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CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 23, 2001 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. Community Relation Committee 2001 Appointments. COMMUNITY RELATIONS COMMITTEE c. Request to Dissolve a Planned Unit Development for 1050 West Western Avenue (Waterfront Centre). PLANNING & ECONOMIC DEVELOPMENT d. Alley Vacation in Jeannof Court, Block 2. PLANNING & ECONOMIC DEVELOPMENT e. 2001 Wafer Treatment Chemical Bids. WATER FILTRATION f. DNR Agreement for Engineering Study, LEISURE SERVICES g. Port City Princess. LEISURE SERVICES h. Fertilizer Bids. LEISURE SERVICES i. Resolution for Charitable Gaming License (Muskegon Yacht Club). CITY CLERK • PUBLIC HEARINGS: a. Special Assessment District Barclay Street. ENGINEERING b. Special Assessment District Sherman Blvd. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: a. Request for Resolution for Gaming License (Muskegon Connection Golf Club). CITY CLERK • NEW BUSINESS: a. Charter Parks. LEISURE SERVICE b. Parking Lease - West Michigan Dock & Market Corp. CITY MANAGER c. Arena Contract. LEISURE SERVICES d. Arena Maintenance. LEISURE SERVICES e. Community Center RFP. LEISURE SERVICES f. 2001 Police Cruiser Purchase. PUBLIC WORKS g. Plow Truck Chassis. PUBLIC WORKS h. Fair Housing Impediment Study. COMMUNITY AND NEIGHBORHOOD SERVICES i. Housing Commission Appointments. CITY MANAGER • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • CLOSED SESSION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • limit of 3 minutes to address the Commission. • {Speaker representing a group may be allowed 10 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, MUSM] 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Commission Meeting Date: January 23, 2001 Date: January 3, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Developmen( 0 RE: Request to Dissolve a Planned Unit Development for 1050 W. Western Ave. (Waterfront Centre) SUMMARY OF REQUEST: Request to dissolve the Planned Unit Development (PUD) previously granted for a mixed-use development at 1050 W . Western Ave. (Waterfront Centre). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request. The vote was unanimous. 1/3/2001 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING December 13, 2000 Hearing; Case 2000~49: Staff-initiated request to dissolve the Planned Unit Development previously granted to the Waterfront Centre for a mixed-use development at 1050 W. Western Ave. BACKGROUND The Waterfront Centre property is currently in foreclosure. As plans for redevelopment of this property are then, of necessity, on hold, staff is asking to dissolve the Planned Unit Development which was previously granted for the property. This would give the property a 'clean slate' for any potential new developers who may come forward in the future, and not hold them to the previously approved site plan for the property. Staff has received one phone call on this request, from Steve Gawron, President of Nims Neighborhood Association. Ml'. Gawron had some questions about the reason for dissolving thePUD. City of Muskegon Planning Commission - 12/13/00 CITY OF MUSKEGON RESOLUTION 2001- 7{c) RESOLUTION TO DISSOLVE THE PLANNED UNIT DEVELOPMENT PREVIOUSLY GRANTED FOR 1050 W. WESTERN AVE. (WATEFFRONT CENTRE) WHEREAS, a planned unit development and associated site plan had previously been approved for the Waterfront Centre at 1050 W. Western Ave.; and, WHEREAS, the project was not able to proceed and the property is currently under foreclosure; and, . WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during · which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended to dissolve the planned unit development. NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City Planning Commission be accepted and the planned unit development for 1050 W. Western Ave. is hereby dissolved Adopted January 23, 2001 . Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd Nays: None Absent: NOne CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission ofthe City of Muskegon, at a regular meeting of the City Commission on the 23rd day of January, 2001, 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. j -- ,/ . DATED: January 23 2001. ~ J.. ~~ QAJ Gail Kundinger, CMC/ AAE(J' Clerk, City of Muskegon City of Muskegon Planning Conmission Case #2000-49 + Muskegon Lake LR * = Subject Property(ies) LR I 0 = Notioe Area I I I ~ RM-1 = Low Density Multiple-Family Residential I 1-2 B-2 = Convenienoe and Comparison Business 1-2 1-2 = General Industrial ( 1-2 LR = Lakefront Recreation B-2 LR LR 1-2 ~ I f.l~ I It./ 1-2 ''- 1 ' " 1-2 I I;;;, :ii i~/ !!,,___c 1-2 1' 0 / I \ ,------ -~~-a-~·, ~HIG~Nf\/ I§ ~ ~ ! I RM-1 //RM-1/ I I ! 1 I I I~ I I , RjVl-11 1 I 1-2 rr-L-,- i I I 1 , i ,I I ! 1111 .1 f I~ I I I 1 il I I I vyA~HJrG~ON V 1 I I L______J I 1 11 1 I I I I I II I ' I ~ / / r------------_ I ' , I I I I , I I , 600 0 600 1200 Feet Commission Meeting Date: January 23, 2001 Date: January 3, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ~ RE: Alley Vacation in Jeannot Court, Block 2 SUMMARY OF REQUEST: Request for vacation of the existing east/west alley only in Jeannot Court, Block 2, bounded by Laketon Ave., Nevada St., Windsor Ave. and Franklin St. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the proposed alley, as described above, with the condition that all City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended denial of the request for vacation of the proposed alley. The vote was: Yes (Denial): Abraham, Mazade, Nielsen, Smith, Sartorius, Coleman, Kleaveland No: Aslakson Absent: Veltkamp 1/3/2001 --- - -- - --- ------ lS VOVl\3N -i ==~ =-= C ,_ o E [-_-lTT[]JTJUl IJifIJJ lS AV7:JlJV8 ------~-------------------------- iE',: -== --=--= -Io~8is--~ ---l r==1- - - - 0 C Cl) ~ C t/J --- - ~ ---- CITY OF MUSKEGON RESOLUTlON 2001 - 7( d) RESOLUTION TO VACATE A PUBLIC ALLEY (DENIAL) WHEREAS, a petition has been received to vacate the existing east/west alley only in Jeannot Court, Block 2, botmded by Laketon Ave., Nevada St., Windsor Ave. and Franl<lin St., City of Muskegon;and WHEREAS, the Planning Commission held a public hearing on December 13, 2000 to consider the petition and subsequently recommended denial of the vacation; and WHEREAS, due notice had been given of said hearing as well as the January 23, 2001 City Commission meeting to consider the recommendation ofthe Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission does not deem it advisable for the public interest to vacate and discontinue the alley; Adopted this 23 rd day of January 2001. Ayes: Sieradzki, Spataro, Aslakson, Benedict, Ni e lsen, Schweifl e r, Shepherd Nays: None Absent: None By: ~ ~ FredJ.Nik: Mayor CERTIFICATION I hereby certify that the foregoing constitutes a tme 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 January 23, 2001. Gail Kundinger, CMC/AAE Clerk, City of Muskegon Staff Report [EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING December 13, 2000 Hearing; Case 2000-47: Request for vacation of the existing east/west alley in Jeannot Court, Block 2 (bounded by Laketon Ave., Nevada St., Windsor Ave. and Franklin St.), by Helen Johnson. BACKGROUND In 1994, the west half of this alley was vacated, at the request of WESCO, Inc. Ms. Johnson is currently requesting to vacate the remaining portion of this east/west alley. There is an existing north/south alley in the same block, which is not part of this request, and will remain open as a dead-end alley if this request is approved. The City Engineer has no objections to vacating this portion of alley, provided that all easement rights are retained. The Fire Marshal has no objection to vacating this portion of alley. Staff has not yet received comments from the Depattment of Public Works. City of Muskegon Planning Commission - 12/13/00 CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING MINUTES [EXCERPT) December 13, 2000 The meeting was called to order at 4:04 p.m. by Chairman P. Sartorius, and roll was taken. MEMBERS PRESENT: M. Kleaveland, B. Mazade, F. Nielsen, L. Abraham, D. Coleman, P. Sartorius, J. Aslakson, , B. Smith MEMBERS ABSENT: P. Veltkamp, excused STAFF PRESENT: D. Steenhagen, L. Anguilm, B. Moore OTHERS PRESENT: Steve Gunn, Muskegon Chronicle; Charles Johnson, 1954 Jarman; John Johnson, son of applicant Helen Johnson; Joe from WESCO, 2125 Carter, Norton Shores; Student from Muskegon High School, 445 Houston PUBLIC HEARINGS Case 2000-47 - Request for vacation of the existing east/west alley in Jeannot Court, Block 2 (bounded by Laketon Ave., Nevada St., Windsor Ave. and Franklin St.), by Helen Johnson - D. Steenhagen gave the staff report and indicated that in 1994, the west half of this alley was vacated, at the request of WESCO, Inc. Ms. Johnson is currently requesting to vacate the remaining portion of this east/west alley. There is an existing north/south alley in the same block, which is not part of this request, and will remain open as a dead-end alley if this request is approved. Staff recommends the request be approved. The City Engineer has no objections to vacating this portion of alley, provided that all easement rights are retained. The Fire Marshal has no objection to vacating this portion of alley. Staff has not yet received comments from the Depaiiment of Public Works. J. Johnson and C. Johnson both spoke on behalf of their mother, Helen Johnson. They explained the reasons for the request and answered questions from Commissioners. They stated that there has been a large increase in traffic through the remaining alley since the west half was vacated in 1994. They also felt that since WESCO has been using the alley that damage has been done on their property by lai·ge delivery trucks entering and exiting through the east end of the alley. Joe, representing WESCO, explained the reason that it would pose a hardship on the business if the alley was closed. Their trucks do use the alley for deliveries to avoid disturbing the neighbors on Nevada Street. A motion to close the public hearing was made by B. Mazade, supp01ied by M. Kleaveland, and unanimously approved. A motion to recommend to the City Commission that the vacation of the east/west alley in Jeannot Court, Block 2 be denied because it is a public alley and objections were raised by neighboring property owners, was made by M. Kleaveland, supported by F. Nielsen, and approved by majority vote, with J. Aslakson voting no. Date: December 19, 2000 To: Honorable Mayor and City Commissioners From: Water Filtration