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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 25, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
ROLL CALL:
HONORS AND AWARDS
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Dock Boxes for Hartshorn Marina LEISURE SERVICES
c. Alexander Trail Property Purchase LEISURE SERVICES
d. Purchase of 72" Riding Lawn Mower for Cemetery LEISURE SERVICES
e. First Reading - General Employees' Pension Ordinance Change
FINANCE
f. Aggregates, Highway Maintenance Materials and Concrete.
DEPARTMENT OF PUBLIC WORKS
g. Budgeted Vehicle Replacement DEPARTMENT OF PUBLIC WORKS
h. Video Systems DEPARTMENT OF PUBLIC WORKS
i. City Commission Vision, Value and Mission Statements, Prioritized
List of Projects and Programs for 2003 - 2004 ASSISTANT CITY
MANAGER
j. Consideration of Bids - Davis St., Laketon Ave.to Southern Ave.
ENGINEERING
PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate - Adac
Plastics, Inc. PLANNING AND ECONOMIC DEVELOPMENT
b. 2003-2004 CDBG/HOME Recommendation and City Commission
Preliminary Decision COMMUNITY AND NEIGHBORHOOD SERVICES
c. Create a Special Assessment District - Thompson, Edgewater to
Plum ENGINEERING
d. Create a Special Assessment District - Moon, Lakeshore to
Harrison. ENGINEERING
e. Create a Special Assessment District - Mann. Lakeshore to Harrison
ENGINEERING
f. Create a Special Assessment District - Clifford. Lakeshore to Miner
ENGINEERING
g. Create a Special Assessment District - Edgewater. Thompson to
Wilcox ENGINEERING
NEW BUSINESS:
a. Resolution of Commitment and Cooperation from the City of
Muskegon for the Mainstreet Program. PLANNING & ECONOMIC
DEVELOPMENT
b. Sale of Buildable Vacant Lot on Muskegon Ave.- 354 W. Muskegon
PLANNING & ECONOMIC DEVELOPMENT
c. Sale of Buildable Vacant Lot on Muskegon Ave. - 362 W.
Muskegon PLANNING & ECONOMIC DEVELOPMENT
d. First Reading - Rezoning Request for Property Located at 808 Oak
Ave. (NE Corner of Oak Ave. and Getty St. PLANNING AND
ECONOMIC DEVELOPMENT
e. Norlight Permit Under METRO Act ENGINEERING AND
ADMINISTRATION
f. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish INSPECTIONS
1. 1968 Leahy (Garage only}
2. 465 Adams (Garage only}
3. 1129 Sanford
4. 477 Mclaughlin
5, 1166 W. Grand
g. Cross-Lake Ferry Architectural & Engineering Services CITY
MANAGER
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, March 1o, 2003; and the
Regular Commission Meeting that was held on Tuesday, March 11,
2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 25, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, March 25, 2003.
Mayor Warmington opened the meeting with a prayer from Pastor Miriam Bush of
Covenant Community Church, after which members of the City Commission and members of
the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger
HONORS AND AWARDS
Mayor Warmington presented a Certificate of Recognition to Coach Mike Ayers and the
Muskegon Community College Hawk Hockey Team.
2003-26 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, March 10, 2003; and the Regular Commission Meeting that was held on
Tuesday, March 11, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
b. Dock Boxes for Hartshorn Marina LEISURE SERVICES
SUMMARY OF REQUEST: To approve the purchase of 40 dock boxes at Hartshorn Marina
to replace the old boxes that were deteriorating.
FINANCIAL IMPACT: The total cost of the dock boxes, plus shipping is $9,060.
BUDGET ACTION REQUIRED: To be paid for out of the Marina Fund.
STAFF RECOMMENDATION: Approve.
c. Alexander Trail Property Purchase LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the purchase of property from Dave Alexander for
construction of the trail behind the filtration plant.
FINANCIAL IMPACT: $5,000 to come from the Golf Course Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
d. Purchase of 72" Riding Lawn Mower for Cemetery LEISURE SERVICES
SUMMARY OF REQUEST: To purchase a new 72" riding mower for the Cemetery
Department to replace an older mower.
FINANCIAL IMPACT: $12,675.57
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
e. First Reading - General Employees' Pension Ordinance Change
FINANCE
SUMMARY OF REQUEST: Previously, the City Commission approved a set of 2003 salary
and benefit changes for non-union employees. One of the changes was to allow retiring
employees a new benefit option of receiving a lump-sum payment of their contributions
of retirement. This payment is actuarially neutral to the plan since the lump-sum
payment is offset by lower monthly benefit payments to the retiree. The benefit is the
same as one currently available to police and fire retirees. This request is to modify
the General Employees' pension ordinance to reflect this previously approved change.
FINANCIAL IMPACT: Cost of ordinance publication.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the pension ordinance amendment.
f. Aggregates, Highway Maintenance Materials and Concrete.
DEPARTMENT OF PUBLIC WORKS
STAFF RECOMMENDATION: Award bid to supply Calcium Chloride 38% (road brine) and
32% (winter salting) to Liquid Dustlayer, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.
Award bid to supply sylvax-patching material to Rieth-Riley Construction Co., Inc.
Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking Company.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to Consumers Concrete Inc., contingent upon product
availability, timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $151,394 based on 2002 quantities at 2003 quotes.
BUDGET ACTION REQUIRED: None; monies appropriated in several budgets.
STAFF RECOMMENDATION: Approve.
g. Budgeted Vehicle Replacement DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one sewer inspection truck.
FINANCIAL IMPACT: Total Cost $99,214.75.
BUDGET ACTION REQUIRED: None. There was $176,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one sewer inspection truck from UEMSI.
h. Video Systems DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase new video systems for police cruisers.
FINANCIAL IMPACT: Cost per unit $5825.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of new video systems for police cruisers.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
Consent Agenda as read, minus items i and j
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
Nays: None
2003-27 ITEMS REMOVED FROM CONSENT AGENDA
i. City Commission Vision, Value and Mission Statements, Prioritized
List of Projects and Programs for 2003 - 2004 ASSISTANT CITY
MANAGER
SUMMARY OF REQUEST: To approve the document outlining the Commission Vision,
Value and Mission Statements. Also, to approve the Prioritized List of
Projects/Programs as identified by the Commission at their February 20, 2003, Strategic
Planning session.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Recommend approval.
Motion by Commissioner Spataro, second by Commissioner Larson to approve the
Commission Vision, Value and Mission Statements and the Prioritized List of
Projects/Programs for 2003-2004.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
j. Consideration of Bids - Davis St.. Laketon Ave.to Southern Ave.
ENGINEERING
SUMMARY OF REQUEST: The Davis St., Laketon Ave. to Southern Ave. contract be
awarded to Asphalt Paving, Inc. of Muskegon, Ml. Asphalt Paving inc. was the lowest,
responsible bidder with a bid price of $119,021.32.
FINANCIAL IMPACT: The construction cost of $119,021.32 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Asphalt Paving, Inc.
Motion by Commissioner Larson, second by Commissioner Spataro to approve the
contract for Davis St., Laketon Ave. to Southern Ave. to Asphalt Paving of Muskegon
Ml.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
2003-2\3 PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate - Adac
Plastics, Inc. PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Adac Plastics,
Inc., 1801 Keating Ave., Muskegon, Michigan, has requested the issuance of an Industrial
Facilities Exemption Certificate. The total capital investment for this project is
$2,876,776 in personal property and will create 25 new employment opportunities. This
request qualifies Adac Plastics, inc. for a 9-year exemption personal property. Adac
Plastics current workforce is 235.
FINANCIAL IMPACT: The City will capture certain additional property taxes and income
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 nine (9) years for personal property.
The Public Hearing was opened at 5:53pm to hear any comments from the public. No
comments were heard.
Motion by Commissioner Larson, second by Commissioner Gawron to close the Public
Hearing at 5:56pm and to approve the resolution granting Adac Plastics, Inc. an
Industrial Facilities Exemption Certificate for a term of nine (9) years for personal
property.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
b. 2003-2004 CDBG/HOME Recommendation and City Commission
Preliminary Decision COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing concerning the CDBG/HOME 2003-
2004 recommendation, submitted by both the administration and the Citizen's District
Council.
The public hearing is to obtain comments from the public in reference to the 2003-2004
CDBG/HOME allocation funding which is designated to be $1,217,000 and $340,111
respectively, excluding any program income and reprogrammed funding.
The Commission is also asked to make their preliminary decision on what items should
be funded and at what amounts.
The City Commission will be asked to make their final decision on April 8, 2003.
FINANCIAL IMPACT: The 2003-2004 allocations will be based on the Commission decision.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the public hearing and to make preliminary
allocation decision.
coi,tA,~!TTEE RECONi•,~ENDAT!ON: The Citizen's District Council recommendations are
included with the recommendations submitted by the administration.
The Public Hearing was opened at 5:57pm to hear comments from the public. No
comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Buie to close the Public
Hearing at 6:02pm and make the preliminary allocation decision on the 2003-2004
CDBG/HOME.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
c. Create a Special Assessment District - Thompson, Edgewater to Plum
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Thompson St., Edgewater to Plum, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to proceed
with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing was opened at 6:03 to hear comments from the public. Comments
in opposition to the special assessment were heard from Colleen Thorn of 3263
Thompson, Rick Pesta of 3235 Edgewater, Sue Wilkinson of 3317 Thompson, Cindy
DeVries of 1867 Cherry St., Amy Roland of 3235 Edgewater and Sue Boland of 3269
Thompson.
Motion by Commission Spataro, second by Commissioner Larson to close the Public
Hearing at 6:35 and to not create a special assessment district for Thompson,
Edgewater to Plum.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
*commissioner Spataro requested staff to see if the street funding money can be
allocated to another street.
d. Create a Special Assessment District - Moon, Lakeshore to Harrison.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Moon St., Lakeshore to Harrison project, and to create the special assessment
district and appoint two City Commissioners to the Board of Assessors if it is determined
to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution
The Public Hearing was opened at 6:36pm to hear comments from the public. No
comments were heard.
Motion by Commissioner Larson, second by Commissioner Schweifler to close the
Public Hearing at 6:58pm and to approve the special assessment of the Moon St.,
Lakeshore to Harrison project and to create the special assessment district and
appoint two Commissioners to the Board of Assessors, and to ask the Engineer to
look into creating a roll curb and check into the price of cement versus asphalt.
Mayor Warmington and Commissioner Larson are appointed to the Board of
Assessors.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
e. Create a Special Assessment District - Mann, Lakeshore to Harrison
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Mann St., Lakeshore to Harrison project, and to create the special assessment
district and appoint two City Commissioners to the Board of Assessors if it is determined
to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution
The Public Hearing was opened at 6:47pm to hear comments from the public. Mayor
Warmington owns property on Mann and asked to be excused due to conflict of interest.
Comments in favor were heard from Charles Hall of 2074 Mann St., and Joe Booker of
1987 - 1991 Lakeshore Dr.
Motion by Commissioner Shepherd, second by Commissioner Schweifler to close the
Public Hearing at 6:58pm and to approve the special assessment of the Mann St.,
Lakeshore to Harrison project and to create the special assessment district and
appoint Commissioners Gawron and Schweifler to the Board of Assessors.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Buie, Gawron
Nays: None
Excused: Warmington
MOTION PASSED
f. Create a Special Assessment District - Clifford, Lakeshore to Miner
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Clifford, Lakeshore to Miner project, and to create the special assessment district
and appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing was opened at 6:59 to hear comments from the public. Comments
in favor were heard from James Trombley of 2223 Clifford, and Edward Dion of 2226
Clifford.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
public hearing at 7:10pm and to approve the special assessment of the Clifford,
Lakeshore to Miner project, and to create the special assessment district and
appoint Commissioner Schweifler and Mayor Warmington to the Board of Assessors.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
g. Create a Special Assessment District - Edgewater. Thompson to
Wilcox ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Edgewater, Thompson to Wilcox project, and to create the special assessment
district and appoint two City Commissioners to the Board of Assessors if it is determined
to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing was opened at 7:11pm to hear comments from the public. A
comment in opposition was heard from Steve Schiller of 1828 Edgewater.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
Public Hearing at 7: 1Spm.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
Motion by Commissioner Larson, second by Commissioner Schweifler to not create a
special assessment of the Edgewater, Thompson to Wilcox project.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
2003-29 NEW BUSINESS:
a. Resolution of Commitment and Cooperation from the City of
Muskegon for the Mainstreet Program. PLANNING ft ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC) currently has a
local Mainstreet designation. Funding has come from both the Downtown Arts and
Entertainment District and NIC. The opportunity is now available to apply for a State
Mainstreet designation. This would allow for direct training and other benefits from the
National Trust for Historic Preservation Mainstreet program. NIC will be making
application to the State for this designation. The resolution lends the commitment and
cooperation of the City of Muskegon in this effort.
FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind
services through the Planning and Economic Development staff (e.g., mapping,
printing).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk
to sign.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to approve
the resolution of the commitment and cooperation of the City of Muskegon for the
Mainstreet Program.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
b. Sale of Buildable Vacant Lot on Muskegon Ave.- 354 W. Muskegon
PLANNING ft ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 354 W.
Muskegon (designated as parcel number 24-205-336-0012-00) described as LOT 12 ft THE
NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF
MUSKEGON to Theresa L. Moye, of 2183 Larue Street, Muskegon, Ml 49441. The lot is
79.5 X 132 ft. and is being offered to Theresa L. Moye for $1,000. She plans to move a
home from 341 Bauer to this vacant land. The value of the lot was set at $1,000 by the
Historic Home Infill Program.
FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate
additional tax revenue for the City and will place the property back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the
resolution for sale of vacant buildable lot at 354 W. Muskegon to Theresa L. Moye of
2183 Larue St., Muskegon, Ml 49441, and authorize both the Mayor and Clerk to sign
said resolution.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
c. Sale of Buildable Vacant Lot on Muskegon Ave. - 362 W. Muskegon
PLANNING 8: ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 362 W.
Muskegon (designated as parcel number 24-205-336-0011-00) described as THE
SOUTHERLY 52.25' OF LOT 11 8: THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON to Millie Ortiz, and husband Kenneth
Richardson, of 1158 Walnut Grove, Muskegon, Ml 49441. The lot is 79.5 X 132 ft. and is
being offered to Millie Ortiz and husband Kenneth Richardson for $1,000. She plans to
move a home from 1077 Pine Street to this vacant land. The value of the lot was set at
$1,000 by the Historic Home Infill Program.
FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate
additional tax revenue for the City and will place the property back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
resolution for purchase of vacant buildable lot at 362 W. Muskegon to Millie Ortiz
and husband Kenneth Richardson of 1158 Walnut Grove, Muskegon, Ml 49441 for
$1,000, and to authorize the Mayor and Clerk to sign said resolution.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
d. First Reading - Rezoning Request for Property Located at 808 Oak
Ave. (NE Corner of Oak Ave. and Getty St. PLANNING AND ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 808 Oak Ave., at the NE
corner of Oak Ave. and Getty St., from R-1, Single-Family Residential to RM-1, Low
Density Multiple-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of
compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the request at
their 3/13 meeting. The vote was unanimous.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Planning Commission and deny the request for rezoning property located at 808
Oak Ave. from R-1, Single-Family to RM-1, Low Density Multiple-Family Residential.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
e. Norlight Permit Under METRO Act ENGINEERING AND ADMINISTRATION
SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application submitted by
Norlight Telecommunications. Submittal of the permit application is in response to the
City opting into the newly adopted METRO Act. It is further requested that approval be
conditioned upon Norlight retaining active satisfactory liability insurance consistent
with the terms of the Act and City policy.
FINANCIAL IMPACT: None. The City will no longer be able to collect annual permit fee,
but rather it will receive its share of payments made to the State consistent with the
terms of the Act.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the permit and sign the documents.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
permit application submitted by Norlight Telecommunications conditioned upon
Norlight retaining active satisfactory liability insurance consistent with the terms of
the METRO Act and City policy and have the Mayor sign.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
f. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish INSPECTIONS
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structures located at 1968 Leahy (Garage),
465 Adams (Garage), 1129 Sanford, 477 McLaughlin, and 1166 W. Grand are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition
of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
1. 1968 Leahy (Garage only)
CASE# ft PROJECT ADDRESS: 02-068 · 1968 Leahy (Garage only)
LOCATION AND OWNERSHIP: This structure is located on Leahy between Holbrook and
Keating. It is owned by Idell Sheard.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9 / 11 /02. A notice and order to repair or remove was issued
9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr.
Sheard was at that meeting and stated he would demolish the garage. As of this date
no demolition permit has been pulled.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $24,400
ESTIMATED COST OF REPAIRS: $1,500
STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to
demolish.
2. 465 Adams (Garage only)
Due to an error in notification of the owner, this case is being brought back to you
for consideration.
CASE# & PROJECT ADDRESS: #02-055-465 Adams (Garage)
LOCATION AND OWNERSHIP: This structure is located on Adams between Marshall and
Wood Street. It is owned by Timothy Hatcher.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9/11/02. A Notice and Order to repair or remove, was issued
9/26/02. On 11 /7 /02 the HBA declared the garage dangerous and substandard. There
has been no contact from the current owner.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $1,500
ESTIMATED COST OF REPAIRS: $3,000
STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to
demolish.
3. 1129 Sanford
Staff has requested to have 1129 Sanford removed from the Agenda and have tabled
until a time decided on by discretion of Department Head.
4. 477 McLaughlin
CASE# & PROJECT ADDRESS: 02-40 - 477 McLaughlin
LOCATION AND OWNERSHIP: This structure is located on McLaughlin between Williams
and Chestnut. It is owned by Judy Irish.
STAFF CORRESPONDENCE: This structure was abandoned and vacant for more than six
months. A dangerous building inspection was conducted 8/7 /02. On 9/11 /02 a notice
and order to repair or demolish was issued. The City has had the structure boarded
three times. The property was sold at a state auction in September 2002 and was
purchased by Judy Irish who lives in Ravenna, Ml. Her intentions were to rehab the
house and use it as a rental, but after seeing the extent of required repairs, she
decided not to put that much money into the house. She tried to sell it, but couldn't.
An interior inspection was conducted on 12/6/02 and the HBA ordered it demolished on
2/6/03. The owner was at the meeting, but there has been no further contact.
OWNER CONTACT: The new owner brought proof of purchase in to Inspection
Department October 2002 and has cooperated with staff on allowing access for interior
inspection.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $14,300 (2003)
ESTIMATED COST OF REPAIRS: $20,000
STAFF RECOMMENDATION: To concur with the Housing board of Appeals decision to
demolish.
4, 1166 W. Grand
Staff has requested to have 1169 W. Grand removed from the Agenda and have tabled
until at time decided on by discretion of Department Head.
Motion by Commissioner Schweifler, second by Commissioner Larson to table 1129
Sanford and 1166 W. Grand from the Agenda and have these items brought back to
the Commission at the discretion of the Department Head.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Commissioner Larson to concur with
findings of the Housing Board of Appeals decision that the structures at 465 Adams
(Garage only), 477 Mclaughlin and 1968 Leahy (Garage only) be demolished and
direct administration to obtain bids for the demolitions and have the Mayor and City
Clerk execute a contract for demolitions with the lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
g. Cross-Lake Ferry Architectural 8: Engineering Services CITY
MANAGER
SUMMARY OF REQUEST: To approve an agreement with Hooker/DeJong Architects &
Engineers for architectural and engineering services for the Cross-lake Ferry Project.
FINANCIAL IMPACT: The cost is estimated at $77,000 or less based on the terms of the
agreement and the estimated capital cost of the project.
BUDGET ACTION REQUIRED: Funds will come from the City's Revolving Loan Fund for
this project.
STAFF RECOMMENDATION: To approve the agreement with Hooker/DeJong Architects &
Engineers.
Motion by Commissioner Schweifter, second by Vice Mayor Buie to approve the
agreement with Hooker/DeJong Architects 8: Engineers contingent upon approval of
the City Attorney on the terms and conditions of the agreement.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
Nays: None
Absent: Shepherd
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:57pm.
Respectfully submitted,
Gail Kundinger, MMC
&-oo 3 -~b QJ
Date: March 17, 2003
To: Honorable Mayor and City Commissioners
From: Melissa Jacobsen~
RE: Dock Boxes for Hartshorn Marina
SUMMARY OF REQUEST:
To approve the purchase of 40 dock boxes at Hartshorn
Marina to replace the old boxes that were deteriorating.
FINANCIAL IMPACT :
The total cost of the dock boxes, plus shipping is
$9,060.
BUDGET ACTION REQUIRED:
To be paid for out of the marina fund.
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231 /724-6703
FAX/722-1214
Assessor
231 /72q-6708
FAX/726-518 1
Cemetery
231/724-6783
FAX/726-5617
Clvll Service
231/724-6716
F AX/724-4405 West Michigan's Shol'Cllne City
Clerk
231 /724-6705
FAX/724-4178
Date: March 17, 2003
Comm. & Neigh.
Services To: Honorable Mayor and City Commissioners
231 /724-6717
FAX/726-2501 From: Melissa JacobsenM'
Engineering
231/724-6707
Re: Dock Boxes for Hartshorn Marina
FAX/727-6904
Finance
231/724-6713 I am requesting your approval for the purchase of 40
FAX/724-6768
dock boxes at Hartshorn Marina. The old ones were
Fire Dept. removed last year for construction, and due to their age
231/724-6792
F AX/724-6985 need to be replaced . The bottoms have rusted out, and
they are basically unusable.
Income Tax
231/724-6770
FAX/724-6768
The bids are as follows:
Info. Systems Dock Boxes Unlimited $8,760
231/724-6744
FAX/722-4301 Naron Industries $9,060
Leisure Service Cheyenne Mfg. $9,713
231/724-6704
FAX/724-1196
I am requesting the dock boxes be purchased from Noren
Manager's Office Industries {even though they are the second low
231 /724-6724
FAX/722-1214 bidder)because that is where the dock boxes for the East
side of the marina were purchased last year. It would
Mayor's Office
231/724-6701 be nice to have them all the same. The difference
FAX/722-1214 between them and the low bidder is $300.
I nspecllon Services
231/724-6715
Thank you for your consideration.
FAX/726-250 I
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231 /724-6750
FAX1722-5140
Public Works
23 l /724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water DIiiing Dept.
231 /724-6718
F AX/724-6768
Water Flltratlon
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Dock Boxes for Hartshorn Marina
BID PROPOSAL
March 19, 2003
ITEM Naron Industries, Inc Cheyenne Mfg Inc Dock Boxes Unlimited Inc.
650 Hoague Rd. PO Box 25 2307 Creekside Circle North
Manistee, Ml 49660 Brush Prairie, WA 98606 Irving, TX 75063
40 Dock Boxes
LUMP SUM PRICE OF $9,060.00 $9,712.83 $8,760.00
c?-003 - ;;L!o ~)
Date: March 17, 2003
To: Honorable M~r/~n~ City Commissioners
From: Ric Scott jf'~M
RE: Alexander Property Purchase
SUMMARY OF REQUEST:
To authorize the purchase of property from Dave
Alexander for construction of the trail behind the
filtration plant
FINANCIAL IMPACT:
$5 , 000 to come from the Golf Course Fund
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
23 I /724-6716
F A.X/724-4405 West Michigan's Shoreline City
Clerk
231 /724-6705
FAX/724-4178
Comm. & Neigh.
