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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 2000
AGENDA
• CALL MEETING TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Campbell Field Architect. LEISURE SERVICES
c. Consumer's Energy Lease. LEISURE SERVICES
d. Sale of Non-Buildable Lot on Harrison in Lakeside. PLANNING &
ECONOMIC DEVELOPMENT
e. Traffic Department Materials and Services. PUBLIC WORKS
f. 2000 Budgeted Vehicle Purchase, Fire Command. PUBLIC WORKS
g. Sale of Non-Buildable Lot on Sumner in Jackson Hill. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of Buildable Lot on Wesley Street in Marquette. PLANNING &
ECONOMIC DEVELOPMENT
i. Concurrence with Housing Board of Appeals Finding and Order for the
following:
1) 1282 Arthur 2) 497 Catawba
• PUBLIC HEARINGS:
a. Spring Street, Wood to Apple. ENGINEERING
b. Wood Street, Apple to Jackson. ENGINEERING
c. Morton Avenue, Torrent to Bourdon. ENGINEERING
d. Amendment to the Special Assessment Roll, Getty Street, Allen to Wesley.
ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Naming of the New Basketball Courts. LEISURE SERVICES
b. Amended Purchase Agreement - Lakos Building. PLANNING &
ECONOMIC DEVELOPMENT
c. Sale of Non-Buildable Lot on Marquette in Jackson. PLANNING &
ECONOMIC DEVELOPMENT
d. Committee of the Whole Meetings. LEGISLATIVE/ POLICY COMMITTEE
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
✓ Reminder: Individuals who would like to address the City Commission shall do the following:
✓ Be recognized by the Ch air.
✓ 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, MUSKEGON, Ml 49440 OR BY CALLING {616) 724-6705 OR TDD: (616) 724-4172.
Date: February 8, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, January 25, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: Committee of the Whole will
review this item February 7, 2000.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 2000
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, February 8, 2000.
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; Commissioners John Aslakson,
Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Larry Spataro
Absent: None
2000-022 HONORS AND AWARDS:
a. Resolution - Tony Lisman, Fury Hockey Club, staff at L.C. Walker.
A resolution was presented to Tony Lisman of the Fury Hockey Club. Commissioner Spa-
taro read the resolution and presented it to Mr. Lisman.
2000-023 CONSENT AGENDA:
a. Approval of Minutes.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission meeting that
was held on Tuesday, January 25, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
b. Campbell Field Architect.
LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to MC Smith & Associates for the design and
construction administration for the Campbell Field Renovation project.
FINANCIAL IMPACT: $35,629
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
c. Consumer's Energy Lease.
LEISURE SERVICES
SUMMARY OF REQUEST: To approve a lease agreement to use a portion of the Cobb Plant
Property for the Lakeshore Trail.
FINANCIAL IMPACT: $862.48 annually
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
d. Sale of Non-Buildable Lot on Harrison in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the west 15 feet of the buildable lot desig-
nated as map #24-30-34-429-006 to Scott Cooley of 2456 Miner. The property would be sold
for $100. Mr. Cooley would like the land to add a one-stall garage to his existing home. 15
feet is the minimum amount of property needed to construct the garage and meet the set
back requirements per the city policy. This would leave 150 feet of frontage left, enough for
two buildable lots (75 feet of frontage each).
FINANCIAL IMPACT: The sale of the parcel will allow the property to be placed back on
the City's tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authoriza-
tion for both the Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
e. Traffic Department Materials and Services.
PUBLIC WORKS
SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission for the
joint purchase of various Traffic Department materials and services. We have bid out these
items with MCRC for the last eleven years. By bidding together with MCRC and other mu-
nicipalities we are able to get better unit prices because of larger quantity purchases.
FINANCIAL IMPACT: Sign materials to be jointly bid:
FEBRUARY 8, 2000 2
Sign blanks ...................................................................... $4,400.00 approx.
Sign posts ........................................................................ $4,500.00 approx.
Sign sheeting .................................................................. $6,600.00 approx.
Centerline painting ..................................................... $10,800.00 approx.
Total $26,300.00 ($26,340.00 in 1999)
BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate
Highway budgets.
STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon
County Road Commission for sign materials and services.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
f. 2000 Budgeted Vehicle Purchase, Fire Command.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Ford Expedition from Signature Ford for
$26,832.00. Per state purchasing contract.
FINANCIAL IMPACT: $25,832.00 (Public Improvement Fund)
BUDGET ACTION REQUIRED: None, $30,000.00 is budgeted for this purchase.
STAFF RECOMMENDATION: Committee of the Whole recommended approval.
g. Sale of Non-Buildable Lot on Sumner in Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the non buildable lots designated as map
#24-31-20-183-012 and map #24-31-20-183-013 to Mr. Terry & Mrs. Juel Ford. The total front-
age for the combined lots is 66 feet and will be sold for $100. The Fords would like the land to
add to their existing home, specifically to fence in the lots and prevent littering. The sale of
this lot is consistent with the Jackson Hill Marketing Strategy.
FINANCIAL IMPACT: The sale of the parcel will allow the property to be placed back on
the City's tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authoriza-
tion for both the Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
h. Sale of Buildable Lot on Wesley Street in Marquette.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the west½ of the vacant buildable lot de-
scribed as map #24-31-21-179-009 to Willie Wilson of 640 W. Forest Avenue. Total frontage for
the sale is 120 feet. Mr. Wilson intends to build a single-family three-bedroom ranch style
FEBRUARY 8, 2000 3
home with an attached 2-car garage and partial basement. The appraised value of the
parcel is $4,000 and Mr. Wilson submitted the only bid of $4,000.
FINANCIAL IMPACT: The sale of the parcel will relieve the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authoriza-
tion for both the Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
i. Concurrence with Housing Board of Appeals Finding and Order for the fol-
lowing:
1) 1282 Arthur 2) 497 Catawba
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structures are unsafe, substandard and public nui-
sances and that they be demolished within thirty (30) days. It is further requested that ad-
ministration be directed to obtain bids for the demolition of the structures and that the Mayor
and City Clerk be authorized and directed to execute contracts for demolition with the low-
est responsible bidders.
FINANCIAL IMPACT: (1292 Arthur) The cost of demolition will be paid with general funds.
FINANCIAL IMPACT: (497 Catawba) The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: (1282 Arthur) A dangerous building inspection was conducted
in January of 1999. This was one of the properties owned by Jonathon Brandel, forfeited to
Mortgage Corp. of America who then sold it to Joseph Ross. Mr. Ross applied for a building
permit on February 24, 1999. His permit was voided October 12, 1999 due to confusion of
information on the permit and lack of inspections. A phone call on October 12, 1999 from
Mr. Ross to Jerry McIntyre indicated that he did not wish to repair the house at this time.
The estimated cost of bringing the property into compliance with City codes is $18,000.
According to the Title Search taxes are owed for 1997 in the amount of $413.46, sidewalk
assessment due in the amount of $1,498.86 plus penalties and interest and a water bill is due
in the amount of $106.88 plus interest.
Attached are copies of the minutes of the December 2, 1999 meeting of the Housing
Board of Appeals, the findings of fact and order of the Board dated December 10, 1999.
STAFF RECOMMENDATION: (497 Catawba) A dangerous building inspection was con-
ducted on April 6, 1998 and a Notice and Order was sent out April 15, 1998 ordering repair or
demolishing of the structure within 30 days. An interior inspection was conducted July 15,
1998. On October 27, 1998 the case was brought to the City Commission for concurrence.
On October 27, 1998 the Muskegon City Commission voted to postpone for thirty (30) days
consideration of this department's request for concurrence in the determination of the
FEBRUARY 8, 2000 4
Housing Board of Appeals that the subject property be demolished. An agreement was
made by the owner to have all repairs done by January 31, 1999. A permit was issued Oc-
tober 30, 1998. To date little or no progress has been made. At the December 2, 1999
meeting of the Muskegon Housing Board of Appeals, the building was declared unsafe, sub-
standard, and a public nuisance. On December 8, 1999 a Finding of Facts and Order was
sent out requiring that the owner repair or remove such structure or it would be sent to the
City Commission for concurrence with the Housing Board of Appeals. To date no progress
has been made.
The estimated cost of bringing the property into compliance with City codes is $25,000.
At the time the title search was done taxes for 1996 and 1997 were owed as well a mis-
cellaneous invoices totaling $360.27.
Attached are the Findings of Fact and Order dated December 8, 1999, minutes of the
Housing Board of Appeals meeting on December 2, 1999, interior inspection dated July 15,
1998, schedule of repairs, letter sent to owner October 28, 1998 regarding the Muskegon City
Commission decision to postpone determination for 30 days and the request for concur-
rence dated October 20, 1998.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended concurrence
with Housing Board of Appeals Finds and Orders for 1282 Arthur. Committee of the Whole
recommended concurrence with Housing Board of Appeals Finds and Orders for 497
Catawba with no demolition until May 31, 2000, to allow the homeowner time to 1) com-
plete the repairs and bring the building up to code and 2) pay the taxes that are owed on
the property.
k. Amended Purchase Agreement - Lakos Building.
PLANNING & ECONOMIC DEVELOPMENT (b. new business)
SUMMARY OF REQUEST: The Holiday Inn - Muskegon Harbor has requested the City of
Muskegon to amend the original purchase agreement for the acquisition of the former Lakos
Restaurant Building located at 428 W. Western Avenue. The original purchase agreement
was approved by the City Commission on December 14, 1999. The requested changes are
summarized in the memorandum.
FINANCIAL IMPACT: Additional property and income taxes will be captured as a result of
this project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amended purchase agreement for the sale of
the former Lakos Building to Muskegon Hospitality, Inc.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
FEBRUARY 8, 2000 5
I. Sale of Non-Buildable Lot on Marquette in Jackson.
PLANNING & ECONOMIC DEVELOPMENT (c. new business)
SUMMARY OF REQUEST: To approve the sale of the east 57 feet of the vacant non-
buildable lot designated as map #24-3 l-20-181-009 to Linwood Lee, and the west 20 feet of
the same lot to the Jackson Hill Neighborhood Association. The subject parcel is adjacent to
a duplex that Mr. Lee currently owns. The parcel has 77 feet of frontage and 66 feet of
depth. The duplex has been vacant for at least a year. Mr. Lee plans to fix up the home
(painting and other minor cosmetic repairs) and sell it. A building permit for approximately
$15,000 of repairs was obtained by Mr. Lee on November 22. Staff recommends approval of
the sale contingent upon completion of the repairs. The deed will be held until the repairs
are complete and have been reviewed by the Inspection Services Department. The neigh-
borhood association wishes to use their portion of the lot to maintain the area where their
neighborhood sign is currently located.
FINANCIAL IMPACT: The sale of the parcel will allow the property to be placed back on
the City's tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale with the aforemen-
tioned contingencies, as well as, authorization for both the Mayor and the Clerk to sign the
resolution. The LRC endorsed this sale at their January 18 meeting.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval con-
tingent upon completion of the repairs.
m. Ordinance Amending Chapter 20, Section 20-6 of the UTC.
CITY ATTORNEY (e. new business)
SUMMARY OF REQUEST: An ordinance and notice of adoption restoring the correct penal-
ties to the OUIL, etc., ordinances.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
Motion by Commissioner Aslakson, second by Vice Mayor Sieradzki, to approve the Con-
sent Agenda with the exception of item j.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
FEBRUARY 8, 2000 6
2000-024 ITEMS REMOVED FROM CONSENT
j. Naming of the New Basketball Courts.
LEISURE SERVICES (a. - new business)
SUMMARY OF REQUEST: To name the new park with the basketball courts on Southern
Ave. "Clara Shepherd Park".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Leisure Services Board recommends approval.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
Motion by Vice Mayor Sieradzki, second by Commissioner Spataro to name the new park
with the basketball courts on Southern Ave. "Clara Shepherd Park".
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
2000-025 PUBLIC HEARINGS:
a. Spring Street, Wood to Delaware.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assess-
ment for Spring Street, Wood to Delaware, and to adopt the resolution confirming the spe-
cial assessment roll.
FINANCIAL IMPACT: A total of $96,040.91 will be spread against the fifty-four (54) parcels
abutting project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATIONS: To approve the special assessment roll and adopt the resolu-
tion.
COMMITTEE RECOMMENDATIONS: No action was taken on this item.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments from the
public. Mohammed AI-Shatel, City Engineer gave an overview of the item. Tellis Waller, 1321
Spring St. opposes the special assessment. Raymond Lawrence, 1297 Spring St. opposes the
special assessment.
Motion by Commissioner Benedict, second by Commissioner Aslakson to close the Public
Hearing at 5:51 p.m. and to approve the spreading of the special assessment for Spring Street
and to adopt the resolution confirming the special assessment roll.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
FEBRUARY 8, 2000 7
Mayor Nielsen appointed Vice Mayor Sieradzki and Commissioner Shepherd to serve on
the Board of Assessors.
b. Wood Street, Apple to Jackson.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
Wood Street, Apple to Jackson, 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 proj-
ect.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the creation of the special assessment and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments from the
public. Mohammed AI-Shatel, City Engineer, gave an overview of the item. Michael Lash-
ley, 762 Wood St. opposes the assessment. Philip Prior, 925 Wood St. opposes the assessment.
Motion by Commissioner Aslakson, second by Commissioner Benedict to close the Public
Hearing at 6:04 p.m. and to approve the special assessment of Wood St. and to create the
special assessment district and to appoint two City Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
Mayor Nielsen appointed Vice Mayor Sieradzki and Commissioner Shepherd to the Board
of Assessors.
c. Morton Avenue, Torrent to Bourdon. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
Morton, Torrent to Bourdon, 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 REQUESTED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City Commis-
sioners to the Board of Assessors by adopting the resolution.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing was opened at 6:05 p.m. to hear and consider any comments from
the public. Mohammed AI-Shatel, City Engineer, gave an overview. Amanda Shunta, 2187
Estes is in favor of the assessment. Vicki Bowman, 2209 Estes is in favor of the assessment.
FEBRUARY 8, 2000 8
Motion by Commissioner Benedict, second by Commissioner Shepherd to close the Public
Hearing at 6:07 p.m; and to approve the special assessment of Morton and to create the
special assessment district and appoint two City Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
Mayor Nielsen appointed Vice Mayor Sieradzki and Commissioner Shepherd to the Board
of Assessors.
d. Amendment to the Special Assessment Roll, Getty Street, Allen to Wesley.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing to amend the Special Assessment Roll for
Getty Street, Allen to Wesley Avenue and to adopt the resolution amending the roll to reflect
Jeffrey and Veronica C. Graves as the owners of 741 Getty instead of Frank E. Bruce Jr. as
appeared on the original roll.
FINANCIAL IMPACT: A total of $4,850.95 will be spread against that one (1) parcel abut-
ting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolu-
tion.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing was opened at 6:10 p.m. to hear and consider any comments from
the public. Jeff Graves, 741 Getty objects.
Motion by Commissioner Spataro, second by Commissioner Aslakson to close the Public
Hearing at 6:25 p.m. and to amend the Special Assessment Roll for Getty Street and to adopt
the resolution amending the roll.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
COMMUNICATIONS:
a. Michigan Liquor Control Commission - 248 Mason.
CITY CLERK
Gail Kundinger, City Clerk informed the Commission of the denial of a new SDM license
that was to be located at 248 Mason by the Liquor Control Commission.
FEBRUARY 8, 2000 9
2000-026 NEW BUSINESS:
a. Committee of the Whole Meetings.
LEGISLATIVE/ POLICY COMMITTEE
SUMMARY OF REQUEST: Legislative Policy Committee is requesting to eliminate the Com-
mittee of the Whole meetings on the Mondays preceding the second and fourth Tuesday
City Commission Meetings. A monthly work session will be held with city staff. The date of
that meeting needs to be determined. This will begin for a trial period starting in March. The
committee requested input from city staff. Department Heads will discuss this at their Febru-
ary 3, 2000 meeting. Also requested by the committee was that the City Clerk and City
Manager have the authority to put together a Consent Agenda for the Tuesday City Com-
mission meetings. This shall begin on the first meeting in the month of February.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval.
[Vote 6-1)
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to eliminate the
Committee of the Whole Meetings, and to meet as the City Commission Work Session on the
Monday preceding the second Tuesday of each month in the Commission Chambers, Room
107 and to schedule the time at 5:15 p.m.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Benedict to direct the City
Clerk and City Manager to put together a Consent Agenda for the Tuesday City Commission
meetings.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Spataro
Nays: Sieradzki
ADOPTED
b. One-Hour Ozone Monitoring Rules.
LEGISLATIVE/ POLICY COMMITTEE
SUMMARY OF REQUEST: To adopt a resolution opposing the implementation of U.S. Envi-
ronmental Protection Agency "One-Hour Ozone Monitoring Rules".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Legislative Policy Committee recommended approval.
COMMITTEE RECOMMENDATION: No action was taken on this item.
FEBRUARY 8, 2000 10
Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur with
the Legislative Policy Committee.
. ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Sieradzki, Spataro, Aslakson
Nays: None
Abstain: Shepherd
ADOPTED
ANY OTHER BUSINESS:
Commissioner Shepherd informed the public that there will be a Youth Local Government
meeting at MTEC on February 29 at 3:00 p.m.
Mayor Nielsen congratulated Ric Scott, Leisure Services Director for his accomplishments
in Racquetball.
PUBLIC PARTICIPATION:
Helen Abbey, 760 Catherine, had questions about the traffic light on Sherman. She also in-
formed the Commission that the doors on the North end of the building are locked.
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 6:52 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/ AAE
City Clerk
F EBRUARY 8, 2000 11
Date: January 27, 2000
To: Honorable MayoJ and City Commissioners
From: Ric S c o t t ~ ~
RE: Campbell Field Architect
SUMMARY OF REQUEST:
To award a contract to MC Smith & Associates for the
design and construction administration for the Campbell
Field Renovation project.
FINANCIAL IMPACT:
$35,629
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Campbell Field Renovation Committee Recommends
approval
Affirm:lfi\'e ,~ctiun
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Date: January 27, 2000
To: Honorable ~ ~ a n d City Commissioners
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On Tuesday, January 25, 2000, priced proposals were
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At their meeting on Wednesday, January 26, 2000, the
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City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Date: January 26, 2000
To: Honorable ~~~-d City Commissioners
from: Ric Scott //;11,Yt/
RE: Consumers Energy Lease
SUMMARY OF REQUEST:
To approve a lease agreement to use a portion of the
Cobb Plant Property for the Lakeshore Trail.
FINANCIAL IMPACT:
$862.48 annually
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmal in• Acl iun
2J I /714-670J ,
F,\X/722- 121-1
,..\.',.',l'S!\Or
2J 1/72-l-671lR
F ..\X/726-5 181
CcmcllT,
231/724-6783
F..\X /721,-56 17
Chil .Sl'rYit.:c
23 1/72-1-67 16
F..\X/724-41155 West Michigan's Shoreline City
Cle.-!,
23 I/724-6 705
F,\\/72 4-~ 178
Date: January 26, 2000
(_ umm. & ,\'ci~h.
Servic e.-.
231/724-67 17
To: Honorable Ma;~~~9 City Commissioners
F.\X/726-250 1
From: Ric Scott / ~ •~
E11J!inl'eri11g
23 I /724-6707 Re: Consumer's Energy Lease
F ..\X/727-6911-1
In order to construct the Lakeshore Trail Phase I I I from
Fi11a111.:c
23 1/7H-67IJ
the Muskegon River to Fisherman's Landing, we need to
F ..\X/72 4-6768 cross a section of the Cobb Plant property. This
Fire 0l'fll.
section is located immediately behind Richard's Park, on
23 1/724-6792 the opposite side of the railroad tracks.
F, \X/724 -6985
l11cu111c Ta,
Because of the possible future needs of the plant,
23 I /724-6770 Consumer's Energy does not want to sell the property.
FAX1724-6768
Consequently, we have reached an agreement through our
Info. Sy,ll'm.-. legal department on leasing the property . That
2J l/7H-67H
F..\X/722-4311 1 agreement is attached.
l.l'i,1irl' ~cr vu.:c This is a thirty-year lease with outs from both sides.
23 I/724-67114
F..\X/724- 11 96
The city will pay the annual property taxes on the
primary parcel, which currently is $862.48 annually.
i\ la11:i~c1·'!- Oflicc
23 1/724-6724
Fr\X/722- 12 14
I would ask that you approve the agreement and authorize
the Mayor and Clerk sign the lease.
1\layur\ Offu.:c
23 1/72 4-6701
F,\X/722- 12 1-1
Thank you for your consideration.
\ci~h. & C om,I.
23 1/72 4-67 15
F.\X/72f,-2511 1
Pl:11111i11i!/Zo11ing
2J 11724-/,70 2
F \.\/724-67911
Polict• Dc111.
23 1/724-/,7511
F.\X/722-5 140
1•11hlir \\ 'orl,~
23 1/724 -4100
FAX1722-41 RR
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23 1/724 -/,7211
F \ 'i/724-/,76H
\\':11,.,. IJilliug Dl'pl.
231/724-67 18
f.. \X/72-1-6768
\\'all'r Fill ration
23 11724-410/,
F.-\Xl755-52'Jll
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
,· ,
...- . ',..
\
. Consumers Energy 4>
A CMS Energy Company B. C. Cobb Plant Tel: 231 7216100
151 North Causeway Fax: 231 727 6251
Muskegon, Ml 49445
January 24, 2000
Mr. Rick Scott
City of Muskegon
933 Te1rnce Street
Muskegon, MI 49443
LEASE - B. C. COBB PLANT
Enclosed is our Lease with you dated ..
Please have both copies signed, retain one copy for your files and return one signed original to
me.
Thank you.
Anitra Lewis
B. C. Cobb Plant
151 N. Causeway
Muskegon,MI 49442
2000-23(c)
LE ASE
THIS LEASE is entered into as of the 8th day of February, 2000 1(9l99, between
CONSUMERS ENERGY COMPANY, a Michigan corporation, 212 West Michigan Avenue,
Jackson, Michigan 49201 ("Lessor"), and the CITY OF MUSKEGON, a Michigan municipal
corporation, 933 Terrace Street, Muskegon, Michigan 49443, ("Lessee"):
Lessor, in consideration of the covenants and agreements to be performed by Lessee,
as hereafter set forth, hereby LETS and LEASES to Lessee, on the terms and conditions set
forth below, certain land ("the Leased Premises") in the City of Muskegon, County of
Muskegon, and State of Michigan, described as:
A parcel of land in Section 17, Town 10 North, Range 16 West, described
as: Beginning at the intersection of the Southwesterly line of the M-120
Causeway and the Westerly line of the CSX Railroad strip and run
thence South 09° 36' 47" West, along said Westerly line, 971.05 feet;
thence South 54 ° 36' 47" West 191.23 feet; thence South 09° 28' 05" West
118.92 feet; thence North 78° 28' 13" West 16.01 feet; thence North 09°
28' 05" East 125.00 feet; thence North 54° 36' 47" East 191.25 feet;
thence North 09° 36' 47" East 699.22 feet; thence North 20° 23' 13" West
28.00 feet; thence North 09° 36' 47" East 50.00 feet; thence North 39° 36'
47" East 28.00 feet; thence North 09° 36' 47" East 178.54 feet; thence
South 43° 53' 00" E 19.90 feet to the point of beginning.
Lessee hereby hires the Leased Premises from Lessor and agrees to perform the
covenants and agreements hereinafter set forth.
1. This Lease shall continue in effect for a term of thirty (30) years from the date
hereof and from year to year thereafter until terminated by Lessor or Lessee. Lessee shall
have the right to extend this Lease for two (2) additional terms of five (5) years each. This
Lease shall automatically be extended unless Lessee notifies Lessor of its intention not to
renew at least sixty (60) days, but no more than one hundred twenty ( 120) days, prior to the
expiration of the then-current term. Notwithstanding the foregoing, Tenant shall have no right
to extend the term of this Lease if Tenant is then in default in performing any of Tenant's
obligations under the terms of this Lease.
2. Lessee may terminate this Lease at any time by giving Lessor at least thirty (30)
days written notice. Lessor may terminate this Lease if Lessor's needs of service so require,
by giving Lessee at least two (2) years written notice; provided, however, that if Lessor
terminates this Lease during the first ten (10) years of the term of this Lease, Lessor shall
reimburse Lessee a sum equal to one-tenth ( 1/10) of the unamortized cost of capital
improvements Lessee has made on the Leased Premises multiplied by the number of years
remaining in the first ten (10) years of the lease. Lessee shall promptly quit the premises;
Lessor, its certain attorneys, successors, and assigns, may put out Lessee and each and
every other occupant, and Lessee hereby waives any claim for damage as a result of such
removal. If Lessor terminates this Lease, Lessor will attempt to provide another mutually-
agreeable location on Lessor's land for Lessee's trail and will attempt to assist Lessee in
relocating Lessee's trail to such location.
1
3. Lessee shall use the Leased Premises for the sole purpose of constructing,
operating, and maintaining a portion of a public non-motorized trail to convey users of the trail
safely across Lessor's land. Lessee shall be solely responsible for the cost of constructing,
operating, and maintaining the trail and any related improvements made on the Leased
Premises in accordance with this Lease. Lessee shall not erect on the Leased Premises any
benches, viewing platforms, buildings, or signs other than those signs necessary for safe use
of the trail and shall not store any materials in, on, or under the Leased Premises. All work
Lessee does or has done on the Leased Premises shall be done in a workmanlike manner
satisfactory to Lessor and at Lessee's sole expense. At least thirty (30) days prior to
performing any excavation or construction work on the Leased Premises, Lessee shall submit
such plans to Lessor for Lessor's review and approval. The commencement of any such work
is conditioned upon Lessee giving Lessor at least five (5) days notice in advance of the
beginning of such work. Such plans and notice shall be directed to the Plant Manager, B.C.
Cobb Plant, 151 North Causeway, Muskegon, Michigan 49445-3301, (231) 727-6100.
Lessee's use of the Leased Premises shall comply with the following conditions:
A. Lessee shall be solely responsible for obtaining any necessary governmental
approvals or permits for its activities on the Leased Premises.
B. Lessee shall contact the Utility Communications System (Miss Dig), at (800)
482-7171, prior to performing any excavation on the Leased Premises, as
required by MCL 460. 701 et seq.
C. Any machinery that works underneath or adjacent to Lessor's electric or
communication lines shall not at any time be closer than twelve ( 1 2) feet to
Lessor's lines. Lessee shall do no work on the Leased Premises that shall in any
way affect or interrupt the continuity of service of Lessor as provided by Lessor's
utility facilities or telephone and communication lines on the Leased Premises or
the adjoining land.
D. If Lessor finds it necessary to change any of its structures now or hereafter on
said Leased Premises in order to facilitate any work to be done in connection with
Lessee's use of said Leased Premises, Lessee shall reimburse Lessor for its actual
cost and expense incurred thereby. Any such work shall be done at times to
least inconvenience Lessor. Lessee shall give Lessor at least five (5) days
advance notice for any temporary removal or relocation of any of its lines or
structures. Such notice shall be directed to the Plant Manager, B.C. Cobb Plant,
151 North Causeway, Muskegon, Michigan 49445-3301, (231) 727-6100.
E. Lessee shall at all times maintain the Leased Premises in a proper, clean, and safe
condition. Lessee shall, without expense to Lessor, cut and remove from the
Leased Premises all thistles and noxious weeds as the law (either now or
hereafter) requires to be cut.