Plant RE: 2001 Water Treatment Chemical Bids SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders to supply aluminum sulfate, sodium hypochlorite, and fluoride for the Water Filtration Plant FINANCIAL IMPACT: Annual cost of $70,975.00 (based on average annual water pumped to mains). BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted annually. STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and the contract renewals and enter into contracts with General Chemical, Alexander Chemical, and Lucier Chemical for aluminum sulfate, sodium hypochlorite, and fluoride respectively. COMMITTEE RECOMMENDATION 9/18/97 MEMORANDUM 12/19/00 TO: R. KUHN, DPW FROM: R.VENEKLASEN,WFP RE: CHEMICAL BIDS-WATER FILTRATION PLANT BACKGROUND In 1996 the Water Filtration Plant began the process of competitively bidding water treatment chemicals jointly with the Cities of Grand Haven, Grand Rapids, Wyoming and Holland. The original bids (1996) allowed for mutually agreed upon annual contract renewal. Subsequent bids have also allowed for contract renewal in two or three year intervals. HISTORICAL CHEMICAL COSTS This process worked in the City's favor as the costs for treatment chemicals over the past four years have remained low. This is best indicated in the following table: YEAR ALUMINUM SULFATE CHLORINE FLUORIDE 1989 138.08 450.00 207.33 1990 141.79 460.00 160.00 1991 144.65 330.00 152.72 1992 143.00 235.00 150.88 1993 138.92 375.00 153.00 1994 136.89 375.00 165.00 1995 136.80 360.00 153.50 1996 136.29 (6 mos.) 395.00 138.80 1997 125.00 332.00 129.00 1998 125.00 332.00 (7 months) 129.00 1999 125.00 107.67 141.50 2000 136.50 107.67 141.50 NOTE: Began use of Sodium Hypochlorite as disinfectant in 1998. In January of 1998 joint bids were released for Sodium Hypochlorite with the Cities of Wyoming and Holland. Again the process was successful and a favorable cost was obtained for the Hypochlorite. The historical annual average chemical usage in tons, based on average pumpage is: CHEMICAL TONS Aluminum Sulfate 210 Sodium Hypochlorite 300 Flw~e ro CHEMICAL BIDDING FOR 2001 2000 was the first year, of two years possible, for bids for Aluminum Sulfate This was the last year for Hypochlorite. Fluoride was re-bid for 1999 in the three-year format. The Fluoride supplier, Lucier Chemical, Inc. (LCI) has indicated that they will raise the current price of $141.50 per ton to $145.00 as allowed in the contract extension. The Aluminum Sulfate suppler, General Chemical, indicated they would be extending the current two-year contract at the current price of $136.50. Sodium Hypochlorite was jointly bid for 2001, with the following results: SUPPLIER YEAR HOLLAND WM COOP Alexander Chemical 1 $107.20 $107.20 2 107.20 107.20 3 107.20 107.20 Haviland 1 $120.00 $120.00 2 No Bid No Bid 3 No Bid No Bid K.A. Steel 1 $121.03 $121.03 2 No Bid No Bid 3 No Bid No Bid Rowell Chemical 1 $137.00 $140.00 2 No Bid No Bid 3 No Bid No Bid VanWalters & Rogers No Response No Response Webb Chemical No Response No Response The results display that Alexander Chemical is the low bidder for the cooperative joint purchasing group at a cost of $107.20 per Ton for a three-year period. SUMMARY The joint cooperative chemical bids for 2001 are as follows: CHEMICAL SUPPLIER COST Aluminum Sulfate General Chemical $136.50 Sodium Hypochlorite Alexander Chemical $107.20 Fluoride Lucier Chemical $145.00 *The prices are "per ton" FOB each location. RECOMMENDA T/ON It is my recommendation that the Mayor and City Commission endorse the low bid received with the joint purchase approach for sodium hypochlorite, and the extensions for aluminum sulfate and fluoride. Date: January 5, 2001 To: Honorable ~o/7 and City Commissioners From: Ric Scott f/?z1,~ R.IE: DNR. Agreement for Engineering Study SUMMARY OF REQUEST: Authorize the Mayor and Clerk to sign the attached agreement with the DNR to help fund the Engineering study for Hartshorn Marina FINANCIAL IMPACT: They will fund 50% of the $22,500 project BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Arri rmal in• t\c1 ion 23 1/72 4-6703 F.-\:\/722- 12 1-1 , \!-,!-,\'~:,O:Or 231 /72 4-6711S F.\:\/726-Sl8 1 Ccn11.-tcry 231/724-(,78.l Fr\:\/72/,-,61 7 C'i\'il Servin• 23 1/724-67 16 FA :\/724-4 40S West Mfchlgan's Shoreline City Clerk 23 I /724-(, 70, F,\:\/724-4 178 Date : January 5, 2001 !J l/72H,7 I 7 To: Honorable M;7y and City Commissioners F,\ .\/726-2Sll I From: Ric Scott /fJ<f1.ef-' Engi1tCl'l'i11g 23 1/724-(,707 Re : DNR Agreement for Engineering Study F.1:\/727- 6'!04 The DNR has agreed to 50% of the preliminary engineering Fin:IIICl' 2J 1/724-(,7 IJ study for Hartshorn Marina, which you have previously FA :\/7H-(, 7(,8 approved with Abonmarche. The cost of the study will be Fire Dept. about $22,500. The agreement authorizes up $25,000 for 2J 1/724-6792 the study. F.1:\/724-698:i lnco ml' Ta~ I am requesting that you authorize the Mayor and Clerk 23 1/724-6770 to sign the agreement. The study is currently under F.\:\ /724-6768 way . I11fo. Sy~te ms 23 11724-6 7 44 Thank you for your consideration. F.-1 :\/72 2-rni I I .l'i~un• Sc 1T itr 2J I/7 24-6 704 Fc\.\/724-1 I% :'\ lan:t~cr's Officr 23 1/724-(,724 r .-\:\/722-12 14 i\layor '!- Orficr 23 1/724-67111 F.-1:\/722-12 14 ,\'l•ig h. & Co11sl. S t·rvict·.!- 2J 1/724-r.7 IS F,\:\/72<,-2501 Pla1111i11g/Zu11ing 23 I /724-6 702 F,\:\/724-67~0 1-'olicc Dept. 23 1/724-6750 F,\\:/722-5 1411 l'uhlit \Vorks 23 1/724-4 11111 F.-1\:/722-4 I 88 T r(';1surrr 231/724-67211 F,\ \:/724-<,768 \\'a1,· r lli ll in~ Depl. 23 I/72 4-6 7 18 F,\\:/ 724-6768 \\ ,tkr Filtra lio11 2.1 1/724-4 1ll6 FA:\/755-52911 C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 2001-?(f) AG REEM ENT Harbors and Docks - Engineering Studies THIS AGREEMENT, made this 23rd day of January , 2001, by and between the CITY OF MUSKEGON, MICHIGAN, a municipal corporation, hereinafter referred to as the "City", and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as the "Department". WHEREAS, the City is an important center of recreational boating activity and serves as a refuge point for shallow-draft recreational vessels; and WHEREAS, the City has solicited the aid and assistance of the Department in conducting a preliminary engineering study for upgrade of the Muskegon Hartshorn Municipal Marina; and WHEREAS, the Department agreed to participate in the cost of a preliminary engineering study to determine the design and cost estimate for these improvements, NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, it is agreed as follows: 1. This Agreement shall be administered on behalf of the Department through its Parks and Recreation Bureau. All reports, documents, or actions required of the City by this Agreement shall be submitted to the Chief, Parks and Recreation Bureau, P.O. Box 30257, Lansing, Michigan, 48909. 2. The Department agrees as follows: a. To grant to the City a sum of money equal to Fifty (50%) percent 6f the total cost of a preliminary engineering study. Said grant shall not in any event exceed twelve thousand five hundred dollars ($12,500.00). b. The monies herein granted shall be released according to the following schedule: W.W. Harbors and Dncks- E11gineeri11g Study· 2 City of M11skego11 Fifty (50%) percent of the total grant herein authorized upon execution of an agreement between the City and a registered professional engineer as prescribed in paragraph 3b hereof. The balance of the engineering study cost for which the Department shall be liable upon completion of the study, which amount shall not in any event exceed Fifty (50%) percent of the total grant hereinbefore authorized. c. As a condition precedent to any liability and/or responsibility of the Department under this Agreement, the City shall execute a contract br an agreement with, a registered professional engineering firm so licensed by the State of Michigan, for the conduct and completion of said preliminary engineering study, which contract or agreement shall be approved by the Department in writing. 3. The City agrees as follows: a. To immediately appropriate the sum of twelve thousand five hundred dollars ($12,500.00). This sum represents up to Fifty (50%) percent of the total cost of the preliminary engineering study called for by this Agreement. Any additional funds needed to complete this study, called for 'in this Agreement , shall be provided by the City. b. To negotiate and enter into a contractual relationship with a registered professional engineer so licensed by the State of Michigan to provide for the completion of said preliminary engineering study in accordance with established engineering principles, which contractual relationship shall be subject to the approval of the Department. c. To authorize no variances from said engineering contract nor any additional expenditures without obtaining prior written approval of the Department for each and every variance or additional expenditure. d. To use all funds granted by the Department to this Agreement solely for the conduct and completion of the preliminary engineering study. The City shall · maintain satisfactory financial accounts, documents, and records and shall· make them available to the Department for auditing at reasonable times. Such accounts, documents, and records shall be retained by the City for a period of not less than three years following completion of the study called for herein. IV.IV. Harbors and Docks- Engineering Study 3 City ofMuskegon e. To designate and establish a competent and proper agency and/or individual to be responsible for the conduct and the completion of the said preliminary engineering study. f. To hold and. save the State of Michigan and the Department free from damages or any suits brought against the City due to the conduct of the study. 4. It is expressly understood and agreed by and between the parties hereto that neither this Agreement, nor any section, paragraph, condition, clause, provision, or like portion hereof, shall in any way be construed so as to impose any obligation of any nature whatsoever, financial or otherwise, upon either the Department or the City as regards the construction· of facilities which shall be considered in said preliminary engineering study. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and · seal the day and ,date first abovewritten. WITNESSES: CITY OF MUSKEGON ~o.L.0 ~ By: \-~a Fr~1 ~-L~ • 'Y] , , sen / ·a .,J} , c:1c:nr/!.D 1/(}--l(},,L Title: Mayor MICHIGAN DEPARTMENT OF NATURAL RESOURCES By: _ _ _ _ _ _ _ _ __ Rodney A. Stokes, Chief Parks and Recreation Bureau IV. W. Harbors mul Docks- E11gineeriug Study 4 City of Muskego/I RESOLUTION Upon Motion made by Commissioner Aslakson seconded by Coimni s s i oi1er Shepher,d the following Resolution was adopted: "RESOLVED, that the City of Muskegon, Muskegon County, Michigan does hereby accept the terms of the Agreement as received· from .the Michigan Department of Natural Resources, and the City does hereby specifically agree, but not by way of limitation, as follows: 1. To appropriate the sum of twelve thousand five hundred dollars ($12,500.00), to match the grant authorized by the Department. 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the Department for auditing at reasonable times .. 3. To negotiate and enter into a contractual relationship with a registered professional engineer so licensed by the State of Michigan to provide for the completion of said preliminary engineering study in accordance with established engineering principles, which contractual relationship shall be subject to ·tl1e approval of ·the Department. 4. To comply with any and all terms of the said Agreement including all terms not specifically set forth in the foregoing portions of the Resolution." The following aye votes were recorded: _7__ The following nay votes were recorded: _O__ STATE OF MICHIGAN ) ) § MUSl<EGON COUNTY ) I, Gai 1 A. Kundinger . , Clerk of the City of Muskegon, Muskegon County, Michigan, do hereby certify that the above is a true and correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural Resources, which Resolution was adopted by the City Council at a meeting held January 23 , 2001. ~o.+l~q~, - Cieri< City - . 0 Dated: l-ol-01 - ---- - - - - - - - - - - - - - - - Date: January 16, 2001 To: Honorable ~.~ av ;,r~d City Commissioners From: Ric Scott l/rfii/7 RE: Port City Princess Contract SUMMARY OF REQUEST: To authorize the Mayor and Clerk sign the attached agreement with the Port City Princess FINANCIAL IMPACT: The basic payment is $4,500, which is higher that the 1.5 times the 40' slip rate in pat eentraets BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: The Leisure Services Board meets on Monday , H lirmati vt· Ar t ion 23 I /724-6703 F..\:\/722- 1214 .\ssl'~so r 23 1/7H-67118 F.-\:\/72/,-5 18 1 Ct:ml·ll' ry 23 1/72 4-67X3 F,\:\/726-% 17 C i,·il SHvkt: 23 1/72-1-67 16 FA:\/72 4-HO, We.t Michigan's Shol'ellne City Cl,·rl< 23 11724-/, 7115 F,\:\/72 4-4 17X Date: January 16, 2001 23 1/724-/, 7 17 To: Honorable M~:/11. ~ -City Commissioners F.\:\/726 -2511 I From: Ric Scott /J'rftl/7 E11g i11cni 11g 2.l 11724-/,7117 Re: Port City Princess Contract F.\:\/72 7-W 114 Attached is a new contract with the Port City Princess Fi11:111n· 231171 4-6 7 IJ ee doek a~ Hartshern Marifta . The negotiated fee is F.- \\/7 H-/,7 /,S $4,500 for the season. It is a one-year contract, due Fi n· D,·p t. to the concern for the cross-lake ferry possibly going 23 1/724-(,792 into this location. F.-\:\/72 4-/,985 l ncom l' T:n The Leisure Services Board will address the contract and 23 11724-/, 770 make a recommendation at their meeting on Monday . The F.-\:\/724-(, 7@ fee does represent an increase from the past contract In fo. S~·stl' llb where the Princess paid 1.5 times the current 40' slip 2.l l /724-6744 F.1 :\/722-430 I rate . This increases that fee by about $600. l.l·bu n• S l·rvict· I would ask that you approve the contract and authorize 23 I /7 24-6 704 F,\ :\/724- 1 I % the Mayor and Clerk to sign the agreement on behalf of the City. :\ l:in agt·r's Offii.:c 23 1/724 -6724 F..\.\ /722- 12 14 Thank you for your consideration . i\ layor•~ O ffic r 2J 1/724-6711 I F.-\\/722- 12 14 ;\'l'igh. & Cons t. 231/724-67 1;; F.\ .\/72<,-2,0 I Pla 11 11i111,!/'.l,u11 i11g, 23 1/724-/, 7112 F. \.\l7H-6790 Polin• lh •pl. 2.11/724-67:ill FA.\/72 2-5 1411 Puhlic \ Vo rks 23 1/724- 41 00 F.\:\/722-4 188 T r c:tM1rc r 23 1/724-6 720 F,1\/724-6768 ll'a ll"r Bil ling Dep t. 23 1/724-6 7 IX F.-\.\/724-671,S \\ atu Fillr:11io11 23 1/72 4-4 111(, FA\17:iS-5290 City of Muskegon, 933 Ter race Street, P.O. Box 536, Mus kegon, Ml 49443-0536 PORT CITY CRUISE LINE INC. ACCESS AND USE AGREEMENT AGREEMENT made this J<, J. day of {)UJ!JllW, 2000, by and between the CITY OF MUSKEGON (City), 933 Terrace Street, Muskegon, Michigan, 49443, and PORT CITY CRUISE LINE INC., (PCCL), 702 Fourth Street, North Muskegon, Michigan, 49445; WITNESSETH: WHEREAS, the City is the owner and operator of the Hartshorn Marina situate on the shores of Muskegon Lake within the corporate limits of the City of Muskegon at 920 W. Western Avenue, Muskegon, Michigan, as depicted in the attached sketch marked Exhibit A; and, WHEREAS, PCCL is the owner of a certain vessel bearing the name Pmi City Princess, and the license or registration #504234 (the vessel); and, WHEREAS, PCCL desires to obtain a docking facility for the vessel for the purpose of accepting and discharging passengers; and, WHEREAS, the City has docking space available at the Hartshorn Marina able to accommodate the acceptance and discharge of passengers; and, WHEREAS, the City is willing to grant PCCL access to and use of space at which to dock and to accept and discharge passengers; NOW, THEREFORE, IT IS AGREED: 1. Grant of Access. The City hereby grants PCCL access to its marina at the locations set forth in Exhibit A. The area set fotih may be used by PCCL to erect and maintain a docking facility and ramps to accept and discharge passengers. The area covered by water may be used by PCCL to dock the vessel. 2. Repairs and Maintenance. In addition to repairing and maintaining its facilities installed by it, PCCL agrees further to repair and maintain all City facilities and structures utilized by it in the berthing or storage area set fotih in Exhibit A; PCCL is liable for all damages or injury to the said City facilities and installation resulting from its access and use to the said area. It is the intention of the patties that all damages, maintenance and repairs in the area which is the subject of this agreement shall be the responsibility of PCCL, except that repairs to the dock and pilings from use previous to December 1, 2000 shall be performed by the City. 3. Grant of Use. The City hereby grants PCCL the right to construct at its own cost a docking facility and ramp at the location designated on attached Exhibit A: provided, however, the design and installation of said docking facility and ramp shall be subject to the satisfaction of the City. PCCL will pay all costs associated with the upkeep of said docking facility and ramps. G:\EDSIIFILES\0010011184\AG\983453. DDC 1 Any change or alteration of said facilities shall not be undertaken by PCCL without first obtaining the written approval of the City. That portion of the dry land herein granted for the use of PCCL shall be kept and maintained by PCCL in good condition and repair free and clear of debris and waste of any kind. No structure shall be erected upon said area by PCCL without the prior written approval of the City. 4. Term of Agreement. Subject to the termination provisions, this agreement shall commence the 10th day of February, 2001 and terminate the 10th day of February, 2002. The parties may mutually agree to renewals of this agreement, the terms and provisions thereof to be negotiated. 5. Payment for Access and Use. PCCL will make the following payments to the City: 5.1 By July 1st, 2001 the sum of$4,500.00. 5.2 A fee equal to one-half the monthly fee paid by the City for refuse disposal on the accessed premises for the months of June, July, August, and September, payable immediately upon receipt of a bill from the City. 5.3 A monthly pump-out fee of $40.00 for the months of June, July, August, and September, payable immediately upon receipt of a bill from the City. 5.4 A late fee of I% will be charged on all amounts payable at the beginning of each 30-day period after the date due. 6. Insurance and Indemnity. PCCL shall, at its cost, procure and maintain during the term of this agreement comprehensive general public liability insurance in the amount of $1,000,000 per occurrence, naming the City as an additional insured, and maintaining policies which provide that the City shall receive at least thirty (30) days notice of cancellation. A declaration sheet or certificate shall be supplied to the City forthwith. During the term of this agreement PCCL will indemnify and hold harmless the City, its agents, employees, and volunteers from and against any and all liabilities, losses, damages, claims, demands or judgments of any nature whatsoever arising from any injury to or the death of any person or damage to property in any manner growing out of or in connection with the use, non-use, condition or occupation of the vessel and/or access and use area herein granted. 7. Termination. This agreement may be terminated by the City or PCCL upon furnishing the non-terminating party written notice of termination not less than thirty (30) days prior to the effective date of termination. In the event of termination by PCCL, the City may, at its sole option, require PCCL to remove any improvements installed by PCCL in the access and use area and to restore the surface thereof to useable condition satisfactory to the City. In the G :\EDSI\FILES\00100\1184\AG\983453.DOC 2 event of PCCL's default to do so, the City may after written notice to PCCL perform such removal and restoration and PCCL shall pay the City the entire cost thereof. The City may terminate this agreement immediately upon PCCL's default as set forth in this agreement. 8. Default by PCCL. PCCL shall observe and perform all of the covenants and conditions contained herein and if default shall be made by PCCL in the payment of monies due the City or if PCCL shall fail to perform any other of said covenants or conditions, or if the user area shall be deserted or vacated by PCCL, City may, without notice, at its option, declare this agreement terminated and may reenter the user area and remove PCCL's improvements and property from the same at the City's sole election using all necessary force to do so; and PCCL waives all service of any demand or notice described by any statute whatsoever. PCCL agrees that if the interest of PCCL created herein shall be taken in execution or in any other process of law, or if PCCL shall be declared bankrupt or insolvent, according to law, or if any receiver be appointed for the business and properties of PCCL, or if any assignment shall be made of PCCL's property for the benefit of creditors, then, in such event, this agreement may be canceled at the option of the City. In the event the City shall obtain possession by reentry, snmmary proceedings or otherwise, PCCL agrees to pay the City for all expenses incurred, including reasonable attorney fees, in obtaining possession of said premises, and also all expenses and other losses or damages incurred by the City including those disbursed in removing the PCCL's improvements from the user area, and in restoring the surface thereof to a paved useable condition satisfactory to the City. 9. Default by the City. In the event of any claimed default in or breach of this agreement by the City. PCCL's sole and exclusive remedy against the City is termination of this agreement in the manner provided in paragraph 7. Any other claims against the City for damages or specific performance are hereby expressly waived. 