Date : March 17, 2003
Services
231/724-6717 To: Honorable ~ ~ - a9d City Commissioners
FAX/726-2501
From: Ric Scott/fodZ/g
Engineering
231/724-6707 Re: Alexander Property Purchase
F A.X/727-6904
Finance
In order to complete the trail from Beachwood Park to
231 /724-6713 Lakeshore Dr. behind the filtration plant , property
FAX/724-6768
needs to be purchased from Dave Alexander. Staff has met
Fire Dept. with Mr. Alexander and we have agreed to a price and the
231 /724-6792
FAX/724-6985 conditions of the purchase. The draft agreement is
Income Tax
attached.
231/724-6770
FAX/724-6768
As a part of the agreement , the city will be doing some
landscaping on the property that we purchase and we will
Info. Systems
231/724-6744 sign the property to try to keep people from entering
FAX/722-4301 the private property. The Alexander' s do not want a
Leisure Service fence put up. The purchase is necessary as the State
23 l /724-6704 denied our request to put the trail within the existing
FAX/724-1196
easement and we could not go onto the Filtration plant
Mnnngcr's Office
231 /724-6724
property because of their future improvements .
FAX/722-1214
I am requesting that you authorize staff to complete the
Mayor's Office purchase of the property so that the trail can be
231 /724-6701
FA.X/722- 1214 completed this spring. Funding for the purchase will
come from the Golf Course fund .
Inspection Services
231/724-6715
FAX/726-2501
Thank you for your consideration.
l'lnnnlng/Zonlng
231/724-6702
FAX/724-6790
Police Dept,
231 /724-6750
FAX/722-5140
Public Works
231/724-4100
FA.X/722-4188
Treasurer
231/724-6720
FA.X/724-6768
Water BIiiing Dept.
231 /724 -6718
F AX/724-6768
\Voter Filtration
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
PARMENTER O'TOOLE
Attorneys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443"-0786
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
March 26, 2003
Thomas H. Thornhill
Lague, Newman & Irish
600 Terrace Plaza
P.O. Box 389
Muskegon, MI 49443-0389
Re: David and Margaret Alexander and City of Muskegon
Dear Mr. Thornhill:
Enclosed please find fully executed Real Estate Purchase Agreement involving the
above-referenced parties.
Someone on behalf of the City of Muskegon will be contacting Mr. Alexander in the near future
to schedule closing. If you have any questions or concerns, please feel free to contact me.
Very truly yours,
Direct: 231.722.5401
Fax: 231. 728.2206
E-Mail Address: [email protected]
Enclosure ,
c:
I
~c Scott
i/Gail A. Kundinger, MMC
Deborah Steenhagen
G:\EDSI\FILES\00100\105821\LTRIAU0861.DOC
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made /'? '7' 11 RC.
2.- £ ,
2003, by and between David
Alexander and Margaret C. Alexander, husband and wife, of 167 W. Dale, Muskegon, Michigan
(ASellef=:), and the CITY OF MUSKEGON, of933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer
agrees to buy, marketable record title of real estate, and all improvements thereon ("Premises")
specifically described as:
See attached Exhibit A
subject to the reservations, restrictions and easements ofrecord, provided said reservations, restrictions
and easements of record are acceptable to Buyer, and subject to any governmental inspections required by
law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be
Five Thousand and no/100 Dollars ($5,000.00) payable in cash or by City check to Seller at closing.
3. Easement. Buyer and Seller agree that Seller shall retain an easement across the
premises, at a mutually convenient location, for the installation of underground utilities to service a house
to be located at a mutually agreeable location.
4. Taxes and Assessments. All taxes and assessments, which are due and payable at the
time of closing, shall be paid by Seller prior to or at closing. All taxes and special assessments which
become due and payable after closing shall be the responsibility of Buyer; provided, because the
Premises is part of a larger property, the parties agree that Seller shall pay in full all taxes due in 2002,
including those billed on December 1, 2002.
5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to
closing, a commitment for title insurance issued by Transnation Title Insurance Company for an amount
not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record disclosed by said title
commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45)
days from the date Seller is notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such restrictions, and remedies the
title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to
complete this sale as herein provided, within ten (10) days of written notification thereof. If Seller fails to
resolve such restrictions or remedy the title within the time above specified, or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the owners' title
policy shall be paid by Buyer.
6. Personal Property and Fixtures. All personal property and fixtures, which Seller
wishes to remove, shall be removed on or before closing. Any personal property which is left on the
Premises shall be the property of Buyer who may dispose of same.
7. Survey. Buyer has obtained a survey and is satisfied with same, provided no change has
been made to the property since the date of the survey.
C:\WINDOWS\TEMP\AR2500.DOC
8. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and operated by
Seller in compliance with all applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic substances, and the
protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under Michigan
law. The Premises may constitute a facility because of historic fill materials in or in the vicinity
of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the
Premises.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller as of the
closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims,
demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in
this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the
closing.
9. Condition of Premises and Examination by Buyer. SUBJECT TO TIIE ABOVE
REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION,
FITNESS FOR APARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT
THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER
FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED
WITH THE CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS
OF SELLER.
10. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has
dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker,
salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and
Seller both agree to indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission
arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be on or before May 2, 2003 ("closing"). The closing
shall be conducted at Transnation Title Company, Muskegon, Michigan. If necessary, the parties shall
execute an IRS closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at closing
for the Premises.
13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit of
Title.
C:\WINDOWS\TEMP\AR2500.DOC
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the
date of closing.
15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required
by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to
clear and convey marketable title to the extent required by this Agreement or by the title insurance
company. Buyer shall pay for the cost ofrecording the warranty deed to be delivered at closing and the
title company fees for closing.
16. City Post-Closing Obligations. City is acquiring the property to be used in conjunction
with a bicycle path going through a residential area. As such, City agrees to the following:
a. Improvements of Bike Path. The City will make the bike path improvements
consistent with the plans designed by MC Smith dated November 5, 2002, which
is attached as Exhibit B. No improvements will be made prior to the issuance of
necessary Michigan Department of Environmental Quality permits.
b. Improvements of Surrounding Areas. As to the remainder of the property
acquired from Seller, City will plant dune grass, vegetation, evergreen shrubs,
and post signs attempting to encourage separation of the users of the bike path
from the residences pursuant to the plan attached as Exhibit C.
c. Maintenance. City will maintain the bike path. City will maintain the remainder
of the property acquired such that the vegetation, excluding shrubs and trees, will
be maintained at no higher than three (3) feet.
17. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this Agreement
only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as plural,
feminine or neuter.
c. Merger. It is understood and agreed that all understandings and agreements
previously made between Buyer and Seller are merged into this Agreement, which alone fully
and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced pursuant to
the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding upon
the parties, their heirs, executors, administrators, officers, directors, employees, agents,
representatives, successors, and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provision of this
Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision(s) had never been contained herein.
C:\WINDOWS\TEMPIAR2500.DOC
g. Survival of Representations and Warranties. The representations, warranties,
covenants and agreements contained in this Agreement and in any instrument provided for herein
shall survive the closing and continue in full force and effect after the consummation of this
purchase and sale and continue until all liabilities of Buyer have been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended except
by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first above
written.
WITNESSES:
Drafted by and after recording return to:
PARMENTER O'TOOLE
John C. Schrier
175 W. Apple Ave
Muskegon, Michigan 49443-0786
C:\WINDOWS\TEMP\AR2500.DOC
EXHIBIT A
Property Description
That part of Outlot "A" lying within the recorded plat of Lake Michigan Park Subdivision No.
1, as recorded in Lib er 9 of Plats, Page 40, City of Muskegon, Muskegon County, Michigan,
described as: Beginning at the Southwest corner of said Outlot "A"; thence North 13°56' West
along the Westerly line of said Outlot "A" 35.18 feet; thence South 68°29'33" East to the
South line of said Outlot "A" 93 .14 feet; thence West along said South line 78 .19 feet to the
point of beginning; subject to the reservation by Grantors of an easement upon, over and under
the above described premises for the placement, maintenance, repair and replacement of public
and private utilities to serve Grantors' adjoining property.
EXHIBITB
MC Smith Bike Path Design
C:\WINDOWS\TEMP\AR2500.DOC
EXHIBITC
Site Plan for Surrounding Area
C:\WINDOWS\TEMP\AR2500.DOC
REAL ESTA TE PURCHASE AGREEMENT
THIS AGREEMENT is made March 2 5 2003, by and between David
Alexander and Margaret C. Alexander, husband and wife, of 167 W. Dale, Muskegon, Michigan
(-Seller--), and the CITY OF MUSKEGON, of933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer
agrees to buy, marketable record title ofreal estate, and all improvements thereon ("Premises")
specifically described as:
See attached Exhibit A
subject to the reservations, restrictions and casements of record, provided said reservations, restrictions
and easements of record are acceptable to Buyer, and subject to any governmental inspections required by
law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be
Five Thousand and no/I 00 Dollars ($5,000.00) payable in cash or by City check to Seller at closing.
3. Easement. Buyer and Seller agree that Seller shall retain an easement across the
premises, at a mutually convenient location, for the installation of underground utilities to service a house
to be located at a mutually agreeable location.
4. Taxes and Assessments. All taxes and assessments, which are due and payable at the
time of closing, shall be paid by Seller prior to or at closing. All taxes and special assessments which
become due and payable after closing shall be the responsibility of Buyer; provided, because the
Premises is part of a larger property, the parties agree that Seller shall pay in full all taxes due in 2002,
including those billed on December I, 2002.
5. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (IO) days prior to
closing, a commitment for title insurance issued by Transnation Title Insurance Company for an amount
not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements ofrecord disclosed by said title
commitment are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45)
days from the date Seller is notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such restrictions, and remedies the
title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to
complete this sale as herein provided, within ten ( I 0) days of written notification thereof If Seller fails to
resolve such restrictions or remedy the title within the time above specified, or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the owners' title
policy shall be paid by Buyer.
6. Personal Property and Fixtures. All personal property and fixtures, which Seller
wishes to remove, shall be removed on or before closing. Any personal property which is left on the
Premises shall be the property of Buyer who may dispose of same.
7. Survey. Buyer has obtained a survey and is satisfied with same, provided no change has
been made to the property since the date of the survey.
C:\DOCUME-1\KUNDIN~1\LOCALS-1\Temp\AR2500.DOC
8. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and operated by
Seller in compliance with all applicable federal, state and local laws and regulations related to air
quality, water quality, waste disposal or management, hazardous or toxic substances, and the
protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under Michigan
law. The Premises may constitute a facility because of historic fill materials in or in the vicinity
of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the
Premises.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by'Seller as of the
closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims,
demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in
this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the
closing.
9. Condition of Premises and Examination by Buyer. SUBJECT TO THE ABOVE
REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION,
FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT
THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER
FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED
WITH THE CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS
OF SELLER.
10. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has
dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker,
salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and
Seller both agree to indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission
arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be on or before May 2, 2003 ("closing"). The closing
shall be conducted at Transnation Title Company, Muskegon, Michigan. If necessary, the parties shall
execute an IRS closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at closing
for the Premises.
13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit of
Title.
C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.0OC
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on tbe
date of closing.
15. Costs. Seller shall be responsible to pay tbe Michigan transfer tax in the amount required
by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to
clear and convey marketable title to tbe extent required by this Agreement or by the title insurance
company. Buyer shall pay for tbe cost of recording the warranty deed to be delivered at closing and tbe
title company fees for closing.
16. City Post-Closing Obligations. City is acquiring the property to be used in conjunction
witb a bicycle path going through a residential area. As such, City agrees to the following:
a. Improvements of Bike Path. The City will make the bike path improvements
consistent with the plans designed by MC Smitb dated November 5, 2002, which
is attached as Exhibit B. No improvements will be made prior to the issuance of
necessary Michigan Department of Environmental Quality permits.
b. Improvements of Surrounding Areas. As to the remainder of the property
acquired from Seller, City will plant dune grass, vegetation, evergreen shrubs,
and post signs attempting to encourage separation oftbe users of the bike patb
from the residences pursuant to the plan attached as Exhibit C.
c. Maintenance. City will maintain the bike patb. City will maintain the remainder
of the property acquired such that the vegetation, excluding shrubs and trees, will
be maintained at no higher than three (3) feet.
17. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this Agreement
only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as plural,
feminine or neuter.
c. Merger. It is understood and agreed tbat all understandings and agreements
previously made between Buyer and Seller are merged into tbis Agreement, which alone fully
and completely expresses tbe agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced pursuant to
the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding upon
the parties, their heirs, executors, administrators, officers, directors, employees, agents,
representatives, successors, and assigns.
f. Severability. In case any one or more oftbe provisions contained in tbis
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provision of this
Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision(s) had never been contained herein.
C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.DOC
g. Survival of Representations and Warranties. The representations, warranties,
covenants and agreements contained in this Agreement and in any instrument provided for herein
shall survive the closing and continue in full force and effect after the consummation of this
purchase and sale and continue until all liabilities of Buyer have been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended except
by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first above
written.
WITNESSES : SELLER:
David Alexander
TIO Number:
- - -- - - ------
Margaret C. Alexander
.-•·· ... ;_.:..: ~
J)emp5l...
Drafted by and after recording return to:
PARMENTER O'TOOLE
John C. Schrier
175 W. Apple Ave
Muskegon, Michigan 49443-0786
C:IDOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.O0C
EXHIBIT A
Property Description
That part of Outlot "A" lying within the recorded plat of Lake Michigan Park Subdivision
No. 1, as recorded in Liber 9 of Plats, Page 40, City of Muskegon, Muskegon County,
Michigan, described as: Beginning at the Southwest corner of said Outlot "A"; thence
North 13°56' West along the Westerly line of said Outlot "A" 35. 18 feet; thence South
68°29'33" East to the South line of said Outlot "A" 93.14 feet; thence West along said
South line 78.19 feet to the point of beginning.
C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.DOC
EXHIBITB
MC Smith Bike Path Design
C:\OOCUME-1\KUNDIN-1\LOCALS-1\Temp\AR2500.00C
EXHIBITC
Site Plan for Surrounding Area
C:\DOCUME-11KUNDIN-11LOCAl.S-11TemplAR2500.DOC
j
Date Drawn I
Job N=be, I Scale 1• • 40'
E"ZJ-Contt,te !
r
tdb 2900103 -;
12/06/02
D = Description dfrncrurlon
~
P.O. Bcx410 Phone (616) 895-7190
All=la!c, MI 49401 Fax (616) 895-7191 M = Measured d:imetmon
P = Platt«! dimension
e =- Set iron stake
0 = Found iron .stake ~
Desaiptic~ lbat part of Outlot r,A•. lying within the recorded plat of Lake Mi~g:m Park Subd:.'vision
No. 1, as recorded in Lber 9 ofP1ats,P3ge 40, City ofMtulccgon, Mwkegon County, Michigan,
ws:ribed as: Beginning arthe Southwest corner of said Outlot •A•; thence North 13=56' Wat aiongthe
Westerly line of said Outlet "A" 35.18 feet; chence South 68°29'33• Eat to the &uth line of said Outlet
"'A• 93-14 feet; thence W~t along :said South line 78.19 feet' t= cl::e Poi.it ofB~ginn.i::tg.
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OUTLOT "A" er
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Llcemcd Profcs.sional S"""'Yor No. 45494
'\
\
\.
Date: March 18, 2003
To: Honorable Mayor and City Commissioners
From: Ric Scott #~-
RE: 72" Lawn Mower Purchase
SUMMARY OF REQUEST:
To purchase a new 72" riding lawn mower for the Cemetery
Department to replace an older mower
FINANCIAL IMPACT:
$12,675.57
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231/724-6703
FAX/722-121,t
AssC1or
23 l /724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231/724-6716
FAX/724-4405 West MfchJgan's Shm'Cllne City
Clerk
23 l/724-6705
FAX/724-4178
Comm. & Neigh.
Date: March 18 , 2003
Services
231/724-6717 To: Honorable Mayor ~ d City Commissioners
FAX/726-2501
From: Ric Scott / ~
Engineering
231/724-6707 Re: 72 " Lawn Mower Purchase
FAX/727-6904
Finance
The 72" riding lawn mower used in the Cemetery
231/724-6713 Department is old and in need of replacement. Staff has
FAX/724-6768
demoed several mowers, but would like to stay with the
Fire Dept. current mower , a 72" 345 Groundsmaster Toro riding
231 /724-6792
FAX/724-6985 mower. This is the mower that has been used in both the
Income Tux
Parks and Cemeteries for many years.
231/724-6770
FAX/724-6768
Under the state-purchasing contract, we can purchase the
mower for $12 , 675.57 . The other mower under
Info. Systems
231/724-6744 consideration was the John Deere mower, but it would
FAX/722-4301 cost mower $13 , 000 .
Leisure Service
231/724-6704
I would ask that the commission authorize the purchase
FAX/724-1196 of the Toro Groundsmaster for $12,675.57 from Spartan
Manager's Office
Distributors under the State-purchasing contract.
2311724-6 724 Spartan Distributors is located in Sparta , Michigan.
FAX/722-1214
They are the sole source for Toro equipment on this side
Mayor's Office of the state.
231/724-6701
FAX/722-1214 Thank you for your consideration.
Inspection Ser vices
231/724-6715
FAX/726-250 I
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5 140
Public Works
231/724-4100
FAX/722-4188
Treasurer
23 1/724-6720
F AX/724-6768
Water Billing Dept,
23 1/724-6718
F AX/724-6768
Water FIitration
231/724-4!06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: General Employees' Pension Ordinance Change
SUMMARY OF REQUEST: Previously, the City Commission approved a set of
2003 salary and benefit changes for non-union employees. One of the changes was
to allow retiring employees a new benefit option of receiving a lump-sum payment of
their contributions at retirement. This payment is actuarially neutral to the plan since
the lump-sum payment is offset by lower monthly benefit payments to the retiree.
The benefit is the same as one currently available to police and fire retirees. This
request is to modify the General Employees' pension ordinance to reflect this
previously approved change.
FINANCIAL IMPACT: Cost of ordinance publication.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the attached pension ordinance
amendment.
COMMITTEE RECOMMENDATION: There is no committee recommendation
for this item.
9/18/97
PARMENTER O'TOOLE
Allomeys al Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231 .722.1621 • Fax 231 .722.7866 or 231 .728.2206
www.Parmenterlaw.com
March 6, 2003
Mr. Timothy Paul
Finance Director
City of Muskegon
933 Te1rnce
P.O. Box 536
Muskegon, MI49443-0536
Re: City of Muskegon-
General Employees Retirement System
Dear Mr. Paul:
Enclosed is a proposed Ordinance to present to the City Commission in two weeks in the above-
referenced matter.
John C. Schrier
Direct: 231-722-5401
Fax: 231-728-2206
E-mail Address: j [email protected]
Jey
Enclosure
G:\EDSI\FILES\00100\0085\LTR\AS9887.DOC
City of Muskegon
Muskegon County, Michigan
ORDINANCE NO. __liQ_O
The City Commission of the City of Muskegon hereby ORDAINS:
Chapter 62 of the Code of Ordinances of the City of Muskegon concerning the General
Employees Retirement System is amended, as follows:
1. Section 62-102 shall be amended to read, as follows:
Refund of Member's Accumulated Contributions:
(a) Except as otherwise provided in this ordinance, a person who ceases to be a member
for any reason except retirement or death, prior to satisfying the age and service requirements
for retirement provided in section 5.1, shall be paid his/her accumulated contributions upon
written request filed with the Board of Trustees. Employees covered by the collective
bargaining agreement between the City of Muskegon and the City of Muskegon
Clerical/Technical Employees, who have not become vested, shall be entitled to interest on
his/her contributions at the rate of 5% per year, if the employee withdraws the member's
accumulated contributions.
(b) If a person dies and no pension becomes or will become payable by the retirement
system on account of the death, the deceased person's accumulated contributions shall be paid
to such person or persons as the deceased person shall have nominated by written designation
duly executed and filed with the Board of Trustees. If there be no such designated person
surviving the deceased person, the accumulated contributions shall be paid to the deceased
person's estate.
(c) In the event a retirant and his option A or option B beneficiary, if any, die before they
have been paid an aggregate amount to pension equal to his accumulated contributions
standing to his credit in the reserve for employee contributions at the time of his retirement,
the difference between his accumulated contributions and the aggregate amount of pension
paid shall be paid to such person or persons as he shall have nominated by written
designations duly executed and filed with the board. If there be no such designated person
surviving the retirant and his option A or option B beneficiary such difference shall be paid to
the legal representative of the last to die of the retirant and his option A or option B
beneficiary.
(d) Payment of accumulated contributions, as provided in this section, may be made in a
single sum or installments, according to such rules as the Board of Trustees may, from time-
to-time, adopt.
G:\EDS!\FILES\00100\0085\ORDJN\AR8504.DOC
2. Section 62-166 shall be amended to read as follows:
Optional Form of Payment:
Section 62-166. A retiring person may elect to be paid under one of the following
optional forms of payment in lieu of the level straight life form of payment. The election
must be in writing and filed with the board of trustees prior to the date retirement is
effective. Payment will be made under the level straight life form of payment if a timely
election of an optional form of payment is not made. The amount of pension under
option A and option B shall be the actuarial equivalent of the amount of pension under
the level straight life form of payment.
Option A-100% Survivor Pension: Under option A a retirant shall be paid a reduced
pension for life with the provision that upon the retirant's death the reduced pension shall
be continued throughout the future lifetime of and paid to such person, having an
insurable interest in the retirant's life, as the retirant shall have nominated by written
designation duly executed and filed with the board of trustees at the time of election of
the optional form of payment.
Option B-50% Survivor Pension: Under option Ba retirant shall be paid a reduced
pension for life with the provision that upon the retirant's death one-half of the reduced
pension shall be continued throughout the future lifetime of and paid to such person,
having an insurable interest in the retirant's life, as the retirant shall have nominated by
written designation duly executed and filed with the board of trustees at the time of
election of the optional form of payment.
Option C-Social Security Coordinated Pension: Under option C a retirant shall be paid
an increased pension to attai11111ent of age sixty-five (65) years and a reduced pension
thereafter. The increased pension paid to attainment of age sixty-five (65) years shall
approximate the sum of the reduced pension payable thereafter and the retirant's
estimated social security primary insurance amount.
Option D-Pension For Ten Years Certain and Life Thereafter: Under option E, a
retirant shall receive a reduced pension payable throughout his life with the provision that
ifhe dies before he has received one hundred twenty (120) monthly pension payments the
payments shall be continued for the remainder of the period of one hundred twenty (120)
months to such person or persons as the retirant shall have nominated by written
designation duly executed and filed with the board of trustees. If there be no such person
or persons surviving the said retirant such remaining monthly pension payments shall be
paid to the retirant's legal representative.
Option E-Annuity Withdrawal for Non-Union Employees. Effective January 1, 2003, a
non-union member, who retires pursuant to Section 5.1, Section 5.2 or Section 5.3 of the
General Employees Retirement System Ordinance, may elect to be paid a refund of all or
part of the accumulated contributions standing to the member's credit in the reserve for
employee contributions at the effective date of retirement. A member who terminates
G:\EDSI\FILES\00100\0085\ORDlN\AR8504.DOC
City employment with a pension, payable pursuant to Section 5.3 of the General
Employees Retirement System Ordinance, may elect to be paid a refund of all or part of
the member's accumulated conttibutions on the effective date of retirement. Provided,
however, that any member who withdraws accumulated contributions prior to the
effective date of retirement shall forfeit any right to a pension. Upon election of this
refund provision, the retiree's straight life pension shall be reduced by an amount, which
is actuarial equivalent to the refunded accumulated contributions. The actuarial
equivalent amount shall be computed on the basis of the mortality table, adopted by the
Board of Trustees, and the interest rate, published monthly by the Pension Benefit
Guaranty Corporation for use in converting a series of monthly annuity payments into a
lump sum value in effect at the date of retirement. The retiring member may elect,
pursuant to Section 7 .1, option (a) or (b) in conjunction with the refund provision of this
paragraph.