4. Lessor expressly retains the right to use and possess the Leased Premises for its
purposes, including, without limitation, the construction, operation, inspection, maintenance,
repair, replacement, improvement, and removal of electric and gas transmission and
distribution lines and communication lines and all appurtenances used or usable in connection
therewith, and the construction, use, and maintenance of roadways for the purpose of
carrying on such activities.
2
5. Lessee shall, at Lessee's sole expense, erect fencing along both sides of the trail
across the Leased Premises, to discourage trail users from entering Lessor's land adjoining
the Leased Premises. The fencing shall be cyclone fencing, except that on the boardwalk
section of the trail, the fencing may consist of railings. Lessee shall, at Lessee's sole
expense, provide at least one (1) set of vehicle gates in the fence, of a width of at least
sixteen ( 16) feet, together with a properly-engineered asphalt road crossing for use by
Lessor's heavy trucks and equipment in accessing facilities on the Leased Premises and the
adjoining land. The gates and crossing shall be located as specified by Lessor. The gates
shall be locked with locks provided by Lessor.
6. Use of the Leased Premises pursuant to this Lease shall comply with all
applicable laws, ordinances, rules, and regulations of all federal, state, or local governmental
authorities that are now or hereafter in any manner affecting the Leased Premises. Without
limiting the generality of the foregoing, Lessee shall not dispose or suffer to be disposed of
any waste material whatsoever upon the Leased Premises, or store, use, or maintain, or suffer
to be stored, used, or maintained, upon the Leased Premises any material that is or may be
or become hazardous to human health or the environment, or the storage, treatment, or
disposal of which is regulated by any governmental authority. In the event use of the Leased
Premises pursuant to this Lease results in the presence on or under the Leased Premises
(which includes but is not limited to the groundwater underlying the Leased Premises) of
contaminants, hazardous waste, hazardous substances or constituents, or toxic substances,
as currently or hereafter defined in the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42 USCA 9601 et seq; the Resource Conservation
and Recovery Act (RCRA), 42 USCA 6901 et seq; the Toxic Substances Control Act (TSCA),
1 5 USCA 2601 et seq; the Michigan Natural Resources and Environmental Protection Act,
MCL 324.101 et seq; or any other similar existing or future statutes, Lessee shall, at no cost
to Lessor, promptly take: 1) all actions required by any federal, state, or local governmental
agency or political subdivision, and 2) all actions necessary to restore the Leased Premises
to the condition existing prior to the introduction of such contaminants, hazardous waste,
hazardous substances or constituents, or toxic substances, notwithstanding any lesser
standard of remediation allowable under applicable law or governmental policies. The actions
required by Lessee pursuant to this paragraph include, but are not be limited to: a) the
investigation of the environmental condition of the Leased Premises; b) the preparation of any
feasibility studies, reports, or remedial plans required by law or governmental policy, and c)
the performance of cleanup, remediation, containment, operation, maintenance, monitoring,
or restoration work, whether on or off the Leased Premises. Lessee shall proceed
continuously and diligently with such investigatory and remedial actions. Lessee shall
promptly provide to Lessor, free of charge, copies of all test results and reports generated in
connection with the above activities and copies of all reports submitted to any governmental
entity. No cleanup, remediation, restoration, or other work required to be performed pursuant
to this paragraph will require or result in the imposition of any limitation or restriction on the
use of the Leased Premises without Lessor's prior written approval and permission. The
provisions of this paragraph will survive the termination of this Lease. Additionally, Lessee
shall indemnify, defend, and hold Lessor, its officers, employees, agents, affiliates, and parent
corporation, harmless from and against any and all losses, liabilities, claims, damages,
payments, actions, recoveries, settlements, judgments, orders, costs, expenses, attorney
fees, penalties, fines, encumbrances, and liens arising out of: A) the presence on or beneath
the Leased Premises and the groundwater underlying the Leased Premises, of contaminants,
hazardous waste, hazardous substances or constituents, or toxic substances, as currently or
hereafter defined in CERCLA, RCRA, TSCA, NREPA, or any other similar existing or future
statutes, as a result of use of the Leased Premises pursuant to this Lease; B) Lessee's
3
violation or alleged violation of any federal, state, or local law related directly or indirectly to
the use of the Leased Premises pursuant to this Lease; or 3) Lessee's failure to comply with
the terms and conditions of this Lease; provided, that Lessee's indemnification obligation shall
not extend beyond the limitations placed on a governmental body or employee to indemnify
another pursuant to law, and such obligation shall not abrogate or diminish Lessee's defense
of governmental or sovereign immunity against any party, including Lessor. The provisions
of this paragraph shall survive the termination of this Lease.
7. During the term or any extended term of the Lease, Lessee shall reimburse Lessor
for any increased real or personal property taxes resulting from the improvements Lessee
makes on the Leased Premises, upon receipt from Lessor of a bill therefor.
8. Lessee shall reimburse Lessor for the amount of any real property taxes or
assessments levied against Tax Parcel #24-205-545-0002-00 (the Leased Premises and other
land).
9. Lessee shall not assign this Lease or sublet the Leased Premises or any part thereof
without Lessor's written consent. Any attempted assignment or subletting without Lessor's
written consent is void and not merely voidable.
10. Lessee accepts the Leased Premises in their present condition. Lessee
acknowledges that Lessor is leasing the Leased Premises to Lessee for the sole purpose of
allowing Lessee to make the Leased Premises available to the public for recreational purposes
and that Lessee is solely responsible for and in control of the design, construction, operation,
use, patrolling, inspection, and maintenance of the public non-motorized trail on the Leased
Premises pursuant to this Lease. Lessee shall, at all times during the term of this Lease,
assume all liability for and protect, indemnify, and save Lessor, its successors and assigns,
harmless from and against all actions, claims, demands, judgments, losses, expenses of suits
or actions, and attorney fees, for injury to or death of any person or persons and loss or
damage to the property of any person or persons whomsoever, including the parties hereto
and their agents, contractors, subcontractors, and employees, arising in connection with or
as a direct or indirect result of the use and occupancy of the Leased Premises pursuant to this
Lease. The provisions of this paragraph shall apply to each and every such injury, death, loss,
and damage, however caused, whether due, or claimed to be due, to the negligence of
Lessee, the negligence of Lessor, the negligence of Lessor and the negligence of Lessee, the
negligence of any other person, or otherwise; provided, however, Lessee shall not be required
to indemnify Lessor for such injury, death, loss, or damage caused by Lessor's sole
negligence, and further provided that Lessee's indemnification obligation pursuant to this
paragraph shall not extend beyond the limitations placed on a governmental body or employee
to indemnify another pursuant to law and shall not abrogate or diminish Lessee's defense of
governmental or sovereign immunity against any party, including Lessor. The provisions of
this paragraph shall survive any assignment, subletting, or termination of this Lease.
11. During the term of this Lease, Lessee shall, at its sole expense, maintain in full force
and effect a policy of Comprehensive General Liability Insurance with a minimum combined
bodily injury and property damage single limit of One Million Dollars ($1,000,000), which
insurance will either include a Cross Liability Endorsement or not preclude recovery by a
named insured as a result of the negligence of any other named insured under said policy.
Said policy shall be written by an insurance company authorized to do business in the State
of Michigan and shall name Consumers Energy Company as an additional insured. The policy
shall describe the insured premises in the same manner as in the Leased Premises are
4
described in this Lease and shall include the entire grounds and all equipment used thereon
pursuant to this Lease. The policy must also contain an endorsement that the insurance will
not be canceled, that no changes will be made in the policy that change, restrict, or reduce
the insurance provided, and that the name of the insured will not be changed, without first
giving Consumers Energy Company ten ( 10) days notice in writing, as evidenced by receipt
of registered letter. At Lessor's request, Lessee shall provide to Lessor evidence of such
coverage. Lessee may supply the insurance provided for in this paragraph in the form of its
Risk Authority coverage and, if requested by Lessor, a certificate from its Risk Authority.
12. This Lease is entered into and granted by Lessor subject to any lease, license,
easement or other interest in land heretofore granted by Lessor or its predecessors in title in
the Leased Premises and to any such interest reserved to other parties in instruments granted
to Lessor or its predecessors in title. Lessee agrees to secure all necessary consents and
permits from such lessees, licensees, and owners of such outstanding interest as may be
necessary prior to entering the Leased Premises.
13. If Lessee fails to observe or perform any of its obligations under this Lease or causes
health hazards or injury to the Leased Premises and fails to cure such default within thirty
(30) days after written notice from Lessor to do so, Lessor shall have the right to terminate
this Lease and shall be entitled to retake possession of the Leased Premises. Lessor may
make its election to terminate known to Lessee by delivering a notice of termination to
Lessee. Such notice shall be immediately effective, and Lessor shall be entitled to forthwith
commence an action in summary proceedings to recover possession of the Leased Premises.
Lessee waives all other notice in connection with such termination, including but not limited
to notice of intent to terminate, demand for possession or payment, and notice of re-entry.
14.Unless otherwise provided herein, any notice required or permitted to be given
hereunder shall be in writing and mailed, postage prepaid, by certified or registered U.S. Mail,
return receipt requested, to the address as set forth in the first paragraph of this lease, or
such other address as the party to whom such notice is to be given may specify from time
to time by notice to the other party. Notices shall be deemed to have been given when
mailed, as evidenced by receipt for said mailing .
15. Except as to Lessor's Trust Indenture dated September 1, 1945, as amended and
supplemented, with The Chase Manhattan Bank, as Trustee, and easements or other
restrictions of record, Lessor covenants that if Lessee performs its obligations under this
Lease, Lessee shall freely, peaceably, and quietly occupy and enjoy the full possession of the
Leased Premises during the term of this Lease.
16. Upon ex ecution of this Lease, Lessee may record a memorandum of this Lease at
the Muskegon County Register of Deeds.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed by their
duly authorized representatives as of the day and year first above written.
CITY OF MUSKEGO~
By: --=,..-;¥'6~ 1 / - - - ' ~ , 9 " " - - - , , , , c - - - - -
Judy M. Schultz
By: -.:P"iJ• ~
Its P < Ista te & Facilities Plannin Manager Its HA 'f o 8--,
Robert Mal ec , Plan t Manager
2000-23(c)
MEMORANDUM OF LEASE
This Memorandum of Lease is made between CONSUMERS ENERGY COMPANY, a
Michigan corporation, 212 West Michigan Avenue, Jackson, Michigan 49201, as Lessor, and
the CITY OF MUSKEGON, a Michigan municipal corporation, 933 Terrace Street, Muskegon,
Michigan 49443, as Lessee.
By instrument dated Eebrrnry B, 2COJ , 1~, Lessor has leased to Lessee, and
Lessee has hired from Lessor, certain land in the City of Muskegon, County of Muskegon,
State of Michigan ("the leased premises") described as follows:
A parcel of land in Section 17, Town 10 North, Range 16 West, described
as: Beginning at the intersection of the Southwesterly line of the M-120
Causeway and the Westerly line of the CSX Railroad strip and run
thence South 09° 36' 47" West, along said Westerly line, 971.05 feet; thence
South 54° 36' 47" West 191.23 feet; thence South 09° 28' 05" West
118.92 feet; thence North 78° 28' 13" West 16.01 feet; thence North 09° 28'
05" East 125.00 feet; thence North 54° 36' 47" East 191.25 feet; thence
North 09° 36' 47" East 699.22 feet; thence North 20° 23' 13" West
28.00 feet; thence North 09° 36' 47" East 50.00 feet; thence North 39° 36'
47" East 28.00 feet; thence North 09° 36' 47" East 17B.54 feet; thence
South 43° 53' 00" E 19.90 feet to the point of beginning.
The term of the Lease is for thirty (30) years, commencing Febru ar y 8, 2000 ,
'WXS!S!, and Lessee has the option to extend the term of the Lease for two (2) additional terms
of five (5) years each.
This Memorandum of Lease is given to provide record notice of Lessee's interest in the
leased premises.
WITNESSES: CONSUMERS ENERGY COMPANY
By~~dr
~l= .
Its Real L;tiltc & Fari/ities Piam1ii:ig Ji.4'.anager
1
Acknowledged before me in Jackson County, Michigan, this _ day of
1999, by _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
of CONSUMERS ENERGY COMPANY, a Michigan corporation, on behalf of the corporation.
Notary Public
County, Michigan
Acting in _ _ _ _ _ _ _ County
My Commission Expires: _ _ _ _ __
CITY OF MUSKEGON
Yl:.i . .
By: " - ~ ~....
~~
Its· /12~ o C
,.:z000 Acknowledged before me in Muskegon County, Michigan, this Jl.dday of 5:i>cuq~
1-900, by Ft'e d. J , .(!/ ;'e,/ .s t>n · , t'22qyo c
of the City of Muskegon, a Michigan municipal corporation, on
behalf of the municipal corporation.
////cl~... /7o T t-t'r Notary Public
-S .
/!Ju,5k1,;ua County, mi t/227 I V. q a
Acting in tfJu.s Kfrot1 County
My commission expires: 7-d s-,o ,;2..
Prepared by:
Deborah Ann Kile (P36689)
Consumers Energy Company
212 West Michigan Avenue
Jackson, Ml 49201
2
Commission Meeting Date: February 8, 2000
Date: January 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJf,,
RE: Sale of Non-Buildable Lot on Harrison in Lakeside
SUMMARY OF REQUEST:
To approve the sale of the west 15 feet of the buildable lot designated as map# 24-30-
34-429-006 to Scott Cooley of 2456 Miner. The property would be sold for $100. Mr
Cooley would like the land to add a one stall garage to his existing home. The 15 feet
is the minimum amount of property needed to construct the garage and meet the set
back requirements per the city policy. This would leave 150 feet of frontage left,
enough for two buildable lots (75 feet of frontage each).
FINANCIAL IMPACT:
The sale of the parcel will allow the property to be placed back on the City's tax rolls,
thus relieving the City of continued maintenace costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale , as well as, authorization for both the Mayor
and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
The LRC endorsed this sale at their January 18 meeting.
1/21/2000
Resolution No. 2000-23 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A LOT IN LAKESIDE FOR $100.
WHEREAS, Mr. Scott Cooley would like to purchase the west 15 feet of the buildable lot
adjacent to his home located at 2456 Miner for the addition of a one-stall garage and has
deposited $100 for map# 24-30-34-429-006 (located on Harrison between Lincoln and Clifford);
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance-costs;
WHEREAS, the garage addition would enhance Mr. Cooley's property and the sale of the lot is
compatible with existing City policies;
NOW THEREFORE BE IT RESOLVED, map# 24-30-34-429-006 be sold to the above-
mentioned.
(W 15 FT of N 205 FT of Lot 2 Blk 676)
Adopted this --1l.t.lJ. day of February, 2000
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
Absent None
By:~
CERTIFICATION
I hearby ce1iify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 8, 1999.
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AGENDA ITEM NO. _ __
CITY COMMISSION MEETING _ _ _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: February 8, 2000
SUBJECT: Traffic Department materials and services
SUMMARY OF REQUEST:
Contract with the Muskegon County Road Commission for the joint purchase of various Traffic
Department materials and services. We have bid out these items with MCRC for the last eleven ·
years. By bidding together with MCRC and other municipalities we are able to get better unit
prices because of larger quantity purchases.
FINANCIAL IMPACT:
Sign materials to be jointly bid:
Si!,'11 blanks ................................................ $ 4,400.00 approx.
Sign posts .................................................. $ 4,500.00 approx.
Sign sheeting .............................................. $ 6,600.00 approx.
Centerline painting ....................................... $10,800.00 approx.
Total $26,300.00 ($26,340.00 in 1999)
BUDGET ACTION REQUIRED:
None, this item is requested each year in the appropriate Highway budgets.
STAFF RECOMMENDATION:
Approve the continued joint purchasing with the Muskegon County Road Commission for sii,>11
materials and services.
Traffic Department materials am:! services
We again this year are requesting to jointly bid our sign materials and services with the Muskegon
County Road Commission as we have done for the past eleven years. MCRC is getting ready to go
out for bids on these items and thus we do not have any quotes for 2000.
Sign blanks
We use a wide variety of sign blank sizes to prepare the nearly 1,200 new and replacement
signs needed in the City of Muskegon annually. Below is a cost breakdown for the last four
years (the cost varies with the price of aluminum).
1996 1997 1998 1999
all sign blanks • $1.37/sq. ft. $1.48/sq. ft. $1.37/sq. ft. $1.29/sq. ft.
Following is a list of our needs for 2000:
Size Shape Quantity
24" x24" square 50
12" X 18" rectangle 300
24"x24" diamond 50
36" X 12" rectangle 25
36"x 18" rectangle 25
30" x3CT' square 50
30"x30" stop 200
36" x48" pennant 10
Sign posts:
We also need to install and replace nearly 600 sign posts each year. Below is a cost
breakdown for the last four years.
1996 1997 1998 1999
2#x 11' posts • $6.96/ea $6.29/ea $5.91/ea $5.60/ea
3# x 12' posts • $11.30/ea $10.30/ea $9.66/ea $9.22/ea
Following is a list of our needs for 2000:
11' x 2# painted sign posts = 400 12' x 3# painted sign posts = 200
Sheeting:
Our standard has always been 3M sheeting, they are the only bid usually received by MCRC,
who like us, uses 3M sheeting exclusively. 3M also has supplied us with a sheeting roller at
no cost and to maintain the warranty on their sheeting they also supply us with inks at no cost.
The cost of sheeting has risen only very slightly over the last few years, this year mast items
will rise from anywhere from 2% to 8%.
Sign Faces:
Because of toxicity and environmental concerns we no longer screen the majority of our signs.
Instead we have begun to purchase ready-made sign faces. In some cases this makes the
cost of some signs a little bit higher but it also frees up our Sign Fabricator to tackle other
important tasks.
Centerline painting:
Prior to 1997, we contracted with the Muskegon County Road Commission for this work. But
in 1997 they sold their equipment and we jointly bid out centerline painting with all other cities
and townships in the County. In 1997 M&M Pavement Marking, Inc. was awarded the bid and
it was extended for both 1998 and 1999 at the same unit prices. Our overall cost in 1999 was
higher because we painted over significant amounts of faded PPM.
Below is a cost breakdown for the last four years:
1996 1997 1998 1999
$9,629 (MCRC) $7,024 (M&M) $7,815 (M&M) $10,041 (M&M)
Date: 1/31/2000
To: Honorable Mayor and City Commission
from: Randy Smith, Equipment Supervisor IDPW
2000 Budgeted VehicDe Purchase, Fire Command
SUMMARY OF REQUEST: Approval to purchase one Ford Expedition from
Signature Ford for $26,832.00. Per State purchasing contract.
FINANCIAL IMPACT: $26,832.00 (Public improvement Fund)
BUDGET ACTION REQUIRED: None, $30,000.00 1s budgeted for this
purchase.
STAFF RECOMMENDATION: Approve the purchase of one Ford Expedition
from Signature Ford for $26,832,00, to replace existing unit
Expedition 4X4
Bidder Model Each Total
Macomb County
Signature Ford 1::xpedition $27,177.00 X 'I Units $27,111.00
Oakland County
Buff Whelan Chevy Suburban $31,027.62 $31,027.62
State Contract
Signature Ford Expedition $26,832.00 $26,832.00
Replacing
- .
-
30532--1994,
-- ..
. - -
62,000
---
-- ..
miies
.. - ---- -- - . -- . . ·- -·· ----
Bid# 3905-0034, 3905-0085
2000 Expedition 4-Door 4x4 & 4x2
Major Standard Equipment
4.6L SOHC Auto Trans O/D Wheels, Styled Steel 16"
Air Conditioning Power windows & Locks
Electronic AM/FM Stereo/clock/Cassette Wipers- Front speed sensitive/Intermittent
P255/70Rx! 6 BSW All-Season Tires Rear intermittent/Washer/Defroster
Fixed rear quarter Windows
Fleet Special Package Equipment:
Seats-Cloth Bucket Seats in Med. Graphite Second Row Vinyl Bench w/o Armrest
Vinyl Floor Covering Vinyl Visors w/o Aux. Visors
Deletes Floor Mats 642 Styled Steel Wheels
Painted Front and Rear Bumpers Deletes Remote Keyless entry & Illuminated Entry
Black Painted Mirrors Black. Painted
Title _,._ _ Door
__ Handles
_ _ _ _ _ _ __
Black Painted Door Moldings
Base Price 4x2 $23,397.00 ~Price 4x4 $25,747.00 =:>
Available in:
Black(UA) Silver Clearcoat Metallic (YN) [l
Oxford White (YZ) Tropic Green Clearcoat Metallic (SU) [l
Available Options:
[ ] 5.4L SOHC/4 Speed Auto O/D 99L/44E 565.00
J><( Privacy Glass 924 251.00
[ ] 3'• Row Bench Seat 875 544.00
[ ] Axle, Limited Slip Rear XH9/XH6 (190.00)
[ ] Aux. Rear Heat & Air Conditioning 574 675.00
J;4 Trailer Towing Group 535 800.00
7-Pin Trailer Wiring Harness, Class III Frame
Mounted Hitch, Super Engine Cooling, Auxiliary Auto
Transmission Oil Cooler
[ ] License Plate Bracket, Front 153 N/C
[ ] Running Boards, 186 370.00
[ ] Skid Plate Package 413 89.00
-~Tow Hooks 53T 34.00
. [ ] Left Hand Spot Lamp DLT 300.00
[ ] Dual Spot Lamps DDL 600.00
00
Total Price $ ). ~) 83),
Dealership: Signature Ford, L-M, Jeep
Contact Person: Bill Stenback 888-92-FLEET FAX 517-625-9104
15
Commission Meeting Date: February 8, 2000
Date: January 26, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cl~Q,.,
RE: Sale of Non-Buildable Lots on Sumner in Jackson Hill
SUMMARY OF REQUEST:
To approve the sale of the non buildable lots designated as map# 24-31-20-183-012
and map# 24-31-20-183-013 to Mr. Terry & Mrs. Juel Ford. The total frontage for the
combined lots is 66 feet and will be sold for $100. The Fords would like the land to add
to their existing home, specifically to fence in the lots and prevent littering. The sale of
this lot is consistent with the Jackson Hill Marketing Strategy.
FINANCIAL IMPACT:
The sale of the parcel will allow the property to be placed back on the City's tax rolls,
thus relieving the City of continued maintenace costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale , as well as, authorization for both the Mayor
and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will discuss the issue at their February 7 meeting.
1/26/2000
Resolution No. 2D00-23 (g)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF LOTS IN JACKSON IDLL FOR $100.
WHEREAS, Mr. Terry and Mrs. Juel Ford would like to purchase map# 24-31-20-183-012 and
map# 24-31-20-183-013 (located on Sumner between Erickson and Octavius);
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, the sale of the lot is consistent with the Jackson Hill Marketing Plan and compatible
with existing City policies;
NOW THEREFORE BE IT RESOLVED, map # 24-31-20-183-012 and map# 24-31-20-183-
0Bbe sold to the above-mentioned.
(WLY 38 Ft of E ½ lot 1 BLK 153 and E 28 Ft Lot 1 BLK 153)
Adopted this ----8.t.h_ day of February, 2000
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen , Schweifler, Shepherd
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 8, 2000. . /
By: o.J.., ~~
Gail Kundinger, Cl k
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Commission Meeting Date: January 11, 2000
Date: January 28, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Buildable Lot on Wesley Street in Marquette
SUMMARY OF REQUEST:
To approve the sale of the west 1/2 of the vacant buildable lot described as map
number 24-31-21-179-009 to Willie Wilson of 640 W. Forest Avenue. Total frontage for
the sale is 120 feet. Mr. Wilson intends to build a single-family three bedroom ranch
style home with an attached 2 car garage and partial basement. The appraised value
of the parcel is $4,000 and Mr. Wilson submitted the only bid of $4,000.
FINANCIAL IMPACT:
The sale of the parcel will relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale, as well as, authorization for both the Mayor and
the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
The LRC endorsed the sale of the property at their December meeting.
1/28/2000
Resolution No. 2000-23 (h)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON WESLEY STREET
IN MARQUETTE FOR $4,000.
WHEREAS, Mr. Willie Wilson has submitted the only bid of $4,000 for the property for
construction of a single family 3-bedroom ranch style house with two-car garage and partial
basement, ·
WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, sale of the land and subsequent construction of the home would be in accordance
with existing City policies and those of HUD, concerning the disposition of Urban Renewal
lands;
NOW THEREFORE BE IT RESOLVED, map# 24-31-21-1 79-009 be sold to the above-
mentioned buyer as recommended by staff and the LRC.
(Urban Renewal Plat No 3 Lots 556 & 557)
Adopted this 8th day of January, 2000
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 8, 2000. ~
By:
.
~ ~
Gail Kundinger, lerk
ames ve.
Albert Ave.
4-31- 1-1 9-00
Wesley Ave. Wesley Ave.
2000-23(h)
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to WILLIE WILSON, a single man, of640 W. Forest, Muskegon, MI 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lots 556 and 557, Urban Renewal Plat No. 3;
for the sum of Four Thousand Hundred ($4,000) Dollars.
PROVIDED, HOWEVER, Grantee, or his assigns, shall substantially complete construction of a single-family home on the premises
herein conveyed, up to all codes, within eighteen (18) months after the date hereof. In default of such construction, title to the
premises shall revert to the City of Muskegon free and clear of any claim of Grantee, or his assigns; and, in addition thereto, the City
of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee, or his assigns. "Complete
construction" means: (l) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Director oflnspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title of the above described premises, improvements made thereon shall become the property of the Granter.
Furthermore, Grantee has covenanted that the home shall be owner occupied for five (5) years from the date of this deed.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this -----8.t.b... day of _..,F_,e.,_,b,..r....,u.,_,a....,r,_yl<'.---- - - -'' 2000.
Signed in the presence of:
~Ip~ ~
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this day of r .J? c;RS-tl,
, 2000, FRED J. £e.,bCtlCi
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON~ municipal corporntion, on
behalfofthe City.
PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole L);;Jo...{ ;.-o 7ffr Notary Public, Muskegon County, MI
175 W. Apple Ave., MI 49443-0786 My commission expires:_ ~9- -~~~ S_-~o~;).
~ - -- - - -- - -
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
G:\COMMON\5\GTJ\C-RLEST\WILSON.QCD
2000-23(h)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made February 8 2000, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and WILLIE WILSON, a single man, of 640 W. Forest, Muskegon, Michigan 49441
("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan, and specifically
described as:
Lots 556 and 557 of Urban Renewal Plat No. 3;
("Premises"). Subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and
review of the same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Four Thousand Dollars ($4,000), payable, in cash, to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single family home, up to all codes, within eighteen (18) months of the closing of this
transaction. The home shall be substantially completed by that time and, in the event said
substantial completion has not occurred, in the sole judgement of the City, the property and all
G:\COMMON\5\GTJ\C-RLESnWLSON.PA -I-
improvements then installed shall revert in title to the City, without any compensation or credit to
Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the
closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal Jaw.
Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF BUYER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A
G:\COMMON\5\GTJ\C·RLESnVVILSON.PA -2-
RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
9. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
10. Closing. The closing date of this sale shall be on or before "ea1M=a~y~8~_ _ ,
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company, 570
Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an IRS
closing report at the Closing.
11. Delivery of Deed, Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
G:\COMMON\5\GTJ\C-RLEST\v\llLSON .PA -3-
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
SELLER: CITY OF MUSK.EGON
By~~-~
F r e ~ n , M~y/ _
By ~0-~
Gail A. Kundinger, Clerk
BUYER:
Social Security No. 3 Po :. 9o · f-nr$
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
G:ICOMMON\5\GT JIC-RLESnWILSON.PA -4-
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HOLLAND, Ml 49423 075388
TRANSNATION TITLE INSURANCE COMPANY (616) 392-2341
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DETROIT, Ml 48275-7566
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. 409452
Your Ref: /Vacant Land Wesley
File No. 409452
1. Effective Date: November 22. 1999 at 8:00 AM
2. Policy or Policies to be issued: Amount
(a) Owner's Policy $4. 000. 00
Proposed Insured:
Willie Wilson
(b) ALTA Loan Policy: 10-17-92, without exceptions. $
Proposed Insured:
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is fee slimple and is at the effective date
hereof vested in
The City of Muskegon, a Michigan Municipal Corporation
4. The land referred to in this Commitment is situated in the City of Muskegon,
County of Muskegon, State of Michigan. and described as follows:
Lots 556 and 557, Muskegon Urban Renewal Plat No. 3, as recorded in Liber 19
of Plats, Pages 16, 17 and 18, Muskegon County Records.
ALTA Commitment- Schedule A
Form 1004-264
----------,------------
Commitment No. 409452
File No. 409452
SCHEDULE B-SECTION I
REQUIREMENTS
The following are the requirements to be complied with:
1. Standard requirements set forth on inside front cover.
2. Instruments necessary to create the estate or interest to be insured must
be properly executed, delivered and duly filed for record.
3. Deed from The City of Muskegon, a Michigan Municipal Corporation to Willie
Wilson.
NOTE: No 1999 Summer tax.
Permanent Property No. 61-24-612-000-0556-00.
NOTE: No Homestead filed.
NOTE: 1999 Winter taxes are exempt.
SCHEDULE B-SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the
Company.
1. Standarc exceptions set forth on inside back cover.
2. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to
the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
3. Muskegon Urban Renewal Plan recorded April 10. 1961 in Liber 730, Page
657, and revisions and amendments, thereto.
4. Reservation of easement in the vacated alley as evidenced by the
instrument recorded July 16, 1962 in Uber 758, Page 369. A copy of said
instrument is attached hereto.
JMS/dej ·
Form 1004-89 (Rev. 6-1-87)
Page 2
CLOSING AGREEMENT
Property Address: Lots 556 & 557, Muskegon, Michigan 49442
Escrow No.: 614371
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT I/we, as Seller(s), for valuable
consideration, receipt of which is acknowledged 1 have bargained and
sold and do grant and convey to the Buyer(s), in an 11 AS IS 11 condition
with no warranty, either expressed or implied, the following goods and
chattels:
See terms of Purchase Agreement
ACCEPTING PROPERTY "AS IS"
Buyer(s) understand and acknowledge, that he/she (they) is/are buying
the property in an 11 AS 18 11 condition and that neither the Seller(s) nor
Realtor make any warranties as to the structure(s) located upon the
land purchased or the condition thereof. We agree to hold harmless the
listing and selling broker, and/or their agents and Transnation Title
Insurance Company from any liability concerning this matter,
BUY AND SELL RESOLUTION
It is agreed, between the Buyer(s) and Seller{s) of this property that
all contingencies and addendums to the Offer to Purchase thereto, have
been met or are hereby resolved or removed to the satisfaction of the
parties concerned. We agree to hold harmless the listing and selling
broker, and/ or their agents an.d Transnation Title Insurance Company
from any liability concerning this matter.
SELLER'S AFFIDAVIT
The undersigned Seller(s) represent and warrant to the Buyer(s) and
Transnation Title Insurance Company, that I/we have no knowledge on any
proceedings instituted or taken by anyone which will result in a lien
or special assessment upon the premises. That we have no knowledge of
any delinquent taxes, special assessment, water bills, utility bills,
furnished and financed insulation, or Homeowner's Association fees
covering subject property, except as follows:
Seller(s) further agree that in the event it is determined there are
unpaid fees for any of the above specified items for amounts which are
due or become due prior to and including the date of closing or which
become due after the date of closing, and which are payable prior to
and including the date of closing or become payable after the date of
closing, and which are the responsibility and obligation of Seller(s),
that Seller(s) shall pay any and all amounts as so charged as their
obligation and responsibility during the time they had possession of
said property, and shall provide proof of payment of same to
Transnation Title Insurance Company and Buyer(s) of said property.
Seller(s) further agree to pay any final water and/or sewer bills
charged as their obligation and responsibility during the time they had
possession of said property and shall hold harmless Transnation Title
Insurance Company from any liability concerning this matter.
Seller(s} have not undertaken, within the past three (3) months, to
have any work performed or materials furnished to the premises, which
would give rise to any claim of a construct,ion lien against the
premises.
CLOSING AGREEMENT· continued
Property Address: Lots 556 & 557, Muskegon, Michigan 49442
Escrow No.: 614371
The foregoing closing agreements are hereby accepted and approved.
Closing Date: May 17, 2000 Seller (s) ,
The City of Muskegon,
Witness a Michigan Municip~a~l'--7""'7"'
Witness
B
Witness
Witness
TRANSNATION TITLE IHSURANCE COMPANY U.S. Department of Housing and Urban Development
0MB Uo. 2502·0265
A. Settlement Statement Title Insurance Jlo.614371
B. T e of Loan
1. [ JFHA 2. [ JFmHA 3. [XJConv. Unins. I 6.File ).lumber [7. Loan !lumber [8.Mortgage Insurance case No.
4.[ ]VA 5.[ ]Conv. Ins. 614371
C.Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are
shown. Items marked "(p.o.c)" were paid outside the closing; they are shown here for informational purposes and are not included in
the totals,
D,tlame and Address of Borrower [E.Name and Address of seller ] F. Name and Address of Lender
Willie Wilson [ The City of Muskegon [ THE MORTGAGE HOUSE
I I 603 East 16th Street
[ HOLLAUD Ml 49423
I
640 W. Forest Avenue I 933 Terrace I
Muskegon, Ml 49441 ] Muskegon, Ml 49441 I
G.Property location II.Settlement Agent
Lots 556 & 557 TRANSNATION TITLE IHSURA!lCE COMPANY
Muskegon, Michigan 49442 Place of Settlement p.settlernent Date
490 Century lane I
Holland, MI 49423 I May 17, 2000
Sharon Heidema
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTIOII
100. GROSS AMOWH DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER
101.Contract sales price ,.000.00 401.Contract sales price 4000.00
102.Personat property 402.Personal property
103.Settlement charges to borrower (line 1400) 7871.00 403.
105. Construction Holdback 90746.00
Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance
106,City/town taxes to 406.City/town taxes to
107.county taxes to 407. County taxes to
120, GROSS AMOUNT DUE 420, GROSS AMOUNT DUE
FROM BORROWER 102617.00 TO SELLER 4000.00
200. AMOUNTS PAID BY OR 1H BEHALF OF BORROWER 500. REDUCTIONS 1H AMOWH DUE TO SELLER
201.Deposit of earnest money 200.00 501.Excess Deposit (see instructions)
202.Principal amount of new loan(s} 93500.00 502.Settlement charges to seller (line 1400) 309.40
203.Existing loan(s) 503.Existing loan(s)
206.A1 Homes Contribution· 2850.00 506.Deposit or earnest money with seller 200.00
207. Lender Contribution 1317,00 507.
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210.City/town taxes to 510.City/town taxes to
211,County taxes to 511.County taxes to
220. TOTAL PAID BY/FOR 520. TOTAL REOUCTIO!l AMOUUT
97B67 .00 DUE SELLER 509.40
BORROWER
300. TOTAL AT SETTLEMEUT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER
301.Gross amount due from borrower (line 120) 102617.00 601.Gross amount due to seller (line 420) 4000.00
97867.00 602.less reductions in amount due seller (line 520) 509.40
302.Less amounts paid by/for borrower (line 220)
303. CASH 603. CASI!
( [XXJ FROM) ( ( l TO) BORROWER 4,750.00 ( [XX} TO) ( [ ] FROM) SELLER 3,490.60
FORM 911 {9·95} HUD-1 (3-86) RESPA, HB4305·2
614371 Page 2 of Form Approved 0MB Ho. 2502H0265
PAID FROfl PAID FROM
L. SETTLEMEIIT CHARGES BORROWER'S SELLER'S
FUNDS AT FUNDS AT
700. TOTAL SALES/BROKER'S COMMISSJON based on price $ 4000.00@ %" SETTLEME!IT SETTLEMEIIT
Division of comnission(l ine 700} as follows:
701.$ to
702.$ to
703.Conmission Paid at Settlement
704.$ to
800. ITEMS PAYABLE HI CONNECTION ll!Tll. LOAN
801.Loan Origination Fee % to
802.Loan Discount % to THE MORTGAGE HOUSE 1860.00
to Timothy Salamone 300.00
803,Appraisat
'"
804.Credit Report to Metro \Jest 11.00
805.Lender's Inspection Fee to
808.Inspection Fees to THE MORTGAGE HOUSE 225.00
809.Construction Fee to THE MORTGAGE HOUSE 4825.00
900. ITEMS REOUIREO BY LEtlDER TO BE PAID Ill ADVA!lCE
to /day
901. Interest from
901, 1 Interest from to " /day
902,Mortgage Insurance Premium for mo. to "
903.Hazard Insurance Premium for yrs. to
1000.RESERVES DEPOSITED \.JITH LENDER
1001. Hazard insurance mo.@$ per mo.
1002.Mortgage insurance mo.@$ per mo.
1003.City property taxes mo,@$ per mo.
1004.County property taxes mo.@$ per mo.
1100. TITLE CHARGES
1101._Settlement or closing fee to TRANSNATION TITLE 125.00 125,00
1102.Abstract or title search to TRANSNATIOII TITLE
1103.Title examination to
1104.Title insurance bindrir to
(includes above items No.: I************U'** I**************
1108.Title Insurance to TRANSNATION TITLE I 333,00 I 150.00
(includes above items No.: ) 1**************** I**************
1109.Lender's coverage $ 90350.00 I**************** 1************ **
1110 .owner's coverage
$ 59405 .00 I**************** I**************
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 _ _ _ _ 1_ _ __
1200. GOVERHMENT RECORDING A!lO TRAIISFER CHARGES
1201.Recording fees: Deed $ 10.00 Mortgage $ 21.00 Releases $ 31.00
1202.City/county tax/stamps: Deed$ 4.40 Mortgage $ 4.40
1203.State tax/stamps Deed$ 30.00 Mortgage $ 30.00
1204.Record Notice of Corrmencement 11.00
1300. ADDITIONAL SETTLEMENT CHARGES
1301. 1Survey to Nederveld 150.00
1400.TOTAL SETTLEMENT Cl!ARGES Centered on lines 103, SECTION J AHO 502, Section Kl 7,871.00 309.40
have carefully reviewed the HUD"1 Settlement Statement and to the best of my knowledge and belief, it is a true and accur11te
statement of all receipts and disbursements made on my <_1ccount or by me in this transaction. I further certify that I have received
a copy of the Hud-1 settlement Statement.
Borrower(s) Signature Date: 05/17/D0 Seller( s) Signature Date: 05/17/00
dJ;ll:dl,L
Willie Wilson
" have caused or wi l l
The HUD-1 settlement Statement which I have prepared is a true and
cause the funds to be disbursed in accordance with this statement.
Transnation Title Insurance Company Date: 05/17/00 Settlement Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: 05/17/00
l..'ARNitlG: Jt is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upcn
convictions cim include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
FORM 912 (7-95) llUD-1 (3H86) RESPA, 1184305·2
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 {9-97) P.A.. 415 of 1994. filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
!l. Street Address of Property 12, County J 14, Date of Transfer (or land contract was signed)
l Lots 556 & 557 I Muskegon I I 05/17 /00
lc--l~lu~s~ke~g~o~n.~M1~·c~h~ig~,~n_4~9~44~2-~~----~1-------'1
13. City/Trn1nship/Village of Real Estate fil City I 15, Purchase Price of Real Estate
I U To\'lnship I ! $4,000.00
I Villae I
16. Property Identification Number (PIN) If you don't have a PIN, I PIN. This number ranges from 10 to 25 digits. It
I attach legal description. I usually includes hyphens and sometimes includes
l I
letters. It is on the property tax bill and on the
assessment notice.
!7- Seller's (Transferor) Name I 18. Buyer's (Transferee) Name and Mailing Address
1 _The City of Muskegon I I Hillie \-!ilson
I I I
I 640 ~/. FOrest Avenue
Items 9 - 13 are optional. However. by completing I Muskegon, Michigan 49441
them you may avoid further correspondence. !---~--------~--~~-
Transfers include deeds, land contracts, transfers 19- Ji'.Q_e of Transfer _
i nvo l vi ng trusts or wi 11 s, certain long-term 1eas~s ! U Land Contract U lease
and interest in a business. See the back for a ! ill Deed U Other (specify) _ _ _ _ _ _ _ __
complete list. !--~--~~--~~-~-----
110, U Yes ] 111- Amount of DO\·m Payment
l_~l"s._t.,,h-se~t,cr,;a"'nsccf,ser'-"b"'ete,w'"ee"'n'-'-'re,.ls_at,,ea,d_Jpe,e'-r"so,,,n!'-s'a_._ _ _ _.LI_Jl-"'No,__ _ I 1 - - - - - - - - - - - - - - - - ~
j12. If you financed the purchase, U Yes I 113. Amount Financed (Borrowed)
J_ _,d,.,1.,,d_;Ye,O"'-u-'p"'a,_y.,,ms_arc,k,se"-t.,_r2cat;se,_,,of,_,_in"'t""e'cre=s"'t'-'_ _ _ _ __j_l_Jl-"'No,__ _ I I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Exemptionsc__-,-,,-,-,,--~,---c----c---,--,---,-,--~--,----cccc-cc--c---,-c-,,--------,c---
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Belrn•1 are brief descriptions of the
types of exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-m). If you believe this transfer is exempt,
indicate belrn'I the type of exemption you are claiming. If you claim an exemption. your assessor may request more information
!Q__support your claim.
U transfer from one spouse to the other spouse
U change in O\o/nership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust \'/here the settler or the settler's spouse conveys property to the trust and is also the sole
_ beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a joint ownership if at least one person is an original O\•mer of the property (or his/her spouse)
U transfer to establish or release a security interest (collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under common control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other, specify:
Certification--,----------,---~--,------,---~,-----------------
l certify that the information above is true and complete to the best of m,__.kc,no"''cclls,ed=e~._ _ _ _ _ _ _ _ _ _ _ _ __
10.mer's Signature I Date j I _Jf signer is other than the O',,mer, print name and
I 4 / ·;JI /,/ ; ' / I I I title.
l=v=w~~A~~l/=lJ=,~~~--~--1 >"/ 7 -00 I l _ _~ ~ - ~ ~ - - ~ - ~ ~ - ' -
614371
- - - - - - - r- ---------
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE # 614371
DATE: May 17th 2000
The undersigned hereby acknowledge that· once construction of their
principle residence on the above referenced property is completed, it is
their responsibility to file for homestead exemption with the property
municipality _for the property taxes. Failure to do so will result with
the higher property taxes being charged on the tax bill.
The undersigned further agree to hold Transnation Title Insurance Company
harmless for any loss or damage that ·may occur in the event the exemption
is not properly filed.
PURCHASER(S):
uJfldJL
Willie Wilson
- - - ----------------
SURVEY WAIVER
Date: May 17. 2000
RE: 614371
To: Property Address:
603 East 16th Street Lots 556 &557
HOLLAND. Ml 49423 Muskegon. Michigan 49442
County: Muskegon
We. the undersigned. purchasers and sellers. of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
' not to obtain a survey and wish to
We have decided. completely of our own volitioh.
complete the transaction without the .recommended survey.
We hereby release and. its employees and/or agents. from any responsibility and/or
liability concerning or pertaining to survey matters. including, but not limited to size of
lot or land. location of boundary line. location of building and encroachments.
PURCHASER(S): SELLER(S):
Wi 11di/Ji~ (4tk,J The City of Muskegon.
a Michigan Municipal
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 614371
COUNTY OF Muskegon
jss
That The City of Muskegon, a Michigan Municipal Corporation being first duly sworn on
oath says that they are the true and lawful owner(s) of the premises located at:
Lots 556 &557
Muskegon. Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement. lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than, the affiant(s) are bonafide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or i'iens against affiant(s). including income tax
liens. adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments. water
bills etc. shall be immediately paid by affiant(s) as soon as informed of such.
Seller(s):
Subscribed and sworn to. before me a Notary Public, this 17th day of May, 2000
Notary Public _______ County
My Commission Expires:
Date: February 8, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 1282 Arthur
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1282 Arthur is
unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted in January of 1999.
This was one of the properties owned by Jonathon Brandel, forfeited to
Mortgage Corp. of America who then sold it to Joseph Ross. Mr. Ross
applied for a building permit on 2/24/99 . His permit was voided
10/12/99 due to confusion of information on the permit and lack of
inspections. A phone call on 10/12/99 from Mr. Ross to Jerry McIntyre
indicated that he did not wish to repair the house at this time.
The estimated cost of bringing the property into compliance with City
codes is $18,000.
According to the Title Search taxes are owed for 1997 in the amount of
$413.46, sidewalk assessment due in the amount of $1,498.86 plus
penalties and interest and a water bill is due in the amount of $106.88
plus interest.
Attached are copied of the minutes of the December 2, 1999 meeting of
the Housing Board of Appeals, the findings of fact and order of the
Board dated 12/10/99.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
February 7, 2000.
.-' ffirmative Action
6!61iH-670J
~.-\X/122-1214
.\ssessor
6161724-6708
FAX1i24-4178
Ccmctu-y
6l6nl-f.-678J
FAX/726--5617
Civil Se["\lice
6I6J724-6716
FAX1724-679-0 West Michigan's Shoreline (lty
Clerk
616J724-6705
MUSKEGON HOUSING BOARD OF APPEALS
FAxnU-4178
Comm. & Neigh,
DATE: December 10, 1999
Services
616J724-6717
FAXfll6-2501 CASE: #99-38 - 1282 ARTHUR
Engineering
616n2+6101
FAXfl27-6904 MORTGAGE CORP. OF AMERICA JOSEPH ROSS
Finance 24700 NW HIGHWAY 2241 HOWDEN
616/724-6713
FAX/724-6768
SOUTHFIELD, MI 48075 MUSKEGON HTS., MI. 49444
•
Fire Dept.
616/724-6792
FAX/724-6985
Income Tax FINDING OF FACTS AND ORDER
616/724-6770
F AX/724-6768
The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems
6161724-6975
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the December 2,
FAxn24-6768 1999
Leisure Service
616/724-6704 The Neighborhood and Construction Services Department of the City of Muskegon, having
FAX1724-6790
inspected the building structure located upon the property described as West 87 ½ feet of
\tanager's Office Lot 4, Block 240 also known as 1282 Arthur found the conditions listed on the attached
6161724-6724
F.-\X/722-1214 pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
.\la}or's Office
Ordinances .
6161724-6701
F.-\X/722-1214
The Board further found that these conditions exist to the extent of endangering life, safety
."'wigh. & Const. and the general welfare of the public .
Services
616/724-6715
FAX/726-2501 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Planning/Zoning declared to be unsafe, substandard and a public nuisance.
616/724-6702
FA:\/72-f-6790
It is, therefore, ordered that the owners or other interested parties take such action to repair
Police Dept
616/724-6750
or remove said structure, or appeal this order within 20 days of the receipt of this order.
FAX/722-5140
Public Works
It is further ordered that if the owners or other interested parties fail to repair or remove said
616/724-4100 structure, or appeal this order within 20 days of the receipt of this order, the Building
FAX/722-4188
Official shall take bids and remove said structure.
Treuurer
616/724-6720
FAX/724-6768
\\ ater Dept.
616/724-6718
F,\X/724-6768
\\ aft.'r Filtration
6161""124-4106
F.-\:\., "1~~-.:'i1"l0 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml -19.J-B-0536
If you wish to appeal this order, you. must do sq_ witbm. tweur., ~- "t ou may oo= w,;
appeal roan at the Cb:y's Neighborhooci awi'Coastm:tion S«vices Department
{Impectious), City Hall. 933 reaace Street.
v\_.
OARD OF APPEALS
•
DANGEROUS BUILDING REPORT
1282ARTHUR
1/22/99
I. Foundation block is in need of mortar repair.
2. Front entry steps are sagging, brick falling off side vertical supports.
3. Chimney cap broken.
4. Roof covering replacement needed.
5. Broken out windows.
6. Home partially painted.
7. Rotting fascia.
8. Siding repair needed.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
•
DATE
The motion carried.
(GARAGE) - i\MES G. JOHNSON, 1338 GETTY, MUSKEGON
Connie Johnson along wit on, Ja es II was in attendance for meeting. The son stated that that-
he has been doing the repairs, · 't know that he needed inspection. Motion made by Johnson,
supported by Nielsen, to take · ff agenda if the are no other items after inspection there will
be no need to bring back to A. A I call vote was taken:
AYES EXCUSED
Robert Johnson Greg Borgman
Randy Mackie
John Warner
• Clint Todd
Fred Nielsen
The motion carried.
#99-07 - 654 E. ISABELLA - PATRICK STON - 604 MARQUETTE, MUSKEGON
No one attended meetin egarding this case. o permit, no inspection, not done by work
schedule which was July 9 Suppose to be ew owner under land contract but we haven't heard
anything from anyone. Moti made by ckie, supported by Warner to support staff
recommendation to declare st ture at 4 E. Isabella unsafe, substandard, a public nuisance
and forward to the City Commis n concurrence. A roll call vote was taken:
AYES NAYS ABSENT EXCUSED
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The next two c es on the agenda were moved to the bottom f the list as requested by an
interested p
#99-38 - 1282 ARTHUR - MORTGAGE CORP OF AMERICA, 24700 NW HWY,
SOUTHFIELD
No one attended meeting. Permit was voided due to confusion of information on the permit and
the lack of inspections that was requested by the Inspection Department. Motion made by
Mackie, supported by Warner to support staff recommendation to declare structure at 1282
Arthur unsafe, substandard, a public nuisance and forward to the City Commission for
concurrence. A roll call vote was taken:
AYES NAYS ABSENT EXCUSED
Robert Johnson None William Anderson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion carried.
• #99-39 - 902 PINE - L . RIDGE, STE. 400, ALANT A, GA
No one present for meeting. ermit that w pulled in Sept. of 98 was voided because of no
inspections. Robert Grabinski ted th looks as if work has been performed. Motion made
by Warner, supported by Mackie ort staff recommendation to declare structure at 902
Pine unsafe, substandard, a public ance and forward to the City Commission for
concurrence. A roll call vote w ake
AYES EXCUSED
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
#99-40 - 127 HOLBROOK - VERSEY BEACHMAN, 5 . ISABELLA, MUSKEGON
No one present at meeting. Fire c e, no inspection, permit, looking in the window some
(little) work completed. Motion ma y Mackie pported by Warner to support staff
recommendation to declare structure at rook unsafe, substandard, a public nuisance and
forward to the City Commission for cone A roll call vote was taken:
AYES NAYS EXCUSED
Robert Johnson None Greg Borgman
Randy Mackie
John Warner
Date: February 8, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for 497 Catawba
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 497 Catawba is
unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted on 4/6/98 and a Notice
and Order was sent out April 15, 1998 ordering repair or demolishing of
the structure within 30 days. An interior inspection was conducted
7/15/98. On October 27, 1998 the case was brought to the City
Commission for concurrence. On October 27, 1998 the Muskegon City
Commission voted to postpone for thirty (30) days consideration of this
department's request for concurrence in the determination of the
Housing Board of Appeals that the subject property be demolished. An
agreement was made by the owner to have all repairs done by January
31, 1999. A permit was issued 10/30/98. To date little or no progress
has been made. At the December 2, 1999 meeting of the Muskegon
Housing Board of Appeals, the building was declared unsafe,
substandard, and a public nuisance. On December 8, 1999 a Finding of
Facts and Order was sent out requiring that the owner repair or remove
such structure or it would be sent to the City Commission for
concurrence with the Housing Board of Appeals. To date no progress
has been made.
The estimated cost of bringing the property into compliance with City
codes is $25,000.
At the time the title search was done taxes for 1996 and 1997 were
owed as well as misc. invoices totaling $360.27.
Attached are the Findings of Fact and order dated 12/8/99, minutes of
the Housing Board of Appeals meeting on 12/2/99, interior inspection
dated 7/15/98, schedule of repairs, letter sent to owner 10/28/98
regarding the Muskegon City Commission decision to postpone
determination for 30 days and the request for concurrence dated
10/20/98.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
February 7, 2000.
Affirmath·e Action
616n24---670J
FAXJ7z'2. I 2 I4
-\ssessor
616nU--6708
FAxn24--4l78
Cemetery
616n2+.678J
FAxn26--S617
Civil Service
616/724--6716
FAxn2+.6790
West Mlcblgan's Shoreline (lty
Clerk MUSKEGON HOUSING BOARD OF APPEALS
6t6n2+.670S
FAxn24--4l78
Comm. & Neigh.
DATE: December 8, 1999
Services
616/724--6717
FAX/726-2501
CASE: #98-22
Engineering
616/724.6707
FAX/727-6904 Guadelupe Loera
Finance 1715 Superior
616/724•6713 Muskegon,Mi.49442
FAxn2.J.6768
•
Fire Dept.
616/724--6792
FINDING OF FACTS AND ORDER
FAX/724--6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of Appeals
616/724--6770 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the December 2,
FAXfl24--6768
1999
Info. Systems
616/724--6975
FAX/724--6768 The Neighborhood and Construction Services Department of the City of Muskegon, having
inspected the building structure located upon the property described as sub-division of
Leisure Service
6161724--6704 Block 95, Lot 22 also known as 497 Catawba found the conditions listed on the attached
FAX/72-1•6790
pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
\tanager's Office Ordinances.
016/724•6724
FAX/722-1214
The Board further found that these conditions exist to the extent of endangering life, safety
.\la~w's Office
616/724.6701 and the general welfare of the public.
f:\\/722-1214
:'\eigh. & Const. Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Ser.,.ices
616/724•6715
declared to be unsafe, substandard and a public nuisance.
FAX/726-2501
Planning/Zoning
It is, therefore, ordered that the owners or other interested parties take such action to repair
016nH--6102 or remove said structure, or appeal this order within 20 days of the receipt of this order.
FAX/724-6790
Police Dept. It is further ordered that if the owners pr other interested parties fail to repair or remove said
616/724--6750
FAX/722-5140 structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and remove said structure.
