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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 12, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
a. Civil Rights Act of 1964
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. FY 1998 Local Law Enforcement Block Grant Expenditures. POLICE
c. Muskegon/Muskegon Heights Renaissance Zone Cooperation
Agreement. PLANNING & ECONOMIC DEVELOPMENT
d. Six Month Extension to Complete Construction of Home.
PLANNING & ECONOMIC DEVELOPMENT
e. Sale of Vancant Non-Buildable Lots in East Muskegon. PLANNING
& ECONOMIC DEVELOPMENT
f. MDOT/City of Muskegon State Highway Maintenance Contract.
PUBLIC WORKS
• PUBLIC HEARINGS:
a. 2001 Budget. FINANCE
b. Request for an Industrial Facilities Exemption Certificate - SAPPI
Fine Paper. PLANNING & ECONOMIC DEVELOPMENT
c. Request for Time Extension for IFT Certificate No. 97-534 Neway
Anchorlok International.
d. Create the Special Assessment District for Irwin Avenue.
ENGINEERING
e. Spreading the Special Assessment Roll for Morton Avenue.
ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. SECOND READING, Danaerous Building Ordinance. INSPECTION
SERVICES DEPARTMENT
b. Lighthouse Park. LEISURE SERVICES
• NEW BUSINESS:
a. FY 2000 Local Law Enforcement Block Grant. POLICE
b. Walker Arena Compressors. LEISURE SERVICES
c. Whittaker Electric Renaissance Zone Expansion, Parker Plastics.
PLANNING & ECONOMIC DEVELOPMENT
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limif 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, MUSMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724"4172.
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··"· , ·' WHEREAS, by Act of Congress of the United States dated July 2, 1964, the
'j. · · · Civil Rights Act of 1964 was adopted banning discrimination
·· . · becaus.e of a person's color, race, national origin, religion, or sex;
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by''Act of Congress of the United States dated December 6,
·1'865, the 13th Amendment of the Constitution of the United
States was adopted abolishing slavery; and
by Act of Congress of the United States dated July 9, 1868, the
14th Amendment of the Constitution of the United States was
adopted giving all persons born or naturalized in the United
States the right to due process and equal protection under the
law: and
---~-~- WHEREAS, by resolution of the National League of Cities, we declare racism
unjust and advocate equal rights for all.
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THEREFORE, I, Fred J. Nielsen, Mayor of the City of Muskegon,
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Michigan, on behalf of the entire City Commission, do hereby
,,,ff ffJ} proclaim September 20, 2000 as "Undoing Racism Day" in the City
\, ,,,;. of Muskegon, Michigan, and urge all citizens to join together
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today for the first annual UNDOING RACISM DAY to reaffirm
our commitment to ensure equality and freedom for all the people
regardless of race, religion, sexual preference, or gender.
IN WITNESS WHEREOF, I hereunto
set my hand and cause the seal of the
City to be affixed this 12th day of
September, 2000.
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Date: September 12, 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, August 22, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 12, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 8, 2000.
Mayor Nielsen opened the meeting by introducing Pastor John Evans from the
Greater Joy Outreach Church. Pastor Evans offered the opening prayer after which
members of the City Commission 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 Jone
Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Lawrence Spataro
Absent: None
Tardy: Commissioner John Aslakson (arrived at 5:36 p.m.)
HONORS AND AWARDS:
Mayor Nielsen presented Patrick Simpson, Fire Chief with an award from Scent-Lok
for their outstanding efforts in protecting the company and most importantly con-
taining a fire which broke out in the structure they were leasing during the 1998
Thanksgiving Holiday.
Mayor Nielsen presented Anthony Kleibecker, Police Chief with an award from
Scent-Lok for their protective services during their extended residency in a building
that left much to be desired in it's security attributes.
September has been declared National Alcohol & Drug Addiction Recovery
Month.
There was a resolution proclaiming September 20, 2000 as "Undoing Racism Day"
in the City of Muskegon, Michigan, and urging all citizens to join together for the first
annual UNDOING RACISM DAY to reaffirm our commitment to ensure equality and
freedom for all people regardless of race, religion, sexual preference, or gender.
2000-086 CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion.
No separate discussion will be held on these items. If discussion of an
item is required, it will be removed from the Consent Agenda and be
considered separately.
a. Approval of Minutes.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meet-
ing that was held on Tuesday, August 22, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. FY 1998 Local Law Enforcement Block Grant Expenditures.
POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission ap-
prove the use of Fiscal Year 1998 Local Law Enforcement Block Grant (LLEBG) money
to purchase 3 Panasonic Toughbook Ruggedized laptop computers. This purchase
includes additional hardware, which will allow the laptops to be mounted in the po-
lice cruisers. This would replace the current configuration of having a Mobile Data
Terminal and a laptop in each cruiser. The Panasonic laptop will be dual function,
allowing officers to run computer queries and complete reports in the field.
BUDGET ACTION REQUIRED: $18,494.00 in grant money to be utilized for this pur-
chase. Information Systems staff have assisted us in preparing this package. Funds
from the Fiscal Year 1998 Local Law Enforcement Block Grant must be expended no
later than September 30, 2000.
FINANCIAL IMPACT: Will reduce costs associated with maintaining two computers
in each cruiser.
STAFF RECOMMENDATION: To grant approval for the use of Local Law Enforce-
ment Block Grant funds for this project.
c. Muskegon/Muskegon Heights Renaissance Zone Cooperation
Agreement.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution entering into an agreement with
the City of Muskegon Heights to share (equally) the number of sub-zones available to
each community (5 per community) and agreeing that the City of Muskegon will not
withhold support for the expansion of existing, or the creation of, new Renaissance
sub-zones by the City of Muskegon Heights. This agreement will only be valid upon
SEPTEMBER 12, 2000 2
receipt of a resolution from the Muskegon Heights City Council agreeing to the same
terms.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
d. Six Month Extension to Complete Construction of Home.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a six-month extension to allow Mr. Juan & Mrs.
Antoinette Ware to complete construction of a single-family home on Meeking
Street. The original agreement between the City and the Wares stipulated that con-
struction of the home was to be completed within 18 months. The City has customar-
ily granted extensions to persons who have shown that they are dedicated to com-
pleting construction and worked with staff to select a competent builder to construct
the home and feel that the six month extension will allow them enough time to build
their home.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the time extension, as
well as, authorization for both the Mayor and the Clerk to sign the resolution and
deed.
Motion by Commissioner Benedict, second by Commissioner Aslakson to approve
the Consent Agenda with the exception of items {e) and {f).
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
ADOPTED
2000-087 ITEMS REMOVED FROM CONSENT:
e. Sale of Vacant Non-Buildable Lots in East Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant lots designated as map
numbers 24-31-33-106-021 & 022 to Mr. Eddie Whisler of 1993 Austin. Each lot has ap-
proximately 33 feet of frontage but combined would meet the definition of a build-
able lot. Staff and the Land Reutilization Committee agreed that the likelihood of
someone purchasing the two lots for the construction of a new home was very low,
and consequently recommended approval of the sale to Mr. Whisler. The parcels
are being offered for $100 each. The other adjacent property owner showed no in-
terest in purchasing any of the lots.
SEPTEMBER 12, 2000 3
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution. The Land Reutilization Committee rec-
ommended this sale at their October 1999 meeting.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap-
prove the sale of the vacant lots to Mr. Eddie Whisler of 1993 Austin.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
f. MDOT/City of Muskegon State Highway Maintenance Contract.
PUBLIC WORKS
SUMMARY OF REQUEST: The Michigan Department of Transportation (MOOT) de-
sires to renew its contract with the City of Muskegon for road maintenance on State
Highways located within the City of Muskegon.
The City of Muskegon designates Robert Kuhn, its Public Works Director, as the
Maintenance Superintendent on state trunkline highways, and authorizes him and
the City Clerk to execute this contract on the City's behalf.
This is a three-year renewable contract.
FINANCIAL IMPACT: Our annual contract with MOOT is approximately $204,000 per
year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Recommend approval of three-year contract, with the
designation of Robert Kuhn as the Maintenance Superintendent, and authorizes him
and the City Clerk to execute the contract on the City's behalf.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to renew
the contract with the Michigan Department of Transportation for road maintenance
on State highways located within the City of Muskegon and authorize Robert Kuhn,
Public Works Director and the City Clerk to execute the contract on the City's behalf.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
ADOPTED
SEPTEMBER 12, 2000 4
2000-088 PUBLIC HEARINGS:
a. 2001 Budget.
FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's pro-
posed budget for the year 2001. The proposed 2001 budget has been available for
public inspection at City Hall and at the Hackley Public Library since September l st •
At this time the City Commission may take action to adopt the 2001 budget with
whatever changes or adjustments it deems necessary. In any event, City Charter re-
quires the 200 l budget be adopted no later than September 25, 2000.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2001. As proposed, the budget includes no property tax in-
crease.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the legal
appropriation authority necessary for City departments to conduct operations in
2001.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2001 City of Muskegon Budget resolution. Also, approval
of the 3rd quarter 2000 Budget Reforecast as shown in the Budget Book is recom-
mended at this time. The Commission met in a Worksession Monday, September 11 th
to review the budget.
The Public Hearing opened at 5:53 p.m. to hear and consider any comments from
the public. Tim Paul, Finance Director gave an overview of the item. Comments
were heard from the Commission, no comments were heard from the public.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to close
the Public Hearing at 6:00 p.m.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Spataro to adopt the
2001 Budget.
ROLL VOTE: Ayes: Aslakson, Schweifler, Sieradzki, Spataro
Nays: Benedict, Nielsen, Shepherd
ADOPTED
b. Request for an Industrial Facilities Exemption Certificate - SAPPI
Fine Paper.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, SAPPI
Fine Paper, 2400 Lakeshore Drive, has requested the issuance of an Industrial Facilities
SEPTEMBER 12, 2000 5
Exemption Certificate. Total capital investment for this project is $9,493,520 in per-
sonal property. The project will not create any new employment opportunities.
SAPPl's current workforce is 735.
FINANCIAL IMPACT: The City will capture certain additional property and income
taxes generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facili-
ties Exemption Certificate for a term of 9 years.
The Public Hearing opened at 6:12 p.m. to hear and consider any comments from
the public. Matt Dugener gave an overview of the item. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close the
Public Hearing at 6:21 p.m. and to approve the issuance of an Industrial Facilities Ex-
emption Certificate for SAPPI Fine Paper, 2400 Lakeshore Drive.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
ADOPTED
c. Request for Time Extension for IFT Certificate No. 97-534, Neway
Anchorlok International.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Neway
Anchorlok International, 1950 Industrial Boulevard, Muskegon, Michigan has re-
quested a time extension of Industrial Facilities Exemption Certificate No. 97-534.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting a time extension on
Industrial Facilities Exemption Certificate No. 97-534 for a term of 1 year.
The Public Hearing was opened at 6:22 p.m. to hear and consider any comments
from the public. Matt Dugener gave an overview of the item. No comments were
heard.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to close the
Public Hearing at 6:24 p.m. and to approve a time extension of Industrial Facilities Ex-
emption Certificate No. 97-534 for Neway Anchorlok International, 1950 Industrial
Boulevard, Muskegon, Michigan.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
ADOPTED
SEPTEMBER 12, 2000 6
d. Create the Special Assessment District for Irwin Avenue.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assess-
ment of Irwin Avenue from Peck Street to Wood Street project, and to create the
special assessment district and appoint two City Commissioners to the Board of Asses-
sors if it is determined to proceed with the project. Furthermore, if the district is cre-
ated to award the contract to Felco Contractors since they were the lowest respon-
sible bidder with a bid price of $344, 113.03.
FINANCIAL IMPACT: The construction cost of $344, 113.03 plus related engineering
expenses.
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.
Also, if the district is created to award the contract to Felco Contractors.
The Public Hearing opened at 6:25 p.m. to hear and consider any comments from
the public. Mohammed AI-Shatel, City Engineer gave an overview of the item.
Ciggzree Morris, 311 W. Muskegon is opposed. Kevin McCloud, 196 Irwin is opposed.
Russ Reagen, 211 Irwin is opposed. Janet Johnson, 191 Irwin is opposed.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to close the
Public Hearing at 6:44 p.m. and create the special assessment district and appoint
two City Commissioners to the Board of Assessors, and to award the contract to Felco
Contractors.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
ADOPTED
Mayor Nielsen appointed Vice Mayor Sieradzki and Commissioner Shepherd to
the Board of Assessors.
e. Spreading the Special Assessment Roll for Morton Avenue.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Morton Avenue, Torrent Street to Bourdon Street, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $35,288.18 will be spread against the twelve parcels
abutting the project.
SEPTEMBER 12, 2000 7
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 6:46 to hear and consider any comments from the
public. Mohammed AI-Shatel, City Engineer gave an overview of the item. No
comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to close
the Public Hearing at 6:51 p.m. and to spread the special assessment for Morton Ave-
nue, Torrent Street to Bourdon Street and to adopt the resolution confirming the spe-
cial assessment roll.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
CITY MANAGER'S REPORT:
A worksession for the Smart Zone Project/High Tech Park will have to be planned.
The Commissioners will be notified of when the meeting will take place.
2000-089 UNFINISHED BUSINESS:
a. SECOND READING. Dangerous Building Ordinance.
INSPECTION SERVICES DEPARTMENT
SUMMARY OF REQUEST: To adopt the ordinance, which is meant to clean up the
dangerous building procedure. The procedure has proven to be somewhat cumber-
some and troublesome in Circuit Court. This will give us a better chance in Circuit
Court to overcome due process difficulties.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance.
Motion by Commissioner Benedict, second by Commissioner Shepherd to adopt
the ordinance to clean up the dangerous building procedures.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: Sieradzki
ADOPTED
SEPTEMBER 12, 2000 8
b. Lighthouse Park.
LEISURE SERVICES
SUMMARY OF REQUEST: The Beachwood/Bluffton Neighborhood Association has
requested that the property within Pere Marquette that is across from Elliot Park be
named Lighthouse Park with appropriate signage.
FINANCIAL IMPACT: None, except the cost of the sign.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve. The Leisure Services Board recommends ap-
proval.
Motion by Commissioner Aslakson, second by Commissioner Benedict to approve
the property within Pere Marquette that is across from Elliot Park be named Lighthouse
Park with appropriate signage.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
Absent: Sieradzki (left the room momentarily)
ADOPTED
2000-090 NEW BUSINESS:
a. FY 2000 Local Law Enforcement Block Grant.
POLICE
SUMMARY OF REQUEST: Staff requests that the City Manager be authorized to ne-
gotiate an agreement with the County of Muskegon due to a Disparate Funding Cer-
tification and then submit the Fiscal Year 2000 Local Law Enforcement Grant Applica-
tion in the amount of up to $137,311. This grant requires local cash match up to
$15,257. This would be the amount of match used for law enforcement purposes and
may be used for personnel or equipment. The exact amount to be placed in each
category has not yet been determined. The grant requires the establishment of an
Advisory Board to make recommendations prior to the grant funds being released.
However, it would be our intent to continue the funding of an information systems
person as well as a record's division person that we began funding under a previous
block grant. We would be looking at using the remainder of the funds for much
needed equipment due to our increased staffing.
The exact amount the City of Muskegon would receive and the corresponding
match will not be known until negotiations with the County are finalized. However,
due to the entire system being online, the Bureau of Justice Assistance is only allowing
30 days from the time of the grant announcement until all negotiations, hearings and
applications are completed. Therefore, staff is asking for Commission approval at this
time.
FINANCIAL IMPACT: $137,311 maximum to be received from the U.S. Department
of Justice, $15,257 maximum required as a local cash match and must be placed in
the same trust account as the federal grant funds.
SEPTEMBER 12, 2000 9
Note that the grant covers a 2-year period.
BUDGET ACTION REQUIRED: A local cash match is required. If there were no shar-
ing with the County the total match would be $15,257. If there is sharing with the
County of Muskegon, our required cash match would go down. This is a 10% cash
match. These funds must be placed in the same interest bearing account as the
federal grant funds and all interest earned must be spent on items allowable under
the grant.
STAFF RECOMMENDATION: Staff recommends authorizing the City Manager to
negotiate an agreement with the County Administrator and to then submit the Fiscal
Year 2000 Local Law Enforcement Block Grant Application.
Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
the City Manager to negotiate an agreement with the County of Muskegon due to a
Disparate Funding Certification and then submit the Fiscal Year 2000 Local Low En-
forcement Grant Application in the amount of up to $137,311.
ROLL VOTE: Ayes: Aslokson, Benedict, Nielsen, Schweifler, Shepherd, Sierodzki,
Spataro
Nays: None
ADOPTED
b. Walker Arena Compressors.
LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the expenditure of up to $20,000 for repairs to
the Arena compressors.
FINANCIAL IMPACT: Not to exceed $20,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Schweifler, second by Commissioner Spataro to author-
ize the expenditure of up to $20,000 for repairs to the Arena compressors.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sierodzki, Spataro,
Aslokson
Nays: None
ADOPTED
c. Whittaker Electric Renaissance Zone Expansion. Porker Plastics.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 376 of 1996, as amended, Parker
Plastics is requesting the approval of the resolution expanding the Whittaker Electric
Renaissance Zone to incorporate a portion of the former Federal Mogul (Piston Ring)
facility located on Laketon Avenue near Fairview Street. The proposed project will
create 52 new permanent full-time jobs and result in the investment of $2 million in
SEPTEMBER 12, 2000 10
equipment and machinery as well a more than $440,000 in improvements to the site
and buildings. This request will utilize approximately $1,430 of the City Revenue In-
vestment Cap for the Renaissance Zone program.
FINANCIAL IMPACT: Certain real and personal property taxes will be exempt from
collection for a period of 14 years beginning January 1, 2001. Additional income
taxes will be collected as a result of this project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution upon condition that Parker
Plastics posts a performance bond equal to the amount of local taxes to be ex-
empted over a period of 14 years.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to ap-
prove the resolution expanding the Whittaker Electric Renaissance Zone to incorpo-
rate a portion of the former Federal Mogul facility located on Laketon Avenue near
Fairview Street.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
ADOPTED
2000-091 ANY OTHER BUSINESS:
Vice Mayor Sieradzki inquired about the Worksession on the Community Center.
He also spoke regarding curb cuts in the Oakview Neighborhood. He reported that
MichCon tore up sidewalks that were recently repaired.
Motion by Vice Mayor Sieradzki, second by Commissioner Benedict to make sure
we can arrange to do the curb cuts, contact the schools regarding the cuts and lo
spend all available funds on the project.
Amendment by Commissioner Shepherd, second by Commissioner Spataro to ta-
ble this request and discuss it at the next Regular Commission Meeting.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
PUBLIC PARTICIPATION:
Various comments were heard from the public.
Motion by Vice Mayor Sieradzki to allow Victor Sieradzki additional lime to speak.
No second was recognized by the Mayor.
CLOSED SESSION: To consider a personnel performance evaluation.
SEPTEMBER 12, 2000 11
Motion by Commissioner Spataro, second by Commissioner Benedict to adjourn to
Closed Session at 9:28 p.m. to consider a personnel performance evaluation.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Spataro to return to
the Regular Commission Meeting at 10:29 p.m.
ROLL VOTE: Ayes: Aslakson, Schweifler, Sieradzki, Spataro
Nays: None
Absent: Benedict, Nielsen, Shepherd
ADOPTED
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 10:30 p.m .
Respectfully submitted,
Gail A. Kundinger, CMC/AAE
City Clerk
SEPTEMBER 12, 2000 12
AGENDA ITEM
CITY COMMISSION MEETING
September 5, 2000
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Chief of Police
DATE: August 16, 2000
SUBJECT: FY 1998 Local Law Enforcement Block Grant
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of FY 1998 Local Law Enforcement Block Grant (LLEBG) money to
purchase 3 Panasonic Toughbook Ruggedized laptop computers. This purchase includes
additional hardware which will allow the laptops to be mounted in the police cruisers.
This would replace the current configuration of have a Mobile Data Terminal and a
laptop in each cruiser. The Panasonic laptop will be dual function, allowing officers to
run computer queries and complete reports in the field.
BUDGET ACTION REQUIRED: $18,494.00 in grant money to be utilized for this
purchase. IS staff have assisted us in preparing this package. Funds from the FY 1998
LLEBG must be expended no later than September 30, 2000.
FINANCIAL IMPACT: Will reduce costs associated with maintaining two computers
in each cruiser.
STAFF RECOMMENDATION: To grant approval for the use ofLLEBG funds for
this project.
Muskegon Police Department
Anthony L. Kleibecker
Chief of Police
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Chief of Police ~ L . I ~
DATE: August 16, 2000
SUBJECT: FY 1998 Local Law Enforcement Block Grant
Attached you will find bids from 3 companies in regards to this proposed purchase.
When all of the costs are tabulated, Office Machines Company of Muskegon comes in
with the low bid. The Muskegon County Sheriffs Depaitment has assisted us in this
project and is using the same supplier.
If you have any questions, please don't hesitate to contact me.
City of Muskegon
Information Systems
Memorandum
To: Anthony Kliebecker
CC: Jim Maurer
From: Wayne B. Peterson
Date: 08/15/00
Subject: Multipurpose Laptops
Multipurpose Laptops for the Muskegon Police Department patrol cars. Jeff Lenartowitz has
managed to get the CLUES software to work in a WINDOWS environment. Jeff has purchased
Panasonic Toughbooks, Ruggedized, Model CF-27 to replace the current configuration of having two
PC's in the County cars, One MDT and an additional PC for CLUES reporting. Here is a breakdown of
the cost for three Laptops to be used in the MUPD patrol cars.
Description Model Price Quantity Total
CF-27 PII 333 Laptop computers CF-27FCCKFAM $ 5034.00 3 $15,102.00
Backlit Keyboard CF-WMKB271 $ 322.00 3 $ 966.00
Keyboard Integration Charge $ 30.00 3 $ 90.00
AC Auto Adapter PA-1540-201 $ 95.00 3 $ 285.00
Port Replicator for floor mount CF-WEB273 $ 363.00 3 $ 1,089.00
Gamber/Johnson Pan GJ-PAN-CF27 $ 75.00 3 $ 225.00
Gamber/Johnson Pole DS Pole $ 75.00 3 $ 225.00
Gamber/Johnson Clevis DS Clevis $ 66.00 3 $ 198.00
24XCD-Rom CF-VDD271 $ 314.00 1 $ 314.00
$18,494.00
• Page 1
The Toughbook™ 27: CPU • Intel• Pentium• II 300MHz processor
• 512KB L2 cache (Plpellne Burst)
Fully Ruggedized. Storage & Memory •
•
•
64MB SDRAM standard, expandable to 192MB
6,3GB HDD standard (up to 12GB HOD avallable)
Removable HOD Is mounted In shock•absorblng gel and encased In stainless steel
The Ultimate in •
•
Quick-access battery/HOD cover for easy HDD replacement
1.44MB FDD
Durability and Dlsplay •
•
12.1" 800 x 600 TFT Active Matrix Color LCD with Touchscreen
Sealed LCD Is splll-reslstant and dust•reslstant, IPX1 compllant
• uoayBrlte™ ARX" anti-reflective LCD for viewing even In bright sunlight
Performance. •
•
Magnesium LCD case Is 20x stronger than ABS plastlc cases
NeoMaglc..,. NM2200 video controller, 2.5MB VRAM
• External video support up to 1024 x 768 at 16M colors
Audio • Yamaha YMF74416-blt Sound Blaster Pro..,. compatlble audio controller
Full Magnesium Case • Integrated speaker
• Convenient keyboard volume controls {Fn+F5/F6 keys)
• Splll-resistant Keyboard, LCD
and Touchpad PC Cards • Type II x2orType Ill X1
• Sealed, reinforced Alumlnum Alloy PC Card door
• Shock-mounted HOD • Positive-lock PC Card door for rellablllty
• Ready for Wireless Communications • ZV (Zoomed Video) Port and Cardbus Support
Multimedia Pocket • Holds 3.5" FDD (standard)
• Accepts optlonal 24X {max) CD-ROM Drive {CF-VCD271)
• CD-ROM and FDD can be used slmultaneously {w/FDD cable CF-VCF271)
• Accepts optional SuperDlsk..,. Pack (CF-VFS271)
• Sealed, reinforced Alumlnum Alloy Multimedia Pocket (MP) door
• Positive-lock MP door for rellablllty
Keyboard & Input • 87-key, Wlndows•9S-ready keyboard
• Enhanced pressure sensitive touchpad
• Touchscreen LCD
• Sealed, spill-resistant keyboard, LCD and touchpad for protection against dust,
moisture and spllls
Interface • Infrared 4Mbps lrDA
• Serlal 0-sub 9 pin
• Parallel 0-sub 25 pin
• External Video 0-sub 15 pin
• External FDD Connection via parallel port with optional FDD cable
• External Keyboard/Mouse Mini-DIN 6 pin
• use 4 pin
• Port Repllcator 80 pin (Reinforced)
• Headphones/Speaker Mini-Jack Stereo
• Microphone/Line In Mini-Jack
Power Supply • Lithium Ion battery (10,8V, 3450mAh)
• AC Adapter: AC 100V·240V 50/60Hz, Auto Sensing/Switching for worfdwlde power suppfy
• Quick access battery/HOD cover for easy battery replacement
• Battery charging time: approxlmately 2.5 hours/OFF, 4.5 hours/ON
• Pop-up on-screen battery status reporting
Power Management • Suspend/Resume Function, Hibernation, ECO Mode, APM BIOS
Software • Preloaded Microsoft• Windows• 95 standard (Windows• NT avallable)
• Setup, Diagnostics, DMI Viewer, Phoenix.Card Manager™, On-llne Reference Manual,
Adobe• Acrobat• Reader, Panasonic• Hand Writing
Now with Security Features • Password Security: Supervisor, User, Coffee Break
• Integrated Kensington Lock Slot
Intel® Pentium® II
Warranty • 3 year limited warranty, parts & lal>or
300MHz CPU
Dimensions & Weight • 2.3"(H) x 9.5"(0) X ll.S"(W)
• 8.2 lbs., Including battery, FDD and handle
Accessories* • Preloaded Microsoft• Windows• NT CF27•NT
• 12GB HOD CF-VHDE120GB
• 24X (max) CD-ROM Drive CF-VCD271
• SuperDlsk™ Drive Pack CF-VFS271
• DVD-ROM Drive Pack CF-VDD272M
• Desktop Port Replicator CF-VEB272
• Vehicle Mounting Port Replicator CF-WEB273
• High-gain Antenna Pass-thru Cable CF-WEW275
• Vehicle Mounting Port Repllcator with CF·WEB273CBL
Integrated High-gain Antenna Pass-thru Cable
• FDD Cable CF•VCF271
Panasonic• •
•
•
Battery Charger
Battery Pack
AC Adapter
CF·VCB251
CF-VZSU04
CF-AA1639M
IITOUGHBUi] • Integrated Wireless Solutions
- American Moblle (DataTAC) Network
- CDPD Network
TAKE IT.i'j' - BellSouth {Mobltex) Network
• Backlit Keyboard Upgrade CF-WMKB711
1-800-662-3537 • Memory Cards
www.panasonic.com/toughbook Pentium• II configurations (SDRAM)
- 16MB CF-WM BA 7116
- 32MB CF-WM BA 7132
- 64MB CF-WMBA7164
Panasonic Is constantly enhancing product specifications - 128MB CF-WMBA 71128
and accessories. To find the most up-to-date Information on Pentium• MMX..,. configurations (EDO RAM)
the Toughbook 27, please visit our web site. Specifications - 16MB CF-BA6116
subject to change without notice, All other trademarks are - 32MB CF-BA6132
property of their respective owners. - 64MB CF-BA6164
- 128MB CF-BA61128
• Accenorles may vary depending on your notebook configuration,
SS27 1/31/00
Please consult your reseller or Panasonic representative before purchasing accessories.