This ordinance adopted:
Ayes: Warmington. Buie. Gawron. Larson, Scbweifler, Shepherd, Spatarc
Nays:_ __._,."-'-U..,___ _ __ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _
Adoption Date: March 2 5, 2003
Effective Date: Apr i 1 · 1 0, 2 0 0 3
First Reading: March 25, 2003
Second Reading: _ _ _ _ _ _ _ _ __ _ _
CITY OF MUSKEGON
By: ~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 25th day of Mar ch , 2003, 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
G:\EDSI\FILES\00100\0085\ORDIN\AR8504.DOC
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby.
DATED: ~M-a~
~-cb~2~
_ 5"---a- ' 2L ,
Gail A. Kundinger, MMC
Clerk, City of Muskegon
r
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
G:\EDSIIFILESI00100\0085\0RDIN\AR8504.DOC
I,
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on March 2 5 , 2003, the City Commission of the City of
Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the
General Employees Retirement System, summarized as follows:
1. Section 62-102 shall be amended to clarify payment methods on employee
contributions for non-vested employees.
2. Section 62-166 shall be amended to permit a withdrawal of contributions by non-
union employees with a corresponding decrease of monthly pension benefits.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Te1Tace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGO~ /
Published March 31 , 2003 By &fl_~qw
Gail A. Kundinger, MMC, Its ClerkO
---------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
G:IEDSI\FILES\0010010085\0RDINIAR8504.DOC
AGENDA ITEM NO. ;;>-.003 - d--lp } }
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commission
FROM: Depaitment of Public Works
DATE: March I 9, 2003
SUBJECT: Aggregates, Highway Maintenance Materials and Concrete
SUMMARY OF REQUEST:
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.
Award bid to supply sylvax-patching material to Rieth-Riley Construction Co., Inc.
Award bid to supply HI and H2 limestone chip blend to Verplank Trucking Company.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to Consumers Concrete Inc., contingent upon product availability,
timely deliveries, and prices as quoted.
FINANCIAL IMPACT:
$ I 51 ,394 based on 2002 quantities at 2003 quotes.
BUDGET ACTION REQUIRED:
None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION:
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equaliza ti"'"
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214 West Michigan's Shol'elhie City
Civil Service
(231)724-6716
FAX: (231 )724-4405
Clerk To: The City Commission Through The City Manager
(231)724-6705
FAX: (231)724-4178 From: Robert H. Kuhn, Public Works Director
Community and
Date: March 19, 2003
Neigh, Services Subject: 2003 Aggregates, Highway Maintenance Materials, and Concrete
(231)724-6717
FAX: (231)726-2501
Computer Info.
Systems Requests for bids to provide road maintenance materials were solicited in The Chronicle
(231)724-6744 and from known vendors. It is recommended that the vendor in bold print supply Public
FAX: (231)722-4301
Works with product as needed in 2003. Moneys have been appropriated for these
Engineering Dept.
(231)724-6707
purchases.
FAX: (231)727-6904
Finance Dept. 85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2002)
(231)724-6713 Liquid Dustlayer, Inc. $0.39 per gallon, spread
FAX: (231)724-6768
Adams Trucking, Pentwater $0.60 per gallon, spread
Fire Department
(231)724-6792
Adams Trucking, Pentwater $0.55 per gallon, stored
FAX: (231)724-6985
Income Tax
15,000 gallons Calcium Chloride 32% (winter salting) ($0.34 in 2002)
(231)724-6770 Liquid Dustlayer Inc. $0.32 per gallon, stored
FAX: (231)724-6768
I nspectlon Services 200 ton Bituminous Asphalt 4:12, Base ($35.00 in 2002)
(231)724-6715
FAX: (231)728-4371 Asphalt Paving, Inc. $35.00 per ton, picked up
Leisure Services
(231 )724-6704 1,000 ton Bituminous Asphalt 4:12, Top ($35.00 in 2002)
FAX: (231)724-1196
Asphalt Paving, Inc. $35.00 per ton, picked up
Mayor's Office
(231)724-6701
FAX: (231)722-1214 15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
Planning/Zoning
($0.78 in 2002)
(231)724-6702 No bid
FAX: (231)724-6790
Police Deptartment 500 ton Sylvax Patching Material, UPM-CP-7 ($58.75 in 2002)
(231)724-6750
FAX: (231)722-5140 Rieth-Riley Construction Co. $58.00 per ton, delivered
Asphalt Paving, Inc. $62. 75 per ton, delivered
Public Works Dept.
(231)724-4100
FAX: (231)722-4188 500 ton HI Limestone Chip Blend ($9.88 in 2001)
Treasurer's Office Verplank Trucking Co. $10.34 per ton, delivered
(231 )724-6720
FAX: (231)724-6768
Stoneco Muskegon Dock $10.89 per ton, delivered
Stoneco Muskegon Dock $9.69 per ton, picked up
Water Billing Dept,
(231)724-6718
FAX: (231)724-6768 500 ton H2 Limestone Chip Blend ($9.88 in 2001)
Water Filtration Verplank Trucking Co. $11.86 per ton, delivered
(231)724-4106
FAX: (231)755-5290
Department of Public Works & Utilities, 1350 E. Keating Street, Muskegon, MI 49441
www.shorelinecity.com
2003 Aggregates, Highway Maintenance Materials, and Concrete
Page 2
March 19, 2003
9,000 ton Road Slag 22-A Natural ($8.65 in 2002)
Verplank Trucking Co. $8.94 per ton, delivered
Meekhofs Lakeside Dock $9.45 per ton, delivered
Stoneeo Muskegon Dock $9.89, delivered
Concrete mix as needed (7 Sack Mix $65.76* in 2002)
Consumers Concrete $64.00 per cubic yard, 7 Sack Mix, delivered*
High Grade Concrete Prod. $75.18 per cubic yard, 7 Sack Mix, delivered
Port City Redi-Mix $74.00 per cubic yard, 7 Sack Mix, delivered
*Contingent upon product availability, timely deliveries, and prices as quoted.
Year 2002 Purchases
Calcium Chloride 38% (road brine)
Year 2002 purchase 81,127 gal X $0.39 = $31,640
Year 2003 bid 81,127 gal X $0.39 = $31,640
Calcium Chloride 32% (road brine)
Year 2002 purchase 9,039 gal X $0.34 = $3,073
Year 2003 bid 9,039 gal X $0.32 = $2,892
200 ton Bituminous Asphalt 4: 12, Base
Year 2002 grand total 154.73 ton= $5,393
Year 2002 purchase 131.62 ton X $35.00 = $4,607
Year 2002 purchase 23.11 ton X $34.00 = $786
Year 2003 bid 154.73 ton X $35.00 = $5,416
1,000 ton Bituminous Asphalt 4: 12, Top
Year 2002 purchase 419.36 ton X $35.00 = $14,678
Year 2003 bid 419.36 ton X $35.00 = $14,678
15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
Year 2002 grand total 8,925 gal= $4,2151
Year 2002 purchase O gal X $0. 78
Year 2002 purchase 7,448.50 gal X $0.471 = $3,508 (from MCRC)
Year 2002 purchase 1,476.92 gal X $0.510 = $753 from MCRC)
Year 2003 bid none; can purchased from Muskegon County Road Commission
2003 Aggregates, Highway Maintenance Materials, and Concrete
Page 3
March 19, 2003
500 ton Sylvax Patching Material, UPM-CP- 7
Year 2002 purchase 201.12 ton X $58. 75 = $11,816
Year 2003 bid 201.12 ton X $58.00 = $11,665
500 ton HI Limestone Chip Blend
Year 2002 purchase O ton X $9.88
Year 2003 bid 500 ton X $10.34 = $5,170
500 ton H2 Limestone Chip Blend
Year 2002 purchase O ton X $9.88 = $0
Year 2003 bid 500 ton X $11.86 = $5,930
9,000 ton Road Slag 22-A Natural
Year 2002 purchase 3,688.81 ton X $8.65 = $31,908
Year 2003 bid 3,688.81 ton X $8.94 = $32,978
Concrete mix as needed (various densities utilized; 7 Sack Mix predominate)
Year 2002 grand total 558.75 yd 7 Sack Mix= $43,974
Year 2002 purchase 32.00 yd 7 Sack Mix X $65. 76* = $2, I 04
Year 2002 purchase 2.00 yd 7 Sack Mix X $76.00 = $152.00
Year 2002 purchase 524. 75 yd 7 Sack Mix X $79.50 = $41,718
Year 2003 bid 558.75 yd 7 Sack Mix X $64.00* = $35,760
*Contingent upon product availability, timely deliveries, and prices as quoted.
pmb
(D/Bids/2003 Agg .. Comm Ltr)
Date: 03/14/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase one sewer inspection truck.
FINANCIAL IMPACT: Total Cost $99,214.75.
BUDGET ACTION REQUIRED: None. There was $176,000 budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of one sewer inspection
truck from UEMSI.
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 03/11/03
Re: Pipeline Inspection Truck
The Equipment Division has been evaluating pipeline inspection equipment for
the past several months looking for a replacement for our 1993 model. The Sewer
Department spent several days operating each of the four leading camera
manufacturer's equipment. After comparing cost and functionality, we have decided
on equipment from U.E.S.M.I.
The responsible bidders for this purchase were Pearpoint Inc. from Thousand
Palms California, Aries Industries from Sussex Wisconsin, Cues from Orlando
Florida, and U.E.S.M.I from Menomonee Wisconsin. (See Attachment)
I recommend that we purchase the truck from U.E.M. S.I as they have proven to
have the highest quality equipment at the lowest cost to the city.
1
Equipment Purchase - 2003
UESMI Cues Aries
5560 Williams Pl 3600 Vista Ave 22641 Main St
T~Qe of Vehicle Menomonee Wi 53051 Orlando Fl 32805 Sussex Wi 53089
Sewer Inspection $99,514.75 $115,248.00 $121,000.00
Truck i
I
I
'
Pear~oint
72055 Cor~orate Way_
Thousand Palms Ca 9227E
$159,000.00
Date: 03/17/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Video Systems
SUMMARY OF REQUEST: Approval to purchase new video systems for
police cruisers.
FINANCIAL IMPACT: Cost per unit $5825.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of new video systems for
police cruisers.
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 03/11/03
Re: Video Systems
The in-car video systems that we are currently using have begun costing us a
great deal of time and money to keep operational. These systems have been in
service for a full six years of continuous 24-hour operation and are in need of
replacing. We would like to begin replacing these units with state-of-the-art Digital
Eyewitness system from Kustom Signal. These units will interface with the radar
and siren configuration we are currently using, saving us time and money.
The only responsible vendor for this purchase is Kustom Signal from Lenexa,
Kansas. The Michigan State Police are switching over to the same systems and are
currently in negotiations with Kustom Signal to get these systems on the State of
Michigan Purchasing contract. I have a letter from Kustom Signal that guarantees
us this pricing regardless of when we make our purchase. I expect we will need to
purchase five new systems this year and the remaining fifteen as needed for the next
two years.
Therefore, I recommend that we begin the process of replacing our current video
systems with the Digital Eyewitness system from Kustom Signal.
1
MUSKEGON POLICE DEPARTMENT
()Uta °' de ~
MEMORANDUM
TO: Mr. Brett Kraley
Department of Public Works
FROM: Anthony L. Kleibecker
Chief of Police
DATE: March 18, 2003
SUBJECT: In-car Video Cameras
As you are well aware, we have been having increasing problems with the video systems
in our police cruisers. It is apparent to us that the primary reason for this is the age of the
systems. Most of the video systems are in the five-plus year range and quite simply, are
wearing out.
We have previously discussed digital technology. During the Michigan Chiefs Winter
Conference, Kustom Systems had on display a digital system. I am aware that this
system is being field tested in Westland and that the results to date have been positive.
The digital system offers a number of features that would be of benefit to us. These
include better video and audio quality, the ability to use a compact disc, and greater
storage capacity. The ability to use a compact disc would aid us with weather-related
problems and greatly reduce the cost of purchasing videotapes. From our research, this
system seems to be the answer to our current technical problems and will save us money
in the long run.
If you have any questions or would like to discuss this further, please don't hesitate to
contact me. Thank you.
AGENDA ITEM NO. - -- - --
CITY COMMISSION MEETING 3/19/03
To: Honorable Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: March 19, 2003
Re: City Commission Vision, Value and Mission Statements
Prioritized List of Projects and Programs for 2003 - 2004
SUMMARY OF REQUEST
To approve the attached document outlining the Commission Vision, Value
and Mission Statements. Also, to approve the attached Prioritized List of
Projects/Programs as identified by the Commission at their February 20,
2003, Strategic Planning session.
FINANCIAL IMPACT
None at this time.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Recommend approval.
VISION
MUSKEGON, THE PREMIER SHORELINE CITY OF
WEST MICHIGAN.
VALUES
PROVIDE ALL SERVICES IN A PROFESSIONAL,
ETHICAL, COURTEOUS AND COST-EFFECTIVE
MANNER.
MISSION
TO IMPROVE THE QUALITY OF LIFE FOR THE CITIZENS
OF MUSKEGON THROUGH STEWARDSHIP OF RESOURCES,
EXCELLENT SERVICE AND LEADERSHIP FOR THE
GREATER COMMUNITY.
• Take Leadership Responsibility for Improving Race Relations and
Diversity.
• Foster Opportunities for City Youth.
• Promote Economic Stability, diverse Economic Growth, and
Redevelopment.
• Sustain the Natural, Cultural, and Recreational Resources of the
Community.
• Foster Strong Ties Among Governments & Community Agencies.
• Develop and Maintain City Infrastructure and Facilities.
• Maintain and Enhance the Neighborhoods of the City.
CITY COMMISSION
MAJOR PROJECTS/PROGRAMS
PRIORITIZED LIST (2003-2004)
l0DOTS
• BLIGHT FIGHT
4DOTS
• DOWNTOWN DEVELOPMENT
• CONSUMERS ENERGY PROPERTY
DEVELOPMENT- SPORTS COMPLEX
• FISHERMAN'S LANDING SWAP
• FARMER'S MARKET-RELOCATION
3DOTS
• IMAGE (PERCEIVED)
• SMARTZONE/MUSKEGON LAKEFRONT LLC
• CROSS LAKE FERRY
• WATER MAINS/SEWERS/STREETS
• MALL REDEVELOPMENT
• SEAWAY INDUSTRIAL PARK
2DOTS
• YOUTH ISSUES
• USER-FRIENDLY CITY HALL & SERVICES
(FRONT LINE STAFF DEVELOPMENT)
• EMPLOYEE RELATIONS
• SINGLE-FAMILY HOUSING DEV. - QUALITY
HOUSING
• CITY/SCHOOL PARTNERSHIP-JOB DEV.
lDOT
• SHORELINE DRIVE
• LAKESHOREPATHWAY
• WESTERN AVENUE REDEVELOPMENT
0DOTS
• GIS IMAGING- INFORMATION SYSTEMS
• GETTY STREET DEVELOPMENT
• HARTSHORN MARINA IMPROVEMNT
• COMMUNITY RELATIONS/PUBLIC RELA.
• NEW CENTRAL FIRE STATION
• COMMUNITY CENTER(S)
• REGIONAL COOPERATION
• STREET/SPECIAL ASSESSMENT
• STORM WATER UTILITY SYSTEM
• PARKING RAMP
• HIST. RESTORATION PRESERVATION
• MUSKEGON AREA PLAN
• MARQUETTE & GETTY
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Davis St. Laketon Ave. to Southern Ave.
SUMMARY OF REQUEST:
The Davis St., Laketon Ave. to Southern Ave. contract be awarded to Asphalt Paving, Inc.
of Muskegon, Ml. Asphalt Paving, Inc.was the lowest, see attached bid tabulation,
responsible bidder with a bid price of $119,021.32.
FINANCIAL IMPACT:
The construction cost of $119,021.32 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Asphalt Paving, Inc.
COMMITTEE RECOMMENDATION:
H-1563, S-580 DAVIS ST., LAKETON AVE. TO SOUTHERN AVE.
BID TABULATION 03/18/03
CONTRACTOR KAMMINGA & ROOOVOETS ASPHALT PAVING, INC PRINCE BRIDGE & MAR!NE
ADDRESS 3435 BROADMOOR SE 100 E SHERMAN BLVD PO BOX 510
CITY/ST/ZIP GRAND RAPDS, Ml 49512 MUSKEGON,M/49444 GRAND HAVEN, Ml 49417
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PR/CE UNIT PRICE TOTAL PRICE
1 ADJUST MANHOLE CASTING 17 EACH $350.00 $5,950.00 $460.00 $7,820.00 $600.00 $10,200.00
2 ADJUST WATER VALVE CASTING 6 EACH $330.00 $1,980.00 $450.00 $2,700.00 $175.00 $1,050.00
3 AGGREGATE BASE COURSE, 22A 6" COMPACTED 151 SQ. YD. $6.00 $906.00 $6.00 $906.00 $12.00 $1,812.00
4 AGGREGATE PREPRATORY WORK 15.91 STA. $1,000.00 $15,910.00 $350.00 $5,568.50 $950.00 $15,114.50
5 BIT LEVELING MIX 3C 111> 165#/ SYD 542 TON $43.00 $23,306.00 $40.19 $21,782.98 $42.25 $22,899.50
6 BIT TOP MIX 4C POLYMER MOD.ASPHALT 111> 220# /SYD 757 TON $44.00 $33,308.00 $46.62 $35,291.34 $43.60 $33,005.20
7 CONCRETE CURB AND GUTTER F-4 MOD. 10 LIN. FT. $15.00 $150.00 $30.00 $300.00 $25.00 $250.00
8 CONCRETE SIDEWALK, 4" 325 SQ. FT. $2.25 $731.25 $3.00 $975.00 $3.50 $1,137.50
9 MANHOLE CASTING E.J. # 1000 OR EQUAL 16 EACH $400.00 $6,400.00 $450.00 $7,200.00 $350.00 $5,600.00
10 MANHOLE IDROPI 4' DIA. 1O' TO 16' DEEP 1 EACH $2,000.00 $2,000.00 $2,400.00 $2,400.00 $2,500.00 $2,500.00
11 PAVEMENT MARKING WATERBORNE 4" YELLOW 400 LIN.FT. $1.00 $400.00 $3.00 $1,200.00 $1.00 $400.00
12 REMOVING BIT SURFACE 2.5" TO 3.5" BY COLD MILLING 15.91 STA. $650.00 $10,341.50 $655.00 $10,421.05 $625.00 $9,943.75
13 REMOVING CONCRETE CURB 72 LIN.FT. $5.00 $360.00 $9.60 $691.20 $10.00 $720.00
14 REMOVING CONCRETE CURB & GUTTER 10 LIN.FT. $5.00 $50.00 $9.80 $98.00 $15.00 $150.00
15 REMOVING CONCRETE SIDEWALK 305 SQ.FT. $2.00 $610.00 $3.05 $930.25 $10.00 $3,050.00
16 REMOVING SANITARY MANHOLE 1 EACH $300.00 $300.00 $600.00 $600.00 $1,500.00 $1,500.00
17 SAND REFILL 400 CYD $7.00 $2,800.00 $7.25 $2,900.00 $8.00 $3,200.00
18 SANITARY SEWER REPAIR SOR 3510" PVC. 73 LIN. FT. $125.00 $9,125.00 $47.00 $3,431.00 $55.00 $4,015.00
19 SANITARY SEWER REPAIR SDR 35 6" PVC 20 LIN. FT. $100.00 $2,000.00 $44.00 $880.00 $30.00 $600.00
20 SANITARY SEWER REPAIR SOR 35 8" PVC. 41 LIN. FT. $105.00 $4,305.00 $46.00 $1,886.00 $35.00 $1,435.00
21 SANITARY SEWER WYE 10"X6" SOR 35 1 EACH $225.00 $225.00 $195.00 $195.00 $370.00 $370.00
22 SANITARY SEWER WYE 8"X6" SOR 35 1 EACH $215.00 $215.00 $195.00 $195.00 $310.00 $310.00
23 TAFFIC CONTROL 1 LUMP $0.00 $10,650.00 $10,650.00 $4,000.00 $4,000.00
TOTALS $121,372.75 $_119,021.32 $123,262.45
-12-
~oo3 .;.t~ovJ
Commission Meeting Date: March 25, 2003
Date: March 17, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate - Adac Plastics, Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Adac Plastics, Inc., 1801 Keating
Avenue, Muskegon, Michigan, has requested the issuance of an Industrial Facilities
Exemption Certificate. The total capital investment for this project is $2,876,776 in
personal property and will create 25 new employment opportunities. This request
qualifies Adac Plastics, Inc. for a 9-year exemption personal property. Adac Plastics
current workforce is 235.
FINANCIAL IMPACT:
The City will capture certain additional property taxes and income 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
Certificate for a term of nine (9) years for personal property.
COMMITTEE RECOMMENDATION:
None
3/17/2003
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
ADAC PLASTICS, INC., an existing manufacturing company located at 1801 Keating Avenue,
Muskegon, Michigan, is installing new machinery and equipment to expand its present operation. The
company is a manufacturer of engineered products, primarily for the automotive industry. Due to the fact
that the company is investing $2,876,776 , in personal property and is creating 25 new employment
opportunities, it is eligible for a nine (9) year exemption for personal property.
Employment Information:
Racial Characteristics:
White 155 (66%)
Minority 80 (34%)
Total 235
Gender Characteristics:
Male 85 (36%)
Female 150 (64%)
Total 235
Total No. of Anticipated New Jobs: 25
Investment Information:
Real Property: $-0-
Personal Property $2,876,776
Total: $2,876,776
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $81,413 $14,384
Value of Abatement $40,706 $ 7,192
Total New Taxes Collected $40,706 $ 7,192
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $6,240
Company Requirements:
Adopted Affirmative Action Policy if Yes D No
Meeting w/ City Affirmative Action Director ~ Yes D No
Signed Tax Abatement Contract i;;r Yes D No
Taxes Paid In Full ~ Yes D No
Zoning Conflicts • Yes B"" No
Lonna nguilm
Assistant Planner Affirmative Action Director
Michigan C'•Jpartrnent of Treasury, STC
1012 (Re~. e:'•9a} L-4380
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 198 of 1974, as amended. Section references on this form are to specific sections of the act that
,xplain or require the data. Filing of this form is voluntary. The application should be filed after the district is established and no
,terthan (within) six months after the commencement of the project. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and
the required attachments (five complete sets) with the clerk ol the local government unit. (The State Tax Commission
requires four complete sets (one original and three copies)). One copy is retained by the clerk.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION
Signature Application No.
Date Received Date Received l
Written Agreement?
Appficant do not write above this line Begin entries at 1 below.