Public Works
616/724•4100
FAX/722•-1188
Treasurer
616/724-6720
FAX/724--6768
\\ ater Dept.
616172-1•67l8
FAX/72---6768
\\ ater Filtration
6161724••'106
F.-\X/"1:'i~-~290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal this order, you must do so_ within tw.mty days. You ina.y obtain the
appeal. fomt at the City's Neighborhood and Coustcw:tioil Services UcpartIIICilC
{Impe1:tiom), City Hall. 93j Tei:race Street.
OARD OF APPEALS
•
DAJ."l(GEROUS Bun.DING INSPECTION
497CATAWBA
. 4/6/1998
APPROXIMATELY 20 FT. X 40 FT 2 STORY WOOD FRAME UNOCCUPIED HOUSE.
l. FRONT STEPS DETORIOTING AND FALLING APART.
2. WINDOWS BROKEN
.,
~
. FRONT PORCH FLOOR SAGOS
4. SIDING ROTTED WITH OPEN HOLES
5. REAR STEPS ROTTED.
6. FOUNDATION LOOSE WITH OPEN HOLES
7. BUILDING IS UNSECURED
8. ANIMALS LIVING IN HOUSE ,
9. SECOND FLOOR DOOR WITH OUT LANDING OR STEPS.
•
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE 1\IIBETS THE DEFINITION OF A DANGEROUS
Ai'ID/OR SUBSTAi'IDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
;1
/~
J1J
'
G~GEDOOD, BlHLDING INSPECTOR
I .
<;/1., /9))
DANGEROUS BUil..DING INSPECTION
INTERIOR INSPECTION
497W.CATAWBA
JULY 15, 1998
PLUMBING/MECHANICAL/BUil..DING
I. Paint peeling throughout house.
2. Holes in walls throughout house.
3. Front bedroom door is broken.
4. Kitchen has been gutted (plaster has been removed from walls and ceilings).
5. Draft stopping missing.
6. Furnace must be certified safe for operation licensed mechanical contractor, or be
replaced.
7. Pipe missing on pressure relief valve for water heater.
8. Gas piping for water heater improperly installed.
• 9. Storage area under stairs must be drywalled .
I 0. Smoke detecors required per CABO One and Two family dwelling code.
11. Stairs must be repaired.
12. Guardrails on stairs must be repaired.
13. Handrails missing on stairs.
14. Bearing wall in upstairs of building has been removed.
15. Bathroom floor partially rotted.
16. Plumbing must be replaced or repaired throughout.
17. Bathroom outlet is not GFI protected.
18. Light fixtures throughout house are incomplete.
19. Doorway on second floor has no landing (15 ft. drop)
20. Add switches for lights in each room. (Note: wiring throughout house is in poor
condition.)
ADDITIONAL EXTERIOR DEFECTS NOTED:
I . Window sashes and frames and rotted and falling apart.
2. Roof and ceiling on rear porch is rotted and falling apart.
SCHEDULE OF REPAIRS
497 CATAWBA
Phase I- September 30, 1998 Completion Date for Correction of Following Items:
11. Repair of interior stairs.
12. Repair of guardrail on interior stairs.
14. Installation of bearing wall upstairs where removed between two bedrooms.
19. Elimination of doorway on stairs exiting without landing.
Phase II- November 30, 1998 Completion Date for Correction of Remaining Items
Included on July 15, 1998 Inspection Report.
Phase III - January 31, 1999 Completion Date for Correction of Additional Exterior
Defects Noted on July 15, 1998 Report.
As owner of the above property, I hereby agree to obtain all necessary construction
permits and complete repairs to the dwelling in accordance with the above timetable. I
also agree to contact the Neighborhood and Construction Services department at least
once every 30 days to request a progress inspection on the work underway.
Owner Date
DANGEROUS BUILDING INSPECTION
INTERIOR INSPECTION
497 W. CATAWBA
JtJLY 15, 1998
PLUMBING/MECHANICAL/BUILDING
1. Paint peeling throughout house. ,Q (.,v e.e. t..S \
~ Holes in walls throughout h o u s e ~
3. Front bedroom dooris broken. I OfC\.V
4. Kitchen has been gutted (plaster has been removed from walls and ceilings) . .2 Luee./cs
5. Draft stopping missing. d- c.....> c._ t- S
6. Furnace must be certified safe for operation licensed mechanical contractor, or be
replaced. G- A 5 c O'.
7. Pipe missing on pressure relief valve for water heater. vJ i' I( 3 e ~ n e = V A-1 vt:.
8. Gas piping for water heater improperly installed. J W e-,d.:::5
9. ~torage area under stairs must be drywalled. c)_ c,J e. e.,.,lc.5
·, l 0. Smoke detecors required per CABO One and Two family dwelling code.
11. Stairs must be repaired. , = '
• 12. Guardrails on stairs must be repaired. f (..) ~c )L
13. Handrails missing on stairs. '
14. Bearing wall in upstairs of building has been removed. ~1, '.w:• " 13('
15. Bathroom floor partially rotted.
16. Plumbing must be replaced or repaired throughout.
17. Bathroom outlet is not GFI protected.
~ -~ Light fixtures throughout house are incomplete.
'tlYDoorway on second floor has no landing (15 ft. drop)
20. Add switches for lights in each room. (Note: wiring throughout house is in poor
condition.)
ADDITIONAL EXTERIOR DEFECTS NOTED:
1. Window sashes and frames and rotted and falling apart.
2. Roof and ceiling on rear porch is rotted and falling apart.
di ~
+o 5 e_-t / J_f14e /3 . Do/\. G
Q lu, ll
\ () !::',(Its. ~\L-1
Johnson supported b,¼ ackie to declare stcmr.l.,e at 451 White unsafe, substandard, a
public nuisance and fo d to the City C ission for concurrence. A roll call vote
was taken:
AYES: EXCUSED:
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion c
#98-22- 497 CATAWBA-GUADALUPE LOERA, 497 CATAWBA, MUSKEGON
No one attended the meeting regarding this property. Robert Grabinski explained that
this was a fire case and that the repairs were suppose to be completed by January 31,
1999. No call for inspection was received, work hasn't been performed. Motion made
• by Mackie, supported by Warner, to support staff recommendation to declare structure at
497 Catawba unsafe, substandard, a public nuisance and forward to the City Commission
for concurrence. A roll call vote was taken:
AYES: NAYS: ABSENT: EXCUSED:
Robert Johnson None William Anderson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion carried.
TH - ROGER SCHMIDT, 880 B O ~ AY, MUSKEGON
Roger Schmidt atten the meeting, and stated that s address is 880 Broadway. This
is a fire case and permit s pulled in '98 but no · spections. Mr. Schmidt stated that
work is being done. Nielserr ade a motion, s ported by Johnson, to give Mr. Schmidt
60 days (after inspection repo as generat to pull a permit, submit a timeline and
have the work done. A roll call v
AYES: NAYS: EXCUSED:
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion c
.-\rflrm1H1ve Action
6 I6/72--1-6703
.-\ssessor
616172--1-6708
Cemetery
6161724-6783
Civ1l Service West Michigan's Sborellne City
616/72--1-6716
Clerk
6 l 6i72--l-6705
October 28, 1998
C..'-l. Services
616172+67l7
Guadalupe Loera
Engineering 1968 Dyson
6 !61724-6707
Muskegon, MI 49442
•
Finance Dear Ms. Loera:
6161724-6713
SUBJECT: 497 Catawba
Fire Dept Muskegon, Michigan
6 16172+6792
On October 27, 1998 the Muskegon City Commission voted to
!nt:ome rax
,, 16/724-6770
postpone for thirty (30) days consideration of this
department's request for concurrence in the determination of
the Housing Board of Appeals that the subject property be
Inspections demolished.
616/724-6715
At that time, the Commission will evaluate the progress you
Leisure St'r\'ice have made in repairing your house before making a final
1; 1bi72-H704
decision. Please remember that you must obtain all
necessary permits in order to undertake work.
\lanai,:er'--; Office
(j!6172--1-6724
Should you have any questions concerning this matter, please
do not hesitate to contact our building official, Jerry
\lavor·~ Office McIntyre, at 724-6715.
616172--H:i?Ol
Sincerely yours,
l'!anninwZonm.g
Ii lli/724-6702
Pollce Dept. Daniel Schmelzinger
H161724-6750
Director, Neighborhood
l'ubllc Works
(i161726---1786
Treasurer
!i lli/724-6720
Waler Dept.
li16i72--l-6718
City of ',!uskegon. 933 Terrace Street. P.O. Box 536, Muskegon. Michigan 49443-0536
Date: October20,1998
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Findings and Order for 497 Catawba
•
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 497 Catawba is
unsafe, substandard and a public nuisance and that it be demolished
within thirty (30) days.
It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A dangerous building inspection was conducted in April of 1998
following a referral from the housing inspector who had been working
the case since 1995. During that time the house had continued to
deteriorate and was found vacant and unsecured at the time of the
dangerous building inspection. Shortly after the Notice and Order was
issued a relative of the owner contacted NCS and asked what needed to
be done. An interior inspection was later scheduled for May 27 but the
owner did not show up at the designated time.
<
Since no work schedule had been submitted and no repairs had been
made, the case was referred to the Housing Board of Appeals on June
4, 1998. No one appeared at the meeting to contest the department's
recommendation that the structure be demolished.
At the owner's request, another inspection was then scheduled for July
15 (findings attached). On August 18 the owner contacted NCS and
said she would bring in a work schedule the following day. No schedule
has been received to date.
It is estimated that the cost of bringing the property into compliance with
City codes would be in the range of $15,000 - $19,000. Property taxes
for 1996 and 1997 are delinquent.
Minutes of the June 4, 1998 meeting of the Housing Board of Appeals,
the findings of fact and order of the Board dated June 8, 1998 and the
findings from the April 6 and July 15, 1998 inspections of the property
are attached.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
October 26, 1998.
HOUSING BOARD OF APPEALS
JUNE 4, 1998
PAGE2
ess we would not forward this case to the City Commission. Greg Borgman ma
upported by Boyd Arthur, to declare the structures at I 072 Getty to be._---e,
Cllll,.i.Pu,blic nuisance and forward to the City Commission for co nee. A roll call
vote was taken:
AYES:
Greg Borgman
Randy Mackie
Fred Nielsen
Robert Johnson
ClintTodd _J~P'"
Boyd
•
NEW CASES:
#98-22 - 497 CATAWBA - GUADALOUPE LOERA/FRANCISCO SANTOS
1968 DYSON, MUSKEGON, MI.
The owner did not attend meeting. Dan Schmelzinger said that we have had some contact with
Ms. Loera She wants to make improvements but has not pulled any permits. Staff
recommendation is to declare the structure as a dangerous building. Robert Johnson made a
motion, supported by Randy Mackie, to declare the structures at 497 Catawba to be unsafe,
substandard, a public nuisance and forward to the City Commission for concurrence. A roll call
vote was taken:
AYES: NAYS:
Greg Borgman None
Randy Mackie
Fred Nielsen
Robert Johnson
Clint Todd
Boyd Arthur
The motion carried.
\ f f l ~ .'\cti011
~-:.;703
MUSKEGON
-
Ii 16172+6708
, :,·mrtm·
1)1fiii2-Hi7H3
t:lvil Service West MldJl8RD's Sblll!:llne (lf3<
,il&72-t-6716
MUSKEGON HOUSING BOARD OF APPEALS
Clert
,;, 6H2<•6705
DATE : June 8, 1998
CASE: #98- 22 - 497 Catawba (all structures)
c ..'t :">er.•ices
ill0/72-t•Oili
Guadaloupe Loera/Francisco Santos
1968 Dyson
F:n~neenn~
Ii 16172-Hii07 Muskegon, Mi. 49442
•
Finant't'
FINDING OF FACTS AND ORDER
tiltiJi2Hiil:I
The following action was taken at a session of the Muskegon Housing Board of Appeals
!:irt' Df"lll. held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4m of June, 1998.
,JH:7'..!1-,;1 112
The Neighborhood and Construction Services Department of the City of Muskegon, having
:ncomr ra.'(
1, Itili2-Hffi0
inspected the building structure located upon the property described as sub-division of
Block 95, Lot 22 also known as 497 Catawba found the conditions listed on the attached
Jages ~xist md :hat :hese ~onditions :ire '.mzardous as defined in Section .l-:'.3 of the Code of
~,,;-, .. -,:,~
·'" ;~ ;.,, 7 l."i
Ordinances.
The Board further found that these conditions exist to the extent of endangering life, safety
.,,•1snre :-iel'\icc
,; i ti, 7'.!.-J•t) 70• and the general welfare of the public.
·.1am.1'1.er,; !Jfficc
Therefore. in accordance with Section 4-25 of the Code of Ordinances, the structure is
•1lti172~•1ii21 declared to be unsafe. substandard and a public nuisance.
'.l;i\or s OHirc It is, therefore, ordered that the owners or other interested parties take such action to repair
•ilti172-l-fi701
or remove said structure, or appeal this order within 20 days of the receipt of this order.
:
1
1ao11inw/.omnE: It is further ordered that if the owners or other interested parties fail to repair or remove said
·110/72 • -ti702
structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and .remove said structure.
:'olice ()~pt.
1 1\tili2-H7:'i0
l'UDUC Wort.s
fi]ti/7264786
l'~osurer
!\ 161724-0720
Wald' IN.pt.
(i\61724--6718
DAJ.'1/GEROUS BUILDING INSPECTION
497CATAWBA
. 4/6/1998
APPROXIMATELY 20 FT. X 40 FT 2 STORY WOOD FRAME UNOCCUPIED HOUSE.
I. FRONT STEPS DETORIOTING AND FALLING APART.
2. WINDOWS BROKEN
'~- FRONT PORCH FLOOR SAGGS
4. SIDING ROTTED WITH OPEN HOLES
5. REAR STEPS ROTTED.
6. FOUNDATION LOOSE WITH OPEN HOLES
7. BUILDING IS UNSECURED
8. ANIMALS LIVING IN HOUSE ,
9. SECOND FLOOR DOOR WITH OUT LANDING OR STEPS.
•
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
Ai"ID/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
11
,0 j)j I
1//c. /9,}
•
G~GfiooD, Bu1LDrNG rNSPECTOR DATE
DANGEROUS BUILDING INSPECTION
INTERIOR INSPECTION
497W.CATAWBA
JULY 15, 1998
PLUMBING/MECHANICAL/BUILDING
1. Paint peeling throughout house.
2. Holes in walls throughout house.
3. Front bedroom door is broken.
4. Kitchen has been gutted (plaster has been removed from walls and ceilings).
5. Draft stopping missing.
6. Furnace must be certified safe for operation licensed mechanical contractor, or be
replaced.
7. Pipe missing on pressure relief valve for water heater.
8. Gas piping for water heater improperly installed.
• 9. Storage area under stairs must be drywalled.
10. Smoke detecors required per CABO One and Two family dwelling code.
1 I. Stairs must be repaired.
12. Guardrails on stairs must be repaired.
13. Handrails missing on stairs.
14. Bearing wall in upstairs of building has been removed.
15. Bathroom floor partially rotted.
16. Plumbing must be replaced or repaired throughout.
17. Bathroom outlet is not GFI protected.
18. Light fixtures throughout house are incomplete.
19. Doorway on second floor has no landing ( 15 ft. drop)
20. Add switches for lights in each room. (Note: wiring throughout house is in poor
condition.)
ADDITIONAL EXTERIOR DEFECTS NOTED:
I. Window sashes and frames and rotted and falling apart.
2. Roof and ceiling on rear porch is rotted and falling apart.
Commission Meeting Date: February 8 , 2000
!Date: February 2, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amended Purchase Agreement - Lakes Building
SUMMARY OF REQUEST:
The Holiday Inn - Muskegon Harbor has requested the City of Muskegon to amend the
original purchase agreement for the acquisition of the former Lakos Restaurant Building
located at 428 W. Western Avenue. The original purchase agreement was approved
by the City Commission on December 14, 1999. The requested changes are
summarized in the attached memorandum.
FINANCIAL IMPACT:
Additional property and income taxes will be captured as a result of this project.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached amended purchase agreement for the sale of the former
Lakos Building to Muskegon Hospitality, Inc.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review this request at its meeting on February 7,
2000.
2/2/2000
MEMORANDUM
To: Honorable Mayor and City Commission
From: Planning & Economic Development
Through: Bryon L. Mazade, City Manager _ __
Date: February 1, 2000
RE: Amendment to Lakos Purchase Agreement
Please be advised that the following are the requested amendments to the original
purchase agreement (approved on December 14, 1999) between the City of Muskegon
and the Holiday Inn - Muskegon Harbor (a.k.a. Muskegon Nights, Inc.).
Original Amended
Construction Timeframe: 12 months 18 months*
Demolition of Existing Structure N/A 150 Days
Construction Conditions Fac;:ade Construction
Restrictions Removed
Buyer of Subject Property Muskegon Muskegon
Nights, Inc. Hospitality, Inc.
* - The requested extension of the construction timeframe also included a provision
providing up to an additional twelve (12) months (for a total of up to 30 months) in case
of unknown environmental conditions, hold ups in governmental approval processes
(i.e. liquor license, site plan approval, etc.) or other unexpected circumstances.
212100 2
AKRAM NAMOU CPA @003
01/31/00. MON 15: 25 FAX 2485572952
JAN-27-00 Tflll 11 : 58 AM HOLIDAY INN FAX NO. l 6!67:!25L · P, 03
' 1a,09 :,,I.X
011251110 [el 02
2000-23(k)
REAL iESIA,]l; PURCHASE /1.GREE)\fe:J[.
: THIS AG~EEMENT is ma.de FAbruary 8 , 2000, ly antl biil,.,,.,11n CITY OF
.MU~.la!GON, a 1~unicipal COtJl<ltal~, with offic1Js at 933 Temice-, Mt.mkeg :i:. Mich!gnn 49440
("Sel),:r''), and MUSKEGON l'jlfflITS, INC., of 939 Third Strw. Mmbil;H .., Michlaan 49440
CButM"). . f.Jo'.:. fr'T/11.,rrf ..
! 1. ~ ,enl &,meement and Den;dntiirin of Prem inc,- Sdl~.r ilJ;'l n:11s to sell, and
Buyo/· agree., to buy, marketable record title ofi:eal ~fate, and all iti1prov,~-::n!, thereon, with all
b1mefficial easemer l!!, and with all of Seller's right, litle and interest .in all arlji:r :Ing public ways,
the re1,u property commonly known as 428 w. We:Jf:cm Avenu~. M11ske1pn.:r-! chiean
(''Prel'niscs"), and 1pecifica!ly described as:
Lor 8, EXCEPT the Ea!!terly four inc,bes !hereof, and all efL11i,, },
10 ind 11; also Lqt 12, EXCEPT th~ Southwesterly ii/I Otr,s oJ .. 1
· foot, of Block 566 of the Revised Pliit oflhe City of';1'{usk1f!\cir,
Subjel:t !O the r<?se1vations, restrictions and ell5!:me111s ofrecord, provide(j sak I ilServations,.
reslril'tions and cM ements of record are acceptable to Buyen1pon di scloi;, lie ;n,, I review of the
same, 1illld subject t~ llllY governmental inspections required by law. ·
2. hr rna•P Price ,,nd Manner of l'pymcnt. Th~ pure hase pri~,. : :,r the :Prenuses
shall ,>C Thirty Five, Thousand Dollars (S35,000), pa,yabl,:, as fol10W11: ·•
Fifu,en Thousand Dollan; ($ !S,000) :;hall be paid to Huy=i: in :i:i, dficd funds at
elcs ng;
The balance ofTWenty Thowand Dollars (S20,000) ,hall be·pt1,: in two payments
of Tm Thawand Dollars ($10,000) ca.ch, on the anni•1ersaiy &·,: and the SllCQnd
anni oers&Ty date of the closing, Balances due from tine to Urik Juul accrue
interest, compounded monthly, at 6% per annum. l3uy11r shall:I.',1,,:cute a.Land
Cone rad in the fann attached to !his Agreement tefle.:tingihcid,:I payment
ammgement (Exhibit A). The Land Contract shall e111 ry th" co\1:Ltions and
inde: nnity proviaions set forth in this Agreemenr.
i 3. . :[p,:., ond A.ssessmepts. All taxes :ind assessments which are 'ue and payable
~t the i,im.~ of Closiug shall be paid by Seller prior tc, or Ill Closing, i\Jl taxes-a:,;\ special
assessi11ents which ,ei:eme due and payable after Closing shsll be th,: re,rr;on~F [ity of Buyer.
i .
j 4, Iifu.Jiwu:!u:u:;. Seller agrees to delivl!T to Buyer's ,l':tomey,, lie:·. (JO) days prior
to dos[llll, a commi !lnent fer title insurance, issued hy Tmnsnatlon Tide InsttiE.H,::e Coinplllly, for
an amtj,unt not less lhan the purchase price stated in this Agreement; c1uar.a.~te~b::: title Oil the
condilfons required herein. ln the event the reservations, restrictions or eEiGel'!i;:.;i,:s of record
disclosie,d by said tit e colllllli!ment is, in the sole dis,::retlon ofBµyer, d~c,hed-vseasonablc,
Seller i,;1all have forly-five (45) days from the date Seiter is notified in wr' lino:,: rsuch
'
•l •
01/31/0~ MON 15:26 FAX 2485572952 AKRAM NAMOU CPA @ 004
JAN-27-00 THiJ '.I: 58 AM HOLIDAY INN FAX NO. l 8167;!251 · · P. 04
Ol/25Auo ll: oo FAX
J...,,..,~, "'°""''oo '"' w,h _.,...,ilify of ml,, • _.,L, , ,...,;:
Sell~r resolves su,h restrictions and remedies !he title (by obiainint satir;facfr r.• title insurance or
olhc~wfae} within the time specified, Buyer agrees to complete this sale ts he:·•: 1n provided,
ff
Wi1h/n len (10) da:1s of written l!l)tification thereof. ff Seller fails tr, reso.\v,a:z.,..fi resuietions or
remei:ly lhe title w .thin the time above spl'Cified or fails to obtain satlsfa,;(ot:i' d ,:le insurance, this
A@r~:ment will be terminated at Buyer's option. The premium for I he 0M1er1. , itle policy shall be
paid j:,y Buyer.
'
i
5. hi ll!!J,\al Property and fm:vw. All personal properly an,fl, , tuxes which Seller
wishj,s to remove :hal I be removed on or befon: C!asmg. The part!~s are aviw, that Buyer
intends to demolish the building. Any :persoillll property Which ls kft oti the, F1::mises shall be
the p '-ilperty of Bu tet who may dispose of same.
6, Su,~. Buycratits ovm expense may obtain a survey ofthd , ,wises, and
Buye,: orits surve) or or other a!lenui may enter the Premises for 1ha•: purpoim ;:wior to Closing. If
no su/rve.y is obtair ed, Buyer agrees that Buyer i9 relying solely upot1 Bu~er's: "" 'Ill judgment M to
the lqcation. boundaries and area of !he Premiaes and improvementi therm:,n ,.+,bout l'l!gard to
any r,j::prcwntatioru: !hat may have been made by S~l!er or any other pe.rs,in, li, :b.e event that a
,urvej, by a registe :ed !and sl!l'leyor made prior to dosing discloses an ~,orti:~ ,. : 1mcnt or
substjmtinl variation from the pteswncd land boundaries or area, Seiler sha!IJi;;,,·e the option of
effee1ling a remedy within thirty (30) days after disclosure, or tenderng EieJY~i''· :!eposit in full
tenni11ation of this Al!rCement, a!ld paying the cost ,of such surt>ey. 3uyel' ma: ,)eel to purchase
the Pi11mises subje·:t to said encroachment or variation.
7, En, lronmcntal Matr~. Seller represents end wan ants to Pu:; [:iaser llS follows:
a, To the best of Seller's knowfode;e, the Premis1.is ha1·e ~~,,r·, used and
operated in compliance with all applicable ft::dcral, state and local!avis : ,id regulations
r1:lated to air quality. water quality. waste dfaposal or managr,meni, h:i;:.1:dous or toxic
subs!llnces, 011d the protection of health and the en'llironmenl.
. b, Seller has not diSDosed of any hazardous or tc;,:ic snbsti ,i,:,es on or in the
! Premises atd, ta the best of Seller's knowledge, the Pre.mises and :he ir·:,'il!ldWater
beneath the Premises is free from environmrntal contamination of an;, ,,:,nd.
t c, The PfCmises does not include any "undere;roiind sforag,. iank," as that
! tenn is defu 1ed by state or federal law. ·
i
Such repres intations and warranties shall be deemed to have been: mai:h: ,1gain by Seller
a,iof the Closing. '.lie rcoresentations, wammties and covenants set forth in fl'.• paragraph shall
survi ~~ the Closing.
i a, Condition of Premises and Examination byBgyer, NO:ll'l1l?L:ED
W.A!<Jl.ANTIES Ol' HAB!TABlLITY, QUALITY, CONDITION, FlTNEBS FiJRA
PARrj[CULAR PU :<POSE, OR ANY OTHER IMPLIED WARRAf.1'IE:i SH\ ::..L OPERATE
BETW.'EBN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES.,-,; ,/Y AND ALL
'
'
G;ICOMMO\ns..-.T~ I .063,fl'A -2-
01/31/00 MON 15:26 FAX 2485572952 AKRAM NAMOU CPA lii!005
JAN-27-00 THC 11: 58 AM HOLIDAY INN FAX NO. 13187'.'.251 l P. 05
01/23/!lO la: 09 :,,u: @ 04
,uJ IMPLIED .,AAAANTIES BUYER UNDWTANDS ..,,,, AGllllE I""'T nm
PREMISES ARE TAKF.N "AS lS,11 SUBJECT TO THE EXPRESS COV8JIIA • TS,
coNijrmoNS AN DIOR EXPRESS wARRANTIES C0NTA!NED !N THIS YIJRCHASE
AGREEMENT, AISO SUBJECT TO THR WARRANTY OF BUY BR TH.AT :.ro
HAZA:RDOUS SU3STANCBS HAVE :BEJ;N PLACED ON THE PREMISE!: IY THE
SELLi,R. BUYER RJRTHER SAYS THAT IT HAS PERSONAIJ,Y INSPECTED THE
PRJ:tl\-j1iSES AND Is SATTSFIBD WITH THE CONDITION OF THB U~N'D, I ND THE
BDILmlNGS AND IMPRO\IE1,ilENTS TiiEREON, AND THAT THE PltOr;;?.TY IS BEING
PURCHASED AS , RESULT OF SUCH INSPECTION AND INVSSTIOA'IH IN AND NOT
DUE to ANY REl'RRSENtATIONS MADE :By OR ON BEHALF OF ~EC:, :iR..
auvJR FURTHEl'. AGREES TO INDEMNIFY AND HOLD TilE SELtER HARMLESS FOR
ALL Q'OSTS, A11'1 )RNEY FEES. Fn-.!ES, PENALTIES OR O'!'.HER EX?ffii.J': :lS WlllCH
MAY ]BE SOUOHT FROM SELLER BY REASON OF 'I1tE ENVIRONlv!ElVI AL
coNijmoN OF THE PRBMISES, BUYERACKJoJOWLEDGES '!'HAT TR: .SBLLERHAS
NOT U"HYSICALL·r OCCUPJED, USED, MAINTAINED OR rMPROVlID 'H'B PREMISES
SJNCJj; IT RECEIVED THE TITLE IN EXCHANGE FORA DEBTDUll ITL,OM BU\'Ell'S
PREDl3CESSORS :0AR IN EXCESS OF TIIE MA.F:J<ETV ALUE OF TEE PK:::MISES,
BUYER FtlRTHEt'. ACKNOWLIIDGES THATTI!E SELLBRIS CON\'EY'J:, GTHE
PREMCSES FOR A PR1CE STJBSTANTIALLY LESS THAN THE APPRAJ!,JT::) VALUE,
AND 1'RE AGREEMENT TO !NDEMNJFY AND HOLD SELLERHARMl'LL::S, TOGETHER
WlTHilJTHER AG R.EEMENTS FOUND IN TIIlS CONTRACT, IS PART a: f'HE
CONS':DBRATIO?\ AS A RESULT, ··
1
9.