AUG-14-2000 16'08 FROM TO 97224301 P,01/01
OMC
OFFICE MACHINES COMPANY, INC.
Digiral Cnpiers/PrillJers • IAser Facsimile
Computers • Networks
Computer ApplicatWns Training
AUGUST 14. 2000
CITY OF MUSKEGON
ATTN: WAYNE PETERSON
OUOTE FOR MUSKEGON POLICE DEPT.
PANASONIC TOUGHBOQli MQDEL X7 OUOTE;
DESCRIPTION
CF-Pll 333/13.3" XGA/128MB RAM/12GB HARD DRIVE $ 5,034.00
56K MODEM/ WIN95
CF-27FCCKFAM
OPTIONS:
CF-VCDD271 24X CD ROM $ 314.00
CF-WMKB271 BACKLIT KEYBOARD $ 322.00
KEYBOARD INTEGRATION CHARGE $ 30.00
PA 1540-201 AC AUTO ADAPTER $ 95.00
CF-WEB273 PORT REPLICATOR FOR THE FLOOR MOUNT $ 363.00
IN-THE-BOX PRICES
NO SHIPPING CHARGES
NOTE: PAYMENT IS DUE IN 5 DAYS AFTER DELIVERY
ERNIE UHLBECK
1171 E. Sherman Blvd.• Muskegon, Michigan 49444
(231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachlnes.com
TOTAL P.01
Item Page Page I of 1
View :YQ._ur Shopping Cart
Item Display Page
CF-27FCCKFAM
Vendor : Panasonic
Panasonic Notes
Description : Toughbook 27, PII 333 MHz, 13.3"XGA/TOUCH, 128RAM, 12GB HD, 24x
Optiona!CD-ROM, Win 95
Price : 5,012.96
Updated: Updated 8/9/00 11:26:22 AM
Quantity I Adc(to Cart ·.
http://www.mieuc.com/products/itempage.asp?item_id=29l03 8/14/2000
Cart Page 1 of l
EDS Shopping Cart
I Part#
II
Description
II
Price
II Quantity II Line Total II Delete I
CF-VCD271W Internal 24X CD ROM
Drive (for Pocket Slot)
,31223 I ~ >lJpd~te i LJDele<ol
for TB-27
CF-
27FCCK.FAM98
Toughbook 27, PU 333,
13.3
1
1 I r$5.012.96 ··upd~te
I
I
$15,038.88 I I
Delete
CF-WEB273 Full PlateNehcl Port
Rep, all ports + 2nd
$351.36
13 ·• Update
I $1,054.08 Delete
Serial for TB-27, Needs
I
3rd party mo
I CF-WMKB271 BackLit Keyboard for
TB-27 EJI r Update IEJI I
I Delete
Quote Subtotal: $17,352.74
*Price good for 30 days*
EmaiLyQurQuote.
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Panasonic•
All notebooks are BRAND NEW only! We don't sell refurbished computers or open boxes. To purchase,
use our secure on-line ordering system that will also help you to learn about upgrade options and
shipping costs. Just click on the details or order button of the Item of your interest. You can also
purchase separately accessories and upgrades for notebooks, Just click on accessories link under the
name of the model of your Interest. If you have any questions, please send us e-mail inquiry to
sales@euclidcomputers.com about the items you are interested in or call us toll-free: 877-EUCLIDl (877-
Model,
(Part Number)
BB~[filB
382-5431)
Display -
RAM
__
DVD
Modem Dimensions
---
Weight
Warranty
---
Comments
Usually
Ships
[:] $4495
..
B~EJB
Tough book CFM17
{CF- 9x7.4x1. 7 3 year . ·
17TR42AEMRAM)
Ce!eron
--- --- delayed details .
300MHz shipping
specifications
accessories
3.8Ibs W98 ruggedized
orde:t'' .
··'"BB
Toughbook 27 3 years $4849
{CF-27EB6GCAM) Pentium ll.8x9,5x2.3
specifications II
TFT
- optional optional
within 3- details
12.1inch W95 ruggedized 4 days
accessories 300MHz 64/192 8.2Ibs Ask about
review special price order
$4849
~EJEJ
Toughbook 27 3 years
B
{CF-27EB6GCAM98) Pentium
TFT
11.8x9.5x2.3 --- details
II W98 ruggedized
12.1inch
specifications 300MHz 8.2Ibs Ask about
~ccessories special price order
3 years
Toughbook 27 $4970
BB
---
(CF-27EB6GCAMNT) Pentium 6.0G 11.Bx9.5x2.3
II
TFT NT4.0 within 3- details
12.1inch ruggedlzed Ask 4 days
specifications 300MHz 64/192 8.2Ibs
about special
accessories ~
price
Toughbook 27
(CF-27E86GDAM)
specificat,l()ns
accessori~-~
Pentium
II
300MHz
TFT
EJEJ""~"'' B
12.1inch
-
64/192
0.%
optional optional ---
8.2Ibs
3 years
W95 ruggedized
Ask about
special price
$5199
details
order
$5749
·.
~EJEJB
Toughbook 27
Pentium ---
{CF-27FCCKFAM98)
II
TFT delayed details
specifications 13.3inch W98 ruggedized shipping
333MHz .
~.t:_cessorie$ order .
Toughbook 27 $5835
~EJEJ
3 years
B
{CF-
Pentium 11.8x9.5x2.3
27EB6GCAM98CDP)
II
TFT details
12.1inch W98 ruggedized
300MHz
order ·•·
specifications 8.2Ibs Ask about
accessories special price .
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will be receiving all pre and post sales support from us by E-mail. With all questions please write to sale_~@_~uclidcomputers.com, or
call us toll-free: 877-EUCL!Dl (877-382-5431).
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OMC
OFFICE MACHINES COMPANY, INC.
Digital Copiers/Pn'nters • Laser Facsimile
Computers • Networks
Computer Applications Training
APRil. 17. 2000
MUSKEGON COUNTY SHERIFF DEPT.
ATTN: JEFF
PANASONIC TOUGHBOOK MODEL 27 QUOTE:
DESCRIPTION INVESTMENT
CF-PII 333/13.3" XGA/128MB RAM/12GB HARD DRIVE $ 4,900.00
56K MODEM/ WIN95
CF-27FCCKFAM
(WIN98 NOT AVAILABLE YET)
OPTIONS:
CF-VCDD271 24X CD ROM $ 314.00
CF-WMKB711 BACKLIT KEYBOARD $ 322.00
KEYBOARD INTEGRATION CHARGE $ 30.00
CF-27 CAR MOUN'r PORT REPLICATOR $ 363.00
CF-AA1639 AC ADAPTER $ 89.00
CF-VDD-272M DVD ROM $ 369.00
IN-THE-BOX PRICES
NO SHIPPING CHARGES
ERNIE UHLBECK
,, 1171 E. Sherman Blvd.• Muskegon, Michigan 49444
(231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachines.com
;_"='
OMC
OFFICE MACHINES COMPANY, INC.
Digital Copiers/Printers • Laser Facsimile
Computers • Networks
Computer Applications Training
JULY 27 « 2000
CENTRAL DISPATCH
ATTN: TIM KOENS
QUOTE FOR MUSKEGON TOWNSHIP POLICE DEPT.
PANASONIC TOUGHBOOK MODEL 27 QUOTE;
DESCRIPTION INVESTMENT
CF-PII 333/13.3" XGA/128MB RAM/12GB HARD DRIVE $5,059.00
56K MODEM/ WIN95
CF-27FCCKFAM
OPTIONS:
CF-VCDD271 24X CD ROM $ 314.00
CF-WMKB711 BACKLIT KEYBOARD $ 322.00
KEYBOARD INTEGRATION CHARGE $ 30.00
PA 1540-201 AC AUTO ADAPTER $ 89.00
CF-VDD-272M DVD ROM $ 369.00
IN-THE-BOX PRICES
NO SHIPPING CHARGES
NOTE: PAYMENT IS DUE IN 5 DAYS AFTER DELIVERY
ERNIE UHLBECK
··• 1171 E. Sherman Blvd. • Muskegon, Michigan 49444
(231) 739-7138 • FAX: (231) 733-2887 • e-mail: sales@officemachines.com • www.officemachines.com
Special ShippiRg Page 1 of 1
Shipping
Emergency Shipping
Transportation of Goods - Freight
Michigan Commodity Code - 962-86
Overnight and second day shipping are available under the State of Michigan End User Computing
contract. Special shipping is only available on products that are not constrained by the manufacturer and
in stock at the EDS warehouse, and is intended for emergency situations only. Once the order is placed
with EDS and the order meets the above requirements, the order will be shipped to the customer either
overnight or 2-day.
All purchase orders specifying overnight delivery will be charged $83.00. The charge is for processing
the order - freight/shipping charges are in addition to the processing fee. Second day delivery is
available with no additional surcharge. However, customers will be charged for the actual
freight/shipping costs associated with the second day delivery.
When you have an emergency business need necessitating overnight and/or second day shipment, please
contact the EDS Customer Assistance Center (l-800-777-8923). To ensure product availability and
timely receipt of the emergency order, please do the following:
• Verify the contents of the purchase order are STOCKED at the EDS Warehouse.
• FAX the purchase order to the EDS Customer Assistance Center by 2:00 P.M. Eastern Time (1-
800-989-7765).
• Make sure the expedited delivery options are properly included on the purchase order.
• Please indicate your desire for EDS to ship goods overnight by placing the following information
on the purchase order:
EDS Part Number Description Price
904-23270 Overnight Air Surcharge $83.00
Purchase orders must indicate the F.0.B. shipping point.
Special Deliveries include products sent to a "Ship To" address without a loading dock or personnel
specifically assigned to receiving equipment. In order for EDS to successfully deliver a special delivery,
instructions must be noted in the "Ship To" field on the purchase order. In addition, a call should be
placed to the appropriate EDS customer assistance center representative, to let he/she know that they can
expect to receive a special delivery order. These steps will help to ensure that special deliveries will be
handled appropriately.
Last Revised: 09-July-99
Copyright© 1997 EDS. All rights reserved.
Send comments to: Nikki Rileyor if your web browser ca1111ot ,mid mail, send directly to 11ikki.riley@eds.com
http://www.mieuc.com/information/shipping.htm 8/14/2000
Commission Meeting Date: September 12, 2000
Date: August 31, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Muskegon/Muskegon Heights Renaissance Zone Cooperation
Agreement
SUMMARY OF REQUEST:
To approve the attached resolution entering into an agreement with the City of Muskegon
Heights to share (equally) the number of sub-zones available to each community (5 per
community) and. agreeing that the City of Muskegon will not withhold support for the expansion
of existing or the creation of new Renaissance sub-zones by the City of Muskegon Heights.
This agreement will only be valid upon receipt of a resolution from the Muskegon Heights City
Council agreeing to the same terms.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution
COMMITTEE RECOMMENDATION:
None
8/31/2000
MUSKEGON/MUSKEGON HEIGHTS
RENAISSANCE ZONE DESIGNATION COOPERATION AGREEMENT
WHEREAS, the Cities of Muskegon and Muskegon Heights were jointly designated by
the State of Michigan as a Renaissance Zone beginning in the year 2000; and
WHEREAS, Public Act 376 of 1996, as amended, provides for the designation often
(I 0) geographic areas as sub-zones within the larger Muskegon/Muskegon
Heights Renaissance Zone; and
WHEREAS, upon initial designation of the Muskegon/Muskegon Heights Renaissance
Zone in 2000, the City of Muskegon selected 2 geographic areas and the City of
Muskegon Heights selected 4 geographic areas; and
WHEREAS, Public Act 376 of 1996, as amended, provides for the amendment of
existing and creation of new geographic areas within the Muskegon/Muskegon
Heights Renaissance Zone (up to a total often (10) distinct geographic areas); and
WHEREAS, it is in the best interest of the mutual redevelopment selected geographic
areas within both the City of Muskegon and the City of Muskegon Heights that
this agreement be executed.
NOW THEREFORE BE IT RESOLVED, that both the City of Muskegon and the City of
Muskegon Heights agree that each community may select no more than 5 (for a
total of 10) distinct geographic areas within their respective boundaries for
designation as a Renaissance Zone.
BE IT FURTHER RESOLVED, that both the City of Muskegon and the City of
Muskegon Heights agree not to withhold their support of the submission of
selected geographic areas for designation as a Renaissance Zone within the other
community.
IT IS FURTHER RESOLVED, that this agreement applies to the designation of a
Renaissance Zone for both newly selected geographic areas as well as modified
existing geographic areas
This agreement adopted this _ _ _ day of _ _ _ _ _ _ , 2000.
City of Muskegon City of Muskegon Heights
Witness Witness
Commission Meeting Date: September 12, 2000
Date: August 24, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Six Month Extension to Complete Construction of Home
SUMMARY OF REQUEST:
To approve a six-month extension to allow Mr. Juan & Mrs. Antoinette Ware to
complete construction of a single-family home on Meeking Street. The original
agreement between the City and the Wares stipulated that construction of the home
was to be completed within 18 months. The City has customarily granted extensions to
persons who have shown that they are dedicated to completing construction and
contributing to the beautification of the City's residential areas. The Wares have
worked with staff to select a competent builder to construct the home and feel that the
six month extension will allow them enough time to build their home.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as, authorization for both the
Mayor and the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
8/24/2000
• -, • • ~ - ~; ·1 ••
Resolution No. 2000-86 (d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SIX MONTH EXTENSION TO COMPLETE CONSTRUCTION
OF A SINGLE-FAMILY HOME ON MEEK.ING STREET.
WHEREAS, Juan and Antoinette Wm:e have submitted a request for a time extension; and
WHEREAS, Juan and Antoinette Ware have worked with staff to select a competent builder to
complete construction of their home; and
WHEREAS, the completion of the new home will further enhance the ambiance of the City's
residential area;
NOW THEREFORE BE IT RESOLVED, that Juan and Antoinette Ware be granted an
additional six months to complete construction of their single-family home on Me eking Street.
Adopted this 12t h day of September, 2000
Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedi ct, Nielsen
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 September 12, 2000. ~ / _
1
By: i:)g,J., ~
Gail Kundingd,c k
- __ _j - - _______ l_
.LS .L.L3NN38
Commission Meeting Date: September 12, 2000
Date: August 24, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Non-Buildable Lots in E. Muskegon
SUMMARY OF REQUEST:
To approve the sale of the vacant lots designated as map numbers 24-31-33-
106-021 & 022 to Mr. Eddie Whisler of 1993 Austin. Each lot has approximately
33 feet of frontage but combined would meet the definition of a buildable lot.
Staff and the LRC agreed that the likelihood of someone purchasing the two lots
for the construction of a new home was very low, and consequently
recommended approval of the sale to Mr. Whisler. The parcels are being offered
for $100 each. The other adjacent property owner showed no interest in
purchasing any of the lots.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
The LRC recommended this sale at their October 1999 meeting.
08/24/00 I
Resolution No. 2000-87 ( e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF TWO NON-BUILDABLE LOTS IN EAST
MUSKEGON NEIGHBORHOOD FOR $100 EACH.
WHEREAS, Mr. Eddie Whisler has paid $100 each for map numbers 24-31-33-106-021 and
022, located on Austin;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
NOW THEREFORE BE IT RESOLVED, that map numbers 24-31-33-106-021 and 022, located
on Austin be sold to the above-mentioned buyer.
(Continental Add Lot 17 and 18 Blk 8)
Adopted this 12th day of September, 2000
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweif l er
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a trne 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 September 12, 2000. . / 1t
By: ---1:~~- ~~~:=:o:..v,-.
~~~
Gail Kundinger, lerk
- - - -
I
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[----- AUSTIN ST
r- -······ 111-1-r1--11 --1
··--~-~· m
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to EDDIE WHISLER and wife, LEOLA WHISLER, of I 993 Austin, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lots 17 and 18 of Block 8 of CONTINENTAL ADDITION, to the City of Muskegon.
for the sum of Two Hundred Dollars ($200).
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 _/Jd_ day of __S_e,-P~l~e~m~J_f'_/'___ , 2000.
Signed in the presence of: CITY OF MUSKEGON
~~-4,~ ~;.d~ :~
iY CG""-- 1<~l< rrw Ju and ,
Gail A. Kundinger, Its Clerk
~
.:r o ~ 1\/'"1 k' r ut. 11"" ._, IL i
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknow ledged before me this day of /J'l/2 S r7lem.be/'
2000, FRED J. ,
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MU KEGON, a municipal corporation, on
behalf of the City.
PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole L.,°l-1 d c, S. /Jofft'/' Notary Public, Muskegon Co., MI
175 W. App le Ave., Muskegon, MI 49443-0786 My commission expires: 'l - o,?,C- o s;,2<
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
G:\COMMON\5\GTJIC-RLEST\WHISLER.PA
Date: September 12, 2000
To: Mayor and City Commissioners
From: Robert Kuhn - Director of Public Works
RE: Renewal of Maintenance Contract with MDOT
Trunkline within the City of Muskegon
SUMMARY OF REQUEST: The Michigan Department of Transportation
(MOOT) desires to renew its contract with the City of Muskegon for road
maintenance on State Highways located within the City of Muskegon.
The City of Muskegon designates Robert Kuhn, its Public Works
Director as the Maintenance Superintendent on state trunkline
highways, and authorizes him and the City Clerk to execute this contract
on the City's behalf.
This is a three-year renewable contract
FINANCIAL IMPACT: Our annual contract with MOOT is approximately
$204,000 per year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Recommend approval of three-year
contract, with the designation of Robert Kuhn as the Maintenance
Superintendent, and authorizes him and the City Clerk to execute the
contract on the City's behalf.
COMMITTEE RECOMMENDATION:
9/18/97
CITY OF MUSKEGON
MUNICIPAL RESOLUTION
2000-87(£)
Commissioner Shepherd offered the following resolution and moved for its
adoption.
BE IT RESOLVED THAT the Municipal Trunkline Maintenance contract
between the MICHIGAN DEPARTMENT OF TRANSPORTATION and the City of
Muskegon for the period 10/1/2000 to 9/30/2004, is hereby accepted and Robert H. Kuhn
is designated as Maintenance Superintendent on sections of State Trunkline Highways as
shown on the Municipal Route Section Map and Budget Sheets.
The following City official Robert H. Kuhn, Director of Public Services is authorized to
sign the said maintenance contract.
Supported by Commissioner Aslakson.
ADOPTED: Yeas: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of a resolution made
th
and adopted at a regular meeting of the governing body of this municipality on the 12
day of September, 2000.
Q_
STATE OF MICHIGAN
TRANSPORTATION
COMMISSION
Barton W. LaBelle
Jack L. Gingrass
JOHN ENGLER, GOVERNOR
Lowell B. Jackson
John W. Garside
DEPARTMENT OF TRANSPORTATION
Betty Jean Awrey TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
Ted s. Wahby PHONE: (5171 373-2090 TDD NO.: (5171 373-0012 FAX NO.: 15171 373-0167
James R. DeSana, Director
August 28, 2000
Bryon Mazade
City of Muskegon
933 Terrance Street
P.O. Box 536
Muskegon, Michigan 49443-0536
Dear: Mr. Mazade:
Re: State Trunkline Maintenance Contract: (Contract No,2000-0672)
Enclosed is a copy of the Michigan Department of Transportation's Title VI/EEO Compliance
Application (Fann 5013.) The compliance application must be completed and approved prior to the
award of any contracts or grants.
Title VI approval insures vendors contracting with MDOT have met the non-discrimination
requirements of the Civil Rights Act of 1964. MDOT is a recipient of federal funds, therefore, the
Department must comply with federal Title VI requirements. The purpose of the Title VI
compliance application is to provide the Department with a method to ensure that all vendors
receiving funds have a process in place to monitor equal opportwrity.
If you have any questions regarding completing this form, please call Vanessa Bridges at
(248) 967-0570, ext 15.
Please mail the completed report to:
Michigan Department of Transportation
Office of Equal Opportunity
P.O. Box 30050
Lansing, MI 48909
Attn: Melissa Davis
If you have any questions regarding this letter or your contract, please call me at (517) 322-3306.
Thank you for your assistance in this matter.
STATE OF MICHIGAN
TRANSPORTATION
COMMISSION
Barton W. LaBelle
Jack L. Gingrass
JOHN ENGLER, GOVERNOR
Lowell B. Jackson
John W. Garside DEPARTMENT OF TRANSPORTATION
Betty Jean Awrey TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
Ted B. Wahby PHONE: 1517) 373-2090 TDD NO.: 1517) 373-0012 FAX NO.: 1517) 373-0167
James R. DeSana, Director
August 28, 2000
Bryon Mazade
City of Muskegon
933 Terrance Street
P.O. Box 536
Muskegon, Michigan 49443-0536
Dear: Mr. Mazade:
Re: State Trunkline Maintenance Contract No. 2000-0672
Enclosed is the original and one copy of the above described contract between your organization and
the Michigan Department of Transportation (MDOT). Please take time to read and understand this
contract. If this contract meets with your approval, please complete the following checklist:
Please do not date the contracts. The contracts will be dated when they are executed.
A contract is not executed unless it has been signed by all parties.
Secure necessary signatures on both contracts.
Include a certified resolution. The resolution should specifically name the officials who
are authorized to sign the contract.
Return both of the contracts to the Maintenance Division, 6333 Old Lansing Rd.,
Lansing MI 48917, for execution by MDOT. A copy of the executed contract will be
forwarded to you.
You may begin incurring costs in accordance with the terms of the executed contract. It is important
to note that costs outside of the term of the contract are not allowable.
If you have any questions, please contact me at (517) 322-3306,
·nc_ ely, ~ •
..£.
ti -- (df<A
'- _)
~
Cheryl Cerqueira, Contract Administrator
MDOT Maintenance Division
Enclosures
Michigan Department
of Transportation
Form 5013 (8 /00)
TITLE VI/EEO COMPLIANCE APPLICATION
Title VI of the Civil Rights Act of 1964, related statutes and regulations provide that no person shall on the ground of
race, color, national origin, gender, age, or disability, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial assistance. The Civil Rights
Restoration Act of 1987 amended Title VI to specify that entire Institutions receiving Federal funds, whether schools,
colleges, government entities, or private employers must comply with Federal civil rights laws, rather than just the
particular programs or activities that receive federal funds.
COMPANY NAME TELEPHONE NUMBER
City of Muskegon (231)724-6705
STREET ADDRESS FAX NUMBER
933 Terrace (231)724-4178
P.O.BOX CITY
536 Muskegon
COUNTY STATE ZIP CODE
Muskegon MI 49443-0536
TYPE OF COMPANY/ORGANIZATION (Check all that apply)
D Prime Contractor D Supplier 0 Governmental D Consultant D University
Other (Identify) _ _ _ _ _ _ _ _ _ _ _ _ __
Procedures for monitoring and Implementing equal employment opponunity procedures include but are not limited
to the fotlowlng:
• Employers/ contractors mus.t establish an Equal Opportunity Policy. Employers/contractors must accept as
their operating policy the following: It is the policy of this Company to assure that applicants are employed,
and that employees are treated during employment without regard to their race, religion, gender, color, or
national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship pre-apprenticeship, and/or on-the-job training.