OvEs • No
1a. Applicant (Company) Name (Applicant must be the occupanVoperator of the facllily) b. Standard Industrial Classification Code (Sec. 2(10))
ADAC PLASTICS, INC. Four Digit Code KW 3 I 0 I 8 I 9
c. Company Mailing Address (No. and Street, P.O. Box, City, State, ZIP) First time applicants attach copy of Worker's
5920 TAHOE DRIVE SE PO BOX 888375 GRAND RAPIDS, MI 49588-8375 Compensation policy displaylng workers codes
d. Location ol Facility (No. and Street, City, State, ZtP) (Attach legal Description) e. City/TwpNillage f. County
1801 KEATING AVE MUSKEGON MI 49442 CITY OF MUSKEGON MUSKEGON
2. Type of Approval Requested
' 3. School District Where Facility is localed a. School Code
(3 NEW (SEC. 2(4)) 0 SPECULATIVE BUILDING (SEC. 3(8)) ORCHARD VIEW 61010
D TRANSFER (of existing certilicate) (1 copy only) 4. How Many Years cl Exemption Requested? (See note in box 19 regarding
• REHABILITATION (SEC. 3(1)) 0
RESEARCH and DEVELOPMENT (SEC. 2(9))
5. Explain Applicant's Principal Type of Business (Delailed description of operations}
Inclusion of the words "after completion.") 9 PERSONAL
Adac Plastics, Inc. is a manufacturer of engineered rroducts,primarily
for the automotive industry.
'
6a. Rehabilitation Applicants Only: General Description and Use of Existing Facilily (Number of buildings, type, size, use, products manufactured, type of research or development.)
N/A
b. Explain Degree and Type of Obsolescence Affecting Existing Facility.
N/A
7. Describe Project for Which Exemption is Sought {Type of Improvements to land, Building; Size of Addition; Personal Property Acquired• Explain New • Used, Transfered lrom
Out-of•State, etc.) and Proposed Use of Facility
New molding and assembly equipment for new contractual requirements.
This facility molds, paints and assembles door handle assemblies for
the automotive market.
a. a. Cost of land improvements (Itemize) Excluding cost of land $ a.
b. Cost of building improvements. (List major types & cost on attachment.)
Building permit required (See instructions on page 4, item 4) _. ······•· b.
c. Cost of machinery and equipment. (Itemize: month, day & year and total
' on attachment; see instructions on page 4, item 2) -·•······•··· .............. c. 2,876,776
d. Cost of furniture and fixtures. (Itemize: month, day & year on
attachment; see instructions on page 4, item 2) ...................................... d.
TOTAL PROJECT COST_ ...................................................................................................... $ 2,876,776
r.nntin11e>nn Dr:lnQ?
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no
,formation contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
,-,roperty for which this application is being submitted.
It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the State Tax Commission.
1s. Name of Person to Contact for Further lnfom,alion
William Powers
Tille
~J Phone
Mgr. Treasury Functi ns (616) 957-0520 Ext. 5529
Mailing Address
5920 Tahoe Drive SE PO Box 888375 Gr and 1l6p'hd s , Ml 495 IB-8375
Type Name of Company Officer
John Shape
i~ Q'/ J
s;gnMll(~-..J . .
-- q-.
11ue L
<.:f eJ;,t11')..'lf',,,·\ \\'...c~<;,.;<'..e-0
Dale
- "3--7- [)-~
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting application to the
State Tax Commission
19. Action Taken
DOCUMENTS BEQUIRED
D 1. Application plus attachments. (See inst. pg. 4, # 1-7)
• ABATEMENT APPROVED FOR Years D
D
2. Notice to the public prior to hearing to establish district.
3: Resolution establishing district.
Ending December 30, D 4. Notice to taicing authorities prior to hearing to approve
(not to exceed 12 years after project completion) application.
There are circumstances in which the words "after completion" could D 5. List of taicingauthorities notified.
extend the length of the exemption by 2 to 3 years. Please call the D 6. Resolution approving application.
Property Tax Division at (517) 373-2408 if a further explanation is D 7. (a) Letter of Agreement (Signed by local unit and
needed. applicant) per PA. 334 of 1993.
(b) Affidavit of Fees (Bulletin 3, 1/16/98).
• DISAPPROVED
20, Name of Local Government Body
D
D
a. 3222 (formerlyT-1044A) (if applicable).
9. Speculative building resolution & affidavits.
Date of Action on This Application
Attached hereto is a copy of the application and all documents required.
Signature of Clerk Date Phone
Cleik's Mailing Address City ZIP Code
State Tax Commission Rufe Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
A""lications received after October 31 will be acted uoon in the followina vear.
Mail completed application and all attachments to:
State Tax Commission *Information contained in this application
Michigan Department of Treasury and supporting documentation may be
P.O. Box 30471 subject to review by the public i f a
Lansing, Michigan 48909-7971 Freedom of Information Request is filed.
If you have any questions,please call (517) 373-2408or 373-3302.
1012 (page 2)
9. List Time Schedule for Start and Finish of Construction Stages and Equipment Installation. Project dates must be projected and completeJ I
within a two year period. (See Instructions, page 4, items 2 and 4.)
NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than '
6 months before this application is filed. Estimate dates when applicable.
Begin (M/D/Y) End(M/D/Y)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements:
SEE ATTACHMENTS NOT ACCEPTABLE).
Personal Propertv Improvements: 12/6/02 12/5/03
1Oa Are !he Buildings Owned or Leased by 1he Operalor of the Facilily? DOWNED IX] LEASED (Attach copyol lease.)
b. Is Applicant Liable for Payment of Ad Valorem Taxes on This Property? lxJ YES • NO
c. Are Machinery and Equipment, Furniture and Fixtures Owned or
Leased by the Operator of !his Facillly? Ix] OWNED D LEASED (Attach a copvol thetease.J
11. Will the Property for Which This Application is Filed be Included in an:
a. State Enterprise Zone or State Renaissance Zone D YES QI NO
b. 307 Site Contaminated Property File Number
Clerk's Certilication
D YES £1 NO
12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. CJ
a. Enter total number of employees at site prior to start of project. ...... ......... 259
············--·"·"··--·····
b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? .......... 259
c. Number of new jobs at this site expected to be created within 2 years of project compfetion?
·········•····
25
13. Has the project caused or will it cause, a relocation of employmentfrom one or more
Michigan governmental units to the unit in which the projectis or will be located?
a. DYES Ix] I
NO b. Number of Jobs Involved in Fadlily Relocation I c. Previous Location of Facility (City. Township, Village)
d. Attach a certified copy of the resolution passed by the governmental unit from which employment is
to be transferred consenting to the transfer of employment. Date resolution was adopted •...........
14. Rehabilitation applications: Complete a, band c. Attach assessor's statement of valuation for the entire plant rehabilitation district
a. SEV of Real Property (Exclude Land)
I
b. SEV ol Personal Property (Exclude lnvenlory)
.I c. Total SEV as of Dec. 31, 19_ _
15a The Facility is Located in the following Type of
District Established by the Local Governing Unit: b. Name of Governing Unit that Established District c. Date District was Established
Q9 INDUSTRIAL DEVELOPMENT DISTRICT 2/25/97
CITY OF MUSKEGON
Attach certified copy of resolution
D PLANT REHABILITATION DISTRICT and drawing of district
NOTICE AFTER DEC. 31, 1983: Section 9(2)(b) provides !hat a written request (Dale stamped by local uni!) to establish !he distlicl MUST be liled prior to
!he commencement of any Improvements or construction. Please furnish a copy of the written request.
16a. Is This Application for a Speculative Building (Sec. 3(8))?
Q9 NO- Goto 17below 0
YES • Complete b, c and d
b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c. Dale of Resolu!ion (Attach copy)
d. Date of Construction Commenced (See page 4, item 4)
e. Attach a Certified statement from the building owner and assessor that the building
has not been occupied since completion of construction. (See page 4, item 13.) 0 Owner D Assessor
.,
17 . Complete this seclton 1f appllcatton JS for a replacement fac1hty which will not be located on the same site or contiguous to the obsolete fac1hty .
..
The obsolete facility will be disposed of as follows:
CnntinlIA nn P:::mp '1
Resolution No. 2003-2 8 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
ADAC PLASTICS, INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
February 25, 1997, this Commission by resolution established an Industrial Development
District as requested by Adac Plastics, Inc., 1801 Keating AVenue, Muskegon, Michigan
49442;and
WHEREAS, Adac Plastics, Inc. has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to 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
March 10, 2003, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment had not begun earlier than six (6) months before
March 25, 2003, the date of the acceptance of the application for the issuance of an Industrial
Facilities Tax Exemption Certificate; 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 property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Adac Plastics, Inc., for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon to wit:
See Attachment A
3/10/03 2
3) . The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of nine (9) years on personal property.
th
Adopted this 25 Day of March 2003
Ayes: 7
Nays: o
Absent: o
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 n March 25,
2003.
3/10/03 3
. --" -·-~---- --·-- -----··· -----
'
001:- WESTSHORE ENGINEERING & C}vfrtNG, INC.
§sHORf)
009 CERTIFICATE OF SURVEY
iOR: ADAC
ATTACHMENT #1
PARCEL • A"
PART OF' LOT 15, PLAT orPORT CITY INDUSTRIAL CENTER. AS RECORDED IN USER 18 PLATS, or
PACES 31-JJ, MUSKEGON COUNn' RECORDS, CITY OF' MUSKEGON, COUNTY OF MUSKEGON, STATE
OF MICHIGAN, DESCRIBED AS FOLLOWS: ,
COl,OJ(NCE AT THE NORTHE:A.ST CORNt.R OF' SAID LOT 15 FOR 7HE PQ!NT pr BF'CJNN!NG~
THENCE SO\Jlli 01 DECREES 10 MINUTES Ja SECONDS WEST, RECORDED AS (SOUTH 01 DECREES
12 MINUTES JO SECONDS WEST) ALONC .THE EAST LINE or SAID LOT 15, A OISTANCE OF JS.DO •
F'EET:
THENCE SO\Jlli 86 DECREES 57 MINUTES 07 •
SECONDS WEST, A DISTANCE OF JO.J2 FEET:
THENCE NORTH 87 DECREES 40 MINUTES 25 SECONDS WEST, A DISTANCE OF 5J2.92 F'EET TO
THE WEST LINE OF SAID LOT 15: •
THENCE NORTH 01 DEGREES 01 MINUTES •s SECONDS CAST, RECORDED AS (NORTH 01 OECRE:ES
03 MINUTES 06 SECONDS EAST) A DISTANCE OF 441,18 FEET TO THE NORTH LINE OF SAID LOT 15;
THENCE SOUTH 89 DECREES <2 MINUTES 20 SECONDS EAST, ALONG SAID LINE, A DISTANCE or
963.22 F"EET TO THE PQINT o, BECINNJNG-
SA/0 PARCEL CONTAINS 9,93 ACRES, MORE OR LESS. •
SUBJECT TO.= ANO ALL EASEMENTS OR RESERVATIONS or RECORD DR APPARENT THEREOF,
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933 Ten-ace
Street, Muskegon, Michigan 49441, ("City") and ADAC Plastics ("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial development district or
industrial rehabilitation district pursuant to the provisions of Act I 98 of the Public Acts of I 97 4, 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
certificate.
B. That in addition to the statutory requirement, the City has determined that it is in the best
interests of the taxpayers, property 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
determination 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 industrial facilities
exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create the district
based upon the potential for the production of permanent 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 determined 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 certificate.
E. This contract shall become effective upon the issuance of an Industrial Facilities Tax
Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
1. 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:
1.1 That 50% percent of the promised new jobs shall be in place with full-time
employees on or before August , 2 0 ~ , and 50% percent of the said
jobs shall be in place with full time employees on or before March , 20.Qi_ Finally,
I 00% of the jobs shall be filled and in existence with full-time employees by a date no
Page 1
later than two (2) years from the date of the granting of the ce1tificate 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 agreement.
1.3 The Company shall meet the affirmative 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$ 2 • 9M 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 ce1tificate
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 folly 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 performed.
1.8 The Company shall maintain, during the entire period for which the tax abatement is
granted, the level of jobs, affirmative 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 authority 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.
1.10 The Company shall maintain the equipment and improvements so as to minimize physical
or fnnctional 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 term of the ce1tificate.
Page 2
2. AGREEMENT BY THE CITY. Provided this contract has been executed and further
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, detern1ine 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 certificate. 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 conm1itments 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 fo1ih 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
eqnipment 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 supporting and justifying reductions in
investment, failures to attain affirmative action goals or job losses, such as, without
limitation, written evidence of lost contracts, accounting information 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 affirmative
action goals, or loss of jobs should not form the basis for a finding of default.
3.5 The bankruptcy or insolvency of the 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.
Page 3
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
determined 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 IFT
certificate 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 occuned and inu11ediate 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 period 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 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 IFT 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 Affirmative Action Goals. In the event, after one (I) year from the grant of the certificate
by the State Tax Commission, the affirmative action goals of the City for additional jobs have
not been met on a prorata basis, the abatement shall be revoked.
Page4
4.6 For other violations of this Agreement or for actions or omissions by the Company
amoW1ting to grounds 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 prope11y of the Company personal and real, located in the City, for
the collection of the amounts due as and in the manner of prope1ty 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 Agreement shall be construed and enforced in accordance with the laws of
the State of Michigan applicable to contracts made and to be performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterpa11s. 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 MUSKEGO
ADAC PLASTICS l
By l.(j,JJJ@Jim~=- " "'
Its Executive VP/Managing Directo
ADAC Door Componen
a
Secretary/General Counsel
ADAC Plastics, Inc.
Page 5
Commission Meeting Date: March 25, 2003
Date: March 18, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Public Hearing concerning 2003 - 2004
CDBG/HOME recommendation and City
Commission Preliminary decision.
SUMMARY OF REQUEST: To conduct a public hearing concerning the
CDBG/HOME 2003-2004 recommendation, submitted by both the
administration and the Citizen's District Council.
The public hearing is to obtain comments from the public in reference to
the 2003-2004 CDBG/HOME allocation funding which is designated to
be $1,217,000 and $340,111 respectively, excluding any program
income and reprogrammed funding.
The Commission is also asked to make their preliminary decision on
what items should be funded and at what amounts.
The City Commission will be asked to make their final decision on April
8, 2003.
FINANCIAL IMPACT: The 2003-2004 allocations will be based on the
Commission decision.
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To conduct the public hearing and to
make preliminary allocation decision.
COMMITTEE RECOMMENDATION: The Citizen's District Council
recommendations are included with the recommendations submitted by
the administration.
2003 - 2004 CDBG / HOME ACTIVITY
City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Organization Name/Program Ti_tl~ Amount Requested Recommendation Recommendation Recommendation Final Decision
1 West Ml Veterans 5,000 5,000 5,000
Veterans Assistance
2 American Red Cross 5,000 5,000 5,000
Senior Transportation
3 Western Ml Legal Services 38,504 10,500 10,500
Counseling/Legat Education
4 Volunteer Muskegon 5,000 5,000 5,000
Mapping
5 Volunteer Muskegon 5,000 5,000 5,000
Keep Kids In School
6 HealthCARE 6,887 6,887 6,887
Health screening to /ow-income
7 Muskegon Community Health Project 5,000 5,000 5,000
"Miles for Smile Dental Services"
8 Pioneer Resources 8,580 0 0
Rec & Leisure for Develop Disabilities
9 Family Service Center 15,000 8,500 8,500
DAD'S Program
1O Bishop Daycare & Learning Center 25,000 0 0
Education Program Expense
11 Youth Outreach 79,900 0 0
Purchase of Building
12 Inspections 155,000 90,000 90,000
Demolition
13 Community and Neighborhood Services 185,000 172,500 172,500
Administration
City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Orqanization_Na_me/Proqram Title Amount Regu_1:~~ted Recommendation -..
Rl:!_c:_omm~_r:t_dati - ..
R~comml:!_r:i_cj~Ji,.,- _,.,, .... ..,
1:.in~LQ--'-' ..
14 Community and Neighborhood Services 165,000 155,000 155,000
Vinyl Siding Program
15 Community and Neighborhood Services 190,000 185,000 185,000
Emergency Repair Program
16 Community and Neighborhood Services 115,000 115,000 115,000
Rehab SeNice Deliver Program
17 Planning/DPW 50,000 40,000 40,000
Lot Clean up
18 Community and Economic Development 45,000 45,000 45,000
Code Enforcement
19 Community and Economic Development 50,000 30,000 30,000
Fagade
20 Finance 245,000 245,000 245,000
Repayment of Shoreline Dr. Bond Project
21 Depart of Public Works 60,211 50,000 50,000
Senior Transit
23 Engineering/ CNS 50,000 48,500 48,500
Sidewalk Assessment Relief
24 Engineering/ CNS 80,000 70,000 70,000
Street Assessment Relief
25 Leisure Services 77,000 70,000 70,000
General/Inner-City Recreation
26 CNS/Fire 3,500 0 0
Operation "Save Lives"
Total CDBG Request'Recommendations 1,669,582 1,366,887 1,366,887
Total CDBG Allocation 1,217,000 1,217,000 1,217,000
Program Income/Reprogram 150,000 150,000 150,000
Total 1,367,000 1,367,000 1,367,000
Allocated/Request Difference $ (452,582) 113 113
City Commission
Administration Citizen Distsrict Council Preliminary City Commission
Organization Name/Progrg1m Title Am_o_u_11t Requested Recommendation Recommendation Recommendation Fin~I Decision
1 Neighborhood Investment Corp. 130,350 85,000 85,000
Housing Rehab, Neighborhood Imp.
2 Bethany 73,000 55,000 55,000
Housing Rehabilitation
3 Habitat for Humanity 35,000 25,000 25,000
Acquistion
4 Community and Neighborhood Services 80,000 60,000 60,000
Tax-Reverted Infill
5 Community and Neighborhood Services 60,000 50,000 50,000
Tax-reverted Rehabilitation
8 Community and Neighborhood Services 10,000 10,000 10,000
Demo/Won
9 Community and Neighborhood Services 57,000 57,000 57,000
HOME Administration
Total Amt of HOME Request 445,350 342,000 342,000
HOME Allocation 320,000 340,111 340,111
Reprogram Funds 20,000 20,000
Total Amt Home Available 320,000 360,111 360,111
Total Amt Difference $ (125,350) 18,111 18,111
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Engineering ;)..o O 3 .;).. ~ c...)
RE: Public Hearing
Create Special Assessment District for:
Thompson St., Edgewater to Plum
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Thompson St.,
Edgewater to Plum, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Thompson St., from Edg<1water to Plum
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 25, 2003 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 March 25, 2003, there were ___% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
]. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.22% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
EXHIBIT A
Thompson St., Edgewater to Plum
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Thompson St.,
Edgewater to Plum
/ '
/
·1
/.,,. \('(l
IX
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'~
----·
ENGINEERING FEASIBILITY STUDY
For
Thompson St., Edgewater to Plum
The proposed reconstruction of Thompson between Edgewater & Plum was initiated by the City
due to the conditions its in. The existing conditions of that section of roadway, we feel, is
beyond salvaging. The proposed improvements consists of complete removal of the asphalt
including curbs & gutters and using asphalt pavement along with gravel base to construct a new
section with curbs & gutters.
The proposed improvements will address at least two of the established goals, and they are;
• Improve the City's infrastructure
• enhance the appearance of that area.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $200,000
with the length of the project being approximately 1000 lineal feet or 1364.47 of assessable
footage. This translates into an estimated improvement cost of$ I 46 per assessable foot. The
assessment figure will be at a cost not to exceed a $35.50 per assessable foot as established in the
2003 Special Assessment for this type of improvement.
• MUSKEGON COUNTY
173 E. APPLE AVE, BUii.DiNG C, MUSKEGON, MICHIGAN 49442
(231) 724·6386
.M CH GAN FAX (231) 724· 1129
EQUALIZATION DEPARTMENT
~ BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Mou!atsiotis
Clarence Start March II, 2003
'I Mohammed Al-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Mr. AI-Shatel:
I In accordance with your request, I have examined the proposed special assessment district
entailing the reconstruction of Thompson Avenue between Plum Street and Edgewater Street.
The purpose of this analysis is to document the reasonableness of this special assessment
I district by identifying and quantifying any accrued benefits. It is subject to the normal
governmental restrictions of escheat, taxation, police power and eminent domain. The
effective date is March 11, 2003.
I In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
I reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
I encompasses primarily residential properties. The front foot rate of$35.50 for the paving of
the above mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$36.49. The conclusions are based upon the data presented within
I this limited analysis in restricted format, and on supporting information in my files.
I Sincerely,
I '\ i \J:.,~ \J_ . ~"'N-l'\.,1--y
Vicki A Emery, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO/ ADA I AA Employer
recycled paper
MARCH 14, 2003
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving
project:
THOMPSON, EDGEWATER TO PLUM
The proposed special assessment district will be located as follows:
All parcels abutting Thompson. Edgewater to Plum
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are
conditions of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district
will be held at the City of Muskegon City Commission Chambers on MARCH
25,2003 at 5:30 P.M. You are encouraged to appear at this hearing, either in
person, by agent or in writing to express your opinion, approval, or objection
concerning the proposed special assessment. We are enclosing a Hearing
Response Card for you to indicate your agreement or opposition to the special
assessment. This card includes the property identification and description,
assessable footage per City policy, and the estimated cost of the assessment.
You may also appear, as above, in lieu of, or in addition to mailing your response
card to the City Clerk. Written objections or appearances must be made at or
prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU
TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT.
A. second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $200,000.00 of which
approximately 24.22% ($48,438.69) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
'l}/[/;;.~~/ 1/-t)l((
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1553
THOMPSON, EDGEWATER TO PLUM
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 infom1ation)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate 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
Homeowncr'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 staft)
~
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 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 MAY 31, 2003
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.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 25,2003
Project Title: THOMPSON, EDGEWATER TO PLUM
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 61.5 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL COST $2,183.25
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 721
PART OF LOTS 1 & 2
DESCAS
COM ON NWL Y LN LOT 2
Your vote COUNTS!
Owner
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Signature
---------- Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:
Clifford St., Miner Ave. to Lakeshore Drive
Edgewater St., Thompson Ave. to Wilcox
Mann St., Lakeshore Drive to Harrison Ave.
Moon St., Lakeshore Drive to Harrison Ave.
and
Thompson Ave., Plum to Edgewater St.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive
• All parcels abutting Edgewater St. from Thompson Ave. to Wilcox
• All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Thompson Ave. from Plum to Edgewater St.
