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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 25, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Aooroval of Neighborhood Enterprise Zone Certificate for 362 W.
Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
C. FIRST READING: Zoning Ordinance Amendment for MC. Medical Care
Districts. PLANNING & ECONOMIC DEVELOPMENT
D. FIRST READING: Rezoning Request for Properties Located at
987,953,905, 895, 885, & 875 Keating Avenue: 2010, 2020, & 2040 S.
Getty Street: 950 E. Delano Avenue; and 1020 & 900 E. Barney Avenue.
PLANNING & ECONOMIC DEVELOPMENT
E. FIRST READING: Rezoning Request for Property Located at 2033
Lakeshore Drive. PLANNING & ECONOMIC DEVELOPMENT
F. FIRST READING: Zoning Ordinance Amendment for Antique Shops.
PLANNING & ECONOMIC DEVELOPMENT
G. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
o PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Clay Avenue, Terrace to
Spring. ENGINEERING
B. Spreading of the Special Assessment Roll for Fair Avenue, Torrent to
Addison. ENGINEERING
C. Spreading of the Special Assessment Roll for Park Street. Young to
Laketon. ENGINEERING
D. Request for an Industrial Facilities Exemption Certificate - ReSource
Industries. PLANNING & ECONOMIC DEVELOPMENT
E. Resolution for Class C Liquor License for Ciggzree Morris. PLANNING &
ECONOMIC DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Donation Program for 2005 Individual Income Tax Returns - D.A.R.E.
Program. INCOME TAX
B. Social Security Privacy Policy. INCOME TAX
C. Approval of Sale of City-Owned House at 265 Walton. COMMUNITY &
NEIGHBORHOOD SERVICES
D. Approval of Quit Claim for the Purchase of the City-Owned House at
510 Creston Street. COMMUNITY & NEIGHBORHOOD SERVICES
E. Approval of Sale of lnfill Home at 747 Marcoux. COMMUNITY &
NEIGHBORHOOD SERVICES
F. Budgeted Vehicle Purchases. DEPARTMENT OF PUBLIC WORKS
G. Hartshorn Marina Renovation Project- Bids Received. LEISURE SERVICES
H. Selection of Architect- Central Fire Station. PUBLIC SAFETY
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shalf do the following:
» fill out a request to speak form attached to the agenda or located in the back of the room.
J> Submit the form to the City Clerk.
> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
> limit of 3 minutes to address the Commission.
> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
D ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: October 25, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the October 10th
Commission Worksession, and the October 11th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 25, 2005
CITY COMMISSION CHAMBERS@ 5:30P.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, October 25,
2005.
Mayor Warmington opened the meeting with a prayer from Commissioner
Gawron after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-96 HONORS AND AWARDS: Battalion Chief Ken Chudy presented
Commissioner Clara Shepherd with a Certificate of Appreciation for
participating in the demonstration rescue capabilities on September 26, 2005.
2005-97 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October lOth Commission
Worksession and the October lllh Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of Neighborhood Enterprise Zone Certificate for 362 W.
Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Millie Ortiz and Kenneth Richardson to
rehabilitate a home in the Nelson Neighborhood at 362 W. Muskegon Avenue.
The home is located in a Neighborhood Enterprise Zone. The application states
that the estimated cost for rehabilitation will be between $3,000 to $6,000 to
replace approximately twelve (12) windows with replacement windows with
wood framing inside and out. The applicant has met local and state
requirements for the issuance of the NEZ certificate. Approval or denial by the
City Commission is required within 60 days of the application date and must be
forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 6
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
C. FIRST READING: Zoning Ordinance Amendment for MC. Medical Care
Districts. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #5.) of Article
XXIII (General Provisions) to amend the sign ordinance language to add MC,
Medical Care district zones to "Permitted signs in the B-2, B-3, B-4, B-5, 1-1. and 1-2
zones" section.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the sign ordinance language regarding MC, Medical
Care districts.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 10/13/05 meeting. The vote was
unanimous in favor of the amendment, with B. Smith, and T. Johnson absent.
D. FIRST READING: Rezoning Request for Properties Located at
987,953.905, 895, 885, & 875 Keating Avenue: 2010, 2020, & 2040 S.
Getty Street: 950 E. Delano Avenue: and 1020 & 900 E. Barney Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 987, 953, 905,
895, 885, & 875 E. Keating Avenue; 2010, 2020, & 2040 S. Getty Street; 950 Delano
Avenue; and 1020 & 900 E. Barney Avenue from 1-2, General Industrial to 1-1.
Light Industrial.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 10/13/05 meeting. The vote was unanimous with
B. Smith and T. Johnson absent.
E. FIRST READING: Rezoning Request for Property Located at 2033
Lakeshore Drive. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by the City of
Muskegon, located at 2033 Lakeshore Drive, from RM-1, Low Density Multiple-
Family Residential to B-2, Convenience and Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 10/13/05 meeting. The vote was unanimous with
T. Johnson and B. Smith absent.
F. FIRST READING: Zoning Ordinance Amendment for Antique Shops.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2,
Convenience and Comparison Business Districts) to add antique shops, under
Special Land Uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add antique shops to the B-2, Convenience and Comparison
Business zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 10/13/05 meeting. The vote was unanimous with
T. Johnson and B. Smith absent.
G. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a
definition for "Antique Shop".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add a definition for "Antique Shop".
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 10/13/05 meeting. The vote was
unanimous in favor of the amendment with B. Smith and T. Johnson absent.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-98 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Clay Avenue, Terrace to
Spring. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Clay Avenue, Terrace Street to Spring Street; and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $37,383.25 would be spread against the
seventeen ( 17) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:44 p.m. and approve the special assessment roll and adopt
the resolution for Clay Avenue, Terrace to Spring.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Fair Avenue, Torrent to
Addison. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Fair Avenue, Torrent Street to Addison Street; and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $18,028.40 would be spread against the twenty-
five (25) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:46 p.m. and approve the special assessment roll and adopt
the resolution for Fair Avenue, Torrent to Addison.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Park Street. Young to
Laketon. ENGINEERING
ITEM C - Staff has requested that this Public Hearing be postponed. Property
owners have been notified by letter.
D. Request for an Industrial Facilities Exemption Certificate - ReSource
Industries. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
ReSource Industries, 1485 S. Getty, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1485 S. Getty,
Muskegon. The total capital investment is approximately $159,400 in personal
property. This request qualifies ReSource Industries for a 6-year exemption for
personal property. ReSource Industries current workforce is 42.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six (6) years for personal property.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 5:49 p.m. and approve the request for an Industrial Facilities
Exemption Certificate for ReSource Industries.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
E. Resolution for Class C Liquor License for Ciggzree Morris. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on the request for a Class C
Liquor License for Ciggzree Morris. The request is necessary due to a lack of
available liquor licenses in the City of Muskegon. The Liquor Control Code allows
for additional liquor licenses within Downtown Development Authority Districts
under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing but delay action on
approval, since the Downtown Development Authority has not yet approved the
resolution.
COMMITTEE RECOMMENDATION: The Downtown Development Authority was
scheduled to meet on October 18, 2005, but did not have a quorum.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:56 p.m. and defer action until the meeting in November.
MOTION PASSES
2005-99 NEW BUSINESS:
A. Donation Program for 2005 Individual Income Tax Returns - D.A.R.E.
Program. INCOME TAX
SUMMARY OF REQUEST: Approval to use the donations from the 2005 income
tax returns to be designated to the D.A.R.E. (Drug Abuse Resistance Education)
program. Income tax refunds voluntarily donated from taxpayers will go to the
City of Muskegon Police Department to help fund the D.A.R.E. program.
FINANCIAL IMPACT: The average amount collected each year is $2,500.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the donations from the 2005 income tax returns to the D.A.R.E. program.
ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, and Larson
Nays: None
Absent: Warmington and Shepherd (stepped out of the room)
MOTION PASSES
B. Social Security Privacy Policy. INCOME TAX
SUMMARY OF REQUEST: The adoption of a policy which protects the
confidentially of social security numbers, as required by State of Michigan's
Social Security Act (Act 454 of 2004).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Social Security Privacy Policy.
ROLL VOTE: Ayes: Carter, Davis, Gawron, larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
C. Approval of Sale of City-Owned House at 265 Walton. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sale transaction
between Mr. Johnnie Tanner for the new lnfill home at 265 Walton. The home is
part of the Operation Walton Renaissance AKA Hill Top View, which is a joint
project between the City of Muskegon, Fifth Third Banks and Neighborhood
Investment Corporation. Mr. Tanner's purchase price is $135,000 with a subsidy
of $40,000. The land where the new home now stands is a former Urban
Renewal area overlooking the City's Farmers Market. Operation Walton
Renaissance AKA Hill Top View is an example of the City of Muskegon's
continued efforts to redevelop its urban neighborhood.
FINANCIAL IMPACT: The program income from the sale will be deposited into
the City's Home fund for future activity.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution and the sale of 265
Walton to Mr. Tanner.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of the City-owned house at 265 Walton to Mr. Tanner.
ROLL VOTE: Ayes: Gawron, larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
D. Approval of Quit Claim for the Purchase of the City-Owned House at
510 Creston Street. COMMUNITY & NEIGHBORHOOD SERVICES
ITEM D - REMOVED FROM AGENDA PER REQUEST OF STAFF.
E. Approval of Sale of lnfill Home at 747 Marcoux. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Mayor and
City Clerk to sign the quit-claim deed and direct the Community and
Neighborhood Services office to complete the purchase between Ms.
Shavonda Johnson and the City of Muskegon for the property located at 747
Marcoux. Ms. Johnson's purchase price is $118,821 with a subsidy of $38,921.
The house at 747 Marcoux is the last of the former Turn-Key 3 sites that were
demolished as a part of the City's blight fight efforts. The new home is another
example of the City's aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The program income derived from this sale will be used for
future HOME activities.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and the sale of 747
Marcoux to Ms. Johnson.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the sale of the infill home at 747 Marcoux to Ms. Johnson.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
F. Budgeted Vehicle Purchases. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase six Taurus sedans from Great
Lakes Ford.
FINANCIAL IMPACT: Total cost $71,808.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the purchase of six Taurus sedans from Great Lakes Ford.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
G. Hartshorn Marina Renovation Project - Bids Award. LEISURE SERVICES
SUMMARY OF REQUEST: Due to an irregularity in the bid document, and per
consultation with and recommendation from the State of Michigan Department
of Natural Resources {DNR), it is recommended that the Commission reject both
bids and re-bid the project.
FINANCIAL IMPACT: Funding source for this project is a $1 Million grant from the
DNR with an equivalent $1 Million match from the City of Muskegon.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To re-bid the project.
Motion by Vice Mayor Larson, second by Commissioner Spataro to reject the
bids and re-bid the project.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
H. Selection of Architect - Central Fire Station. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the design of a new
Central Fire Station. Ten (1 0) proposals were received. These proposals were
reviewed by the Project Team consisting of Mr. Bryon Mazade, Mr. Tim Paul.
Deputy Director Mark Kincaid, and Tony Kleibecker. Generally, we evaluated
the firms' experience and background in the design of fire stations, their ability
to work with staff as part of a team, their vision for our station and their initial cost
estimate.
Based upon our review, we are recommending that the following two (2) firms
be selected as the architects for this project:
( 1) Hooker DeJong of Muskegon, Michigan
(2) Cole & Russell Architects of Cincinnati, Ohio
Hooker DeJong is an established downtown business that has been involved in
numerous projects throughout our community. They are keenly aware of the
importance of our downtown development and have an established
relationship with city staff.
Cole & Russell have been involved in the design of over 60 fire facilities
throughout the country. Their proposal included examples of the most cost-
efficient use of space, energy-efficient design methods and built-in training
features. While staff from Cole & Russell will be directly involved in the design
process, they are also experienced in working with local architectural firms. Both
firms have agreed to serve as co-architects on this project.
FINANCIAL IMPACT: The proposed fee for this project, subject to negotiation, is
7% of construction costs. This fee will be split between the two firms, per an
agreement to be reached by them.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the request to designate Hooker DeJong of Muskegon and Cole & Russell
Architects of Cincinnati as the co-architects for the Central Fire Station.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
PUBLIC PARTICIPATION: Comments were heard from Judy Meisch and Lyle Day.
ADJOURNMENT: The City Commission Meeting adjourned at 6:55p.m.
Respectfully submitted,
\1:LO.
City Clerk
Gail A. Kundinger, MMC
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- October 25, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning Department ~
DATE: October 13,2005
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Millie Ortiz and Kenneth Richardson to rehabilitate a home in the Nelson neighborhood at 362
W. Muskegon Avenue. The home is located in a Neighborhood Enterprise Zone. The
application states that the estimated cost for rehabilitation will be between $3,000 to $6,000. The
replacement of approximately twelve (12) windows with replacement windows with wood
framing inside and out. The applicant has met local and state requirements for the issuance of
the NEZ certificate. Approval or denial by the City Commission is required within 60 days of
the application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 6 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\362 W Muskegon\Agenda ltem.doc
ResolutionNo. 2005-97(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Millie Ortiz & Kenneth Richardson to rehabilitate a home at 362 W. Muskegon
Avenue in the Nelson neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for six (6) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Millie Ortiz & Kenneth Richardson be
approved.
Adopted this, 25 1h day of October, 2005.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
Absent: None
Attest: ____j~~=:____]~~~~~!,J0-
Gail Kundinger, MMC
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a reso lution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 25, 2005.
Gail Kundinger,
City Clerk
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Commission Meeting Date: October 25, 2005
Date: October 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.Pi::--
RE: Zoning Ordinance Amendment to the Zoning
Ordinance for MC, Medical Care Districts
SUMMARY OF REQUEST:
Request to amend Section 2334 (Signs, #5.) of Article XXIII (General Provisions) to
amend the sign ordinance language to add M C, Medical Care district zones to
"Permitted signs in the B-2, B-3, B-4, B-5, I-1, and I-2 zones" section.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance
language regarding MC, Medical Care districts.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 10/13
meeting. The vote was unanimous in favor of the amendment, with B. Smith, and T.
Johnson absent.
0:\Planning\COMMON\Zoning\City Commission ltcms\Amendments\2005 Amendments\Case 200540-Addition ofMC into B-2 etc.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 216 5
An ordinance to amend Section 2334 (Signs, #7.) of Article XXIII (General Provisions)
of the Zoning Ordinance to amend the ordinance language regarding "Permitted signs
in the B-2, B-3,B-4, B-5, 1-1, and 1-2 zones".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs, #7.) of Article XXIII (General Provisions) is hereby amended to add
MC, Medical Care district zones under "Permitted signs in the B-2, B-3, B-4, B-5, I-1, and I-2
zones" section:
NEW LANGUAGE
Deletions are emsseEi eHt and additions are bold.
7. Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones: [amended 1/04]
a. Scope: Signs shall pertain exclusively to the business carried on within the
building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination
shall be permitted.
c. Number: One monument, or pole sign is permitted per property, regardless of
the number of businesses there, except that one additional freestanding sign
may be erected per road frontage when the development has parallel frontage
on at least one major street or comer frontages on at least one ml\ior street,
totaling over 500 linear feet. Properties with frontage on Muskegon Lake are
permitted an additional monument or pole sign on the water frontage only.
d. Wall, Awning or Braguet Signs, Size: Signs shall not exceed ten (10) percent
of the surface area ofthe commercial portion of the front building face and
may be placed on any wall. In the case where the building is over one
hundred feet (I 00') from the road, this allotment may be 15% of the front face
of the storefront. In the case where the building is over 300 feet from the road,
this allotment may be 20% of the front face of the storefront. In the case
where the property has parallel frontage on at least one major street or comer
frontage on at least one major street, this allotment may be 15% of the front
face ofthe storefront.
e. Wall, Awning or Braguet Signs, Placement: Signs shall be placed against the
principal building or on· a canopy. Signs shall not project above the roofline or
cornice. No wall sign shall interrupt or conceal the architectural details of a
building. A sign attached to a mansard shall be considered a wall sign.
f Changeable copy or electronic message boards: Shall be permitted provided:
1) One changeable or electronic message board shall be permitted per premise.
2) Changeable copy boards shall be part of a fixed, petmanent sign and shall have
rigid letters.
3) Electronic message boards shall be dimmed at dusk.
4) Electronic message board supports shall be at least seventy-five (75) feet from any
residential use or zone:
g. Free-standing signs:
1) Setback: The leading edge of the sign must be out of the public right-of-way.
Signs must be a minimum of 10 feet from a neighboring sign.
2) Ground clearance: Ground clearance shall accommodate clear vision needs of
the site.