' Cou,lition: To Construct Improvement,,. Buyer a,.Jmowlc:ilt,i, that, as part of
the cQJJlideration in .lring to the City, and as a contlitfon of this sale. lluyershlll: ,onstruct on the
premisiss a building and all hnprovements within cigh!cen (111} months of1h~ i!:: ,iing: ofthls
lransacitloi,, The bu.lding and all improvements shall be qualified foi the issliilrn ·e by the City • f
a CertiJ:icate of Occupancy or Compliance by that t!rne and, in the ev,·,r,,! Ui.1.t }.;a,, .ilot occurred,
the _prokiertr and all improvements then instaJ!ed shall revert in title tu r.he·:City, dlhout any
eomp,:i1sation or credit to Buyer, In the event the said completion da:,:e c&1110H,;· met by Buyer
for reai,,ns beyond the conb'ol of Buyer, such as environmental or goverrui1entL' ;•eiuletor:Y
orders 11\'hich aetuall y delay constructiol\ (not caused by buyer), Buyi.r !rut)' lUj, ,':st, in writing, llt
leMt ~irty (30}, but no more than sixty (60), days before the end oftte saM eii1L·13en month
i,eriod,!llll extension of time for said colllpletion, giv;ng the reasons therefor ai,< ::eek.ing an
extensibn for no lon:er than 12 addition.al months, (for a total ofno nore tluiii :::i:- months), The
city shJ:ll not u=aiDnably refuse the request, The covenants in this fil!agnph ,. ·.ill s:umve the
olosin~ and run Witfi the land,
I As fu ether condition of this Agreemen.t, and subject to the xiivetsk n above, Buyer
shall cd11struc:t the ~Hid building and all improvements havino. the folbwitiil sfa·: ,ural and
appeadi1ce charaete: isties:
9.l The building ,hall have e. heie;ht equal to the p,evailint,'h.,::;;:ht of
neighboring buildings, to be at least twenty fee·: at the mi ,. building
line.
-3-
AKRAJI NAIIOU CPA lil!006
Ol/31/00 !ION 15: 27 FAX 248557 2952
JAN-27-00 TH!U 11:59 AM HOLIDAY INN FAX NO. 6187225 I :J P. 08
Ol/25/on. 1:!;00 :FAX lil!06
.- .
9 .:! The building shall have a fmnt building line at !hi sail:··! depth as
rteighborlng builduigs.
9.3 The building presently ori thie premises shall be dmioli,: ,ed and legally
' disposed ofwithin 150 days after the closine.
I lO,. R.e ,I E.t11te Commfasion. Btiycr and Sellei: both admo,,ledj;F :md agr-o~ l:b.at
neiJ~r has dealt 1,1,ich any real estate agents, brokel's or salesperson:; reglirdi."11: :iris sale, and that
no ad·•mt. broker, alespcrson or other party is entitled to a real esta1e ~oriunis;/ :in upon the
closli1g afthis sale. Buyer and Seller both agree to indemnify and 1'.old rJ1e 11fr ·r hllrlllless from
any 1/;lbi!ity, inch.ding reasoruible attorney fees, oc,:asioned by reas,:in of an.\i yyrson or entity
asse]':ing a claim f;r a real estate commission arising from actions Uken ·1y tb: ,~ther party.
I I. Cl• slng. The closing date of this sale shall be on or before .;:_ ,----,----'
2000/"Closin~"). The Closing shall be condur:tccl ~t the closing ofli.ce ci:fTim, :lllltion Title
lnsurjmcc Compar.y in Muskegon, Michigan. Ifne,:essery, the parties shnll ~i:: ::ute !Ill m.s
closil(ig report at the C!osine, ·
j 12. De!lvell"\' of Land Co11tract. Seller shall execute m:,d deliver:>~ Land Contract
(BJibit A) to Buyer at Closing. .·
13. llJl.ie of Pomsession, Possession ofl'rcmises is to be ddiwre,f ':· Buyer by Seller
on th: d~tc of Closing. .
! 14. Coa !:,!. Seller shall be responsible to pay r.h.e Michigtn !f!li-tsfcr •;,.x in the amount
r~quiri:d by law. S ,lier .shall be n,sponsiblc to pay for the =rding of aiiy ii,r:nnncnt whieh
must 1,e recorded t, 1 clear title to tha extent required by this Agreem,,nt. lluye · . hall pay for the
cost o'J' recording tl .e wamwty deed to be delivcri::d .,t Closing, and, as sta·:ed ii' we, the title:
insur1·•1ce premiun,.
15. ~TI !!ml Provi!iions.
, a. Par&1lJ'lilb Hea.dings. Toe paragraph headings an, iniu,,•'.ed in this
: Agreement )n!y for convenience.
b. Pronouns. Wh~n applicable, pronoUll3 and rl:lativo WO' : •; shall be read as
plural, fcmhine or neuter. ·
, c. Mere-er, It is understood and agreed that all 1rnderst.uiff :,:;s and
t agreements ?tevioll!lly made between Buyer and Seller are m~rged intb ids Agwement,
\ which alone fully and completely expresses 1he a!ll'eement of the p ,rtfo,.
d. Governiui Lmw, This Agrec;mcnt shall bQ in,crpr,:'!'.e,fu . l'. enforced
pursuant 10 I he laws of the Stare of Michigan. ·
j
G':\c:0/IIU ,Ull.\1.r.Q~lES'NA ~:I PA • 4-
01/31/00 MON 15: 23 FAX 2485572952 A.'!RAM NAMOU CPA /gJ 007
FAX NO. W167;!25i:, P. 07
JAN-27-00 THUi 11: 59 AM HOLIDAY INN
01/25/jcio 13:09 ~AX liiJ 06
e. Suecesaorg, All tern:1s and conditions of this ,'\.gre~mei:i: ,hall be binding
u1,on the pa ties, their successors and assigm,.
f. Sovenbiliey, In case any om: or more of the provi!-icns : ,mralned in this
Agroement ;hall for any reason be held to bf in.valid, Ulegal, or ur1~nfo·: :,able in any
rcsi,cct, sue·~ invalidity, illegality, or unetlforceability shall ncit ilfl'ocl on?· other provision
of this Agreement, and this Agreement shall be construed as ifsu.ih iti1,i .id, illegal, or
uuenfon:•al 1Ie provision(s) had never been contained herein,
C, Survival ofR2presenlafions and Warra11tits. T!-.e·iepnsentatioru,
warranties, :ov@nants and agreements contai~d in this Aa:rci:men.l a:ad ., any illstramen!
; provided fo:· herein shall survive the C!osine and eontlnue in full force .. .-,d effect after the
! consummat'on ,;,fthis purchase and sale and continue until all liabilitiil!, ,,(Beyer have
· been fully satisfied. ·
. .
j h. Modification. of the Agreement: No other Agreet.U!it 'This Agrc=mcnt
I and the Lan,l Contract shall not be amended except by a wrilinr silil'11i(i >,y Seller and
i Buyer. The:a is no other agreelllent, 11xpress or implied, beN·een fae .~,,des except this
' one and the Land Contract which will be signed at closing.
\ The parti=s '.iavo executed this Real Estate Pnrchase A!i:r,;,emmt tfo, dtiy u1d year fust
above iwritten.
WlThl!ElsSES:
SELLER: CITY OF MUSfCE(>N
By_~~~~.'~--~ e,.;
Fred J. ~ids , 1,. ~yo/ •.
By_ L .~-:·94:1.J
Gail A. Kund.inge r, Cfork 0
t\/2:15,' >Th1 i'/
.,, BUYER: MUS'l(E(};)Nlife:'if.l'i, INC .
By - ,APCJt'(?<'l.4.;~:.". Jfai6hv.;
It.•-· ftl:P; .:::~ . - - - -
TID No.-----·---···----
Dra.fl.e~J by: Business Address: .
PARMENTER O'TIJOLE 175 W. Apple: Avenl)e, P.O. fk1. 786
BY: G/ Thomas Johnson Muskegon, Michigan 4944 3.(), J;j
-s.
. Muskegon Lake
Commission Meeting Date: February 8, 2000
Date: January 21, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developmentw
RE: Sale of Non-Buildable Lot on Marquette Avenue in Jackson
Hill
SUMMARY OF REQUEST:
To approve the sale of the east 57 feet of the vacant non-buildabe lot designiated as
map number 24-31-20-181-009 to Linwood Lee, and the west 20 feet of the same lot to
the Jackson Hill Neighborhood Association. The subject parcel is adjacent to a duplex
that Mr. Lee currently owns. The parcel has 77 feet of frontage and 66 feet of depth.
The duplex has been vacant for at least a year. Mr. Lee plans to fix-up the home
(painting and other minor cosmetic repairs) and sell it. A building permit for
approximately $15,000 of repairs was obtained by Mr. Lee on November 22. Staff
recommends approval of the sale contingent upon completion of the repairs. The deed
will be held until the repairs are complete and have been reviewed by the Inspection
Services Department. The neighborhood association wishes to use their portion of the
lot to maintain the area where their neighborhood sign is currently located.
FINANCIAL IMPACT:
The sale of the parcel will allow the property to be placed back on the City's tax rolls,
thus relieving the City of continued maintenace costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale with the aforementioned contingencies, as well
as, authorization for both the Mayor and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
The LRC endorsed this sale at their January 18 meeting.
1/21/2000
Resolution No. 2000-23 ( 1)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A LOT IN JACKSON IDLL FOR $100.
WHEREAS, Mr. Linwood Lee would like to purchase the east 57 feet of the non-buildable lot
adjacent to his duplex located at 319/321 Marquette and has deposited $50 for map# 24-31-20-
181-009 located on the comers of Marquette and Erickson Streets;
WHERAS, the Jackson Hill Neighborhood Association would like to pmchase the west 20 feet
ofthe non-buildable lot described as map# 24-31-20-181-009, and have placed a $50 deposit;
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, the repair of the home and subsequent sale would be in accordance with existing
City policies and those of HUD, concerning the disposition of Urban Renewal lands;
NOW THEREFORE BE IT RESOLVED, parcel# 61-31-20-181-009 be sold to the above-
mentioned buyers with Mr. Lee's portion contingent upon cosmetic repairs as recommended by
staff.
(Lot 1 EXC ELY 55 ft & N ½ Lot 2 BLK 141)
Adopted this Btb day of February, 2000
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on February 8, 2000. ~ _ ~ -
By: a.J_ ~
Gail Kundinger, erk
~·
l>j
./!
~
A /::)
rlrce,~
67•J7
@ t '<0.781.009
"1'1r9,,,,ft,,
PARCEL Selection Sets
~ BIICommercial/lndustrial:1
l>j
.llll!Tax-Reverted:1
f" all!Urban Renewal:1
.& c::JNon City-Owned:3
o" jcc;c;;;;njGovernment:1
R11Park/Recreation
0 70 140 210
Feet
CORRECTED QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to Jackson Hill Neighborhood Association, of293 Erickson, Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
The West 20 feet of Lot 1 Block 141 of the Revised Plat ( of 1903) City of Muskegon.
for the sum of Fifty ($50) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this /0th day of May 2000
Signed in the presence of:
CITY OF MUSKEGON
; ;P 6 erc1,n I< ci.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instmment was acknowledged before me this Jf1l!i. day of May 2000, by FRED J. and GAIL A.
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf
of the City.
PREPARED BY:
G. Thomas Johnson
Patmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 9 - al!:, - O ,;<
Muskegon, Ml 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
CORRECTED QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to Lynwood Lee and Louise Lee, husband and wife, of 3735 Highgate, Muskegon, MI 49441
The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
The East 57 feet of the West 77 feet of Lot 1 all in Block 141
of the Revised Plat (of 1903) City of Muskegon.
for the sum of Fifty ($50) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA
207.526 Sec. 6(h)(i).
Dated this /0t h day of May 2000
Signed in the presence of:
CITY OF MUSKEGON
t,ndt1 /btr~r
By ~~e~
and"__[
~F-·e_d_J_._
: ~ i_O--"e'-11,
_;,__!
' _s_,a
t
_y_o.,~;;,_ _c..,J_,U
==--
C/4;9u Qt&zdt,<Y7r0-
,Gail A. Kundinger, Its Clerk d
11nc; ,'( /Se,-d I r7 i:'c.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this /(}fl, day of May 2000, by FRED J. and GAIL A.
KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf
of the C ity.
PREPARED BY:
G. Thomas Johnson i/ndci s. /'otrf'r
Parmenter O 'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 9 - cil S-- CJ~
Muskegon, MI49443 -0786
Telephone: (231) 722-1621 When R ecorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
law offices of I PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 728.2206
January 14, 2000
Mr. Bryon L. Mazade
Ms. Gail A. Kundinger
City of Muskegon
City Hall
Muskegon,MI49440
Re: Penalty Increases for City of Muskegon OUIL
and DWLS Ordinances to 93 Day Misdemeanors
Dear Bryon and Gail:
Enclosed is an ordinance and notice of adoption restoring the correct penalties to the OUIL, etc.,
ordinances. I am hoping these can go on the agenda right away so that we can publish and have
them effective as soon in February as possible.
Also enclosed is a copy of my letter to Judge Nolan explaining what is going on. You can see
how the idea of adopting the state motor vehicle code will not fly. If we do that, the comt's
computers will process everything by the statute ("code") numbers, and because of the computer,
we will not get our notices or our revenue for the ordinance cases. They will all go to the state.
!
'
Yours truly,
G ~ on
irect Dial: 231. 722.5400
'Fax: 231. 728.2206
Internet Address: gtj@parmenterlaw.com RECEIVED
GTJ/mh JAN 14 2000
MUSKEGON
cc. Ed Griffin
CIIY. MANAGER'S
Tim Paul OFFIC~
G. Thomas Johnson John C. Schrier Anno K. Urick OfCounsel Retired Paul T. Sorensen
George D. Von Epps Christopher L. Kelly Jennifer L. Hyllond Thomas J. O'Toole Robert L. Forsythe 192().1966
John M. Briggs, Ill Lindo S. Koore Philip M. Staffon Eric J. Fouri Arthur M. Rude George A. Parmenter
Michael L. Rolf William J. Meier Scott R. Sewick 1903-1993
Harold M. Street
George W. Johnson Keith L. McEvoy Cyrus M. Poppen
W. Brod Groom Jomes R. Scheuerle 1903-1996
G·\COMMON\ILH\0Ull•9J LTA
lawof/icesof I PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 728.2206
January 14, 2000
Honorable Michael J. Nolan
Chief District Court Judge
Muskegon County Building
990 Terrace
Muskegon, MI 49442-3357
Re: Penalty Increases for City of Muskegon OUIL
and DWLS Ordinances to 93 Day Misdemeanors
Dear Judge Nolan:
As you are well aware, the City has been unable to charge violators under the OULI/DWI and
DWLS city ordinances because of a conflicting charter problem. The legislature has recently
passed a package of bills to remedy this problem, granting home rule cities authority to prosecute
93 day offenses despite city charters that limit prosecution to 90 day offenses. An ordinance will
be forthcoming accomplishing that.
The package of bills also allows municipalities to incorporate the Michigan Motor Vehicle Code
by reference. Due to the fact ordinances must substantially comply with state law, and because
of the legislature's fondness for semi-annual changes to the drunk driving laws, we investigated
the feasibility of simply doing that with the police department and Brenda Severeid. This would
create a massive project to set up the court's computers to distinguish such an ordinance from the
state law; so, for the time being, we are simply amending the "90 day" provisions of our
otherwise updated local ordinance ("UTC") provisions for the alcohol and suspended license
driving offenses. They will all read, when effective, 93 days, except in one section where the
state law currently has the penalty limited to 90 days (having to do with a truck driver operating a
vehicle ordered out of service).
To avoid another piece of paper, we will send the amending ordinance for the court's book after it
is passed, which we figure will occur January 25. Ifit is promptly published, it should be
effective around February 5, 2000. It will be a single sheet, amending several sections. We are
planning a separate codification of the city's traffic code, in the UTC format, soon. (This will
cost thousands.) For now, we believe we have everything the same as the state statutes to the
extent that the law allows.
G. Thomas Johnson John C. Schrier Anna K Urick Of Counsel Retired Paul T. Sorensen
George D. Van Epps Christopher l. Kelly Jennifer l. Hylland Thomas J. O'Toole Robert l. Forsythe 1920.1966
John M. Briggs, Ill Undo S. Kaore Philip M. Staffon Eric J. Fouri Arthur M. Rude George A Parmenter
Michael l. Rolf William J. Meier Scott R. Sewick 1903·1993
Harold M. Street
George W. Johnson Keith l. McEvoy Cyrus M. Poppen
1903-1996
W. Brad Groom Jomes R. Scheuerle
Because this took so much of the court's attention a few months ago, we wanted to keep you
informed o,f our intentions and activities.
YQ1,1rstiy,
Thomas Jo nson
ity Attorney
irect Dial: '231. 722.5400
F: . . 28.2206
Internet Address: gtj@parmenterlaw.com
GTJ/mh
/
cc: iryonMazade
Gail Kundinger
Ed Griffin
Tim Paul
G:'CO~OINLl1\0UIL•9l l TR
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2011
An Ordinance amending Chapter 20, Section 20-6 of the Code of Ordinances amending
the City's Uniform Traffic Code concerning the term of imprisonment for persons convicted of
operating a motor vehicle under the influence of intoxicating liquor or controlled substances or
while impaired, and persons driving while license suspended, revoked or denied.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The penalty provisions in the following ordinance sections of Chapter 20, Section 20-6 of the
Code of Ordinances are amended to state that the maximum term of imprisonment is 93 days:
I. Section 5.15 (5)(a)(i)(A)
2. Section 5.15 (5)(b)(i)(C)
3. Section 5.15(5)(b)(ii)(A).
4. Section 5.15(6)(a)(ii)
5. Section 5.15(6)(b)(i)
6. Section 5.15(7)(a)
7. Section 5.15(8)(a)(ii)
8. Section 5.15(8)(b)(i)
9. Section 5.15(9)(b)(iii)
10. Section 5.15a(4)
l 1. Section 5.15a(5)
12. Section 5. l 5k(7)
13. Section 5.15k(8)
14. Section 5.151(5).
15. Section 5.15m(3)
16. Section 5.15m(4)
17. Section 5.15n(l0)
18. Section 5.62a(3)(a)
19. Section 5.62a(3)(b)
20. Section 5.62a(l2)
21. Section 5.62e(5)
This ordinance adopted.
Ayes Siersdzki. Spataro. Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays None
G:ICOMMONIJLH\OUIL,93.AMD
Adoption Date: _ __,F...,,eu.b"""r""11a..,r...;yc...,,,B-,...,2'-'n,,..n,.,n_ _ __
Effective Date: --~M-ar""'c.,_h'---"'3_,__,2__.0,_,_0,.,,,Q_ _ _ _~
First Reading: --~E~e~br:~i~,a~r+y_R..,__,_,~2~~a • •~--~
Second Reading: _ _._.,,_.,___ _ _ _ _ _ _ __
Publish:,_ _ _ ___._F""eb.,,r,..uwa.._ry:;......,2_..2._.,---"'20..,Q.u.0,___ __
CITY OF MUSKEGON
By~Q~;,
Gail A. Kundinger, City Clerk
CERTIFICATE
This ordinance was adopted at a meeting of the City Commission, held on Eebriiary S,
2000. 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
G:\COMMONIJLH\OUIL-93.AMD
933 Terrace Street
Muskegon Ml 49440
City of Muskegon
Phone: (616) 724-6705
Fax: (616)724-4178
Fax
From: City Clerk's Office
di 21&
Fax: Date:
Phone: Pages:
Re: CC:
D Urgent • For Review D Please Comment • Please Reply D Please Recycle
•Comments:
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on g , 2000, the City Commission of the City of
Muskegon adopted certain amendment to the city code concerning persons operating a motor
vehicle under the influence of intoxicating liquor or controlled substances and covering persons
driving while license suspended, revoked or denied.
In summary form, the ordinance provides as follows:
1. The penalty provisions concerning violations for persons operating a motor vehicle
under the influence of intoxicating liquor or controlled substances, unlawful blood alcohol
content, operating a motor vehicle while visibly impaired by alcohol, zero tolerance, and
child endangerment have increased from 90 day misdemeanors to 93 day misdemeanors.
2. The penalty provisions concerning violations for operating a vehicle while
operator's or chauffeur's license is suspended, denied, or revoked have increased from 90
day misdemeanors to 93 day misdemeanors.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published cf - "t!f-- , 2000
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
G:\COMMON\JLH\OUIL-93.AMD
Date: January 25, 2000
To: Honorable ~~ a_.'1d City Commissioners
From: Ric Scott 1%4#
RE: Naming of the New Basketball Courts
SUMMARY OF REQUEST:
To name the new park with the basketball courts on
Southern Ave. Clara Shepherd Park.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Leisure Services Board Recommends approval
Affir111,1tin~ Adi1111
2J I /724-6703
FAX/722-1214
A."i!<- l'Ssor
23 l/7H -/,70R
FAX1726-5 18 1
Cl'ml'kry
2J I /7 24-6783
FA.\/7U,-5/, 17
( ·i\'il Servin~
23 I17 2-H, 71/,
FAX1724-4055 West Michigan's Shoreline City
Clerk
23 11724-6705
FAX1724-4 17H
Date: January 25, 2000
Cu111111. & Neigh.
Sl'n l l't'~ To: Honorable M::J?~J___:_ity Commissioner s
2J l/7H-/, 7 I 7
F,\\(/72/,-2501
From: Ric Scott /P~
E11gi11l't·ri11 g
23 117H-670 7 Re: Naming of the New Basketball Courts
F. \X /727-6904
Fi11a11cl.'
2J I /724-67 13
h\X/724-/,768 Vice- Mayor Sieradzki recommended to the Leisure Services
Fin· D t·pl.
Board that the new park on Southern Ave . be named
23 I 1724-(, 7'!2 Clara's Court . The current policy on naming parks
F,\X /724-/,9HS
requires that the Leisure Services Board review any
lnco111r r a:\ recommendation and then make a recommendation to the
23 I /724-6770
FAX/72 4-67/,8 City commission.
l11fo. Syslt'111s At Their meeting on December 20, 1999 , the Leisure
23 I 17!4-67-14
F \ '(/72 2-4311 I
Services Board recommended that the Park be named Clara
Shepherd Park, rather than Clara' s Court, so that future
Ll'i!<-llfl' .~wrvil'l'
23 11724-6704 generations would know who Clara was.
F.-\X/724- 11 %
Thank you for your consideration.
1
;\l;1 11ag.l.'r s Oftil't·
231l7H-6724
F.-\ '( /722- 12 14
1\ layor's Offo.:r
23 11724-67111
f,,\\(/722- 12 14
'ldg,h. & Const.
2] 1172-1-1,7 15
F. \ \/72/,- 25111
PI a 1111i 11g/Zo 11 i 11 g
23 11724-6702
FAX/72 4-6790
Polit.:c Dept.
23 11724-6750
F.\.\/722-5 140
P11hlit: \Vorks
23 1/72 4-4 IOO
l'AX/722-4 I RR
T n •a:,,11rcr
231/724-1,720
F,\'(/72-1-676X
Waler llilli11g Dcpl.
23 1/724-67 IX
F.\ .\ /724-/,768
\\'akr Filtration
23 11724-4 106
f.-\\(/7:,5-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: February 8, 2000
RE: Public Hearing
Spreading ofthe Special Assessment Roll
Spring Street, Wood to Delaware
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Spring Street, Wood to
Delaware, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMP ACT:
A total of $96,040.91 will be spread against the fifty-four (54) parcels abutting project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
This request will be reviewed by the Committee of the whole at the February 7, 2000 meeting
CITY OF MUSKEGON
Resolution No. -"""'2..,0a,0,,0c=--·<-25-..(..eaLll-
Resolution Confirming Special Assessment Roll
For Spring Street, Wood to Delaware
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 23, 1999 at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Spring Street, Wood to Delaware
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Aslaksoo, Benedict, Nielsen, Schweifl er,. Shepherd, Sieradzki,
Nays: - - - - ' = . . . . . . _ - - - - - - - - - - - - - - - - ~ - - - - - - - - -
City of Muskegon
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 8, 2000.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being FEBRUARY 8, 2000.
Gail A.
Spring Street, Wood to Delaware
MAYOR'S ENDORSEMENT AND WARRANT
I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE
THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY
TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKE.GON
BY ~ t~ ~ tvtd
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 ON THE 25TH DAY OF
JANUARY, 2000 THE CITY COMMISSION ADOPTED A RESOLUTION OF ITS
INTENTION TO CREATE THE FOLLOWING SPECIAL ASSESSMENT NUMBER AND
TITLE:
H-1492 SPRING STREET, WOOD STREET TO APPLE A VENUE
A COPY OF SAID RESOLUTION BEING ATTACHED HERETO; AND.THAT A NOTICE
OF HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF MUSKEGON ON
JANUARY 29, 2000. A COPY OF SAID NOTICE IS ATTACHED HERETO.
DEPONENT FURTHER SAYS THAT A LETTER OF NOTIFICATION WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTIES 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, WHICH SAID
HEARING WAS TO BE HELD ON FEBRUARY 8TH, 2000. THIS DEPONENT SAYS THAT
IN SO SERVING SAID NOTICES SHE CHECKED ALL OF THE ENVELOPES
CONTAINING THE NOTICES AND DID DETERMINE THAT THERE WAS A PROPERLY
ADDRESSED ENVELOPE FOR EACH PROPERTIES DESCRIPTION, AS SHOWN ON
SAID TAX ASSESSMENT RECORDS, AND THAT BEFORE SEALING OF SAID
ENVELOPES SHE DID DETERMINE THAT THERE WAS A PROPER NOTICE INSERTED
IN EACH ENVELOPE AND THAT THE ENVELOPES WERE THEN SEALED AND
DELIVERED TO THE UN1TED STATES POST OFFICE IN THE CITY OF MUSKEGON OR
DEPOSITED IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE O/ THE 28JH
DAYOFJANUARY,2000. ~ -~
- - - ' - - ---=--------,-----,-----;f:-:c=
GAIL A. KUNDINGER, CITY
SUBSCRIBED AND SWORN TO BEFORE ME THIS
IJJ't/2
DAY OF Ee Am BGf/ ,
2000.
a£ndo ~ - /Jo-lr£
NOTARY PUBLIC, MUSI<EGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-c;) .J--0 o<,
.\ft'in11ati,c .\,:Cinn
!J 1172-1-(, :113
I-T\/1!!-'121-1
!Jli7!U70/J
F.\\)7!6-:'- !!I I
(·L·ml'tcr~ January 28, 2000
!JL".'!-1-6"'~13
F.\\.'7!6-%17
( hil Sen in·
!JI i!-1-(, .. lf,
F \\. 7!-1--I-IUS West Michigan's Shoreline Oty
( ·tL•rl.