10. Assignment. PCCL may not assign this access and use agreement or subcontract its interest hereunder in any manner without first receiving the prior written consent of the City. In the event such consent is granted, no assignment or subcontract shall release PCCL from any liability under this agreement unless the City so releases it in writing. 11. City Cooperation. The City agrees to assist PCCL in obtaining any necessary permits to enable PCCL to obtain its docking facilities and its right to load and discharge passengers at such facilities. 12. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. G:\EDSI\FILES\0010011184\AG\983453.DOC 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. WITNESSES: CITY OF MUSKEGON dmtia /alivi By _ , d ~ ' l . . . ~ Fred J. Niel€J/, Mayor caw~ ~~'-\<~\X:JA· and ~ ~ Gail Kundinger,CityCler ~ G:IEDS I\FILES\00100\1184\AG\983453.O0C ,' ')( lo( y. '! "'··-~ - ~ --,I.~ "" -:,I, ✓ ...... ....,. " '··' .... . .. "I. •r.,.,,,, ·:. . ~ •· --··· ffi ,. s ~ . < ..•'. < -- ~ ~ ; Q ...,, ~ .. . ! ,•, '· ti} . .. .• ."--: < ........ , ,: r.tl '··" • ·;, i-l .. •, . ·.,.,.. _ - ":..:...... .. :,.,,, ... ' '·ii.. ··~·.,~ .. dN'Vll H~NOV1 ---· Date: January 16, 2001 To: Honorable ~~ ;'Jd City Commissioners from: Ric Scott /z{'~ RE: 2001 fertilizer Bids SUMMARY OF REQUEST: To award a contract to Lesco to supply fertilizer for application on both parks and cemeteries for 2001 FINANCIAL IMPACT: $30,651 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Aflirmatin• .-\ct io11 2Jl /7H-67 0J F,\.\/722-12 1< , \ S~l'.SSO r • 23 1172 -6708 F.\.\/726-5 1XI Cl' IIH'll'ry 2.l 1/724-<, 7XJ FA.\/726-56 17 Ch·il Scr \' in~ • 23 1172 -67 16 F.-\.\/7H-<,1115 West Michigan's Shoreline City Cieri, 2.11 /72•-<· 7115 F,\.\/72 •-• I 7X Date: January 16, 2001 St•r\'in ·~ 2J l /72H, 7 17 To: Honorable M;Yp 1:?_ City Commissioners F.\.\/726-25 01 From: Ric Scott /Yt/Zc~ tuginl'l"ri u ~ 2J 1172<-67117 Re: 2001 Fertilizer Bids F.-\.\/72 7-6'!11• On Tuesday, January 9 , 2001, four bids were received to Finann· 23 1/7H-<, 7 1J the eity's adver tisement for bids to supply fertilizer F..\.\/72• -<, 76X for parks and cemeteries for the 2001 season. There Fin· Dt·pl. will be three applications of various types of 1.1 1172.-67'!2 fertilizer. The bids were as follows: F.-\.\/72<-69X5 lncoml•T:n Lesco $30,651 2J l/7H-/,7711 FA.\ /72.-(,768 United Horticultural Supply $32,00.73 Info. Sys il'ms Tri-Turf $32,105 23 l/7 H -<,7•• F.\.\/722-HII I Turfgrass Inc. $35,280 Ld.S lll'l' ~l' f \'irl• 23 1172. -(,70• Staff recommends that the low bidder, Lesco, be awarded F,\.\ /72 • - I 196 the contract for $30,651. We will again spread the .\ l.1nagl•r 's Ollin• fertilizer ourselves. Last year we saved money and got 23 l/7H-<,72• a lot better results than when we hired a contractor. F.-\.\ /722- 121< i\l:i yo r •~ Offin Thank you for your consideration. 2J ll72<-6 711 I FA.\ /722- I 2 1• i'\'cigh. 1..~ Co11s1. 23 1/72•-<• 7 IS F -\ .\/72/,-2511 I Pla1111in~/Zo11i11g 23 1172<-670 2 F. \.\/72.-6790 Policl' Dl'pt. 231172<-67511 F.-\.\/722- S l <II Puhlic \Vorl<s 23 1/724- <IIIII F:\.\/722-• 188 · 1· rl";1s 11 r {'r 2J I /7H-6720 FA.\172 -67 GS • \\' :itrr Bill inJ!, Dept. 2.ll/72-1-6 7 18 F,\.\/72<-6768 \\ illl' r Filtr;ition 23 1/72•- • I 06 f .-\.\/755-52911 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskego n, Ml 49443-0536 ;:;,..oo l Date: January 23, 2600 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Resolution for Charitable Gaming License SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting a resolution recognizing them as a non-profit organization so they can hold a raffle. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None CAROLYN R. MARCUS 318 Houston Ave. Ste 205 RECE~\IED Muskegon, Michigan 49441 (231) 726-2188 JAN 11 200·1 January 10, 2001 City Clerks Office RE: Resolution for Charitable Gaming License To Whom It May Concern: Enclosed is one of the documents required by the Charitable Gaming Division in order for the Muskegon Yacht Club to have a raffle. Please put the resolution on your agenda for the January 23, 2001 meeting. I plan to attend the meeting in case there are questions regarding this . Thank you for your consideration. Sincerely, ~i iv /~ '--ttuu~ Carolyn R(Marcus 01/17/2001 11: 45 5157555915 MUSKEGON YACHT CLUB PAGE 02 Muskegon Yacht Club * ORGA")IZED FOR THE PROM0110N Of' ~4CHTiNG ANO BOATING ON MVSKEGO/J LAKE* 31$8 EDGEWATER STREET MEMBER OF: MUSKEGON, MICHIGAN 4944·1 I.AKE MICHIGAN SAIL RACING F~DERATION (231) 755•1414 WESTERN MICHIGAN YACHTING AS8N, FAX (231) 755-6915 Janu1UY 17, 2001 Attn: Linda CITY OF MUSKEGON 933 Terrace St. Muskegon, MI 49441 Dear Linda: As you requ,ested, this is a statement that Muskegon Yacht Club is identified as a Nonprofit Corporation·in the State of Michigan and under section 501 (c) 7 of the United States Internal Revenue Code. Attached is a copy of our 2000 Nonµrofit Corporation Information Update filed with the State of Michigan Department of Consumer & Industry Services. Sincerely, ~ ·, ~ .' U'l.--:.t..... USANPETE Business Manager cc: Carolyn Marcus 01/17/2001 11:45 5157555915 MUSKEGON YACHT CLUB PAGE 03 as 2:ono (R~. 8/00i oePARTMENT OF CONSUMER & INDUSTRY SERVICES CORPORATION AND LAND DEVELOPMENT BUREAU 1111111111111111111 llllllllll lllll lllll 111111111111111111 2000 NONPROFIT CORPORATION INFORMATION UPDATE ro eenlfy therq 11 re rio el"!,nge,$ fr9m your ~revlo.uis flli.nij c.heck tJill$ box 1!11'1.d prooeE1d la Item G, If thfil l'Hldent agent aridlot D · t UC!d office h.a,a ch•nead eoll\plete Items. 1-0 If only otfii;;or And director infotmllthm h.:1s &han9e>d QQmplet" ltvmt 4.Q rfj!gl& . . FOR 8VREAU USE ONLY lde,ntifil;"ti<in Numbvr Corj'.loratl~:m· name Tille MUSKEGON YACHT CLUB 863055 Resident agant name and mailing addrass of the regi:,tered offictt y DAVID MCCORMICK. 3198 EDGEWATER STR. MUSKEGON Ml 49441 1 .~, ??' ' '6 (\ 0 ,,.-, _..,. t? .C () '? v\,, ' (JI,/ 7 1h& address of the regi•ttlr~d Qfficia 3198 EDGEWATER STR. MUSKEGON Ml 49441 1. Malling addr~, of raglater•d offl~• in Michigan (m.a)! be• P.O. Box) .2: fiesid~nt Agtint -:;-:r. Ll c, C/ •j I F~IC W'j N s IYI A- 3 l'l 'i; €D (,E'."IJJ 1-\T,,1<. , f\\L'S/lC(,t>w, in', 3-, Th\! «dd,1111• of the r•gl"Hcritd offli;:e iri.Miohigao (a P.O. 1;!:oi; may not be designat•d H the addN:H ~f thia ra9iste.recl office) 3 l'i \l C:Dt, 8',.! ,i,, ecr.;; s·r. MV S/(r" .. (,u ,..._,, {'I\ \ , <-/ ~~'-1'--l I ' 4. Otterib• ,he purpose and aet:tYities of the· coreoratlon during 1he year covered by this report 7"7:- ff"r)fn.°"t(.. -i-~v{ ·_;.•\{y~!~rn1.en.t ::-f (lt;i)l- ((-11';,•\,'\~l'L,.',,_1 ti,..J1~.f-i!-,-~r;-.f'f' f',\(~( ,-.-f.s:-\\ . . . U~b ·fi:,.c; 11 -kf s c~.,...-1.. t 1'.rc\1.\,\• l."'i:: ; ·.,;.:·\ :'.. 14-c.. 5 il't,,t( J"ll',,.°r J ·i~ L ( !i . ~- Proaldont (R/i,qv111,;!} ti.AM! -~ BUSINESS OR RESIDENCE ADDRESS ~ t Ii::_ L\..' qr\ s "~,,;,~ '.JI.I ~ ':i A·r· ~, \'\L"t 't' I ~f, c, -c.,i-~·,,-...1. t'<.c, f1 , ~'( $, 111,, -f ,, S< ~' So-c«ttlll)' {RequlreO} fp--~"\ S. ,,.., ;-'+"•\ ,,l, \I ..{., l-t,, {A•, f• .. ;), . f,...,' l,c \ j (,r,\,,ft' (..::'1,,t,ud r 1 ,-n I I ,;,_JCj[i_\l.J ·rr,;in,u~r (R.aqu!rGd) .'.J" n. A,-.:t , ·-i -< , .'J:.)C i. 1-Lc,,i, A-.,.~(_ f::,c .. f,, 1,, ~~ '--- t I , rn1 cj '1 4 (. I vice l"fB!l!<leot .v. "\,1o1 U \r,'~h t.-'i 3 •'1 'S\\t, tp"" ~.....:, •.'c'' ,:-~, /~\hsk,...,i:; t.·,..,: ~~ IHI 't c, '-I 'i I Olrtcl'Or jR9QU!f11(1) t"" ,. I Oire.ctc-r r)~ l~ .-;c ,< \,; \j6~~ Ach·-;J)_,-. '-:,,,J'I < i ..., -~ Lo.• \,., , /'\fl \ 1+·,; '-I Si I, . :;\..,,(\.• ~.. o(.: \(''"\', J l<'·1,·,1 ,., ,,. 11\,,sk ~· .. 0 ,.., 1'>11 '-I .., -,-,. ·; ,. _ 0)fiji,t.Qf (','-.. cl S·f,/'C\ 1-, "\ll ' .;i" ·;.::.. (<_+[ ../Y, ,'Y\ VIS l-e ,,., "' i)'\\, •·H LjLI I 6. The flllng fee is 510.00. Please mcike your_ c.heck or money order PGYablo to the Stato of Mi~h.igi:m. Thi:i n:port mutt be filed on or before October 1, 2000. Return this signed' rllpon·wlth fee to: Mlchlgan Depanmemof Consumer & Industry Services Corporaijon and Land Dev(llopment Bur~au P.O. Box 30481 LansinQ, Ml 4.9909~7981 (017) ,4Hl400 S~~ of auihoridld officer o~en~ , 1 "-,LA, .-1 )(r, T,, _. · 1 If;,1,·,;.-w TIUa ):$ l'lt A(' , I C/ Poto C .~ L1 . (liJ j Phcme (Optjcnat) -"31-7'$S -1 LJ 1t./ ~~rriote :space Is needed adi;1Qlr,,aJ paget may l!ieJnclu'C1.ect Oo not atao!e 3fl).1 ttM'lS to te(lort.'i"riis report.is required by .Sect,l(lf1 91·1, Act 162. Pub/lo Acts of 1982, 11s: 1utiond110. f'sMure ta flle t,hhl r@pQrt moiy re~ult lo lhe a1sao11.1uontrevotatloli ol the ccrporeitlon. 01/18/2001 10:57 5157555915 MUSKEGON YACHT CLUB PAGE 02 1/16/01 9:41:34 p,2 Thi, is to Certify Th~t THE MUSKEGON YACHT CLUB wa, -.121idly worpor11t1d' on JUIJJ 3, 1936, 12s a Michigan nrmprofit corporation, and taid corporatio~ is validly in .txl1tin.ce unde,- t.he taws o/ this Sta.te. Tht• cBrHftcat, i• issued to, atteiit to the fact th4t the corporatio" i• in gaod standing in IMS affi•• au ~I fMs ,date and Is duly authariud to transact busiMS/1 or conduct affair• in Michigan and ..for 110 other purpose. It i• in th• usual form, mad• by me at the proper officer, and ls entitled to have full faith and credit gi11•n It In e11ery court and offioe within the United States, In testimony whereof, I ha'Je hore,mto set my hand and affixed the Seal of the D•part01enl, in the City o/ Lan•ing, this 18th d<ty of January, 200l, Sent by. Facsimile Tfan$mis<ion 17 J 0541383 ~:f.t!tf.::::·~ ;100 ) - 7(/) ~ CHARITABLE GAMING DIVISION 101 E. HILLSDALE, BOX 30023 t.:,NSING, MICHIGAN 48909 _ ~ (517)335-5780 LOTTERY www.state.mi.us/milottery LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES (Required by MCL.432.103(9)) At a ___R__e_.g__ u_l__ ar_ _ _ _ _ _ _ _ _ _ meeting of the ___ C_it_y_C_o_mm_ i s_s_i_o_n______ REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD called to order by ____M i e.;;..l_s;..;e....n_ _ _ _ _ _ _ _ _ on _J__a;;...n...;u_a_r..._y_23_.._,_2_0_0_1_ _ __a""'yc.;o....r-'-'N_ DATE at__5_:_3_0_ _ _ ailffi./p.m. the following resolution was offered: TIME Moved by Commiss i oner As 1akson and supported by Comm i ssioner Shepherd thattherequestfrom Muskegon Yacht Club Of Muskegon NAME OF ORGANIZATION -----"--,,..,,..,.