3) Area and Height: All signs shall comply with Table II.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nayes: None
Adoption Date: October 25, 2005
Effective Date: November 8, 2005
First Reading: October 25, 2005
Second Reading:. __N....:./_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
By: ~DZ
Gail A. Kundinger, MM=
· k
Conmlission Meeting Date: October 25, 2005 - Zoning Ordinance Amendment for MC, Medical Care distiicts.
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City ofMuskegon, at a regular meeting of the City Commission on the
251hday of October, 2005, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. , , /
DATED: October 25 , 2005. ~ Q. ~v._:
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 25, 2005, the City Connnission of the City of Muskegon
adopted an ordinance to amend Section 2334 (Signs #7.) of Article XXIII (General
Provisions) to amend the zoning ordinance language regarding the addition of "MC, Medical
Care districts" to the "Permitted signs in the B-2, B-3, B-4, B-5, I-1 and I-2 zones" section.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten days from the date of this publication.
Published (}ctolzer J! ,2005 CITY OF MUSKEGON
By
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 13, 2005
Hearing; Case 2005-40: Staff initiated request to amend Section 2334 (Signs, #7.) of Article
XXIII (General Provisions) to add MC, Medical District zones to "Permitted signs in the B-2,
B-3, B-4, B-5, I-1, and I-2 zones" section.
BACKGROUND
Until recently the only sign requests in an MC district were associated with a hospital campus,
and so the campus language was applied. Recently a request for a sign in an MC district that
wasn't part of a hospital campus was received and when reviewed by staff, it was noticed that
when the MC district was created in 2003 acconnnodation wasn't made for it in the sign
ordinance. Staff believes that the best location for MC signage should be in Section 2334,
Signs #7 "Permitted signs in the B-2, B-3, B-4, B-5, I-1 and I-2 zones".
NEW LANGUAGE
Deletions are 6fssseEleHt and additions are bold.
7. Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones: [amended 1/04]
h. Scope: Signs shall pertain exclusively to the business carried on
within the building.
1. Lighting: Signs may be illuminated, but no flashing or moving
illumination shall be permitted.
J. Number: One monument, or pole sign is permitted per property,
regardless of the number of businesses there, except that one
additional freestanding sign may be erected per road frontage when the
development has parallel frontage on at least one major street or comer
frontages on at least one major street, totaling over 500 linear feet.
Properties with frontage on Muskegon Lake are permitted an
additional monument or pole sign on the water frontage only.
k. Wall, Awning or Braguet Signs, Size: Signs shall not exceed ten (! 0)
percent of the surface area of the connnercial portion of the front
building face and may be placed on any wall. In the case where the
building is over one hundred feet (100') from the road, this allotment
may be 15% of the front face of the storefront. In the case where the
0:\Planning\COMMON\Zoning\City Conunission Itcrns\Amendments\2005 Amendmcnts\Casc 200540~Addition of MC into 8·2 etc.doc 6
building is over 300 feet from the road, this allotment may be 20% of
the front face of the storefront. In the case where the property has
parallel frontage on at least one major street or comer frontage on at
least one major street, this allotment may be 15% of the front face of
the storefront.
I. Wall, Awning or Braguet Signs, Placement: Signs shall be placed
against the principal building or on a canopy. Signs shall not project
above the roof line or cornice. No wall sign shall interrupt or conceal
the architectural details of a building. A sign attached to a mansard
shall be considered a wall sign.
m. Changeable copy or electronic message boards: Shall be permitted
provided:
i. One changeable or electronic message board shall be permitted per premise.
ii. Changeable copy boards shall be part of a fixed, permanent sign and shall have rigid
letters.
iii. Electronic message boards shall be dirmned at dusk.
iv. Electronic message board supports shall be at least seventy-five (75) feet from any
residential use or zone.
n. Free-standing signs:
8. Setback: The leading edge of the sign must be out of the public right-of-way. Signs must
be a minimum of I 0 feet from a neighboring sign.
9. Ground clearance: Ground clearance shall accommodate clear vision needs of the site.
10. Area and Height: All signs shall comply with Table II.
DELIBERATION
I move that the amendment to Section 2334 (Signs #7), Article XXIII (General Provisions), to
add MC, Medical District zones to "Permitted signs in the B-2, B-3, B-4, B-5, I-1, and I-2
zones" section, be recommended to the City Commission for (approval/denial).
0:\Planning\COMMON\Zoning\City Commission Items\Amendments\2005 Amendments\Case 200540-Addition ofMC into B-2 etc.doc 7
Commission Meeting Date: September 25, 2005
Date: October 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Rezoning request for properties located at 987, 953, 905,
895, 885, & 875 E. Keating Avenue, 2010, 2020, & 2040 S.
Getty Street, 950 E. Delano Avenue and 1020 & 900 E.
Barney Avenue
SUMMARY OF REQUEST:
Request to rezone the property located at 987, 953, 905, 895, 885, & 875 E. Keating
Avenue, 2010, 2020, & 2040 S. Getty Street, 950 Delano Avenue, and 1020 & 900
E. Barney Avenue from 1-2, General Industrial to 1-1, Light Industrial.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/13
meeting. The vote was unanimous with and B. Smith and T. Johnson absent.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\/\pprove\2005 Approvals\953 E. Keating etc .. doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2166
An ordinance to amend the zoning map of the City to provide for a zone change for certain
properties from 1-2 "General Industrial" to 1-1 "Light Industrial"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from I-2 "General Industrial" to I-1 "Light Industrial":
See Attachment A
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington , Carter, Davis
Nayes: None
Adoption Date: _ __o_c_t_o_b_e_r_2_5_,_2_0_05_ _ __
Effective Date: November 11, 2005
-------~------
First Reading: _ _ _o_c_t_o_b_e _r _2_5....c,_2_00_5_ _ __
Second Reading: _ _ _ N.. .:. ._/A_ _ __ _ _ __
CITY OF MUSKEG~
By: Lfl
GailAKundinger:MMC
.
Clerk
ATTACHMENT A
CITY OF MUSKEGON PART OF THE SW Y. OF NW '!.SEC 33 TION R16W
DESC AS COM AT N Y. COR SD SEC 33 TH S OlD OOM 40S W A DIST OF
1327.95 FTTH S 89D25M 13S W ADISTOF 1319.88 FTTO
NE COR OF SW '!.OF NW Y. SD SEC TH S 89D SSM 19S W ALG N 1/8 LN
SD SEC BY PLAT OF CONTINENTAL ADD A DIST OF 252.96 FT
TH S OOD 04M 41 S E A DIST OF 30FT TO S ROW LN OF KEATING ST
&POB TH S OOD 04M 41S E A DIST OF 173FT TH S 89D 55M 19S W PAR
WITH SD ROW LN A DIST OF 158.45 FT TH N OOD 04M 41S W TO SD
ROW LN A DIST OF 173FT TH N 89D 55M 19S E ALG SD S ROW LN A
DIST OF 158.45 FT TO POB TOGETHER WITH A 60 FT WIDE ESMT FOR
INGRESS & EGRESS MEASURED AT RT ANG 60FT W & ADJ TO THE
FOL DESC LN LOCATED IN PART OF SW Y. OF NW Y.
SEC 33 DESC AS FOL COM AT NY. COR SD SEC 33TH SOlD OOM 40S W
A DIST OF 1327.95 FT TH S 89D 25M 13S W A DIST OF 1319.88 FT OF NE
COR SD SEC TH S 89D SSM 19S W ALG SD 1/8 LN A DIS OF 252.96 FT TH
S OOD 04M 41S E A DIST OF 30FT TO S ROW LN OF KEATING ST TH S
89D 55M 19S W ALG S R/W LN A DIST OF 158.45 TO POB TH S OOD 04M
41S EADIST OF 215FT TOPT "A" &POINT OF TERMINUS ALSO
TOGETHER WITH A 43 FT WIDE ESMT FOR INGRESS & EGRESS
MEASURED AT RT ANG & LYING 42FT N OF & ADJ TO THE FOL DESC
LN LOCATED IN PART OF THE SW Y. OF NW Y. SEC 33 DESC AS FOL
RECOM AT SD POINT "A" FOR THE POB TH N 89D SSM 19S E PAR WITH
SD S ROW LN OF KEATING AVE A DIST OF 158.45 FT TO POINT OF
TERMINUS
AND
CITY OF MUSKEGON SEC 22 TION R16WPART OF NW 114 OF SE 1/4 OF
NW 1/4 SEC 33 LYING W OF M R & N CO R OF W & N OF CONSUMERS
POWER CO 66FT R OF W EX N 30FT FORST ALSO THAT PART OF SW
1/4 OF NW 1/4 N OF CON PWR CO R/W EXC W 455 FT
ALSO EXC N 30FT ALSO EXC THAT PART OF ABOVE DESC PARCEL
LYING WLY OF A LINE DESC AS:
COM AT A PT ON SL ROW LINE KEATING AVE WHICH IS 5 FT E
OF INT WITH C/L AUSTIN ST EXTENDED TH E ALG S ROW LINE 125 FT
FOR POB OF SD LINE TH SPAR WITH C/L AUSTIN ST EXTENDED
TON LINE CONSUMERS POWER CO PROPERTY FOR POE OF SD
LINE. TOGETHER WITH A 60FT WIDE ESMT FOR INGRESS & EGRESS
MEASURED AT RT ANG 60 FT W & ADJ TO THE FOL DESC LINE
LOCATED IN PART OF SW Y. OF NW Y. SEC 33 DESC AS FOL
COM AT NY. COR SD SEC 33TH SOlD OOM 40S W A DIST OF 1327.95 FT
TH S 89D 25M 13S W A DIST OF 1319.88 FT OFNE COR OF SW Y. OF NW
Y. SD SEC TH S 89D SSM 19S W ALG SD 118 LINE
A DIS OF 252.96 FT TH S OOD 04M 41S E A DIST OF 30FT TO S PJW LI>JE
OF KEATING ST TH S 89D 55M 19S W ALG S PJW LINE
A DIST OF 158.45 TO POB TH S OOD 04M 41S E A DIST OF 215FT
TO PT "A" & POINT OF TERMINUS ALSO TOGETHER WITH A 43 FT
WIDE ESMT FOR INGRESS & EGRESS MEASURED AT RT ANG & LYING
42FT N OF & ADJ TO THE FOL DESC LINE LOCATED IN PART OF THE
SW Y. OF NW Y. SEC 33 DESC AS FOL RECOM AT SD POINT "A" FOR
THE POB TH N 89D 55M 19S E PAR WITH SD S R/W LINE OF KEATING
AVEADIST OF 158.45 FTTO POINT OF TERMINUS ALSO EXCEPT PART
OF THE SW Y. OF NW Y. SEC 33 TlON R16W DESC AS COM AT NY. COR
SD SEC 33TH SOlD OOM 40S W A DIST OF 1327.95 FT
TH S 89D 25M 13S W A DIST OF 1319.88 FT TONE COR OF SW Y. OF NW
Y. SD SEC TH S 89D SSM 19S W ALG N 1/8 LN SD SEC BY PLAT OF
CONTINENTAL ADD A DIST OF 252.96 FT TH S OOD 04M 41 SEA DIST
OF 30FT TO S ROW LN OF KEATING ST &POB H S ODD 04M 41S E A
DIST OF 173 FT TH S 89D SSM 19S W PAR WITH SD ROW LN A DIST OF
158.45 FT TH N ODD 04M 41S W TO SD ROW LN A DIST OF 173FT TH N
89D 55M 19S E ALG SD S ROW LN A DIST OF 158.45 FT TO POB
AND
CITY OF MUSKEGONSEC 33 TlON R16WTHAT PART OF S 112 OF NW 114
SD SECLYING W OF WLY RR ROW ADN N OF CONSUMERS POWER
COD ESC AS:COM AT PT ON S ROW LINE KEATING AVE WHICH IS 5 FT
E OF INT WITH C/L AUSTIN ST IF EXTENDED FOR POBTH SPAR WITH
C/L AUSTIN ST EXTENDED TON LINE CONSUMERS POWER
PROPERTY AND PT ATH RECOM AT POBTH E ALG S ROW LINE
KEATING AVE 125 FTTHS PAR WITH C/L OF AUSTIN STEXTENDED TO
N LINE CONSUMERS POWER CO LANDTH NWLY TO PTA FOR POE
AND
CITY OF MUSKEGON THAT PART OF SW 114 OF NW 1/4 SEC 33 TlDN
R16W COMM@ INTER OF C/L AUSTIN ST EXTENDED & S P/L OF
KEATING AVE TH WL Y ALG SD LN 25 FT FOR POB TH CONT WL Y 60
FT TH S 50 FT TH E 6D FT TH N 50 FT TO POB
AND
CITY OF MUSKEGONSEC 22 TJON R16WTHAT PART OF FOLLOWING
DESC PARCELLYING WLY OF A LINE DESC AS COM AT PT ON S ROW
LINE KEATING AVEWHICH IS 5 FT E OF INT WITH C/L OF AUSTIN ST
EXTENDED FOR POB OF SD LINETH S PAR WITH C/L OF AUSTIN ST
EXTENDED TON LINE CONSUMERS POWER CO PROPERT FOR POE OF
SD LINE. ORIGINAL PARCEL DESC AS:PART OF SW 114 OF NW
114LYING N OF CON PWR CO R/W EX W 455FT AND EX N 30FT ALSO
EX COMM AT INTER OF C/L AUSTIN ST EXTENDED AND S ROW OF
KEATING AVE TH WL Y AL SD LN 25 FT FOR POE TH CONT WL Y 60 FT
TH S 50FT THE 60FT TH N FT TO POB SEC 33 TION Rl6W
AND
CITY OF MUSKEGON E 150FT OF W 455FT OF SW 1/4 OF NW 114 OF
SEC 33 T1 ON R16W LYING N OF CONSUMERS POWER CO RIW EX N 30
FT
AND
CITY OF MUSKEGON SEC 33 TION R16WPRT OF SW 114 OF NW 114 SD
SECCOM @ PT ON E SD OF GETTY AVE 60FT S OF SW COR BLK 70F
CONTINENTAL ADDTH E PAR WITH CENTRAL AVE OF SD ADD 272 FT
TO W LN OF CONTINENTAL AVE IF EXTND STH S TO CONSUMERS
POWER CO ROWTH NWLY ALG SD ROW TO PN S OF BEGTH N TO POB
AND
CITY OF MUSKEGON SEC 33 T10N R16WALL THAT PART OFFOLDESC
PARCEL OF LANDWHICH LIES WLY OF W ROW LN CONTINENTAL
ST AS EXTND S TO NL Y RR R/W LN OF CONRAIL CORP A STRIP OF
LAND 4 RDS IN WIDTH LOC IN NW 1/4 OF SD SEC &LYING NL Y OF
AND ADJ TORR R/W OF CONRAIL CORP
AND
CITY OF MUSKEGON PART OF SEC 33 T10N R16WBEG ON W LINE OF
SW 114 OF NW 1/4 TH S 71 DEG 4 MINE 735.8 FT TH S 1 DEG 12 MIN W
255.5 FT TH N 89 DEG 50 MIN W 698.74 FT TH N 1 DEG E 492.55 FT TO
BEG EX W 33 FT FOR STREET
AND
CITY OF MUSKEGON PART OF SW 114 OF NW 1/4 SEC 33 T1 ON
R16WCOM@ NE COR GETTY & DELANO TH S 89 DEG 50 MINE 665.74
FT FOR PLACE OF BEG TH S 89 DEG 50 MINE 452.6 FT TH N 32 DEG 23
MIN W 153.5 FT TH N 71 DEG 04 MIN W 385.8 FT TH S 1 DEG 12 MIN W
255.5 FT TO BEG
AND
CITY OF MUSKEGON A STRIP OF LAND 66 FT WIDE ALONG N LINE
PENN RR RIW ACROSS S 1/2 OF NW 1/4 SEC 33, TION R16WEXC ALL
THAT PART OF THE FOLLOWING DESC PARCEL OF LAND WHICH LIES
WLY OF W RT OF WAY LINE OF CONTINENTAL ST AS EXTENDED S TO
THE NLY RR R/W LINE OF CONRAIL CORP: A STRIP OF LAJ\'D 4 RDS IN
WIDTH LOCATED IN THE NW 1/4 OF SEC 33 TlONR16\V AND LYING
NL Y OF AND ADJACENT TO THE RR R/W OF CONRAIL CORP
AND
CITY OF MUSKEGONSEC 33 T1 ON Rl6WALL LAND OWNED BY
MUSKEGON RAILWAY & NAVIGATION CO ADJ TO M R & N CO
TRACKS INS 112 OF NW 1/4 & N 1/2 SW 1/4 LYING SLY OF CONSUMERS
ENERGY PROPERTYEX CSX RR ROWALSO EXC FOLL DESC PROPERTY
IN ENTIRITYTHAT PART OF SEC DESC ASCOM AT SW COR SEC 33TH N
OOD 52M I OS E ALG W LINE SEC 934.03 FTTH N 89D 36M 41 S E PAR W S
LINE 33FT FORPOBTH N 89D 36M 41S E 92.37 FTTONWLY LINERR
ROWTH S 64D 48M 56S W ALG NWLY ROW 102.79 FTTH N OOD 52D lOS
E PAR W W LINE SD SEC 43.12 FT TO POBALSO INCL COM AT SW COR
SEC 33ALSO PART OF SEC 33 T!ON Rl6WDESC AS:OLD PENN CENTRAL
RR ROW ACROSS SEC 33 T!ON R16WEXC FOLLOWING DESC:THAT
PART OF SE 1/4 OF NW 1/40F NE 1/4 OF SW 1/4SEC 33 TJON R16WDESC
AS FOL:BEG @ NW COR OF NE 114 OF SW 114TH ALONG W LINE OF
NEl/4 OF SW l/4S OOD 33M OOS W 17.85 FTTH ALONG ELY EXTENSION
OF CL HACKLEY A YES 89D 43M OOS E 42.24 FTTO A CONCRETE
MONUMENT ON WLY RT OF WAY FORMER GRAND TRUNK WESTERN
RR FOR POBTH ALONG SAID RT OF WAYN OOD 48M OOS E 375.63 FT TO
AN IRON STAKETH ALONG SAID RT OF WAY N 32D 28M 30S W 391.64
FT(DEED N 32D 23M OOS W 391.27 FT)TO N LINE DELANO AVE
EXTENDEDTH ALONG N LINES 89D 50M OOS E 316.90 FTTO ELY RT OF
WAY SAID RRTH ALONG ELY RT OF WAYS OOD 48M OOS W 706.56 FTTH
N 89D 12M OOS W 102.00 FT TO POBSUBJECT TO ESMT GRANTED TO
CONSUMERS POWER COMPANY PER QUIT CLAIM DEED OF
EASEMENTS RECORDED IN LIBER 1757 OF PAGE 2090F MUSKEGON
COUNTY RECORDS
CERTIFICATE
(Rezoning of 987, 953, 905, 895, 885, & 875 E. Keating Avenue, 2010, 2020, & 2040 S. Getty
Street, 950 Delano Avenue, and 1020 & 900 E. Barney Avenue I-2 to I-1)
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25 1h day of October, 2005, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: _ _;O:...::.c-=-to.:...;be~r-=-25=------' 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 13, 2005
Hearing; Case 2005-34: Request to rezone the properties located at 987, 953,
905, 895, 885, 875 E. Keating Avenue, 2010, 2020, & 2040 S. Getty Street, 950 E
Delano Avenue, and 1020 & 900 E. Barney Avenue from I-2, General Industrial
to I-1, Light Industrial.