It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00
P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
MARCH 25, 2003 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: March 15, 2003 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, Ml 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H 1553
RECONSTRUCTION HEARING DATE MARCH 25,2003
THOMPSON, EDGEWATER TO PLUM
24-205-721-0002-00 PESTARICKJ ASSESSABLE FEET: 61.5
3235 EDGEWATER ST COST PER FOOT: $35.50
@ 3235.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2. 183.25 1
24-205-721-0003-00 HOLMBERG JOHN E ASSESSABLE FEET: 45
1035 E HILE RD COST PER FOOT: $35.50
@ 3259.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,597.50 1
24-205-721-0004-00 THORN COLLEEN ASSESSABLE FEET: 50
3263 THOMPSON AVE COST PER FOOT: $35.50
@ 3263.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1
24-205-721-0005-00 BOHLAND SUZANNE ASSESSABLE FEET: 50
3269 THOMPSON AVE COST PER FOOT: $35.50
@ 3269.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1
24-205-721-0006-00 FRASIER DAVID/THERESA ASSESSABLE FEET: 50
3277 THOMPSON AVE COST PER FOOT: $35.50
@ 3277.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,115.00 1
24-205-721-0007-00 HOFFMAN KRISTOPHER J/FRAN ASSESSABLE FEET: 50
3281 THOMPSON AVE COST PER FOOT: $35.50
@ 3281.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,11s.oo 1
3/12/2003 Page 1 of 4
RECONSTRUCTION HEARING DATE MARCH 25,2003
THOMPSON, EDGEWATER TO PLUM
24-205-721-0008-00 KOHLER JERRY/SARA L ASSESSABLE FEET: 50
15712 LONG VIEW COST PER FOOT: $35.50
@ 3291.0 THOMPSON SPRING LAKE Ml ESTIMATED P.O. COST: I $1,775.oo 1
24-205-721-0009-00 PAGE LOREN E/GRETCHEN ASSESSABLE FEET: 50
3328 WILCOX COST PER FOOT: $35.50
@ 3295.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1
24-205-721-0010-00 VANBROCKLIN D/FILIP T ASSESSABLE FEET: 43
8353 WEATHERFORD AVE COST PER FOOT: $35.50
@ 3301.0 THOMPSON BROOKSVILLE FL ESTIMATED P.O. COST: I $1,526.50 1
24-205-721-0011-00 PAGE LOREN E/GRETCHEN A ASSESSABLE FEET: 50
3328 WILCOX COST PER FOOT: $35.50
@ 3305.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1
24-205-722-0001-00 MUSKEGON YACHT CLUB ASSESSABLE FEET: 40
3198 EDGEWATER ST COST PER FOOT: $35.50
@ 3220.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.00 1
24-205-723-0001-00 MUSKEGON YACHT CLUB ASSESSABLE FEET: 75.57
3198 EDGEWATER ST COST PER FOOT: $35.50
@ 3232.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,682.74 1
24-205-725-0007-00 ZACHARIASON HAROLD ASSESSABLE FEET: 71
1835 EDGEWATER ST COST PER FOOT: $35.50
@ 1835.0 EDGEWATER MUSKEGON Ml ESTIMATED P.O. COST: I $2,520.50 1
3/12/2003 Page 2 of 4
RECONSTRUCTION HEARING DATE MARCH 25,2003
THOMPSON, EDGEWATER TO PLUM
24-205-725-0008-00 SCHAUB RODNEY B/MARGARET ASSESSABLE FEET: 66
3232 THOMPSON AVE COST PER FOOT: $35.50
@ 3232.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,343.oo 1
24-205-725-0009-00 BACKSTROM ARTHUR W/MYRA ASSESSABLE FEET: 50
3244 THOMPSON AVE COST PER FOOT: $35.50
@ 3244.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1
24-205-725-0010-00 REICHERT BARBARA ASSESSABLE FEET: 100
3256 THOMPSON AVE COST PER FOOT: $35.50
@ 3256.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1
24-205-728-0008-00 DEVRIES KENNETH/CYNTHIA ASSESSABLE FEET: 75
1867 CHERRY ST COST PER FOOT: $35.50
@ 1867.0 CHERRY ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,662.50 1
24-205-728-0009-00 UNITED PENTECOSTAL CHURC ASSESSABLE FEET: 100
3320 THOMPSON AVE COST PER FOOT: $35.50
@ 3320.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $3,550.00 1
24-205-728-0009-10 BLAKE TOM/SUSAN ASSESSABLE FEET: 50
3222 PARK PLACE COST PER FOOT: $35.50
@ 3296.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $1,775.oo 1
24-205-729-0010-00 POOL GERARD N TRUST ASSESSABLE FEET: 82
3324 THOMPSON AVE COST PER FOOT: $35.50
@ 3324.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,911.00 1
3/12/2003 Page 3 of 4
RECONSTRUCTION HEARING DATE MARCH 25,2003
THOMPSON, EDGEWATER TO PLUM
24-506-001-0001-00 T JAPKES SUE A ASSESSABLE FEET: 79.4
3317 THOMPSON AVE COST PER FOOT: $35.50
@ 3317.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,a1a.10 1
24-506-001-0003-00 TUTTLE CHERYL E ASSESSABLE FEET: 76
3329 THOMPSON AVE COST PER FOOT: $35.50
@ 3329.0 THOMPSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,69a.oo 1
SUM OF ASSESSABLE FOOTAGE: 1364.47 SUM OF ESTIMATED P.O. COST: $48,438.69 I
TOTAL NUMBER OF ASSESSABLE PARCELS 22.00
3/12/2003 Page 4 of 4
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Thompson, Edgewater to Plum
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 14th DAY OF MARCH, 2003.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAYOF _ _ _ _ _ _ _~2003.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
March 21, 2003
Please note that the Muskegon Yacht Club would like additional public parking along
Thompson Street adjacent to the club property. We would like parking as close to the
property line as can be allowed. The parking can be either angular or parallel.
Thank You, J /)_J
Q,t.ui-'\~ .f{l'g,-
derald W. Gibbs
Commodore
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1
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ESi:.,ON$E COUNTS ·AS "11'.J'F~VOR'' OF PROJECT.;To have your vote count,t>lease.
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3256 THOMPSON AVE
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._ 1o/:....·-:..¢:J~~~- Signature
Addresd ,9oJ 7 )5kes/4urc p,,,_ Address
3
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 25, 2003
Project Title: MOON, LAKESHORE DR. TO HARRISON
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forvvarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form wiih a small piece of tape or staple pdu,· to ;nailing. iF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2101 MOON ST
Parcel Number 24-205-636-0013-00
Assessable Frontage: 61.88 Feet
RECEIVED
Estimated Front Foot Cost: $35.50 per Foot
lv\~R 211001
ESTIMATED TOTAL COST $2,196.74
Property Description C Clerks Office
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 636
LOTS 13 & 14
EXC
SWLY 20 FT
Y011r vote C:OUNTS!
Address;), lo I \l'½szx,-, C> < Address
2
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
\.
I '
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 25, 2003
Project Title: MOON, LAKESHORE DR. TO HARRISON
Project Description RECONSTRUCTION
JNSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
shovving. -Ge SL.ire to se&l the forrn vvith a srnall piece of tape or staple prior to··mailing. IF
· YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1980 HARRISON AVE
Parcel Number 24-205-635-0008-00
Assessable Frontage: 41.2 Feet
Estimated Front Foot Cost: $35.50 per Foot
RECEIVED
ESTIMATED TOTAL COST $1,462.60
MAR 1 9 2003
:,i Property Description
CITY OF MUSKEGON City Clerks Office
REVISED PLAT OF 1903
· BLK 635
PART OF LOTS 8 9 & 10 DESC AS FOL
COM AT NELY COR OF LOT 10 OF SD BLK
TH SEL Y ALG LOT LN 77.73 FT FOR POi3
Yni_,r votio r:n1 11\ITSI
•
_,,.,./"
Please vote either in favor or opposed to the Special Assessment Street Paving Proje_c:;t:'
1 AM IN FAVOR 1 AM OPPOSED Iv·(
Owner Ed,,:tt' c1l 1:v'ipr,_, /\, T. E t\.,,,.w,,_f;Q_(j)wner/Spouse
Signature Signature
---------·---
Address Address
Thank you for laking the time to vote on this important issue. 5
H-1549 MOON ST., LAKESHORE DR. TO HARRISON ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
= PERCENTAGE
LETTER ST#
FOR
ST NAME PARCEL#
TOTAL NUMBER OF PARCELS• 5
FEET LETTER# ST# ST NAME
OPPOSE
PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 309.240 *- 4 1991 LAKESHORE 24-205-635-0002-00 82.40 5 1980 HARRISON 24-205-635-0008-00 41.20
3 2017 LAKESHORE 24-205-635-0007-00 61.88 2 2101 MOON 24-205-636-0013-00 61.88
FRONT FEET OPPOSED 103.08 33.33%
RESPONDING FRONT FEET IN FAVOR 144.280 46.66%
NOT RESPONDING· FRONT FEET IN FAVOR 61.880 20.01%
TOTAL FRONT FEET IN FAVOR 206.160 66.67%
TOTALS 144.28 103.08
TABULATED AS OF: 05:02 PM
3/251035:03 PMTASULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON MOONS.xis
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Clifford St., Lakeshore Dr. to Miner
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Clifford, Lakeshore to
Miner project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2003-28 (f)
Resolution At First Hearing Creating Special Assessment District
For Clifford St., from Lakeshore Dr. to Miner
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 25, 2003 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 March 25, 2003, there were 2 2 • 4 3% 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
Depaitment 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
Commissionel)ll Scbwei fl er and Mayor 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 27.87% 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 ScbwE-ifler, Shepherd, Spataro, Warmington, Bnie, Gawron, Larson
Nays._ ----"'-'-LLI"""---------------- - - - - - - - - -- - -
CITY OF MUSKEGON
By ~Q~
. Gail A. K u ~ - k
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. 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.
EXHIBIT A
Clifford St., Lakeshore Dr. to Miner
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Clifford St., Lakeshore
Dr. to Miner
ENGINEERING FEASIBILITY STUDY
For
Clifford St., Lakeshore Dr. to Miner
The proposed reconstruction of Clifford St. Lakeshore Dr. & Miner was initiated by the City due
to the conditions its in. The existing conditions of that section of roadway, we feel, beyond
salvaging. In addition, the roadway is paitially gravel and has no curbs and gutters.
The proposed improvements will address at least two of the established goals, and they are;
• Improve the City's infrastructure
• enhance the appearance of that area.
As well as eliminate at least 400' of gravel roadway from the City street system
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $80,000 with
the length of the project being approximately 576 lineal feet or 706.51 of assessable footage.
This translates into an estimated improvement cost of $113 per assessable foot. The assessment
figure will be at a cost not to exceed a $31.56 35 (prorated value due to the width being less than
the standard 27') per assessable foot as established in the 2003 Special Assessment for this type
of improvement.
MUSKEGON COUNTY 173 E APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
(231) 724-6386
M C H G A N FAX (231) 724-1129
EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
am Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start March 11, 2003
Mohammed AI-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon, Ml 49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special assessment district
entailing the reconstruction of Clifford Street between Lakeshore Drive and Miner Avenue.
The purpose of this analysis is to document the reasonableness of this special assessment
district by identifying and quantifying any accrued benefits. It is subject to the normal
governmental restrictions of escheat, taxation, police power and eminent domain. The
effective date is March 11, 2003.
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
encompasses primarily residential properties. The front foot rate of$3 I .56 for the paving of
the above mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$33.03. The conclusions are based upon the data presented within
this limited analysis in restricted format, and on supporting information in my files.
Sincerely,
.' ' .
' \ ,)l.\..
()'.\ ' ~-
C:.,,"'-....:,_,>,j-;\
Vicki A Emery, CMAE 3 U
Senior Appraiser
I
TDD (231) 722-4103 • An EEO I ADA I AA Employer
I recycled paper
MARCH 14, 2003
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441 11
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving
project:
CLIFFORD ST. , LAKESHORE DR. TO MINER
The proposed special assessment distrid will be located as follows:
All parcels abutting Clifford, Lakeshore to Miner
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are
conditions of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district
will be held at the City of Muskegon City Commission Chambers on APRIL 8,
2003 at 5:30 P.M. You are encouraged to appear at this hearing, either in
person, by agent or in writing to express your opinion, approval, or objection
concerning the proposed special assessment. We are enclosing a Hearing
Response Card for you to indicate your agreement or opposition to the special
assessment. This card includes the property identification and description,
assessable footage per City policy, and the estimated cost of the assessment.
You may also appear, as above, in lieu of, or in addition to mailing your response
card to the City Clerk. Written objections or appearances must be made at or
prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU
TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $80,000.00 of which
approximately 27.87% ($22,297.46) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
.}
- ( / 1,~b(
-/(.. / / .I
.
,-··/?r~,/~'(i / ;·7 J 1- L (- ~-., /lt[ (/
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
STREET H-1558
CLIFFORD, LAKESHORE DR. TO MINER
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 infomrntion)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _ -_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _ -_ _
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include ~1! household income)
Wage earner:
\\'age earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Cun-en\ ( ) Delinquent Year(s) Due
(Property taxes must be current to quality and will be verified by CDBG staft)
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 of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
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
CLIFFORD, LAKESHORE DR. TO MINER
STREET H-1558
REQUEST FOR \VAIVER 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 Comm unit)
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
2002, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
165% 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 46,326
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
~1uskegon,Ml49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City resenies the right to ver((j1 all applicaUon i,formation, and to reject any applications that contain.fals{fied i1?formution or inst{f]icient
documentation.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 25, 2003
Project Title: CLIFFORD ST. , LAKESHORE DR. TO MINER
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes foiwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $31.56 . per Foot
ESTIMATED TOTAL COST $1,578.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
PART OF BLK 693
COM AT A PT ON S LINE OF LAKE ST
35 FT W OF THE E LINE OF BLK 693
THW30FT
Your vote COUNTS!
Owner
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Signature
---------- Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:
Clifford St., Miner Ave. to Lakeshore Drive
Edgewater St., Thompson Ave. to Wilcox
Mann St., Lakeshore Drive to Harrison Ave.
Moon St., Lakeshore Drive to Harrison Ave.
and
Thompson Ave., Plum to Edgewater St.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Clifford St. from Miner Ave. to Lakeshore Drive
• All parcels abutting Edgewater St. from Thompson Ave. to Wilcox
• All parcels abutting Mann St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Moon St. from Lakeshore Drive to Harrison Ave.
• All parcels abutting Thompson Ave. from Plum to Edgewater St.
It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Depa,tment between 8:00 A.M. and 5 :00
P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
MARCH 25, 2003 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DA TE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: March 15, 2003 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, Citv Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (23 I) 724-6773
SPECIAL ASSESSMENT H 1558
RECONSTRUCTION HEARING DATE MARCH 25, 2003
CLIFFORD ST., LAKESHORE DR. TO MINER
24-205-678-0001-00 DOUGLAS STEVEN M/EVE E ASSESSABLE FEET: 158.5
2471 LAKESHORE DR COST PER FOOT: $31.56
@ 2471. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $5,002.26 1
24-205-693-0001-16 BLAKE THOMAS E/SUSAN S ASSESSABLE FEET: 50
3222 PARK PL COST PER FOOT: $31.56
@ 2485. LAKESHOR MUSKEGON Ml ESTIMATED P.O. COST: I $1,57a.oo 1
24-205-693-0001-19 MITCHELL FRANKIE ASSESSABLE FEET: 45
2181 CLIFFORD ST COST PER FOOT: $31.56
@ 2181. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.20 1
24-205-693-0001-20 MOREY JAMES A ASSESSABLE FEET: 45
2187 CLIFFORD ST COST PER FOOT: $31.56
@ 2187. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,420.20 I
24-205-693-0001-21 RICHARDS ROBERT SR ASSESSABLE FEET: 60
2193 CLIFFORD ST COST PER FOOT: $31.56
@ 2193. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,893.60 1
24-205-693-0001-22 SCHNEIDER RANDALL P/NICKI V ASSESSABLE FEET: 30
2990 COUNTRY CLUB COST PER FOOT: $31.56
@ 2203. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: ,...._ _$9_4_6_.8_0_.I
24-205-693-0001-41 TOSCANO DARCEY J ASSESSABLE FEET: 30
2207 CLIFFORD ST COST PER FOOT: $31.56
@ 2207. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: . __I_ _$_9_46_.8_0_,I
3/12/2003 Page 1 of 2
RECONSTRUCTION HEARING DA TE MARCH 25, 2003
CLIFFORD ST., LAKESHORE DR. TO MINER
24-205-693-0001-42 HILLARD RODNEY/CAROL ASSESSABLE FEET: 30
4835 W 136TH ST COST PER FOOT: $31.56
@ 2211. CLIFFORD S GRANT Ml ESTIMATED P.O. COST: '~--$_9_46_.B_O~I
24-205-693-0001-43 GILBERT VIRGINA ASSESSABLE FEET: 30
2217 CLIFFORD ST COST PER FOOT: $31.56
@ 2217. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: j~_$_9_46_.B_O~J
24-205-693-0001-44 TROMBLEY JAMES ASSESSABLE FEET: 60
2223 CLIFFORD ST COST PER FOOT: $31.56
@ 2223. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $1,893.60 1
24-205-693-0001-45 TILFORD STEPHANIE ASSESSABLE FEET: 52.25
2241 CLIFFORD ST COST PER FOOT: $31.56
@ 2241. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: '~-$_1_,6_49_.0_1~
24-205-693-0001-46 DION EDWARD J ASSESSABLE FEET: 115.76
2226 CLIFFORD ST COST PER FOOT: $31.56
@ 2226. CLIFFORD S MUSKEGON Ml ESTIMATED P.O. COST: I $3,653.39 1
SUM OF ASSESSABLE FOOTAGE: 706.51 SUM OF ESTIMATED P.O. COST: $22,297.46 1
TOTAL NUMBER OF ASSESSABLE PARCELS 12.00
3/12/2003 Page 2 of 2
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Clifford, Lakeshore to Miner
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 MARCI-I, 2003.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _ , 2003.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES _ _ _ _ _ _ __
H-1558 CLIFFORD ST., LAKESHORE DR. TO MINER ST.
PROPERTY QWNE.R SPECIAL ASSESSMENT RESPONSE TABULAT\ON
= PERCENTAGE
LETTER# ST#
FOR
ST NAME PARCEL#
TOTAL NUMBER OF PARCELS. 12
FEET LETTER ST# ST NAME
OPPOSE
PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 706.510 "'** 5 2203 CLIFFORD 24-205-693-0001 ·22 30.00 11 2471 LAKESHORE 24•205-678-0001-00 158.50
FRONT FEET OPPOSED 158.50 22.43%
RESPONDING FRONT FEET IN FAVOR 30.000 4.25%
NOT RESPONDING- FRONT FEET IN FAVOR 518.010 73.32%
TOTAL FRONT FEET IN FAVOR 548.010 77.57%
TOTALS 30.00 158.50
TABULATED AS OF: 05:08 PM
3/25/035:0S PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CLIFFORD.xis
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Edgewater, Thompson to Wilcox
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Edgewater,
Thompson to Wilcox project, and to create the special assessment district and appoint
two City Commissioners to the Board of Assessors if it is determined to proceed with the
project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Edgewater, Thompson to Wilcox
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 25, 2003 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 March 25, 2003, there were ___% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 11.44% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 25, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
EXHIBIT A
Edgewater St., Thompson to Wilcox
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Edgewater St.,
Thompson to Wilcox
r=~--- ------ ~ - ~
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.· HEARING RESPONSE CARD
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COUNTS AS
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OF PROJECT,ro have your vote count, please.
' - , . ',. ,'. - ' -
. ·. . . ,f3eturn.Tl1i~pa.rq By MARyH25,2003 .
·· .ProjectTitle, . EDGEWATER, THOfv'IPS,ONTQ Wll,.COX
Project Peicriptibn ·· Mll,.Llf\JG& RESUR~~CING .· ·· ' .
•. . -~:J• ~' . .' , ..
·. . . . ·-'
INSTRUCTIONS
•· .·· frYquwish tohaVe your wriUen yote ln¢il.lded as part ~f the!abulation ofvotes.forwarded to
· thE:i yity (;omrnission fprthe scheduled pubHq heari.ng, pl.ease .return this card by the date
·. incJJca,tE:ld a,bpye: rouse this response card please indicate whether you Oppose or Favor
. this spE:iciaj.assessmenlproject, sign the form and return it to the City.Clerk's Office. To .
return thi.s c~rdby mail, simplyJpldOn.the dottecJline~ sh the acjdress oil the reverse sicle is
shqwir,g. Be sure tp.sea,I the form with a srna11 .piece oftape or staplE:l prior to ma Hing. IF
..YOLJpO ~dTSENDIN THIS FORMYOURVOTECOUNTS AS "IN FAVOR" OF
.. ::~~:~r~tlnfotmation •Y .· .. ··••···(.... . ........ ·. ·. .·. ··.·.• ·... · .. .
'PrCJpert/Addres;: •.·. . ·• .·1e2a Eb;EWAl"ER sT
·. ·Parc~INumber· .. 24-265-7;5-99~9~03.
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._,.;_· ·-< _ _ _;-,
. Property.Description
A\/
l
···•····.· YoUrvoteCOUNTS! ·
..Please vote· either. lnfavof Of"()pbos~dt()tfie ibJc:ial. As.~essrnentStreet •·Raving.Projf-Jct:
,AM/" F~v0~1 ;: J' . , AM oePoseo, J~
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· Addr~ss [82-~ Address •.-·. -·-.-- f&o~~~~ir- •·.·
..........- - - - - - - - - - - - - ·
Thank you Jor taking th~Jime to vote on tpis Important issue. · ·5
SPECIAL ASSESSMENT
HEARING RESPONSE CARD .
NO RE~PONstcoUNTS AS ''IN FAVOR!'QF~ROJECT-To haveyourvotecount, please·
. ' .. ' " ~,c-. ,, ·. ' . ,_. ·, . ' '· . . ',' . . ' ' ' , '. -_ .
· .. R~\urn.Jt1rs Card Sy :,MARQH25,2003
· ·. ·.. ··· •·· C1=:oGEWATER,THOMPSONrdw1Lcox
projecttfit/El:: ,;.:. .. ·.· • ..•. • ··•·•· ...... · , <•.:,. ;/ · . ·•• ,,.'"•• .
·.. · P;rojt:i()tP6:\lCriPtior., ,MILL.ING &~ESLJRffCiNp il. ;( •...
1Ns;~db~,6~s· ..• ·. . .·.· .·. . ···•······.....·•· · . . ·. · .
.· 1fyotJ vvi.s11 to .ha.Je your.wriUen vqt~ incluqid. asb1irtof.toe t~bulation of votes forwarded lo . .
..the City Con,missionfor the .scheduled ppblic hearing; pl~a.se return tt)is card by the: date
. ind.icatedab9yg; To use.t~isresponsepardpleasEljrJdicatelNhether you Oppose or Favor .·
this . speci1il. assessment project. sign the J:irmarid re\urn itto t~e City :Clerk's Office, .To
..·: . retyrnthiscard.1:>y.rpai[,simplyfold on.the doW;~dl.irJei:..,so.the address on thereyerse side is
showing. S,e sure to seal Jheforrn lNith a smaHpiece oftape Qr staple prior to mailing. IF
•YOU DO NOTSENO
PROJECT. . .INTHIS.FORMYOURVOTE
. . .. . . . . COUNT:S
·.•·· AS
··• ''IN...
FAVOR'.' OF
Asse'ssn1~nt 1hforinalion
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SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 2!5,2003
Project Title: EDGEWATER, THOMP$ON TO WILCOX
Project Description MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of tl1e tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this. i:::ard by mail, simply fold on the dotted lines so the address on the reverse side is
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YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1834 EDGEWATER ST
Parcel Number 24-205-725°9999-04
Assessable Frontage: 50 Feet
Estimated Front Foot Cost: $12.23 per Foot
ESTIMATED TOTAL COST $611 ·50 RECEIVED
Property Description
CITY OF MUSKEGON
MAR 2 4 2003
REVISED PLAT OF 1903
A PARCEL OF LANO LYING NE OF LOT 7 BLK 725 Cltv Clerks Office
& BOUNDED AS FOLLOWS ,
COM AT A PT ON ELY LINE OF EDGEWATER ST
49 FT NWLY OF NW COR EDGEWATER ST & THOMPSON AVE
Your vote COUNTS!
Owner
I AM iN FAVOR •
Please vote .either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
.
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Thank you for taking the time to vote on this important issue. 6
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NO RESF'ONSE COUNTS AS "lf\J FAVOR" OF l"RClJE'CT-To have you,· vote count, please
Return This Card By tviARCH 2£5,2003
Project Title: f'DGEWATER, THOMPSON TO WILCOX
Project Description MILLINC, & RESUF~FACING
INSTT~UCTIONS
If you wish to have your written vote included as part of the tabulation of votes fo1-wmded lo
the City Commission for the scheduled public hearing, please rnturn this card by tho date
indicated above, To use this response card please indicate wheH1er you Oppose or Favor
this special assessment prnjec!, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the rnverse side is
showing. lle sure to seal the form with a small piEJC'-' of tape or staple prior 1o mailing. IF'
YOU DO f\JOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOI~" OF
PROJF'CT.