----- CITY county of ___M_u_s_k_e...g_o_n_ _ _ _ _ _ _ _ _ _, asking that they be recognized as a COUNTY NAME nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for __A...,p..._p_r_o_v_a_l_______ APPROVAIAllSAPPROVAL APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: 0 Nays: Absent: 0 Absent: I hereby certify that the foregoing is a true and complete copy of a resolution offered and adoptedbythe City Commiss i on TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD ata Regul ar _ _ _......_....__..R_E_GU_LAR_O_R_SP_E_C_ IAL _ _ _ __ meeting held on January 23 , 2001 SIGNED: ~ Q-~~~ ~ti°'"'""""" Gail A. Kundi nger, City Clerk PRINTED NAME AND TITLE 983 Terrace, PO Box 536, Muskegon, MI 49443 - 0536 ADDRESS e 1 1gan ottery Wt not 1sct1m1na e agarns any in 1v1 ua or group ecause o COMPLETION: Required. race_. sex. r_eliQiO_n, age. .~•lio~I ~rigi~•. color, matilal status, qualified disability or PENALTY: PoHibte denial of application. poJ1hcal behef m its ad1v1hes or m its hmng or employment practices. BSL-CG-1153(R8/00) Date: January 23, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, January 8, 2001; and the Regular Commission Meeting that was held on Tuesday, January 9, 2001. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 23, 2001 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter- race Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 23, 2001. Mayor Nielsen opened the meeting with a prayer after which members of the City Com- mission and the members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioner Lawrence Spa- taro, John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, and Clara Shepherd. 2001-7 CONSENT AGENDA: c. Request to Dissolve a Planned Unit Development for 1050 West Western Avenue (Waterfront Centre}. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to dissolve the Planned Unit Development (PUD) previ- ously granted for a mixed-use development at 1050 W. Western Ave. (Waterfront Centre) FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request. The vote was unanimous. d. Alley Vacation in Jeannot Court. Block 2. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for denial of vacation of the existing east/west alley only in Jeannot Court, Block 2, bounded by Laketon Ave., Nevada St., Windsor Ave. and Franklin St. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the proposed alley, as de- scribed above, with the condition that all City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended denial of the request for vacation of the proposed alley. The vote was: Yes (Denial): Abraham, Mazade, Nielsen, Smith, Sartorius, Coleman, Kleaveland No: Aslakson Absent: Veltkamp e. 2001 WaterTreatmentChemical Bids. WATER FILTRATION PLANT SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders to sup- ply aluminum sulfate, sodium hypochlorite, and fluoride for the Water Filtration Plant. FINANCIAL IMPACT: Annual cost of $70,975.00 (based on average annual water pumped to mains). BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted annually. STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and the contract renewals and enter into contracts with General Chemical, Alexander Chemical, and Lucier Chemical for aluminum sulfate, sodium hypo- chlorite, and fluoride respectively. f. DNR Agreement for Engineering Study. LEISURE SERVICES SUMMARY OF REQUEST: Authorize the Mayor and Clerk to sign the agreement with the DNR to help fund the Engineering study for Hartshorn Marina. FINANCIAL IMPACT: They will fund 50% of the $22,500 project. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve g. Port City Princess. LEISURE SERVICES SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the agreement with the Port City Princess. FINANCIAL IMPACT: The basic payment is $4,500. Which is higher than the 1.5 times the 40' slip rate in past contracts. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve h. Fertilizer Bids. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract to Lesco to supply fertilizer for application on both parks and cemeteries for 2001. FINANCIAL IMPACT: $30,651 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve i. Resolution for Charitable Gaming License (Muskegon Yacht Club). CITY CLERK SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting a resolution recognizing them as a non-profit organization so they can hold a raffle. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None Motion by Commissioner Aslakson, second by Commissioner Shepherd to approve the consent agenda with the exception of item a and b. ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd Nays: None ADOPTED 2001-8 ITEMS REMOVED FROM THE CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, January 8, 2001; and the Regular Commission Meeting that was held on Tuesday, January 9, 2001. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. Motion by Vice-Mayor Sieradzki, second by Commissioner Aslakson to approve the min- utes with the correction in the spelling of Pat Montney's name and add the group she repre- sents. ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None ADOPTED b. Community Relation Committee 2001 Appointments. COMMUNITY RELATIONS COMMITTEE SUMMARY OF REQUEST: To approve the recommendations from the Community Relation Committee. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Spataro, second by Commissioner Aslakson to accept the ap- pointments as submitted. ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro Nays: Benedict ADOPTED 2001-9 PUBLIC HEARINGS: a. Special Assessment District Barclay Street. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of Barclay Street, Sherman to Hackley, and to create the special assessment district and ap- point 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 Com- missioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 5:49 p.m. to hear and consider any comments from the public. Mohammed AI-Shatel explained the item. Comments in opposition were heard from Fred Sweringen, Moose Lodge 2330 Barclay; and David Bialik, 2330 Vincent. Frank Sohasky, 2281 Barclay had questions; and Greg Scott, who works at 2300 Barclay was in favor. Motion by Commissioner Aslakson, second by Commissioner Schweifler to close the Pub- lic Hearing at 6:07 p.m., approve the special assessment and appoint Commissioner Schwei- fler and Benedict to the Board of Assessors. ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None ADOPTED b. Special Assessment District Sherman Blvd. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of Sherman, Glenside to Lincoln, 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 Com- missioners to the Board of Assessors by adopting the resolution. The Public Hearing opened at 6:09 p.m. to hear and consider any comments from the public. Mohammed AI-Shatel explained the item. Comments in opposition were heard from the following: David Lopez, 2056 W. Sherman; Gerald Heethuis, 1936 W. Sherman; Wanda Heethuis, 1936 W. Sherman; Robert Benninger, 2382 Sherman; Dorothy Anderson, 2190 W. Sherman; Kathryn Taulbee, 207 4 W. Sherman; Mrs. William Zwart, 1924 W. Sherman, Donald Butterfield, 2150 W. Sherman; Donna Miller, 2146 W. Sherman; and Michael Valk, 1892 Sherman. Motion by Commissioner Spataro, second by Commissioner Aslakson to close the Public Hearing at 6:56 p.m. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict Nays: None ADOPTED Motion by Commissioner Spataro, second by Commissioner Aslakson to approve the special assessment district. ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen Nays: Benedict ADOPTED Motion by Commissioner Aslakson, second by Commissioner Spataro to appoint Commis- sioner Schweifler and Benedict to the Board of Assessors. ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler Nays: None ADOPTED CITY MANAGER'S REPORT: City Manager commented on the memo reference the property at 1823 Commerce. This will be discussed further at the end of the meeting. 2001-10 UNFINISHED BUSINESS: a. Request for Resolution for Gaming License (Muskegon Connection Golf Club. CITY CLERK SUMMARY OF REQUEST: Muskegon Connection Golf Club would like a resolution recog- nizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve the re- quest. ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd Nays: None Absent: Benedict (stepped out) ADOPTED 2001-11 NEW BUSINESS: a. Charter Parks. LEISURE SERVICES SUMMARY OF REQUEST: To proceed with creating various Charter Parks by adopting the resolution creating 19 Charter Parks. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the creation of 19 Charter Parks. Motion and second amended by Commissioner Spataro and Commissioner Shepherd to approve the list with the exception of the Indian Cemetery. ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None Absent: Benedict (stepped out) ADOPTED Motion by Commissioner Shepherd, second by Commissioner Spataro to refer the Indian Cemetery to staff. ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro Nays: None ADOPTED b. Parking Lease - West Michigan Dock & Market Corp. CITY MANAGER SUMMARY OF REQUEST: To approve a lease with West Michigan Dock & Market Corpora- tion for parking facilities of the L.C. Walker Arena. FINANCIAL IMPACT: Ten percent (10%) of gross parking revenues will be paid to West Michigan Dock & Market Corporation. BUDGET ACTION REQUIRED: A budget adjustment may be required at a later time, de- pending on the revenues and expenses of the L.C. Walker Arena. STAFF RECOMMENDATION: To approve the lease. Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the lease with West Michigan Dock & Market Corporation for parking facilities for the LC. Walker Arena. ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None ADOPTED c. Arena Contract. LEISURE SERVICES SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign a two-year contract with Arena Management Group for the management of Walker Arena. FINANCIAL IMPACT: $667,000 for the first year BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Shepherd, second by Commissioner Aslakson to approve the contract. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson Nays: Benedict Absent: Sieradzki (stepped out) ADOPTED d. Arena Maintenance. LEISURE SERVICES SUMMARY OF REQUEST: To increase the maintenance fee that is added to every ticket by $.50 to$ l. FINANCIAL IMPACT: Approximately $70,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve Motion by Commissioner Shepherd, second by Commissioner Schweifler to approve the increase. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen Nays: None Absent: Sieradzki (stepped out) ADOPTED e. Community Center RFP. LEISURE SERVICES SUMMARY OF REQUEST: To award a contract to Ann Arbor Architects Collaborative to conduct a feasibility study for a Community Center. FINANCIAL IMPACT: Not to exceed $27,500. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: The Community Center Committee unanimously rec- ommended Ann Arbor Architects Collaborative. Motion by Commissioner Benedict, second by Commissioner Shepherd to award the contract to Ann Arbor Architects Collaborative. ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen Nays: None Absent: Schweifler (stepped out) ADOPTED f. 2001 Police Cruiser Purchase. PUBLIC WORKS SUMMARY OF REQUEST: Purchase of 6 Ford Crown Victoria Patr9I Cars from Shaheen Ford, State purchasing contract, at $20,942.00 each for a total of $125,652.00. BUDGET ACTION REQUIRED: None, $129,000 is budgeted for this purchase. STAFF RECOMMENDATION: Purchase of 6 Crown Vies from Shaheen Ford for a total of $125,652 to replace existing units. 1999 price per unit -- $20, 173 2000 State Purchasing Contract/per unit -- $20,515 2001 -- $20,942 Motion by Vice-Mayor Sieradzki, second by Commissioner Spataro to approve the pur- chase of six Ford Crown Victoria Patrol Cars. ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd Nays: None ADOPTED g. Plow Truck Chassis. PUBLIC WORKS SUMMARY OF REQUEST: Approval of bid by Woodland International Trucks, Inc. for one new plow truck chassis, for $45,982.25, price held over for last three years. FINANCIAL IMPACT: Bid of $45,982.25 BUDGET ACTION REQUIRED: None, $70,000 is budgeted for this purchase, (including dump bodies and scrapers). STAFF RECOMMENDATION: Recommend approval of purchase of one plow truck chassis from Woodland International Trucks Muskegon, Inc. for $45,982.25. Motion by Vice-Mayor Sieradzki, second by Commissioner Shepherd to approve the pur- chase of one plow truck chassis from Woodland International Trucks. ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki Nays: Benedict ADOPTED h. Fair Housing Impediment Study. COMMUNITY AND NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: That the City Commission approve the City of Muskegon's $9,000.00 share to have a regional Fair Housing Impediment study conducted by the Grand Rapids Fair Housing Center. The other community partners involved are the City of Norton Shores, City of Muskegon Heights, County of Muskegon, and the West Michigan Lakeshore Association of Realtors. The City of Muskegon is currently four (4) years behind in conducting this required every two- (2) year study for the U.S. Department of Housing and Urban De- partment. FINANCIAL IMPACT: Funding will be allocated from either the 2000 or 2001 CNS (CDBG) administration budget. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the City's $9,000 contribution to the study and to direct the City Manager to approve and sign the contract for the study Motion by Vice-Mayor Sieradzki, second by Commissioner Spataro to approve the re- quest. ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro Nays: None ADOPTED i. Housing Commission Appointments. CITY MANAGER SUMMARY OF REQUEST: To approve the appointment of Richard Rienstra (5-Year Term) and Reverend Gregory Kirksey (4-Year Term) to the Muskegon Housing Commission. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. Motion by Commissioner Aslakson, second by Commissioner Schweifler to approve the appointments. ROLL VOTE: Ayes: Benedict, Nielsen, Schweifier, Shepherd, Sieradzki, Spataro, Asiakson Nays: None ADOPTED ANY OTHER BUSINESS: Mayor Nielsen mentioned letter from County Commission requesting to meet with the City Commission. City Manager continued discussion reference the property at 1823 Commerce. Motion by Commissioner Aslakson, second by Commissioner Spataro to authorize City Manager and City Attorney to take steps to oppose the location of the center at this site. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict Nays: None ADOPTED Vice Mayor Sieradzki announced that Commissioner Spataro was recently presented the Outstanding Young Man of 2000 Award by the JC's. Commissioner Spataro asked about the fee changes for the youth basketball leagues. PUBLIC PARTICIPATION: James Heglund, representing Harbour Towne Marina Condominium Association, spoke reference dredging, ramp use by public, and sand erosion from beach . Motion by Commissioner Spataro, second by Vice-Mayor Sieradzki to refer this matter to staff for more information. ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen Nays: None ADOPTED Comments were heard from various members of the public. ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 8:47 p.m. Respectfully submitted, . Gail A. Kundinger, CMC/AAE City Clerk Date: January 16, 2001 To: Honorable Mayor & City Commission From: Affirmative Action Dept. Re: Community Relation Committee 2001 Appointments Summary of Request: To approve the recommendations from the Community Relation Committee Financial Impact: None Budget Action: None Staff Recommendation: Staff recommends approval Community Relation Committee 2001 Appointments Board of Review Reappoint William Brookshire, Randy Mackie and Georgia Strube Cemetery Committee Appoint Donald Larabee Citizen Police Review Board Reappoint Juno Holcomb, William Muhammad, Irene Navarro, Jon Osborn, and Gordon Rinard Civil Service Commission Reappoint Ray Murdaugh CDBG-Citizen District Council Reappoint Addie Randall and Carolyn Marion. Appoint Sheliah Shah DDA-Brownfield Reappoint Kevin Cierpial and Eugene Fethke Election Commission Reappoint Elwyn Drent Electrical Board of Appeals Appoint Richard McClain Equal Opportunity Committee Appoint John MacDonald, Paul Oakes, and Shiela Cotton Historic District Commission Appoint Linda Brooks-Howell Housing/Building Code Board of Appeals Reappoint Jerry Bever and Greg Borgman. Remove William Anderson and appoint Nick Kroes Image Committee Reappoint Willie German Jr., Martha Colburn, and Norma De Young. Appoint Dardinella Hippchen Income Tax Board of Review Appoint James Davies Land Reutilization Committee Reappoint Mike Amhrein and Appoint Jodi McClain Leisure Service Board Reappoint Billie Bruce and Johnsie Dease, Appoint Bryan Chapman Local Development Finance Authority Reappoint John Derbin and Appoint Cynthia Larson and Dean Witte Local Officers Compensation Committee Appoint Robert Mitchell Mechanical Board of Examiners Reappoint James Ring and Charles Tallman Plumbing Board of Appeals Reappoint Martin Hornak Tax Increment Finance Authority Reappoint Eugene Fethke Zoning Board of Appeals Reappoint Craig Kufta, and Appoint Bill Larson Date: January 23, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: BARCLAY STREET, SHERMAN TO HACKLEY SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Barclay street Sherman to Hackley, 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. 2001-9 (a) Resolution At First Hearing Creating Special Assessment District For Barclay Street 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley Avenue Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on January 23, 2001 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held January 23, 2001, there were 32. 10% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Benedict and Schweifler - -- - - - - - - -- and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 24.23% 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. Be_n_e_d_i_c_t~,_N_,_·e~l~s~e_n~,·_S_c_h_w_e_i_f_le_r_,~S_h_e~p_he_r_d~•~S_i _er_a_d_z_k_i~,~Sp~a_t_a_r_o~'-- Ayes_ _ As l ak son No_n_e_ _ _ _ _ _ _ _ _ __ _ __ __ __ __ _ _ _ _ _ __ Nays_ _ CITY OF MUSKEGON By~ o_L~, Gail A. Kundinger, Cler1 ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on January 23, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ~3(u~ r EXHIBIT A Barclay Street, Sherman Avenue to Hackley Avenue SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Barclay Street 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley Avenue. PROPOSED SPECIAL ASSESSMENT DISTRICT J, - I- VI 5 >- - <19 1 ~ 0 -- r:r:: < ID -- - -- .... C> ?' -- = -- ' ' •t-' I' 1111 :' '~ ' '' -k''' ' '' '' '' '' '' -t- '' '' - ' '' '' '' '' = -~~~-~-~~--~-..::::::1::~==· '~' =~-=:-=- c&IJI, 1116/01 16 flarclayspc.doc AFFIDAVIT OF MAILING BY CITY CLERK STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A HEARING HELD ON THE 23 RD DAY OF JANUARY, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF MUSKEGON, ON JANUARY 13, 2001. DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL o_z=~ UNITED STATES MAIL RECEPTACLE ON THE 12 TH DAY OF JANUARY, 2001. GAIL A. KUNDINGER, CIT CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS clft/f DAYOF ~ ,2001. rv"'~ 1if -- . MfRYP BLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES -~1_-~;? ~ J_- _0_._ 2.___ _ ENGINEERING FEASIBILITY STUDY •. BARCLAY, SHERMAN TO HACKLEY The new construction of Barclay, Sherman to Barclay, see attached location map, was initiated by the City. The proposed reconstruction of this section of Barclay is necessary due to the l conditions of the existing pavement, which has deteriorated to a point where reconstruction is necessary. 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 $600,000 with the length of the project being approximately 2,477 lineal feet or 4,00.3 of assessable front footage. This translates into an estimated improvement cost of$149.98 per assessable foot. The assessment figure will be at a cost not to exceed $36.35 per front foot. MUSKEGON COUNTY 173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442 (231) 724-6386 M C H G A N FAX (231) 724-1129 EQUALIZATION DEPARTMENT BOARD OF COMMISSIONERS Kenneth J. Hulka, Chair Bill Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye Jacob 0. Funkhouser James J. Kobza Louis McMurray January 17, 2001 Clarence Start • • Mohammed Al-Shatel, City Engmeer City of Muskegon 933 Terrace Street Muskegon, MI 49443 ' Mr.' Al-Shatel: In accordance with your request, I have examined the proposed special assessment district entailing the reconstruction of Barclay Street between Sherman Avenue and Hackley Avenue. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is January 17, 2001. In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. As previously presented, the proposed special assessment district encompasses a mixture of properties, but the front foot rate of$36.35 appears reasonable in light of analysis that indicates a possible enhancement of$37.37. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, b::.~MAE1 Senior Appraiser TDD (231) 722-4103 • An EEO I ADA I AA Employer recycled paper ' Benefit Analysis for the Barclay Street Reconstruction Project 'I :- . - TRUE CASH VAJ_UE ($)* - .. ,·' . .,:':' . ,,..,,' : ·. ,-·> •. ,,,·.- ' . . ~ TableB Front Foot Benefit Calculations BENEFIT% B1:1111:fllJ•)* .!:'RO.NT f'OOTAGI"§~ i::~§;£.tRd,rJ~> ;: ~}-~·f·t;:. \j;£;,'.(~{)(\tt::F I 4.0% $183,220 37.37 I • Aggregate of all properties in the district. I However, the topography of parcel numbers 24-036-400-0014-00 and 24-036-400-0016-00 severely inhibits complete development of these properties. There is a significant amount of land area in the ravine parallel to Ruddiman Creek. Therefore, it is recommended that the I assessable frontage of these parcels be reduced by 50%. No other adverse or extraordinary conqitions were apparent. I SUMMARY AND CONCLUSIONS I Generally, a special assessment district will be upheld unless there is a substantial or unreasonable disparity between the assessment amount and the value of the land as improved. In Dixon Road Group vs City of Novi... 426 Mich 390; 395 NW2d 211 (1996) the court I invalidated a special assessment where the assessed value was 2.6 times greater than, "the general rule is well settled that the benefits which property will derive from a local improvement should be determined by the difference in the market value of the property I before and after the making of the improvement" ( Dixon, at 399). The appraiser in Dixon presented evidence showing the likely increase in land values, and concluded the assessment amount to be 2.6 times greater than the resulting increase ( Dixon, at 395-96). The court was I able to rely on competent evidence to determine the proportionality of the assessment to the increase, ultimately reaching a conclusion that it was substantially and unreasonably •I disproportionate . For example, adding a swimming pool to a property might cost money (both initially and during operation); however, the homeowner may receive more money upon resale of the property if it has a pool. This is the nature of investments and improvements to realty. In determining the validity of a special assessment the issue is whether or not there is a reasonable proportionality between the additional value added and the cost imposed. A I property owner is probably accurate in concluding that people will not relocate to the special assessment district solely because of this improvement. Regardless of motive, a prospective purchaser of realty will pay more for enhancements that add value to the land, and less for less I valuable land. The type of improvements on land values within the assessment district will determine which result will occur. I I 1/16/01 8 Barclayspc.doc I MUSKEGON ;\ffi, matiH' .-\dion 231/72-1-6703 F.\.\/722-121-1 .\.,_,,,_,~or 2Jl/72-l-<,70S F.\.\/726-51/il 0 l'IIH'h:r~ ( 2J I /72-1-(, 'IIJ January 12, 2001 F.\\.'726-% 17 Ci, ii Sl'n in· 2Jli72-l-<,716 F.\.\/72-1-4405 West ~Uchlgan's Shoreline City 2J ! /7 2-1-(, 705 F.\\/72-1--117,'i ('0111111. ,I.:: 'l'il!h. 2J1·"'2-l-h~17 I-' \\:72(,-25111 Parcel Number - - - - - - - -: at --~----- En\!illl'l"rin,g 2Jll72-l-(,707 NOTICE OF HEARING ON SPECIAL ASSESSMENT F. \.\/7 2 7-<,')11-I Finann· 2JJ,".'2-t-l,'IJ Dear Property Owner: F \\;72-1-67(,S Vin· lh'Jl!. The Muskegon City Commission is considering whether or not to create a special 2J I .'72-1-67')2 assessment district which would assess your property for the following paving project: F.\\/72-l-6'JS5 lncollll' Ta.\ 2311724-(,770 Barclay Street, Sherman Avenue to Hackley Avenue. F.-\:\/72-1-6768 Info. sy~tl'ms The proposed special assessment district will be located as follows: 2Ji/72-H7-I-I F. \\./72 2--13!1 I All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue l.l'bun· Sl'n·in· 231/72-1-670-1 to the south ROW line of Hackley Avenue. F.-\\/72-1-11% \l,111,1J!l'r•~ Officl' It is proposed that a portion of the above improvement will be paid by special 231172-1-672-1 assessment against properties in the aforementioned district. Following are conditions F \\.1722-121-1 of the proposed special assessment which are important to you. \ la~ or's Office 2J1172-l-67HI F \\/722-L!I-I Public Hearings An initial public hearing to consider the creation of a special assessment district will be 2Jl 1 72-l-h715 I· \_\('2h-25UJ held at the City of Muskegon City Commission Chambers on January 23, 2001 at 5:30 l'!nnnin\!1 Zoninl! P.M. You are encouraged to appear at this hearing, either in person, by agent or in 23 l .'7 2-1-(, 7112 writing to express your opinion, approval, or objection concerning the proposed special F.\\172-1-/,'i<JU assessment. We are enclosing a Hearing Response Card for you to indicate your l'ulin· lh•111. agreement or opposition to the special assessment. This card includes the property 2JL72H,7511 1:.\\1722-:'il-lll identification and description, assessable footage per City policy, and the estimated cost l'uhlir \\orh, of the assessment. You may also appear, as above, in lieu of, or in addition to mailing 231172-1--IIUU your response card to the City Clerk. Written objections or appearances must be made F\\1722--llilil at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED 1·n•a.,11n•r OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT 231/72-1-(,720 F.-\.\/72-1-(, 7(,,'i THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL ASSESSMENT. \\ all'r Billing Dl'pt. 2Jl/72-1-(,71S F.-\\./72-1-(, 7!,S \\ ,itt•r Filtration 231/72-1--1106 F.\\/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49H3-0536 A second public hearing will be held to confirm the special assessment roll after the project is under way. 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. ) '2,,41 7,, 1:,l J1 ( 45 , l/lo.~ Estimated Costs · The to~ ted cost oft~~ street portion of the project is $600,000 of which approximately 29A-6·% ($17~4-t:'65) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and . to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 AM. to 5:00 P.M. Monday through Friday except holidays. Sincerely, Mohammed AI-Shatel, P.E. City Engineer Special Assessment 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. SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. 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: Parcel Number MAP Number: Assessable Frontage: Estimated Front Foot Cost: ESTIMATED TOTAL COST Property Description • VINCE-ANN SUB-DIVISION # 1 LOT 29 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner 1AM IN FAVOR • _ _ _ _ _ _ _ _ _ _ _ _ _ Owner Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __ 1AM OPPOSED • Address Address AARDEMA W,\~IDA Thank you for taking your time to vote on this important issue. CITY OF MUSKEGON BARCLAY STREET H-1321 REQUEST FOR WAIVER OF SPECIAL ASSESSMENT Note: You may l'££f!i!.?J~.liJ1pplicatioiJ,sfif~flil ti,f,ft '-::;'.Jfy~·u havi_Jlr'JJ!lk1.ii1Jlli!,!P1i_ifif1.ij_~i!_r[< Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, 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 the sidewalk assessment for you to the extent that funds are 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 2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2000 •. ·. ' __ ,·,•,"'J\_~.-, . -.'"'.-- .. . JI 65% MEDIAN HOUSEHOLD INCOME cu · ,, •·• •·, ,;,O:,n,,-,._~P,,,,..,. • -,,•a.·.~-- ·.r· ,, ,"'• .•- :·<:,,,, • - FAMILY SIZE INCOME LIMIT I $22,800 2 26,040 3 29,340 4 32,580 5 35,160 6 37,800 7 40,380 8 43,020 For each extra, add 3,240 ✓ 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 I: 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 witl 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 insufficie documentation. Sidewalk repairs must be completed by the City ofMuskegon. Costs incurred from repairs done by a private contractor or' doing them yourself. will not be reimbursed 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: Barclay Street. Sherman Avenue to Hackley Avenue & Sherman Blvd .• Lincoln Street to Glenside Blvd. The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting the North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd. & • All properties abutting Barclay Street 90' north of the north R-O-W line of Sherman Blvd. to the south R-O-W line of Hackley Avenue. 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 23, 2001 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 13, 2001 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 H-1321 Barclay Street, Sherman Avenue to Hackley Avenue. 24-036-400-0004-00 HEALTH CARE & RET CORP ASSESSABLE FEET: 450 24-30-36-400-001 333 N SUMMIT ST POB 10086 COST PER FOOT: $36.35 @ 1061 W HACKLEY A TOLEDO OH 43699-0086 ESTIMATED P.O. COST: $16,357.50 24-036-400-0005-00 PIONEER ARBOUR INC ASSESSABLE FEET: 250 24-30-36-400-033 1145 E WESLEY COST PER FOOT: $36.35 @ 2300 BARCLAYS MUSKEGON Ml 49442-0000 ESTIMATED P.O. COST: $9,087.50 24-036-400-0006-00 LOYAL ORDER/MOOSE 491 ASSESSABLE FEET: 602.85 24-30-36-400-002 2330 BARCLAY STREET COST PER FOOT: $36.35 @ 2330 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $21 ,913.60 ASSESSABLE FEET: 951/--Z.: t.i7ii 24-036-400-0014-00 KLING THADDEUS JR 24-30-36-400-031 710 BRIDGEVIEW BAY DR COST PER FOOT: $36.35 @ O BARCLAYS MUSKEGON Ml 49441-0000 ESTIMATED P.O. COST: $24,5~ aI7, ii~- ~ ) 24-036-400-0015-00 MASON WALTER JR TRUST ASSESSABLE FEET: 171 24-30-36-400-012 3380 GLADE ST COST PER FOOT: $36.35 @ 2585 BARCLAY S MUSKEGON HEI Ml 49444 ESTIMATED P.O. COST: $6,215.85 ?31w-~ 24-036-400-0016-00 BARCLAY CO LLC ASSESSABLE FEET: 673.8iz' 24-30-36-400-004 20641 COUNTRY CREEK DR COST PER FOOT: $36.35 @ 0 BARCLAY S ESTERO FL 33928 ESTIMATED P.O. COST: $2S.--49--2 :'o3 O f ;_1 ?)Ii;. 31 24-036-400-0017-00 LANGLOIS DUANE M ASSESSABLE FEET: 464.5 24-30-36-400-013 760 BROOKRIDGE DR COST PER FOOT: $36.35 @ 2544 BARCLAYS MUSKEGON Ml 49441 -5483 ESTIMATED P.O. COST: $16,884.58 01/16/2001 Page 1 of 3 H-1321 Barclay Street, Sherman Avenue to Hackley Avenue. 