!31 .. !-1-(, 7nS
I· \\,.,!-1--11"'"!1
Property Parcel Number:
!JI "'!-1-1,'T'
F \\ ... !/,-!:',Ill NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
t.n!!_lllt.'l'l"ill!!.
!Jl· .. H-<,707 Dear Property Owner:
F.\ \(7!7-1,'J0-1
Fin,1111:,·
The Muskegon City Commission has previously approved the project described below and will now consider
!JI "'!-1-f,"'IJ final confirmation of the special assessment roll:
F \ \:.,!-1-(,"'M!
Fire Ucpl.
Spring Street, Wood Street to Apple Avenue
!.l l:.,!-1-(,'.''J!
•
F \\;1! -<,'>8:> Public Hearings
ln,:uml' LI\
!31,72-1-(,770 A public confirmation hearing will be held in the City of Muskegon Commission Chambers Tuesday, February 8,
l-".\\/7!-1-(,76!1 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express
lnfu. ,._~ ,tc111,
your opinion, approval, or objection concerning the special assessment. Written appearances or objections
!Jl.'71-1-67-1-1 must be made at or prior to the hearing.
F\.\,7!!-.0111
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER
:JL"l!-1-6".'CJ-1 IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED
F.\\t:!-1-11% TUESDAY, FEBRUARY 8, 2000, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
'la11aj!l't"', Offin-
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
!Jl 7!-1-(,7!-I UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
I· \\.,7!!-1!1-1 BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
\ Li) or·, ( )ffin•
!J l<'i!-1-(,"'HI
I· \\:7!!-121-1
The final projected cost of the street improvement portion of the project is $350,000 of which $96,040.91
!Jl-72-1-1,715 (27.4%) will be paid by special assessment to property owners. If the special assessment is confirmed, your
I· \ \1"'!1,-!5tl I
property will be assessed _ _ _ feet assessable front footage at _ _ _ per assessable foot for the street
l'l.11111inl!,l.1,ninl! improvements. In addition, you will be assessed ___ for driveway approach and/or sidewalk improvements
!J!""'!-1-6 .. 11! made to your property for a total special assessment cost of ___ . Following are the terms of the special
~ \\·1!-1-(,7'llf
assessment:
l'uhn• lll•pt.
!JI 7!-l-f, .. 511 Assessment Period: Ten (10) Years
I· \\:72!-51-111
Interest Rate: 5% per year
l'uhl1( \\url-., First Installment:
!.1117!-1--IIUU Due Date: April 17, 2000
F\\/1!!--11!1!1
I r,•:1,ur,•r
!Jl172-l-(,72ll
~ \.\172-1-(,76!1
\\ atl'r Hillin~ Dl'pl,
!Jl/72-1-(,71!1
l-"A.\112-1-<,16!1
\\ .ifl'r 1-'iltr.itiun
231/72-1--1106
F.\.\/7S~-52')0
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
The total assessment may be paid in full any time prior to the due date shown above without interest being
charged. After this date, interest will be charged at the rate shown above on the outstanding balance.
Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your
assessment in installments, your annual installment (including interest} will b~ included as a separate item
on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow
agent, you should notify them of this change. Early payments may be made at any time and are
encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU
WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR
INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST
COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH
THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering Department at 231-
724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on
the payment options and financial assistance programs available.
Sincerely,
~;,/J,/4-c;,~ ~ J J
Mohammed AI-Shatel, P.E.
City Engineer
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting SPRING STREET, 116 FEET SOUTH OF THE CENTERLINE
OF BAUER AVENUE TO DELAWARE AVENUE
PLEASE TAKE NOTICE that a hearings to confirm the special assessment districts will be held
at the City of Muskegon Commission Chambers on FEBRUARY 8, 2000 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment roll that has been prepared and submitted for the purpose of said
hearing and for examination by those persons to be assessed. The special assessment roll is on
file and may be examined during regular business hours at the City Engineer's office between
8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS
FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL
WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST
AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL
ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The
purpose of this hearing is to hear objections to the assessment roll and to approve, reject, or
correct the said roll.
Gail A. Kundinger, City Clerk
Publish: JANUARY 29, 2000
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
. "
RECEIVED
CITY OF MUSKEGON C/Tv fl> 1\illJ'-'"' 'I\J
M,"c::/ - 4 1999
Resolution No. 99-15 ( c)
ENGf'!"P'' ,o
Resolution At First Hearing Creating Special Assessme~t'D'isffiJf
ornrF •
For SPRING STREET, 116 FEET SOUTH OF THE CENTERLINE OF BAUER AVENUE
TO DELAWARE AVENUE
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on FEBRUARY 23, 1999 at 5:30 o'clockp.m. at the
City Commission Chambers. Notice was given by mail and publication_as
required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held FEBRUARY 23, 1999, there were 39. 13 % 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 Michalski and Pleimling
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 21.29 % of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Benedict, Michalski, Nielsen, Pleimling, Shepherd, _
Sieradzki, Aslakson
Nays None
CITY OF MUSKEGON
s,IL,Q_~
Gail A. Kundinger,CTerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 23,
1999. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~Q,
Gail A. Kundinger, Clerk
EXHIBIT A
SPRING STREET, WOOD TO DELAWARE
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of SPRING STREET, 116 FEET SOUTH OF THE
CENTERLINE OF BAUER AVENUE TO DELAWARE AVENUE
.. , ·.
-·-=
..,______. ---1 I
1,-~
,.
---,.......il r··-·=:1
.;; f
CITY OF MUSKEGON -Kf. :.
STREET ASSESSMENT PROGRAM •.
w
·\·.lt~\::~j'"•.
NUMBER OF UNITS: _ _ _ PARCEL#:_ _ __;;__ PLATE#:_ _ __
(Single family or# of Apts) . ' : (If known) '- · · (If known) ; \- ;
I . "ff.
ETHNIC CLASS:--------'---· MARITAL STATUS:._ _ _ _ _·;·.·-··
(Asian, Black, Hispanic, Native An}eri~an, White, etc) .. _·•·· • (M~ied, Single, Divorced; Widowed, Separated)
"f');J !(" •• ;"__·:-; ·.'1 ; · ~ ; :;•• i .. ::./.'!>,1 .-.-:;)\ ,;
HANDICAPPED: ( )Yes ( ) No · , . ·.· ..·._ , · FAMILY SIZEt,,;..;•;_.:.;.,\,_.,·_,_ __
(Are you or your spouse legallyhandi~apped qi~abl~d?f (Numbei"Qfpeople
1 l I' .· ~-.. .,
! ! . ,' '! ..
or
living in. household)
' ' •• I • ' '• ,'
.
MONTHLY HOUSEHOLD INCOME:
. . • - - - - ' - - SOURCE: _ _ _ _ __
<'
(Must include all household incorite) 'I
SOURCE: _ _ _ _ __
SOURCE: _ _ _ _ __
Total:. $._ _ __ OTHER: _ _ _ _ __
~· 1'"' •:-..,-,:-.-· ·- :· . - ~r • I
: J !• ',. I >
\ .· -- -- -·· -·· .. ·--·
OWNERSHIP: ( ) DEED
.
' . '
( ) MORTGAGE . ( ) LAND CONTRACT
HOMEOWNER'S INSUJ4NCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE:._ __
PROPERTY TAXES: ( ) Current ( ) Delinquent Year(s) Due (if any) _ _ _ __
,-,~ ~
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OWNER'S SIGNATURE:,_,;..;,;..;"-'----'------'----"c,__-· Date: .... ,. _ . ,, ..
By signing this appli~atio~, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
i~fonnation in thi~, ~p~H~a,li<?\I! ffld,fl\ ,lnfgnnation f\ind~~~)fl fUPf9!1 of this,,p~H~.~\io~, ~s,_!1)1.1,\Ul?. C?11,1p!e.'!' 19, tlje,~\-~~th;
Applicant/Owner's knowle~ge ~d J>elief._ The propeil)'.~~-ller''!, sl&,¥,tw;.e will be $u!~ _no.do . e .·. Ji~t!9,~ !>c/,01!1 P ~ : ,
. ._,l.
. . '.\';'. ' . ..ATTENTION APPLICANT~• ' . . . .. . L ' ,., •. .
Please see reverse side for instructions on providing proof of income, ownership, insurance, and property 18J<cs.
'·1 '
I
3
4 ·.. ,,,·
5
6
7
8 j
For
:,
each
.
' ,.,
extra,
.
,.
add
-·.- ·-· ~·
'• ,_
-·,_ .. j - -,.,
Applicants must submit proof that they both own and occupy property at the time of application; Land Contpic
' (, . ' • ' ' • ' . • • : \ -. - ·, - • ,' • • ' .,··· "; < -~--\:'/
•
purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be .a ,deed
mortgage, orland contract; proof ofoccupancy can be a copy of a driver's license or other official docwrient' shovlrinf
both your name and address. ·
·.-··,;.·} '.,-· I ·:· :_c.;,f'J
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or
other public improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $15,000.
• 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 (including deferment applications) may be
obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at
724-6720.
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
724-4121.
..
1-i - 1 c; "
'! /
Melvin Kimbrough Jr. RECEIVED
228 S. Warren Ave CITY OF MUSKE<::ON
Big Rapids, MI 49307 Ji;/\ 1 9 2000
ENBINEERING OEPJ.
City of Muskegon
P.O. Box 536
Muskegon, MI 49443-0536
Re: Special assessment Parcel # 24-205-269-0005-l 0
I am strongly opposed to being assessed to repair the road which is publicly used. This is
the reason we pay State and City income taxes.
It is unfair and unreasonable to ask homeowners to share in the expense ofrepairing
publicly driven roads where does bueacracy taxation end.
A couple of years ago we shared in the expense of Sidewalk repair. What is next?
I oppose this Special Assessment!!
Sincerely,
Mel Kimbrough
\
\
Date: February 8, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District
Wood Street, Apple to Jackson
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Wood Street, Apple
to Jackson, 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 approve the creation of the special assessment and assign two City Commissioners to
the Board of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
This request will be reviewed by the Committee of the Whole at the February 7, 2000
meeting
CITY OF MUSKEGON
Resolution No. 2000-25(b)
Resolution At First Hearing Creating Special Assessment District
For WOOD STREET, 15 FEET NORTH OF THE NORTHERLY "R-O-W" LINE ON
APPLE AVE. TO JACKSON.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on FEBRUARY 8, 2000 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held FEBRUARY 8, 2000, there were 26 13% objections by the owners
of the property in the district registered at the hearing either in writing received before or
at the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility 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 s; eradzki and _..,_Sh._..e"'i.....
p h_,.,_e.. ,_r_._.d_ _ _ _ __
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 10.88% 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.
Nays_~...,,_,._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By ~ unqg~~~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 8, 2000.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~ Q ~- L~
Gail A. Kundinger, Clerk
EXHIBIT A
Wood Street, Apple to Jackson
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of WOOD STREET, 15 FEET NORTH OF THE
NORTHERLY "R-O-W" LINE ON APPLE AVE. TO JACKSON
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ANGELL
Ri1TR 65
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICIDGAN )
) ss
COUNTY OF MUSKEGON)
GAI_L 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 8 TH DAY OF FEBRUARY, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:
ALL PARCELS ABUTTING WOOD STREET, 15.0' NORTH OF THE
NORTHERLY RIGHT OF WAY LINE OF APPLE AVENUE TO JACKSON
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 29, 2000.
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
UNITED STATES MAIL RECEPTACLE ON THE 28TH DAY OF J DARY i-99-9-. 2.ooo
SUBSCRIBED AND SWORN TO BEFORE ME TffiS
ciJ1/, DAY OF Fchcua sx, , 2000.
<26/71.ia JL~
NOTARY PUBLIC, t"1USKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f- d .S-- O ;;_
ENGINEERING FEASIBILITY STUDY
WOOD STREET
APPLE AVENUE TO JACKSON AVENUE
The reconstruction of Wood Street from Apple Avenue to Jackson Avenue was initiated
by the City of Muskegon, Department of Public Works. This project was identified and
established in the 2000 Capital Improvement Budgets for Major Streets.
The project was identified due to the deterioration of the pavement. The pavement
conditions have deteriorated to a point that resurfacing and/or major rehabilitation would
not extend the life of the roadway. The improvement we are recommending consists ofa
complete removal and replacement of all existing pavement, curb and gutter.
A memo from the Assessor's office, which addresses the appraisal and benefit
information is attached.
The preliminary cost estimate for the work associated with this project is approximately
$936,000. The length of the project is approximately 3,467 lineal feet with 3,047.95
assessable footage. Therefore, the estimated improvement cost is $307 .09 per assessable
foot. However, the assessment cost will not exceed $33.40 per assessable foot. The
maximum assessment cost of $33.40 per assessable foot is based on the established 2000
Special Assessment Cost Estimates prepared by the City of Muskegon Engineering
Department.
S :\DATA\ENGINEERING\KIRSCH\2000\Hl 494
-----~-;.._.----•--· -····. -
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
Ja·cob 0. Funkhouser
James J. Kobza
Louis McMurray January 26, 2000
Clarence Star~ •h . .
MO ammed Al-Shatel, City Engmeer
933 Terrace Street
Muskegon,MI49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
assessment district entailing the re-paving of Wood Street and the replacement of
sewer and water services. 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 14, 2000.
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$33.40 appears
reasonable in light of analysis that indicates a probable enhancement of$33.0l.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
Sincerely,
ba~"
Senior Appraiser
'[DD (231) 722-4103 • An EEO/ ADA IM Employer
recvc/ed oaoer
MUSKEGON
\ffinnalhe .\ctiO!l
23 i.'72-H,70J
I· \\:/722-121-L
23 lt71-l-<,70S
F \\/72(1-:-IIH
( 1.'Ult'tt'r~
l31:7l4-61X3
January 28, 2000
F.\\/"1.26-:>(, 17
( i, ii Sen in·
!Jl:·724-(,716
F \\!7!4-440:>
Parcel Number West Michigan's Shoreline Qty
( IN\..
!Jl:724-(,70:>
1· \\:'7!4-417S
23[.,~24-h717
NOTICE OF HEARING ON SPECIAL ASSESSMENT
F \\;7!(,-l:>111
L11i.:meL•ri11i.:
2.1 !1724-h7117 Dear Property Owner:
i:_ \.\172 7-6')1)4
Fi11ann'
!J[/724-(,713
The Muskegon City Commission is considering whether or not to create a special
F \\/724-61(,S assessment district which would assess your property for the following paving project:
Hn· lh·pl.
23 lt'24-(,792 Wood Street, Apple Avenue to Jackson Avenue.
F_\\/724-6')8:>
lncomL' Ta,
!311714-(,770
The proposed special assessment district will be located as follows:
F \_\/724-6768
Info. Sy~IL'lll.~ All parcels abutting Wood Street, 15.0' north of the northerly right of way line of Apple
!Jl/724-6744 Avenue to Jackson Avenue.
F \\/722-430 I
1.L•i_,ure :,,;L•niL'L'
lJl/724-(,704
It is proposed that a portion of the above improvement will be paid by special
F.\\/714-11% assessment against properties in the aforementioned district. Following are conditions
\lanagL·i-•~ Office
of the proposed special assessment which.are important to you.
2.\1'724-(,724
F\'\1722-1214
Public Hearings
\L1~11r', omn•
l.111724-(,7111
l·_\\/72!-1!14 An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on Tuesday, February 8,
2000 at 5:30 P.M. You are encouraged to appear at this hearing, either in person, by
!J[/724-(,71:>
F \ '\172(,-250 I agent or in writing to express your opinion, approval, or objection concerning the
l'la1111i11i.:(/.11ninl!
proposed special assessment. We are enclosing a Hearing Response Card for you to
!J li:24-f,7Ul indicate your agreement or opposition to the special assessment. This card includes
I· \\,~!4-f,~'JO
the property identification and description, assessable footage per City policy, and the
l'ulin• lh'pt. estimated cost of the assessment. You may also appear, as above, in lieu of, or in
!J[,724-(,7511
I· \\/722-51411 addition to mailing your response card to the City Clerk. Written objections or
l'uhlic \\ orh,
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
2311724-4100 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
F \\/722-4111.'!
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
rrea~un·r OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
1311724-f,720
F.-\\/724-6768
\\ alL'r Billing lkpt.
2Jl/7H-67J8
F,.\X,/724-(,768
\\ acer Filtration
23]1724-4!0(,
F.-\\/7:>5-5290
City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
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.
Estimated Costs
The total estimated cost of the street portion of the project is $936,000.00 of which
approximately 10.88% ($101,801.53) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
_ Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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
Plate Number
Assessable Frontage:
Estimated Front Foot Cost:
ESTIMATED TOTAL COST
Property Description
•
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
Thank you for taking your time to vote on this important issue.
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 $15,000.
• 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 (including deferment applications) may be
obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at
724-6720.
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
724-4121.
,. .
........ , 1. vr 1nu-.:,n..1!AYV1"'4
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
·. . STREET ASSESSMENT PROGRAM ·
.. . REQUEST
.,, ' -... 7.. . '•FORWAIVER
•' . . . ' . . QF SPErul,;~MENT
.
Property owners in your are9: are be_ing si,e.c.ially assessed by the City of Muskegon for roadway improvements. City
Jrdinances require that property owners be responsible for the special assessment for roadwork done to their property's
1SSessable fro_ntage. To assist homeowners who may have di1;ficulty paying the costs of the special assessment, the City
Jtfers assessment waivers through the Community Development Block Grant (COBO) Program for eligible households
md families. If you meet the COBO program qualifications, the City may pay for your special assessment.
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 federal/state income tax returns, copies of pension or other
benefit checks or agency statements from all household income.
2000
- . ·-., -~~:._,_
1 $21,580
2 ', 24.635
3 27,755
4 30,810
5 33.280
6 35,750
7 38,220
8 40,690
For each extra, add 2,800 ' .
• Applicants must submit proof that they both own and occupy property at the time of application; Land Contract
purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be a deed.
mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing
both your name and address.
• Applicant must submit proof of current property insurance; and
• Applicant must submit a recent property tax receipt to show that all tax payments are current.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it,
along with supporting documentation to: · . City of.Muskegon .
. . Com~.i-.ity c.l, Nelghborh~ocl,~rvlces ..·
· 933 Terrace Street, 2nd Floor ·
Muskegon, MI 49440
Applications must be submitted prior to confirmation of the special assessment roll talces place. 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
. , . ~,...,.. ,--·~:
~ .·c-.
all application
__ ,•-.:..•.. . -,
information,
·- ,,. ., ·.
and to• reject any applications
-·~•·-•• .;.' ,. . ' .
thai ·contain falsifiea
information or insufficient documentation, .· ; . , · · ·
Last Update: Fcbruaiy, 1997
...
NAME:...:.;__ _ _--'--'------- . BIRTHDATE: .S\,C!~ '"'' ,./ ,, : : •·, ,·,:· : .
. -·.·
SPOUSE'S NAME:_ _.:.;__ _;__ _ _ _ BIRTHDATE:_·--"------''-
ADDRESS: _ _ _ _.;,___ _ _ _ __ PHONE:.~,~·--'-----
NUMBER OF UNITS: _ _ _ PARCEL#:. _ _ _ _ _ PLATE#:
{Single family or# of Apts) (If known) {If known)
ETHNIC CLASS: _ _ _ _ _ _ _ _ _ MARITAL STATUS:._ _ _ __
(Asian, Black, Hispanic, Native American, White, etc) (Married, Single, Divorced, Widowed, Separated)
•.'
HANDICAPPED: { )Yes { ) No FAMIL\(~jiE:.,..·~·_ _ _ __
{Are you or your spouse legally handicapped or disabled?) {Num~; of people living in household)
MONTHLY HOUSEHOLD INCOME: $ SOURCE:
(Must include all household income)
SOURCE:
SOURCE:
Total: $ OTHER:
. . ' ,-.~ - --- .,,... .
' , ' '
• l. •
'
'•' .
' ' I
OWNERSHIP: { ) DEED ( ) MORTGAGE ( ) LAND CONTRACT
HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE:_ __
PROPERTY TAXES: ( ) Current
..... --~· ., .'.. ~ . .. ( ) Delinquent Year(s) Due (if any) _ _ _ __
I.:.f
' '
r ' ' ~
~~-~-4_:__~..:.L... ~'- ,'_ .'. - . - . -
OWNER'S SIGNATURE:. _ _ _ _ _ _ _ _ _ _ _ Date:_ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
infonnation in this application, and all information furnished in support of this application, is true and complete to the best of the
Applicant/Owner's knowledge and belief. The property owner's signa~ will be required prior to the appl!cat(on ~\118 ~-.:
APPROVED ( ) DENIED { ) I>ATE ,, .. , ':f:.E,NSUSTRACTNO. _ __
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STAFF SIGNATURE·_.c:~.;.·..;.;,..'"''-'-'-'-'-"-'-·..:...._ __;._ _ · .:..·-'-r-'-•1·TITI,E.c;.;,._ _ _ _ _ _ i'lrto'.,'.": · .. '.. :'' i.'' 1·
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**ATTENTION APPLICANT**: ' 1 v•.,_'.>"s.r·,. · ,, ..,.y,~,
Please sec reverse side for instructions on providing proofofincom.; ownership, insurance, and property taxes.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:
WOOD STREET, APPLE TO JACKSON
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting WOOD STREET, 15 FEET NORTH OF THE NORTHERLY
"R-O-W" LINE ON APPLE AVE. TO JACKSON.
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON FEBRUARY 8, 2000 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 29, 2000 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
(23 I) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
if you wish to have your written vote included as part of the tabulation of votes forwarded
to the C!ty Comrr:issinn for the s,~hedu!ed pub!ic- hea!·!ng, p!ens-2 reh1rn tr.ls cnrd- b-y the:
date indicated above. To use this response card piease indicate whether you Oppose or
Favor this special assessment project, sign the form and return itto 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: 732 WOOD ST
Parcel Number 24--205-043-0007-00
Piate Number 24-31-20--405-004
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,204.40
PrQJJe1iy DescrlQtion
LO i l BLK 43
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR 12(] I AM OPPOSED
Owner ___ £/il'v'(\/1L~ BR!(ER Owner
Signature _ _ _ _ _ _ _ _ _ _ __
Address
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE.CARD
To have your vote colinf?pfe'ase
; >·"', .:1~ ,~_.,..,_ :•:·· '. ~~-t ,;-;_ 'i :--~ ~ : ~
Return This Card By: Tue'saay,' f!'eon.iary 8, 2000
·.,
ProjectTitle: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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 i.his card by: the
I
date indicated above. To use this response card please indicate whether you Oppose or
Favor this special assessment project, '>ign tLe 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: 939 WOOD ST
Parcel Number 24-265-211:0012-10
Plate Number 24-<l'l-20-384--019
Assessable Frontage: 39 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,302.60
Property Description
E 41 FT OF S 78 FT LOT 12 BLK 211
Your vote COUNTS!
Signature
Address
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: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded
to the Citv Commission for the scheduled public hearing, please return this card by the
date indic:ated 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.
Assei,sment Information
Property Address: 868 WOOD ST
Parcel Number 24-205-046-0007-00
Plate Number 24-31-20.457-009
Assessable Frontage: 37.5 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1 .~?52.50
Property _Description
N 371/2 FT LOT 7 BLK 46
• ,
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I /\MIN FAVOR AM OPPOSED 1·x.__
1
Owner
-------------
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature
Owner
Address Address
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: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded
tG the City Cor11iTil,ssion for ti-1a scheduled pubiic r-1e8ting, 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: 922 WOOD ST
Parcel Number 24-205-055-0007-00
Plate Mumber 24-3 ·J-20-459-009
Assessable Frontage: 62
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
VV 72 FT LOT 7 BLK 55
Pl~:: ,;~A:~; lo Efopposed to the s:,ci:I Asses:;:"~:;:~=~•log[TT
Your vote COUNTS!
Owner /~\1:'.:~){lt.J~~ I -1 f. ·-, " : QvJn~r
1
Signature - .·•,..:,__ -"_.Ll
e.;:.;•··•J.·..._·...........
,4:/ '..:."·_·_··
•..
/h'") · _____ s·,gnature
Address
------------- Address
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return Thi$ Card By: Tu~~day, F~qru~ry 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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: 773 WOODST
Parcel Number 24~205-198-0007-00
Plate Number 24-31-20-339-009
Assessable Frontage: 33 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,102.20
Property Description
LOT 7 BLK 198
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED [2J
t '_ . ){ / . / •·:
Owner ~;;- j c' ,"/ _,,,"rL, -,,,-({j'U.,,.i•-~w Owner
Signature ?;:/,,_,, ,.v.✓{,f-, .. , /__,, . ,,. Signature _ _ _ _ _ _ _ _ _ _ __
Address =_;;;.g ~-:it D .:"c;;.t. ci.-,L2 . Address
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: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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 cmd piease indicate wheiher 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: 918 WOOD ST
Parcel Number 24-205-055-0006-00
Plate Number 24-31-20-459-001
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,204.40
Property Description
W 72 FT LOT 6 BLK 55
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED 1)<1
t/t ~ ,vi ,.f/
Owner
Signature
------------- Owner Cll/ftr
Address
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: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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.
,L\ssessment Information
Property Address: 865 WOOD ST
Parcel Number 24-205-203-0013-00
Plate Number 24-31 °20-38'1-008
Assessable Frontage:· 49 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,636.60
Property Description
N.27FT LOT 13 & S 22 FT LOT 14 EX W 12 FT FOR ALLEY BLK 203
.---~---•----·-•" -~. -•~- ,.-•----, ---- - ·-,-~ .....,._ ' - --"·,
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR l7 · · I AM OPPOSED ~-
Av--D ~Soei~ ·• ~
Owner ~.-0-A-Lt::, ~~ Owne1L. ,y, ,,
Signature= Signature. ·.;..a.·-----------
Address @ ( ? . , ~ 5Tfi:ddress
Thank you for taking your time to vote on this important issue.
j I!
Your vote COUNTS!
Signature ----~'7,;".;;.i..
7 ~~-+--- Signature -4~;1r~.2:;:..,...~~2.!:=~:!f4
Address Address -::i-zi tJ;H-/ 2.J63 7 Al /.c~
Thank you for taking your time to vote on this important issue. ;t'µt,~tZvJ /JIVVL__,_
~ b/Jfl.'J
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded
to the C!ty Comrnist;ian for the sGh~duled pub!ir hea~·!ng, p!eoe-s reh1rn 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: 732 WOOD ST
RECEIVED
Parcel Number 24-205-043-0007 -00 CITY OF MlJSKEr~ON
Plate Number 24-31-20-405-004 2 ,ooo
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,204.40
ENBINEERING DEPT.