,l\~_sessment lnformatior1
Property Address: 1827 EDC,EWATER ST
Parcel Number 24-205-725-0006-00
1;~,1Hb ®>1Jefo111
=• ~r ·
/.\ssoEsab!e Frontage: 50 Feet £DOZ S2§ 8iv~
$12.23 per Fool
Estirmited Front Foot Cost: CJ3/\1303ti
-.-~----=--
EST!l\>1/\TED TOTAL COST $611.50
Pmpe1·ty Description
i
CITY OF MUSl '•,," .
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made March 25 , 2003, by and
between the CITY OF MUSKEGON, a municipal corporation, with offices at 933
TeITace, Muskegon, Michigan 49440 (ASeller~), and THERESA L. MOYE of2183
Larue Street, Muskegon, Ml 49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell,
and Buyer agrees to buy, marketable record title of real estate, and all improvements
thereon, with all beneficial easements, and with all of Seller's right, title and interest in all
adjoining public ways, the real property located in the City of Muskegon, Muskegon
County, Michigan ("Premises"), and specifically described as:
LOT 12 & THE NORTHERLY 13.75' OF LOT 11,
BLOCK 336, OF THE REVISED PLAT OF 1903, CITY
OF MUSKEGON
(354 West Muskegon Avenue)
Subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon disclosure
and review of the same, and subject to any governmental inspections required by law.
2. Consideration. The purchase price for the Premises shall be One
Thousand and no/I 00 Dollars ($1,000.00) payable in certified funds to seller at closing.
Buyer shall also relocate an historic house to the property, which is deemed to be a public
benefit.
3. Taxes and Assessments. All taxes and assessments that are due and
payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and
special assessments that become due and payable after Closing shall be the responsibility
of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer, ten (10) days prior to
closing, a commitment for title insurance, issued by LandAmerica Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this
Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restrictions or easements of record disclosed by said title commitment is, in
the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days
from the date Seller is notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such restrictions
and remedies the title (by obtaining satisfactory title insurance or otherwise) within the
time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days
ofw1itten notification thereof. If Seller fails to resolve such restrictions or remedy the
0: Planning: COMMON Property Buildablc Lot Sales 2003 Bui!dablc Loi Sales"Thercsa Moye AT2.1! I.DO('
title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy
shall be paid by Seller.
5. Covenant to Relocate and Refurbish and Use. Buyer acknowledges
that, as part of the consideration inuring to the City, Buyer covenants and agrees to
relocate and refurbish on the premises a single-family historic home, up to all codes,
within eighteen (18) months of the closing of this transaction. Buyer fu11her covenants
that:
a. the home shall be moved from 341 Bauer Avenue, Muskegon, Michigan;
b. the name of the house mover and time schedule for moving the house will be
provided to the Seller prior to the day of closing. If said schedule is unacceptable
to the Seller, in its sole discretion, Seller may refuse to close;
c. Buyer shall provide Seller proof of financial capacity and legal ability to move
the structure currently located at 341 Bauer Avenue, Muskegon, Michigan. If
said proof is unacceptable to Seller, in its sole discretion, Seller may refuse to
close;
d. upon completion of refurbishment, Buyer shall contact the City Building
Inspector to request an inspection of the premises; and
e. the home shall be owner occupied for five (5) years after the property is in
compliance with all building codes.
The covenants in this paragraph shall survive the closing and run with the land.
6. Enforcement. In the event that paragraph 5 is violated, the prope11y and
all improvements then installed shall revert in title to the City, without any compensation
or credit to Buyer except Buyer may change the name of the house mover with prior
consent of Seller, and Buyer may change the time schedule for moving the house in the
event of inclement weather or other unpredictable conditions outside Buyer's control
provided that Buyer must complete the move as soon as practicable.
7. Survey. Buyer at its own expense may obtain a survey of the Premises,
and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to
Closing. Ifno survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's
own judgment as to the location, boundaries and area of the Premises and improvements
thereon without regard to any representations that may have been made by Seller or any
other person. In the event that a survey by a registered land surveyor made prior to
closing discloses an encroachment or substantial vaiiation from the presumed land
boundaries or area, Seller shall have the option of effecting a remedy within thirty (30)
days after disclosure, or tendering Buyer's deposit in full tennination of this Purchase
Agreement, and paying the cost of such survey. Buyer may elect to purchase the
Premises subject to said encroachment or variation.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
0: .Planning COMMON Prop,my Uuildah!e l.01 Sales 2003 Huildahk Lot Sale:; Thcre~a Moye ATB I I.DOC'
(
OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE
EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS
THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED
WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND
NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION,
AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH
STUBSTANCES ARE FOUND.
9. Real Estate Commission. Buyer and Seller both acknowledge and agree
that neither has dealt with any real estate agents, brokers or salespersons regarding this
sale, and that no agent, broker, salesperson or other party is entitled to a real estate
commission upon the closing of this sale. Buyer and Seller both agree to indemnify and
hold the other hannless from any liability, including reasonable attorney fees, occasioned
by reason of any person or entity asserting a claim for a real estate commission arising
from actions taken by the other party.
10. Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ , 2003 ("Closing"). The Closing shall be conducted at LandAmerica
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI
49444. If necessary, the parties shall execute an IRS closing report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to
Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
I3. Date of Possession. Possession of Premises is to be delivered to Buyer by
Seller on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any,
in the amount required by law. In addition, Seller shall be responsible to pay for the
recording of any instrument that must be recorded to clear title to the Premises, to the
extent required by this Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at
Closing.
0: Planning COMMON Property I3uildablc Lol Sales 200] Buildable Loi Sales Theresa Moye .A TD I J.OOC
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inse11ed in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be
read as plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
pat1ies.
d. Governing Law. This Agreement shall be interpreted and
enforced pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
g. Survival of Representations and Warranties. The
representations, waiTanties, covenants and agreements contained in this
Agreement and in any instrument provided for herein shall survive the Closing
and continue in full force and effect after the consummation of this purchase and
sale.
0: Planning·COMMON rropcrty' Dui!dab!c Lot Sales 20()] Buildablc Lot Sales Theresa Moye AT2.~l I.DOC
h. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year
first above written.
WITNESSES: SELLER: CITY
By
-::i::.,e,1e l)-,,_,,.,,ps;"-
d1,cea .lf-t:6-1 .·e..' '
Gail A. Kundinger, MMC, Clerk
BUYER:
<
0,·,~~ C Lu-
O:\Planning COMMON Property Buildablc l.01 Sales 200.1 Duildablc Lo! Sales Thmsll J\loyc AT2,~ I I .DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to THERESA L. MOYE of2183 Larue Street, Muskegon, MI 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
LOT 12 & THE NORTHERLY 13.75' OF LOT 11, BLOCK 336, OF THE REVISED PLAT
OF 1903, CITY OF MUSKEGON
(354 West Muskegon Avenue)
for the sum of One Thousand and no/100 Dollars ($1,000.00) and other valuable consideration.
PROVIDED, HOWEVER, Grantee, or its assigns, shall relocate and complete rehabilitation ofone (I) historic single family home
from its current location at 341 Bauer Avenue, Muskegon, Michigan to 354 Muskegon Avenue, Muskegon, Michigan within eighteen
( 18) months after the date hereof. Grantee covenants that the parcel described above shall be improved with not more than one (1)
single family home, which shall be owner-occupied for five (5) years after complete rehabilitation of said home. These covenants and
conditions shall run with the land. "Complete rehabilitation' 1 means: (1) issuance of a residential building pennit by the City of
Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building pcnnit. In default of any of the covenants and conditions herein, at the sole discretion of the City of
Muskegon, title to the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its assigns.
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 25th day of~~M_a_r_c~h_ _ _ , 2003.
Signed in the presence of:
,JJtJLILc.. _jJ£n11lJ...s;,:,OcJl/.______ By
'5] n e t)., "':/s t1 U Steph . 1
vr/oicilcJ
/ / ~hfq ;?,
/4-£
f IN,..
and ilcl,J:'_ ,. . ,~=--.J!.w.-aJI/'--../
Gail A Kundinger, MMC, Its C!erk d
O:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2003 BUILDABLE LOT SALESITHERESA MOYEIAT2311.DOC
STATE or MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this c--"'<01/, day of
.fl½ cc/? , 2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC,
Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe
City. /)
lo C/l
PREPARED BY: John C. Schrier ..,'---_--'' Notaty Public
-'dflLUL~"'-'--L12-'-r-"-f-'I'-'
Pannenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 7- ,;,S -O 6
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
0: .Planning COMMON Property Buildablc Lot Salcs-2003 Buildab!e Lot Sales Theresa Moye AT2311.DOC
SURVEY WAIVER
Date: June 18, 2003
RE: 425368
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 354 W. Muskegon Ave
Muskegon, MI 494430536 Muskegon, Michigan 49440
County: Muskegon
\fa, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey sho\'./ing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and, its employees and/or agents, from any
responsibility and/or liability concerning or pertaining to survey matters, including, but
not limited to size of lot or land, location of boundary line, location of building and
encroachments.
PURCHASER(S): SELLER(S):
~J-;:\t.LLM
Theresa L. Moye
£ Uei.vu-=
\/]/L"
r -.City of Mus keg on
,e.
BY //iC~.
Brian Lazor ,Sslstant Planner
LANDAMERICA TRANSNATION TITLE INSURANCE
570 Seminole Road
Muskegon MI 49444
Date: June 18, 2003
Escrow Number: 425368
Property Address: 354 \.I. Muskegon Ave
Muskegon, Michigan 49440
SE LLER'S STATEMENT
DEBIT CREDIT
Purchase Price I• I• 1,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400.00 I
CLOSING FEES I 300.00 I
OWNERS PREMIUM I 190.00 I
Real Estate Co11Y11ission I I
Sub Total I• 890.00 I• 1,000.00
Amount due Seller $ 110.00
TOTALS $ 000.00 $ 1 000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Sel\er(s) Slgnature(s):
AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 425368
}SS
COUNTY OF Muskegon }
That City of Muskegon a Municipal Corporation being first duly sworn on oath says that
they are the true and lawful owner(s) of the premises located at:
354 W. Muskegon Ave
Muskegon, Michigan 49440
AND
I. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property,
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon
BY /7 /0 _--
Btianlazor, Assistant Planner
Subscribed and sworn to, before me a Notary Public, this 18th day of June, 2003
MELINDA K. PRAUSE
Natal)' Public, Muskegon County, Michlgru1
L4lfl.of1rita ✓-814,/Jp
My Commission Expires 05/08/07 Notary Public _ _ _ _ _ _ _ County
My Commission Expires:
~00°3-;;1...ct_ C..-)
Commission Meeting Date: March 25, 2003
Date: March 13, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmen®
RE: Sale of Buildable Vacant Lot on Muskegon Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 362 W . Muskegon (designated as parcel
number 24-205-336-0011-00) described as THE SOUTHERLY 52.25' OF LOT 11, AND
THE NORTHERLY 27.5' OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903,
CITY OF MUSKEGON to Millie Ortiz and husband Kenneth Richardson, of 1158 Walnut
Grove, Muskegon, Ml 49441 . The lot is 79.5 X 132 ft. and is being offered to Millie Ortiz and
husband Kenneth Richardson for $1,000. She plans to move a home from 1077 Pine Street
to this vacant land. The value of the lot was set at $1,000 by the Historic Home Infill
Program.
FINANCIAL IMPACT:
The sale of this lot for the moving of a home will generate additional tax revenue for the City
and will place the property back on the City's tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
3/13/03
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made March 25 , 2003, by and
between the CITY OF MUSKEGON, a municipal c0111oration, with offices at 933
Te1rnce, Muskegon, Michigan 49440 (ASeller~); and MILLIE ORTIZ and KENNETH
RICHARDSON of 1158 Walnut Grove, Muskegon, MI 49441 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell,
and Buyer agrees to buy, marketable record title of real estate, and all improvements
thereon, with all beneficial easements, and with all of Seller's right, title and interest in all
adjoining public ways, the real property located in the City of Muskegon, Muskegon
County, Michigan ("Premises"), and specifically desc1ibed as:
THE SOUTHERLY 52.25' OF LOT 11, AND THE
NORTHERLY 27.5' OF LOT I 0, BLOCK 336, OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON
(362 West Muskegon Avenue)
Subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon disclosure
and review of the same, and subject to any governmental inspections required by law.
2. Consideration. The purchase price for the Premises shall be One
Thousand and no/100 Dollars ($1,000.00) payable in certified funds to seller at closing.
Buyer shall also relocate an historic house to the prope1ty, which is deemed to be a public
benefit.
3. Taxes and Assessments. All taxes and assessments that are due and
payable at the time of Closing shall be paid by Seller plior to or at Closing. All taxes and
special assessments that become due and payable after Closing shall be the responsibility
of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer, ten (I 0) days prior to
closing, a commitment for title insurance, issued by LandAme1ica Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this
Agreement, guaranteeing title on the conditions required herein. In the event the
reservations, restlictions or easements of record disclosed by said title commitment is, in
the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days
from the date Seller is notified in wliting of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such restrictions
and remedies the title (by obtaining satisfactory title insurance or otherwise) within the
time specified, Buyer agrees to complete this sale as herein provided, within ten(] 0) days
of written notification thereof. If Seller fails to resolve such restrictions or remedy the
0: Planning COMMON Property Buildablc Lot Sales 200J Buildable Lot Sales Millie Ortiz AT2J 14.DOC
title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy
shall be paid by Seller.
5. Covenant to Relocate and Refurbish and Use. Buyer acknowledges
that, as part of the consideration inuring to the City, Buyer covenants and agrees to
relocate and refurbish on the premises a single-family historic home, up to all codes,
within eighteen (18) months of the closing of this transaction. Buyer further covenants
that:
a. the home shall be moved from 1107 Pine Street, Muskegon, Michigan;
b. the name of the house mover and time schedule for moving the house will be
provided to the Seller prior to the day of closing. If the time schedule is
unacceptable to City in its sole discretion, City may refuse to close;
c. Buyer shall provide Seller proof of financial capacity and legal ability to move
and rehabilitate the structure currently located at 1107 Pine Street, Muskegon,
Michigan. If said proof is unacceptable to Seller, in its sole discretion, Seller may
refuse to close;
d. upon completion of refurbishment, Buyer shall contact the City Building
Inspector to request an inspection of the premises; and
e. the home shall be owner occupied for five (5) years after the property is in
compliance with all building codes;
The covenants in this paragraph shall survive the closing and run with the land.
6. Enforcement. In the event that paragraph 5 is violated, the property and
all improvements then installed shall revert in title to the City, without any compensation
or credit to Buyer except Buyer may change the name of the house mover with prior
consent of Seller, and Buyer may change the time schedule for moving the house in the
event of inclement weather or other unpredictable conditions outside Buyer's control
provided that Buyer must complete the move as soon as practicable.
7. Survey. Buyer at its own expense may obtain a survey of the Premises,
and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to
Closing. Ifno survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's
own judgment as to the location, boundaries and area of the Premises and improvements
thereon without regard to any representations that may have been made by Seller or any
other person. In the event that a survey by a registered land surveyor made prior to
closing discloses an encroachment or substantial variation from the presumed land
boundaries or area, Seller shall have the option of effecting a remedy within thirty (30)
days after disclosure, or tendering Buyer's deposit in full termination of this Purchase
Agreement, and paying the cost of such survey. Buyer may elect to purchase the
Premises subject to said encroachment or variation.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL
0: Planning COMMON Property Bui!dablc Lot Saks 200~ Bui!dabk Lo1 Snlcs Millie Ortiz AT2:\l4.DOC
OPERA TE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES
ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND
AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE
EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS
THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED
WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND
NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION,
AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH
STUBSTANCES ARE FOUND.
9. Real Estate Commission. Buyer and Seller both acknowledge and agree
that neither has dealt with any real estate agents, brokers or salespersons regarding this
sale, and that no agent, broker, salesperson or other paity is entitled to a real estate
commission upon the closing of this sale. Buyer and Seller both agree to indemnify and
hold the other hannless from any liability, including reasonable attorney fees, occasioned
by reason of any person or entity asserting a claim for a real estate commission arising
from actions taken by the other party.
10.Closing. The closing date of this sale shall be on or before
- - - - - - -, 2003 ("Closing"). The Closing shall be conducted at LandAmerica
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI
49444. If necessary, the parties shall execute an IRS closing report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to
Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by
Seller on the date of Closing.
14. Cost~. Seller shall be responsible to pay the Michigan transfer tax, if any,
in the amount required by law. In addition, Seller shall be responsible to pay for the
recording of any instrument that must be recorded to clear title to the Premises, to the
extent required by this Agreement. Buyer shall pay for the cost of recording the deed to
be delivered at Closing.
I 5. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
0: Planning COMMON Proper1y 8uildah!e Lot Sales 2003 Buildablc Lot Sales Millil· Ortiz A1'2314.DOC
b. Pronouns. When applicable, pronouns and relative words shall be
read as plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.
d. Governing Law. This Agreement shall be interpreted and
enforced pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be
binding upon the patties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
constmed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
g. Survival of Representations and Warranties. The
representations, warranties, covenants and agreements contained in this
Agreement and in any instmment provided for herein shall survive the Closing
and continue in full force and effect after the consummation of this purchase and
sale.
O:'.Planning\COMMON .Property Buildubk Lot Si-lies 2003 Buildablc Lot Saks Millie Ortiz AT2314.DOC
h. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year
first above w1itten.
WITNESSES:
Gail A. Kundinger, MMC, Cler~
BUYER:
C /
Kenneth Richardson
O:\P!anning COMMON Property Buildabk Lol Saks 200J 8uiklnblc Lot Snks Millie Ortiz AT2J 14.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to MILLIE ORTIZ and KENNETH RICHARDSON of 1158 Walnut Grove, Muskegon, Ml 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5'
OF LOT 10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF
MUSKEGON
(362 West Muskegon Avenue)
for the sum of One Thousand and no/I 00 Dollars ($1,000.00) and other valuable consideration.
PROVIDED, HOWEVER, Grantee, or its assigns, shall relocate and complete rehabilitation ofone (1) historic single family home
from its cun-ent location at 1107 Pine Street, Muskegon, Michigan to 362 West Muskegon Avenue, Muskegon, Michigan within
eighteen (18) months after the date hereof. Grantee covenants that the parcel described above shall be improved with not more than
one (I) single family home, which shall be owner-occupied for five (5) years after complete rehabilitation of said home. These
covenants and conditions shall run with the land. "Complete rehabilitation" means: (1) issuance of a residential building pem1it by
the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Directorof Inspections, substantial completion of the
dwelling described in the said building pennit. In default of any of the covenants and conditions herein, at the sole discretion of the
City of Muskegon, title to the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In
addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its assigns.
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 25thdayof March
~ - - - - - - ~,2003.
CITY OF MUSK
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O:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2003 BUILDABLE LOT SALES\MILLIE ORTIZIAT2314.DOC
STA TE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _,;,?{, ;/, day of
/1l1 1 c /2 , 2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC,
Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the
City.
1
~ .
17-/4 -/>' !/17.ll
· -lU1
PREPARED BY: John C. Schrier z,ji;s,.7{;/~ ~ Notary Public
Pam1enter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 1/ -· d~C- ,:, {
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
0: Planning C01'vlMON Property 13uildable Lot Sales 2003 Buildablc Lo! Sales Millie 011i7.AT2314,DOC
Resolution No.2003-29 c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 362 W. MUSKEGON
AVENUE IN NELSON NEIGHBORHOOD FOR $1,000.
WHEREAS, Millie Ortiz and husband Kenneth Richardson, have placed a $400 deposit for the
parcel designated as parcel number 24-205-336-001 l-00, located at 362 W. Muskegon Avenue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with the Historic Home Infill Program;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-336-0011-00, located at
362 W. Muskegon A venue be sold to the above-mentioned buyer.
THE SOUTHERLY 52.25' OF LOT 11, AND THE NORTHERLY 27.5' OF LOT
10, BLOCK 336, OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON;
Adopted this ~ day of March, 2003
Ayes: 7
Nays: o
Absent o
Attest: ,
Gail A. Kundinger, MMC, Cl rk
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on March 25, 2003.
By: tla.11 Q
Gail A. Kundinger, MMC, Cl (
Commission Meeting Date: March 25, 2003
Date: March 14, 2003
To: Honorable Mayor and City Commiss?1~ s
From: Planning & Economic Development~ ? )
RE: Rezoning request for property located at 808 Oak Ave. (NE
comer of Oak Ave. and Getty St.)
SUMMARY OF REQUEST:
Request to rezone property located at 808 Oak Ave., at the NE corner of Oak Ave. and
Getty St., from R-1 , Single-Family Residential to RM-1 , Low Density Multiple-Family
Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission voted to deny the request at their 3/13 meeting. The vote
was unanimous.
3/14/2003
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 13, 2003
Case 2003-3: Request for a rezoning from R-1, Single Family Residential to RM-1, Low
Density Multi-Family Residential. (tabled)
BACKGROUND
Applicant: Ron Boeringa Owner: James Bultema
Address/Location of Subject Property: the northeast corner of Getty Sh·eet and Oak Avenue
Current Use: vacant greenhouse
Current Zoning: R-1 single-family
Proposed Zoning: RM-I, low density, multi-family.
STAFF OBSERVATIONS
I. In the past few years, this property has been the subject of a B-4 rezoning request, a use variance
request, and a Planned Unit development request (all for a mini-storage facility and all denied).
2. The subject property is located within two different zoning districts, R-1 and OSC. The
property has frontage along Getty St., as well as Oak Ave., and contains a pmiion of the
Ryerson Creek ravine in the rear pmiion, and along the Getty St. frontage.
3. There is a vacant business located on the R-1 pmiion of the subject property, Vanderstelt
Greenhouses. This existing use is non-conforming. There has been some asse1iion that this
property is difficult to develop, because of a significant slope and floodplain, which limits
design options.
4. During one of the previous cases on this prope1iy, staff suggested that if the owner felt single-
family zoning was inappropriate for the site, perhaps a PUD under an RT or R-1 zoning would
allow some flexibility on how structures were placed on site.
5. This request only involves the single-family (R-1) area and not the OSC designated area of the
parcel. The applicant is proposing a low-density multi-family development (4-plexes) although
the district permits three stories and 16 units per acre.
6. The OSC portion of the parcel could be part of the required 15% open space in a RM-I or PUD
development.
7. Staff asked if the development was intended to be "market rate". The applicant indicated that
was his intent, but the applicant is not obligated to make it "market rate."
City of Muskegon Planning Commission - 3/13/03 I
8. The Future Land Use Map shows a small portion of the subject property, right on the corner of
Getty St. and Oak Ave., to be Single & Two-Family Residential. The rest of the subject
property is shown as Open Space.
9. The Master Land Use Plan states:
• Ryerson Creek and Fourmile Creek traverse the sub-area [12]. These systems provide wildlife
habitat, greenspace, and help to identify the area's character.
It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while
setting aside small segments suitable for commercial and industrial uses in a highly compatible,
non-threatening fashion.