• The employer/ contractor must designate and make known to MOOT an Equal Opportunity Officer. The
individual appointed must be capable of effectively administering and promoting an active program of
equal employment opportunity and must be assigned adequate authority and responsibility to do so.
• The employer's/ contractor's equal opportunity policies must be disseminated to .all staff members authorized
to hire, supervise, promote, and, discharge employees, or who recommend such action. To ensure that the
policy is known, periodic meetings of supervisory and personnel office employees must be conducted not
less than once every six months. ·
• All employees, prospective employees and potential sources of employees should be advised of the
employer's / contractor's equal opportunity policy, Notices and posters setting forth the employer's equal
opportunity policy must be placed in areas readily accessible to the aforementioned. The employer's I
contractors equal employment opportunity and the procedures to implement the policy must be brought
to the attention of employees by means of meeting, employee handbooks, or other appropriate means.
• When advertising for employees, the employer/contractor must include, in all advertisements .for employees
the notation: 'An Equal Opportunity Employer." All such advertisements must be published in newspapers
or other publications having a large circulation among minority groups in the area from which the project
woJk force would normally be .derived.
5013 ·2 (8/00)
• Employers/ contractors must establish a process to investigate all complaints of alleged discrimination and
take appropriate corrective action, including a method to inform all complainants of their avenues of appeal.
Complainants should be advised of their right to file a complaint with governmental agencies (i.e., the State_
recipient, the Federal agency providing funds to the state recipient, the Department of Civil Rights, the
Department of Justice, etc.).
For additional information regarding the completion of this form, contact MDOT'S Office of Equal Opportunity
at (517) 241· 4427. A copy at 23 CFR Appendix A to Subpart A of Part 230 Special Provisions is available
upon request, it provides specific information regarding equal employment opportunity responsibilities.
NAME AND TITLE OF THE EQUAL EMPLOYMENT OFFICER (this individual must be capable of effectively
administering and promoting an active equal opportunity program and is assigned adequate authority and
responsibility to carry out these duties.) ' '
NAME ( Please Print) COMPANY/ORGANIZATIONAL TITLE (Please P:int) r-~ -ef>
;+ - If,.._,. ,. ,., A<4,'w, lJ ~,
I certify that I will abide by the equal employment opportunity requirements outlined in this application, I also
understand the provisions of Title VI and related statutes, This certification is also my assurance that I will not
discriminate on the grounds of race, color, national origin, gender, age, or disability.
AUTHORIZED CORP,ifRATE OR ORGANIZATIONAL OFFICER TITLE DATE
// "'· - I
(--.__[,-~ /l,_A1,?
/_;'.'.::\ lt - / 1J .• r-Y~
1
-; \ -~ h!/ jlf I { ! , ~
I • ( /
NOTE: You must notify•MDOT within 45 days if ,iny of the information you provided on this application
changes, ·
Please return this application to:
Michigan Department of Transportation
Office of Equal Opportunity
P.O. Box 30050
Lansing, Ml 48909
Web Address: WWW.MOOT.STATE.Ml.US
Do not wrtte In the area below
=====-=i:::::
MDOT NO. 2000-0672
ACCOUNT NO. 3841
REGION: GRAND
AGENDA:DAB
MICHIGAN DEPARTMENT OF TRANSPORTATION
CITY OF MUSKEGON
STATE HIGHWAY MAINTENANCE CONTRACT
THIS CONTRACT is made and entered into this date of _ _ _ _ _ _ _ _ _ _ _ by and
between the Michigan Department of Transportation, hereinafter referred to as the
"DEPARTMENT," and the City of Muskegon, a Michigan municipal corporation, hereinafter
referred to as the "MUNICIPALITY."
WITNESSETH:
WHEREAS, the DEPARTMENT has affirmatively found that contracting with this
MUNICIPALITY for the maintenance of state trunklines and bridges within its jurisdiction is in the
best public interest; and
WHEREAS, the DEPARTMENT and the MUNICIPALITY mutually agree to explorethepotential
for improving efficiency by the selective use of subcontracting materials and services with the
private sector; and
WHEREAS, 1925 PA 17 Section 2, MCL 250.61 et seq; MSA 9.902, authorizes the
DEPARTMENT to contract with the MUNICIPALITY for the construction, improvement, and/or
maintenance of State trunkline highways. The DEPARTMENT, subject to the approval of State
Administrative Board, will do all acts or things necessary to carry out the purpose of 1925 PA 17
supra: and
WHEREAS, the DEPARTMENT has so advised the State Transportation Commission and the
Appropriations Committees of the Senate and House ofRepresentatives in accordance with 1951
PA 51 Section Ile, MCL 247.661c; MSA 9.1097(llc);
NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties
hereto, it is agreed as follows:
08/16/00 I MaintRegvl
Section 1. ORGANIZATION, EQUIPMENT AND FACILITIES
The MUNICIPALITY will provide personnel, equipment, and facilities to maintain the State
trunkline highways and provide the services required under the terms of this Contract. The
MUNICIPALITY will furnish the DEPARTMENT, upon request, with an organizational
chart showing garage locations and names of supervisory personnel and any other
information incidental to the performance of this maintenance contract.
Section 2. SCOPE OF WORK
a. The MUNICIPALITY will perform maintenance work at the direction of the
DISTRICTOPERATIONSENGINEERoftheDEPARTMENT,hereinafterreferred
to as the "DISTRICT OPERATIONS ENGINEER," acting under the general
direction ofthe Engineer ofMaintenance of the DEPARTMENT, hereinafterreferred
to as the "ENGINEER OF MAINTENANCE," under the terms of this Contract and
as covered by the Line Item Budget for each fiscal year, which is incorporated herein
by reference. Work for the Maintenance Division, including permit issuance and
inspection, under this Contract will be performed in accordance with accepted
maintenance practices on those sections of State Trunkline Highway shown in the
current Municipal Maintenance Route Section Atlas, which may be amended by
mutual agreement of the parties and which is incorporated herein by reference.
b. Whenever the MUNICJP ALITY performs permit assistance and inspection on behalf
of the DEPARTMENT:
1. The DEPARTMENTwill require as a condition ofthe issuance of all permits
as to which the MUNICIPALITY will perform services for the
DEPARTMENT, pursuant to this Contract, that the Permittee save harmless
the State of Michigan, the Transportation Commission, the Department of
Transportation, and all officers, agents, and employees thereof and the
MUNICIPALITY, its officials, agents, and employees against any and all
claims for damages arising from operations covered by the permit.
11. The DEPARTMENT, for all permit activities for which it wishes the
MUNICIPALITY to perform permit services for the DEPARTMENT
pursuant to this Contract, will further require that the Permittee, except as to
permits issued to govermnental entities and public utilities or unless
specifically waived by the MUNICIPALITY in writing, provide
comprehensive general liability insurance, including coverage for contractual
liability, completed operations, and/or product liability, X, C, & U, and
contractor's protective liability with a blasting endorsement when blasting is
involved or commercial general liability insurance that includes all the above,
naming as additional parties insured on all such policies the State of
08/16/00 2 MaintRegvl
Michigan, the Michigan Transportation Commission, the Department of
Transportation, and all officers, agents, and employees thereof, the
MUNICIPALITY, its officials, agents, and employees and that the Permittee
provide to the DEPARTMENT written proof of said insurance.
iii. The amounts of such insurance will be no less than the following:
Comprehensive General Liability:
Bodily Injury $500,000 each occurrence
$500,000 aggregate
Property Damage $250,000 each occurrence
$250,000 aggregate
Commercial General Liability Insurance:
$500,000 each occurrence and aggregate
1v. Special maintenance work, work not covered by the Line Item Budget, and
work for any other Division of the DEPARTMENT (non-maintenance work)
may be performed under the terms of this Contract only upon written
authorization approved by the DISTRICT OPERATIONS ENGINEER.
Emergency work may be performed based on verbal approval given by the
DISTRICT OPERATIONS ENGINEER or his authorized representative and
must be subsequently supported in writing. Work performed by the
MUNICIPALITY for any Division other than the Maintenance Division will
be supervised by the Division issuing a state trunkline work authorization.
The MUNICIPALITY and the DEPARTMENT may enter into separate
agreements for the shared.payment of installation, maintenance, and energy
costs for traffic control devices.
v. The DISTRICT OPERATIONS ENGINEER is hereby authorized to issue
written orders, as are necessary, for the performance of maintenance work
under the provisions of this Contract.
Se!!tion 3. INTEGRATION OF STATE AND MUNICIPAL WORK
The MUNICIPALITY will furnish sufficient personnel and equipment and approved material
as needed to perform maintenance on state trunkline highways. Personnel and equipment will
be used on municipal streets and state trunkline highways as conditions warrant.
08/16/00 3 MaintRegvl
· Section 4. HIGHWAY MAINTENANCE SUPERINTENDENTS
The MUNICIPALITY hereby designates _ _ _ _ _ _ _ _as Maintenance
Superintendent on state trunkline highways, who will supervise all work covered by this
Contract. In the event the MUNICIPALITY desires to replace the Maintenance
Superintendent, the MUNICIPALITY will notify the DEPARTMENT in writing.
Section 5. WAGE SCHEDULE
Wages paid by the MUNICIPALITY for work on state trunkline highways will be the same
as on street work for the MUNICIPALITY.
Premium Pay and Overtime Pay (specify under what conditions and percentage of regular
rate paid if not specified in the attached labor agreement.)
Pay for "show-up time" (Specify under what conditions and number of hours, if a minimum
number is used and is not specified in the attached labor agreement).
No "stand by at home" pay will be included in.charges for work on state trunkline highways.
The DEPARTMENT will reimburse the MUNICIPALITY for Direct Labor Overhead costs
on all labor costs properly chargeable to the DEPARTMENT, including, but not limited to,
vacation, sick leave, separation sick leave, holiday pay, workers' compensation, retirement,
social security, group life insurance, hospitalization, longevity, unemployment insurance, and
military leave, hereinafter referred to as "EMPLOYEE BENEFITS," in accordance with
Section 14.
Section 6. MATERIALS TO BE ACQUIRED AND SPECIFICATIONS
Materials necessary for the performance of this Contract may, at the option of the
MUNICIPALITY, be purchased by the MUNICIPALITY, unless otherwise directed by the
DISTRICT OPERATIONS ENGINEER. The MUNICIPALITY will advertise and receive
competitive bids when such purchases exceed Ten Thousand Dollars ($10,000.00) or if
required by Federal or State Law.
08/16/00 4 MaintRegvl
The l\lIUNICIP ALITY will retain documentation that such bids were taken. Failure to retain
documentation that such bids were taken may result in denial of reimbursement of the costs
of such materials.
The following materials: bituminous pre-mixed materials, bituminous materials, aggregates
(except ice control saud), and traffic control devices used on state trunkline highways by the
MUNICIPALITY will conform to current or supplemental specifications approved by the
DEPARTMENT, unless otherwise approved in advance by the DISTRICT OPERATIONS
ENGJNEER. The DISTRICT OPERATIONS ENGJNEER may require approval by the
DEPARTMENT'S Materials aud Technology Division or by a laboratory approved by that
Division. Copies of said approvals will be placed on file in the offices of the
MUNICIPALITY aud the DISTRICT OPERATIONS ENGINEER. If DEPARTMENT-
owned materials are stored jointly with MUNICIPALITY-owned materials, proper and
adequate inventory records must be maintained by the MUNICIPALITY, clearly indicating
the portion that is DEPARTMENT-owned.
Section 7. PRICE SCHEDULE OF MATERIALS AND SERVJCES
Materials supplied by the MUNICIPALITY, including aggregates aud bituminous materials
using raw materials either partially or wholly obtained from municipally owned property,
municipally leased (in writing) property, or by written permit from state or privately owned
property, may be furnished at a firm unit price, subject to approval of source and price by the
DISTRICT OPERATIONS ENGJNEER. Firm unit prices are not subject to unit price
adjustment by audit.
The DEPARTMENT may audit all records necessary to confirm accuracy of quautities for
which reimbursement is requested. Reimbursement for all materials supplied by the
MUNICIPALITY that are not included in the firm unit price schedule will be in accordance
with Subsection 14C. Firm unit prices may be changed, added, or deleted upon written
request by the MUNICIPALITY aud approval by the DISTRICT OPERATIONS
ENGJNEER at least sixty (60) days prior to the effective date of the change, addition, or
deletion.
FIRM UNIT PRICES
PRICE
ITEM KIND UNIT PER UNIT
08/16/00 5 MaintRegvl
Listed items purchased from a vendor source or vendor stockpile for direct use on the
trunklines are not eligible for firm unit price consideration and should be billed at vendor
cost.
Section 8. SUBCONTRACTS
The DEPARTMENT, for cause and with prior notice to the MUNICIPALITY, may contract
any portion of the work to be performed under this Contract. The MUNICIPALITY may
subcontract any portion of the work to be performed under this Contract. Emergency work
may be performed based on verbal approval given by the DISTRJCT OPERATIONS
ENGINEER or his authorized representative and must be supported by the subsequent
submission within seven (7) days of a subcontract (Form 426). All subcontracts in excess of
Twenty Thousand Dollars ($20,000.00) must have the prior approval of the DISTRICT
OPERATIONS ENGINEER and the State Administrative Board and will be advertised and
awarded by competitive bid.
T:hose subcontracts that are $20,000 or less, but greater than $10,000, must be approved by
the DISTRICT OPERATIONS ENGINEER in writing on form 426. Bid, price, or rate
quotations for these subcontracts must be solicited from an adequate number of qualified
sources. Documentation of the solicitations will be retained.
Failure to obtain the necessary approvals or to maintain documentation that bids, prices, or
rate quotations were solicited, as required herein, may result in denial of reimbursement of
the costs.
Subcontracted work, including equipment rental, that is $10,000 or less does not require
submission of form 426. However, an informational copy of the 426 may be required by the
DISTRJCT OPERATIONS ENGINEER.
Section 9. NON-DISCRIMINATION
In connection with the performance of maintenance work under this Contract, the
MUNICIPALITY (hereinafter in Appendix A referred to as the "contractor") agrees to
comply with-the State of Michigan provisions for "Prohibition of Discrimination in State
Contracts," as set forth in Appendix A, attached hereto and made a part hereof. The
MUNICIPALITY further covenants that it will comply with the Civil Rights Act of 1964,
being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-
1975d, and 2000a-2000h-6, and will require similar covenants on the part of any contractor
or subcontractor employed in the performance of this Contract.
08/16/00 6 MaintRegvl
Section 10. ANTI-KICKBACK
No official or employee of the MUNICIPALITY or of the State of Michigan will receive
direct or indirect remuneration from purchases of materials, supplies, equipment, or
subcontracts required for state trunkline highway maintenance purposes.
Section 11. SCOPE OF CONTRACT·
It is declared that the work performed under this Contract is a governmental function that the
MUNICIPALITY performs for the DEPARTMENT. This Contract does not confer
· jurisdiction upon the MUNICIPALITY over the state trunkline highways encompassed by
this contract or over any other state trunkline highways. This Contract may not be construed
to confer temporary or concurrent jurisdiction in the MUNICIPALITY over a state trunkline
highway. Nothing inconsistent with the underlying statutory jurisdiction, duties; prerogatives,
and obligations of the DEPARTMENT is herein intended. The parties hereto further declare
that this contract is not made for the benefit of any third party.
Section 12. INSURANCE
a. The MUNICIPALITY will furnish the DEPARTMENT with a certificate of
automobile liability insurance, which will be in compliance with the No-Fault
Automobile Insurance laws ofthe State ofMichigan. Insurance coverage will include
owned, non-owned, and hired motor vehicles. Such insurance will be not less than
Two Hundred Fifty Thousand Dollars ($250,000.00) for bodily injury or death of any
one person. Coverage forpublic liability, property damage, and combined single limit
will also be in compliance with MichiganNo-F ault Automobile Insurance laws. The
MUNICIPALITY will also provide for thirty (30) days notice to the DEPARTMENT
prior to cancellation, termination, or material change of the policy. The certificate of
said insurance on DEPARTMENT Form 428 (Certificate of Insurance for State
Highway Maintenance Contract) covering public liability and property damage,
indicating thereon the policy number, the aforesaid thirty (30) days notice provisions,
and the limits ofliability will be attached to this Contract.
In the event the MUNICIPALITY is self-insured, a copy of the Secretary of State's
certificate of self-insurance will also be attached to this Contract.
b. In the event that the MUNICIPALITY receives a Notice of Intent to File Claim
and/or any complaint filed by a person seeking to recover damages from the
MUNICIPALITY for its alleged acts or omissions on a state trunkline highway, the
MUNICIPALITY will immediately provide a copy of such notice to the Assistant
Attorney General in Charge ofthe Highway Negligence Division (hereinafterreferred
to as the ASSISTANT ATTORNEY GENERAL), Transportation Building, 2nd
Floor, Lansing, Michigan, 48913. Thereafter, the MUNICIPALITY will provide
08/16/00 7 MaintRegvl
copies of pleadings and other information regarding the claims or lawsuits when
requested by the ASSISTANT ATTORNEY GENERAL and will complywith all the
obligations, duties, and requirements of the general liability policy provided herein.
Section 13. WORKERS' DISABILITY COMPENSATION
The MUNICIPALITY will comply with the Michigan Workers' Disability Compensation
Law as to all employees performing work under this Contract.
. Section 14. REQUEST FOR REIMBURSEMENT
The DEPARTMENT will reimburse the MUNICIPALITY for the following costs in the
performance of routine maintenance, non-maintenance, and all other work covered by this
Contract, except as set forth in Sections 15,16,17, and 18.
a. The DEPARTMENT share of actual cost of all direct labor employed in the
perfom1ance of this Contract, including the expense of pennit inspection, and field
and office engineering, and including auditing expense in connection with projects
on force account work by subcontractors.
b. The DEPARTMENT share of the cost of EMPLOYEE BENEFITS as referred to in
Section 5 as a percentage of payroll. Such percentage will be developed in
confonnity with the general accounts of the MUNICIPALITY on the previous fiscal
year's experience.
c. The DEPARTMENT share of the actual cost of MUNICIPALITY owned or
purchased energy.
d. The cost, after deduction of all discounts or rebates in excess of two percent (2%),
of materials furnished by the MUNICIPALITY for use in the performance of this
contract. In addition to the above costs of materials furnished by the
MUNICIPALITY and materials furnished by the DEPARTMENT, the following may
be charged by the MUNICIPALITY at its option:
1. The direct expenses of handling, such as unloading, processing, stockpiling,
heating, or loading of materials in bulk, bags, or drums, such as aggregates,
bituminous materials, and chemicals, on condition that reimbursement of
such expenses is not provided elsewhere herein, provided that these costs can
be identified within the records of the MUNICIPALITY.
11. A five percent (5%) handling and storage charge may be added to the
purchase price of all materials other than those set forth in (i) above, provided
such materials are stocked in and distributed from approved storage facilities.
08/16/00 8 MaintRegvl
When reported by the MUNICIPALITY, charges for handling and storage in
excess of five percent ( 5%) will be reimbursed to the MUNICIPALITY upon
audit, provided that these charges can be identified and supported within the
records of the MUNICIPALITY.
e. The rental of equipment used in the performance of this Contract. The rental rates
will be those established in the Table of Equipment Rental Rates issued by the
DEPARTMENT for each year.
f. The amounts paid by the MUNICIPALITY to a subcontractor, as provided for in
Section 8.
g. The cost to the MUNICIPALITY for labor, materials, and equipment rental incurred
in connection with engineering, supervision, and inspection of subcontract work.
h, · Overhead in Accordance with Attached Overhead Schedule. The approp1iate
percentage will apply to the amounts payable under A, B,C, D, E, and F, plus the
same percentage of the cost of materiahfurnished by the DEPARTMENT to the
extent that such materials are placed on State trunldine highways by the
IvIUNICIP ALITY. At the time of audit, overhead will be adjusted to the percentage
on the attached chart, based on actual expenditures for the audit periods October 1,
2000, through September 30, 2001; October I, 2001, through September 30, 2002;
October 1, 2002, through September 30, 2003; and October I, 2003, through
September 30, 2004.
1. The MUNICIPALITY will be responsible for reporting the costofthe operation,
maintenance, and amortization (if provided for in the Chemical Storage Facility
Contract) of all chemical storage facilities built with DEPARTMENT participation.
The amount payable under Paragraph H isreimbursement to the MUNICIPALITY for all
costs and expenses arising out of the performance of this Contract not elsewhere specifically
covered herein and will be deemed to include salary and expenses (including transportation)
of Maintenance Superintendents, salaries of clerical assistants, including radio
communication staff, office expense, storage rentals on municipally owned property, and the
cost of small tools, except that the MUNICIPALITY will be reimbursed for work performed
by the Maintenance Superintendent making regular. inspections of state trunkline highways
in accordance with written instructions from the DISTRICT OPERATIONS ENGINEER,
when specifically recorded on daily time sheets and reported as a direct labor charge.
It is further agreed that in smaller municipalities, the above designated Maintenance
Superintendent may at times be engaged in tasks other than those of strictly supervisory
nature, such as operator of a truck or other highway equipment, and that in all such cases the
MUNICIPALITY may be reimbursed for such time worked on state trunklines, provided that
08/16/00 9 MaintRegvl
all such time for non-supervisory work be specifically recorded on the daily time sheet and
reported on the Maintenance Payroll Report Form 41 0A, indicating thereon the exact dates
on which he so worked, the number of hours worked, and the number ofhours worked under
each classification.
To be eligible for reimbursement under this Section, costs must be submitted to the
DEPARTMENT prior to the start of the audit for each respective year of the contract period.
Section 15. WINTER MAINTENANCE
The MUNJCIP ALITY will be compensated for winter maintenance on the basis of actual
expenditures only. Snow hauling from state trunldines will be paid at the rate of
_ __,percent L_%) of actual charges supported by proper documentation, but only upon
authorization of the D ISTRJCT OPERATIONS ENGINEER. The frequency (annually, each
storm, etc.) and method of authorization (written, verbal, etc.) will be at the discretion of the
individual DISTRICT OPERATIONS ENGINEER. Snow hauling charges should be shown
as Activity 149, "Other WinterMaintenance," on trunkline Maintenance Reports.
The MUNJCIP ALITY agrees that it will prohibit additional snow from being deposited on
the highway right of way from side · streets. The above percentage represents the
DEPARTMENT'S share of snow removal from all trunklines in the MUNJCIPALITY,
including that snow moved into the right of way from on-street parking areas and adjacent
sidewalks by the MUNICIPALITY in non-residential areas.
Section 16. PAVEMENT MARKING
Compensation for the item of "Pavement Marking" will be made on the basis of actual
expenditure only, except in no case will the MUNICIPALITY be compensated for a total
expenditure in excess of the amount designated for pavement marking in the Field Activity
Budget for the appropriate state fiscal year. Only painting authorized by the DISTRICT
OPERATIONS ENGINEER will be compensated for, and in no case will curb painting be
included in charges for state trunkline maintenance.
Section 17. SWEEPING AND FLUSHING
Compensation for the item of"Sweeping and Flushing" will be made on the basis of actual
expenditures only, except that in no case will the MUNICIPALITY be compensated for a
total expenditure for sweeping and flushing in excess of the amount designated for sweeping
and flushing on the Summary of the Field Activity Budget for the appropriate State fiscal
year.
08/16/00 10 MaintRegvl
Section 18. TREES AND SHRUBS
Charges to Activity 121, 'Trees and Shrubs," are to be shared equally by the
MUNICIPALITY and the DEPARTMENT. If state and local forces combine efforts in tree
trimming, this will be considered sharing equally. Dead tree removal charges to Activity 121
will be paid entirely by the DEPARTMENT.
Section 19. EQUIPMENT LIST
The MUNICIPALITY will furnish the DEPARTMENT with a list of equipment to be used
in the performance of the contract on DEPARTMENT Form 471.
Section 20. RECORDS TO BE KEPT
The MUNICIPALITY will:
a. Establish and maintain accurate records, in accordance with generally accepted
accounting principals, of all expenses incurred for which payment is sought or made
· under this Contract, said records to be hereinafter referred to as the "RECORDS.''
Separate accounts will be established and maintained for all costs incurred under this
Contract. The RECORDS include, but are not limited to:
1. Daily time cards for employees and equipment indicating the distribution to
route sections and work items that must be signed by the employee and his
immediate supervisor or by a timekeeper and the supervisor when a
timekeeper is employed. Those MUNICIPALITIES using crew day cards
may, if they prefer, retain.crew day cards backed by a time record for the pay
period signed as above in lieu of daily time cards detailing the distribution.
11. Properly signed material requisitions (daily distribution slips) showing type
ofmaterial, quantity, units, and date issued and indicating distribution thereof
to route sections and work items.
111. Such additional cost records as are necessary to support and develop unit cost
charges and percentages applied to invoice costs. No such cost records are
necessary in support of the overhead percentage or the five percent (5%)
handling charge.
b. Maintain the RECORDS for at least 3 years from the date of the DEPARTMENT's
receipt of the statement of charges for the quarter ending September 30 of each year
of this contract period. In the even of a dispute with regard to the allowable expenses
or any other issue under this Contract, the MUNICIPALITY will thereafter continue
08/16/00 11 MaintRegvl
to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
c. Allow the DEPARTMENT or its representative to inspect, copy, or audit the
RECORDS at any mutually acceptable time. However, the MUNICIPALITY cannot
unreasonably delay the timely performance of the audit.
