 2 new jobs and $22 million in private investment.
FINANCIAL IMP ACT: Certa.in additional income and property taxes will be
collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
Development District for Consumers Energy.
JUNE 27, 2000 5
r
Mayor l'lielsen thanked Lee Slaughter, Assistant City Manager, for filling in until Mr.
Harris was hired.
2000-070 UNFlNISHED BUSINESS:
o. C onstruction of 4 houses in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT (From June 27th meeting)
SUMMARY OF REQUEST: To approve the construction of two additional houses on
the parcel designated as map #24-30-34-429.-006. Last month, the Commission ap-
proved the sale of the land to Bill Ingalls, II for two houses that· will front Miner. After
careful consideration Mr. Ingalls decided to build two additional homes which will
front Harrison. All four lots will have dimensions of 72 feet x 102 feet.
FINANCIAL IMPACT: Construction of -the additional two homes fronting Harrison will
generate additional tax revenue for the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Vice Mayor Siercdzki to cipprove the
construc'tion o"i mo additional houses on ·lhe parcel.
Amendment by Commissioner Aslckson, second by Commissioner Spotaro to in-
struct staff to clarify ihe environmental status to the sotisfacfiora of the City Attorney.
ROLL VOTE: Ayes: Sieradzki, Spataro-, Aslakson
Nay$: Nielsen, Schwemer, Shepherd
Excused: Benedict
FAILS
b. S<:1!e of Four (4) Non-Buildable Lots to Hobikrr for Humanity.
PLANNING & ECONOMIC DEVELOPMENT .
SUMMARY OF REQUEST: To approve the sale of four non-buildable lots for the con-
struction of two (2) single family homes. The lots will be sold to Habitat for Humanity
for $6,000. Each of the proposed homes w ill have 66 feet of frontage and will include
the tollovving amenities: brick; gabled roofs; front porches; shutters; and decorative
windows. As the lots are adjacent, noticeable differences in exterior design are a
condition of sale. Information regarding the impending sale of these lots has been
forwarded to the Jackson Hill Neighborhood Association. Financial information to
support the purchase was unavailable at the tjme agenda items were due, which
explains why this item was recently added to the agenda.
FINANCIAL IMPACT: Approval of the sale allows the property to be p laced on the
city's tax rolls thus relieving the City of continued. maintenance costs.
BUDGET ACTION REQUIRED: None
JULY 11, 2000 11
b. Construction of 4 Houses in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: At the last City Commission meeting, this item was pre-
sented, and additional information regarding possible environmental concerns was
brought forward. The City Attorney was particularly concerned about the statements
being made that the site may be a facility, as defined by the Michigan Department
of Environmenta l Quality (MDEQ). Although staff had no knowledge of this prior to
the meeting, we feel that these statements may have influenced the Commission to ·
vote against the item. Therefore, staff ,has researched the environmental concerns
with the MDEQ and found that the site is not a facility. However, due to· the informa-
tion staff has indicating that a greenhouse was previously on the site, we will send d
letter to the purchaser of the property, indicating that we have such information, and
recommending that the purchaser have a Baseline Environmental Assessment com- -
pleted for the property. This letter will be sent prior to our closing on the property. In
light of this information, staff requests that th~ City Commission reconsiders this item.
FINANCIAL IMPACT: Construction of the additional two homes fronting Harrison will
generate additional tax revenue for the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Commissioner Aslakson to approve
the construction of four homes to be built on the lot.
Motion and second withdrawn.
No other action token on this item.
2000-075 NEW BUSINESS:
a . Request for a Planned Unit Development for 700 Terrace Street.
(Formerly Teledyne Property}
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for a Planned Unit Development for the former
Teledyne property, for a mixed-use development, containing offices, retail, condo-
miniums and a marina. The request is fro m Lakefront Development, L. L. C.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: No ne
STAFF RECOMMENDATION: Staff recommends approval of the PUD provided that
the conditions listed in the resolution are met. The Planning Commission recom-
mended approval of the PUD, w ith the conditions listed on the resolution. The vote
was unanimous.