BACKGROUND
Applicant: Road Com Associates. LLC
Property Address/Location 953 E. Keating Avenue (and additional properties)
Request: Rezone from I-2, General Industrial to I-1, Light
Industrial
Present Land Use: Varies from commercial, utilities, and light
industrial
Zoning: I-2, General Industrial
STAFF OBSERVATIONS
1. This request started out as a lot split request from the owners of 953 E.
Keating Avenue, who wished to split their property and sell off one of the
buildings.
2. The sale has actually taken place, which creates an illegal lot split. The
minimum size lot in an I-2 zone is 43,560 feet, or one acre, where the
minimum size lot in an I-1 zone is 21,780 sq. ft., or one-half acre. The lot
split would create a lot of25,411 sq. ft.
3. Properties to the north are zoned B-4, General Business along Keating
Street, but a residential neighborhood exists to the north of the commercial
zoning directly on Keating. Properties to the South are zoned B-4,
General Business, R-1, One Family Residential, and RM-1, Low Density
Multiple-Family Residential (the site of Holy Trinity Church and Tri-
Valley Academy).
4. All the properties included in this request are patt of Medendorp Industrial
Park, which includes some I-1 zoning along with I-2.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\953 E. Keating etc .. doc 5
5. Upon meeting with the applicant and discussing what options were
available to solve the problem, it was noted by staff that neither of the
properties in question, or any of the immediately surrounding properties,
required I-2 zoning.
6. In discussions with Planning Department staff the consensus was that a
down zoning for this area that is close to residential districts would be in
the best interest of the area.
7. Other uses of property in the area proposed for rezoning are an auto repair
and restoration business, a used car lot, the Muskegon County sewer lift
station, a Consumer Energy sub station, a former machine shop building,
and some properties owned by Michigan Shore Railroad.
8. The property split creates a parking issue for the building that will remain
on the new site. The seller would accommodate parking through an
easement that includes a strip of asphalt that measures 42 x 158.45 ft.
located behind the building. The number of spaces that would need to be
accommodated is ten.
9. Staff has received no comments regarding this request.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\953 E. Keating etc .. doc 6
-~-
Consumer's Sub Station- 875 E. Keating Restore-It-All- 905 E. Keating
2040 E. Getty Street 2010 & 2020 E. Getty Street
0:\Planning\COMMON\Zoning\City Commission Items\rczone\Approve\2005 Approvals\953 E. Keating etc ..doc 7
City of Muskegon
Planning Commission
Case# 2005-34
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RM-1 .. Low ran<ityMulliplo-F&mlly Ruklullal
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0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approvc\2005 Approvals\953 E. Keating ctc ..doc 8
RECOMMENDATION
Although the 1997 Master Plan Future Land Use Map shows certain parcels as
residential in the area north of E. Delano, possible contamination may make that
unlikely. In addition, the Master Plan also recommends "the area north of East
Barney Avenue, West of Madison Street, and south of East Delano Street should
be retained as mixed use residential", which will continue and is not effected by
the rezoning. Staff recommends approval of the request to rezone the subject
properties from I-2 to I-1, because the request conforms to the .goals and
recommendations ofthe City's 1997 Master Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed
which justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might
result from the approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide
adequate public services and facilities and/or programs that might
reasonably be required in the future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental
conditions or value of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted
Future Land Use Plan of the City?
6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed
structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest,
wetland, historic sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent
with those allowed in the vicinity?
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\953 E. Keating etc ..doc 9
c. Would the zoning change confer a benefit to the property
owner that is not generally available to other properties
in the area?
d. A spot zone is appropriate if it complies with the Master
Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located at 987, 953, 905, 895,
885, 875 E. Keating Avenue, 2010, 2020, & 2040 S. Getty Street, 950 E. Delano
Avenue, and 1020 & 900 E. Barney Avenue from I-2, General Industrial district
to I-1, Light Industrial district, as described in the public notice, be recommended
for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance)
with the intent of the City Master Land Use Plan and zoning district intent.
0:\P\anning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\953 E. Keating etc .. doc 10
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 25, 2005, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of the
following property from 1-2 "General Industrial" to I-1 "Light Industrial":
See Attachment A
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published~ Vt~mb t' r / , 2005 CITY OF MUSKEGON
By __~~~~~~~~-----
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. I 01-80400-5354
Commission Meeting Date: October 25, 2005
Date: October 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Rezoning request for property located at 2033 Lakeshore Dr.
SUMMARY OF REQUEST:
Request to rezone property owned by the City of Muskegon, located at 2033 Lakeshore
Drive, from RM-1, Low Density Multiple-Family Residential to B-2, Convenience and
Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITIEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/13
meeting. The vote was unanimous with T. Johnson and B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2005 Approvals\2033 Lakeshore.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2167
An ordinance to amend the zoning map of the City to provide for a zone change for
certain properties from RM-1 "Low Density Multiple-Family Residential" to B-2
"Convenience and Comparison Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from RM-1 "Low Density Multiple-Family Residential" to B-2
"Convenience and Comparison Business":
CITY OF MUSKEGONREVISED PLAT OF 1903LOT 1 BLK 636
This ordinance adopted:
Ayes: Gaw-ron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nayes:_N_o_n_e_ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ __ _ _ _ __
Adoption Date: _ _ _O_
ct_o_b_e_r_25_ ,;__2_0_0_5_ _ _
Effective Date: _ _ _N_o_vembe
_ _r_8..:....,_2_0__.0..;.5_ _ _
First Reading:_ ___
oc_t_o_b_e_r_25_,_ 2_0_0_5 _ _ _
Second Reading: ___
N/---A_ _ _ _ _ __ _ _
ail A. Kundinger, MMC
Clerk
CERTIFICATE
(Rezoning of 2033 Lakeshore Drive from RM-1 to B-2)
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City ofMuskegon, at a regular meeting of
the City Commission on the 25 1h day of October, 2005, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and
public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been m ade
available as required thereby.
DATED: _ _____,_, 1 2_
\ o=---r-:
l
=-lp
=----• 2005.
~n _Lck-F
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 13, 2005
Hearing; Case 2005-35: Request to rezone the property at 2033 Lakeshore Drive from
RM-1, Low Density Mnltiple-Family Residential to B-2, Convenience and Comparison
Business, by Helen Lorraine DeWald.
BACKGROUND
Applicant: Helen Lorraine DeWald
Property Address/Location 2033 Lakeshore Drive
Request: Rezone from RM-1, Low Density Multiple-Family
Residential to B-2, Convenience and Comparison Business
Present Land Use: Vacant/Commercial
Zoning: RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
I. The subject property is a vacant commercial building that most
recently housed a hair salon. Other previous uses include a restaurant and ice cream
shop. Although zoned RM-1, these uses had been allowed because the property
enjoyed grandfather status as a commercial property. The building wouldn't be
suitable for residential use.
2. The property has been the subject of a previous special use permit
to operate a restaurant in 2000. That project never went forward and the special use
petmit was dissolved later that same year.
3. Properties to the North are zoned B-4, General Business, to the
South the zoning is R-1, One Family Residential, to the East directly across Moon
Street, the zoning is B-2, Convenience and Comparison Business and to the West is
zoned RM-1, Low Density Multiple-Family Residential.
4. The proposed use is for an antique shop. The owner has a tenant
interested in moving into the building
5. There is no place in the Zoning Ordinance that allows antique
shops as a principal or special use. The next case will address adding antique shops
as a special use in the B-2 zone.
5
6. There is also no definition in the Zoning Ordinance for "antique
shops". That issue will be addressed as well, in a subsequent case at this meeting.
7. Staff received a call from Sally Pleimling, 2080 Cutler. She is in
favor of the request.
6
2033 Lakeshore Drive
View from Moon Street
View from Lakeshore Drive
7
City of Muskegon '
Planning Commission
Case# 2005·35 & 38 ·~·
111111 ~ Subjed Properl'/(ju)
0- Notice rue ..
"" 1400 f ...l
8
RECOMMENDATION
The 1997 Master Plan Future Land Use Map shows the property as "commercial". In
addition, the Master Plan also recommends "Maintain the Lakeside Business District as a
manageable compact area suitable for pedestrian movement". Staff recommends approval
of the request to rezone the subject properties from RM-1 to B-2 because the request
conforms to the goals and recommendations of the City's 1997 Master Plan
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
2. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.
3. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?
4. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in
the future if the petition is approved?
5. Does the petitioned zoning change adversely affect the environmental conditions or
value of the surrounding property?
6. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan of the City?
7. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built
such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland,
historic sites, or wildlife areas.
8. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner
that is not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
9
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 2033 Lakeshore Drive from RM-1,
Low Density Multiple-Family Residential district to B-2, Convenience and Comparison
Business district, as described in the public notice, be recommended for (approval/denial)
to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the
determination of (compliance/lack of compliance) with the intent of the City Master Land
Use Plan and zoning district intent.
10
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 25, 2005, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of the
following propetiy from RM-1 "Low Density Multiple-Family Residential" to B-2
"Convenience and Comparison Business" :
CITY OF MUSKEGONREVISED PLAT OF 1903LOT 1 BLK 636
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office ofthe
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours .
This ordinance amendment is effective ten days from the date of this publication.
Published Q c to bt' c o{ L , 2005 CITY OF MUSKEGON
By
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No . 101-80400-5354
Commission Meeting Date: October 25, 2005
Date: October 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..t:3C.
RE: Zoning Ordinance Amendment for Antique Shops
SUMMARY OF REQUEST:
Request to amend Section 1101 of Article XI (B-2, Convenience and Comparison Business
Districts) to add antique shops, under Special Land Uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add antique shops to the B-2,
Convenience and Comparison Business zoning district.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/13 meeting. The
vote was unanimous, with T. Johnson and B. Smith absent.
10/14/2005
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 13, 2005
Hearing; Case 2005-36: Staff initiated request to amend Section 1101, (Special Uses) of Article
XI (B-2, Convenience and Comparison Business Districts) of the City's Zoning Ordinance, to
add antique shops.
BACKGROUND
There is nowhere in the Zoning Ordinance in which an antique shop is allowed either as a principal or
special use. The B-2, Convenience and Comparison Business district does allow "stores selling
second hand merchandise" under special uses, but the store must be "associated with a bona fide
charitable organization". Aithough antiques could be considered "second hand merchandise" they are
somewhat specialized and usually associated more with quaint, tourist districts in "mainstreet" type
locations. Therefore, it seems to staff as if the best place to locate antique shops should also be within
a B-2 district as a special use. The definition of"antique shop" will be addressed in the following
case.
DELIBERATION
I move that the amendment to Section 1101, (Special Uses) of Article XI (B-2, Convenience and
Comparison Business Districts), be amended to add antique shops (new #13), be recommended to the
City Commission for (approval/denial).
0:\P\anning\COMMON\Zoning\City Commission Itcms\Amendments\2005 Amendments\Case 2005~36 B~2 antique shops.doc 2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2168
An ordinance to amend Section 1101 (Special Land Uses), of Article XI (B-2, Convenience and
Comparison Business Districts) of the City's Zoning Ordinance to add antique shops.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1101 (Special Land Uses), of Article XI (B-2, Convenience and Comparison Business
Districts) of the Zoning Ordinance of the City of Muskegon is hereby amended to add antique shops:
(New #13)
13. Antique Shops
(Renumbering)
14. Accessory buildings and accessory uses customarily incidental to any of the above Special Land
Uses Permitted.
15. Uses similar to the above Special Land Uses Pennitted.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nayes: None
Adoption Date:____
o_ct_o_b_e_r_25_,_2_0_0_5_ _ _ _ _ _ __
Effective Date:____N_o_ve_m_b_e_r_S-'-,_2_0_0_5_ _ _ _ _ _ __
First Reading:,_ __ _ oc_t_o_be_r_2_5_,_2_0_o_s_ _ _ _ _ _ __
Second Reading:_ _ _N/_A_ _ _ _ _ _ _ _ _ _ _ _ __
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City ofMuskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
251h day of October, 2005, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: ) o/2 ~ , 2005. Q_ _
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 25, 2005, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 1101 (Special Land Uses), of Article XI (B-2, Convenience and
Comparison Business Districts) of the City's Zoning Ordinance to add antique shops.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published QC fo /;e r c2 ( , 2005 CITY OF MUSKEGON
By __~~----~------------
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
0:\P\anning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amendments\Case 2005-36 B-2 antique shops.doc 5
Commission Meeting Date: October 25, 2005
Date: October 14, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development U/;G-
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to add a definition for "Antique Shop".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staffreconunends amendment of the Zoning Ordinance to add a definition for "Antique Shop".
COMMITTEE RECOMMENDATION:
The Planning Conunission reconunended approval of the amendment at their 10/13 meeting. The
vote was unanimous in favor of the amendment, with B. Smith and T. Johnson absent.