Section 21. CERTIFIED STATEMENT OF CHARGES
The MUNICIPALITY hereby certifies that, to the best ofthe MUNICIPALITY' s knowledge,
the costs reported to the DEPARTMENT for this Contract will represent only those items
that are properly chargeable in accordance with the Contract. The MUNICIPALITY also
hereby certifies that it has read the contract terms and is aware of the applicable laws,
regulations, and terms of the Contract that apply to the reporting of costs incurred under
terms of this Contract.
Requests for reimbursement to be made under Section 14 will be made quarterly on the basis
of certified statements of charges that will be prepared and submitted by the
MUNICIPALITY within thirty (30) days from the end of each quarter on forms furnished by
the DEPARTMENT or using an equivalent approved alternative format. Costs submitted
beyond 60 (sixty) days from the end of each quarter will include written justification for the
delay and will be paid only upon approval of the DISTRICT OPERATIONS ENGINEER.
Upon written request to the DISTRICT OPERATIONS ENGINEER, payments may be made
to the MUNICIPALITY on a monthly basis, after submission to the DEPARTMENT of
certified statements of costs for each monthly payment period, only during the quarter
beginriing January 1 through March 31 of each contract year.
Section 22. AUDIT
The MUNICIPALITY'S records will be subject to audit. Charges by the MUNICIPALITY
for maintenance of state trunkline highways and authorized non-maintenance work
performed under this Contract will not be adjusted (increased or decreased) by audit after
twenty-four (24) months subsequent to the date of the DEPARTMENT's receipt of certified
statement of charges for the quarter ending September 30 of each year of this contract period.
This limitation will not apply in case of fraud or misrepresentation of material fact or if
mutually agreed to in writing.
The firm unit prices for aggregates and bituminous materials that are processed audfurnished
by the MUNICIPALITY will not be subject to adjustment.
If any adjustments are to be made, the MUNICIPALITY will be notified of the tentative
exceptions aud adjustments within the above twenty-four(24) month period. The twenty-four
(24) month period is intended only as a limitation of time for making adjustments and does
08/16/00 12 MaintRegvl
not limit the time for payment of such amounts. In the event that an audit performed by or
on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this
Contract or questions the allowability of an item of expense, the DEPARTMENT will
promptly submit to the MUNICIPALITY a Notice of Audit Results and a copy of the audit
report, which may supplement or modify any tentative findings communicated to the
MUNICIPALITY at the completion of an audit.
Within sixty (60) days after the date of the Notice ofAudit Results, the MUNICIPALITY
will (a) respond in writing to the responsible Bureau of the DEPARTMENT indicating
whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a
written explanation as to any questioned or no opinion expressed item of expense, hereinafter
referred to as the "RESPONSE." The RESPONSE will be clearly stated and will provide any
supporting documentation necessary to resolve any disagreement or questioned orno opinion
expressed item of expense. Where the documentation is voluminous, the MUNICIPALITY
may supply appropriate excerpts and make alternate arrangements to conveniently and
reasonably make that documentation available for review by the DEPARTNIENT. The
RESPONSE will refer to and apply the language of the Contract. The MUNICIPALITY
agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes
agreement with any disallowance of an item of expense and authorizes the DEPARTMENT
to finally disallow any items of questioned or no opinion expressed cost.
Unless extended by the DEPARTMENT within 120 days after the date of Notice of Audit
Results, the MUNICIPALITY will have an opportunity to appear before the
DEPARTMENT's Disputed Audit Review (DART) to exp lain and support the RESPONSE.
Within 30 days after DART considers the appeal, the DEP ARTMENTwill make its decision
regarding any disallowed or questioned or no opinion expressed items.
The DEPARTMENT will make its decision with regard to any Notice of Audit Results and
RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit
Results. If the DEPARTMENT determines that an overpayment has been made to the
MUNICIPALITY, the MUNICIPALITY will repay that amount to the DEPARTMENT or
reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days
after the date of an invoice from the DEPARTMENT. If the MUNICIPALITYfails torepay
the overpayment or reach agreement with the DEPARTMENT on a repayment schedule
within the (30) dayperiod, the MUNICIPALITY agrees that the DEP ARTMENTwill deduct
all or a portion of the overpayment· from any funds then or thereafter payable by the
DEPARTMENT to the MUNICIPALITY under this Contract or any other agreement or
payable to the MUNICIPALITY under the terms of 1951 PA 51, as applicable. Interest will
be assessed on any partial payments or repayment schedules based on the unpaid balance at
the end of each month until the balance is paid in full. The assessment of interest will begin
thirty (30) days from the date of invoice. The rate of interest will be reviewed armually by
the DEPARTMENT and adjusted as necessary based on the Michigan Department of
08/16/00 13 MaintRegvl
Treasury common cash funds interest earnings. The MUNICIPALITY expressly consents to
this withholding or offsetting of funds under those circumstances, reserving the right to file
a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only as to any
item of expense the disallowance of which was disputed by the MUNICIPALITY in a timely
filed RESPONSE.
Section 23. TERM OF CONTRACT
The term of this Contract is October 1, 2000, through September 30, 2004.
Section 24. TERMINATION OF CONTRACT
This Contract may only be terminated by either party during the months of April, May, or
June. Written notice of termination must be given to the other party ninety (90) days prior
thereto. This contract may be temporarily suspended bytheDEP ARTMENT when officially
no"tified by the MTJNICIP ALITY that maintenance work can no longer be perfonned on a
twenty four (24) hour, seven (7) day-a-week basis. At the time of suspension, the
DEPARTMENT will assume all maintenance responsibilities with its own personnel,
equipment, and materials.
Section 25. STATE OF MICHIGAN ADMINISTRATIVE BOARD RESOLUTION
The provisions of the State of Michigan Administrative Board Resolution of May 1, 1979,
as amended, attached hereto, are hereby made a part of this Contract.
Section 26. CONTRACT CONTENT
In the event of any conflict between the Contract body and any Exhibit(s), Attachment(s),
Appendices, or Authorizations hereto, the body of the Contract will govern.
08/16/00 14 MaintRegvl
Section 27. EFFECTIVE DATE OF CONTRACT
This Contract will become binding on the parties hereto upon signing by the duly authorized
officials for the MUNICIPALITY and for the DEPARTMENT and upon the adoption of a
resolution approving said contract and authorizing the signature(s) thereto of the respective
official(s) of the MUNICIPALITY, a certified copy of which resolution will be attached to
this contract, and with the approval of the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be awarded.
CITY OF MUSKEGON
BY ~ Cl. LJ.,,-t'
TITLE C. ,1 'I C '-- 16 R.\(,_
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TITLE Department Director
08/16/00 15 MaintRegvl
MICHIGAN DEPARTMENT OF TRANSPORTATION
CONTRACT MUNICIPALITIES
OVERHEAD SCHEDULE
Following is the table of allowable percentages for Overhead, Supervision and Expense of small tools to be paid by
the Michigan Department of Transportation in connection with State trunkline highways maintenance contracts.
Small tool expense includes tarpaulin, barricades, hand sanders, torches, flags, picks, shovels, saws, axes,
wheelbarrows and other tools up to seventy five dollars in value for each tool, except for those units presently
classified in the Equipment Rental Rate Book.
Effective October 1, 2000, to September 30, 2004
Total amount paid under
this contract to include Percent Percent Total
Non-Maintenance, Allowed Allowed Percent
Routine Maintenance & for for Small Allowed
Heavy Maintenance Overhead Tools
Up to $25000_ __ 10.50 .50_ _ 11.00
25001 " 26000 10.40 " 10.90
26001 "27000_ _ 10.30 " 10.80
27001 "28000_ _ 10.20 10.70
28001 "29000_ _ 10.10 10.60
29001 "30000_ _ 10.00 " 10.50
30001 "31000_ _ 9.90 _ _ 10.40
31001 "32000_ _ 9.80 " 10.30
32001 "33000_ _ 9.70 " 10.20
33001 "34000_ _ 9.60 " 10.10
34001 "35000_ _ 9.50 10.00
35001 "38000_ _ 9.40 " 9.90
38001 "41000_ _ 9.30 _ _ " 9.80
41001 "44000_ _ 9.20_ _ 9.70
44001 "47000_ __ 9.10 _ _ 9.60
47001 "50000_ _ 9.00 " 9.50
50001 "53000_ _ 8.90 " 9.40
53001 " 56000- - - 8.80 " 9.30
56001 " 59000_ _ 8.70 " 9.20
59001 " 62000- - - 8.60 " 9.10
62001 " 65000_ _ 8.50 9.00
65001 "70000_ _ 8.28 8.78
70001 " 75000 8.07 8.57
75001 " 80000_ _ 7.86 8.30
80001 "85000_ __ 7.64_ _ 8.14
85001 " 90000 7.43 7.93
90001 " 95000_ _ 7.21 7.71
9500land over 7.00 7.50
STATE OF MICHIGAN
ADMINISTRATIVE BOARD RESOLUTION
OF
MAY 1, 1979
(As amended on December 2, 1980, April 7, 1981,
August 18, 1981, May 15, 1984, April 7, 1987,
December 15, 1987, January 5, 1988, May 2, 1989 and September 17, 1996)
DEPARTMENT OF TRANSPORTATION
CONSTRUCTION AND MAINTENANCE CONTRACTS
WHEREAS, pursuantto the provisions of Section 2, Act 17, Public Acts of 1925, as amended, all
contracts entered into by the Michigan State Transportation Commission or the Michigan
Department of Transportation, hereinafter referred to as the "Commission" and the "Department"
respectively, require approval of the State Administrative Board, hereinafter referred to as the
"Board", except, the Commission or the Department, without the approval of the Board, is
authorized to contract for an amount not exceeding $20,000.00 for each contract, for toilet vault
cleaning, use of licensed sanitary landfills, pickup and disposal of refuse, pavement surfacing and
patching, rental of equipment for emergency repairs and maintenance operations, curb replacement,
maintenance of office equipment, installation of utility services and installation of traffic control
devices and without such approval, may authorize Boards of County Road Commissioners,
Township Boards, and Municipalities, under contracts for the maintenance oftrunkline highways,
to subcontract in amounts not to exceed $20,000.00 for each subcontract;
WHEREAS, modification of highway construction and maintenance contracts 1s sometimes
necessary;
WHEREAS, extra work is defined as any work which is determined to be essential to the
satisfactory completion of the contract but which neither appears therein as a specific item of work
nor is included in the price bid for other items in the contract;
WHEREAS, it is sometimes necessary in order to avoid delays and increased costs for the
Department to authorize extra work by modification of the contract without obtaining specific prior
approval of the Board for such modifications;
THEREFORE, BE IT RESOLVED by the State Administrative Board of the State of Michigan
as follows:
1. Pursuant to applicable Public Acts, the Department, without obtaining the approval of this
Board, in connection with any construction or maintenance contract, may contract for extra
work or labor, or both, not exceeding $48,000.00 per contract for contracts having a value
of$800,000.00 or less and not exceeding 6% per contract for contracts having a value over
$800,000.00 under a contract with a private agency authorized by law, and for an amount not
exceeding $800,000.00 under a contract with Boards of County Road Commissioners,
Township Boards, and Municipalities of this State, except that each job for extra or
additional work or labor, or both, in excess of $100,000.00 shall require approval of the State
Administrative Board.
2. All agreements by the Department to pay for extra work on either a negotiated price or force
account basis in excess of the amounts shown in paragraph 1 must be approved by the Board.
3. No extra work which may cause an increase in the contract price in excess of the amount
shown in paragraph 1 shall be authorized by the Department prior to Board approval, unless
and until the Attorney General has approved the authorization as being in compliance with
all legal requirements. Provided, however, that extra work costing not more than $25,000.00
may be authorized by the Department without prior approval of the Attorney General, if
necessary to avoid construction delays or increased costs.
4. Department authorizations for extra work, requiring Board approval, given prior to Board
approval shall be presented to the Board for subsequent approval or disapproval as quickly
as possible, but in no case more than 60 days after the extra work has been authorized by the
Department .
. 5. The Department shall not pay nor agree to pay any disputed claim for extra compensation for
work already commenced or completed without approval of the Board.
6. No payments for extra work requiring Board approval shall be made until such Board
approval has been obtained.
7. The Department is authorized to balance budgets for extra work recommendations or
authorizations previously approved by the Board, by decreasing, in any amount, or
increasing, not in excess of 15 percent, the original estimated amount without additional
approval by this Board.
8. No payments for increased contract quantities shall be made by the Department unless and
until the Board has given prior approval for such payments, except that payments for
overruns may be made without Board approval if such payments do not exceed the following
per cent of the· original contract price: 10 percent on contracts of $50,000.00 or more; 15
percent on contracts of$25,000.00 to $49,999.99; and 25 percent on contracts of less than
$25,000.00.
9. "The Department shall deduct from payments, and retain 2.5 percent of the total amount
earned by a contractor. When the project reaches 90 percent completion, the amount of
retainage may be reduced. Local units of government, performing as contractors to the
Department, may be excluded from these retainage provisions.
In respect to contracts between the Department and Railroad companies, the 2.5 percent shall
be retained until after final audit. The retainage provision may be waived for those Railroad
companies the Department has determined to have had recent, acceptable history of both
contract compliance and audit experience with the Department, and where there are no other
circumstances indicating a need to maintain the retainage to reasonably protect the public
interest."
10. The Department shall assess damages against any contractor who fails to have the job open
to traffic or completed by the dates specified in the contract unless the contractor has been
excused for such failure by the Department. The Depaiiment may, without approval of the
Board, extend the time for opening to traffic or completion of the contract because of delays
from unforeseen causes beyond the control and without the fault or negligence of the
contractor, including and restricted to: acts of God; acts of public enemy; acts of
Government, acts of the State or any political subdivision thereof; fires; floods; epidemics;
strikes; or extraordinary delays in delivery of materials.
No excusal or waiver of dainages, except as above provided, shall be final and binding upon
the State unless and until approved by the Board, except excusals and waivers granted by the
Department prior to the effective date ofthis Resolution pursuant to applicable specifications
and other contract provisions.
11. The foregoing requirements established by the Board shall be made as express part of all
construction and maintenance contracts entered into by the Commission, and the
Department's standard and supplemental specifications shall be ainended to reflect such
requirements.
12. Policy Resolution A, approved by the Board on July 17, 1956, and the Resolutions of
October 17, 1967, and May 6, 1975 as ainended May 4, 1976, are hereby repealed, except
that all rights, causes of action, claims, proceedings and suits existing on the effective date
of this Policy Resolution shall continue unaffected.
13. Upon approval by the State Administrative Board, this Resolution shall be effective as of
September 17, 1996.
APPENDIX A
PROHIBITION OF DISCRJMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
discriminate against an employee or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges of employment, or as a matter directly or indirectly related
to employment, because ofrace, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by
Act No. 478, Public Acts ofl980 the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or
privileges of employment, or a matter directly or indirectly related to employment, because
of a disability that is unrelated to the individual's ability to perform the duties of a particular
job or position. A breach of the above covenants shall be regarded as a material breach of
this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion
of the work set forth in this contract is to be performed, shall contain a covenant the same
as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age, sex,
height, weight, marital status or a disability that is unrelated to the individual's ability to
perform the duties of a particular job or position. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age, sex, height, weight,
marital status or disability that is unrelated to the individual's ability to perform the duties
of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice advising the said labor union or workers' representative
of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission which may be in effect prior to the taking
of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms
as provided by the Michigan Civil Rights Commission, said forms may also elicit
information as to the practices, policies, program, and employment statistics of each
subcontractor as well as the contractor himself, and said contractor will permit access to his
books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for
purposes of investigation to ascertain compliance with this contract and relevant with rules,
regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules,
that a contractor has not complied with the contractual obligations under this agreement, the
Civil Rights Commission may, as part of its order based upon such findings, certify said
findings to the Administrative Board of the State ofMichigan, which Administrative Board
may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions,
departments, and officers, and including the governing boards of institutions of higher
education, until the contractor complies with sard order of the Civil Rights Commission.
Notice of said declaration of future ineligibility may be given to any or all of the persons with
whom the contractor is declared ineligible to contract as a contracting party in future
contracts. In any case before the Civil Rights Commission in which cancellation of an
existing contract is a possibility, the contracting agency shall be notified of such possible
remedy and shall be given the option by the Civil Rights Commission to participate in such
proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the
rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in
every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller.
March, 1998
Date: September 12, 2000
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2001 Budget Adoption
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's proposed
budget for the year 2001. The proposed 2001 budget has been made available for public inspection at
City Hall and at the Hackley Public Library since September 1st. At this time the City Commission may
take action to adopt the 2001 budget with whatever changes or adjustments it deems necessary. In
any event, City Charter requires the 2001 budget be adopted no later than September 25, 2000.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan for
operations in the year 2001. As proposed, the budget includes no property tax increase.
BUDGET ACTION REQUIRED: Adoption of the attached budget resolution provides the
legal appropriation authority necessary for City departments to conduct operations in 2001.
STAFF RECOMMENDATION: After receiving comments, close the public hearing and
approve the proposed 2001 City of Muskegon Budget resolution that is attached. Also, approval of the
rd
3 Quarter 2000 Budget Reforecast as shown in the Budget Book is recommended at this time.
COMMITTEE RECOMMENDATION: The Committee of the Whole met in a special
th
work session, Monday, September 11 to review the budget.
9/18/97
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2001 BUDGET
2000-SS(a)
WHEREAS, the City Manager has submitted a proposed Budget for 2001 in
accordance with the City Charter and Michigan Public Act 621 of 1978 known as the
"Uniform Budgeting and Accounting Act"; and,
WHEREAS, the 2001 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT
RESOLVED that the Budget for the City of Muskegon for the fiscal year beginning January
1, 2001 is hereby determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 132,648
101-10102 City Promotions & Public Relations 34,000
101-10145 City Attorney 370,674
101-10172 City Manager 194,056
101-10875 Contributions to Outside Agencies 141,640
101-10891 Contingency and Bad Debt Expense 450,000
101-20173 Administration 181,339
101-20215 City Clerk & Elections 264,292
101-20220 Civil Service 197,982
101-20228 Affirmative Action 79,285
101-20744 Julia Hackley Internships 4,650
101-30202 Finance Administration 354,483
101-30205 Income Tax Administration 292,024
101-30209 Assessment Services 373,666
101-30248 Information Systems Administration 284,942
101-30253 City Treasurer 350,429
101-30851 Insurance Premiums 270,000
101-30906 Debt Retirement 265,098
101-30999 Transfers to Other Funds 1,371,000
101-40301 Police 6,644,225
101-40333 Police Narcotics Unit 508,343
101-50336 Fire 3,031,873
101-50387 Fire Safety Inspections 937,201
101-60265 City Hall Maintenance 273,256
101-60446 Community Event Support 97,882
101-60448 Street Lighting 532,064
101-60523 Sanitation 1,480,330
101-60528 Recycling 262,707
101-60770 Senior Citizen Transit 48,848
101-70276 Cemeteries Maintenance 494,246
101-70585 Parking Operations 50,156
101-70751 Parks Maintenance 1,255,308
101-70752 Forestry 161,636
101-70757 McGraft Park Maintenance 54,443
101-70775 General Recreation 293,373
101-70776 Inner City Recreation and Drug Education 193,429
101-70863 Farmers' Market and Flea Market 39,292
101-80387 Environmental Services 343,558
101-80400 Planning, Zoning and Economic Development 521,425
101-96000 Major Capital Improvements 245,000
Grand Total General Fund Appropriations $23,180,803
94
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 5,401,609
203 Local Streets 1,741,619
230 Enterprise Community 180,000
254 L.C. Walker Arena 861,416
211 Police Training 30,000
264 Criminal Forfeitures 75,000
297 Local Development Finance Authority II 650,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 181,093
306 Special Assessment Debt 243,418
394 Downtown Development Authority Debt 618,972
BE IT FURTHER RESOLVED that the revenues and other financing sources (including
use of prior year balances) for Fiscal Year 2001 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $13,142,817
Licenses and Permits 991,000
Federal Grants 456,005
State Grants 0
State Shared Revenue 5,441,651
Charges for Sales & Services 1,824,457
Interest & Rentals 500,843
Fines & Fees 289,200
Other Revenue 362,650
Other Financing Sources 180,000
Total General Fund Revenue
Appropriations $23,188,623
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 5,401,609
203 Local Streets 1,741,619
230 Enterprise Community 180,000
254 L.C. Walker Arena 861,416
211 Police Training 30,000
264 Criminal Forfeitures 75,000
297 Local Development Finance Authority II 650,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 181,093
306 Special Assessment Debt 243,418
394 Downtown Development Authority Debt 618,972
95
BE IT FURTHER RESOLVED that the operating expense projections for the following
non-budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
404 Public Improvement Fund $715,600
403 Sidewalk Improvement Fund 1,262,413
482 State Grants Fund 2,535,000
584 Municipal Golf Course 200,000
590 Sewer 4,270,947
591 Water 7,349,004
594 Marina/Launch Ramp 199,258
661 Equipment 1,979,157
642 Public Service Building 557,103
643 Engineering Services Fund 637,308
677 General Insurance Fund 3,421,019
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the
several amounts set forth above which, pursuant to the "Uniform Budget and Accounting
Act", define the City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on
each dollar of taxable valuation for the purposes herein outlined, said levy to be applied
on all taxable real and personal property in the City of Muskegon as set forth in the
assessment roll dated May 24, 2000:
PURPOSE MILLAGE (MILLS)
General Operating 7.0000
Sanitation Service 3.0000
Promotion .0859
Total 10.0859
At a regular meeting of the City Commission of the City of Muskegon, on the Twelfth Day
of September 2000, the foregoing resolution was moved for adoption by Commissioner
Aslakson . Commissioner Spataro supportedthemotion.
Resolution declared adopted.
Lo.L ·
yClerk ~~
96
Commission Meeting Date: September 12, 2000
Date: August 31, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentC.f?C.,,
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate • SAPPI Fine Paper
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, SAPP! Fine Paper, 2400 Lakeshore
Drive, has requested the issuance of an Industrial Facilities Exemption Certificate.
Total capital investment for this project is $9,493,520 in personal property. The project
will not create any new employment opportunities. SAPPl's current workforce is 735.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of (9) years.
COMMITTEE RECOMMENDATION:
None
8/31/2000
Resolution No. 2000-SS(b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
SAPPI FINE PAPER
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
December 14, 1983, this Commission by resolution established an Industrial Development
District as requested by S.D. Warren Company, 2400 Lakeshore Drive, Muskegon,
Michigan 49441; and
WHEREAS, SAPPI Fine Paper has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to a new machinery and equipment to be installed within said
Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a pUblic hearing on
September 12, 2000, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which
hearing the applicant, the assessor and representatives of the affected taxing units were given
written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
July 27, 2000, the date of the acceptance of the application for the issuance of an Industrial
Facilities Tax Exemption Certificate; and
WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and detenmines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of SAPPI Fine Paper, for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon to wit:
Blks 598, 599,600,601,602, 603, & 604, excluding W/y 260 ft also Richards Street vacated
from N line Lakeshore Drive to Shore of Muskegon Lake excluding C & 0 ROW a/so Lot 19
Blk 597 excluding com @ SE comer said Lot 19 thence Nwly on Ely line said Lot 125 ft.
thence !My 70 ft. thence Se/y 125 ft. to S line said Lot thence Ely 70 ft. to POB.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of nine (9) years on personal property.
8/31/00 '2
Adopted this 1201 Day of September 2000
Ayes: Benedict, Nielsen, Sc hweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on ·September12,
2000.
· 8/31/00 3
City of Muskegon
Industrial Development Dist:irict
Summary Sheet
Company Summary:
SAPP! Fine Paper, 2400 Lakeshore Drive, has requested the issuance of an Industrial
Facilities Exemption Certificate. SAPP! is installing $9,493,520 to upgrade machinery and
equipment at the Muskegon plant. SAPP! manufactures high quality coated commercial printing
paper products. This company has been very consistent in meeting their previous IFT goals.
SAPPI Fine Paper (formerly S.D. Warren Co.) has historically been a stable company and
employer for the Muskegon area. Due to the fact that the company is investing more than $9
million, it is eligible for a three (3) year investment bonus in addition to the standard six (6) year
exemption for personal property.
Employment Information:
Racial Characteristics:
White 614
Minority 121
Total 735
Gender Characteristics:
Male 643
Female 92
Total 735
Total No. of Anticipated New Jobs: 0
Investment Information:
Real Property: $0
Personal Property $9,493,520
Total: $9,493,520
Property Tax Information: (Annual) All Jurisdictions City Only
Total New Taxes Generated $256,325 $95,885
Value of Abatement $128,163 $47,942
Total New Taxes Collected $128,163 $47,942
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $0
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full No
Appropriate Zoning No
1/< ---
=,,,~_1'a;,,✓,;;i~-
..
Matthew Dugener'
Business Development Affirmative Action
Muskegon Lake
Muskegon Country Club
Commission Meeting Date: September 12, 2000
Date: September 5, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for Time Extension - IFT
Certificate No. 97-534- Neway Anchorlok International
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Neway Anchorlok International,
1950 Industrial Boulevard, Muskegon, Michigan has requested a time extension of
Industrial Facilities Exemption Certificate No. 97-534.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting a time extension on Industrial Facilities
Exemption Certificate No. 97-534 for a term of (1) year.