PrQJJ~1iy De~.gJiption
LOT 7 13U(43
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR ~ I AM OPPOSED
Owner ___£fl {I(/\/ 1 £ /3F1 f(ER Owner
Signature _ _ _ _ _ _ _ _ _ _ __
Address
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: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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 abovo. To use thi:::- r(:~;ponse-caid please indicate vvhether 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: 0 WOOD ST
Parcel Number 24-205-211-0001-20
Plate Number 24-31-20-384-010
Assessable Frontage: 52 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,736.80
Property Description
S42 FT LOT 1 BLK211
'' Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR ..!;;;::;="' I AM OPPOSED l~I
Owner
Signature · _L..,C-c.- ,. Signature _ _ _ _ _ _ _ _ _ _ __
'•?('.'.) / /7 C -:-/ / { / ~'l"f'J"j,j;L
Address!s,.] '-/LW~«'<<< .U/4'4«~ Address
Thank you for taking your time to vote on this important issue.
0 ~~~
cin--Q f \\ .
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday.February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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: 391 AMITY AVE
Parcel Number 24:205-211-0001-1 O
Plate Number 24-31-20-384-009
AssessablE. Frontage: 45 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,503.00
Property Description
E 33 FT OF N 90 FT LOT 1 BLK 211
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR I AM OPPOSED ~
Owner 2 Owner
Signature < -·z_;_.,lL ~) .a-, Signature _ _ _ _ _ _ _ _ _ _ __
Address ~39/ / ,;:,,~ /~~;, 7·:J],a::.:J";~ddress
T-hank ,(au for taking your tiie to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
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. lo 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: 763 WOOD ST
Parcel Number 24-205°198-0001-00
Plate Number 24-31-20-339-003
Assessable Frontage: 51.75 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,728.45
Property Description
LOT 1 EX N 15 FT USED FOR ST BLK 198
Your vote COUNTS!
Owner
•
_ _ _ _ _ _ _ _ _ _ _ _ Owner .
/
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR AM. OP~OS~~
,4All//c;'
"II:].
,(2fd-j
.
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ S 1gnature /) /l ,, / fa', '--;;/k /
1 ~/?C:22,(£~ r0- 77];. ,,c-,:. ,,
-;>-:;;'3 (j)jkt,k.·--2;,;.
Address
------------- Address
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
· To have your vote count; please
ReturnTbis Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson ft.venue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded
+n r;tv
~..,.. +ho
~•tv - 111,11.,;:i....,1 11 for •h~·
,.....,.1 "cm~;,,,,;O" 11.V ~ch"'d'
.,;> ,!.c..~ "'
IV ,.,u-....u ,,_,,_ 'n.t:'-0.:
fJulJU\,,, ---r1·n-
.. !.~ 1 p'I"' --- ·····•·
v(l;)C: IC'lUI ··nI 't·'"''
111::J lid y by the
• ·rd
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: 762 WOOD ST
Parcel Number 24-205-044-0005-00
Plate Number .. 24-31-20-408~008
Assessable Frontage: 46.3 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,546.42
Property Description
S 46.3 FT OF W 92 FT LOT 5 BLK 44
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED I✓ I
Owner _ _ _ _ _ _ _ _ _ _ _ _ owner (Y/u l!ie, I L7:sfiJ,ej} ·_ 4
_
-A// './I_ // Li. . , ;t,Y .,;,.
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature If'./ _Llf4&1(;i:?..~ fT , .- ·?:'i-&r<C}~" l _:>r--
) Iu d? 1, 1n,,,/
Address
------------- Address
Thank you for taking your time to vote on this important issue.
1'T(e~_,f-
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded
to the City Commissic11 for the scheduled rublic hea;ir.g, pleas~ rf.Jturn 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: 703 WOOD ST
Parcel Number 24s205-196-0001-00
Plate Number 24-31-20-338-001
Assessable Frontage: 221 Feet
Estimated Front Foot Cost: $33.'40 per Foot
ESTIMATED TOTAL COST $7,381.40
Property Description
ENTIRE BLK 196
Your vote COUNTS!
~~,J:.i,,"~~f;{f~~;.L..i-,.:::...- Owner
Signature -~~........_,~~~~~~---,- Signature _.::.~'-'-,!;-,,:...;,.._,.,..._....,~...•,..,........,..
Address
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 8, 2000
Project Title: Wood Street, Apple Avenue to Jackson Avenue
Project Description: Create a left turn lane at Apple Avenue; Remove existing curb and
gutter, and replace with new; remove existing pavement and construct
new pavement.
INSTRUCTIONS
If you wish to have your written vote inc!uded as part of the tabulation of votes forwarded
to the City Commission for the scheduled public hearinr,, please mturn this card by the
date indicated above. To use this response card piease 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: 925 WOODST
Parcel Number 24-205-211-0012-00
Plate Number 24-31-20-384-018
Assessable Frontage: 54 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $1,803.60
Property Description
N 54 FT LOT 12 BLK 211
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Proj~ct.
•
i
1AM IN FAVOR
Owner
------------- Owner
Signature
------------- Signature
Address
------------- Address
Thank you for taking your time to vote on this important issue.
Date: February 8, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District
MORTON TORRENT TO BOURDON
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Morton, Torrent to
Bourdon, 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:
This request will be reviewed by the Committee of the Whole at the February 7, 2000
meeting
CITY OF MUSKEGON
Resolution No. 2000-25/c)
Resolution At First Hearing Creating Special Assessment District
For MORTON, TORRENT TO BOURDON
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on FEBRUARY 8, 2000 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held FEBRUARY 8, 2000, there were 33 31¾ 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 Sieradzki and Shepherd
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 17.78% 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.
Nays_ _._,_,,o"-'---'e'---
-"' - - - - - - - - - - - - -- - -- - - -- -- - -
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 8, 2000.
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
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 8 TH DAY OF FEBRUARY, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:
All parcels abutting Morton Avenue, East of the easterly right of way line
of Torrent Street, to the westerly right of way of Bourdon Street.
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON JANUARY 29, 2000.
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
UNITED STATES MAIL RECEPTACLE ON THE 28TH DAY OF J NUARY 1-999. 2.coo
0,
· SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _, 2000.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - ------
EXIHBIT A
Morton Avenue, Torrent Street to Bourdon Street
SPECIAL ASSESSMENT DISTRICT
All properties abutting Morton Avenue from Torrent Street to Bourdon Street
S:\DATA\ENGrNEERrNG\KJRSCH\2000\H 1218
Morton A venue
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ENGINEERING FEASIBILITY STUDY
MORTON AVENUE
TORRENTSTREETTOBOURDONSTREET
The new construction of Morton Avenue from Torrent Street to Bourdon Street was
initiated by the City of Muskegon, Department of Public Works. The proposed new
construction of this unpaved section of Morton Street is consistent with the City's goals
and objectives to eliminate all unpaved streets with in the city limits. This project was
identified and established in the 2000 Capital Improvement Budgets for Local Streets.
The project was identified due to the unpaved surface of the street. The improvement we
are recommending consists of installing a paved surface, curb and gutter with associated
storm water catchment.
A memo from the Assessor's office, which addresses the appraisal and benefit to abutting
properties, is attached.
The preliminary cost estimate for the work associated with this project is approximately
$140,000. The length of the project is approximately 925.5 lineal feet with 745.2
assessable footage. Therefore, the estimated improvement cost is $187 .87 per assessable
foot. However, the assessment cost will not exceed $33.40 per assessable foot. The
maximum assessment cost of $33.40 per assessable foot is based on the established 2000
Special Assessment Cost Estimates prepared by the City of Muskegon Engineering
Department.
S:\DATA\ENGINEERING\KIRSCI-1\2000\H 1218
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 26, 2000
Clarence Star~ ,
JVIO
hamme d A l- Shate l, C,1ty Engmeer
,
933 Terrace Street
Muskegon,MI49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special
assessment district entailing the paving and curbing of Morton Avenue between
Torrent Street and Bourdon Street. 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 24, 2000.
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$33.40 appears
reasonable in light of analysis that indicates a probable enhancement of$37.61.
The conclusions are based upon the data presented within this limited analysis in
restricted format, and on supporting information in my files.
Sincerely,
ha-1h~4
Jerry A Groeneveld, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
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January 28, 2000
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L11~1mTrin).!
NOTICE OF HEARING ON SPECIAL ASSESSMENT
2Jll724-(,iH7
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Finann· Dear Property Owner:
23!/724-(,713
F \.\/724-(,76.'!
The Muskegon City Commission is considering whether or not to create a special assessment
Hrc Bcp!. district which would assess your property for the following paving project:
231/ 1 24-(,7')2
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Morton Avenue, Torrent Street to Bourdon Street
lnrnmc Ta\
2311724-(,770
F. \ .\/724-(, 7(,8 The proposed special assessment district will be located as follows:
Inro. S~stl.'ms
231 /724-(,744 All parcels abutting Morton Avenue, East of the easterly right of way line of Torrent
F \.\/"122-4JUI
Street, to the westerly right of way of Bourdon Street.
LL•i~un• SL•n il.'l'
2Jll724-/,704
It is proposed that a portion of the above improvement will be paid by special assessment
F.-\.\1724-11%
against properties in the aforementioned district. Following are conditions of the proposed
'lana).!l'I"'~ ()l"fin' special assessment which are important to you.
2J I ' 7 24-/,"'24
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Public Hearings
\Lt)ur', ()ffil'L'
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J.'.\\/722-1214 An initial public hearing to consider the creation of a special assessment district will be held at
\l'i).!h. S, Const.
the City of Muskegon City Commission Chambers on Tuesday, February 8, 2000 at 5:30 P.M.
You are encouraged to appear at this hearing, either in person, by agent or in writing to express
2.ll/724-(,71:'i
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your opinion, approval, or objection concerning the proposed special assessment. We are
enclosing a Hearing Response Card for you to indicate your agreement or opposition to the
l'lanni11!,!il.011in).!
special assessment. This card includes the property identification and description, assessable
2Jl/724-67ll2
F.\ \/724-1,7'}11 footage per City policy, and the estimated cost of the assessment. You may also appear, as
above, in lieu of, or in addition to mailing your response card to the City Clerk. Written
l'olkc Dc[H.
!J]/724-67:'iO objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
F \_\/722-:'il411 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT
l'uhlic \\ orks
FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
2Jl/724-4IOO FOR THE SPECIAL ASSESSMENT.
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City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
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.
Estimated Costs
The total estimated cost of the street portion of the project is $140,000.00 of which
approximately 17.78% ($24,889.53) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 08, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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
Plate Number
Assessable Frontage:
Estimated Front Foot Cost:
ESTIMATED TOTAL COST
'?roperty Description
• •
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED
Owner
------------- Owner
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __
Address Address
Thank you for taking your time to vote on this important issue.
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 $15,000.
• 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 (including deferment applications) may be
obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at
724-6720.
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
724-4121.
'l..11 l UI' MU:S.IU!;GUN .
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
.,, , . STREET ASSESSMENT PROGRAM
.. . REQUEST
-·· :-. . WAIVER or SPECIAL'ASSESSMENT
........ . FOR
,. - ' . ..
Property owners in your are~ are be_ing spec_ially assessed by the City of Muskegon for roadway improvements. City
lrdinances require that property owners be responsible for the special assessment for roadwork done to their property's
35Sessable fro_ntage. To assist homeowners whci may have diQ:iculty paying the costs of the specil>l assessment, the City
:iffers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households
md families. If you meet the CDBG program qualifications, the City may pay for your special assessment.
,\pplication 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 federal/state income tax returns, copies of pension or other
benefit checks or agency statements from all household income.
2000
1 $21,580
2 · · 24.635
3 27,755
4 30,810
5 33.280
6 35,750
7 38,220
8 40,690
For each extra, add 2,800
• Applicants must submit proof that they both own and occupy property at the time of application; Land Contract
purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be a deed,
mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing
both your name and address.
• Applicant must submit proof of current property insurance; and
• Applicant must submit a recent property tax receipt to show that all tax payments are current.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it,
along with supporting documentation to: · . City of.Muskegon . .
.. Community l!i Nelghborhood,~rvices _·
• ' .•. ' • . . • . ' ' . . • . .. . .
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
Applications must be submitted prior to confinnation of the special assessment roll takes place. 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 informatfon, and to reject c,ny applications that contain falsifiea
information orinsufficieni docuinentailon. -·. ·;' - : , ., . ; ·-. .. . . . . . .
Last Update: Febnuuy, 1997
NAME: BIRTHDATE: ·-~':1~ :, '· r··"
-'-------'-----'---- ' .. r' ·1.
SPOUSE'S NAME:._ _.;___ _' - - - - BIRTHDATE:.'--"'.;_·---'--=-
ADDRESS:-----'------ PHONE:..c··'-----'-----
NUMBEROFUNITS: _ _ _ PARCEL#:. _ _ _ _ _ PLATE#·. ____·._,,·,,·.
(Single family or# of Apts) (If known) (If known)
ETHNIC CLASS: _ _ _ _ _ _ _ _ _ MARITAL STATUS:. _ _ _ __
(Asian, Black, Hispanic, Native Americ~, White, etc) (Married, Single, Divorced, Widowed, Separated)
0
HANDICAPPED:( )Yes ( )No FAMILY $iZE:..,-.'-.·-----
(Are you or your spouse legally handicapped or disabled?) people living in household) (Number of
MONTHLY HOUSEHOLD INCOME: $._ _ _ _ _ SOURCE: _ _ _ _ _ __
(Must include all household income)
SOURCE: _ _ _ _ __
SOURCE: _ _ _ _ __
Total: $._ _ __ OTHER: _ _ _ _ _ __
. - ... - -- ' . :
' ' '
I .. .
OWNERSHIP: ( ) . DEED ( ) MORTGAGE ( ) LAND CONTRACT
HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE:._ __
PROPERTY TAXES: ( ) Current ( ) Delinquent Year(s) Due (if any) _ _ _ __
;f .. ·--- ' ' ' .. ~ ' ..
I,.L-~--
__' •... ---• 'I •
4-
i'
• -
•+
• •
OWNER'S SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
information in this application, and all infonnation furnished in support of this application, is true and complete to the best of the
Applicant/Owner's knowledge and belief. The property owni,r's signa~ will l!e required prior to the application be\ng processed
~~
.,, ,,__,,., ,. .,, r•~ •••-
t--"°'~---'
\.JC_';,~'"'#'
~ c,·,,: .· . .
APPROVED ( ) DENIED ( ) DATE , , ... : ,J;:J~NSUS TRACT NO. _ __
STAFF SIONATURE' _·..::~_·.--',-'-·--':.'--.;--':,_,.. _._·'------'---·•'.,__.·,-'-;.:.;\ '!-r1riE'-;.;. ·_______·.i; :.ci::·.: .
COMMENTS/REMARKS
. " .. '. . . · · ·· · , · · . ' ~
• • : .... . ,......~1.- .... ·, -.;,- ;.,~ .. • ' • · ·
· .. i ·1~
**ATTENTION APPLICANT** : '".•'.i'::"'
Please see reverse side for instructions on providing proofofincome; ownership, insurance, and property lru(es.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:
MORTON,TORRENTTOBOURDON
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting MORTON BETWEEN TORRENT AND BOURDON.
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON FEBRUARY 8, 2000 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 DA TE 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 29, 2000 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
City Cle,(,!'.. (.; , . ;
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 08, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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 pubHc 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: 1761 MORTON AVE
Parcel Number 24-777-001-0001-00
Plate Number 24-30-35-426-014
Assessable Frontage:· 62.2 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,077.48
Property Description
SUB DIV OF THE S 1/2 OF BLK 621 LOT 1 & N 1/2 LOT 2 BLK 1 R&M i EXEMPTION-95-
SIDING-$2600 AV
Your vote COUNTS!
IZI
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 )7,6/ /Y,Jo//4.z A::.f
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: Tuesd_ay, February 08, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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. Tc 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: 2207 BLODGETT ST
Parcel Number 24-777-003-0001-00
Plate Number 24-30-35-404-014
Assessable Frontage: 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
SUB DIV OF THE S 1/2 OF BLK 621 LOT 1 BLK 3
•
Your vole COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR _1 A~ OP,;OSED [2;J
t;i't;· "7 17_,
1
Owner
Signature
-----------
-----------
Owner
Signature
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. _,.., .) !,; -1-i. 1· ;
Address Address ,,;,,(c>( v '/ /Jf;t,'dftp.: if -- ,! .•f
------------- . (J
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: Tuesday, February 08, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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: 2209 ESTES ST
Parcel Number 24-777-002-0001-00
P!ate Number 24-30-35-405-0·11
Assessable Frontage: .. 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
SUB DIV OF THE S 1/2 OF BLK 621 LOTS 1 & 2 BLK 2
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR rvi .. I AM OPPOSED
Owner · • lJJ.r-k ·,_~\di Owner
Signature I1-c.o.><2-'---- Signature " ' - - - - - - - - - - - - -
,,,,. C -;.__
Address ✓--A',°) CAI 1::.~, Address
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: Tuesday, February 08, 2000
ProJ~~t Tit1El: • Morton Avenue, Torrent Street to Bourddn Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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: 2192 BLODGETT ST
Parcel Number 24-235-001-0017-00
Plate Number 24-30-35-264-015
Assessable Frontage: 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
DRIVING PARK SUB DIV BEING A SUB DIVISION OF THEW 2/3 OF THEN i 1/2 BLK 621
LOT 17 8L!< 1
•
Your vote COUNTS!
Please vote either il\favor o .opposed to the Special Assessment Street Paving Project.
I AM I~ FAVOR '-~,
.
? -·-------- ~\ ~
I AM OPPOSED
Owner ~L '"'"'
.
.~
.
:.£'.\ 'f-
.
.')Owner_;;, ~ -1:,,w<, .
£ 1Je',;K,c,-JZ-
Signature :
1
· '.' ., Signature -;¢:'~~ /4 ,b¼ A, "-:::>ff
Address , "",.,._, Address ;2/12 l5/xtJezt(
r taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 08, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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, pleas~ return this card by the
datt: in<.iicated above. To use·this response •card piea.se indiCate vvhtetl1er you· Oppose· or
Favor this special assessment project, sign the form and return ii 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: 2214 BLODGETT ST
··P'ari::el Number 24-77i-ooi.002e-oo
· ,Plate N1m1ber •. • 24-30-35A05-001
Jl.ssessable Frontage: 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
SUB DIV OF THE S 1/2 OF BLK 621 LOTS 29 & 30 BLK 2
Your vote COUNTS!
1AM IN FAVOR
Signature
... .,,......... _, • ____
______ , ·· Owner·
Address
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: Tuesday, February 08, 2000
Project Title: Morion Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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 Opprn;e 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: 0 ESTES ST
Parcel Number·· 24-235-001-0016-00.
Plate Number 24-30-35-264-024
Assessable Frontage: 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
DRIVING PARK SUB DIV BEING A SUB DIVISION OF THEW 2/3 OF THEN i 1/2 BLK 621
LOT 16 BLK 1
Your vote COUNTS!
, AM IN FAVOR ~ , AM OPPOSED ll
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owoe,
Signature
f:tlJil;V
____ - ~
µ ~ Owoe,
_
ftf"e/..& S
Signature _'-....bCvnu4.fv"' d,.
S~u_/2_:_,
J/.,,l,,~--:::tZJ
Address
7
J l 87 ~ J:c;i '-:::V - Address ,;2 I87 ?ot[--c:, Jtuoe,
Thank you for taking your time to vote on this important issue.
- -·- ~- - -·--·--·-·- ------- ·········- ---------- -------- _,-----
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To hav13 your vote count, please
Return This Card By: Tuesday, February PB, 2000
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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: 2192 TORRENT ST.
Parcel Number 24-235°002-0017-00
Plate Number 24-30"35-263-015
Assessable Frontage: 62.4 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,084.16
Property Description
DRIVING PARK SUB DIV BEING A SUB DIVISION OF THEW 2/3 OF THEN l 1/2 BLK 621
LOT 17 BLK 2
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED l'ZI
Owner _ _ _ _ _ _ _ _ _ _ _ _ _ Owner JO,(J,U/lf/l fr/, .h-~/«n--
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature g;iC0'0ruv 7:YJ >~vl-ALt::
Address _ _ _ _ _ _ _ _ _ _ _ _ _ Address ,.)('.?;i Tbrl/lc-,c;, sr- ,1,1uJ'K<c-fiJ);v
Thank you for taking your time to vote on this important issue. cJ/'f/oo
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
l~eturn This Ca1·d By: Tuesday, February 08, 20_00
Project Title: Morton Avenue, Torrent Street to Bourdon Street
Project Description: Construct new bituminous pavement with concrete curb and gutter.
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
datb indicated above. To use this response card please indic;;lte 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: 2208 ESTES ST
Parcel Number 24-777-001-0030-00
Plate Number 24-30-35~426-001
Assessable Frontage: 62 Feet
Estimated Front Foot Cost: $33.40 per Foot
ESTIMATED TOTAL COST $2,070.80
Property Description
SUB DIV OF THE S 1/2 OF BLK 621 LOT 30 BLK 1
...__ ·J
•
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR [L] I AM OPPOSED
1
Owner S c ... fr I\ \/\/1,l, \-lJ y:::;J. Owner ---·-
Signature 1:~l a', \A'l.d:i~Lr:_~=~ Signature - - · - - - - · - - - - - -
Address 7 l O ,~ f 5 te 5 ; S+- Address
Thank you for taking your time to vote on this important issue.
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: February 8, 2000
RE: Public Hearing
Amendment to the Special Assessment Roll
Getty Street, Allen to Wesley Avenue
SUMMARY OF REQUEST:
To hold a public hearing to amend the Special Assessment Roll for Getty Street, Allen to Wesley
Avenue and to adopt the attached resolution amending the roll to reflect JEFFREY and
VERONICA C. GRAVES as the owner of741 Getty instead of Frank E. Bruce Jr. as appeared
on the original roll.
FINANCIAL IMPACT:
A total of $4,850.95 will be spread against that one (1) parcel abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
This request will be reviewed by the Committee of the whole at the February 7, 2000 meeting
CITY OF MUSKEGON
Resolution No. 2000-25{d)
Resolution to Amend the Special Assessment Roll
For GETTY STREET, ALLEN TO WESLEY
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 10, 1998, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City. The original Roll was adopted July 27,
1999, and it appears that the roll should be amended to state the correct owner of one
parcel, being 741 Getty Street, 24-205-039-0006-50.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the amended roll filed before or at the
hearing on the amendment.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors as amended is
hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL
FOR GETTYSTREET, ALLEN TO WESLEY
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
· This resolution passed.
Ayes: -~Su..c.....
b1.,. , e__,i. . ._...... er.__,,_....S<£.J.b~ep..ub......e.....r ......
f J ...... d...., _.S.._.i.,.,.e.... . ....i ...., _,$-+p.....a.....
rl.Llad. . .z_,,k • ,,._...B""'e,_..ne...,d...,i...,c'""'t_,_,_
t..,_ar..._.o..._.,__,_.A...,s1....,a.....,k..,,.s.,,._ou..
Nielsen
Nays: None
-~~~------------------------
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on February 8, 2000.
The rrieeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being February 8, 2000.
By ~ C
oo~t:on
GAIL A KUNDINGER, ~
.\flirmaii,I' .\ction
?J1("!24•(170J
1: \".\.'7!!-1!14
!.\ L'724-<, 708
F.\\/7!6-~181
January 28, 2000
(. l'llll'll•r~
!JI "24•6:8J
F.\\:"!6-:=il,I"
('i\il Sl•nin·
!JI .. !4•6"16
F \ \:7!4-44115 West ~Uchlgan's Shoreline Qty
c·lnl..
!JI "!4-<,"0S
07
I·\\ "!4-41"H GRAVES, JEFFREYNERONICA C
741 GETTY ST
MUSKEGON, Ml 49442
!J 1 "!4.r," I"'
I· \ \ "!1,.!5111
t.111,!tllCl'rillg
!JI "!4•1,707 Property Parcel Number: 24-205-039-0006-50 (old parcel number: 613120400064)
F \ \.":'!7-f,'J04 at 741 GETTY
!·111.1un·
!Jl "!H,71J
I· \ \ "'!4-(,"l,,'I
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT
I-in· lll'pl.
!JI "'!4-6"'')!
ROLL
F \.\:7!4.6<J/<IS
Dear Property Owner:
·1 ;I\
!11,:111111'
!Jl,7!H,77U
F.\ \.'7!4.6768 The Muskegon City Commission has previously approved the project described below and will
now consider final confirmation of the special assessment roll:
lnfu. s~~ll.'m.,
!J 1 ""'!4-6744
F \ \ ·7!!-4301 Getty Street, Allen Avenue to Wesley Avenue
l,l•i,urt'!Wr\lCI'
!.I I ·7 !4.(1 704
Public Hearings
F \ \. 7!4-11%
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
\l.111agl•r', Office
!JI "'!~-l,"!4
Tuesday, February 8, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in
I-\\ "!!.1!14 person, by agent or in writing to express your opinion, approval, or objection concerning the
special assessment. Written appearances or objections must be made at or prior to the hearing.
\l.l\ur', Offkc
!.I I "'!4-/,"0\
F\\."!!•1!14 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE
SPECIAL ASSESSMENT IS CONFIRMED FEBRUARY 8, 2000, YOU WILL HAVE THIRTY (30)
!JI "'!~.f,iJS DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
I·\\ "'!(,.!!-Ul MICHIGAN TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
l'l.111 ning 1/.uning
EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR
!JI '!4-f,iU! RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
I·\\. -:'!4-t,-:''lO
l'"l"·l·lh•jll.
Costs
: I I ""!4-(,":"H
I· \\·~!!.51411 The final projected cost of the street improvement portion of the project is $1,465,000.00 of which
l'uhhr \\ nrl..,
$65,937.00 ( 4.50%) will be paid by special assessment to property owners. If the special
!JI "7!4-4!00 assessment is confirmed, your property will be assessed $4,650.00 based on 150 feet
I· \\/7!!•411'18 assessable front footage at $31.00 per assessable foot for the street improvements. In addition,
you will be assessed $200.95 for driveway approach and/or sidewalk improvements made to your
I n·a,urcr
2.11:nu,1.w property for a total special assessment cost of $4,850.95. Following are the terms of the special
H.\17!4-6768 assessment:
\\ .\ll'f Billing 0t'III,
?Jlf7H.<,718 Assessment Period: Ten (10) Years
F.\\/7!4-67611 Interest Rate: 5% per year
First Installment: $485.10
\\ ,1lt'r Filtration
::!Jl/'724-4106
Due Date: April 17, 2000
F.\\"J75:1i-5?'J\I
City of fyluskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
The total assessment may be paid in full any time prior to the due date shown above without interest being
charged. After this date, interest will be charged at the rate shown above on the outstanding balance.
Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your
assessment in installments, your annual installment (including interest) will be included as a separate Item
on your property-tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow
agent, you should notify them of this change. Early payments may be made at any time and are
encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU
WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR
INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST
COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH
THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering Department at 231-
724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on
the payment options and financial assistance programs available.
Sincerely,
-;,)J,:-/&,;.~ w,;tJJ
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 $15,000.
• 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 lime the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options (including deferment applications) may be
obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at
724-6720.
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
724-4121.
.., •• I vr lVIU.)~\jUN
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
.·.... STREET ASSESSMENT Pltc)GRAM ·
.. ..-; :'·! \'
:,J~ . REQUEST FOR WAIVER OF SPECIAI/ASSESSMRNT
.·,_ -, _..• ,.,. • L- . .. ,. .. . .
?roperty owners in your are~ are be_ing ~.ially assessed by the City of Muskegon for roadway improvements. City
Jrdinances require that property owners be responsible for the special assessment for roadwork done to their property's
issessable fro_ntage. To assist homeowm:rs who may have difpculty paying the costs of the spc:cial assessment. the City
Jffers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households
10d families. If you meet the CDBG program qualifications, the City may pay for your special assessment.
~pplication 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 federal/state income tax returns, copies of pension or other
benefit checks or agency statements from all household income.
2000
. ·:__- ~ _ : __
1 $21,580
2 · · 24.635
3 27,755
4 30,810
5 33.280
6 35,750
7 38,220
8 40,690
For each extra, add 2,800 ..
• Applicants must submit proof that they both own and occupy property at the time of application; Land Contract
purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be a deed.
mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing
both your name and address.
• Applicant must submit proof of current property insurance; and
• Applicant must submit a recent property tax receipt to show that all tax payments are current.
Please complete the fint four (4) sections of the application on the reverse side of this notice, and return it,
along with supporting documentation to: · .· City of Muskegon .
.. . Community • Neighborhc>od,S,ervices
. ·,Ji Street, 2nd Floor . Teri-ace
: Muskegon, MI 49440
Applications must be submitted prior to confirmation of the special assessment roll takes place. 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,
• ,._ . • ..,....,.,--~,.,.. .. •r
._ --. ·.
and to.·.-;..",•.·~.•.,
reject any. . applications
,_
.·a· • . . ,.,. •. , •. ·
thai.containfalsifiea
., ··
information or insufficient documentation, .· _. ·;. · .; · •·
.,,....
Last Update: February, 1997
'--11 J'. Ul' IVlUi:,AJ!.\:,Ul''I
STREET ASSE~SMENT f.~O~MM
T u.a:.:!olJ W . . >!!E~!!.!!l!ll.A
NAME: _ _ _ ___;__ _ _...;...._ __ BIRTHDATE: ·-~'-''~ :" •".·" · ·
SPOUSE'S NAME:._ _ _ _ _ _ _ _ _ BIRTHDATE:._'----...:_
.
ADDRESS: _ _ _ _ _ _ _ _ _ __ PHONE:...;;.·•-'----'------
NUMBER OF UNITS: _ _ _ PARCEL#: _ _ _ _ _ PLATE#:._ __..;._
(Single family or# of Apts) (If known) (If known)
ETHNIC CLASS: _ _ _ _ _ _ _ _ _ MARITAL STATUS:._ _ _ __
(Asian, Black, Hispanic, Native Americ~, White, etc) (Married, Single, Divorced, Widowed, Separated)
HANDICAPPED: ( )Yes ( ) No FAMILY'~izE:--'-._ _ __
(Are you or your spouse legally handicapped or disabled?) .(N~ber people living in household) of
MONTHLY HOUSEHOLD INCOME: $._ _ __ SOURCE: _ _ _ _ __
(Must include all household income)
SOURCE: _ _ _ _ __
SOURCE: _ _ _ _ __
Total: $_ _ __ OTHER: _ _ _ _ __
-- - -- ~···
. . '
OWNERSHIP: ( ) DEED ( ) MORTGAGE ( ) LAND CONTRACT
HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE: _ __
PROPERTY TAXES: ( ) Current ( ) Delinquent Year(s) Due (if any) _ _ _ __
'k • .• ···- • . .. . ,.
it , ' .' ' '
t· ' .
,L .··A __ .. _ L.-... ·'- . '- .' .
OWNER'S SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
information in this application, and all infonnation furnished in support of this application, is true and complete to the best of the
. , .,· -~"'."_, ._~-,
Applicant/Owner's knowledge and belief. The property owner's sign~ will l!e required prior to the appljcation be\ni proccsscd-
~
..
.. , ---. ...
t
~
,4- r•,.~... ,·,
;; 7 ; :•• ,._ .-
~ - ...""lo.!ll:a!...:. ••.
. '
APPROVED ( ) DENIED ( ) DATE·,, ... ., ·':-~.~SUS TRACT NO. _ __
! ·.·, ·<, ..:.:,.=.i1:>.::-r•:.,· ,-·.-··..:'.i\'l(:;11;;k.,,:: ··!.:·~:;,. ·:. ·, '.·+
STAFF SIGN_ATURE-"-.;,.·...;_...;_-'---'-----,--'--'-'_,_~.;. ;,·TITI,E
• - - ' - - - - - - - :,.111n:, '.':· · . :.. l \
COM~lfrS/REMARKS - - -- · ,, · •. ,.: .... ,,.,.,.),.,._.~ o.J~-~-,~,,;l~••
... i ·-J·
**ATTENTION .APPLICANT** · \--.,:,:•,;.'.'' ,,. -~·-,). :" ~
Please see reverse side for instructions on providing proofof income; ownership, insurance, and property taxes.
H-1456
Getty Street, Allen Avenue to Wesley Avenue
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW
·······--- TOTAL
24-121-300-0126-00 810 ALLEN YAGER, DIANNA 810 ALLEN MUSKEGON Ml 49442-0 $2,077.00 $0.00 $2,077.00
24-121-300-0067 -00 0 AMITY WYNN, BOAZIE/GERALDI 824AMITY MUSKEGON Ml 49442 $1,953.00 $11.02 $1,964.02
24-205-051-0001-40 791 AMITY TIBBS, MICHAEL W & DIA 1983 E SUMMIT MUSKEGON Ml 49444 $1,364.00 $19.73 $1,383.73
24-205-050-0021-50 792 AMITY US DEPARTMENT OF HU 50 LOUIS ST NW GRAND RAPID Ml 49503-2 $1,364.00 $0.00 $1,364.00
24-121-300-0108-00 807 AMITY ALLERS RANDY L 931 POST RD MUSKEGON Ml 49441 $1,348.50 $0.00 $1,348.50
24-205-039-0001-00 0 GETTY CITY OF MUSKEGON BETWEEN MARCOUX $0.00 $0.00 $0.00
24-205-039-0006-00 0 GETTY CITY OF MUSKEGON BETWEEN OAK & MA $0.00 $0.00 $0.00
24-590-001-0003-00 0 GETTY CITY OF MUSKEGON C/O PLANNING DEPT I 00000 $0.00 $0.00 $0.00
24-590-002-0001-00 0 GETTY CITY OF MUSKEGON PLANNING DEPT MUSKEGON Ml 49443 $0.00 $0.00 $0.00
24-590-001-0001-00 607 GETTY BELMAREZ, ELIA 607 GETTY ST MUSKEGON Ml 49442 $527.00 $0.00 $527.00
24-590-001-0002-00 613 GETTY HARVEY, THOMAS 613GETTY ST MUSKEGON Ml 49442 $1,240.00 $21.87 $1,261.87
24-590-001-0030-00 625 GETTY UNDERWOOD, CARL R 625 GETTY MUSKEGON Ml 49442 $992.00 $27.00 $1,019.00
F -
24-590-001-0028-00
-
24-205-039-0006-50
631
741
GETTY
GETTY
BAILEY, DONALD
BRUCE, FRANKE JR
631 GETTY
741 GETTY ST
MUSKEGON
MUSKEGON
Ml 49442
Ml 49442
$2,480.00
$4,650.00
$0.00
$200.95
$2,480.00
$4,850.95
--- -
~ H-1456
Getty Street, Allen Avenue to Wesley Avenue
SPECIAL ASSESSMENT ROLL
DR APP
'ARCEL @ PAVING /SW TOTAL
. -~----- -- ..
4-205-050-0001-20 827 GETTY CLARK, WALTER G 3835 ELLIS MUSKEGON Ml 49444 $2,015.00 $10.81 $2,025.81
4-205-050-0001-40 829 GETTY ODIE, GRIVERS JR. 829GETTY ST MUSKEGON Ml 49442 $1,550.00 $10.08 $1,560.08
4-121-300-0040-00 840 GETTY BABCOCK, CHERYL L 840 GETTY ST MUSKEGON Ml 49442 $2,046.00 $11.73 $2,057.73
4-121-300-0054-00 854 GETTY JONES, JACQUELINE 854GETTY MUSKEGON Ml 49442 $1,271.00 $0.00 $1,271.00
4-205-050-0021-10 861 GETTY STEGALL, HALBERT 861 GETTY ST MUSKEGON Ml 49442 $1,364.00 $13.13 $1,377.13
4-121-300-0055-00 862 GETTY MCKINNES, LARISSA 862 GETTY MUSKEGON Ml 49442 $1,705.00 $11.24 $1,716.24
4-205-050-0021-40 871 GETTY GRAY, MARYE 871 GETTY ST MUSKEGON Ml 49442 $1,364.00 $13.62 $1,377.62
4-121-300-0056-00 872 GETTY HARRIS, ENICE F. JR 872 GETTY MUSKEGON Ml 49442 $1,550.00 $11.45 $1,561.45
4-205-050-0021-20 881 GETTY CHAPO, WILLIE B 881 GETTY MUSKEGON Ml 49442 $1,364.00 $0:00 $1,364.00
4-121-300-0109-00 922 GETTY LANE, DARRYL 922 GETTY MUSKEGON Ml 4944_2 $1,395.00 $17.93 $1,412.93
4-205-051-0001-70 927 GETTY SINGELTON, JAMES L & J 3925 E APPLE AVE MUSKEGON Ml 49442 $3,534.00 $15.24 $3,549.24
4-121-300-0125-00 928 GETTY QUINN, LEROY & DENISE 928 GETTY MUSKEGON Ml 49442 $2,015.00 $17.01 $2,032.01
4-205-051-0001-60 935 GETTY BLAIN EMMAP 754ALLEN MUSKEGON Ml 49442 $992.00 $27.09 $1,019.09
4-205-050-0001-10 789 OAK LESTER, JOHN B 1268 EDINBOROUGH MUSKEGON Ml 49441 $1,472.50 $0.00 $1,472.50
H-1456
Getty Street, Allen Avenue to Wesley Avenue
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
24-205-039-0007-10 790 OAK SINGLETON, JAMES 3925 E APPLE AVE MUSKEGON Ml 49442 $6,882.00 $0.00 $6,882.00
· 24-121-300-0003-00 808 OAK VANDERSTELT, TIMOTHY 808 OAK MUSKEGON Ml 49442 $13,702.00 $277.91 13,979.91
24-121-300-0024-00 809 OAK ELLIOTT, MARY L 809 OAK MUSKEGON Ml 49442 $2,046.00 $0.00 $2,046.00
24-205-050-0001-50 790 ORCHARD YOUNG, EASTER 790 ORCHARD MUSKEGON Ml 49442 $1,674.00 $0.00 $1,674.00
24-121-300-0001-00 0 WESLEY MUSK INTER SCH DISTRI 630 HARVEY ST MUSKEGON Ml 49442 $0.00 $0.00 $0.00
TOTALS----- $65,937.00 $717.81 $66,654.81
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~~dJ_~--~01
---- ---------
LA~. MILLARD, CMAE 4, CITY ASSESSOR
DATE
d~,.,t.A tf-J--/'f
TIMOTH ~ L S K I '- DATE
~:l7::1Y
mw!~/~ DATE
H-1456
Getty Street, Allen Avenue to Wesley Avenue
AMMENDED SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
24-121-300-0126-00 810 ALLEN YAGER, DIANNA 810 ALLEN MUSKEGON Ml 49442-0 $2,077.00 $0.00 $2,077.00
24-121-300-0067-00 0 AMITY WYNN, BOAZIE/GERALDI 824AMITY MUSKEGON Ml 49442 $1,953.00 $11.02 $1,964.02
24-205-051-0001-40 791 AMITY TIBBS, MICHAEL W & DIA 1983 E SUMMIT MUSKEGON Ml 49444 $1,364.00 $19.73 $1,383.73
24-205-050-0021-50 792 AMITY US DEPARTMENT OF HU 50 LOUIS ST NW GRAND RAPID Ml 49503-2 $1,364.00 $0.00 $1,364.00
24-121-300-0108-00 807 AMITY ALLERS RANDY L 931 POST RD MUSKEGON Ml 49441 $1,348.50 $0.00 $1,348.50
24-205-039-0001-00 0 GETTY CITY OF MUSKEGON BETWEEN MARCOUX $0.00 $0.00 $0.00
24-205-039-0006-00 0 GETTY CITY OF MUSKEGON BETWEEN OAK & MA $0.00 $0.00 $0.00
24-590-001-0003-00 0 GETTY CITY OF MUSKEGON C/O PLANNING DEPT I 00000 $0.00 $0.00 $0.00
24-590-002-0001-00 0 GETTY CITY OF MUSKEGON PLANNING DEPT MUSKEGON Ml 49443 $0.00 $0.00 $0.00
24-590-001-0001-00 607 GETTY BELMAREZ, ELIA 607 GETTY ST MUSKEGON Ml 49442 $527.00 $0.00 $527.00
24-590-001-0002-00 613 GETTY HARVEY, THOMAS 613 GETTY ST MUSKEGON Ml 49442 $1,240.00 $21.87 $1,261.87
24-590-001-0030-00 625 GETTY UNDERWOOD, CARL R 625 GETTY MUSKEGON Ml 49442 $992.00 $27.00 $1,019.00
24-590-001-0028-00 631 GETTY BAILEY, DONALD 631 GETTY MUSKEGON Ml 49442 $2,480.00 $0.00 $2,480.00
24-205-039-0006-50 741 GETTY GRAVES, JEFFERY/MON! 741 GETTY ST MUSKEGON Ml 49442 $4,650.00 $200.95 $4,850.95
H-1456
Getty Street, Allen Avenue to Wesley Avenue
AMMENDED SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
24-205-050-0001-20 827 GETTY CLARK, WALTER G 3835 ELLIS MUSKEGON Ml 49444 $2,015.00 $10.81 $2,025.81
24-205-050-0001-40 829 GETTY ODIE, GRIVERS JR. 829 GETTY ST MUSKEGON Ml 49442 $1,550.00 $10.08 $1,560.08
24-121-300-0040-00 840 GETTY BABCOCK, CHERYL L 840 GETTY ST MUSKEGON Ml 49442 $2,046.00 $11.73 $2,057.73
24-121-300-0054-00 854 GETTY JONES, JACQUELINE 854 GETTY MUSKEGON Ml 49442 $1,271.00 $0.00 $1,271.00
24-205-050-0021-10' 861 GETTY STEGALL, HALBERT 861 GETTY ST MUSKEGON Ml 49442 $1,364.00 $13.13 $1,377.13
24-121-300-0055-00 862 GETTY MCKINNES, LARISSA 862 GETTY MUSKEGON Ml 49442 $1,705.00 $11.24 $1,716.24
24-205-050-0021-40 871 GETTY GRAY, MARYE 871 GETTY ST MUSKEGON Ml 49442 $1,364.00 $13.62 $1,377.62
24-121-300-0056-00 872 GETTY HARRIS, ENICE F. JR 872 GETTY MUSKEGON Ml 49442 $1,550.00 $11.45 $1,561.45
24-205-050-0021-20 881 GETTY CHAPO, WILLIE B 881 GETTY MUSKEGON Ml 49442 $1,364.00 $0.00 $1,364.00
24-121-300-0109-00 922 GETTY LANE, DARRYL 922 GETTY MUSKEGON Ml 49442 $1,395.00 $17.93 $1,412.93
24-205-051-0001-70 927 GETTY SINGELTON, JAMES L & J 3925 E APPLE AVE MUSKEGON Ml 49442 $3,534.00 $15.24 $3,549.24
24-121-300-0125-00 928 GETTY QUINN, LEROY & DENISE 928 ~ETTY MUSKEGON Ml 49442 $2,015.00 $17.01 $2,032.01
24-205-051-0001-60 935 GETTY BLAIN EMMAP 754ALLEN MUSKEGON Ml 49442 $992.00 $27.09 $1,019.09
24-205-050-0001-10 789 OAK LESTER, JOHN B 1268 EDINBOROUGH MUSKEGON Ml 49441 $1,472.50 $0.00 $1,472.50
H-1456
Getty Street, Allen Avenue to Wesley Avenue
AMMENDED SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
24-205-039-0007-10 790 OAK SINGLETON, JAMES 3925 E APPLE AVE MUSKEGON Ml 49442 $6,882.00 $0.00 $6,882.00
24-121-300-0003-00 808 OAK VANDERSTELT, TIMOTHY 808 OAK MUSKEGON Ml 49442 $13,702.00 $277.91 13,979.91
24-121-300-0024-00 809 OAK ELLIOTT, MARY L 809 OAK MUSKEGON Ml 49442 $2,046.00 $0.00 $2,046.00
24-205-050-0001-50 790 ORCHARD YOUNG, EASTER 790 ORCHARD MUSKEGON Ml 49442 $1,674.00 $0.00 $1,674.00
24-121-300-0001-00 0 WESLEY MUSK INTER SCH DISTRI 630 HARVEY ST MUSKEGON Ml 49442 $0.00 $0.00 $0.00
TOTALS ... $65,937.00 $717.81 $66,654.81
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
DATE
DATE
DATE
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 HARRIS DRIVE
P.O. BOX 30005
LANSING, MICHIGAN 48909
DENIAL OF A REQUEST FOR A LICENSE
(M.A.C. R436.1105 & R436.1925)
February 7, 2000 ./ I,,
-........,-...._J
Ben Roberts, Jr. REQ ID# 38554
864 Emerald Street
Muskegon Ml 49442
Dear Applicant:
The Commission at a meeting held on January 12, 2000, issued the attached order of
denial of your request for a new SOM license, to be located at 248 Mason, Muskegon
Ml 49441, Muskegon County.
Any request for a hearing must be made in writing, by the applicant, to the Lansing
office of the Commission within 20 days from the date of the mailing of this decision of
denial. If you have any questions, please call the Licensing Division, at (517) 322-1400
and give the operator the type of license denied to ensure you are directed to the
correct section.
alf
enclosure
cc: Grand Rapids District Office w/encl
Muskegon Police Department w/encl
Muskegon City Commission w/encl
Gary L. Veurink, Attorney w/encl
LC-33 REV. 5-84
4880-1206
Michigan Department of Consumer and Industry Services
Liquor Control Commission
INTER-OFFICE CORRESPONDENCE II-8
ORDER
TO Licensing Section F6 January 12, 2000
Licensing and Enforcement Divisions DAIB
FROM Administrative Commissioners
Ben Roberts, Jr.
SUBJECT:
248 Mason # 38554
Muskegon, Michigan 49441 Muskegon County
Application for a new Specially Designated Merchant license.
Commission rule R 436.1105 provides in pertinent part as follows:" ... (2) The commission shall
consider all of the following factors in determining whether an applicant may be issued a license: (a)
The applicant's management experience in the alcoholic liquor business ... (d) The opinions of the
local residents, local legislative body, or local law enforcement agency with regard to the proposed
business. . .(g) Past criminal convictions of the applicant for crimes involving moral turpitude,
violence, or alcoholic liquor... (i) The effects that the issuance of a license would have on the
economic development of the area ... G) The effects that the issuance of a license would have on the
health, welfare, and safety of the general public."
The Commission finds that the applicant previously held Specially Designated Distributor and
Specially Designated Merchant licenses at the subject location from November 19, 1991 until the
licenses were placed in escrow on or about April 30, 1997 and terminated on April 30, 1998 pursuant
to the provisions of Commission rule R 436.1107 and that the applicant was cited and found
responsible for two (2) violations of the Michigan Liquor Control Code and Administrative Rules
with one (1) violation involving sale of alcoholic liquor to persons under the age of 21.
The Commission finds that the applicant was convicted of one (1) Count ofDelivering Dangerous
Drugs in 1987 and served two (2) years probation which terminated in 1989.
The Commission finds that the Muskegon City Commission and the Muskegon Police Department
did not recommend the granting of this application based upon the previous operations and that the
business is a detriment to the neighborhood.
NOW, THEREFORE, IT IS THE ORDER OF THE COMMISSION THAT THE APPLICATION
AS MADE BY BEN ROBERTS, JR. FOR A NEW SPECIALLY DESIGNATED MERCHANT
LICENSE TO BE HELD AT 248 MASON, MUSKEGON, MUSKEGON COUNTY, BE DENIED,
PURSUANT TO COMMISSION RULER 436.1105(2)(a)(g) AFTER CONSIDERATION OF THE
OPERATING RECORD OF THE APPLICANT AS A LICENSEE OF THE COMMlSSION AND
THE ARREST AND CONVICTION RECORD OF THE APPLICANT; PURSUANT TO
COMMISSION RULE R 436.1105(2)(d)(i) INASMUCH AS THE MUSKEGON CITY
COMMISSION AND THE MUSKEGON POLICE DEPARTMENT DID NOT RECOMMEND
THE GRANTING OF THIS APPLICATION BASED UPON THE PREVIOUS OPERATIONS
AND THE DETRIMENT TO THE NEIGHBORHOOD; AND PURSUANT TO COMMISSION
LC,7ll•L Rev.6196
4880-l(}l0
Michigan Department of Consumer and Industry Services
Liquor Control Commission
INTER-OFFICE CORRESPONDENCE II-8
ORDER
TO Licensing Section F6 January 12, 2000
Licensing and Enforcement Divisions DATE
FROM Administrative Commissioners
Ben Roberts, Jr.
SUBJECT:
248 Mason # 38554
Muskegon, Michigan 49441 Muskegon County
RULER 436.1105(2)G) AFTER CONSIDERING THE ADVERSE IMP ACT THE GRANTING
OF THIS APPLICATION MAYHAVE ON THE HEALTH, WELFARE AND SAFETY OF THE
GENERAL PUBLIC.
c:\MyFiles\Dockets\01-12-2000\BenRobertsJr.O30
LC-7ll-L Rev. 6/96
4880-10-10
Date: February 2, 2000
To: Honorable Mayor and City Commission
From: Legislative/Policy Committee
RE: Committee of the Whole Meetings
SUMMARY OF REQUEST: Legislative Policy Committee is requesting
to eliminate the Committee of the Whole meetings on the Mondays
preceding the second and fourth Tuesday City Commission Meetings.
A monthly worksession will be held with city staff. The date of that
meeting needs to be determined. This will begin for a trial period
starting in March. The committee requested input from city staff.
Department Heads will discuss this at their February 3, 2000 meeting.
Also requested by the committee was that the City Clerk and City
Manager have the authority to put together a Consent Agenda for the
Tuesday City Commission meetings. This shall begin on the first
meeting in the month of February.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION: Committee of the Whole will
discuss this item at their meeting on January 10, 2000.
2000- 26(a )
NOTIC E
City Commission Meetings
City of Muskegon
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, 933
Terrace Street, Muskegon, Michigan, telephone 724-6705, will hold Regular
Meetings on the Second and Fourth Tuesdays of each month at 5:30 p.m., in the
City Commission Chambers in City Hall, 933 Terrace Street, Muskegon, Michigan.
The City Commission Worksession will be held on the Monday prior to the
Second Tuesday of each month at 5: 15 p.m., in the City Commission Chambers
in City Hall, 933 Terrace Street, Muskegon, Michigan.
For any rescheduled regular or special meetings of the City Commission, a public
notice stating the date, time, and place of the meeting will be posted at least 18
hours prior to the meeting.
Proposed minutes of each of the meetings will be available for public inspection
during regular business hours, at the City Clerk's office not more than eight (8)
business days after the date of said meetings, and approved minutes of each
meeting will be available for public inspection during regular business hours, at
the same location, not more than five (5) business days after the meeting at
which the minutes were approved.
This notice is given in compliance with Act No. 267 of the Public Acts of
Michigan, 1976.
~o-L~~
J
Gail A. Kundinger, CMC/AAE
City Clerk
ADA POLICY The City will provide necessary appropriate auxiliary aids and services, to individuals
with disabilities who want to attend the meeting, upon twenty-four (24) hour notices to the C ity of
Muskegon. Please contact Gail Kundinger, City Clerk, 933 Terrace Street, M uskegon, MI 49440 or by
callin g (23 1) 724-6705 or TDD 724-6773.
Gail A. Kundinger, CMC/AAE
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETINGS
2000
City Hall Commission Chambers - Room 107 - 5:30 p.m.
January 11
25
February 8
22
March 14
28
April 11
25
May 9
23
June 13
27
July 11
25
August 8
22
September 12
26
October 10
24
November 14
28
December 12
**City Commission Worksession meeting will be held on the Monday before the 2nd
Tuesday City Commission meeting. The meeting will begin at 5: 15 p.m. and will be in
the City Commission Chambers (Room 107) on the first floor of City Hall, 933 Te1rnce
Street, Muskegon, MI.
RESOLUTION NO. 2000- 26(b)
MUSKEGON CITY COMMISSION
RESOLUTION OPPOSING THE IMPLEMENTATION
OF U.S. ENVIRONMENTAL PROTECTION AGENCY
"ONE-HOUR" OZONE MONITORING RULES
WHEREAS, the Muskegon City Commission strives to provide a high standard of living for community residents;
and
WHEREAS, the City of Muskegon is experiencing an economic renaissance; and
WHEREAS, under current E.P .A. regulations, the City of Muskegon and Muskegon County are classified as
attainment areas for the purpose of monitoring air quality; and
WHEREAS, the United States Environmental Protection Agency proposes to re-institute "one-hour" air quality
monitoring and utilize past air quality data (rather than more recent data) for purpose of determining compliance
with U.S. air quality standards; and
WHEREAS, the re-institution of this method of monitoring will result in the classification of Muskegon County and
all the communities within as "non- attainment" areas for air quality; and
WHEREAS, classification as a "non-attainment" area will have a severe negative impact upon the economy of the
City of Muskegon and the entirety of Muskegon County; and
WHEREAS, scientific studies have indicated that the ozone levels found in Muskegon County are not the direct
result of emissions produced in Muskegon County but rather from other major cities to the South and West.
NOW, THEREFORE, BE IT RESOLVED, that the Muskegon City Commission opposes the re-institution of the
"one-hour" ozone monitoring rules by the U.S. Environmental Protection Agency.
BE IT FURTHER RESOLVED, that the Muskegon City Commission encourages the U.S. Environmental Protection
Agency to consider some other form of monitoring air quality as to not implement "unfair" requirements upon the
City of Muskegon and Muskegon County.
th
Adopted this 8 Day ofFebrnary 2000.
AYES: Benedict, Nielsen, Schweifler, Sieradzki, Spataro, Aslakson
NAYS: None
ABSENT: None
ABSTAIN: Shepherd
BY:
BY:
I attest that the foregoing constitutes a trne and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on February , 2000.
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