10/14/2005
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2169
An ordinance to amend Article II (Definitions) of the Zoning Ordinance to add a definition for
"Antique Shop".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) is hereby amended to include the following definitions for "Informational
Sign":
Antique Shop: A retail establishment which sells objects having special value because of age,
especially domestic items, or a piece of furniture or handicraft esteemed for its at1istry, beauty
or period of origin.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nayes: None
Adoption Date:_ _ _o_c_to_b_e_r_2_5..:.._,_2_0_0_5_ _ _ __ _ _ __
Effective Date: _ _ _N_o_v_em_be_r_8_,_ 2_0_0_5_ _ _ __ _ _ __
First Reading: ____o_ct_o_b_e_r_2_5_,_2_0_0_5_ _ _ _ _ _ _ __
Second Reading: _ __N_/_A_ _ __ _ _ __ _ _ __ __
Commission Meeting Date: October 25, 2005 - Zoning Ordinance Amendment for definition of"Antique Shop"
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon Cow1ty,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission ofthe City of Muskegon, at a regular meeting of the City Commission on the
25th day of October, 2005, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. . /
DATED: IDb-<. ,2005. ~ _Q _~J..v,.,.~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 25, 2005, the City Connnission of the City ofMuskegon adopted
an ordinance to amend Article II (Definitions) of the Zoning Ordinance to add a definition for
"Antique Shop".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Oc lodrr o.?'l , 2005 CITY OF MUSKEGON
By __~~~~--~~~---
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
4
0:\Pianning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amendments\Case 2005-37 Antique Shop
definition.doc
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 13, 2005
Hearing; Case 2005-37: Staff initiated request to amend Article II (Definitions) of the Zoning
Ordinance to add the defmition for "Antique Shop".
BACKGROUND
The selling of second hand merchandise is allowed in a B-2 zoning district under special use. The
store must be associated with a bona fide nonprofit organization. That would indicate that these stores
include such organizations as Goodwill and Rescued Treasures. They are typically well kept, well run
organizations. However, in November 2001 when these stores were added as a special use in the B-2
district, there were concerns with second hand stores in general, and so were added only with a special
use permit.
Since it is important to delineate between "stores selling second hand merchandise" and antique
shops, the following definition should be added to the Zoning Ordinance to avoid any confusion.
NEW LANGUAGE
Deletions are eressed out and additions are bold.
Antique Shop: A retail establishment which sells objects having special value because of age,
especially domestic items, or a piece of furniture or handicraft esteemed for its artistry, beauty
or period of origin.
DELIBERATION
I move that the amendment to Article II (Definitions), of the Zoning Ordinance to add a definitions
for "Antique Shop", be recommended to the City Commission for (approval/denial).
0:\Pianning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amendments\Case 2005-37 Antique Shop
5
definition.doc
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: October 25, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Clay Ave., Terrace St. to Spring St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Clay Ave., Terrace St.
to Spring St., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$37,383.25 would be spread against the seventeen- (17) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMEND/\ TION:
CITY OF MUSKEGON
Resolution No. 2005-98 (a)
Resolution Confirming Special Assessment Roll
For Clay Ave., Terrace St. to Spring St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 8, 2005, 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 constmction 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 Clay Ave., Terrace St. to Spring St.
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, Spa taro, Warmington, Carter, Davis, Gawron,
and Larson
Nays: ___N
_o_ n__
e ____________________________________________________
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 25, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 ofthe Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 25, 2005.
CityofM
L s gon
jchln . A
By __~--~~~ ==~~~~=~ ==~~~--
Gail A. Kundinger, MM
City Clerk
EXHIBIT A
CLAY AVE., TERRACE TO SPRING
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Clay Ave. between Terrace & Spring
SPECIAL ASSESSMENT DISTRICT FOR CLAY AVE.
EXHIBIT "A"
f
NO SCALE
BLAKE A \IE" (VAG)
CLAY AVE., TERRACE ST. TO SPRING ST.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1592 Clay Ave., Terrace to Spring St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX 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 DEPOSITlNG THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 14TH DAY OF OCTOBER 2005.
GAIL A. KUNDINGER, CITY CL
SUBSCRIBED AND SWORN TO BEFORE ME THIS
cJt-r), DAY OF O c t-o eca '2005.
~~dA _c{ _ ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9- c2 S:- 0 G
October 14, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
CLAY AVE., TERRACE ST. TO SPRING ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 25, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 25, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $251,000.00 of which
$36,866.88 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2112 based on 66 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2112 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $211.2 PER YEAR
Due Date: December 27'h, 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
(! .
t
.:1 1 1
/fJ'I
//1·-//t?, '>n~'j;tJ/{f(.
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) 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.
.lt~Add}tional Special Assessment Payment Assistanc11.
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
CLAY AVE. TERRACE. TO SPRING ST.- H-1592
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
.. HOUSEHOLD INFORMATION · ·. .
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( )No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
· .
. . . INCOME INFORMATION ·. .· ·..
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
•. PROPERTY INFORMATION •
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Propetty taxes must be current to qualify and will be verified by CDBG staff)
. . ·.
OWNER'S SIGNATURE . .·
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 tlue and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
. . ·.· ·. . FOROFFICE USE ONLY . . ·. ·.
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
CLAY AVE., TERRACE. TO SPRING ST ..
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[,Yote: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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 street 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
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address .
./ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verifj1 all application information, and to reject any applications that containfiilsified il?formation or insufficient
documental ion.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CLAY AVE., TERRACE ST. TO SPRING ST.
FAIR AVE., TORRENT ST. TO ADDISON ST.
AND
PARK ST., LAKETON AVE. TO YOUNG AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Clay Ave. from Terrace St. to Spring St.
All parcels abutting Fair Ave. from Torrent St. to Addison St.
And
All parcels abutting Park St. from Young Ave. to Laketon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 25, 2005 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: October 15, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\CLA Y AVE\Clay SA Confirm Notice.doc
CITY OF MUSKEGON
RECEIVED
CllY OF MUSKEGON
Resolution No. 2005-13(a)
L FEB 18 2005
Resolution At First Hearing Creating Special Assessment Di r c~INEERING DEPARTMENT
For Clay Ave., Terrace to Spring
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, 2005 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, 2005, there were 20.99% 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 Shepherd and Larson and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 21.07% 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 confitmation of the special assessment roll.
This resolution adopted.
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 8, 2005.
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 i\
CLAY AVE., TERRACE TO SPRING
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Clay Ave. between Terrace & Spring
SPECIAL ASSESSMENT DISTRICT FOR CLAY AVE.
EXHIBIT "A"
f
NO SCALE
~Q_vl/fj H 1592 HEARING DATE OCTOBER 25, 2005
~· CLAY AVE.,TERRACE ST. TO SPRING ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-175-0017-0 820.0 TERRACE ST 2006 C/W 24-205-175-0 820 TERRACE ST MUSKEGON Ml 49440 $2,112.00 $0.00 $2,112.00
24-205-175-0018-0 118.0 CLAY AVE VERIZON INC P 0 BOX 152206 IRVING TX 75015 $4,224.00 $0.00 $4,224.00
24-205-175-0020·0 98.0 CLAY AVE TAGHON DAVID A TRU 2570 NESTROM RD MUSKEGON Ml 49445 $912.00 $0.00 $912.00
24-205-175-0020-1 789.0 PINE ST 2006 C/W 24·205-175-0 2278 SOUTHWOOD MUSKEGON Ml 49441 $1,657.28 $0.00 $1,657.28
24-205-174-0009-0 28.0 CLAY AVE WITT LEEA 1501 RUDDIMAN DR MUSKEGON Ml 49445 $2,112.00 $0.00 $2,112.00
24-205-174-0011-0 28.0 CLAY AVE 2006 C/W 24-205-174-0 1501 RUDDIMAN DR MUSKEGON Ml 49445 $4,224.00 $0.00 $4,224.00
24-205-176-0006-0 860.0 TERRACE ST VERIZON INC P 0 BOX 152206 IRVING TX 75015 $2,560.00 $0.00 $2,560.00
24-205-176-0005-0 121.0 CLAY AVE THE JILLIAN & JORDA 675 RICHMOND NW GRAND RAPID Ml 49504 $2,368.00 $0.00 $2,368.00
24-205-176-0004-0 111.0 CLAY AVE VERIZON INC P 0 BOX 152206 IRVING TX 75015 $2,096.00 $0.00 $2,096.00
24-205-176-0003-0 103.0 CLAY AVE NOORDYK WILLIAM 2700 KENOWA NW GRAND RAPID Ml 49544 $1,424.00 $0.00 $1,424.00
24-205-176-0002-0 97.0 CLAY AVE VERIZON INC P 0 BOX 152206 IRVING TX 75015 $1,216.00 $0.00 $1,216.00
24-205-176-0001-0 91.0 CLAY AVE VERIZON INC P 0 BOX 152206 IRVING TX 75015 $985.60 $0.00 $985.60
24-205-176-0001-1 85.0 PINEST VERIZON INC P 0 BOX 152206 IRVING TX 75015 $1,011.20 $0.00 $1,011.20
24-205-177-0005-0 794.0 PINE ST PERRI ALFRED J TRU 794 PINE ST MUSKEGON Ml 49441 $2,707.20 $0.00 $2,707.20
24-205-177-0004-0 43.0 CLAY AVE NW MILL REAL ESTAT 820 PINE MUSKEGON Ml 49442 $1,977.60 $516.37 $2,493.97
24-205-177-0003-0 39.0 CLAY AVE JOLMAN JOHN W/KAT 2552 WHITE MUSKEGON Ml 49444 $1,056.00 $0.00 $1,056.00
24·205-177-0001-0 25.0 CLAY AVE PRI PER INVESTMENT 794 PINE ST MUSKEGON Ml 49442 $4,224.00 $0.00 $4,224.00
10/26/2005
Page i of 2
H 1592 HEARING DATE OCTOBER 25, 2005
CLAY AVE.,TERRACE ST. TO SPRING ST.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS ... $36,866.88 $516.37 $37,383.25
PLEASE NOTE: PARCELS SHOWING $0.00 !N THE TOTAL COLU MN ARE EXEMPl
BOARD OF ASSESSORS
LAR~~eOR,COUNTY EQUALIZAT:a{J~~f<?~
~ //-d -~~
CLARA, SHEJ D CITY COMMISSIONER DATE
liu/_c7 -z?WA'l YV /~ ~ 2cS -~ s;;-
BILL LARSON CITY COMMISSIONER DATE
10/26/2005
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: October 25, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Fair Ave., Torrent St. to Addison St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Fair Ave., Torrent St.
to Addison St., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$18,028.40 would be spread against the twenty-five- (25) 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. 2005-98 (b)
Resolution Confirming Special Assessment Roll
For Fair Ave., Torrent St. to Addison St.
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 22, 2005, 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 (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Fair Ave. Torrent St. to Addison St.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Warmington, Carter, Davis, Gawron , Larson,
Shepherd, and Spataro
Nays: __~N_o_n_e____________________________________________________
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 25, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 25, 2005.
EXHIBIT A
Fair St., Torrent to Addison
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Fair St. from Torrent to Addison.
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FAIR AVE., TORRENT ST. TO ADDISON ST.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1598 Fair Ave., Torrent St. to Addison St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX 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 14TH DAY OF OCTOBER 2005.
- !JL
GAIL A. KUNDINGER, CITY C
SUBSCRIBED AND SWORN TO BEFORE ME THIS
cY'f ,..~ DAY OF 0 c To .6 e r , 2005.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES ? - O<~-- o 0
October 14, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITYON, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
FAIR AVE., TORRENT ST. TO ADDISON ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 25, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 25, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $115,000.00 of which
$18,028.40 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $457.49 based on 35.3 feet assessable front footage at $12.96 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $457.49 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $45.75 PER YEAR
Due Date: December 2Th, 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
A ~ .'' ~ 1:~ ;/j'
- /)/.:;fat1WJtL?::/4/!/1<- -1::1_
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment 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 (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned} must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
FAIR AVE., TORRENT ST. TO ADDISON ST.- H-1598
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. HOUSEHOLD INFORMATION
·.
. ..· .. .
••
.··· Social Security # _ _-_ _-_ _
Name: - Birth date:
Spouse: Birth date: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birth date Social Security # - -
.· .··. ·. . INCOME INFORMATION •
. .... · . .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
·. .· . .
. . . . . . PROPERTY INFORMATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Propetty taxes must be cmTent to qualify and will be verified by CDBG staff)
. .. . • ·...
. ·· .· OWNER'SSIGNATURE . .
• •••
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 suppm1 of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's si1,'11atnre will be required prim· to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONI<IRMA TION
. ·.
... ·· ....•. · FOROFFICE USE ONLY .. .· .. ...
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT"*
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
FAIR AVE. TORRENT ST. TO ADDISON ST.
REOUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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 street assessment for you to the extent that funds are available.
Application Requirements:
v' 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
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
I· 65% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
v' 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.
v' 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 furthe1· information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resen,es the right to verify all application b~formation, and to reject any applications that contain falsified information or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CLAY AVE., TERRACE ST. TO SPRING ST.
FAIR AVE., TORRENT ST. TO ADDISON ST.
AND
PARK ST., LAKETON AVE. TO YOUNG AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Clay Ave. from Terrace St. to Spring St.
All parcels abutting Fair Ave. from Torrent St. to Addison St.
And
All parcels abutting Park St. from Young Ave. to Laketon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 25, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00 a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: October 15,2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\CLA Y AVE\Clay SA Confirm Notice.doc
CITY OF MUSKEGON RECEIVED
CITY OF MUSKEGON
Resolution No. 2005-19(c)
Lc MAR 08 2005
E;NG.INEERlNG DEPARTMENT
Resolution At First Hearing Creating Special Assessment
For Fair Street, Torrent to Addison
(Keep width at 20 feet)
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 22, 2005 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 22, 2005, there were 43.25% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Gawron and Davis and the City Assessor who are hereby directed to
prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 20.74% ofthe cost ofthe 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: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
CITY OF MUSKEGON
By ~O- ~~~
Gail A. Kundinger, Cler
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 22, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~~Qdi~~
Oot 25 05 11:49.a Cit~ Of Muskegon Engineer 2317276904 p. 1
October 21 2005
I
<<OWNERS_NAME»
<<OWNERS_ADDRESS»
«OWNERS_CITY», «OWNERS STATE>> «OWNERS ZIPCODE»
«NUMBER»
Property Parcel Number: <<P_NUM>> at <<COMBINED_ADDRESS >>
CANCELLATION OF HEARING TO CONFIRM SPECIAL
ASSESSMENT ROLL
Dear Property Owner:
The meeting for the Special Assessment Confirmation Hearing for the PARK
ST., YOUNG AVE, TO LAKETON AVE. project (originally scheduled for
October 25, 2005) has been postponed.
You will be notified of the new date in the very near future.
We apologize for your inconvenience.
Sincerely,
Mohammed AI-Shatel PE I
City Engineer
TO: Honorable Mayor and City Connnissioners
FROM: Engineering
DATE: October 25, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Park St., Young Ave. to Laketon Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Park St., Young Ave. to
Laketon Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $44,743.59 would be spread against the eleven- (11) 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. _ _ _ _ _ __
Resolution Confirming Special Assessment Roll
For Park St., Young Ave. to Laketon Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 8, 2005, at the
tirst hearing.
2. The City has reviewed the special assessment roll which purpotis to levy a special
assessment in the said district, levying on each prope1iy a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed prope1iies, and the policies of the City.
3. The City Commission has received tina! bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Park St., Young Ave. to Laketon Ave.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: __________________________________________________________
Nays: _______________________________________________________
City of Muskegon
By __________________________
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 25, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 25, 2005.
City of Muskegon
By __________________________
PARK ST., YOUNG AVE. TO LAKETON AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEGON
BY~--~~~~~~~~~----
STEPHEN J. WARMINGTON
October 14, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-131-200-0004-00 at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
PARK ST.,YOUNG AVE. TO LAKETON AVE.
fypfjg Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 25, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED OCTOBER 25, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $179,000.00 of which
$44,7 43.59 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2430 based on 100 feet assessable front footage at $24.3 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2430 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $243 PER YEAR
Due Date: December 27'", 2005
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) 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 (1 0) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current. and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
PARK ST, YOUNG AVE. TO LAKETON AVE.- H-1588
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
• . .· .·
. .. · . HOUSEHOLD INFORMATION
Name: Birthdate: .__ Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
. ..
. .
. ·· . ·. . .
INCOME INFORMATION .·· . . . . .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
\\'age earner:
Total: $
. .• PROPERTYINFORMATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
. ... .
. .. OWNER'S SIGNATURE . · . . .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all infonnation furnished in support ofthis application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
.·· · .. · . ·. ..
FOR OFFICE USE ONLY .. . .· . ··. .· .
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
PARK ST., YOUNG AVE. TO LAKETON AVE.
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[Note: You may receive this application several times- If you have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street 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 street assessment for you to the extent that funds are available.
Application Requirements:
./ Applicants must submit proof that their total household income docs 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
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ 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 cut-rent 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
Muskcgon,MI49440
For further information, please contact this otlice by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City resen,es the right to verify all application infbrmation, and to reject any applications that contain fals(fied infOrmation or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CLAY AVE., TERRACE ST. TO SPRING ST.
FAIR AVE., TORRENT ST. TO ADDISON ST.