COMMITTEE RECOMMENDATION:
None
Resolution No. 2000-88 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING EXTENSION OF TIME TO COMPLETE TERMS OF IFT
CERTIFICATE NO. 97-534 - NEWAY ANCHORLOK INTERNATIONAL
WHEREAS, pursuant to P.A. 198 of 1974, as amended, Neway Anchorlok International, has
requested an extension of time to complete the installation of equipment abated under
IFT Ce1tificate No. 97-534; and
WHEREAS, the original ce1tificate and Tax Abatement Contract between the City and Neway
Anchorlok required that all equipment be installed by December 3 1, 1999; and
WHEREAS, Neway Anchorlok Intel'national has experienced several unexpected delays in
the acquisition and installation of one component of the equipment listed in IFT
Certificate No. 97-534 but expects that this equipment will be installed by December 31,
2000;and
WHEREAS, Neway Anchorlok International requests an extension for installation of equipment
until December 31, 2000.
NOW THEREFORE BE IT RESOLVED, the Muskegon City Commission agrees to extend the
time for the installation of machine1y and equipment from December 31, 1999 to
December 31, 2000 for IFT Certificate 97-534.
Adopted this Iih Day of September 2000.
Ayes: Niel sen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Bened ict
Nays: None
Absent: None
By:
Attest:
I hereby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted by
the Muskegon City Commission,- County of Muskegon, Michigan, at a regular meeting held on
September 12,2000. ~
L
Gail Kundinger, Clerk dw
,_.,; '
f
-,-•--
\
. -- ~ '
NIEWAY ANCHORILOK
INTERNATIONAL
l\fr. Matt Dugener
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443
RE: Neway Anchorlok International, Inc
Request for extension of due date for Industrial Facility Exemption Certificate #1997-534
Within our application, an "E-coat paint system" is listed with a total cost of$2,007,483. As of
December 31, 1999 this system was not yet completed. We therefore request that the due date to
complete the projects listed on the application be given a one-year extension to December 31,
2000,
While the other items listed on the application could be completed within the time frame
allowed, the E-coat paint system has yet to be completed. There are many factors into why
N eway Anchorlok missed the target date. First, there where major design options which needed
to be worked through and decided upon. Once this was done, the approval process took longer
than anticipated. Also, the system is a one of a kind system; it therefore took more engineering
hours and time to build than originally planned. In the middle of the project, there was a major
change in the project scope that pushed out the completion time several months. Finally, we
purchased the paint plant and material handling transporters from a vendor in the United .
Kingdom. The vendor had delays in their build schedule and we lost approximately four-six
weeks in US customs.
If you require further information or clarification, please call me at (231) 777-4351.
Sincerely,
/✓-~-~'(: I' ✓-. {)' ' .
(
"---Wl.-. ,LJv ~
ChrisD Cook
Assistant Contoller
1950 INDUSTRIAL BOULEVARD. RO. BOX 425. MUSKEGON, Ml 49443-0425
TELEPHONE 6 l 6-773-3271 FAX 6 l 6-766-3893 • l-800-356-3929
,:~,,.....~,,-,-,..,,.. .,,,.,. ,, .. ,.,,...,....,.,,_,.. __ -- -
Muskegon Township
Laketon Avenue
CITY OF MUSKEGON
LEGAL NOTICE
NOTICE IS HEREBY GIVEN that a public hearing will be held concerning a time extension of an
Industrial Facilities Exemption Certificate, as requested by Neway Anchorlok International, Inc., 1950
Industrial Boulevard, Muskegon, Michigan, as provided for by Act 198 of the Michigan Public Acts of
1974, as amended. The hearing will be held by the City Commission of the City of Muskegon on
September 12, 2000, at 5:30 p.m. at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan.
Owners of property and any residents or taxpayer of the City of Muskegon shall have the right to appear
and be heard.
Gail Kundinger, City Clerk
8/31/00 4
Date: September 12, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District& Bid Consideration on:
Irwin, Peck to Wood
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Irwin Ave. from Peck
Street to Wood project, 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.
Furthermore, if the district is created to award the contract to Felco Contractors since they
were the lowest responsible bidder with a bid price of $344,113.03 (see bid tabulation).
FINANCIAL IMPACT:
The construction cost of $344,113.03 plus related engineering expenses.
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. Also, if the district is created to
award the contract to Felco Contractors.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2000-88( d)
Resolution At First Hearing Creating Special Assessment District
For IRWIN AVENUE FROM 38' EAST OF THE CENTERLINE OF PECK TO 234'
WEST OF THE CENTERLINE OF WOOD STREET.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on SEPTEMEBR 12, 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 SEPTEMBER 12, 2000, there were 19. 48 % 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 Si eradzk i 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 11.72 % of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes_ _ S_c_h_w_e_i_fl_e_r~,_S_h_ep~h_e_r_d~,_S_ie_r_a_d_z_k_i~,~Sp~a_t_a_r_o~,_A_s_l_a_k_s_o_n~, _B
_e_n_e_d_i_ct~, _
Nielsen
Nays None
- -- -- - - - - - - - - - - - - -- -- - - -- - -- - -
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on September 12, 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
EXHIBIT A
Irwin Ave. from Peck Street to Wood
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section ofIRWIN AVENUE FROM 38' EAST OF THE
CENTERLINE OF PECK TO 234' WEST OF THE CENTERLINE OF WOOD STREET
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 12 TH DAY OF SEPTEMBER, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT: - - - .
All parcels abutting Irwin Avenue from 38' east of the centerline of Peck
Street to 234' west of the centerline of Wood 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 SEPTEMBER 2, 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 1ST DAY OF SEPTEMBER, 2000.
~ o.L~~
GAIL A. KUNDINGER, CITY CW,ERI(
SUBSCRIBED AND SWORN TO BEFORE ME THIS
lfl-/2
DAY OF ,, 5e,l)-le
m be c , 2000.
~ ,Jk . ,,J_ r ~
NOTA Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES L,. d ,C--o c2,
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FOO
ENGINEERING FEASIBILITY STUDY
IRWIN AVE.
PECK TO WOOD
The Milling & resurfacing as well as curb & gutter replacement on Irwin between Peck and
Wood was initiated by the City due to the conditions its in. The proposed resurfacing, we feel, is
necessary to prevent this section of roadway from deteriorating to a point where resurfacing
would not be a valid option and complete reconstruction would then be necessary, and
subsequently increasing the cost to the property owners as well as to the City.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate of the project is $386,000.00. The total assessable amount is
$45,25.36 and the assessable footage on these improvement is2,653.98 lineal feet, which
translates into an estimated improvement cost of$145.44 per assessable foot. The assessment
amount will be at a cost not to exceed $17.05 per assessable front foot.
I MUSKEGON COlJNTY
I M C H G A N
173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
FAX (231) 724-1129
I BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
Kenneth J. Hulka, Chair
I Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
I Jacobo.Funkhouser
James J. Kobza
Louis McMurray August 29, 2000
Clarence Start h . .
I Mo ammed Al-Shatel, City Engmeer
933 Terrace Street
Muskegon,MI49443
I
Mr. Al-Shatel:
I In accordance with your request, I have examined the proposed special
assessment district entailing the milling and resurfacing of Irwin Avenue located
I between Peck Street and Wood 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
I restrictions of escheat, taxation, police power and eminent domain. The effective
date is August 18, 2000.
I In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I project. The amounts reflect the sum of the immediate estimated value
enhancement and the intrinsic value that will accrue from an overall increase in
I property values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of $17.05 appears
I reasonable in light of analysis that indicates a probable enhancement of $19.50.
The conclusions are based upon the data presented within this limited analysis in
I restricted format, and on supporting information in my files.
I Sipcerely, J-' C17
(/u>JV-f Ct. . >-:LA,r;--v•Jc'-L cX
I ferry NGroeneveld, CMAE 3
Senior Appraiser
I
I TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
Affirmative Action
616/724--6703
FAX/724-67-~0 MUSKEGON
Assessor
616n2-t..61os
FAX/724-6768
September 01, 2000
Cemetery
6I6n24-6783
FAxn22-4188
Civil Service
616/724-6716
F AXn24-6790 West ~Uchlgan's Shoreline City
Clerk
616/724-6705
F Axn24-6768
Parcel Number -----: at -------
Comm. ~ Neigh.
Services NOTICE OF HEARING ON SPECIAL ASSESSMENT
616/724-6717
FAxn24-6790
Dear Property Owner:
Engineering
616/724-6707
FAX/724-6790 The Muskegon City Commission is considering whether or not to create a special
Finance
assessment district which would assess your property for the following paving project:
616n24-6713
FAxn24-6768
Irwin Avenue, Peck Street to Wood Street
Fire Dept.
616/724-6792
FAX/724-6985 The proposed special assessment district will be located as follows:
Income Tax
616/724-6770 All parcels abutting Irwin Avenue from 38' east of the centerline of Peck Street to 234'
FAX/724-6768
west of the centerline of Wood Street
Info. Systems
616/724-6975
FAX/724-6768
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
Leisure Service
6t6n24-6704 of the proposed special assessment which are important to you.
FAX/724-6790
Manager's Office Public Hearings
616/724-6724
FAX/724-6790
An initial public hearing to consider the creation of a special assessment district will be
Mayor's Office
616n24-6701
held at the City of Muskegon City Commission Chambers on September 12, 2000 at
FAXfl24-6790 5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
Neigh. & Const
in writing to express your opinion, approval, or objection concerning the proposed
Services special assessment. We are enclosing a Hearing Response Card for you to indicate
6t6n24-6715
FAXfl24-6790 your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
Planninefloning
616/724-6702 estimated cost of the assessment. You may also appear, as above, in lieu of, or in
FAxn24-6790 addition to mailing your response card to the City Clerk. Written objections or
Police Dept. appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
616/724-6750 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
FAXfllZ-5140
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
Public Works
616/724-4100
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 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 $386,000 of which
approximately 11.72% ($45,250.36) 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
excef't holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments -Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year .
•
JV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
IRWIN AVENUE H-1513
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the repair/replacement
of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2000
65% MEDIAN
, . HOUSEHOLD
- ,. ,, _,.,.,_ '"',INCOME CHART '.
.·.,,,·s,.,s-··. .t
FAMILY SIZE INCOME LIMIT
1 $22,800
2 26,040
3 29,340
4 32,580
5 35,160
6 37,800
7 40,380
8 43,020
For each extra, add 3,240
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance, Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver~s license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first"four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficier.
documentation. Sidewalk repairs must be completed by the City ofMuskegon. Costs incurredfrom repairs done by a private contractor orb.
doing them yourself. will not be reimbursed
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address:
Parcel Number
MAP 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
I AM OPPOSED
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __
•
Address Address
EWSCH JILLEEN K
Thank you for taking your time to vote on this important issue.
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:
IRWIN AVE., PECK TO WOOD
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting IRWIN A VENUE FROM 38' EAST OF THE CENTERLINE OF
PECK TO 234' WEST OF THE CENTERLINE OF WOOD STREET.
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 SEPTEMBER 12, 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 Chatier, 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: September 2, 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
(616) 724-6705 or TDD (616) 724-6773
SPECIAL ASSESSMENT Ji>~C~
1
HEARING REsPoNsE cARo c ·
lfy
st'
P 0
. 6 <a
v~D
To have your vote count, please C;'° rlo
'-7,f,S'
Return This Card By: September 12, 2000 011,.
'ce
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1410 PECK ST
Parcel Number 24-205--276-0001 -00
MAP Number: 24-31-29-301-001
Assessable Frontage: 40.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $690.53
Property Description
VVLY 86 FT LOT 1 BLK 27 6 R&M EXEMPT!ON-95-ROOF-$500 AV.
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
I AM IN FAVOR
[8J
l\(!, tc
----!----+-:............+-....,________,..._ Owner
o l . o l i , I ~ ~.......
Sig nature -~~...,;;-------------....:..---- Signature
I AM OPPOSED
•
Address Address
21
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting hwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of 1/'/ood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 59 IRWINAVE
Parcel Number 24-205-27 5-0001-00
MAP Number: 24-31-29-302-001
Assessable Frontage: 33.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $571.18
Property Description
W 1/2 LOT 1 BLK 275
Your vote COUNTS!
"' in favor or opposed to the Special Assessment Street Paving Project.
Please vote either
Owner
1AM IN FAVOR
Signature ....;;;~l,;,!.~"1,,,/"--------- Signature
1AM OPPOSED
•
. l' · . ·J ·
'fs
11\ll.tl;ljAddress Address
;...u
\.iA.s t<,e 0, (,h'l , .,., .
Thank you for1aking your time to vote on this important issue.
25
REC EI V EI) SPECIAL ASSESSMENT
CITY OF MUSKEGON HEARING RESPONSE CARcR EC EI VE D
SEP 1 '.~ 2000 CITY OF MUSKEGON
To have your vote count, please
n:,.nr""'"" . ·· · SEP 11 2000
f.t-,;GINE[RINo'ttil!i"~ ;This Card By: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Stree[NJINffRING DErr.
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 83 IRWINAVE
Parcel Number 24-205-275-0017-10
MAP Number: 24-31-29-302-004
Assessable Frontage: 33.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $571.18
Property Description
E i/2 OF vV 1i2 LOT 17 BLK 275
Your vote COUNTS!
"'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
Owner C~---
I AM OPPOSED
~· A t,,(
Signature _ _ _ _ _ _ _ _ _ _ __
•
Address
5
Thank you for taking your time to vote on this important issue.
RE CE\\JE.r)
CliY Of MUSKEGON SPECIAL ASSESSMENT
SEP 1 '.: 2000 HEARING RESPONSE CARD
fJ1ij\t\££\\\l\MePufr~lfhisT~;;;~:~u~:;:ec:~n~~ P~~:s;ooo
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
if you wish .to have y-our writts::n vote included as part of the tabulation of votes for..varded 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: 77 IRWINAVE
Parcel Number 24-205-275-0017-00
MAP Number: 24-31-29-302-003
Assessable Frontage: 41.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $707.58
Property Description
'vV 1/2 OF W 1/2 LOT 17 AND E 8 r:T OF LOT 1 BLK 275
. Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
o_wner .
Signature
== ~~~~
,11:~;.:;.:.;:;.:.::;....~~~-"H-,~.,.c;.-·..,.;;~---
Owner
Signature
I AM OPPOSED
•
t): ;9,'4!¢F;p76.-a •s ut:-
Address ~ Address
6
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
iNSTRUCTIONS
If you wish to have your written vote included as part of ihe tabuiation 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 lin.es 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: 181 IRWIN AVE
Parcel Number . 24-205-273-0002-00
MAP Number: 24-31-29-304-003
Assessable Frontage: 53 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $903.65
Property Description
\JV 53 FT LOT 2 BLK 273
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
. I AM IN FAVOR
Owner • / 1 I
~M OPPO~:_s,
. / I
/0/ /(. .-'/ . JJ~__,,y
_ _ _;,..,__ _ __ _ __ __ Owner /, , ,'/1✓-/}.:./' ,·'"' I fJ A ,1_//(
lxf_ 1
•:;,
1 //
· ;
Signature _ __ _ _ _ __ _ _ ___ Signature '.:?-<" .$,/4:;/ ,,-·<,j,~~/>«3~~~✓
Address Address / ;- -·/ J~~-iYe/..J{(A?:;( ,. < __::-~~~ ·-
•.. - . ~ !ES _._.- ~ C )~
J, ~•:::El!~.•1,:,r<;'.:?. LLl)'i'f) L /- 35
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
'f you wish to have your written vote included as part of the tabulntion 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: 171 IRWINAVE
Parcel Number 24-205-273-0003-00
MAP Number: 24-31-29-304-002
Assessable Frontage: 63 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $1,074.15
Property Description
!'J 84 1/? FT LOT 3 BLK 273
. Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
·
I AM IN FAVOR
·· ~ .1 ·\ ...· .• ., • .
UL ,. I;,:k11 i\wn,1 1•1i·t£!
I AM OPPOSED
Owner ( ~G({l\!'IJ)vL~ · !~ ·Hr'IJ(;i.,/'' t' Owner
Signature
~.-..
..,.,,,!'°ti/'.'.·.,,
I '1 ,,•'
./ _ ' ·, 'I, /',-, . - '\
Signature
1
Address It\ . /.dl'UL ; /Vl(i;/L:,91-~.!/&k c'frbi&~~ddress
1 15
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 191 IRWINAVE
Parcel Number 24-205-273-0001-00
IVIAP Number: 24-31-29-304-004
Assessable Frontage: 36.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $622.33
):rooerty_pe§cription
C'C
'--'I- p• 11
•,_! 8. ''.flLJ"'[
L- 1 /
1\1 47 ,FT LOT 1 & E 10 FT OF N 47 FT OF LOT 2 BLK 273
Cit'\( Clerks Otfice
Your vote COUNTS!
• .
"' in favor or opposed to the Special Assessment Street Paving Project.
Please vote either
IAMINFAVOR I AM OPPOSED
Owner
Signature
. Address
~Rw~
'.J~/v't,T 0\2££ CK ( WnT) Jo.j-j NSO 10
rn II~~)
Owner
Signature _ _ _ _ _ _ _ _ _ _ __
Address
43
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: September 12, 2000
F''roject Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
_If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 211 IRWINAVE
Parcel Number 24-205-272-0004-00
MAP Number: 24-31-29-326-001
Assessable Frontage: 65.62 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $1,118.82
Property Description
Citv Clerks Office
LOT 4 BLK 272
Your vote COUNTS!
4'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
Signature
•
_ _,:;::::l'1k!...l.l:'..2..4~2!::!'.l-~'w:::::!!'...:=.- Signature
I AM OPPOSED
Address _..:::a::::::.......J...u......w::::r:.:.u.;11....._ _ _ _ Address
44
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: September 12, 2000
Projeci Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
l.bJSTRUCTIONS
If you v,ish tc, have,your vvrltten vote included as part of the tabulation of votes fonNarded 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: 233 IRWINAVE
Parcel Number 24-205-272-0002-00
MAP Number: 24-31-29-326-003
Assessable Frontage: 55.62 Feet
RE'C/E~V,.
=-H . 11=0,·.
ii-. t1 1
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $948.32
Property Description City Cler/,s
'
Qf1'·
, !Ce
VJ 55 5/8 FT LOT 2 BLK 272
Your vote COUNTS!
" in favor or opposed to the Special Assessment Street Paving Project.
®
Please vote either
I AM IN FAVOR I AM OPPOSED
Owner JA::.l!.l.:!.....>;a.t;;.1....::=....,:.l:.!.,,~...;;:.;..:.i.:,.11;ao~1... Owner
Signature _ Signature
Address - Address
42
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
('·
To have your vote count, please -11i,-
. C;,
0r1,1
Return This Card By: September 12, 2000 .s
0 lt;ce
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
if you \Mish to have ','O'-!r 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: 1377 TERRACE ST
Parcel Number 24-205-266-0007-00
MAP Number: 24-31-29-162-012
Assessable Frontage: 16.67 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $284.22
Property Description
LOT 7 BLK266
Your vote COUNTS!
"'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
18
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
!f'JSTRUCTIONS
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: 286 IRWIN AVE
Parcel Number 24-205-267-0005-10
RECEIVED
MAP Number: 24-31-29-185-010
Assessable Frontage: 39.25 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $669.21
Property Description
ELY 30 FT LOT 5 & THE WLY 3 FT LOT 6 BLK 267
Your vote COUNTS!
.,
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
·']0cl-/;9 /Ci:>
11 1
_
L _/71 ,;' /2~/ {;
Signature
_<,, I '(
Address .:;_)
26
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD Atc·1::1vr::
To have your vote count, please SEp 1 <?ao,?CD
Return This Card By: September 12, 2000 City Ct . ·
. . erks O .
Project Title: Irwin Avenue, Peck Street to Wood Street ff1ce
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forNarded 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: 196 IRWINAVE
Parcel Number 24-205-266-0004-00
MAP Number: 24-31-29-162-008
Assessable Frontage: 76.5 Feet
Estimated Front Foot Cost: $17,05 per Foot
ESTIMATED TOTAL COST $1,304.33
Property Description
LOT 4 BLK266
. Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
I AM IN ~AVOR 'i
Owner
Signature
.K;. .,,-u. ...
r'_.'., _______
...e....·...v-_-_/J.
/1__1c_~c
__. _7_/'_c,_C..
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....~e_·v....,.. Owner
Signature
Address 1' -·:;r;;_, :ri,;_,{,-,; ;,'-'
--------------Address
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24
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes fol'\,varded 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: 341 BAUER AVE
Parcel Number 24-205-270-0002-00
MAP Number: 24-31-29-188-002
'
Assessable Frontage: 37.5 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $639.38
Property Description
I.OT 2 EX S\NLY 3 FT BLK 270
Your vote COUNTS!
,.
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
• Owner
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1396 PINE ST
Parcel Number 24-205-270-0001-00
MAP Number: 24-31-29-188-001
Assessable Frontage: 39.16 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $667.68
Property Description
LOT 1 & SVVLY 3 FT LOT 2 SLI< 270
Your vote COUNTS!
"'
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner •
1AM IN FAVOR
------------- o~-
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature
Owner
I AM OPPOSED
;s:Ak~S
~
~
p~Ue-(2__.....,
.
Address ---,-----------Address :::S'.f .(., £)\.-'.)£ $..-1,
r,1u::;i< i.• 1('N•.:r,1!:;Jj;'"::. STO:\lf ,~O
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: September 12, 2000
Project Title: Irwin Avenue, Peck Street to Wood Street
Project Description: All parcels abutting Irwin Avenue from 38' east of the centerline of
Peck Street to 234' west of the centerline of Wood Street
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 0 IRWINAVE
Parcel Number 24-205-270-0003-00 .
MAP Number: 24-31-29-188-007
Assessable Frontage: 3·,r25 Feet
Estimated Front Foot Cost: $17.05 per Foot
ESTIMATED TOTAL COST $583.96
Property Description
PART OF LOT 3 COM AT SW COR LOT 3 THE ALONG N LINE IRWIN AVE.59.07 FT TH
N TO NLY LINE LOT 3 AT A PT 40.4 FT SLY FROM NE COR LOT'3 TH SWLY TO NW
COR LOT 3 TH SE TO BEG BKL 270
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
1AM IN FAVOR
•
_ _ _ _ _ _ _ _ _ _ _ _ _ Owner
1AM OPPOSED
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature ~~~:;;;:::::;;:;;;=~;::::::;;;::::=:::..-
Address Address
28
Thank you for taking your time to vote on this important issue.
H-1513 IRWIN, PECK TO WOOD
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
total of 44-parcels
FOR" OPPOSE'
FEET PE8~5NTA~E
5 15
6 18
TOTAL ASSESSABLE FRONT FOOTAGE 2653.980 21 24
25 26
FRONT FEET OPPOSED 517.070 19.48% 35
42
RESPONDING FRONT FEET IN FAVOR 149.000 5.61% 43
44
NOT RESPONDING· FRONT FEET IN FAVOR 1987.910 74.90% 29
30
TOTAL FRONT FEET IN FAVOR 2136,910 80.52% 28
* THE RESPONSE CARD NUMBER ON THE LOWER RIGHT CORNER
hearing was on created on September 12 & Sheppard & Seiradsci were appointed.