• Strip commercial development of a mixed variety is found along Apple Avenue near the US-31
and Getty Street intersections ... An industrial area is located near the intersection of Getty
Street with Seaway Drive (Skyline Drive). This area is situated directly across ji·om the
Teledyne Continental Plant. The industrial area is isolated/buffered by woodlands and
wetlands associated with the Muskegon River.
10. The Master Plan recommends for this sub-area:
• Clustered commercial development should be confined to the US-31 and Getty Street
intersections, consistent with similar development ident/fied in Sub-Areas 3 and 4.
11. The subject property is located several blocks north of the more commercialized Apple Avenue
corridor, and is almost completely sunounded by residential uses and some vacant, open space
behind. The Master Plan clearly recommends that the focus of the area stay residential.
ORDINANCE EXCERPTS
R-1 Single-Family Residential
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the disrt·ict and prohibit activities not compatible with a
residential neighborhood. Development is !united to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently
urbanized communities, and the standards in Section 2100 reflect residential development standards that the citizens of
Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no buildh1g or land shall be used and no building shall be erected, sh·ucturally
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this
Ordinance;
I. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but are
not limited to the following: [amended 11/02]
City of Muskegon Planning Commission - 3/13/03 2
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred
(1,500) feet from any other similar facility. [amended 11/02]
3. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
4. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit
swimming pool clubs, all subject to the following conditions: [amended 2/02]
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
general, technical, or religious education not operated for profit, all subject to the following conditions:
3. Churches and other facilities normally incidental thereto subject to the following conditions:
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such uses
are set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
8. Uses similar to the above Special Land Uses Permitted.
ARTICLE VII- RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling
structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the
lower density One Family and Two Family Residential Districts, and MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
City of Muskegon Planning Commission - 3/13/03 3
In an RM-I Low Density Multiple Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one(!) or more of the following specified uses, unless otherwise
provided for in this Ordinance:
I. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the lot area,
yard, and floor area requirements for one (l) and two (2) family dwellings equal to at least the requirements of
the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot in any
residential district.
4. Tourist homes having not more than two (2) guest rooms provided the premises fronts on a street which is
officially designated as a major thoroughfare or collector thoroughfare.
5. Rooming houses with a capacity ofnot more than three (3) roomers.
6. Churches and other facilities normally incidental hereto subject to the following conditions:
7. Home occupations ofa non-industrial nature may be permitted. Permissible home occupations include, but are
not limited to the following: [amended 11/02]
8. Foster Care Small Group Homes. [amended 11/02]
9. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.
10. Uses similar to the above Principal Permitted Uses.
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers,
or other professional persons; real estate, insurance, credit service (other than loan) offices and similar
businesses supplying services instead of products when determined by the Planning Commission upon
application to it, to be consistent with the nature and condition of neighboring uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the
activities of which are conducted by mail, and which are not displaying or handling merchandise or rendering
service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in
dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet
from any other lot in any residential district.
City of Muskegon Planning Commission - 3/13/03 4
4. The office of a resident physician, dentist, architect, engineer, attorney, or similar professional person when
located within his dwelling, provided that not more than one (I) person not a resident in said dwelling is
employed in such offices.
5. Hospitals, sanitariums, and convalescent or nursing homes.
6. Adult Foster Care Large Group Homes, provided that such facility shall be at least one thousand five hundred
(1,500) feet from any other similar facility. [amended 11/02]
7. Previously existing or established commercial uses not already conve1ted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
8. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
9. Uses similar to the above Special Land Uses Permitted.
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 which 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"?
City of Muskegon Planning Commission - 3/13/03 5
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 uot
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
City of Muskegon Planning Commission - 3/13/03 6
CITY OF MUSKEGON
RESOLUTION #2003- 2 9 (d )
RESOLUTION OF DENIAL FOR REZONING REQUEST
WI-IEREAS, a request to rezone property located at 808 Oak Ave., at NE comer of Oak Ave. and
Getty St., from R-1 , Single-Family Residential to RM-1 , Low Density Multiple-Family Residential
was considered by the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on March 13,
2003, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 25 th day of March, 2003.
Ayes: 7
Nays: o
Absent: o
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, a regular meeting held
on March 25, 2003.
3/14/03 2
I City of Muskegon N
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PAGES 19 to 26 inoluaive, Huakeeon 8ounty 1ecard1.
lorl/le111motlXiMPr UNDER SECXION 5(o) Act 317 P.A. 1968
Dlllld 11111 let SEP'J:IIHBER 1998
Si,,.d IINIIINlod:
.1_.,__;,...__,iii~::;..~,l;;..,:~R:,1:;,J,1ta1.!3<:i.4~--''"·S.)
DL • SHffitl'
---1•1&ia.1.lX.i.deLlJJ.]..liJi.__!ISihbt..•Lttd..d_ _ _ _ _ (L.S,)
COUNTY OF HU8KEGON
TIii for19olnJJ lnll/tMMnl--14Qtd-- mo t1t1o "(1) ht
tlw 0 (2) IDELL L, SHEARD
-~ _,__ _ _ _ _ _ _ _ _ _"'""'(L8.)
_ _ _ _ _ _ _ _ _ _ _ _ _ (LS.)
~cl SEPTl!IIBEB 1998
aka 14.eU G. Shand
'No!At: (1 )lllull dlW (2)lnMrt namo ti pellO!l(o) ~ (Grelllor)
__
(S)9lpnature or P9l'10l1 takklll &cl;louw,rnem
... __,.
3. W Ille - cl It perfol'mecl
_.,_llndlllolllllon,
- by: R!GINALP 700HJS
--cltlla- --.-.
ll• ronkGltllloend- ~nttt,\k,BIT
MUSXICON HTS., HI. 49444
numbll, w ..,, "' tit• -
lllllnt lie -.-am • III. The
Pllfllmt#III ... - aol IDILL L. SHllll)
- tlte $lllt Ill - ~
1968 LI.AJIY STl!ET
~--loflA"-d, IIIJBXl!GOI, HI. 49442"-
fMRlf ....
'·
11 B.'\ ~ 1inulL':,; I~ 5 ·02
#02-02-068 - 1968 Leahy (Garage) - Idell Sheard, same address
Edward Sheard was present to represent this property. He will demolish the
garage within 30-45 days.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence at
their second meeting in January 2003.
A motion was made by Jerry Bever and seconded by Nick Kroes to accept staff
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner
The motion carried.
#02-052 - 1337 Marquette - Equicredit, Jacksonville, FL
olvin and Colin Thomas were present to represent this ca
been m by them and accepted by Equicredit. There wa me discussion on
the quality o e roof and Henry Faltinowski stated he d inspect it with them.
An interior inspe · n has not yet been conducted
Staff Recommendation:
AYES: EXCUSED:
Greg Bo an
Ran ackie Clara Shepherd
J Bever
5 o(9
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: September 26, 2002
Address of the Property: 1968 Leahy (Garage), Muskegon, Michigan
TO: Hattie & Idell Sheard, 1968 Leahy, Muskegon. Ml 49442
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. '""X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
'{M~rrk's
Robert· B. Grabinski, Director of Inspections
O·\INSPECTIONS\GRABINSKI_LORRAINE\WOR01HBA MEETINGS\STANOARO FORMS\OROER TO DEMOLISH DOC
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1968 Leahy
(GARAGE)
9/11102
Inspection noted:
I. Roof deteriorated with holes.
2. Exterior needs paint.
3. Siding needs repair.
4. Footing and foundation inspection required.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
Lt.. ·J (! < -
C .~ le... c; -,}--; ·(' _.,_
HENRY FA" INOWSKL BUILDING INSPECT R DATE
0:\1 nspections\Grabinski~ Lorrnine\Word,DANGEROUS BUILDING INSPECTION REPORTS•.1968
Leahy -G.doc
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: March 11, 2003
1968 Leahy (Garage only)
(Address of Property)
TO: All owners and interested parties:
Hattie & Idell Sheard, 1968 Leahy, Muskegon. Ml 49442
None
(Other interested parties)
On December 5, 20,02 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Thursday, March 25, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Thursday, March 25, 2003, at the Muskegon City Hall, 933 Terrace
Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant
evidence and arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
~-~ ~F Af P~ALS
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~ADAMS
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For The Inspection Department File#: 424885
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Timothy Hatcher
PROPERTY: 465 Adams
PARCEL NO: 24-205-008-003-00
DESCRfPTION: Wly 42 ft. Lot 3 Blk 8
FROM RECORDS OF TRANSNATION TITLE
LffiER: 1030
PAGE: 40
DATE OF DEED: 1anuary 4, 1974
GRANTOR NAME & ADDRESS: Secretary of Housing and Urban
Development, of Washington, D.C., acting through the federal Housing
Commissioner
GRANTEE NAME & ADDRESS: Timothy C. Hatcher, a single man; 465
Adams Ave., Muskegon, Mi 49442
LIENS OR MORTGAGES: None
TODA Y'S DATE: February 14, 2003
EFFECTIVE DATE: January 21, 2003 at 8:00 AM
Abstracted by: ~ dµ..,, Om/}:V ~
TRA NATION TITLE INSURANCE COMPANY
The abO\IO inlonn»tiol\ is IO bi: used for ,cformct purposes only 11nd 001 lll be rolled upon Wli tvidtncc <>I' 1ido •ndlor
entumbn&nci:,, Accordingly, uid lnform.:ation is furnished .11t II reduced r..itc, and th~ Cornp11r1y's lillbilil)' shwl In no irvonl
e.11"1:d lht 1mow.1 pWd ror ,aid lntormltion, • hould evidonco oftillo and/OJ cncumbr:.nccs be desired, uppliation ror tillc
intulllllte ahl>uld bo p!K:cd wilh ·rnr.n~nu1ion Tillo llmmmcc Campi.ny.
CITY OF MuSKEGON
DANGEROUS BUILDING INSPECTION REPORT
465 Adams
(GARAGE)
9111/02
Inspection noted:
1. Garage structure extremely deteriorated and must be demolished.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
r; .
~\'.'.'-
ECTOR
O:\lnspectionslGrabinski~Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\465
A A,,.,,,. r. rln,-
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: September 26, 2002
Address of the Property: 465 Adams (Garage), Muskegon, Michigan
TO: Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. "'X,___ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: February 13, 2003
465 Adams (Garage only)
(Address of P.roperty)
TO: All owners and interested parties:
Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442
None
(Other interested parties)
On November 7, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FORJl:lE HOUSING BOARD OF APPEALS
✓ un~.
By_--1----------------
Robert . Grabinski, Director of Inspections
AFFIDAVIT OF SERVICE OR MAILING
OIINSPECTIONSIGRABINSKI_LORRAINEIWORO\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
~~ '.
Sl,\l"ITtlll.YIOll.~1
R I X
1 {)I{ lNllJ\'IIJllALS- . , 1· '', I
- . . _ _::---:-.·.::...:=:c:.:.;;:-:··.:· -.-..:.~~-!--~--
A',"1Jh'..!/./.,I/J'.\'Hl'fl/l:S1.·1•H.L\'f-_.\'n lh:il Thomas w. Rr>yle and wife Connie M. Hoyle
111""'''t"'•·r11mu1 ..·,.1111!1""1"11 .. -,.,,,1,11,•"•' 129)5 Cleveland, Nunlca, Mlch!gan 494-'~B
(-.,,,,,., .ll!\\11<)! iJ,,._ r,1,,·,1 J>r,•11m,·, "1u.11t·d 1u 1h,• ,_;i ty (·,,,,,,11· nl Muskegon
.,ml S1.,i.· ,,1 \1,.h,~Jn. I<'·" 11
The North 44 feet of Jo-:. 8, Block J6J, H"!•.-i~ed l·lat (of !.')OJ/
of the City of Mut;ke1;011, as Recorded in Uber J )f /'~at~,
Pa1::e 71, Muske,i;:;on C,·urity l!ecorJi.
_::.'.'!
I
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ru,11i.--11111,,1THIRTEEN ~Ot.:SANO fi'IYE HtWr.!lED « tlG/100 lJU!lAH!,; t~IJ,500 00)
ea,sements and restrictions of fY!C0!"d
I -I' u(. ,, ... "' A pr 11 l'I 85
S,l·u,·J ,,.,./ .\',,,/,,I 111 /"• ""', ,,1
d S.'
1I S J
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~l",\ll: OI· \Ill.Ill!;,\\:
C()L.,I\ Of OttdWd .1J !ii
/ •~. ,t.,. ,11 Apr1 l ·,,, 95
l'h,• l<1H'~'""~ 111,Hum,·111 "•" "~"""l,,1:,,1 h,·1,.,.· .,,.. !111• '1 It
ti) •1~, Thomau W. Roylo a.nd wl.!'e Connie /'I.. Royle
M) Cvm1111u1vn ,,p11~µ-<;J i _, , ,,,,_..J
.:'-'rr C-
P.EAl £STATE *
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M STATE OF
= ICHIGAN~'*~c·TRANlfERTAx:
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,1 .... nol• ,,.. lallOfllnf: J. 11 1n, noUll•I ~" It pa1lo,moo;I DtJI•
11<11 lh• SUI• ol M,cn1o,1n. tn,
D1•rlrd t.y: Barba.ra B. Malmqui 5 t
I. Mull11 >1•lut Of ••• ,no,uuo.
1c~no...-11<1,m~n1 m111t lho...- 11,• ""~
o, 11111 1nd ~1111 numbu, II 1nr, ol Bu1111t111dd1t\l: 81 Hamll ton Ave . .t')4
2. Tl'I• n1m1 ol •Hl'I p.t1on ,.no 1'V1'1
!1'111 ln>lrum•nl ,11111 bl liQn1lu11 or •u 1n1 OUd, Barb.·.ra !:I. Mal1114ulsl
·11 ·1,1:"l
CJTY OF MUSKEGON
DANGEROUS Bl'ILDING INSPECTION REPORT
1129 SANFORD
9/6/02
Inspection noted:
1. Chimney brick deteriorated.
2. Exterior needs painting.
3. Foundation needs tuckpointing.
4. Roof needs repairs - drip edge is required.
5. Windows cracked or broken and open.
6. Open doors.
7. Side porch loose and improperly constructed. (Rear)
8. Side porch (front) improperly installed.
INTERIOR
I. Ceilings and walls are damaged.
2. New plumbing is required.
3. New electrical installed without permits.
4. Stairs to upper need repair.
5. New floor coverings required.
6. Smoke detectors required to code.
7. No heat in structure.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
,,,,-----_
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ROBERT B. GR/1.BINSKI, DIRECTOR OF INSPECTIONS
C•
7-uI ·(', )--
DATE
O:\lnspectionslGrabinski_Lorraine\Word'.DANGEROUS BUILDING INSPECTION REPORTSll 129
SANFORD.doc
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: October 10, 2002
Address of the Property: 1129 Sanford
TO: Barbara Malmquist, Sunny Loop, Holiday, FL 34690
[Name & Address of Owner]
Thomas Royle, 227 E. Savidge St., Spring Lake, Ml 49456-1725
(Interested Parties)
Muskegon County Treasurer, P 0. Box 177, Muskegon, Ml 49443
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. -~x~_ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
'.J 111:-1---670)
r·A.\rn.2-1214
·\SHUOr
~)11724-6708
FAXi726-.518I
Cl"mrcrr~,;
?J 1172-1---678)
F AXITl6-5617
CI\U Strvln
?)11724~7l6
FAX/714--4405
Clerk
2311724-6705
FAX/7244178
Comm. & l'itlgh. November 1, 2002
Sef\·lcts
2Jll7H•6717
F AX/716-2501
Engineering
23 l/724-6707
FAX/727-li904
Robert Alberts
15924 O'Brien Court
Finance
2311724-li7IJ
GrandHaven,MI 49417
FAX/724---6768
fire Drpl, Re: 1129 Sanford, Muskegon, Ml
!311724-6792
'AX/724-6985
Dear Mr. Alberts:
ncome T•l
Jl/724-6770
,\X/724-l,768 The structure at the address noted above has been determined to be a
ifo. SyslrmJ dangerous building by the City of Muskegon Building Inspector. The attached
lli724-6744
\X/722--4301
Notice and Order to Repair or Remove was issued October 10, 2002, but as your
name was not on the title search, you were not notified.
lsur, Sen-le,
11724-6704
X/724-1196 The previous owner notified us that you bought the house in the 1980's from
nagtr's Offlte
Thomas Royle and were sent the deed, but you must not have recorded it.
1724-6724
l-'AX/722-1214
Also enclosed is the inspection report, noting all violations.
Mayor's Offict
231/724--6701
FA.X/722-1214 If you have any questions regarding this, please call the Inspection Department
lnsprctlon Srrvlcu
at 231-724-6715.
2]1/724--6715
fAX/726-2501
Plannlnit/Zonln.,;
231/724-6702
FAX/724-"790
,8ffiTha±v3~ .
Poller Drpt.
lJl/724-6750
F AX/722-5140
Rirt B. Gcabicski
Director Inspection Services
Public Works
lJ l/724-4100
•
FAX/722 I 88 RBG/lg
Trruur,r r-
2311724-6720 Jl
FAX1724-6768
r-
rr l'05!mark
Wactr B11\lng Drpt ,,, Here
231/724-6718 rl
FAX/724-6768 D
D
T,,,;,; 10,-,1;<,.::r I,. h·•.~ : :.-::
Wa1rr FUtratlon D -----~
231/724--4106
~D '<""1·:.·.::~(:_::_·_{. ~,\.-..-,'i:.·.\..,-_t''.·'. ~.-·-::~;i,-1~cit'~}:y·,-rZ!f_complor;,,:j by mailer)
FAX/755-5290
', '--'-'- 1-'I..S Ql.
•'•'·
~:~~_) ··············
City or Muskegon, 933 Terrace Street, P.O. Bo,! g
D
liffii
Bu1id111g Pei-n11t ,A.ppl1catio11
Street
Address:
Property -, ' ·.
...
Number:
Owners "• .. .· ,.:: .' -. ; . ::>
. .,
-··· ---·· '·· ' ...
Name:
Owners 81 HAMILTON AVE APT 34
Address: MUSKEGON Ml 49441
Permit No: BD-02-7087
Requested
Owner
by:
Contractor: N/A
Architect: N/A
Category: BUILDING
Permit
RENOVATION
Type:
Type of
R
Building:
Description: INSTALL SIDING; NEW PANELING, CARPETING;
NEW CABINETS; TRIMWORK
Dates: App Date: 02/19/2002 Issue Date: 02/19/2002
Value: $4,000.00
I Item
I Quantity
I
This application has been approved
Approved: Yes No
By: Laura Hichue· .. : : Note: ;---····-·-·····-··· -·-······•······-··-··· ... ·----···
1
Pc-rmil ,\pplic;1tin11 .·\ppnl\;il
11§1
fV1echa111cal Permit Applrcation
Street
Address:
Property '.
.. ;
Number:
Owners " ._
..... l J :,-:. ·;- ;.."'., ·, --
.. , . _:.,
..
Name:
Owners 81 HAMILTON AVE APT 34
Address: MUSKEGON Ml 49441
Permit No: ME-02-7101
Requested
Owner
by:
Contractor: NIA
Architect: NIA
Category: MECHANICAL
Permit Type: ALTERATION
Type of
R
Building:
Description: INSTALL NEW GAS FORCED AIR SYSTEM -
REPLACING BOILER
Dates: App Date: 0211912002 Issue Date: 02122/2002
Value: NIA
Item Quantity
Heating -Residential Heating System(Ducts and Hot
1.0
Water Piping)
This application has been approved
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE February 13, 2003
1129 Sanford
(Address of Property)
TO: All owners and interested parties:
Robert Alberts, 15924 O'Brien Court, Grand Haven, Ml 49417
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Other interested parties)
On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FOl~}Jif;~~OUSING BOARD OF APPEALS
By
Robert
U±~ ruY~~1•
. Grabinski, Director of Inspections
AFFIDAVIT OF SERVICE OR MAILING
0 \INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGDOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
°1;!:£":d ~~:1f,EALS
/
Robert B. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: March 11, 2003
1129 Sanford
(Address of Property)
TO: All owners and interested parties:
Robert Alberts, 15924 O'Brien Court, Grand Haven, Ml 49417
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Other interested parties)
On December 5 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Thursday, March 25, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Thursday, March 25, 2003, at the Muskegon City Hall, 933 Terrace
Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant
evidence and arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FOR THE HOUSING BOARD OF APPEALS
~
,t< I•
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
HBA Minutes l~/5/02
#02-050 - 1129 Sanford - Barbara Malmquist - mailing address in Florida
No one was present to represent this case. It has been vacant and is currently
boarded.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by John Warner and seconded by Randy Mackie to accept
staff recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner
The motion carried.
02-075 - 1884 Smith (Garage) - Credit Based Asset Service & Dou
C I Hiatt, same address.
i stated there is a new owner who intends to
garage.
ays to allow the owner time to
repair.
A motion was made by Nick Kr
staff recommendation.
AYES: NAYES: EXCUSED:
Greg B gman
Ra Mackie Clara Shepherd
ry Bever
7 of9
DATE: March 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-40-
477 McLaughlin.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 477 McLaughlin Is unsafe, substandard , a public nuisance and that it
be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 02-40 - 477 McLaughlin
Location and ownership: This structure is located on McLaughlin between
Williams and Chestnut. It is owned by Judy Irish.
Staff Correspondence: This structure was abandoned and vacant for more
than six months. A dangerous building inspection was conducted 8/7/02. On
9/11/02 a notice and order to repair or demolish was issued. The city has had
the structure boarded three times. The property was sold at a state auction in
September 2002 and was purchased by Judy Irish who lives in Ravenna, Ml.
Her intentions were to rehab the house and use it as a rental , but after seeing the
extent of required repairs, she decided not to put that much money into the
house. She tried to sell it, but couldn't. An interior inspection was conducted on
12/6/02 and the HBA ordered it demolished on 2/6/03. The owner was at the
meeting, but there has been no further contact.
Owner Contact: The new owner brought proof of purchase in to Inspection
Department October 2002 and has cooperated with staff on allowing access for
interior inspection.
Financial Impact: The cost of demolition will be paid with general funds .
Budget Action Required : None
SEV: $14,300 (2003)
Estimated Cost of Repairs: $20,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, March 25, 2003.
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MICHIGAN DEPARTMENT OF NATURAL RESOURCES CERTIFICAI t: NU.
0ccIcE OF PROPERTY MANAGEMENT 50610
STA,~ LAND PURCHASE CERTIFICAT1...
,y of Section 131, Act 206, PA 1893, as amended by Pubic Act 123 of 1999, this information is required to obtain a
,rsuant to the provisions of Section 211.78m(4), Act 123 of 1999, parcels not previously sold by the foreclosing
,1ental unit shall be offered for sale for a minimum bid amount. Pursuant to Section 211. 78k, PA 123 of 1999, parcels
oject to the lien of taxes levied following the foreclosure date
AUCTION DATE & PLACE: 09/24/2002 - Muskegon, Michigan
rV1arried 00 Single
J In my name only GRANTEE NAME AND ADDRESS:
cJ As husband and wife (Tenants by the Judy E. Irish
..,
entireties with Full Rights of Survivorship) ·,0
D As Joint Tenants and not as Tenants in
12138 Stafford Street
Ravenna, Ml 49451
.- q, ·:::; - -G~ J I
Common (two or more persons)
D As Tenants in Common (two or more MAIL TO:
persons, each owning a separate Judy E. Irish
undivided interest in the whole property)
12138 Stafford Street
Ravenna, Ml 49451
IT IS EXPRESSLY UNDERSTOOD, That any deed or County: Muskegon For Staff Use Only
deeds issued under this application to purchase shall
SALE UNITNO AMOUNT Deed Number
contain the following clause: "SAVING AND RESERVING
unto the People of the State of Michigan the rights of 293 $2,850.00
ingress and egress over and across all of the
herein-mentioned descriptions of land lying along any Preparer
watercourse or stream, pursuant to the provisions of part
5, Act 451, PA 1994, as amended. Further, excepting
and reserving to the State of Michigan, all aboriginal Deed Mail Date
antiquities including mounds, earthworks, forts, burial and
village sites, mines or other relics and also reserving the
right to explore and excavating for the same, by and
through its duly authorized agents and employees, Cash Received
pursuant to the provisions of part 761, Aboriginal Records
and Antiquities, of the Natural Resources and
Environmental Protection Act, Act 451 of the Public Acts Certified Check
of 1994, as amended. Number and Amount
This conveyance hereby restricts the Grantee from
severing oil and gas rights from the surface rights any
!()cc c/6 l , ·~
time in the future. If the Grantee severs the subsurface -
rights from the surface rights, the subsurface rights will
revert to the State of Michigan", and the purchaser hereby
agrees to accept such deed and abide faithfully by said
3D!JD, i
conditions as expressed therein.