24-036-400-0018-00 LANGLOIS DUANE M ASSESSABLE FEET: 162.5 24-30-36-400-032 760 BROOKRIDGE DR COST PER FOOT: $36.35 @ OW SHERMAN B MUSKEGON Ml 49441-5483 ESTIMATED P.O. COST: $5,906.88 24-830-000-0023-00 VELA ORLANDO/JONES SCOTT ASSESSABLE FEET: 66.77 24-30-36-401-028 4280 AIRLINE RD COST PER FOOT: $36.35 @ 1101WHACKLEYA MUSKEGON Ml 49444 ESTIMATED P.O. COST: $2,427.09 24-831-000-0024-00 KENT THOMAS C ASSESSABLE FEET: 72.83 24-30-36-402-007 2264 VINCENT RD COST PER FOOT: $36.35 @ 2261 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,647.37 24-831-000-0026-00 ALLARD K A/HOPMA B K ASSESSABLE FEET: 95 24-30-36-402-008 2274 VINCENT RD COST PER FOOT: $36.35 @ 2274 VINCENT DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,453.25 24-831-000-0027-10 SOHASKY FRANK J ASSESSABLE FEET: 95 24-30-36-402-018 2281 BARCLAY COST PER FOOT: $36.35 @ 2281 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,453.25 24-831-000-0028-10 MACDONALD JOHN F ASSESSABLE FEET: 95 24-30-36-402-019 2297 BARCLAY COST PER FOOT: $36.35 @ 2297 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,453.25 24-831-000-0029-00 AARDEMA WANDA ASSESSABLE FEET: 100 24-30-36-402-011 2314 VINCENT RD COST PER FOOT: $36.35 @ 2314 VINCENT DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,635.00 01/16/2001 Page 2 of 3 H-1321 Barclay Street, Sherman Avenue to Hackley Avenue. 24-831-000-0030-00 BIALIK DAVID/SUSAN ASSESSABLE FEET: 122.65 24-30-36-402-012 2330 VINCENT RD COST PER FOOT: $36.35 @ 2330 VINCENT DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: $4,458.33 24-831-000-0031-00 SIMPSON PATRICK L/SHARON E ASSESSABLE FEET: 122 24-30-36-402-013 2344 VINCENT COST PER FOOT: $36.35 @ 2344 VINCENT DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: $4 ,434.70 24-831-000-0032-00 KMIECIK WANDA K ASSESSABLE FEET: 113.5 24-30-36-402-014 2356 VINCENT RD COST PER FOOT: $36.35 @ 2356 VINCENT DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: $4,125.73 24-831-000-0033-00 FRITZEMEIER MIRIAM/WILLIAM ASSESSABLE FEET: 102.15 24-30-36-402-016 2375 BARCLAY COST PER FOOT: $36.35 @ 2375 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,713.15 24-831-000-0035-00 MEYER PATRICIA A ASSESSABLE FEET: 102.15 24-30-36-402-017 2391 BARCLAY COST PER FOOT: $36.35 @ 2391 BARCLAYS MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,713.15 SUM OF ASSESSABLE FOOTAGE: 4812.70 SUM OF ESTIMATED P.O. COST: !g_17)k-941135 TOTAL NUMBER OF ASSESSABLE PARCELS 19 01/16/2001 Page 3 of 3 SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. 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: 2274 VINCENT DR Parcel Number 24-831-000-0026-00 MAP Number: 24-30-36-402-008 Assessable Frontage: 95 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $3,453.25 Property Description VINCE-ANN SUB-DIVISION# 1 LOT 26 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED ... '· .\U •iRD K ,:,.'HCP\\,J. c;: < 2 SPEC~LASSESSMENT H:l;_ARtNG RESPOl~SE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels ab_utting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south RO\IV line of Hackley Avenue. 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 . .A.ssessment Information Property Address: 2391 . BARCLAY ST Parcel Number 24-831-000--0035-00 MAP Number: 24-30-313-402-017 Assessable Frontage: 102.15 Feet Estimated Front Foot Cost: $36.35 per Foot =STIMATED TOTAL COST $3,713.15 Property Description VINCE-ANN SUB-DIVISION# 1 LOT 35 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner· I AM IN FAVOR Signature • Address SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. iNSTRUCfiONS 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: 2261 BARCLAY ST Parcel Number 24-831-000-0024-00 MAP Number: 24-30-36-402-007 Assessable Frontage: 72.83 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $2,647.37 Property Description VINCE-ANN SUB-DIVISION # 1 LOT 24 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner I AM IN FAVOR • Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature Owner 1AM OPPOSED ----,-,_..,.._:.s,,;;.a:·,_.. . _ _,c...: ____.,~... ...._--._-.,-._, :v'"'·.,.,.S;:,.._--_-_ _ Address - - - - - - - - - - - - - Address 2...Z..t.-/--'· ,.: ·, ,~<. .~ '"' ,::OR 7 Thank you for taking your time to vote on this important issut,. SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. · !N,STRUCT!QNS 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. l•.ssessment Information ... Property Address: . 2344 VINCENT DR.. Parcel Number 24-831-000-0031-00 iviAP Number: 24-30-36-402-013 Assessable Frontage: 122 Feet Estimated Front Foot Cost: . $36.35 per Foot ESTIMATED TOTAL COST $4,434.70 Property Description VINCE-ANN SUB-DIVISION# 1 LOT 31 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner • 1AM IN FAVOR ------------ Owner Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature I AM OPPOSED Address Address 17 Thank you for taking your time to vote on this important issue. If you wish to have your written vote inci,.i!1E•d 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 r;1ai!, simply fold on the dotted lines so the address on the reverse side is showing. Be suri3 to seal the fmm with asmall piece of tape or staple prior to mailing. Assessment lnfom1}nion . ... ,.,- ,.·· , .,!,'!-·c,,-,.,., Property Addres8: 2330 BARCLAY ST Parcel Number 24-036-400-0006-00 MAP Number: 24-30-36-400-002 Assessable Frontii,;Je,: . 602.85 Feet ?'-.' Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOT1:\L. COST $21,913.60 Property Descriptiqn COMM@ CENTER OF SEC 36 THN R1?'N TH N 89 ,DEG 52 MINE ALGE & W 1/4 LINE 685.36 FT FOR POB TH SO DEG 08 MINE - 235,j;5-Fi'-TH CONTTNUfNl·rtni-LTE:f3- iO MIN W 1100.6 Fi TO S LINE OF NW 1/4 OF SE 1/4 THE ON S LINE OF so SEC TOW SIDE OF ST/;!N :aT J.H N ALG W SIDE OF STEIN ST TO CENTER OF HACKLEY AVE TH W ALG CENTER OF HACKLEY AVE TO POB EXC N 73J.fi'iJ'~i{EQF Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM IN FAVOR 1AM OPPOSED [g] Owner _____ _______ _ ... .... Owner /)/47/!,fi', itt'IJ&f,._ #Lj<j'/ ---y ~(;d,e_· ,--,,.,./4:Ct:.4.1,J;V]?f/\.__,,,- Signature - - - - - - · - - · · - · - - - - - " - Signature Address Address 12 Thank you for taking your time to vote on this important issue. I. - _, ' SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please " ,, - ... ,· --_ . :-::; '\ - Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. 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: 2314 VINCENT DR Parcel Number 24-831-000-0029-00 MAP Number: 24-30-36-402-011 Assessable Frontage: 100 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $3,635.00 Property Description VINCE-ANN SUB-DIVISION # 1 LOT 29 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. 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. 1'.\ssessment Information Property Address: 2281 BARCLAY ST. Parcel Number 24-831-000-0027-10 MAP Number: 24-30-36-402-018 Assessable Frontage: 95 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $3,453.25 Property Description VINCE ANN SUBDIVISION #1 THAT PART OF LOT 27 DESC AS FOL: COM AT NE COR OF SD LOT FOR POB, TH S 85 DEG 29 MIN \f'-J ALG N UNE OF SD LOT 112 FT, TH S.00 DEG 07 MIN 30 SFC W95 84 FTTO S !.IME OF SO LOT. TH N 85 DEG 03 MINE ALG SO S LINE 112 FTTO SECOR OF SD LOT, TH N 00 DEG 10 MINE ALGE LINE OF SD LOT 95 FT TO POB Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED • 18 SPECIAL ASSESSMENT HEARING RESPC>NSE CARD ,,, . .-.' ... . To have youf\i~te count, pl~ase • Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. !NSTRUCTIOMS 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. 6_;;sessment Information Property Address: 2297 BARCLAY ST Parcel Number 24~83°1-000°0028~10 .·· MAP Number: 24-30-36-402-019 Assessable Frontage: 95 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOT AL COST $3,453.25 Property Description VINCE-ANN SUB-DIVISION# 1 LOT 28, EXCEPT THEW 120 FT Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. j2],· .'· Owner I AM IN FAVOR ! H. .\. f) -,--..it)· Signatu/;Z,;, .· v r. . ,, ..I · ,--, 1 K?/r~;:6::,-4&;1 Owner ;zj ..:;L ?:>{; ~1.~%!..- Signature 1,· •1' 1AM OPPOSED • Address ~l 11? / ,{11,f/i L-iJ.,fL f;; Address r•_,!;._,;•,:;,:_"lc\l.D J;)HN F 13 Thank you for taking your time to vote on this important issue. .·o·, l '.-.-,- 'i SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. !NSTRUCT!ONS 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: 2330 VINCENT DR Parcel Number 24-831-000-0030-00 MAP Number: 24-30-36-402-012 Assessable Frontage: 122.65 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $4,458.33 Property Description VINCE-ANN SUB-DIVISION # 1 LOT 30 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner • 1AM IN FAVOR ------------- Owner I AM OPPOSED , Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature l.,,,B.!:.:::M.:=::..:...:;:::..!:M~~•~~~:.....~ 1o.. \ ; \c.., ~G Address Address ;2.3.;;,C I) U'(\,(.u) 4 Thank you for taking your time to vote on this important issue. SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: January 23, 2001 Project Title: Barclay Street, Sherman Avenue to Hackley Avenue. Project Description: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. INSTRUCTIONS if yciu wish to have your written vote included as pare of the tabulation of votes forwarded to the City Commission for the scheduled public hearir:g, 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·· . P1pperty Address:•· 4401 'N HAGKL!=:YAVE Parcel Number 24-830-000-0023-00 M.f1P Number:, 24-30-36-401-023 Asses.sable Frontage: 66.77 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $2,427.09 Property Description VINCE ANN SUB DIVISION LOT 23 Your vote COUNTS! ,. Jl\lVll!')fAVOH ·. • Please vote either in favor or opposed to the Special Assessment Street Paving Project. . ! AfVI OPPOSED ~ . / Owner Signature ,_ _ _ _ Signature _._....,.•;.;.•.. -- -.--) ,'---~:':'.'. ·,~--•~;--·- . ,? ~-~··-. · ,""·,,....~-"•:;..·---.;;l..:.-,:... ,) ·.·.;;·•c.. ~:--✓ t-,' / : .'--;;;;;' ;...__ _ /""_S,_. Address -·-------=~=-~ Address • •i r' ' Thank you for taking your time to vote en this important issue. H-1312 BARCLAY STREET, SHERMAN TO HACKLEY PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION total of 19 parcels FOR OPPOSE FEET PERCENTAGE 13 24-30-36-402-019 95 1 24-30-36-402-011 100 18 24-30-36-402-018 95 2 24-30-36-402-008 95 2300 24-30-36-400-033 250 4 24-30-36-402-012 122.65 TOTAL ASSESSABLE FRONT FOOTAGE 4000.300 ""* 7 24-30-36-402-007 72.83 12 24-30-36-400-002 602.85 FRONT FEET OPPOSED 1284.25 32.10% 15 24-30-36-402-017 102.15 17 24-30-36-402-013 122 RESPONDING FRONT FEET IN FAVOR 440.000 11.00% 19 24-30-36-401-028 66.77 NOT RESPONDING - FRONT FEET IN FAVOR 2276.050 56.90% TOTAL FRONT FEET IN FAVOR 2716.050 67.90% TOTALS 440 1284.25 •-INCLUDES ONLY 50% OF PARCELS 24-30-36-400-031 & 24-30-36-400-004 PER THE ASSESSOR'S RECOMMENDATION TABULATED AS OF: 01124/01 10:21 AM
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