TABULATED AS OF 09113/00 03:03 PM
BID TABULATION FOR:
H-1513 IRWIN AVENUE- PECK TO WOOD 8/29/00
ENGINEERS ESTIMATE FELCO GRANT TOWER JACKSON-MERKEY K&R LEE'S EXCAVATING NASHVILLE
ITEM DESCRIPTION UANTIT UNIT U. PRICE T. PRICE I u. PRICE T. PRICE U. PRICE T. PRICE U. PRICE T. PRICE U. PRICE T. PRICE U. PRICE T. PRICE U. PRICE T. PRICE
1 ADJUST MANHOLE CASTING 34 EACH $450.DD $15,300.00 $250.00 $8,500.00 $520.00 $17,680.00 $380.DD $12,920.00 $265.00 $9,010.00 $350.00 $11,900.00 $200.00 $6,800.00
2 AGGREGATE BASE COURSE 22A@ 8" COMPACTED 1325 SYD $6.00 $7,950.00 $5.85 $7,751.25 $5.00 $6,625.00 $7.25 $9,606.25 $8.10 $10,732.50 $5.60 $7,420.00 $8.00 $10,600.00
3 BITUMINOUS LEVELING MIXTURE 3B@ 165#/ S YO 703 TON $36.DD $25,308.00 $40.00 $28,120.00 $42.00 $29,526.00 $36.25 $25,483.75 $36.24 $25,476.72 $41.DD $28,823.00 $36.24 $25,476.72
4 BITUMINOUS TOP MIXTURE4B@ 165#/ SYD 703 TON $40.DD $28,120.00 $47.0D $33,041.00 $43.DD $30,229.00 $37.65 $26,467.95 S37.62 $26,446.86 $42.00 $29,526.00 S37.62 $26,446.86
5 BORROW FILL 200 C YD $5.00 $1.000.00 S5.00 $1,000.00 $7.00 $1,400.00 $5.75 $1,150.00 $6.00 $1,200.00 $6.00 $1.200.00 S12.00 $2,400.00
6 CATCH BASIN CASTING E.J. 7045 OR EQUAL 16 EACH $SOD.DD $8,000.00 $400.00 $6,400.00 S220.DO $3,520.00 $490.00 $7,840.00 $468.00 $7,488.00 $375.00 $6,000.00 $450.00 $7,200.00
7 CATCH BASIN CASTIN E.J. 5105 OR EQUAL 1 EACH S500.00 $500.00 $425.00 $425.00 $250.00 $250.00 $490.00 $490.00 $435.00 $435.00 $375.00 $375.00 $400.00 $400.00
8 CATCH BASIN, STANDARD 17 EACH $1,500.00 $25,500.00 $1,100.00 $18,700.00 $1,145.00 $19,465.00 $1,275.00 $21,675.00 $1,290.00 $21,930.00 $1,500.00 $25,500.00 $1,200.00 $20,400.00
9 CEMENT 10 TON $200.00 $2,000.00 $200.00 $2,000.00 $168.00 $1,680.00 $175.00 $1,750.00 $125.00 $1,250.00 $20.00 $200.00 $150.00 $1,500.00
10 COLD MILLING BITUMINOUS, 3" DEEP 24.02 STA $SOD.DD $12,010.00 $480.00 $11,529.60 $440.00 $10,568.80 $545.00 $13,090.90 $390,00 $9,367.80 $420.00 $10,088.40 $437.00 $10,496.74
11 CONCRETE BASE, 8" 279 SYD $30.00 $8,370.00 $48.00 $13,392.00 $32.00 $8,928.00 $25.00 $6,975.00 $28.75 $8,021.25 $31.00 $8,649.00 $28.70 $8,007.30
12 CONCRETE CURB AND GUTTER, F-4 MODIFIED 4596 L FT $9.00 $41,364.00 $9.00 $41,364.00 $9.50 $43,662.00 $8.20 $37,687.20 $11.25 $51,705.00 $12.00 $55,152.00 $7.55 $34,699.80
13 CONCRETE DRIVE APPROACH, 6" 1056 SYD $30.00 $31,680.00 S28.00 $29,568.00 $28.00 $29,568.00 $23.00 $24,288,00 $34.00 $35,904.00 $22.50 $23,760.00 S24.60 $25,977.60
14 CONCRETE SIDEWALK, 4" 3996 S FT $4.50 $17,982.00 $2.95 $11,788.20 $3.00 $11,988.00 $2.00 $7,992.00 $3.00 $11,988.00 $2.50 $9,990.00 $2.30 $9,190.80
15 CONCRETE SIDWALK, 6" 250 S FT $4.75 $1,187.50 $3.75 $937.50 $3.00 $750.00 $2.60 $650.00 $4.00 $1,000.00 $3.00 $750.00 $2.70 $675.00
16 CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL 29 EACH $250.00 $7,250.00 $300.00 $8,700.00 $206.00 $5,974.00 $290.00 $8,410.00 $215.00 $6,235.00 $100.00 $2,900.00 $300.DO SS.700.00
17 CURB STOP W/BOX, 1" MUELLER# 15150 OR EQUAL 23 EACH $220.DD $5,060.00 $275.00 $6,325.00 $280.00 $6,440.00 $270.00 $6,210.00 $215.00 $4,945.00 $450.00 $10,350.00 $150.00 $3,450.00
18 MANHOLE CASTING E.J. # 1000 OR EQUAL 12 EACH $400.00 $4,800.00 $400.00 $4,800.00 $224.00 $2,688.00 $480.00 $5,760.00 $400.00 $4,800.00 $350.00 $4,200.00 $350.00 $4,200.00
19 MANHOLE, STANDARD, 4' I.D., MO' DEEP 1 EACH $1,500.00 $1,500.00 $1,600.00 $1,600.00 $1,577.00 $1,577.00 $1,370.00 $1,370.00 $1,450.00 $1,450.00 $2,500.00 $2,500.00 $1,200.00 $1,200.00
20 METER PIT, COMPLETE 7 EACH $900.DD $6,300.00 $550.00 $3,850.00 $880.00 $6,160.00 $735.00 $5,145.00 $375.00 $2,625.00 $450.00 $3,150.00 $500.00 $3,500.00
21 PAVEMENT PREPARATORY WORK 24.02 STA $200.DD $4,804.00 $300.00 $7,206.00 $246.00 $5,908.92 $110.00 $2,642.20 $210.00 $5,044.20 $230.00 $5,524.60 $300.00 $7,206.00
22 RECONSTRUCT MANHOLE 6 VFT $350.DD $2,100.00 $100.00 $600.00 $640.00 $3,840.00 $445.00 $2,670.00 $325.00 $1,950.00 $60.00 $360.00 $300.00 $1,800.00
23 REDUCER, 2" X 1" BRASS 3 EACH $100.00 $300.00 $50.00 $150.00 $300.00 $900.00 $45.00 $135.00 $115.00 $345.00 S300.DO $900.00 $100.00 $300.00
24 REMOVING CATCH BASIN 15 EACH $450.DD $6,750.00 $500.00 $7,500.00 $650.00 $9,750.00 $520.00 $7,800.00 $388.00 $5,820.00 $1,500.00 $22,500.00 $300.00 $4,500.00
25 REMOVING CONCRETE CURB 10 LFT $12.DO $120.00 $3.00 $30.00 $5.00 $50.00 $7.50 $75.00 $12.00 $120.00 $6.00 $60.00 $15.00 $150.00
26 REMOVING CONCRETE SIDEWALK 4506 S FT $2.DD $9,012.00 $1.98 $8,921.88 $1.00 $4,506.00 $1.05 $4,731.30 $0.75 $3,379.50 $1.30 $5,857.80 $1.00 $4,506.00
27 REMOVING DRIVE APPROACH 1056 SYD $5.00 $5,280.00 $6.00 $6,336.00 $2.00 $2,112.00 $8.75 $9,240.00 $7.00 $7,392.00 $0.60 $633.60 $10.00 $10,560.00
28 REMOVING MANHOLE 6 EACH $500.00 $3,000.00 $700.00 $4,200.00 $500.00 $3,000.00 $660.00 $3,960.00 $465.00 $2,790.00 $1,500.00 $9,000.00 $300.00 $1,800.00
29 REMOVING PAVEMENT INCLUDING CURB 2430 SYD $13.50 $32,805.00 $3.00 $7,290.00 $4.00 $9,720.00 $8.85 $21,505.50 $12.25 $29,767.50 $8.00 $19,440.00 $36.93 $89,739.90
30 STORM SEWER, 12" C-76 Cl II! 614 L FT $28.00 $17,192.00 $22.00 $13,508.00 $32.00 $19,648.00 $26.50 $16,271.00 $43.00 $26,402.00 $20.00 $12,280.00 $32.00 $19,648.00
31 TAP, 2" WITH VALVE 3 EACH $450.00 $1,350.00 $600.00 $1,800.00 $773.00 $2,319.00 $420.00 $1,260.00 $350.00 $1,050.00 $600.00 $1,800.00 $400.00 $1,200.00
32 TERRACE GRADING 2402 L FT $10.00 $24,020.01 I $4.80 $11,529.60 $13.00 $31,226.00 $5.50 $13,211.00 $27.00 $64,854.00 $10.50 $25,221.00 $6.00 $14,412.00
33 TRAFFIC CONTROL 1 LUMP $15,000.00 $15,000.01l $10,300.00 $10,300.00 $13,384.00 $13,384.00 $16,865_00 $16,865.00 $7,700.00 $7,700.00 $7,500.00 $7,500.00 $11,750.00 $11,750.00
34 WATER VALVE BOX, COMPLETE 9 EACH $225.00 $2,025.01 I $300.00 $2,700.00 $550.00 $4,950.00 $390.00 $3,510.00 $250.00 $2,250.00 $150.00 $1,350.00 $300.00 $2,700.00
35 WATER SERV!CE, 1"1YPE "K" COPPER 940 L FT $20.DD $18,800.01 I $20.00 $18,800.00 $20.00 $18,800.00 $16.75 $15,745.00 $14.00 $13,160.00 $30.00 $28,200.00 $16.50 $15,510.00
36 WATER SERV!CE, 2" lYPE "K" COPPER 115 L FT $30.00 $3,450.01 I $30.00 $3,450.00 $42.00 $4,830.00 $23.50 $2,702.50 $19.00 $2,185.00 $35.00 $4,025.00 $20.00 $2,300.00
TOTAL $397,189.51 I I $344,113.03 $373,622.72 $347,284.55 $416,219.33 $387,085.40 $399,402.72
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: September 12, 2000
RE: Public Hearing
Spreading of the Special Assessment Roll
MORTON TORRENT TO BOURDON
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for MORTON
TORRENT TO BOURDON, and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of $35,288.18 will be spread against the Twelve (12) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2000-88( e)
Resolution Confirming Special Assessment Roll
For MORTON BETWEEN TORRENT AND BOURDON
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 8, 2000, 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 MORTON BETWEEN TORRENT AND BOURDON
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Shepherd, Sieradzk i, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
City of M~s1jgon ,
By ~ a. K,_,_,._,L,._r
Gail A. Kundinger, City Cl k
CERTIFICATE
This resoluti9n was adopted at a meeting of the City Commission, held on September 12, 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 September 12, 2000.
By
~ City ofQ z::,r.
Gail A. Kundinger, City C rl
MORTONBETWEENTORRENTANDBOURDON
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 MUSKEGON
B~ ~~
FRED ~ELSEN, MAYOR
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 12 TH DAY OF SEPTEMBER, 2000 THE CITY
COMMISSION ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING
SPECIAL ASSESSMENT B ffiTRIC~ : (<o-U., .
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 SEPTEMBER 2, 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 MUSK.EGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF SEPTEMBER,
2000.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
IJ-t/2 DAY OF 5421:eazbec , 2000.
~ L). ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-ci? 0--- o,;
A\lirmarive Action
616n24-670J
FAX1724-6790 MUSKEGON
Assessor
616n24-67os
FAX1724-6768
Cemetery
616n24-67SJ
September 1, 2000
FAxn22-4188
Civil Service
6I6n24-6716
FAxn24-6790 West ~UcWgan's Shoreline Qty
Clerk
616n24-67os
Property Parcel Number: _ _ _ _ _ at _ _ _ __
FAxn24-6768
Comm. & Neigh.
Services
616/724-6717 NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
FAX1724-6790
Engineering Dear Property Owner:
616n24-6707
FAxn24-6790 The Muskegon City Commission has previously approved the project described below and will now
Finance
consider final confirmation of the special assessment roll:
616/724-6713
FAxn24-6768 Morton Avenue, Torrent Street to Bourdon Street
Fire Dept.
616/724-6792
Public Hearings
FAxn24-6985
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Income Tax.
616/724-6770
September 12, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
FAxn24-6768 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.
Info. Systems
616/724-6975
FAX/724-6768 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
Leisure Service CONFIRMED SEPTEMBER 12, 2000 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
616/724-6704
FAxn24-6790 CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
Manager's Office BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
616/724-6724
FAX/724-6790 BE LOST.
Mayor's Office
616/724-6701
FAxn24-6790
The final projected cost of the street improvement portion of the project is $118,500.00 of which
Neigh. & Const. $35,288.18 (29. 78%) will be paid by special assessment to property owners. If the special assessment is
Services confirmed, your property will be assessed ___ based on _ _ feet assessable front footage at
616/724-6715
FAX/724-6790
$33.40 per assessable foot for the street improvements. In addition, you will be assessed _ _ _ for
driveway approach and/or sidewalk improvements made to your property for a total special assessment
Planning/Zoning cost of___ Following are the terms of the special assessment
616/724-6702
FAxn24-6790
Assessment Period: Ten (10) Years
Police Dept. Interest Rate: 5% per year
6 I6n24-6750 First Installment: _ _
FAX/721-5140
Due Date: November 13, 2000
Public Works
616nl4-4l00
FAxnU-4188
Treasurer
616n24-6720
FAX1724-6768
Water Dept.
616n24-6718
FAxn24-6768
Waler Fillration
6t6n24-4106
FAxnSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 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,
.Jrl,,Jav~ ai3-fl.JJ
Mohammed AI-Shatel, P.E.
City Engineer
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
MORTON TORRENT TO BOURDON
The location of the special assessment district and the properties proposed to be assessed are:
All properties abutting MORTON BETWEEN TORRENT AND BOURDON
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at
the City of Muskegon Commission Chambers on SEPTEMBER 12, 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: SEPTEMBER 2, 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
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:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners 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.
Ayes Nielsen, Schweifler, Shepherd, Sieradzki. Spataro. Aslakson,
Nays._--'-'-'-ll.l.!O.-------------------------
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
EXIHBIT A
Morton Avenue, Torrent Street to Bourdon Street
SPECIAL ASSESSMENT DISTRICT
All properties abutting Morton Avenue from Torrent Street to Bourdon Street
S:IDATAIENG!NEERINGIKIRSCH\2000\H 1218
Morton A venue
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CITY OF MUSKEGON
MORTON AVENUE H-1218
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Nii'te:· Yo,J:ma··'re~ive'ih1'§'1fr'""iication's~'e'tir~wllfi1t11ve.
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Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for the repair/replacement
of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2000
, . ··c;,·,\ , ... ,· ';'-; :fJYc:·- .- , '•>'0:IS_-~;:'i: ·;;-,;:"•41:!l,V'•:;,j,;}J,-:::. · ,.,..•)'.;
65% MEDIAN HOlJSEHOLD:>:;INCOME
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CHART
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FAMILY SIZE INCOME LIMIT
I $22,800
2 26,040
3 29,340
4 32,580
5 35,160
6 37,800
7 40,380
8 43,020
For each extra, add 3,240
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficier
documentation. Sidewalk repairs must be completed by the City ofMuskegon. Costs incurredfrom repairs done by a private contractor orb.
doing them yourself, will not be reimbursed
NAME:
-------'----~--- BIRTHDATE:. -~'-' ~ :·•·,'·-' ·: ·. ·.. ·.:
. '-.~ ·1 .
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 FAMILY,~IZE:.,..;..._ _ _ __
(Are you or your spouse legally handicapped or disabled?) people living in household) (Number of
MONTIIl,Y HOUSEHOLD INCOME: $._ _ _ _ SOURCE: _ _ _ _ __
(Must include all household income)
SOURCE: _ _ _ _ __
SOURCE: _ _ _ _ __
Total: $._ _ __ OTHER: _ _ _ _ __
. -- .. ' -
I .
I . •
OWNERSHIP: ( ) DEED ( ) MORTGAGE ( ) LAND CONTRACT
HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ EXPIRATION DATE:. _ __
PROPERTY TAXES: ( ) Current ( ) Delinquent Year(s) Due (if any) _ _
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OWNER'S SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ Date:_ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
information in this application, and all
information furnished in support of this application, is true and complete to the best of the
Applicant/Owner's knowledge and belief. The property own~s s i ~ will l!e required prior to the application beiq processed
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APPROVED ( ) DENIED ( ) '
DATE·,; ...•. ·•:r.~sUSTRACTNO. _ __
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STAFF SIGN.ATURE _::~___;,-=----'--'---,--=--.:...·..:,,'"..:.;',·TITI,E _ _ _ _ _ _ _ :,ir.o·, ,.- ·. :, ; f
COMMEl'ffS/REMARKS . . .. , .• · ·. -.: ..... ,,......".\. .... ~ .., .. ; ...... ,1, ..
'.
*'ATTENTION APPLICANT** : ', '-"·:;,••·;" •·
Please see reverse side for instructions on providing proof of income; ownership, insurance, and property taxes.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments-Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
H-1218
Morton Avenue, Torrent Street to Bourdon Street
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
24-777-002-0001-00 2209 ESTES ST BOWMAN VICKI H 2209 ESTES MUSKEGON Ml 49441 $2,070.80 $0.00 $2,070.80
24-777-001-0001-00 1761 MORTON A FELLOWS CHAD M 1761 MORTON AVE MUSKEGON Ml 49441 $2,077.48 $801.48 $2,878.96
24-235-002-0017 -00 2192 TORRENTS FURST JOANNA M 2192 TORRENT ST MUSKEGON Ml 49441 $2,084.16 $1.439.94 $3,524.10
24-235-001-0017-00 2192 BLODGETT GAHAN M/DECKER J II 2192 BLODGETT MUSKEGON Ml 49441 $2,070.80 $851.69 $2,922.49
24-295-000-0013-00 2192 ESTES ST MARTINEAU STEVE J 10364 DUTCH SETTLE MARCELLUS Ml 49067 $2,070.80 $831.84 $2,902.64
24-777-003-0030-00 2208 TORRENTS MERCURIO SANDY/BLOD 2208 TORRENT ST MUSKEGON Ml 49441 $2,084.16 $1,089.21 $3,173.37
24-777-003-0001-00 2207 BLODGETT NOSES WILLIAM 2207 BLODGETT ST MUSKEGON Ml 49441 $2,070.80 $1,063.29 $3,134.09
24-235-002-0016-00 2191 BLODGETT ROLLIN JAYNE ET AL 2191 BLODGETT ST MUSKEGON Ml 49441 $2,070.80 $570.00 $2,640.80
24-295-000-0012-00 2191 BOURDON SELBY SCOTT A 2191 BOURDON MUSKEGON Ml 49441 $2,077.48 $612.02 $2,689.50
24-235-001-0016-00 0 ESTES ST SHUNTA DANIEL 2187 ESTES MUSKEGON Ml 49441 $2,070.80 $737.22 $2,808.02
24-777-002-0029-00 2214 BLODGETT SIMON JEFFREY/KOWAL 2214 BLODGETT STR MUSKEGON Ml 49441 $2,070.80 $977.06 $3,047.86
24-777-001-0030-00 2208 ESTES ST WOHLFARD SCOTT A/LIS 2208 ESTES MUSKEGON Ml 49441 $2,070.80 $1,424.75 $3,495.55
----- -
H-1218
Morton Avenue, Torrent Street to Bourdon Street
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ PAVING /SW TOTAL
TOTALS $24,889.68 $35,288.18
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
CLIFF TURNER DIRECTOR, COUNTY EQUALIZATION DATE
SCOTT SEIRADZKI DATE
CLARA SHEPHERD DATE
Date: August 22, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Dangerous Building Ordinance
SUMMARY OF REQUEST: To adopt the ordinance, which is meant to
clean up the dangerous buildings procedure. The procedure has proven
to be somewhat cumbersome and troublesome in circuit court. This will
give us a better chance in circuit court to overcome due process
difficulties.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance.
law offices of PARM ENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fox 231.722.7866 or 728.2206
July 18, 2000
RECEIVED
JUL 1 9 2000
Ms. Gail A. Kundinger
City Clerk City Clerks
City Hall Office
Muskegon,MI49443-0536
Re: Dangerous Building Ordinance
Our File 100-182(18)
Dear Gail:
Enclosed is a proposed Ordinance which is meant to clean up the Dangerous Buildings
procedure. The procedure has proven to be somewhat cumbersome and troublesome in circuit
court. This will give us a better chance in circuit comt to overcome due process difficulties.
This matter has been worked on with Bob Grabinski for several weeks. He has new forms all set
to go if this ordinance is passed. If there are any questions, please let me know.
Very truly yours,
1.Th~
Direct Dial: 231/722-5400
<;f-/~
E-mail: gtj@parmenterlaw.com
GTJ/mmf
Enclosure
cc: Mr. Bryon L. Mazade
Mr. Bob Grabinski
G. Thomas Johnson John C. Schrier Ja mes R. Scheuerle O/Co1111sr./ Reti,rd Poul T. Sorensen
George D. Van Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, Ill Lindo S. Kaore Anna K. Urick Eric J. Fauri Arthur M. Rude George A. Parmenter
Michael L. Rolf Philip M. Steffan Scott R. Sewick 1903-1993
Herold M. Street
George W. Johnson William J. Meier Jennifer L. Hylland Cyrus M. Poppen
W. Brod Groom Jeffery A. Jacobson 1903-1996
•
H:\LIBlEDSl\00100\018218\LTR\071 00
law offices of PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fox 231.722.7866 or 728.2206
August 11, 2000
Mr. Robert B. Grabinski
Inspection Department
City of Muskegon
Muskegon, MI 49440
Dear Bob:
Enclosed please find a copy of the revised ordinance draft and the forms which contain several
revisions. I think these are clearer and should take care of the problem you raised in your voice
mail while I was gone. In essence, we are still starting out with an order to repair or remove.
Only one of the alternatives would be checked. If we deliver an order to repair and they fail to
take out the permits or commence within 30 days we would give them the second notice which is
a notice to go to the building board of appeals for demolition. You see that on the notice of
hearing to the building board of appeals it now provides for the opportunity to repair but the
HBA is in charge.
Then you see that the HBA may either order to demolish or order to demolish with the repair
opportunity. In either case, the only thing that goes to the city commission is a request to
demolish, in the first case after a failure to demolish, in the second case after botching the
opportunity to repair.
The search warrant forms are not changed.
Please let me know if there are any problems. Gail will have this early in the week of August 14
when you are back. I assume she will check with you to see whether you are ready to go to
~ s i o n with the ordinance. The forms don't have to be presented to the commission.
~ry trf ly yours,
G. bon
D' ect Dial: 231/722-5400
-mail: gtj@parmenterlaw.com
GTJ/mmf
Enclosures
c: Gail A. Kundinger (w/o encls) ✓
G. Thomas Johnson John C. Schrier James R. Scheuerle Of Counstl R,1;nd Paul T. Sorensen
George D. Von Epps Christopher L. Kelly Keith l. McEvoy ThomasJ. O'Toole Robert L. Forsythe 1920.1966
John M. Briggs, Ill Linda S. Kaare Anno K. Urick Eric J, Fauri Arthur M. Rude George A Parmenter
Michael L. Rolf Phillp M. Staffon Scott R. Sewlck 1903-1993
Harold M. Street
George W. Johnson William J. Meier Jennifer L. Hyllond Cyrus M. Poppen
Jeffery A. Jacobson 1903-1996
W. Brod Groom
H\J.JBIEOSl\00100\016218\L ffi\081100
low offices of PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231 .722.7866or728.2206
August 11, 2000
Ms. Gail A. Kundinger
City Clerk
City of Muskegon
P.O. Box 536
Muskegon,MI 49443-0536
Dear Gail:
At Bob Grabinski's request I have made changes in the ordinance and the notice of adoption for
the dangerous building ordinance. I would appreciate your substituting these for the ordinance
and n · e previously sent and placing it on the agenda at the appropriate time.
G.T om~ on
Dir ct Dial: 231/722-5400
E ail: gtj@pam1enterlaw.com
GTJ/mmf
c: Robert B. Grabinski (w/encl)
G. Thomos Johnson John C. Schrier James R. Scheuerle O/Co1111scl Retired Paul T. Sorensen
George D. Van Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, Ill Linda S. Kaare Anna K. Urick Arthur M. Rude George A. Parmenter
Eric J. Fauri
Michael L. Rolf Philip M. Staffon Scott R. Sewick 1903-1993
Harold M. Street
George W. Johnson William J . Meier Jennifer L. Hylla nd Cyrus M. Poppen
1903-1996
W. Brad Groom Jeffery A. Jacobson
H:\UB\EOSl\00100\016218\LTR\081 100
CITY OF MUSKEGON
ORDINANCE NO. 2032
An Ordinance amending the City of Muskegon Ordinances concerning procedures in dangerous
building cases.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 4-24 of the Code of Ordinances concerning proceedings, notices and orders in
dangerous building cases is amended in the following respects:
1. Section 4-24(b)(3) is amended to read as follows:
(3) A statement of the action required to be taken as determined by
the building official:
a. If the building official has determined that the building
or structure must be repaired, the order shall require that all
required permits be secured therefor and the work
physically commenced within thirty (30) days from the date
of the order and completed within the time limits of the
building permit, which limits, for dangerous buildings,
shall be determined by the building official, taking into
account the condition of the building or structure, but not to
exceed one year.
b. If the building official has determined that the building
or structure must be vacated, the order shall require such
vacation within a reasonable time certain from the date of
the order.
c. If the building official determines the building must be
demolished (removed) the order shall state the date by
which removal must be accomplished.
2. Section 4-24( c) is amended to read in its entirety as follows:
(c) Noncompliance. Where an order under this section is not complied
within the time specified, the City shall institute proceedings to repair or demolish
(remove) the strncture. Said proceedings shall be as follows:
(1) a hearing before the housing board of appeals shall be
scheduled;
G:ICOMMON\5\GTJ\C-DANGIC-REP-VA.ORD
(2) notice of the said hearing shall be sent by certified mail to all
owners shown on the tax assessment records, the holder of a recorded
mortgage, a tenant under any written lease which has been recorded, any
principal occupant and any owner otherwise known to the City, such as
Land Contract vendors and vendees (all called herein "interested
persons").
The notice shall specify the time and place of the hearing, and
notify all interested persons that they shall have the opportunity to show cause
why the structure should not be demolished or repaired.
The notice shall be mailed at least IO days before the hearing date.
Personal service may be used in lieu of certified mail. In all cases a copy of the
notice shall be posted upon a conspicuous part of the structure and shall constitute
notice to all interested persons.
3. Section 4-25, regarding proceedings before the Housing Board of Appeals and
City Commission shall be amended to read as follows:
Sec. 4-25. Hearings.
The Housing Board of Appeals shall take and record testimony of the
inspection personnel, the owner of the property and any interested party. The
Housing Board of Appeals shall make written findings of fact and conclusions
concerning the applicability of the ordinance and render its decision, either
dismissing the proceedings, ordering the building to be demolished or providing
for an opportunity to repair or demolition.