JU LY 25, 2000 10
Memo
To: Members of the Commission
From: Cathy Brubaker-Clarke C[);t,,
CC:
Date: 01/17/02
Re: Bill Ingles Property
This is additional information on the Bill Ingles property that you may want to review.
• Page 1
HARRISON COURT
CITY COMMISSION PRESENTATION
July 11, 2000
1. There is a City of Muskegon Street sign, which reads Harrison Court., indicating that this a
street as opposed to an alley (this street is 27 ft in width). (show picture) Harrison Court
shows up on plat map of 1903 according to Moore & Bruggink Surveyors.
2. There is one existing house, which fronts Harrison and is recorded with a Harrison address-
2436 Harrison. (North side of Harrison -second lot going west)
~The subject parcel, prior to the demolition of the greenhouse also had a Harrison address-
\ ; · 2429 Harrison. .
·-·----·----· - - - - · - · - - ~
4. Neither the existing house, the subject parcel, nor any other lots bordering Harrison Court
indicate via legal descriptions showing easements or othe°i"indicia of private ownership of the
road.
5. Both Fire and Police staff have indicated that the road poses no problems related to access.
(,, ' 'S
6/XJ/' 1o \)"( r. 'fi\.of
-·
Vi>L J.... ll\l[
rr- tt
µ.,v-r(~ cJ..
Lakeshore Dr
Lakeshore Dr.
~ I I I 11
r----j r----j ti ~
f------, ~ m I~'!!
1-----i ~j,E
~ Ir------,~ rr~------1'.:':~--;J Harrison Ave.
~ u
- ..- -- . -· ,n,
Miner Ave.
I
Morton Ave.
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Ml 49440,
QUIT CLAIMS to Bill Ingalls, II, a married man, of 110 John Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, and State of Michigan, to wit:
Lot 2, except the West 15 feet of the North 205 feet thereof,
Block 676 of the Revised Plat of 1903;
for the sum of Fifteen Thousand Five Hundred ($15,500) Dollars.
PROVIDED, HOWEVER, Grantee, or his assigns, shall commence construction of four single family homes on the premises herein
conveyed within eighteen (18) months after date hereof. In default of such construction, title to the premises herein conveyed shall
revert to the City of Muskegon free and clear of any claim of Grantee or his assigns; and, in addition thereto, the City of Muskegon
may retain the consideration for this conveyance free and clear of any claim of Grantee or his assigns. "Commence construction"
means 1) the issuance of residential building permits by the City of Muskegon; and, 2) in the sole opinion of the City of Muskegon's
Director oflnspections, twenty-five (25%) percent completion of the dwellings described in the said building permits.
This deed is subject to a covenant by the Grantee and all persons claiming under and after Grantee that no more than four residences
shall be constmcted on the property, which shall be divided into two lots fronting on Miner Street and two lots fronting on Harrison
Street only. This covenant runs with the land. Violation of this restriction shall result in reversion of title to the Grantor.
In the event ofreversion of title of the above described premises, improvements made thereon shall become the property of the
Grantor.
By action of the City Commission of the City of Muskegon, taken February 12, 2002, the former covenant restricting building on the
land to two houses, found in the deed recorded at Liber 323 I Page 424, Muskegon County Register of Deeds, has been rescinded, and
the covenants regarding building on the property set forth in this deed approved. This deed is given and recorded for the purpose of
vacating the former covenant and instituting the above covenant restricting improvements on the property to four single family homes.
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 rJ/st day of /lJa r c. /2 , 2002.
Signed in the presence of:
L f /Jct'a /4tft'r
~L 1<~l~S>lt; .
TD A Y)f\ ~rv )G, I.N s\C I
C:ITEMPIA2471 0.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
,2/sf
The foregoing instrument was acknowledged before me this day of flZa /"c A ,
2002, by STEPHEN J.
WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalf of the City.
PREPARED BY:
G. Thomas Johnson Lindo s. /?crN·er
Parmenter 0 1Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: ~o/L·_-~oZ~s-~-~0~2~-------
Muskegon, MI 49443-0786
Telephone: (23 I) 722- I 62 I When Recorded Return to: Granter
Send Subsequent Tax Bills to: Grantee
C:\TEMP\A24710.DOC
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