AND
PARK ST., LAKETON AVE. TO YOUNG AVE.
The location of the special assessment district and the properties proposed to be assessed are:
All parcels abutting Clay Ave. from Terrace St. to Spring St.
All parcels abutting Fair Ave. from Torrent St. to Addison St.
And
All parcels abutting Park St. from Young Ave. to Laketon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on October 25, 2005 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
PUBLISH: October 15, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\CLA Y AVE\Clay SA Confirm Noticc.doc
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON L FEB 18 2005
Resolution No. 2005-B(b) ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Park St., Laketon to Young
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 8, 2005 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, 2005, there were 88.03% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning ofbond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Spataro and Warmington and the City Assessor who are hereby directed
to prepare an assessment roll. Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.25% 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: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 8, 2005.
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
PARK STREET, LAKETON TO YOUNG
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Park Street between Laketon & Young
SPECIAL ASSESSMENT DISTRICT FOR PARK STREET
EXHIBIT "A"
t
NO SCALE
.
LAKETON AVf: 7 , __ _,LAKETON AVf:
VACAJED
'------,
LJLJI
ASSESSMENT DISTRICT
H 1588 HEARING DATE OCTOBER 25, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-131-1 00-0005-0 491.0 LAKETON AVE ST MARYS CEMETERY PO BOX 4905 MUSKEGON Ml 49444 $15,340.59 $0.00 $15,340.59
24-131-200-0004-0 391.0 LAKETON AVE SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $2,430.00 $0.00 $2,430.00
24-131-200-0001-0 1850.0 PARK ST LOVE JASPER 1850 PARK ST MUSKEGON Ml 49441 $8,772.30 $0.00 $8,772.30
24-131-200-0002-0 1880.0 PARK ST SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $4,009.50 $0.00 $4,009.50
24-131-200-0003-0 1922.0 PARK ST GREATER MUSK TRA 1922 PARK ST MUSKEGON Ml 49441 $5,832.00 $0.00 $5,832.00
24-290-001-0001-1 1956.0 PARK ST GREATER MUSK TRA 1922 PARK ST. MUSKEGON Ml 49441 $2,405.70 $0.00 $2,405.70
24-290-001-0003-0 1968.0 PARK ST GORAJEC GEORGE 2135 LINCOLN PK DR MUSKEGON Ml 49441 $2,430.00 $0.00 $2,430.00
24-290-001-0005-0 1974.0 PARK ST STATE OF MICHIGAN 430 WEST ALLEGAN F LANSING Ml 48922 $0.00 $0.00 $0.00
24-290-001-0006-0 1978.0 PARK ST KITCHEN JAMES JRIM 1164 SANFORD ST MUSKEGON Ml 49441 $1,093.50 $0.00 $1,093.50
24·290-001-0007 -0 1988.0 PARK ST OLIVAREZ ALEJANDR 3510 W SKEELS RD A MONTAGUE Ml 49437 $1,215.00 $0.00 $1,215.00
24-290-001-0008-0 1996.0 PARK ST KIEFT HENRY B 1996 PARK ST. MUSKEGON Ml 49441 $1,215.00 $0.00 $1,215.00
10/18/2005
Page 1 of 2
H 1588 HEARING DATE OCTOBER 25, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $44,743.59 $0.00 $44,743.59
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
LARRY MILLARD, ACTING DIRECTOR, COUNTY EQU DATE
LAWRENCE SPATARO CITY COMMISSIONER DATE
STEPHEN WARMINGTO CITY COMMISSIONER DATE
.,
10/18/2005
Page 2 of 2
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1588 Park St. , Young Ave. to Laketon Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LASTTAX 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 14th DAY OF 0 TOBER 2005.
~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
If\ DAYOF Q~ ,2005.
~ Q.,_____ kw~~ IL.::
NOT A Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES S- \~ .. ~~~
Commission Meeting Date: October 25, 2005
Date: October 17, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate- ReSource Industries
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, ReSource Industries, 1485 S. Getty, has
requested the issuance of an Industrial Facilities Exemption Ce1tificate for the property
located at 1485 S. Getty, Muskegon. The total capital investment is approximately
$159,400 in personal property. This request qualifies ReSource Industries for a 6-year
exemption for personal prope~iy. ReSource Industries current workforce is 42.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Ce1tificate for a tenn of six (6) years for personal property.
COMMITTEE RECOMMENDATION:
None
Page I
'llSKU~O\
c City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
ReSource Industries, an existing manufacturing company located at 1485 S. Getty, Muskegon,
Michigan, is installing new machinery and equipment to expand its present operation. Due to the fact that
the company is investing $159,000 in personal property it is eligible for a six (6) year exemption for
personal property.
Employment Information:
Racial Characteristics:
White 28
Minority 14
Total 42
Gender Characteristics:
Male 26
Female 16
Total 42
Total No. of Anticipated New Jobs: 4
Investment Information:
Real Property: $-0-
Personal Property $ 159,400
Total: $ 159,400
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $4064 $ 876
Value of Abatement $2032 $ 438
Total New Taxes Collected $2032 $ 438
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $1248
Company Requirements:
Adopted Affirmative Action Policy
Meeting w/ City Affirmative Action Director
Signed Tax Abatement Contract
~:
vYes
No
No
No
Taxes Paid In Full v'Yes No
Yes vNo
/ .
/ i.'.'! ...
(\_t~"i)
. ~0' I
/jt'
Resolution No. 2005-98 (d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
RESOURCE INDUSTRIES
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
October 25, 2005, this Commission by resolution established an Industrial Development
District as requested by ReSource Industries, 1485 S. Getty, Muskegon, Michigan 49441;
and
WHEREAS, ReSource Industries has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to a building expansion and 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 October 25, 2005, at the Muskegon City Hall in Muskegon,
Michigan at 5:30p.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, the 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 prope1iy exempt fi·om 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 prope11y thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
I) The Muskegon City Commission finds and detennines that the Ce1iificate
considered together with the aggregate amount of ceiiificates 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 prope1iy taxes in the City of Muskegon.
2) The application of ReSource Industries, for the issuance of an Industrial
Facilities Tax Exemption Ce11ificate with respect to the building expansion
and installation of new machine1y and equipment on the following desci;bed
parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGONREVISED PLAT 1903MUSKEGON VALLEY FURNITURE
COMPANCY SUB OIVTHAT PT OF BLK 98 OESC AS BEG AT THE NE COR OF
LOT 15 BLK 2 TH S 320 05M OOS W ALG SLY LN OF SO LOT 110.50 FT T H N 570
55M OOS W 174FT TH S 320 05M OOS W 161 FT TH S 390 32M OOS W 113.45 FTTH
S SOD 09M 32S E 228.02 FTTH S 800 04M 58S E 202.84 FT TH N 000 25M OOS W
ALG W ROW OF GETTY ST 393.12 FTTH N 570 55M OOS W ALG THE SLY LN OF
LOUIS AVE 15FT TO THE POBALSO BEG AT THE SLY COR LOT 15 BLK 2 TH N
570 53N 22S W 174FT ALG SWL Y LN SO SUBDlV FOR POB TH S 320 31M ISS
W 161 FTTH S 390 19M 14S W I06.32 FT TH N 100 09M 56S E 297.29 FT TO
SWLY LN BLK 2 TH S 570 53M 22S E 121.86 ALG SWLY LN BLK 2 TO POB
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and
remain in force and effect for a petiod of six (6) years on personal property.
Adopted this 25 1h Day of October 2005
Ayes: Davis, Gawron, Larson, Shepherd , Spataro, Warmington,
and Carter
Nays: None
Absent: None
_:,:.~~~-~~~~~~
Gail Kundinger, MMC
Clerk
CERTIF ICATION
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 October 25, 2005. J
~~ ~
Gail Kundinger, MMC
Clerk
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933
TeJTace Street, Muskegon, Michigan 49441, ("City") and RESOURCE INDUSTRIES
("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or indus!Iial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company's subsequent
anticipated application for an industrial facilities exemption cettificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, pro petty owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City's detennination whether or not to create the
district.
C. The Company intends to install the project set forth in its application ("project")
which it believes qualifies for the process of establishing the district and the application
for indus!Jial facilities exemption certificate.
D. The City, provided this Agreement is executed, will detennine whether to create
the district based upon the potential for the production of pennanent jobs, the
continuation, stabilization or increase of economic activity, planning and zoning
considerations and the City's general plan and intentions regarding economic
development. In addition to the City policy considerations and predictions that the
Company's proposed district and certificate benefit the community in those ways, the
City has further detennined that the contractual commitments made by the Company to
thereby assist the community shall be binding on the Company and necessary to continue
the tax exemption made possible by the cettificate.
E. This contract shall become effective upon the issuance of an Industrial Facilities
Tax Exemption Cettificate.
NOW THEREFORE THE PARTIES AGREE:
I. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
Page I
1.1 That I 00% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years tl·om the date of the granting
of the certificate by the State Tax Commission, subject to the provisions of
section 3.4 of this agreement.
1.2 That the amount of jobs listed on the application, whether new or retained,
will be maintained through the life of the abatement, subject to the
provisions of section 3.4 of this a!,•Tcement.
1.3 The Company shall meet the affinnative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City
Commission on or before the date two (2) years after the granting of the
certificate by the State Tax Commission. It shall maintain the said levels of
employment diversity during the period of the certificate, subject to the
provisions of section 3.4 of this agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment
of$159,400 in the equipment and improvements as shown in the application,
subject to the provisions of section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of
granting of the ce1iificate by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs,
investment, the meeting of all goals and the timely installation and utilization
of equipment and improvements. The City shall be entitled to inspect at
reasonable hours the Company's premises where the said improvements and
equipment have been installed and where the said jobs are perfonned.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affinnative action goals, production
and utilization of the improvements and equipment at the site where the
district has been created and for which the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the
City. It shall report any releases to the appropriate governmental authmity in
a timely and complete manner, and provide copies of said report
documentation to the City. It shall comply with all orders and actions of any
governmental agency having authority.
Page 2
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
1.11 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the tenn of the
certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
fmiher provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
detennine in a public meeting to whether to create the district and whether to receive,
process, and approve thereafter the Company's application for an industrial facilities
exemption certificate. The City may consider this contract in a meeting separate from
and prior to the meeting in which the City considers the creation of the district and/or
approval of the application for cmiificate. Further, the City shall require the submission
of this contract signed by the Company together with its applications, before creating the
district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby, unless the company can show that there has
been a loss of revenue and employment due to circumstances beyond the control
of the company. In order to make that showing the company shall have the
burden of supplying, to the City's satisfaction, complete and convincing
documentation suppotiing and justifying reductions in investment, failures to
attain affinnative action goals or job losses, such as, without limitation, written
evidence oflost contracts, accounting infonnation showing reduced revenues due
to the loss of business, (not due to diversion of production to affiliate companies
or divisions of the company), production records showing reduced quantities over
significant periods of time, and such other information required by the City to
support the Company's claim that the failure to invest, failure to achieve
affinnative action goals, or loss of jobs should not fonn the basis for a finding of
default.
Page 3
3.5 The bankruptcy or insolvency ofthe Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company's property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3. 7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. 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:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as detennined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the 1FT ce1iificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year pe1iod shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
Page 4
equipment shall be placed on the regular tax roll, unless the company can show,
through receipts, etc. that the cost of the equipment was actually less than the
amount estimated by the company (i.e., the same equipment was purchased as
listed in the 1FT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced, unless the company can show that the loss of jobs, or inability to hire as
many people as expected, is due to circumstances beyond the control of the
company (such as an economic downturn).
4.5 Affinnative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affinnative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to ~>Tounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company 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 and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered.
5. Governing Law. This A~>Teement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
perfonned within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
Page 5
and----------------------
Its __________________
Page 6
ReSource Industries
1485 S. Getty
Muskegon, MI
Affirmative Action Plan
ReSource Industries management will work with the City of Muskegon's Affi1mative Action
Director and the Planning Depmiment regarding updating, improving, and maintaining an
Affirmative Action Plan. The Company will address the plan as follows:
Policy Statement
Whereas, it is the policy of ReSource Industries to provide equal employment opportunity in its
workforce on the basis of merit, without discrimination because of race, color, religion, sex,
national origin, age, disability, weight, height, veterans, or marital status; and
Whereas, ReSource Industries has provided a section in the Aftinnative Action Plan prohibiting
discrimination of minorities and females in the company's workforce; and
Whereas, a review of the company's workforce will continue to be a priority regarding minority
and women representation in ReSource Industries as we build the growth of our Company; and
Whereas, the company desires to strengthen its present workforce to eliminate any and all
barriers, which may prohibit full pmiicipation by minorities and women in the workforce at
ReSource Industries ;
NOW, THEREFORE, BE IT RESOLVED, that ReSource Industries will work to interview
quahtled minority and women candidates from the greater Muskegon area to become pmi of the
company in the future.
BE IT FURTHER RESOLVED, that ReSource Industries will work to interview any minority
and women who meet the minimum qualifications to participate in the company's workforce.
Goals of ReSource Industries Affirmative Action Plan
1. All persons who meet the qualifications described on all job descriptions will be given an
oppmiunity to fill out an application.
2. Recruitment will include minorities and women's groups. Adve11ising for job vacancies will
include the neighborhoods of Muskegon's inner city as well as other means of reaching out
for minority and women applicants for job oppmiunities in our company.
3. ReSource Industries will establish a plan to monitor the workforce and the effectiveness of
the Aftinnative Action Plan with regard to job oppmiunities for minorities and women on a
semi-annual basis.
Affinnative Action Plan adopted this __!2_ day o, Cc-IC'l)ef?._
l . .
f 21Title~ ~Ctliit y
r? _
r ti.<':<f.,rfi.AJ '
Re-Source Industries, Inc. Racial and gender breakdown as of I 0/10/05
Following is our current racial I gender breakdown.
White Male 19
White Female - 9
- ..
Black Male 5
Black Female -5
Hispanic Male -1
Hispanic Female -1
Other Male - I
Other Female -I
Total Males - 26
Total Females - 16
Please note that at the time of our move to Muskegon 20 months ago from Coopersville
we had only 2 minority employees. ( Coopersville has an almost entirely white
population) also note that our family comprises a total of 5 white employees , 3 male 2
female that are included in the above numbers.
Please feel free to contact me if you have any questions.
Commission Meeting Date: October 25, 2005
Date: October 18, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Resolution for Class C Liquor License
for Ciggzree Morris
SUMMARY OF REQUEST: To hold a public hearing on the request for a
Class C Liquor License for Ciggzree Morris. The request is necessary due
to a lack of available liquor licenses in the City of Muskegon. The Liquor
Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue
for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing but delay action
on approval , since the DDA has not yet approved the resolution.
COMMITTEE RECOMMENDATION: The Downtown Development
Authority was scheduled to meet on October 18, 2005, but did not have a
quorum.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution concerning the issuance of a Development District On-Premise Liquor License
pursuant to Sections 521 of the Liquor Control Code of 1998.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Ciggzree Morris has applied for a Development District On-Premise Liquor License for
the premises at 790 TetTace Street.
2. It is required that the Downtown Development Authority and the City Commission
approve the issuance of such license before application may be made to the Michigan
Liquor Control Commission.
3. A hearing was held on October 18, 2005, at a of the DDA, and the said hearing was
publicly noticed in The Muskegon Chronicle, and mailed to the neighborhood association
involved, as well as the applicant. Public notice was determined by the DDA to be
sufficient.
4. A hearing was held October 25, 2005, at the regular meeting of the City Commission.
Notice was mailed and deemed satisfactory.
DDA Findings
The DDA found the following facts to be true, based upon the application and the materials
placed before the DDA in the public hearing:
I. The business shall be a full service restaurant, which prepares food on the premises, and
shall be open to the public.
2. The business will be open for food service not less than ten (10) hours per day five (5)
days per week.
3. At least 50% of the gross receipts of the business will be derived from the sale of food for
consumption on the premises. "Food" does not include beer or wine.
4. The business has dining facilities that will seat more than twenty-five (25) persons.
5. The business is located in the Downtown Development Authority's Development
District, which has a population of less than 50,000. The District is duly established
under 1975 PA 197.
6. The DDA, after hearing, has found that the issuance of the license will prevent further
deterioration within the Development District and will promote economic growth within
the Development District.
7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued
all appropriate on-premise licenses that are available under Section 531 (I) of the Liquor
Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate
on-premise escrowed license is not readily available in the City of Muskegon, where the
entire Development District is located. The DDA has found that such license is not
readily available, taking into account all appropriate economic feasibility factors,
including the fair market value of any such license, which is not determinable, for the
reason that no such license is available after diligent inquiry by the applicant. Further,
the DDA has considered the size and scope of the proposed operation and applicant's
efforts to purchase a license. No sale of any such license has been offered or available.