If it is determined by the Housing Board of Appeals that the building or
structure should be demolished, it shall so order, recommending a time or times
to comply after City Commission final action. The Housing Board of Appeals
may enter a conditional order giving an opportunity to repair, simultaneously
ordering demolition if repairs are not timely accomplished.
A copy of the findings and order of the Housing Board of Appeals shall
forthwith be served on the owner and other interested parties in the manner set
forth in section 4-24.
Following such determination by the Housing Board of Appeals, it shall
file a written report of its findings and its order with the City Commission for the
City of Muskegon and request that the City Commission review and concur with
its decision.
G:ICOMMON\5\GTJ\C-DANG\C-REP-VA.ORD
If demolition is ordered, or if the interested party or parties fail to comply
with the requirements of an Opportunity to Repair, the City shall issue a notice
giving the date and time the matter is to be heard by the City Commission and
serve same on all interested parties at least 10 days prior to the hearing and in the
manner provided in section 4-24.
City Commission Hearing. At the City Commission hearing, the owner
or other interested persons shall be given the opportunity to show cause why the
structure(s) should not be demolished but repaired, and the City Commission shall
either approve, disapprove or modify the order of the Housing Board of Appeals.
After the hearing, the order of the City Commission shall be served on the owner
and all interested parties in the manner provided in section 4-24. The City
Commission may require a deposit of funds adequate for demolition in the event it
allows an interested person to repair, and it may determine and attach any
conditions to the permit. Any permit issued by the City in a dangerous building
case shall be limited in time for completion during a period reasonably determined
by the City, taking into account the condition of the building or structure, but not
to exceed one year.
In the event the owner or other interested parties fail to comply with the
order of the City Commission within the time limited or as conditioned, the City
may cause the building or structure to be demolished or repaired first utilizing any
funds deposited. The cost (in excess of the deposit) of the demolition or repair
shall be collected by the City in the manner following:
An interested party shall be notified of the amount of such costs by first class
mail; if he or she fails to pay within 30 days after the mailing of the notice, the
City may recover the costs from the owner, owners or person interested as a
personal obligation by filing an action for recovery in the courts. The City may
further, or alternatively, add the premises to the next tax roll of the City and
collect the costs in the same manner in all respects as provided by law for the
collection of taxes. Defendants in the personal action, if any, shall receive credit
for all amounts collected through the tax collection procedure, but shall be liable
for any uncollected amounts. In the event the City collects through the personal
action any amount of the costs incurred, the tax lien shall be thus reduced .
(Ord. No. 931, § 1, 6-10-86; Ord. No. 1074, § 1, 5-24-94)
4. Section 4-27 concerning penalties is amended to read as follows:
Sec. 4-27. Rights of action under this article aud penalties for violation.
Any violation of this ordinance concerning dangerous buildings shall
constitute a civil infraction. The foregoing shall not preclude the City from
G:\COMMON\5\GTJ\C-DANGIC-REP-VA.ORD
making application to a court of competent jurisdiction for equitable or injunctive
relief
5. Section 4-28 concerning appeals to Circuit Court is amended to read as follows:
Sec. 4-28. Appeal from City Commission Order; Petition for Writ of
Superintending Control.
An owner or interested person aggrieved by any final decision or order of
the City Commission may appeal the decision or order to the Circuit Court for the
County of Muskegon by filing a petition for an order of superintending control
within 21 days from the date of mailing of the City Commission decision. The
order of the City Commission shall be stayed pending the outcome of all court
proceedings if a petition is timely filed.
This ordinance adopted:
Ayes: _S--'-p-'a"-t---"a_ro"-,'--A_;.s_l--ak-'s'--'o__n_,_,_B_e_n"""e_d_i_ct__,_,_N_i_;.e_ls--e_n.....,_,_S_ch_w_e_i_f_l_er__,_,_S_h_e_,_ph_e_r_d_ _
Nays:__S_ie_r_a_d_z_k_i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __
Adoption Date: __
9_-1_2_-_0_0_ _ __ _ __
Effective Date: 9-29-00
-----------
First Reading: __8_-_2_2---_o_o_ _ _ _ _ __
Second Reading: _9-_1_2_-_oo_ _ _ _ _ __
CITY OF MUSKE~
By: LG. ~
Gail A. Kundinger, CityClerk
CERTIFICATE
This ordinance was adopted at a meeting of the City Commission, held on
12th of September , 20__lliL_. 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 MUSKEG~N/
By: L
Gail A,Kundinger, City Clerk
Q,--K,_,_.__~d,;_,
Publish: Notice of Adoption to be published once within 10 days of final adoption.
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.ORD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that on September 12 , 20_QQ_, the City
Commission of the City of Muskegon passed an ordinance amending the Dangerous Building
Code of the City. The amendments are procedural in nature and are summarized as follows:
1. Sec. 4-24(b)(3). This section, concerning permits issued if a dangerous building
is ordered repaired, now limits the time a building permit for a dangerous building will be valid
to one year or such shorter time the building official deems reasonable, considering the condition
of the building.
2. Sec. 4-24(c). The procedure, including notice before the Housing Board of
Appeals, provides a hearing before the Housing Board of Appeals in the event of the failure to
comply with repair or demolition orders of the City. There are provisions regarding notice and
the interested persons to whom notice must be sent.
3. Sec. 4-25. Hearing, testimony, appeal, etc. The procedures after the Housing
Board of Appeals hearing are simplified. The ordinance provides that after decision of the
Housing Board of Appeals, its order and decision shall be placed before the City Commission
with notice to interested persons. The City Commission may concur in the Housing Board of
Appeals' decision, disapprove, or modify the decision.
There is a provision for filing a petition for an order of superintending control
before the circuit court by an interested person aggrieved by the City Commission's final
decision. Upon filing any such petition, any City order regarding demolition is stayed.
Full copies of the said ordinance amendments are on file and 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.
CITY OF MUSKEGON
Published _S_e~p_t_e_m_b_er_·l_9_, 2000 By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE.
G:\COMMON\5\GTJ\C-DANG\C-REP-VAORD
TABLE OF CONTENTS
1. Ordinance Amendment
2. Notice/Order from Inspector
3. HBA Notice of Hearing
4. HBA Order to Demolish
5. HBA Order to Repair or Demolish
6. Notice of Hearing before City Commission if Repair Not Accomplished
7. City Commission Determination and Notice (where concurs with demolition)
G.ICOMMON\5\GT Ni-27 .MMF
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
Address of the Property:
Muskegon, Michigan
Description of the Structure:
TO:
[Name of Owner]
[Address of Owner)
[Names of Other Interested Parties] [Addresses]
The Building Inspection Department of the City of Muskegon has determined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of
the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the demolition
and removal of the said structure unless you accomplish the actions indicated below within the
time limits indicated (only one to be checked):
I. Obtain the issuance of all permits required to accomplish the repair of the
structure defects listed in the attached schedule within 30 days of this
notice. All repairs shall be accomplished within the times set forth in the
permits. All work must be physically commenced within 30 days of the
date of this notice.
2. Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof within
60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
G:ICOMMON\5\GTJ\C-DANGIC-REP-VA.NOT
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with the above, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the
purpose of enforcing this notice and order and instituting City action to remove the structure.
You will receive notice of that hearing. You may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire. You will have
the opportunity to show cause why the structure shall not be ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Position
Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at _ _ _ _ _ _ _ _ _ _ ___,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
CITY OF MUSKEGON INSPECTION DEPARTMENT
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ c _ _
Position
Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Detailed records of inspections are attached for further information.)
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.NOT
AFFIDAVIT OF MAILING AND POSTING
STATE OF MICHIGAN
COUNTY OF MUSKEGON
_ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she mailed the Notice and Order to
Repair or Demolish, dated , 20_ _, the structure at _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ , Muskegon, Michigan, to the following persons by certified mail, addressed to
each of them at their last known address or the address shown on tax records. The said mailing occurred on
- - - - - - - - - - ' 20_~•
TO:
[Name of Owner]
[Address of Owner]
[Names of Other Interested Parties] [Addresses]
The undersigned further states that the structure at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Muskegon, Michigan, was posted with a copy of the said notice on _ _ _ _ _ _ _ _ _ _ _ _ , 20 _ _ .
Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ , 20__ .
Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __
G:\COMMON\5\GTJ\C-DANG\C-REP-VANOT
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Address of the Property:
Muskegon, Michigan
Description of the Structure:
TO:
[Name of Owner]
[Address of Owner]
[Names of Other Interested Parties] [Addresses]
Please take notice that on _ _ _ _ _ _ _ _ _ , 20__, the City of Muskegon
Housing Board of Appeals will hold a hearing at _ _ _ _ _ _ _ _ _ _ _ at _ _ _ __
o'clock p.m, and at the said hearing consider whether or not the following structure should be
detem1ined to be dangerous and demolished, or demolished after an oppmiunity to repair.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on _ _ _ _ _ _ _ _ _ _ _ _, 20_ _ .
At the hearing on _ _ _ _ _ _ _ _ _ _ _ , 20 _ _ , at _ _ o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if
you desire, to show cause why the structure should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSING BOARD OF APPEALS
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Position
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.NO2
AFFIDAVIT OF SERVICE OR MAILING OF
NOTICE OF HEARING BEFORE THE HOUSING BOARD OF APPEALS
STATE OF MICHIGAN
COUNTY OF MUSKEGON
_ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or mailed
by certified mail a copy of the above Notice of Hearing before the Housing Board of Appeals
the owners and interested parties set forth in the notice, the said notice dated _ _ _ _ _ _ __
_ , 20_, by certified mail. The date of mailing was _ _ _ _ _ _ _ _ , 20__ . The
date of personal service (if any) w a s - - - - - - - - - ~ 20__ . Personal service was
made on the following persons:
Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ , 20__ .
Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __
G:\COMMON\5\GTJIC-DANGIC-REP-VA.N02
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on _ _ _ _ _ _ _ _ _ _ _ , 20_, does hereby order that the following
structure(s) located at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon the evidence
before the Board of Appeals, to be dangerous, substandard and a public nuisance.
[Description of the structure(s)]
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is made, by
the City Commission. Demolition shall be accomplished no later than 60 days after a
concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director of Inspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission ha~
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
FOR THE HOUSING BOARD OF APPEALS:
[Chairperson] or [Member]
Dated: _ _ _ _ _ _ _ _ _ _ _ _ , 2000
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N03 -I-
NOTICE OF HEARING BEFORE THE CITY COMMISSION
TO: All owners and interested parties:
[Name of Owner]
[Address of Owner]
[Names of Other Interested Parties] [Addresses]
The City Commission will hold a hearing on _ _ _ _ _ _ _ _ _ , 20__ , to
consider the above decision of the Housing Board of Appeals. You may appear at the hearing on
_ _ _ _ _ _ _ _ _ _ _ , 20_, at _ _ _ _ p.m., at the Muskegon City Hall,
933 Tenace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant
evidence and arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
FOR THE HOUSING BOARD OF APPEALS
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Position
Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2000
G:ICOMMON\5\GTJ\C-DANG\C-REP-VA.N03 - 2-
AFFIDAVIT OF SERVICE OR MAILING
STATE OF MICHIGAN
COUNTY OF MUSKEGON
_ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or mailed
by certified mail a copy of the attached order for demolition entered by the Housing Board of
Appeals with notice of City Commission hearing to the owners and interested parties set forth in
the order, the said order dated _ _ _ _ _ _ _ _ _ , 20_, by certified mail. The date of
mailing was _ _ _ _ _ _ _ _, 20__ . The date of personal service (if any) was
_ _ _ _ _ _ _ _ _ _, 20__ . Personal service was made on the following persons:
Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ _, 20
Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N03
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO REPAIR OR DEMOLISH
Address of the Property:
Muskegon, Michigan
Description of the Structure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TO:
[Name of Owner]
[Address of Owner]
[Names of Other Interested Parties] [Addresses]
OPPORTUNITY TO REP AIR
The Housing Board of Appeals of the City of Muskegon has found that the abov~
structures are dangerous or substandard buildings and a public nuisance. However, it is
determined that the buildings are repairable, provided that permits are applied for and repairs
performed in a timely fashion. Therefore, it is ordered that the owner or interested parties shall
apply for all permits required to accomplish the repairs of the conditions found in the schedule
and record attached to this order within 30 days from the date of this order. All repairs shall be
accomplished in the time limited by the permits issued relevant to the said repairs, and physical
repair must be commenced within the said 30 days.
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N04 -I-
AFFIDAVIT OF SERVICE OR MAILING
ORDER TO REP AIR OR DEMOLISH
STATE OF MICHIGAN
COUNTY OF MUSKEGON
_ _ _ _ _ _ _ _ _ _ _ _ _ being duly sworn states that he/she delivered or
mailed by certified mail a copy of the attached Order to Repair or Demolish entered by the
Housing Board of Appeals to the owners and interested parties set forth in the order, the said
order dated _ _ _ _ _ _ _ _ _ _ , 20__ , by certified mail. The date of mailing was
_ _ _ _ _ _ _ _ _ _ _ , 20_, The date of personal service (if any) was
-----------
, 20__ . Personal service was made on the following persons:
Subscribed and sworn to before me this
_ _ _ day of _ _ _ _ _ _ _ , 20
Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __
G:\COMMON\5\GTJ\C-DANG\C-REP-VA.N04
FAILURE TO COMPLY -DEMOLITION ORDER
TO BE SUBMITTED TO THE CITY COMMISSION
In the event the owners or interested parties fail to apply for all permits required to
effectuate the said repairs or fail to commence physical repair within 30 days, then the above
order of the Housing Board of Appeals shall constitute an order to demolish the said structure.
In such case, the Director oflnspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City Commission
with the decision of this board for demolition, and, further, to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission.
CITY OF MUSKEGON
HOUSING BOARD OF APPEALS
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ ,Its _ _ _ _ _ __
Position
Dated: _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 20_
G:\COMMON\5\GTJIC-DANG\C-REP-VA.N04 • 2-
CITY OF MUSKEGON
NOTICE OF HEARING BEFORE THE CITY COMMISSION
AFTER FAILURE TO COMPLY WITH OPPORTUNITY TO REPAIR,
AND SEEKING DEMOLITION AND REMOVAL
Address of the Property:
Muskegon, Michigan
Description of the Structure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TO:
[Name of Owner]
[Address of Owner]
[Names of Other Interested Parties] [Addresses]
On _ _ _ _ _ _ _ _ _ , 20__ , the Housing Board of Appeals ordered an
Opportunity to Repair the above structure, which required the issuance of appropriate permits
within 30 days of that order and the commencement of physical repair within the said 30 days.
You have not satisfied the requirements for repair set forth in the Order of the Housing
Board of Appeals; therefore, the order of the Housing Board of Appeals constitutes an order to
demolish and remove the structure(s). You are hereby notified that on _ _ _ _ _ _ _ _ _,
20_, at _ _ o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, the City Commission will hold a hearing to determine whether to concur with the
Housing Board of Appeals decision to demolish and remove the structure. You may appear at
that time to show cause why the structure should not be demolished. You are entitled to have
counsel of your choice present, if you desire. City Commission may concur in demolition, or
disapprove or modify the Housing Board of Appeals decision.
CITY OF MUSKEGON INSPECTION DEPARTMENT
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ ,Its _ _ _ _ __
G:ICOMMON\5\GT J\C-DANGIC-REP-VA.N05
NOTICE OF CITY COMMISSION DETERMINATION
Address of the Property:
Muskegon, Michigan
Description of the Structure:
TO:
[Name of Owner]
(Address of Owner]
[Names of Other Interested Parties] [Addresses]
Please take notice that on _ _ _ _ _ _ _ _ _ _ , 20__ , the City Commission
determined to concur with the order of the Housing Board of Appeals to demolish the above
stmcture. You are hereby notified that, unless you obtain the issuance of the appropriate
demolition permit and demolish the structure within 30 days, the City shall enter upon the
property and demolish the said structure.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the date of mailing of this notice.
CITY OF MUSKEGON INSPECTION DEPARTMENT
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Position
G:\COMMON\5\GTJ\C-OANG\C-REP-VA.N06
AFFIDAVIT OF MAILING
_ _ _ _ _ _ _ _ _ _ _ _ _ , being duly sworn states that he/she mailed the
above notice to the persons named therein at their last known addresses by certified mail. The
said notice was deposited in the United States mail, postage prepaid, on
- - - - - - - - - - - - ' 20__ .
Subscribed and sworn to before me this
____ day of _ _ _ _ _ _ _ _, 20__
Notary Public, Muskegon County, Michigan
My commission expires: _ _ _ _ _ _ __
G:\COMMON\5\GT J\C-DANG\C-REP-VA.N06
Date: July 26, 2000
To: Honorable Mayor and City Commissioners
From: Ric Scott ;fi;:ff
RE: Lighthouse Park
SUMMARY OF REQUEST:
The Beachwood/B1ufton Neighborhood Association has
requested that the property within Pere Marquette that
is across from E11iot Park be named Lighthouse Park with
appropriate signage
FINANCIAL IMPACT:
/
None, except the cost of the sign
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Leisure Services Board Recommends approva1
Aflinua1i,·c .--\ction
23 1/7 2-1-6 7 03
F .-\ \/722-1 2 1-1
, \ .._~t·S~UI'
23 I /72-l-670R
F.-\ \/72/,-5 18 1
Ct' l11l'lt.."ry
23 I /7H-6 ?X3
F.-\ \ /72<,-% 17
C h·il St·rvicc
2J 1/72•1-(,7 I 6
F.-\\/72-1- HOS W~t Michigan's Shol'elh1e City
Clerk
2J 1/7 2-1-6711,
F.-\\/?H--11 78
Date : July 26, 2000
lJ 1/72-1 -6 7 17
To: Honor able ~Y'ff' _a~~nd Cit y Commi ssione r s
F..\\ /7 2<,-2501
Fr om : Ric Scott f/f/7;Y/7
E11 ~int·i:1·ing.
2J 1/72-1 -6 70 7 Re : Lighthouse Par k
F .-\X /727-690-1
The Beachwood/Blufton Neighborhood Association has
Fi11:1nn·
2J 1/72-1-6 7 IJ
requested that the property across from Elliot Park,
F.-\ \ /7H-67(,8 which is within Pere Marquette Park, be name d Lighthouse
Fin· Dcpl. Park. A copy of their l e tter is attache d.
13 1/72 -1-67 92
F. \X /72-1-6'!85 At their meeting on July 17, 2000, the Le isure Ser vices
l n t ollll' Ta~
Board r ecommended approval of the request.
231 /7 2-1-6 770
F.-\ X/72-1-67 (,8 This property is currently overgrown and not used,
Info. Sys h.• ms
except that a lift station is located on it . Staff
23 I /72 -1 -6 7 -1-1 would recommend approval of the request. Cur rent City
F. \ \/722--13111
policy requires that the City Commission approve the
Ll·is11 rt• ServiCl' naming of any park.
23 1/7 H -<, 7 0-1
f-.-\ \/72 -1 - 1 I% Thank you for your consideration.
.\ l:111:i~l' r ',,; Offitl'
2 31 /7 24-(,7 24
F.-\ \ / 722- 12 1-1
.\ la.\'o r 's Oflirc
23 I /72-1-6 711 1
F. \ \/72 2- 12 1-I
~ t•igh. ,._'\: Const.
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F. \ \/72 -1-67'!11
Polin• lh •pl.
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F.-\\ /722-'1 -Ill
l'uh lic \\ o rk s
23 l/7H--1 I 110
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Tn•as11n·r
23 1/72-1-6 720
h\X/72-1-67 68
\\'a tl•r Billini!, Dq1L
23 1/72-1-67 18
FA\ /72-1-6 768
\\ ;1tt· r Filtration
2.l 1/72-1 --1 1116
r-.-\ \ /75 5-52911
C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon , MI 49443-0536
<'The 1?:,eachwooc//1?:,(uffton 2261 Surfwood Drive
Muskegon, Ml 49441
Neiqhhorhool1/ssociafion Phone (231) 759-0551
June 26, 2000
Mr. Ric. Scott, Leisure Services Director
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Dear Mr. Scott,
The Beachwood/Bluffion Neighborhood Association is requesting a park sign for the area
bounded by Beach Street on the West, Fulton Street on the North, Nelson Street on the
East, and Sand Alley on the South.
We have researched the history of the site and determined that the first lighthouse and
lighthouse tender's house were located on this property. We would therefore suggest it be
named "Lighthouse Park" to commemorate its historic significance to Muskegon and the
neighborhood. We believe a sign will also generate interest. We are suggesting the sign
be similar in size and character the "Margaret Drake Elliot Park" sign.
The Neighborhood Association is currently working the city staff to adopt this portion of
Pere Marquette Park as a neighborhood project. Jon Colburn, the City's Horticulturalist,
is working with us to plan and develop this historic site. It is the Association's intent to
develop it as a natural/quiet site with birdhouses, benches, natural vegetation and some
pathways ... a place where citizens can come to reflect, observe, and enjoy.
We hope to begin our work this summer with cleaning and removing undesirable
vegetation as determined appropriate in the opinion of Mr. Colburn in consultation with
the neighborhood.
Thank you for your interest and consideration of our request.
Sincerely, •
d&-Jco-~ &l~jlcvu 7(-. ~?
Beachwood/Bluffion Neighborhood Association
AGENDA ITEM NO.
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commissioners
FROM: Tony Kleibecker, Chief of Police
DATE: September 1, 2000
SUBJECT: FY 2000 Local Law Enforcement Block Grant
SUMMARY OF REQUEST:
Staff requests that the City Manager be authorized to negotiate
an agreement with the County of Muskegon due to a Disparate Funding
Certification and then submit the FY 2000 Local Law Enforcement Grant
Application in the amount of up to$ 137,311. This grant requires
local cash match up to$ 15,257. This would be the amount of match
assuming no sharing with the County of Muskegon. The funds must be
used for law enforcement purposes and may be used for personnel or
equipment. The exact amount to be placed in each category has not yet
been determined. The grant requires the establishment of an Advisory
Board to make recommendations prior to the grant funds being released.
However, it would be our intent to continue the funding of an
information systems person as well as a record's division person that
we began funding under a previous block grant. We would be looking at
using the remainder of the funds for much needed equipment due to our
increased staffing.
The exact amount the City of Muskegon would receive and the
corresponding match will not be known until negotiations with the
County are finalized. However, due to the entire system being online,
the Bureau of Justice Assistance is only allowing 30 days from the
time of the grant announcement until all negotiations, hearing and
application are completed. Therefore, staff is asking for Commission
Approval at this time.
FINANCIAL IMPACT:
$137,3llmaximum to be received from the U.S. Dept.of Justice
$15,257 maximum required as a local cash match and must be
placed in the same trust account as the federal grant
funds.
Note that the grant covers a 2-year period.
BUDGET ACTION REQUIRED:
A local cash match is required. If there were no sharing with
the County the total match would be $15,257. If there is sharing with
the County of Muskegon, our required cash match would go down. This
is a 10% cash match. These funds must be placed in the same interest
bearing account as the federal grant funds and all interest earned
must be spent on items allowable under the grant.
STAFF RECOMMENDATION:
Staff recommends authorizing the City Manager to negotiate an
agreement with the County Administrator and to then submit the FY 2000
Local Law Enforcement Block Grant Application.
COMMITTEE RECOMMENDATION:
Date: August31,2000
To: Honorable Mayor and City Commissioners
From: Ric S c o t t ~ #
RE: Walker Arena Compressors
SUMMARY OF REQUEST:
To authorize the expenditure of up to $20,000 for
repairs to the Arena compressors
FINANCIAL IMPACT:
Not to exceed $20,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
.-\ ffi rmali\'l' ..-\rlion
23 I /724-(, 703
F.-\.:'l:/722- 12 14
.\.sq•.s~or
2J I/724-6708
F,\X/72 6-518 1
CL'IIH'll'r~
23 1/724-6783
F.-\ X/71/,-561 7
Ci,·il Sl'l'\'iCl'
231/724-67 16
F,\X/7H-44U5 West Michigan's Shoreline City
Clerk
231/72-4-67115
F.\ .\ /72.J . .j 178
Date: August 31, 2000
2Jl/7H-67 17
To: Honorable M;~ ~~d City Commissioners
F. \ \ /726-250 I
From: Ric Scott / ~
Engi 11cL·ri11 g
2J 1/7H-6707 Re: Walker Arena Compressors
F. \ \/72 7-69114
There have been problems with the compressors at Walker
1:in:111n•
23 1/7 2-4-(,713
Arena since shortly after they were installed. Over the
F.-\ \ /72-4-6768 last year it has been discovered that they were never
Fi rl' Uq1t.
assembled correctly, and therefore, never operated
2J 1/724-6792 properly. We have started the legal proceedings against
F.\ \/72 4-(,985
the installer.
l111.:0111l' Ta~
lJ 1/724-677() In the meantime, we need to open two of the three
F,\ \ /724-6768
compressors to determine if there are any problems with
lufo. Sy!)l rms them. The company currently performing the maintenance
2.1 1/724-6744
F.\X/722 -.JJIII on the machines, who also discovered the problems, are
very sure that at least one compression spring needs to
Ll'is11 r c Scr\'itl'
2J 1/724-6704 be replaced.
FAX/724- 11%
The total estimated cost if everything needed to be
.\1:111.tj!l·r\ O ffi cl·
23 1/724-6724 fixed would not exceed $20,000 . The money to pay this
I· \\ /722- 12 14 bill would come from litigation. I have enclosed a copy
:\ layor':,. Uffirc of Tom Johnson's letter recommending that we do this
2.11/72-1-(,7111
F.-\\ /722- 1214
work.