8. The DDA, after public hearing, held after notice on October 18, 2005, has approved the
issuance of the said Development District On-Premise license.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission has reviewed the findings of the DDA and held its own hearing,
and concurs with the findings of the Downtown Development Authority, and approved in
concurrence with the Authority that the Class C license should be issued to Ciggzree
Morris at 790 Terrace Street. The City Commission recommends to the Liquor Control
Commission the issuance of the said requested license.
This resolution passed.
Ayes ________________________________________________________________
Nays ________________________________________________________________
CITY OF MUSKEGON
By ____________________
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 25,
2005. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ____________________
Gail A. Kundinger, MMC
City Clerk
AGENDA ITEM NO._ _ _ __
CITY COMMISSION MEETING_ _ _ __
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Kenneth D. Grant, Income Tax Administrator~
DATE: October 13, 2005
RE: Social Security Privacy Policy
SUMMARY OF REQUEST:
The adoption of a policy which protects the confidentially of social security numbers, as
required by State of Michigan's Social Security Act (Act 454 of2004)
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approvalrecornrnended
COMMITTTEE RECOMMENDATION:
2005-99(b)
CITY OF MUSKEGON
Social Security Number Privacy Policy
Effective Date: January 1, 2006
I. Purpose
Pursuant to the Michigan Social Security Number Privacy Act, it is the policy of the City
of Muskegon to protect the confidentiality of social security numbers. No person shall
knowingly acquire, disclose, transfer, or unlawfully use the social security number of any
employee or other individual unless in accordance with the procedures and rules
established by this policy.
II. Administrative Procedures/Rules:
A. Public Display
More than 4 sequential digits of a social security number shall not be placed on
identification cards, badges, time cards, employee rosters, bulletin boards, or any other
materials or documents designed for public display. Documents, materials, or computer
screens that display more than 4 sequential digits of a social security number or other
sensitive information shall be kept out of public view at all times.
B. Access to Social Security Numbers
Only authorized persons shall have access to social security numbers.
C. Mailed or Transmitted Documents
City documents containing more than 4 sequential digits of a social security number shall
only be sent in cases where state or federal law, rule, regulation, or court order or rule
authorizes, permits or requires that a social security number appear in the document.
Documents sent through the mail containing social security numbers shall not reveal the
number through the envelope window or otherwise be visible from outside the envelope
or package. Social security numbers shall not be sent through email unless the connection
is secure or the number is encrypted. No individual shall be required to send more than 4
sequential digits of his or her social security number through email unless the connection
is secure or the number is encrypted.
D. Public Records
Where a social security number is contained within a document subject to FOIA release,
the social security number shall be redacted.
E. Storage and Disposal
All documents or files that contain social security numbers shall be stored in a physically
secure marmer. Social security numbers shall not be stored on computers or other
electronic devices that are not secured against unauthorized access. Documents or other
materials containing more than 4 sequential digits of a social security number shall not be
thrown away in the trash; they shall be discarded or destroyed only in a marmer that
protects their confidentiality, such as shredding.
F. Information Collected
Social security numbers should only be collected: 1) to verify an individual's identity, 2)
to investigate an individual's claim, credit, criminal or driving history, 3) to administer
employee benefits, or 4) where required by federal and state law or as otherwise
permitted under the Michigan Social Security Number Privacy Act. If a unique identifier
is needed, then a substitute for the social security number shall be used where practicable.
Whenever the City collects a social security number, it shall inform the individual of the
purpose for the collection, the intended use, whether the law requires the number to be
provided, and the consequence for not providing the number.
G. Accountability
Any person who fails to comply with this policy shall be subject to discipline up to and
including discharge.
Adopted: October 25 , 2005
SOCIAL SECURITY NUMBER PRIVACY ACT
Act 454 of 2004
AN ACT to establish the social security number privacy act in the state of Michigan; to prescribe penalties;
and to provide remedies.
History: 2004, Act 454, Eff. Mar. I, 2005.
The People of the State of Michigan enact:
445.81 Short title.
Sec. 1. This act shall be known and may be cited as the 11 Social security number privacy act".
History: 2004, Act 454, Eff. Mar. 1, 2005.
445.82 Definitions.
Sec. 2. As used in this act:
(a) "Child or spousal support" means support for a child or spouse, paid or provided pursuant to state or
federal law under a court order or judgment. Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity act, 1956 PA 205, MCL
722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to
722.730.
(vii) A surcharge paid under section 3a of the support and parenting time enforcement act, 1982 PA 295,
MCL 552.603a.
(b) 11 Computer", "computer network 11 , or 11computer system 11 mean those terms as defined in section 2 of
1979 PA 53, MCL 752.792.
(c) "Internet" means that term as defined in 47 U.S.C. 230.
(d) "Mailed" means delivered by United States mail or other delivery service that does not require the
signature of recipient indicating actual receipt.
(e) 11Person 11 means an individual, partnership, limited liability company, association, corporation, public or
nonpublic elementary or secondary school, trade school, vocational school, community or junior college,
college, university, state or local governmental agency or department, or other legal entity.
(d) "Publicly display" means to exhibit, hold up, post, or make visible or set out for open view, including,
but not limited to, open view on a computer device, computer network, website, or other electronic medium or
device, to members of the public or in a public manner. The tenn does not include conduct described in
section 3(l)(b), (c), or (f).
(e) "Title IV-D agency" means that term as defined in section 2 of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.602.
(f) "Vital record" means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL
333.2805.
(g) 11 Website11 means a collection of pages of the world wide web or internet, usually in HTML format,
with clickable or hypertext links to enable navigation from I page or section to another, that often uses
associated graphics :files to provide illustration and may contain other clickable or hypertext links.
History: 2004, Act 454, Eff. Mar. 1, 2005.
Compiler's note: In subdivision (b), the phrase "mean those tenns" evidently should read "means those tenns."
Following the first occurrence of subdivision (e), subdivision (d) should evidently be designated subdivision (f), subdivision (e)
should evidently be designated subdivison (g), subdivison (f) should evidently be designated (h), and subdivison (g) should evidently be
designated (i).
445.83 Prohibited use of social security number of employee, student, or other individual;
exceptions.
Sec. 3. (I) Except as provided in subsection (2), a person shall not intentionally do any of the following
with the social security number of an employee, student, or other individual:
(a) Publicly display all or more than 4 sequential digits of the social security number.
(b) Subject to subsection (3), use all or more than 4 sequential digits of the social security number as the
primary account number for an individual. However. if the person is using the social security number under
Rendered Wednesday, October 05, 2005 Page 1 Michigan Complied Laws Complete Through PA 120, and 125 of
2005
© Legislative Council, State of Michigan Courtesy of WWl.v.legislature.mi.gov
subdivision (c) and as the primary account number on the effective date of this act, this subdivision does not
apply to that person until January I, 2006.
(c) Visibly print all or more than 4 sequential digits of the social security number on any identification
badge or card, membership card, or permit or license. However, if a person has implemented or implements a
plan or schedule that establishes a specific date by which it will comply with this subdivision, this subdivision
docs not apply to that person until January I, 2006, or the completion date specified in that plan or schedule,
whichever is earlier.
(d) Require an individual to use or transmit all or more than 4 sequential digits of his or her social security
number over the internet or a computer system or network unless the connection is secure or the transmission
is encrypted.
(e) Require an individual to use or transmit all or more than 4 sequential digits of his or her social security
number to gain access to an internet website or a computer system or network unless the connection is secure,
the transmission is encrypted, or a password or other unique personal identification number or other
authentication device is also required to gain access to the internet website or computer system or network.
(f) Include all or more than 4 sequential digits of the social security number in or on any document or
information mailed or otherwise sent to an individual if it is visible on or, without manipulation, from outside
of the envelope or packaging.
(g) Subject to subsection (3), beginning January I, 2006, include all or more than 4 sequential digits of the
social security number in any document or information mailed to a person, unless any of the following apply:
(i) State or federal law, rule, regulation, or court order or rule authorizes, permits, or requires that a social
security number appear in the document.
(ii) The document is sent as part of an application or enrollment process initiated by the individual.
(iii) The document is sent to establish, confirm the status of, service, amend, or terminate an account,
contract, policy, or employee or health insurance benefit or to confirm the accuracy of a social security
number of an individual who bas an account, contract, policy, or employee or health insurance benefit.
(iv) The document or information is mailed by a public body under any of the following circumstances:
(A) The document or information is a public record and is mailed in compliance with the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(B) The document or information is a copy of a public record filed or recorded with a county clerk or
register of deeds office and is mailed by that office to a person entitled to receive that record.
(C) The document or information is a copy of a vital record recorded as provided by law and is mailed to a
person entitled to receive that record.
(v) The document or information is mailed by or at the request of an individual whose social security
number appears in the document or information or his or her parent or legal guardian.
(vz) The document or information is mailed in a manner or for a purpose consistent with subtitle A of title
V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809; with the health insurance portability and
accountability act of 1996, Public Law 104-191; or with section 537 or 539 of the insurance code of 1956,
1956 PA 218, MCL 500.537 and 500.539.
(2) Subsection (I) does not apply to any of the following:
(a) A use of all or more than 4 sequential digits of a social security number that is authorized or required
by state or federal statute, rule, or regulation, by court order or rule, or pursuant to legal discovery or process.
(b) A use of all or more than 4 sequential digits of a social security number by a title IV -D agency, law
enforcement agency, court, or prosecutor as part of a criminal investigation or prosecution, or providing all or
more than 4 sequential digits of a social security number to a title IV-D agency, law enforcement agency,
court, or prosecutor as part of a criminal investigation or prosecution.
(3) It is not a violation of subsection (l}(b) or (g) to use all or more than 4 sequential digits of a social
security number if the use is any ofthe following:
(a) An administrative use of all or more than 4 sequential digits of the social security number in the
ordinary course of business, by a person or a vendor or contractor of a person, to do any of the following:
(i) Verify an individual's identity, identify an individual, or do another similar administrative purpose
related to an account, transaction, product, service, or employment or proposed account, transaction, product,
service, or employment.
(ii) Investigate an individual's claim, credit, criminal, or driving history.
(iii} Detect, prevent, or deter identity theft or another crime.
(iv) Lawfully pursue or enforce a person's legal rights, including, but not limited to, an audit, collection,
investigation, or transfer of a tax, employee benefit, debt, claim, receivable, or account or an interest in a
receivable or account.
Rendered Wednesday, October 05, 2005 Page 2 Michigan Compiled Laws Complete Through PA 120, and 125 of
2005
© Legislative Council, State of Michigan Courtesy of www.legislature. mi.gov
(v) Lawfully investigate, collect, or enforce a child or spousal support obligation or tax liability.
(vi) Provide or administer employee or health insurance or membership benefits, claims, or retirement
programs or to administer the ownership of shares of stock or other investments.
(b) A use of all or more than 4 sequential digits of a social security number as a primary account nwnber
that meets both of the following:
(I) The use began before the effective date of this act.
(ii) The use is ongoing, continuous, and in the ordinary course of business. If the use is stopped for any
reason, this subdivision no longer applies.
History: 2004, Act 454, Eff. Mar, I, 2005.
445.84 Privacy policy.
Sec. 4. (l) Beginning January l, 2006, a person who obtains I or more social security numbers in the
ordinary course of business shall create a privacy policy that does at least all of the following concerning the
social security numbers the person possesses or obtains:
(a) Ensures to the extent practicable the confidentiality of the social security numbers.
(b) Prohibits unlawful disclosure ofthe social security numbers.
(c) Limits who has access to information or documents that contain the social security numbers.
(d) Describes how to properly dispose of documents that contain the social security numbers.
(e) Establishes penalties for violation of the privacy policy.
(2) A person that creates a privacy policy under subsection (I) shall publish the privacy policy in an
employee handbook, in a procedures manual, or in 1 or more similar documents, which may be made
available electronically.
(3) This section does not apply to a person who possesses social security numbers in the ordinary course of
business and in compliance with the fair credit reporting act, 15 USC 1681 to 1681 v, or subtitle A of title V of
the Gramm-Leach-Bliley act, 15 USC 6801 to 6809.
History: 2004, Act 454, Eff. Mar. I, 2005.
445.85 Exemption from disclosure.
Sec. 5. All or more than 4 sequential digits of a social security number contained in a public record are
exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant
to section 13(l)(d) of the freedom of information act, 1976 PA 442, MCL 15.243.
History: 2004, Act 454, Eff. Mar. I, 2005.
445.86 Violation of MCL 445.83 as misdemeanor; penalty; recovery of damages in civil
action.
Sec. 6. (I) A person who violates section 3 with knowledge that the person's conduct violates this act is
guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than
$1 ,000.00, or both.
(2) An individual may bring a civil action against a person who violates section 3 and may recover actual
damages. If the person knowingly violates section 3, an individual may recover actual damages or $1,000.00,
whichever is greater. If the person knowingly violates section 3, an individual may also recover reasonable
attorney fees. Except for good cause, not later than 60 days before filing a civil action, an individual must
make a written demand to the person for a violation of section 3 for the amount of his or her actual damages
with reasonable documentation of the violation and the actual damages caused by the violation. This
subsection does not apply to a person for conduct by an employee or agent of the person in violation of a
privacy policy created pursuant to section 4 or in compliance with the fair credit reporting act, 15 USC 1681
to 1681 v, or subtitle A of title V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809, if the person has
taken reasonable measures to enforce its policy and to correct and prevent the reoccurrence of any known
violations.
History: 2004, Act 454, Eff. Mar. 1, 2005.
445.87 Effective date.
Sec. 7. This act takes effect March I, 2005.
History: 2004, Act 454, Eff. Mar. 1, 2005.
Rendered Wednesday, October 05, 2005 Page 3 Michigan Compiled laws Complete Through PA 120, and 125 of
2005
© Legislative Council, State of Michigan Courtesy of www. legislature. mi.gov
City of Grand Rapids - Privacy Statement Page 1 of4
Community :: Business ::Travel :: Government
Homo
.Privacy Statement
Departments
Contact Us
Job Openings
Traval
Government
Community
Business City o! Gt<:Jnd Rapids
Information Ted~nolo_gy
This Privacy Statement informs you about the types of information the City of Grand R<
gathers online when you visit any of our associated web sites, how we may use that inf
whether we disclose it to anyone, and your choices regarding our use of, and your abilil
correct, that information.
This Privacy Statement may change from time to time, so please check back periodical
Statement explains the following regarding the treatment of data collected on our Site(s
1. Sites covered by this Statement
2. What information we collect
3. Why we collect your information
4. How we use your information
5. Sharing your information
6. Use of cookies on these sites
7. Protecting your information
8. Links to other Web sites
9. Changes to this statement
10. Contact us
1. Sites covered by this Statement
This Privacy Statement covers the collection and use of data on the www.ci.grand-rapic
websites and any affiliated sites managed by Grand Rapids.
2. What Information we collect
The information collected on our Site(s) generally falls into the following two categories
Personally Identifiable Information and Non-Personally Identifiable Information.
http://www .grand-rapids.mi. us/index.pl?page_id=788 7113/2005
City of Grand Rapids - Privacy Statement Page 2 of4
Personally Identifiable Information: This refers to information that lets us know the spec
who you are. The Personally Identifiable Information we collect when you use our Site(:
include:
• your name,
• mailing address( es ),
• phone number(s),
• e-mail address(es),
• credit card number and expiration date,
• identification numbers,
• login names and passwords,
• public postings,
• employer, and
• job title.
We request Personally Identifiable Information when you:
• request a service,
• participate in certain promotional activities,
• fill out surveys, and
• correspond with us.
We also collect Personally Identifiable Information when you ask that we send informati
directly to other people; in these cases, we will collect the information you submit about
recipient.
Non-Personally Identifiable Information: This refers to information that does not by itsell
a specific individual. The non-personally identifiable data we collect when you visit our :
may include the Uniform Resource Locator (URL 1) of the pages you visit on our Site(s)
Internet Protocol (IP2) address. This Statement also contains more information about h
use cookies and other technology to collect this data.
We do not connect the Personally Identifiable Information and Non-Personally ldentifial
Information we collect on our Site(s).
3. Why we collect your information
Our primary goal in collecting information is to provide constituents with superior servic•
We use your Personally Identifiable information to process your request or provide the
requested information. We use Non-Personally Identifiable Information on an aggregatE
to help us understand how visitors use our Site(s) and to measure interest in the variou
We use this information to improve the content of our Site(s) and to make our Site(s) e<
use.
4. How We Use Your Information
We gather and use information in a number of ways, including the following:
Surfing: We collect certain Non-Personally Identifiable Information when you visit ourS
collect this information to help run our Site(s) more efficiently, to gather broad demogra
information and to monitor the level of activity on our Site(s). Learn more about how we
cookies and other technology to collect this information.
Online Services: We collect Personally Identifiable Information when you request servic
online, for example property tax payments. We collect this information to process your 1
to obtain payment when applicable, and to communicate with you about the status of y1
http://www.grand-rapids.mi.us/index.pl?page_id=788 7/13/2005
City of Grand Rapids -Privacy Statement Page 3 of4
request.
Online surveys: We collect Personally Identifiable Information from customers who volu
complete surveys. We use this information to improve our services.
Newsletters and e-mails: We collect Personally Identifiable Information when you ask tc
newsletters, e-mails, and other information. We use this information to provide you the
information you request.
Contact information: If you contact us, we may keep a record of your correspondence o
comments, including Personally Identifiable Information, in a file specific to you. We usE
information to help us provide better service in the event you contact us again.
5. Sharing your information
The City of Grand Rapids will not rent, sell or give away any Personally Identifiable Info
entered into the website to third parties for marketing or mailing list purposes. However
Personally Identifiable Information may be shared as required, for a third party to proce
request. In addition, we will provide Personally Identifiable Information about you as rec
do so by law, subpoena, court order or legal process.
6. Use of Cookies On This Site
A "cookie" is a small data file transferred by a website to your computer's hard drive. Yc
sent cookies when you surf, make on-line payments, respond to online surveys, or reqL
information. Accepting cookies does not give us access to your Personally Identifiable
Information, but we can use the cookies to identify your computer. The aggregate inforr
collected permits us to analyze traffic patterns on our Site(s). This can enable us over ti
provide you with a better experience on our Site(s) by improving the content and makin
easier to use.
Most browsers automatically accept cookies, but you can usually refuse cookies; or sel,
accept certain cookies, by adjusting the preferences in your browser. If you turn off coo
though, there may be some features of our Site(s) that will not be available to you and !
Web pages may not display properly. You can find information on popular browsers an<
you can adjust them to control cookies at the following Web sites:
Microsoft Internet Explorer:
http://www.microsoft.com/infolcookies.htm
Netscape Navigator:
http:llwww.netscape.com/legal_noticeslcookies.html
7. Protecting Your Information
The City of Grand Rapids acknowledges your trust and is committed to protecting the
information you provide us. To prevent unauthorized access, maintain accuracy, and er
proper use of information, we are committed to using physical, electronic, and manager
processes to safeguard and secure the information we collect online.
The City hopes to offer e-Commerce (complete on-line transactions on our Site) in the 1
When we do, we intend to use Secure Sockets Layer ("SSL") encryption technology to
safeguard your sensitive information while it is being sent to us. The SSL encryption is ,
to make the information unreadable by anyone but us. We will provide more informatior
we start offering e-Commerce capabilities.
8. Links to Other Web Sites
Parts of our Site(s) contain links to third-party websites for your convenience and inforn
http://www.grand-rapids.mi.us/index.p!?page_id=788 7113/2005
AGENDA ITEM NO.- - - - - - -
CITY COMMISSION MEETING- - - - - - -
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Kenneth D. Grant, Income Tax Administrator~
DATE: October 13, 2005
RE: Donation program for 2005 Individual Income Tax Returns
SUMMARY OF REQUEST:
Approval to use the donations from the 2005 income tax returns to be designated the
D.A.R.E. (Drug Abuse Resistance Education) program. Income tax refunds voluntarily
donated from taxpayers will go to the City of Muskegon Police Department to help fund
the D.A.R.E. program.
FINANCIAL IMPACT:
The average amount collected each year is $2,500.00.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval recommended
COMMITTTEE RECOMMENDATION:
October 13, 2005
Dear City Commissioners,
Every year our department attempts to find a donation program or event that appeal to the
community. Each year approximately 600 people donate their refunds. The average
amount donated each year is about $2,500.00. Our donation programs serve a dual
purpose:
I) To generate money for programs and/or events that not only benefits the city but the
entire community.
2) To save the city money by reducing the number of checks written and using less
postage.
The Income Tax Department requests the authorization from the City Commissioners to
designate the 2005 donations to the D.A.R.E. program. The funds generated from our
donations will go to this drug awareness program for students of Muskegon Public
Schools.
Thanks for you consideration,
Kenneth D. Grant
Income Tax Administrator
Commission Meeting Date: October 25, 2005
Date: October 18, 2005
To: Honorable Mayor and City Commissioners
From: Community and Neighborhood Services
RE: Approval of Sale of City-owned house at 265 Walton
SUMMARY OF REQUEST: To approve the attached resolution and instruct the
Community and Neighborhood Services department to complete the sale
transaction between Mr. Johnnie Tanner for the new lnfill home at 265 Walton.
The home is part of the Operation Walton Renaissance AKA Hill Top View, which
is a joint project between the City of Muskegon, Fifth Third Banks and
Neighborhood Investment Cooperation. Mr. Tanner's purchase price is $135,000
with a subsidy of $40,000.
The land where the new home now stands is a former Urban Renewal area
overlooking the City's Farmers Market. Operation Walton Renaissance AKA Hill
Top View is an example of the City of Muskegon's continued efforts to redevelop
its urban neighborhood.
FINANCIAL IMPACT: The program income from the sale will be deposited into
the City's Home fund for future activity.
BUDGET ACTION REQUIRED: None
STAFF RECMMENDATION: Approval the resolution and the sale of 265 Walton
to Mr. Tanner.
265 Walton Ave.
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO Johnnie Tanner of217 E. Larch, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
265 Dalton
City of Muskegon revised plat of 1903 PART OF LOT 6 & PART OF VAC RATHBORNE ST
LYING ADJ THERETO OF BLK 199COM AT SELY COR OF LOT 6 FOR POBTH
S 53D 49M 152 W ALG SELY LN OF SD LOT 6 & ITS PROJECTION A DIST OF 80.66 FT TH
N 36D OOM 26S W A DIST OF 141.84 FTTH N 53D 40M 03S E ALG NWLY LN SD LOT 6 & ITS
PROJECTION A DIST OF 80.30 FT THE S 36D 09M 15S E A DIST OF 0142.06 FT TO THE POB
for the sum of One Hundred and Thirty Five Thousand and no/100 Dollars
($ 135,000.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this 1.?!" day of [) ~ , 200 S'.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me thiso?J'A'day of Oc foder , 200,£'by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier
;;;;cs. ?o7:2
Notary Public, Muskegon County, Michigan
Parmenter OToole My commission expires: ?-,;:;,00;;
175 W. Apple Ave., P. 0. Box 786
0:\CNS\COMMON\WPDATA\HOME\infill\265 wALTON\quit c!aim.doc
2005 -99(c)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY STATE OWNED PROPERTY AT 265 Walton
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the purchase of the currently City owned property for $135,000, which
is located at 265 Walton. After obtained the structure Mr. Johnnie Tanner will
used the structure as a single family owner-occupied home for the duration of his
agreed upon affordability period. Unless he decides to break his agreement which
will then cause the City to be compensated its subsidy on a prorated basis.
Adopted this 25th day of October, 2005
Ay~: Gawron, Larson, Shepherd, Spataro, Warmington,
Carter, and Davis
Nays: None
CERTIFICATION
2005-99(c)
This resolution was adopted at a regular meeting of the City Commission, held on
October 25, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: ~0.. :.,_:_~
_ : ._~
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: October 25, 2005
Date: October 18, 2005
To: Honorable Mayor and City Commissioners
From: Community and Neighborhood Services
RE: Approval of Quit Claim for the purchase of the City-
owned house at 510 Creston St.
SUMMARY OF REQUEST: To approve the attached resolution and quit-claim for
the sale of the home at 510 Creston (City of Muskegon Urban Plat No 2 Lot 349)
entitled Operation "Crest to Success." The property is being sold to Tiosha
Wyrick for the price of $67,000 with a subsidy of $14,000. Operation: "Crest to
Success" is another fine example of the City of Muskegon's continuous efforts to
renovate and upgrade its existing housing stock and revitalize its neighborhoods.
FINANCIAL IMPACT: The City will receive approximately $53,000 in program
income.
BUDGET ACTION REQUIRED: None
STAFF RECCOMENDATION : To approve the resolution and direct Mayor and
City Clerk to sign Quit Claim.
510 Creston St.
QUIT-CLAIMDEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal cmporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO Tiosha Wyrick of 1252 Adams, Muskegon, Michigan 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
510 Creston
City of Muskegon Urban Plat no.2 Lot 349
for the sum of Sixty Seven Thousand and no/100 Dollars($ 67,000.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this~- day of _ _ _ _ _ _ _ ___, 200 .
CITY OF MUSKEGON
By~~~~-~-~-----
Stephen J. Wamrington, Mayor
and.~~~~~-~~~~~~~-
Gail A. Kundinger, MMC, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _ _ day of , 200~, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, ofthe CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
John C. Scba·ier Notary Public, Muskegon County, Michigan
Parmenter OToole My conunission expires: _ _ _ _ _ _~
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
Documenl2
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
CURRENTLY CITY OWNED PROPERTY AT 510 CRESTON
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its
neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the purchase
of the currently City owned property for $67,000 which is located at 510 Creston. After obtained
the structure Ms. Tiosha Wyrick will used the sttucture as a single family owner-occupied home
for the duration of her agreed upon affordability period. Unless she decides to break her agreement
which will then cause the City to be compensated its subsidy on a prorated basis.
Adopted this 23'' day of October, 2005
Ayes:
Nays:
By~~~~--~--~-----
Stephen J. Warmington, Mayor
By~~~~~~~~~~~
Gail A. Kundinger, MMC City Clerk
AM_Resolution
Commission Meeting Date: October 25, 2005
Date: October 18, 2005
To: Honorable Mayor and City Commissioners
From: Community and Neighborhood Services
RE: Approval of sale of lnfill home at 747 Marcoux
SUMMARY OF REQUEST: To approve the attached resolution and instruct the
Mayor and City Clerk to sign Quit Claim, and directing the Community and
Neighborhood Services office to complete the purchase between Ms. Shavonda
Johnson and the City of Muskegon for the property located at 747 Marcoux. Ms.
Johnson's purchase price is $118,821 with a subsidy of $38,921.
The house at 747 Marcoux is the last of the former Turn-Key 3 sites that were
demolished as a part of the City's blight fight efforts. The new home is another
example of the City's aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The program income derived from this sale will be used for
future HOME activities.
BUDGET ACTION REQUIRED: None
STAFF RECCOMENDATION: To approve the resolution and the sale of 747
Marcoux to Ms. Johnson.
747 Marcoux Ave.
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO Shavonda G. Johnson of 545 Margaret Apt. D, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
747 Marcoux
City of Muskegon Marcoux Sub Div of Block 38 Lots 7 &8 Block 2
for the sum of One Hundred and Eighteen Thousand Eight Hundred Twenty One and no/1 00 Dollars
($ 118,821.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this '2.'b""" day of D~ ,2002:_.
and . L
Gail A. Kundinger, MMC, Cit
STATE OF MICHIGAN
COUNTY OF MUSKEGON
PREPARED BY:
John C. Schrier
Parmenter OToole
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
0:\CNS\COMMON\WPOATA\HOME\infil!\747 Marcoux\Ouit Claim Johnson.doc
2005-99(e)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
CURRENTLY CITY OWNED PROPERTY AT 747 Marcoux
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
.affordable single-family housing in the commu.nity and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its
neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the purchase
of the currently City owned property for $118,821 which is located at 747 Marcoux. After
obtained the structure Ms. Shavonda Johnson will used the structure as a single family owner-
occupied home for the duration of her agreed upon affordability period. Unless she decides to
break her agreement which will then cause the City to be compensated its subsidy on a prorated
basis.
Adopted this 25th day of October, 2005
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
and Larson
Nays: None
CERTIFICATION
2005-99(e)
This resolution was adopted at a regular meeting of the City Commission, held on
October 25, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By:
t.htu~~er,~
City Clerk
Date: 10/25/05
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Purchases
SUMMARY OF REQUEST: Approval to purchase six Taurus sedans from
Great Lakes Ford.
FINANCIAL IMPACT: Total Cost $71,808.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From:DPW
Date: 10/25/05
Re: Vehicle Replacement
The Equipment Division has scheduled the replacement of the five detective
sedans in 2006. The vehicles that we will be replacing are 1998 Malibus used by the
police department and also replacing one of the 1997 Taurus which is being used for
out of town trips and as budgeted in 2005.
Ford Motor Company has announced a price increase of $1,000-$1,500 on all
passenger cars ordered after November 15,2006. We would like to order these
vehicles before the deadline and take delivery after the first of the year. I have
requested prices from area dealers as well as the statewide purchasing contract.
Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting permission to
purchase six Taurus sedans from Great Lakes Ford.
1
Equipment Purchase - 2006
Macomb County Great Lakes Ford State of Michigan Tony Betten
3942 W. Lansing 2469 E. Apple Ave 7148 w 48th 3839 Plainfield NE
Type of Vehicle Perry Mi 48872 Muskegon Mi 49442 Woodhaven Mi Grand Rapids Mi 49525
2006 4-Door Taurus, each $13,670.00 $11,968.00 $12,880.00 $12,774.65
total purchase of 6- sedans $82,020.00 $71,808.00 $77,280.00 $76,647.90
CITY COMMISSION AGENDA ITEM
To: Mayor Warmington and City Commissioners
From: Leisure Services Department through the City Manager
Date: October 25, 2005
Re: Hartshorn Marina Renovation Project- Bids Award
SUMMARY STATEMENT:
Due to an irregularity in the bid document, and per consultation with and
recommendation from the State of Michigan Department of Natural Resources (DNR), it
is recommended that the Commission reject both bids and re-bid the project.
FINANCIAL IMPACT:
Funding source for this project is a $1 Million grant from the DNR with an equivalent $1
Million match from the City of Muskegon.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To re-bid the project.
MEMORANDUM
To: Mayor and City Commissioners
From: Leisure Services Dept. through the City Manager
Date: October 25, 2005
Re: Hartshorn Marina Phase III Renovation Project
The city recently solicited bids for improvements to Hartshorn Marina. A base project bid
and bids for three alternates were requested. Two bidders responded and a several other
firms indicated that the time frame for responding was inadequate for them to formulate a
bid.
Of the bids received, Hardman Construction was the low bidder on the base bid and Great
Lakes was low bidder on the three alternates. Upon review ofthe bids, it became
apparent that certain language included in the bid documents was problematic:
The A ward of Contract will be based solely upon the lowest base bid Proposal Sum
submitted be[sic] a responsive and responsible Bidder in accordance with these
documents. The City Reserves the right to select any of the Bid Alternates submitted by .
the lowest responsible bidder that are deemed in the best interest of the City.
The language is somewhat ambiguous but essentially requires selection of the low base
bidder (Hardman) even on alternates where they are not the low bid. This was not the
city's intent. Typically, alternate bids are judged independent of one another so that the
city can select the most cost-effective option.
This project has proceeded on a rushed schedule in an effort to have work completed
prior to the start of the 2006 boating season. The process was impeded by several
obstacles and delays including a new requirement for Waterways Commission approval
of the dock mechanism. In retrospect, the hurried nature of the project led to the bid
document problem.
Staff requested guidance from the state on this issue and is informed that "the City should
not award the contract, citing errors in the bidding document". The state further notes
that the City's best option is to solicit new bids on the project.
After consultation with the consulting engineer, staff concurs with the state's position. A
rebid will cause the project to interfere somewhat with the start of the boating season. On
the other hand, we may well get more qualified bidders to submit and we will avoid
disputes that likely would emerge with the current bids and that could jeopardize the state
grant. The city attorney advises that the city is within its right tore-solicit bids for this
project.
Thank you.
CITY OF MUSKEGON
HARTSHORN MARINA RENOVATION PROJECT- PHASE Ill
BID TABULATION SHEET
FRIDAY, OCTOBER 21, 2005
2:00P.M.