I would recommend that you authorize staff to proceed
Sl•r vicc., with this work.
231/724-6 715
I·.\ \/726-25111
Thank you for your consideration.
Plan 11 i11:,:/7.0 11i11g
23 1/724-(,7112
FA.\/72-4-67911
Polin llcpl.
2J 1/72.J-(, 7511
F..\.\/722-51 411
Public \Vorks
2J 1/724-41 11(1
F:\\/722-4188
·1·n ·a~urcr
231 /72-4-6 7211
F,\\/7H-(,768
\\'.ikr Hillin~ Dept.
23 l/72H , 7 18
L\\/724-67(,X
\\'atl• r Filtrnlio11
23 1/724-4111(,
F.-\.\/755-52911
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
[ill 002/f)02
18:19 FAX 616 728 2206 PARl!E~TER OTOOLE
li I)()
_____ /ar,1 offi,:,,.s of PARMENTER O'TOOLE
'-~-~--~-------'~-...-'~---'---=--=---
175 W. Api,ls A.venue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phon• 231.7121621 • Fax 231.722.7866 or /28.1206
Fax 722 1214; 7241196
August 21, 2000
Mr. Bryon Mazade Re: Arena Compressor claim v. Rink Systems ~t al.
Mr. Ric Scott
City of Muskegon
Dear Bryon and Ric,
ln reviewing for litigation to recover the cost of repairs to the compressors at the arena, I
recommend that you. consider performing the repairs, so that as we sue for the cost, we will have
a figure for the repair expenses to sue for. This saves expense and time in litigation, since we
will have a reliable money amo\!nt we actually spent, and not have to rely on estimates and
educated guesses.
The estimate by Hurst, which RCI agrees to, is $8,424.00 per machine, plus the work (apparently
nominal), to connect the piping, which has been installed ready for further connection. These
estimates, and the news abom the pipe connections, are according to Neil Hawryliw. I do not
know the dates of the estimates. If the commission were to authorize up to $20,000.00 for this,
hopefully it could be timely completed.
We would proceed to sue for the actual repairs to date, and the new repairs above, together for
the loss ir1 extra electric costs estimated by the engineer from Hooker Delong.
While it is better to ,tart suit after the repairs are completed, we can start before. lf it is possible
to do them now, however, we should do that.
/
C. lhomo, Johr1~cm John C. s~hrior Jamri~ R. Scheue,l,;- Oj'(,'flflrml Rf.!ittd Paul T. Sorcm~e-n
Georae 0. V,rn t>'P3 Chri~tt,lph1u L Kelly K,i~h L Mc:Evqy Thom-is J. O'Took f<Qbtirt L Foaythe l!lZ0-1966
John M, lkigg~, 111 ~Inda S. Krior~ Anno K. l)ri~k ~ric J. Fcrnri Arth~r M, Rude George A.. ?urmMt!#r
Michai,I ~. f\9lf i:,t-,ilij.) ~. 5to!f<':ln ScQtt P. Stwitit 190}- l!ilS!J
H,;,irold M, Streer
~riQrvo W. Jotln~ofl 'Nif!it\l'l'r J. Mc11Jr J&Miffr t HylJond c;yrus M. P<;ppen
l90l•l'96
W. lkod Groom ,riffcry A Jo~t>b50;7 1
Commission Meeting Date: September 12, 2000
Date: September 7, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c,f/--
RE: Whittaker Electric Renaissance Zone Expansion - Parker Plastics
SUMMARY OF REQUEST:
Pursuant to P.A. 376 of 1996, as amended, Parker Plastics is requesting the approval of the
attached resolution expanding the Whittaker Electric Renaissance Zone to incorporate a portion
of the former Federal Mogul (Piston Ring) facility located on Laketon Avenue near Fairview
Street. (see attached map). The proposed project will create 52 new permanent full-time jobs
and result in the investment of $2 million in equipment and machinery as well as more than
$440,000 in improvements to the site and buildings. This request will utilize approximately
$1,430 of the City Revenue Investment Cap for the Renaissance Zone program.
FINANCIAL IMPACT:
Certain real and personal property taxes will be exempt from collection for a period of 14 years
beginning January 1, 2001. Additional income taxes will be collected as a result of this project.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution upon condition that Parker Plastics posts a performance
bond equal to the amount of local taxes to be exempted over a period of 14 years (see attached
development agreement).
COMMITTEE RECOMMENDATION:
None
917/2000 1
Resolution No. 2000-90 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING EXPANSION OF WHITTAKER ELECTRIC
RENAISSANCE ZONE
WHEREAS, pursuant to Public Act 376 of 1996, as amended, existing Round II
Renaissance Zones have been enabled to modify existing and create new sub-
zones (up to 10); and
WHEREAS, the City of Muskegon is committed to the economic growth and well being of
its residents; and
WHEREAS, the City of Muskegon is in agreement with the concepts of Renaissance
Zones and desires to utilize such zones for the revitalization of certain areas within
the City and
WHEREAS, the City of Muskegon has adopted a policy governing the expansion of
existing and the creation of new sub-zones; and
WHEREAS, Parker Plastics, LLC, has entered into a development agreement with the City
of Muskegon governing the expansion of the Whittaker Electric Renaissance Zone;
and
WHEREAS, the City of Muskegon wishes to amend the boundaries of the Whittaker
Electric Sub-Zone to include the property commonly known as the Federal-Mogul
property to wit:
All of Block One of Dennis Smith and Company's Second Addition to the
City of Muskegon according to the recorded plat thereof, together with the
vacated alley 16 ft in width contiguous to said block 1 on the Swly side
thereof and lying between said block 1 and the G.R. and I. Railroad R-0-W
Also, Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 of Block 2 of the
Dennis Smith and Company's Second Addition to the City of Muskegon
according to the recorded plat thereof together with that portion of the
vacated alley running North and South through said Block 2 lying S of the N
line of Lot 4 extended Ely to meet the N line of Lot 17 also the vacated
portion of Fairview Street lying S of the N line of Lot 8 Block 1, if extended
Ely across Fariview Street to meet the N line of Lot 4 Block 2 of Dennis
Smith and Company's Second Addition to the City of Muskegon and lying N
of Alpha Avenue, also vacated portion of Alpha Avenue lying W of the E line
of Lot 11 Block 2 of Dennis Smith and Company's Second Addition to the
City of Muskegon and lying E of the G.R. and I. Railroad R-O-W
And
9/5/00 2
Lot 1, 2, and the W 123. 08 feet of the N 19.41 feet of Lot 3 Block 8 of Erwin
and Keating's Addition to the City of Muskegon according to the recorded
plat thereof together with the vacated alley 16 feet in width adjacent thereto
contiguous to said Block 8 on the Swly side thereof and lying between said
Block 8 and the G.R. & I. Railroad R-O-W Except that part contained in the
following desc: commence at the NE corner of Lot 1 Block 9 Erwin and
Keating Addition to the City of Muskegon for POB, thence N 02 degrees 04
Min 00 Sec W along W line of Sixth Street 457.46 ft to the N face of a brick
wall, thence S 86 degrees 02 min 35 sec W 147.02 ft. along said brick wall,
thence S 1 degrees 58 min 40 sec E 140. 37 feet along W face of a brick
wall, thence S 87 degrees 57 mins 20 sec W 17. 87 feet along a brick wall,
thence S 02 degrees 00 min 00 sec E along W face of a brick wall a
distance of 168. 77 feet, thence S 88 degrees 07 min 10 sec W 123. 08 feet
to Wly line of a 16 foot vacated alley, said line also being Ely line of Block G
of Erwin & Keating's Addition, thence Sely along said line on the arc of a
1362. 97 foot radius curve to the left a distance of 328. 17 feet (central angle
of said curve is 13 degrees 47 min 44 sec and the long chord bears S 47
degrees 37 min 10 sec E 327,33 ft), thence N 32 degrees 15 min 55 sec E
97.05 feet to POB.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission hereby
approves the amendment of the Whittaker Electric Zone to include property
commonly known as the Federal-Mogul Property.
BE IT FURTHER RESOLVED, that the Muskegon City Commission, in accordance with
P.A. 376 of 1996, as amended, consents to the exemption of all taxes levied
against all property located within or persons residing within the Federal-Mogul
property and is aware that the following estimated property tax revenue forfeiture
will result by placing said property in a Renaissance Zone during the first full year of
operation.
1) City of Muskegon: $1,429
2) Muskegon County: $1,273
3) Muskegon Community College: $318
4) Muskegon Area ISD: $399
5) Muskegon Public Schools: $4526
6) State School Aid Millage: $849
7) Total of All Jurisdictions: $8794
Adopted this 12th day of September 2000.
9/5/00 3
AYES: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, As l akson,
Benedict
NAYS: None
ABSENT: None
BY:
ATTEST:
Gail Kundinger, Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on September 12, 2000.
Gail Kundinger, Clerk
9/5/00 4
~~l
Laketon Avenue· -
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Brunswick Corp.
St. Mary's Cemetery
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1Parker
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~ Plastics
Parker Pb.sties, LLC • 80 I W. Norton • Muskegon, Ml 49+4 I
616.8-42.9336 • Fu 616.8'12.9337 • parkerplut1csnc.com
August 14, 2000
Matthew Dugener, Business Development Specialist
Planning & Economic Development Department
933 Terrace Street
Muskegon, MI 49440
Re: Green Mountain Plastics L.L.C. Renaissance Zone - Parker Plastics L.L.C.
Dear Mr. Dugener:
Thank you for your recent visit to our proposed Renaissance Zone property commonly referred
to as the "Federal Mogul Building". As we showed you, our project should meet all of the City
of Muskegon's requirements for Renaissance Zone approval. We are anticipating a long and
successful relationship with the City of Muskegon.
Parker Plastics L.L.C. ("Parker") has a patented process to recycle plastic waste into secondary
resource material for existing companies. Our current products are cornerguard for the
packaging industry and steel coil separators. The state-of-the-art technology allows us to process
tons of plastic that would otherwise be disposed of in the state landfills. Parker is currently
processing 250,000 pounds of plastic per week.
To expand, Parker needs 100,000 square feet of manufacturing space and an additional 70,000
square feet of storage in the second phase of development. The Federal Mogul building meets
all current needs of expansion. There are no existing Renaissance Zone properties available for
this size of an operation.
There are two parcels being requested for Renaissance Zone approval: 1839 Sixth Street (Federal
Mogul building) and 1713 Seventh Street (Howmett/Misco building). The Stat~ •.Equalized
Values of the two properties currently are $145,800 and $64,900 respectively. ' '.:<\c;\:C,
,..
Parker proposes to bring state-of-the-art plastic manufacturing to the facility, usi~g'ext~sig!}il.nd
compression molding technologies. The first line, anticipated to be in operation in May 2001,
would be a metal and plastic molding line that would run 24 hours per day, a minimumoffi.ve
days per week. The second line would be a manufacturing line building packaging prQdµcts,
estimated to be in operation by June 2001. · . i·•-·
It is estimated that the total investment, beyond the original property cost, would be two n'iillion
dollars, including tooling and machinery purchased by customers of Parker.
I
The following site improvements have been scheduled with Muskegon contractors:
I. New roof- Estimated cost $139,000
2. New fascia- Estimated cost $90,000
3. Tear down of interior building #3 and rebuild- Estimated cost $75,000
4. New floor- Estimated cost $40,000
5. Raising of roof- Estimated cost $50,000
6. Interior painting and remodeling $20,000
7. Paving of existing back yard area- Estimated $25,000
8. Fence repairs- Estimated $5,000
Parker estimates 52 jobs to be created within the first two years. Our initial phase will have three
lines for three shifts utilizing three operators per shift, one supervisor per shift, two floor
technicians per shift, and one maintenance personnel per shift. In addition, two sales persons,
three engineers and a plant manager will be employed. In the second year, raw material
production would be started in Muskegon, adding 25 jobs to the existing 27.
Attached is our Engineer's drawings of the current layout for production at the new facility.
Currently the property is in disrepair. The roofs on all three buildings on the property leak. The
property is a Federal Superfund site that requires another 3 to 20 years to remediate, making it
difficult for the seller to dispose of the property. Parker has agreed to a working relationship
with the Seller, allowing its environmental equipment to remain on the property in a working
relationship with Parker. The building has low ceilings, making manufacturing difficult. The
exterior of the building is in disrepair and a "blight" on the community.
Parker is willing to introduce City of Muskegon officials to its customers, who have open
purchase orders for Parker products and raw materials, evidencing the viability of the project.
Parker will provide any letter of commitment required by city officials.
The property is in an industrial zone, contiguous to an existing Renaissance Zone property.
Improvements to the property will help enhance the current declining image of Laketon Avenue
businesses.
Parker is ready to complete its purchase of the building upon designation of Renaissance Zone
status. Parker is currently in operation and would transfer its technology to Muskegon
immediately. The only limitation currently in front of Parker is working around a vast amount of
equipment and underground wells currently being used for environmental remediation. Also, a
projected $21,000 to $700,000 cost of a BEA with the State of Michigan is currently at issue.
Engineering solutions to be presented to the State of Michigan within 30 days should bring final
resolution to this hurdle.
The request is to expand the existing Renaissance zone to the Federal Mogul building and to
create a new zone for the Misco property. The applicant, Green Mountain Plastics L.L.C., which
is purchasing the property, is a Michigan Limited Liability Company, which will lease the
property to Parker Plastics L.L.C. Both companies have common ownership. All City accounts,
if any, are current with the City of Muskegon.
This project is ready to begin immediately in Muskegon. We anticipate being a good corporate
citizen and anxiously await our arrival here. If you have any questions, please feel free to 0
contact the undersigned.
Respectfully,
Charle . Luyendyk
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Site/Building Requirements
The applicant has agreed to improvements to the site and buildings as outlined in the
Renaissance Zone Policy (see attached development agreement for details).
Evaluation Factors
A. Primary
I. The applicant cannot undertake this project in an existing
Renaissance Zone because all of the industrial property in
existing Renaissance Zone is being utilized.
2. The project has expressed full commitment from the prope1ty
owner and the business that will operate on the property.
3. The project meets the required number of threshold criteria for
the expansion of an existing zone.
B. Secondary
1. The amount of new income taxes based on the 52 at an average
manufacturing wage of $8 hour will result in an additional
$8,653 which is more than the current prope1ty taxes.
2. $2.5 million
3. The project recruits a new business into the City while creating
52 new permanent full-time jobs
4. The rehabilitation and reuse of this property should increase
the marketability of the surrounding area and subsequently
result in additional private development.
5. NIA
6. The amount of tax loss does not exceed the City Tax Revenue
Investment Cap
7. NIA
8. The redevelopment/reuse of the subject property will assist in
the redevelopment of the Laketon A venue corridor.
9. NIA
I 0. Based on agreed upon site improvements for this project the
project will be close to achieving State Certified Industrial Park
Standards. The buildings will likely not conform to State
Industrial Park Standards due to the type and time period of
construction.
11. The project is consistent with City plans
12. The applicant company is new to the City and therefore has not
been in violation of any city ordinance or policy. The attached
development agreement identifies that the buildings must be
brought to code and any back taxes will be paid at the time of
closing.
In surmnary the proposed project complies with nearly every aspect of the City of
Muskegon Renaissance Zone Policy.
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of933 Terrace Street, Muskegon, Michigan 49441 ("City") and PARKER
PLASTICS, LLC, and GREEN MOUNTAIN PLASTICS, LLC, both Michigan limited liability
companies, of 80 I W. Norton, Muskegon, Michigan 49441 ("Company").
Recitals:
A The City has received and application from the Company and intends to consider
the location in a Renaissance Zone by the Company, and as a condition thereof this Agreement
must be approved and executed by the Company prior to the establishment and location of the
business in the Renaissance Zone. Upon approval of Renaissance Zone status for the Company,
the City will sign this Agreement. The City deems this Agreement to constitute a necessary
element in the City's determination regarding the location of Company in the Renaissance Zone,
and the City relies upon the undertakings of Company in this Agreement to allow and to continue
the Renaissance Zone status of the Company.
B. The Company intends to install the project set fmih in its letter of August 14,
2000 and its Application for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in this Agreement to
establish and to continue the Company's status as a Renaissance Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the following
documents which have been collected and relied upon by the parties:
1.1 The letter of August 14, 2000 from Charles W. Luyendyk on behalf of
Parker Plastics, LLC.
1.2 The Application prepared and filed by Parker Plastics, LLC.
1.3 Copy of the Renaissance Zone Act, as amended to date.
1.4 City of Muskegon Development Agreement Policy for Expanding
Existing or Establishing New Renaissance Snb-Zones.
1.5 Exhibit containing Site/Building requirements for this project applying
Article VII of the Development Agreement Policy.
2. COMP ANY AGREEMENT. The Company agrees to the following commitments
which it shall perform in a timely and reasonably acceptable manner:
C:IMY DOCUMENTSIDEVELOPM4.WPD 1
2.1 The improvement of the Federal Mogul Building at 1839 Sixth Street,
Muskegon, Michigan, to comply with all construction codes, to meet its needs to operate
its business on the property.
2.2 The improvement, to comply with all construction codes, of the
Howmet/Misco Building at 1713 Seventh Street for said purposes. [This requirement is
reserved for the Howmet/Misco Building when its Renaissance Zone status is established,
which may require a different schedule by addendum].
2.3 The installation on the premises of the current plastic manufacturing
facilities, operations may begin in May 2001 on the first line, and June 2001 on the
second line.
2.4 The investment of the amounts set forth in the letter of August 14, 2000.
2.5 The creation of fifty-two jobs within the first two years of operation.
2.6 The closing of the purchase of the properties.
2.7 The performance of all other undertakings set forth in the August 14, 2000
letter and the Application.
2. 8 Assurance and completion at real estate closing(s) of the payment of all
real and personal property taxes due for all years prior to the creation of the Renaissance
Zone on the properties.
2.9 Cooperation with City representatives to supply all requested and required
documentation necessary in the City's reasonable judgment to determine compliance with
the undertakings set forth in this Agreement and its attachments.
2.10 During the entire period for which the Renaissance Zone status is in effect,
the level of jobs, production and utilization of improvements and equipment as set forth
in the attachments, shall be sustained and maintained.
2.11 The Company shall take all required precautions to avoid the release of
any hazardous substance in violation of any environmental law on its premises, and shall
report any releases to the appropriate authority in a timely and complete manner,
providing copies of said documentation to the City. It shall comply with all orders and
actions of any governmental agency having authority.
2.12 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
2.13 The Company shall improve the properties and improvements, as
contemplated in Article VII of the Development Agreement Policy, in accordance with
the provisions of the Exhibit attached covering Site/Building requirements. These
C:\MY DOCUMENTS\DEVELOPM4.WPD 2
requirements shall be in addition to any zoning or site plan requirements of the Planning
Commission or City Commission.
3. AGREEMENT BY THE CITY. Provided this Agreement has been executed and
further provided all applications concerning Renaissance Zone status have been properly filed,
the City shall, in a timely manner, proceed with the appropriate meetings or applications
including as necessary the State of Michigan Renaissance Zone Review Board, and with all local
review entities required by law. The City may consider this agreement in a meeting separate
from and prior to the meeting or meetings in which the City or any entity considers the creation
of the district or approval of the applicant for Renaissance Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 The closing of the Company's facilities in the City. Closing shall mean,
for purposes of this Agreement, the removal, without transfer to another site within the
City, of substantially all of the production facilities, and the elimination within the City of
substantially all the jobs created or retained thereby, which are set forth in the Company's
applications and all submissions accompanying it.
4.3 Failure to afford to the City the documentation and reporting required.
4.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the attachments within the
times required hereby.
4.5 The bankruptcy or insolvency of the Company.
4.6 The failure to pay any taxes other than those exempted by the Renaissance
Zone Act, and the failure to pay any special assessments levied on the Company's
property timely after levy or final appeal.
4.7 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
5. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company's rights to due process. The amounts due by reason of the
exercise of the remedies shall be immediately payable by the Surety executing the performance
guarantee required by this agreement.
5.1 In the event of closing as specified in section 4.2 above and after
investigation of the facts and a public hearing, the Company and its surety shall be
C:IMY DOCUMENTSIDEVELOPM4.WPD 3
immediately liable for amounts below, to be paid forthwith to the City, and the
Renaissance Zone status of the Company shall be revoked or void, with the following
consequences::
5.1.1 The Company shall pay to the City, for..Ql:Q rata distribution to any
taxing unit which has not been reimbursed by the State or to the State of
Michigan, an amount equal to all real and personal property taxes which have
been excused.
5.1.2 The Company shall pay to the State of Michigan all amounts of the
corporate income tax which have been abated under the Renaissance Zone Act, if
any.
5.1.3 The Company shall immediately pay to the City any corporate City
income tax which has been abated pursuant to the Renaissance Zone Act.
5.2 Failure to Install Improvements. In the event the improvements,
renovations and the equipment have not been completed or installed by the time set forth
in the attachments, the said improvements and equipment shall be placed on the next tax
roll, and in addition the Company shall reimburse the City, taxing units or State for all
abated taxes on said property. The performance guarantee amount shall be paid to the
City.
5.3 Failure to Expend the Funds Represented. Whether or not the installations
have been completed, if the Company has not expended the funds it has represented on its
application that it would invest for the installation of equipment, the Company shall show
cause to the City why its Renaissance Zone status should not be determined to be revoked
or void. The performance guarantee amount shall be paid to the City.
5.4 Job Creation and Retention. In the event the promised numbers of jobs
have not been created or retained, the amount of the performance guarantee shall be paid
to the City.
5.5 Other Violations. For any material violations of this Agreement, the City
reserves the right to seek declaration by a court or entity with authority that the
Renaissance Zone status of the Company is void or revoked. The performance guarantee
amount shall be paid to the City.
5.6 Special Assessment. For any amount due to be paid to the City as a result
of default by the Company, the Company consents that the City shall have a personal
action against the Company and its Surety for the said amount, and in addition,
cumulatively, and not by election, the City shall have a special assessment lien on all the
property of the Company, personal and real, located in the City, for the collection of the
amounts due as and in the manner of property taxes.
C:\MY DOCUMENTS\DEVELOPM4.WPD 4
5. 7 City Considerations for Determination in Matters of Default. The City
shall not unreasonably take any action which may result in invocation of the remedies
above. It shall take the following factors into consideration:
.I The economic conditions, if any, reasonably !mown to the City,
which are found to be directly related to the default or circumstance
causing the proposed action by the City.
.2 The performance of the Company in meeting the commitments and
requirements of the Application, the submitted materials, and the
provisions of the Certificate and this Agreement.
.3 Whether the effect on the City's finances of the Company's actions
is material and substantial.
.4 Whether the circumstance affecting the status of the company was
created by occurrences beyond the control of the Company or could have
been avoided, and, in particular, whether the Company could economically
and feasibly continue to perform as required by this Agreement.
5.8 Performance Guarantee The company shall deposit with the City a
Performance Guarantee such as a Surety Bond issued by a surety licensed in the State of
Michigan and acceptable to the City, or in the alternative, an irrevocable letter of credit on a bank
organized as a national bank or under the laws of the State of Michigan, (either being called the
"Guaranty Document"), in the amount of$100,000.00. The Guaranty Document shall
unconditionally obligate the Company and the Surety or bank to pay an amount to the City in the
event of default, to be equal to the taxes abated to the date of default, together with all taxes
which may be abated in the event Renaissance Zone status cannot be revoked or voided for any
subsequent period the default continues, plus any costs to the city caused by the failure of the
company to comply, including, without limitation, any costs of cure incurred by the city to bring
the improvements on the property into compliance with this agreement or planning or zoning
requirements.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan, and in particular the Renaissance Zone Act of the State, as amended.
7. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
8. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
C:IMY DOCUMENTSIDEVELOPM4.WPD 5
9. Effective Date. This Agreement shall be effective on the date the State of
Michigan Administrative Board approves the amendment to the City of Muskegon/Muskegon
Heights Renaissance Zone.
10. Invalidity. In the event any provision of this agreement is declared invalid by a
court or tribunal having competent jurisdiction, the remainder of the agreement shall remain in
full force and effect.
CITY O F MUSKEGON,
...;~ :n.~
a municipal corporation
By
~ Mayor
<'
Fred J. Nie
and ~ Q. ~~
Gail A. Kundinger, Clerl~
Dated: ¥ - 12- , 2000
By
Its ,ttlr
and
Its
Dated: 9 ~ /1 , 2000
GREEN MOUNTAIN PLAST
and- - - - - - - - - - - -- -
Its - - - -
Dated: 1- / 1 , 2000
C:\MY DOCUMENTS\DEVELOPM4.WPD 6
C:IMY DOCUMENTS\DEVELOPM4.WPD 7
EXHIBIT
REQUIREMENTS TO COMPLY WITH ARTICLE VII OF THE DEVELOPMENT
AGREEMENT POLICY
1. Twenty foot wide landscape buffer along the entire Laketon Ave. frontage. To meet with
Planning Commission approval.
2. Removal/ replacement of chain link fence along Laketon Ave. frontage. Any new fence
may not exceed a height of six feet, and may not be within the required twenty foot
landscaping setback. No barbed wire or electric fence may be used.
3. Removal/ replacement of the "Federal Mogul" pole sign. Any new sign must meet the
requirements of the Zoning Ordinance.
C:\MY DOCUMENTS\DEVELOPM4.WPD 8
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