CONTRACTOR LOCATION BASE ALTERNATE ALTERNATE ALTERNATE
BID "A" "B" "C"
Hardman Ludington $988,000 $1,025,400 $961,340 $983,240
Great Lakes Muskegon $997,870 $1,025,320 $958,350 $982,900
_TANTS, INC.
iiii6TinN I
~~~!-~f ----- ... ---
1 Marina Renovations. Phase Ill Engineer's Estimate Hardman Construction Great Lakes Dock & Dredge
1 ~ase Bi•
Item I C - 9ll, Unit Unit Price Amount Amount Unit Price
--------
Amount
1 T LSUM ~·~0,000.( 16,400.00
2 1 LSUM 2 210,000.00 187,000.00 187.000.00
3 _.ixedDocks, 30' (wood decking) 25 EA 137,500 132,500.00 ),200.00 155,000.00
4 'ixed Docks, 38' (wood decking) I EA 7,6oo.oo I$ 7,6oo ',800.00
5 ixed Docks, 60' (wood decking) t
6 ixed Docks, 30' ADA J\cct:ssible (wood decking
7 ixed Docks, 38' ADA I
8 ixed Docks, 60' AD
9 )ocl~ Piles, I 0" dia., wood 198 EA 680.00 975.1
36 EA 750.0' 27,000.0 1,000.00
396 LFT 500.00 235.0 93,060.0 380.00
72 EA !,000.00 1,955. 140,760 ,625.00
1: 132 CYD 00.00 --ro 120.00
1· FA"
15 !Access 1 __ EA 10,000.00 1,500.1
16 Electrical LSUM 10,000.00 1,50 1,500.1
17 ilce ~ 1 System LSUM
n---------------
TOTAL $ I $ $ 997,870.00
Page 1
HS,INC.
BID TARIIIllTION I
City of I
Renovations - Phase Ill Engineer's Estimate Hardman Construction Great Lakes Dock & Dredge
litem
~"A"
Oty. ~ ,. AmoL nit Price Amount Unit Price Amount
-~-
I$
:ixed Docks, 30' 1
:ixcd Docks, 38'
e decking)
-~-
~
LSUM
LSUM
EA
-oA
" J.OO
),000.!
),500.!
1e
187
6,
16,400.00
187,000.00
l.OO
·~<:l~~;~i~ iOO
:ixed Docks, lg) ~A >00 ,000.1 ,000.00
jFixed Docks, 2 ~A " iOO.
11
),200.00 8,500.00 17.000.00
7 Fixed t ~A {).(
12,0(
8 Fixed Docks, EA
9 Dock Piles, 10" dia., wood 198 Ei\ 1. '" I • 297,ooo.oo 680.00 1: 193,050.(
10 Sprin • Piles, 10" dia., 36 EA In 4' ~::4,000.00 750.00 27,000.00 i,OOO.!
I 11 Steel Sht LFT 235.0( 93,060.00 150,480.1
I 12 Steel Piles, 10" dia. EA 2,, 1,955.0( 140,760.00 117,000.t
13 Rip-Rap Toe :vn 9,240.00 .00
14 EA 12,000.00
15 1\ccess Gangway, 18" EA
16 Electrical Modificatio LSU!v( 1,500.00
lice Suppression System
TOTAL
LSUM $ n
t=
$
75.ooo.oo I$
$ $
Page 1
I::;,INC.
BID TABULATION REPORT
ICity of I _
• • -- ·- • ·n Marina Renovations~ Phase Ill Engineer's Estimate Hardman Construction Great Lakes Dock & Dredge
e "B"
••-- 1 Description Unit Unit Price AITiCiUrlt __ _ Unit Price Amount Unit Price Amount
100,000.0 100,000.00 ' 105,000.00 16,400.00
2 Removals .SUM 150,000.00 ~.c:o,ooo.oo .,~n nnn.oo 187,000.00 187,000.00
3 Fixed Docks. 30' (wood deckin •) 25 ~ 7
,50 nn
5,700.00 _1§7,500.00
I ;:~
6
ixed Docks, 38' (wood decking)
lrixed Docks, 60' (wood (
Fixed Docks, 30' ADA A
T
T
2
EA
TA
EA
,000.1
,SOOJ
1,600.
··~~~
0.00
0.00
7
r;ixed Docks, 38' ADA Accessible (wood decking T
;ixed Docks. 60' ADA Accessible (wood decking T 16,000. 14,1 14,600.00
I -, I Dock Piles, lC 136 ,500.00 133,280.00
1nspring Piles, 10" dia., wood 36 ;oo 36,000.00
;tee! Sheet Piling 396 ~ DO _,QQ _J29,480.00
Steel Piles, 10" dia. 72 _'!.± 140,760 625.00 111
13 Ri -Ra Toe I 132 120.00
Navigational Lights
Access Gangw~ EA ..LJ..Il. 1,000.1 1,500.1
ifications Ls'iJM 10,000.00 1,500.1 1,500.1
1 System LSUM 75,000.00 50,000.1 "'~_.Q()Q,i
TOTAL I 5 1,157,700.00 I$ \$
Page 1
ABONMARCHE CONSUlTANTS, INC.
BIO TABUlATION REPORT
City of Muskegon .
Hartshorn Marina Renovations -Phase Ill Engineer's Estimate Hardman Construction Great Lakes Dock & Dredge
Alternate "C"
Item Description Qty. Unit Unit Price Amount Unit Price Amount Unit Price Amount
1 Mobilization I lSUM $ 100,000.00 $ 100,000.00 $ 105.000.00 $ 105,000.00 $ 16,400.00 $ 16.400.00
2 Removals I LSUM $ 150,000.00 $ 150,000.00 $ 210,000.00 $ 210.000.00 $ 187.000.00 $ 187.000.00
3 Fixed Docks, 30' (com osite deckin •) 25 EA $ 6.500.00 $ 162.500.00 $ 6.500.00 $ 162.500.00 $ 7.100.00 $ 177,500.00
4 Fixed Docks, 38' (composite deck in •) I EA $ 8,600.00 $ 8.600.00 $ 6.700.00 $ 6,700.00 $ 11,700.00 $ 11.700.00
5 Fixed Docks, 60' (composite dcckin •) I EA $ 16,000.00 $ 16.000.00 $ 17,000.00 $ 17,000.00 $ 18,000.00 $ 18,000.00
6 Fixed Docks, 30' ADA Accessible (composite deck in •) 2 EA $ 7,500.00 $ 15.000.00 $ 7,600.00 $ 15,200.00 $ 9,200.00 $ 18,400.00
7 fixed Docks, 38' ADA Accessible (composite deck in •) I EA $ 9.600.00 $ 9.600.00 $ 8,600.00 $ 8.600.00 $ 13,500.00 $ 13,500.00
8 Fixed Docks, 60' ADA Accessible (composite deckin •) I EA $ 17,000.00 $ 17.000.00 $ 15.200.00 $ 15,200.00 $ 18,000.00 $ 18.000.00
9 Duck Piles, 10" dia., wood 136 EA $ 1.500.00 $ 204,000.00 $ 680.00 $ 92,480.00 $ 980.00 $ 133.280.00
10 Sprin • Piles, 10" dia., wood 36 EA $ 1,500.00 $ 54,000.00 $ 750.00 $ 27.000.00 $ 1,000.00 $ 36,000.00
11 Steel Sheet Pi\ in' 396 LIT $ 500.00 $ 198,000.00 $ 235.00 $ 93.060.00 $ 380.00 $ 150,480.00
12 Steel Piles, 10" dia. 72 EA $ 2,000.00 $ 144.000.00 $ 1.955.00 $ 140.760.00 $ 1.625.00 $ 117.000.00
13 Rip· Rap Toe Protection 132 CYD $ 100.00 $ 5,000.00 $ 70.00 $ 9,240.00 $ 120.00 $ 15,840.00
14 Navigational Li •hts 2 EA $ 2,500.00 $ 10.000.00 $ 6,000.00 $ 12.000.00 $ 2.400.00 $ 4.800.00
15 Access Gan •way, 18" I EA $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 9.500.00 $ 9,500.00
16 Electrical Modifications I LSUM $ 10.000.00 $ 10,000.00 $ 11.500.00 $ 11,500.00 $ 3,500.00 $ 3,500.00
17 Ice Suppression System I LSUM $ 75,000.00 $ 75,000.00 $ 50,000.00 $ 50,000.00 $ 52,000.00 $ 52,000.00
TOTAl $ 1,188,700.00 $ 983,240.00 $ 982,900.00
Page 1
City Commission Agenda Item
To: Mayor Warmington and City Commissioners
From: Leisure Services Depatiment
Date: October 18, 2005
Re: Hartshorn Marina Renovation Project - Bids Received.
SUMMARY OF REQUEST:
The City requested bids for the Hartshorn Marina $1.5 Million Renovation Project.
Mandatory Pre-bid meeting was held on Monday, October 17, 2005. Bids are due and
will be opened at 2:00p.m. on Friday, October 21, 2005. As the Commission was
advised, bid results will be tallied and provided to the Commission at the Commission
meeting on Tuesday, October 25, 2005. Where necessary, a revised copy of this agenda
page will be presented at the meeting.
FINANCIAL IMPACT:
The project funding source is a $1 Million grant from the State of Michigan Department
ofNatural Resources (DNR) with an equivalent City ofMuskegon match of$1 Million
dollar. The project estimated cost is $1.5 Million. The remaining half million dollar
($500,000) is expected to be used towards other marina related enhancements.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the lowest responsible/qualified bidder. That bid is to be detennined per bid
review on Friday.
COMMITTEE RECOMMENDATION:
None.
CITY COMMISSION MEETING
Tuesday, October 25, 2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
DATE: October 15,2005
SUBJECT: Selection of Architect-Central Fire Station
SUMMARY OF REQUEST:
Proposals have been accepted for the design of a new Central Fire Station. Ten (I 0)
proposals were received. These proposals were reviewed by the Project Team consisting
of Mr. Bryon Mazade, Mr. Tim Paul, Deputy Director Mark Kincaid and me. Generally,
we evaluated the firms' experience and background in the design of fire stations, their
ability to work with staff as part of a team, their vision for our station and their initial cost
estimate.
Based upon our review, we are recommending that the following two (2) firms be
selected as the architects for this project:
(1) Hooker DeJong of Muskegon, Michigan
(2) Cole & Russell Architects of Cincinnati, Ohio
Hooker DeJong is an established downtown business that has been involved in numerous
projects throughout our community. They are keenly aware of the importance of our
downtown development and have an established relationship with city staff.
Cole & Russell have been involved in the design of over 60 fire facilities throughout the
country. Their proposal included examples of the most cost-efficient use of space,
energy-efficient design methods and built-in training features. While staff from Cole &
Russell will be directly involved in the design process, they are also experienced in
working with local architectural firms.
Both firms have agreed to serve as co-architects on this project.
FINANICAL IMPACT:
The proposed fee for this project, subject to negotiation, is 7% of construction costs. This
fee will be split between the two firms, per an agreement to be reached by them.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approval ofthis request.
DESIGN PROPOSALS
Central Fire Station
The following are the design proposals that were received in regards to our Request For
Proposals.
1. Hooker DeJong
41 0 Terrace Plaza
Muskegon, Michigan 49440
Cost Estimate: 4.49% of construction costs.
2. Cole & Russell Architects
537 East Pete Rose Way
Cincinnati, Ohio 45202
Cost Estimate: 7% of construction costs.
3. Clifford Buck Construction Company
500 Irwin Avenue
Muskegon, Michigan
Cost Estimate: 8.5% of construction costs (including construction management)
4. Sidock Group
888 Terrace Street
Muskegon, Michigan 49440
Cost Estimate: 5% of construction costs.
5. Thompson Architectural Services
2446 West Glenlord Road
Stevensville, Michigan 49127
Cost Estimate: 8-9% of construction costs.
6. Dimensions in Architecture
1145 East Drost Road
Muskegon, Michigan 49445
Cost Estimate: $94,200.00
7. SDA Architects
2201 Twelve Mile Road
Warren, Michigan 48092
Cost Estimate: 5.75-7.00% of construction costs.
8. The Design Forum
124 East Fulton
Grand Rapids, Michigan 49503
Cost Estimate: 5.2% of construction costs.
9. Redstone Architects
29201 Telegraph Road
Southfield, Michigan 48034
Cost Estimate: $298,000
10. Tower Pinkster Titus Associates
1000 South Burdick
Kalamazoo, Michigan 49001
Cost Estimate: $192,440
CITY COMMISSION MEETING
Tuesday, October 25, 2005
TO: Honorable Mayor and City Commissioners
FROM: Mark Kincaid
Deputy Director of Public Safety
DATE: October 21,2005
SUBJECT: Update on properties tabled by the Commission
The following properties were brought before the commission on September 27, 2005 for
approval of demolition. Commission action tabled the decision on these properties for
thirty days. Here is an update of where we stand with these three properties:
291 Washington- Building permit issued October 5, 2005 with stipulation that all
exterior work be done by November 15,2005. Permit expires January 5, 2006.
765/769 Washington- The confusion about the address of this property arises from the
county assessors parcel listing. The parcel listing shows the address as 769 Washington.
At some time a second house was built on the property, but the county assessors parcel
was never changed. This second house is 765 Washington and is the house on our
Dangerous Buildings List. Our files have been updated with this information. We have
had no owner contact and no permits have been issued.
557 W. Clay- The owner, Mr. S. Sieradzki has taken the case to the Michigan Court of
Appeals. We must wait for their decision.
'tinnali,·l' .-\ctiu n
1 171~-6 703
\:'1: 172 2- 1 2 1 ~
· 1 17 2~ ·1o7US
\.'\1726-S II! I
~·nu.·t~ •-r
" tn~-c. 7 MJ
\:'1:1726-5617
ivil Servil'l'
11 17 2~-6716
\X/724-~~us
West Michigan's Sllorellne City
October 6, 2005
h•rl;
li /7 2Ho7115
\ :'1:172-1-~ 17M
Lyle Day
JI /7 H-Io 7 17
989 Duck Lake Rd
.-l :\1721o-2Sill
Whitehall, MI 49461
n:,!ille~rin~
J lf72~-lo7 11 7
.\:\17li-69U~ Dear Lyle:
m a un •
Jl / 72 4-67 13
Please be advised that your Family and Medical Leave leave of absenc·e expires on October 10,
.:\:\ f7 J4.(o7loH 2005 .
i n • ll<pl.
3 1 17 2~-6792 At the September 27, 2005, City Commission meeting, the Commission granted you an unpaid
·.-\:\ 17 2~-6'!8:'\
sick leave extension of six months. According to information from the Finance Office, once your
II CU111l' Til:\ unpaid sick leave extension leave begins, ypur benefits- inchiding· all insurances- will
J 117 2~-6 7711
·.-\ .\:i72 ~-671oS
terminate.
nfo. Sysh:m~
3 1 1724-lo? ~~
Following termination of your benefits, the City offers the option to purchase your medical
'..1.:\1722-HO I covera'ge for a monthly premium payment, as required by the Consolidated Omnibus Budget
Reconciliation Act of 1986 (COBRA), with information f.lent under separate cover.
. l'i~ure SerT it l'
3 11724-6704
:,\:\ 172 ~- 11%
Additionally, one hundred sixty (160) 2005 vacation hours remain available to you . Section 24.5
\ lanil!!l'r·~ Offic(' ofthe SEIU 517M Unit 2 D.P.W. contract requires using this vacation time during the calendar
:3 117 24-(o724 year following the year in which the time was earned (2004). If you fail to utilize this time in
~.\:\ /72 2- 1214
2005, you may lose the entire 160 benefit hours.
~1:\yor'!<> Ofrict·
:J I/72 4-Io7UI
~.\:\1722- 12 1~
If it is your intention to use your vacation hours beginning on October 11, 2005, please
immediately notify your department supervisor or superintendent as well as the Finance Office.
\ ••ig h. S: Cor" I.
S t·n·ict•s
(You may contact the Finance Office at (2~1) 724-6713.) In the event you elect to take no action,
!3 1172~ -(o7 1 :'i please note that your unpaid-leave will begin on Octoper 11, 2005 and extend until April 10,
FA:\1726-25111
2006.
Plan ning/Zo ninl,!
!3 1172~-1.702
Yours truly,
FA:\172-1-6 7 '111
~
l'nlice IJopl.
!3 I/7H-Io7:'ill
F.-\:\172 2-5 1 ~11
l' uhlic \\'url:s
!3 1 172 ~-~ IIIII Civil Service Personnel Director
FA:\1722-~ IIIII
Trl'_nsurcr cc: M. Al-Shatel
23 1172Ho7211 B. Lewis
h\:\17H-67(oH
L. Slaughter
\\' al<'l" llillin ~ l>e pl.
23 1 172~-lo ? I S
F,\ .'\172 ~-671oX
\ Ya ter Filt r: lliou
23 11 72 ~--1111 6
F.-I :\17:'i:'i-529U
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