SIGNATURE OF AGENT OR PURCHASER
Returned
X
I HEREBY CERTIFY that the purchaser named herein
purchased the State-owned lands identified above, which /.?55.0LL-
were foreclosed upon by the State of Michigan for
non-payment of property taxes pursuant to statute and
which were offered at public land auction.
DEPARTMENT OF NATURAL RESOURCES
Subtotal
Deed Recording Fees
$2,650.00
$15.00
coo.K
FOR THE STATE OF MICHIGAN
TOTAL $2,665.00
.
~~!JJ/a0tfu~) \UMJL~
TAX REVERSION & LAND RECORDS
OFFICE OF PROPERTY MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30448
LANSING Ml 48909-7948
(517) 373-1250
DnrRef(b485) : Sirlgl_e Ger
·-····
For The Inspection Department File#: 421256
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Donnelda Genson
PROPERTY: 477 McLaughlin
PARCEL NO: 24-205-093-0006-00
DESCRIPTION: Lot 6, Blk 93
FROM RECORDS OF TRANSNATION TITLE
UBER: 1615
PAGE: 243
DATE OF DEED: March 13, 1992
GRANTOR NAME & ADDRESS: Laura Pummel, 1515 Madison, Muskegon,
MI49442
GRANTEE NAME & ADDRESS: Donnelda Genson, •.;1 7 McLaughlin,
Muksegon, MI 49442
LIENS OR MORTGAGES: 2036/346; 2128/987; 3156/170
TODAY'S DATE: August 13, 2002
EFFECTIVE DATE: July 19, 2002 at 8:0 AM
Abstracted by: · I' l ,-L' ·-:,
TRANSNA TION TITLE IN URAN CE COMP ANY
The above information is to be used for reference purposes onl and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a red ced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
-------- - - - - - - - - - - - - - - - - - - - - -
WARRANTY OBED
STATUTORY FORM
FOR INDIVIDUALS ,,flt• 1615 ,,...,243
KNOWALLMENBYTIIESEPRESENTS:That LAURA PUMHBL as surviving spouse of M ron PlJmmel 1
Deceased, Death Certificate recorded in Liber 16 5 Page 242 1
who1cslmlnumbcrandpostoffii;coddrcuis 1515 Madtson, Muskegon, Michigan 49442 1
Con~cy s and Warrants to DONHELDA GENSON, a single woman,
whose stmt number and postofflcc sddre1s Is 4 7 7 Mc Laugh 1 Ln Street , Muskegon I Michigan 49442,
lhc following described premises situalcd in the Clty of Muskegon County of Muskegon
and Stale of Mlchigin, 10-wil:
Lot Six (6) of Block Ninety-three (93) of the
Revised Plat (of 1903) of the Cl.ty of Muskegon,
i"1uske~oo County, Michigan.
13 rr,z,57
forthcsumof Seven Thousand Ftve Hundred and no/100 ($7,500.00) Dollars,
subject 10 easements and t"est rice tons of recot"d,
Doled lhu \Q'-b_ d3y of March 19 92
SigJied aud Scaled (n pt!!Sl!IIC~ of Signed and Sealffl:
(L,5,l
_ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S.)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ lL,S.}
STATE OF MICHIGAN
COUNTY OP MUSKEGON
"· _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S.)
The foregoing insttull'lcnl was acknowlcdgcll before me this •r l) _ _ _J\cl-'"'~---_;d~ay~o~f~--M~a~r~c~l~l----~1~9~9~2~--
by •(2} Laura Pummel.
Gary L, Veurink
My Commlnion expires January 23, 19...'!J! Ottawa
NtJlaryPublic, County, Michigan
Acting lo Muskegon County
•Note: (I) Insert date (2 Insert name of person(~) acknowlcllgcd (grantor) ~(3) signatun: of peuon taking ~cknowlcdgmcnt
':::,
Draflcd by: Attorney Gary L, Veur ink
Buslnen address:
Community Foundation Rldg, 1 Suite 307
P,O, Box 1589, Muskegon, MI 4q443
After re.cordlns relutn to:
lJonnelda Genson
Forni No, M-5110
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
477 McLaughlin
8/7/02
Inspection noted:
I. Home has been abandoned for over 6 months.
2. Numerous broken out windows.
3. Home has to be re-boarded constantly.
4. Roof investigation needed - large hemp in south east section of roof assembly.
5. Garage north wall leading outward.
6. Upper garage door broken off track.
7. Interior inspection required by trade inspectors. (electrical, plumbing/mechanical,
building)
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
ECTOR DATE
0:\lnspections\Grabinski_Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\477
MCLAUGHLIN.doc
CITY OF MllSKE(;ON
DANGEROUS BUILDING INSPECTION REPORT
477 McLaughlin
(INTERIOR INSPECTION)
1216/02
Inspection noted:
I. Second floor bedrooms have 110 heat.
2. Water piping is installed incorrectly and not supported.
:l. First iloor bath needs to be replaced.
4. i\11 ,rnste. \'ent and plumbing fixtures need to be replaced.
). Replace all cut.non-supported tloorjoists.
6. Replace kitchen cabinets.
7. All stairs. handrails. and guardrails must be to code.
8. Smoke detectors must meet code.
9. All \\·indm\'s must be operable and egress windows are required for bedrooms.
I 0. floor system must be supported w/proper spans. foundation piers. and beams are very
unstable. Floor decking must be removed for complete inspection.
BASED UPON lvlY RECENT INSPECTION OF THE ABOVE PROPERTY. I I IA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTI! lN SECTION 4-23 OF TIIE
JvJUSKEGON CITY CODE.
\.) (,. G )-
HENRY FALTINOWSKI.
,f
BUILDING INSPECTOR DATE
0: .I 11speclio11s\Cirnbi11ski __ Lorraine· Woi-d',D/\NCi ERO US ElUI I ,!JING INSPECTION Rl-:PORTS\ST /\ND/\ R ll
FORMS-477 Mcl.aughlin.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: August 8, 2002
Address of Property: 477 McLaughlin
TO: Donnelda Genson, 2611 Strand Rd., Muskegon, Ml 49445
[Name & Address of Owner]
None
(Interested Pmiies)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described prope1iies on Thursday, September 5, 2002
at 10:30 A.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SER VICES
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: September 11, 2002
Address of the Property: 477 McLaughlin
TO: Donnelda Genson, 2611 Strand Rd., Muskegon, Ml 49445
[Name & Address of Owner]
Laura Pummel. 1515 Madison, Muskegon, Ml 49442
(Interested Parties)
Huntington Bank, One Financial Plaza. Holland. Ml 49423
Green Tree Financial, 332 Minnesota St. Suite 610. St. Paul. MN 55101
Muskegon County Treasurer, P.O. Box 177. Muskegon, Ml 49443
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
x_
1. __ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. - - - Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 477 McLaughlin, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
CITY OF MUSKEGON INSPECTION DEPARTMENT
:!rMfd,4/Jk, of lospeclloas
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 477 McLaughlin
TO: Judy E. Irish, 12138 Stafford St, Ravenna, Ml 49451
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous. substandard and a nuisance. and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 9/11//02.
At the hearing on Thursday, February 6, 2003, at 5:30 o"clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear 1rnd present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present. if you desire. to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT.
Ol')v81:J·{AL~ OF_TrJE ~O~SIN? .so11R. D OF APPEALS
./ _J__ \[_'-<, [ 1 11• ~ I·I.. 7 •
By Kc , • .,,,., ._,,. {- f •
(j UvJ,___ ' , I V\.C.-.L'.;r,~Ml:j,.
Robert l
I
Grabinski, Director of Inspections
O\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
To: Judy E. Irish, 10341 Apple Ave. Ravenna, Ml 49451
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 477 McLaughlin,_Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\OROER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
F~~~t~~ra:u~LS
Robert B. Grabinski, Director of Inspections
O:IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: March 11, 2003
477 McLaughlin
(Address of Property)
TO: All owners and interested parties:
Judy E. Irish, 10341 Apple Ave. Ravenna, Ml 49451
None
(Other interested parties)
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Thursday, March 25, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Thursday, March 25, 2003, at the Muskegon City Hall, 933 Terrace
Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant
evidence and arguments concerning the decision to demolish the above structures.
Fqp:f{Ir~rrr,i:.LS
CITY OF MUSKEGONJNSP.!:=CTIONS DEPT.
By_---+---------------
Robert 13. Grabinski, Director of Inspections
O:IINSPECTIONSIGRABINSKI LORRAINEIW0RDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARINGO0C -
HBA Minutes 2/6/03
Case #02-40 - 477 McLaughlin - Judy Irish, 12138 Stafford St, Ravenna
Ms. Irish was present to represent this case. She stated she purchased it from a
state auction and feels as though she has been duped. She purchased it as an
investment and intended it to be a rental unit, but the extent of the damage inside
was more than she anticipated. She has a purchase agreement with the state,
but no clear title yet She wants to sell it, but can't without a title.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Jerry Bever and seconded by John Warner to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
#02-70 -1785 Mclllwraith - Harold & Shelly Larabee, 5460 Circle r.
Musi< n, Ml 49442
Mr. Grabinski ve a history
A permit was pulled to repair the gar roof and they
ee is a truck driver and is out own a lot, so he
k on the repairs. Mr abinski stated if this is to
s do the electrical, plumbing
· ive in the house when repairs are
ve into this house when they now
Mr. Lara stated they are having marital
problems and he will m nto this house alone. Grabinski stated make
erwise there will be legal recou if he does not live in it
Mr. Larab stated he needs until June 30 th for the repairs, he n
powe work on the interior, and anticipates that within 30 days.
d if they are financially able to do this and he said yes.
10 of 18
DATE: March 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #01-051-Address: 1166 W.
Grand.
Due to an error in notification of the owner, this case is being brought back
to you for consideration.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1166 W. Grand is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #01-051 - 1166 W. Grand
Location and ownership: This structure is located on W. Grand west of Barclay
at the end of the cul de sac. It was owned by Kenneth & Maryjane Sanford and
they sold it on a land contract to James & Tamara Ward. An inspection was
conducted on 11/15/01 due to complaints regarding the exterior condition of the
home. A notice and order to repair or remove was issued 2/26/02. The case
was heard before the HBA on May 2, 2002 and it was tabled for 180 days. At
that time it was ordered that the repairs to the front of the house be completed
within 30 days and the exterior repairs be completed within 90 days. It was
stated if the conditions were met, the case would not be brought back to the
HBA. The exterior repairs were not completed and the case was heard again
before the HBA on 12/5/02. The Wards were not present, but they called the
office on 11/27/02 and stated they had been working inside and spent a large
amount of money on the electrical work and that the front of the house would be
completed within 60 days. There has been no contact with the owners since
that date. The HBA declared it dangerous and substandard on 12/5/02.
Staff Correspondence: This property was fire damaged and had an inspection
4/1/02. It had been rented out previous with no Certificate of Compliance. An
interior inspection was conducted on 4/15/02 with the property manager. The
HBA ordered the structure demolished 7/11/02. The Notice and Order to repair or
remove was issued 8/7/02.
Owner Contact: The owners were present at the 5/2/02 HBA meeting and stated
they wanted to repair the house. They have called for some inspections, but
there has been no contact since 11/27/02.
Financial Impact The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $26,500
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $10,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, March 25, 2003.
.,,,,--
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IRELANDAV-
--
.---· INafbor Title
955 West Broadway
Muskegon, Ml 49441
Title Search
Case No.: 100122376
November 21, 200 I
I. Beginning Date: 10/27/81, at 8:00 A.M.
Please See Attached Liber 1226, Page 748, Muskegon County Records, for Legal Description:
2. We have .searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the-
subject property, and find the following conveyam:es and undischarged encumbrances, from said beginning date to
I 0/26/200 I. at 8:00 A.M.
Documents
Deeds: I\ liscell:rncous: Mortgages:
Liber 1226, Page 748 Liber 2239, Page 11 NONE
Taxes:
Proof of payment of special assessment for Sidewalk
Assessment, due and payable to the City of Muskegon in
the amount of$1,195.17, if paid by November 30, 2001.
Proof of payment the delinquent water/sewer usage, due
and payable to the City of Muskegon in the amount of
$38.84, if paid by November 30, 2001.
Proof of payment the Invoice Fees, due and payable to the
City of Muskegon in the amount of $220.00, if paid by
November30,2001. (Invoice #9815551 and9818917)
Payment of the 2000 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$964.72, if paid by Nove111ber 30, 2001.
(Base a111ount- $692.91)**
Note:
No 200 I Sum111er Taxes were assessed.
Permanent Parcel No.: 61-24-205-481-00I 4-00.
2001 State Equalized Value: $23,900.00.
2001 Taxable Value: $19,858.00.
Non-Homestead Property.
**NOTE: The 2000 Winter tax bill included a
Sidewalk Assessment Installment in the amount of
$147.55)
3 We find 110 United Stiltes lnten,rnl Revenue Lien.s recorded in the office of the Register of Deeds of Muskegon
County, Michigan, against:
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ond ogru 10 nnd wid, 1hr uh! p,,n ;i :·::; ,,f 1hr ,.,,.nJ r,.itr 1 '..)'!" i!· /,.,,. .,n•,r,
IN WITNESS \X'H[ll!".01', Th.: .,,;J pnn.l ~f, .,[ 1hr Jim po.rt M \''.; h,rc~n10 .. ,
_4-d-tMlC-/'.-K Tl.)N
bofo,e tnc,
M. C. /',. Lillidn Boonstra, h~sband & wife
1u mr ln•M, .. 1,~
Ml:11r,wlrJi;,,& 1ho .,nnto !" ho !«r n.:: .,nd d.,J
Pre("lilrcrl by
M, C. Goonstra
4fl0 Ruddim,1n Dr.
!lo. Muskc9011, Ml '71 J
"1u~lcC-'r,on Counr,·, Mitht&""·
1101r 1 .,,,,,_,,""'
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Robe 8. Grabinski, Director of Inspections
0:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: March 11, 2003
1166 W. Grand
(Address of Property)
TO: All owners and interested parties:
James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441
Kenneth & Maryjane Sanford, 2035 Henry St. Muskegon, Ml 49441
(Other interested parties)
On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on March 25, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on March 25, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
F ~ E HOUSING BOARD OF--Af'PEALS
,
By
; J -!-'J JI.\
I{~ , . ___ \[j ~ •
Robert B. Grabinski, Director of Inspections
O\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGDOC -
HBA Minutes 5/02
Case #01-051 -1166 W. Grand - James & Tamara Ward & Maryjane
Sanford, 1160 W. Grand, Muskegon
Mary Sanford stated that she holds the land contract with James and Tamara
Ward on this home. A tree fell on the front porch and has not been repaired yet.
Mr. Grabinski stated there have been neighbor complaints and recently a police
report from 4/15/02 stating there are car parts and junk in the back yard and the
home appears to be in a state of disrepair. Mr. Ward stated the front porch was
removed Friday, 4/26/02 and the back right side of the foundation was been
repaired. He also stated there has been much work done on the inside. The
window in the upstairs front bedroom is not permanent, it was stuck in instead of
boarding the front. They will install an egress window. The Wards stated they
have done a lot of work and only one neighbor complains, most neighbors are
happy with what they have done. They live next door and have been trying to get
the inside done, so they can move in. They have had electrical and building
inspections. Mr. Kroes asked when the exterior work can be done. There was
discussion on time frames required by Inspections. There was also discussion
on how the exterior needs to be repaired, whether it has to be sided completely
or just on the front. The sides that are wood can be painted, the front is to be
sided.
Staff Recommendation: Complete the front exterior within 30 days, remaining
exterior within 90 days, allow monthly progress inspections, and table this case
for 180 days. If progress continues it will not be brought back in 180 days. If
progress stops it will come back to the HBA.
Motion made by Randy Mackie, supported by Jon Rolewicz to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
Nick Kroes
The motion carried.
e #02-06-1836 Nevada - MLA Inc. 30521 Schoenherr, Warren
Robert Parker was present to r . He is considering buying
it. Board · e oaks very bad, they saw it as n inski
6 of 8
IIBA fVlinutcs 12-5.0~
#01-051 - 1166 W. Grand, James & Tamara Ward, same address
The Wards were not present for the meeting. Mrs. Ward called the Inspection
office and stated they would not be able to attend due to a court case in White
Cloud. She also stated they have been working on the interior and spent $2700
on electrical repairs. Some of the board members drove by the house and it was
stated there is OSB halfway down the rafters and the windows are not finished.
They were ordered to install egress windows and it appears to be 28 x 28
windows. At the last HBA hearing they attended in May 2002, they were given
30 days to finish the front of the house, 90 days to finish the exterior, and 180
days to completely finish. They were also ordered to have 30 day progress
inspections. They have not complied.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by John Warner and seconded by Jon Rolewicz to accept
staff recommendation.
A roll cal vote was taken:
AYES: NAYES EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner
The motion carried.
This case rough! back before the board because in Jul
the new owner to s ule an interior inspection withi ays and it was not
done. Mr. Khatri stated th~~ did not have the s until now to rehab the
2 or 9
AGENDA ITEM ;2... 0C) 3-J-9 e)
CITY COMMISSION MEETING 3/25/03
Date: March 19, 2003
To: Honorable Mayor and City Commissioners
From: Engineering and Administration
RE: Norlight Permit Under METRO Act
SUMMARY OF REQUEST:
Authorize the Mayor to sign the permit application submitted by Norlight
Telecommunications. Submittal of the permit application is in response to the City
opting into the newly adopted METRO Act. It is further requested that approval be
conditioned upon Norlight retaining active satisfactory liability insurance consistent with
the terms of the Act and city policy.
FINANCIAL IMPACT:
None. The City will no longer be able to collect annual permit fee but rather it will receive its
share of payments made to the state consistent with the terms of the Act.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the permit and sign the documents.
COMMITTEE RECOMMENDATION:
No part of this permit shall be copied and given to a third party without the consent of the
City Manager's Office.
Subject to FOIA
No part of this permit shall be copied and given to a third party without the consent of the
City Manager's Office.
Subject to FOIA
ACO.RCt CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I
DATE
03/28/2003
PRODUCER
8 7 7-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11201 N. Tatum Boulevard ALTEA THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 300
Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Zurich American Insurance Company 16535-003
Journal Communications, Inc. & Subsidiaries
Attn. sandy Lavalle
INSURER B: St Paul Fire and Marine Insurance Co. 24767-000
P.O. Box 661
Milwaukee, WI 53201-0661 INSURERC:
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ITR TYPE OF INSURANCE POLICY NUMBER nn~
,._
POLICY EFFECTIVE . POLICY EXPIRATION
""T~ ""' OD/YYI
i---· LIMITS
A c--
GENERAL LIABILITY GL0837387707 4/1/2003 4/1/2004 EACH OCCURRENCE $ 1,000,000
!
,x_ CUMMEP.C!AL (',ENE:'R/\L Lli'BILITY ! FIRE DAMAGE (Any one !i:_oJ_ ~__],K__Q_QhQ Oo__
c--
D CLAIMS MADE [iJ OCCUR MED EXP (Any one person) $
,x_ Vendors Endorsement PERSONAL & ADV INJURY $ 1,000.000
'--
GENERAL AGGREGATE $ 5.000.000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 1 000.000
i] POLICY n ~rR..: n LOC
A ~TOMOBILE LIABILITY BAP837387607 4/1/2003 4/1/2004 COMBINED SINGLE LIMIT
(Ea accident) $ 2,000,000
JL ANY AUTO
ALL OWNED AUTOS
- BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS
- BODILY INJURY
(Per accident)
$
NON-OWNED AUTOS
-
- PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==i ANY AUTO OTHER THAN
AUTO ONLY:
EAACC $
AGG $
B EXCESS LIABILITY
:i] OCCUR • CLAIMS MADE
QK05500661 4/1/2003 4/1/2004 EACH OCCURRENCE
AGGREGATE
$
s
$
5.000 000
5.000 000
~ DEDUCTIBLE $
X RETENTION $ 10.00( $
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC837380407 4/1/2003 4/1/2004 X IT"/i~~Tf:,Ig;,_ I IOJ~-
E.L. EACH ACCIDENT $ 1.000 000
E.L. DISEASE· EA EMPLOYEE $ 1.000 000
E.L. DISEASE · POLICY LIMIT $ 1.000 000
A OTHERXS WC(CT,MI,NV,WI) EWS840983207 1/1/2003 1/1/2004 Unlimited WC Insurance
$1,000,00 0 Employers Liability
$500,000 Self-Insured Reten tion
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Named Insured includes Norlight Telecommunications, Inc.
"INSURED IS SELF-INSURED FOR AUTOMOBILE PHYSICAL DAMAGE. COMPREHENSIVE AND COLLISION ARE NOT
PROVIDED."
Re: Installation, construction and maintenance of fiber optic telecommunications network in the
State of Michiaan. Coveraqe shall be orimarv insurance. Certificate Holder is named as Additional
CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of Muskegon REPRESENTATIVES. .
933 Terrace Street
Muskegon, MI
I
49443 A~/g;y// ~I/
ACORD 25-S (7/97) Coll:689590 Tpl:159188 Cert:2893087 (/ © ACORD CORPORATION 1988
DATE
W1ll1s CERTIFICATE OF LIABILITY INSURANCE Page
THIS CERTIFICATE IS ISSUED AS A
2 of 3 I 03/28/2003
MATTER OF INFORMATION
PRODUC:CR 877-559-6769
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 300
Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE
INSURED Journal Communications, Inc. &. Subsidiaries INSURER A: Zurich American Insurance Company 16535-003
Attn. Sandy Lavalle INSURERS: St Paul Fire and Marine Insurance Co. 24767-000
P.O. Box 661
Milwaukee, WI 53201-0661 INSUREAC:
INSURER 0:
I !NSURERE:
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Insured. General Liability coverage includes blanket contractual liability for written contracts,
products and completed operations; independent contractor liability and XCU coverage.
Coll:689590 Tpl:159188 Cert:2893087
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97) Coll:689590 Tpl:159188 Cert:2893087
Access One, Inc.
360Networks (USA) Inc. Lance Honea
12202 Airport Way Suite 300 Chief Executive Officer
Broomfield, CO 80021-2587 125 Halstead Street 4 th Floor
Chicago, IL 60661
ACD Telecom, Inc. 1-800-Reconex, Inc.
Kevin Schoen William Braun
President Vice President, General Counsel
4980 Nmthwind Drive 2500 Industrial Ave.
East Lansing, MI 48823-5089 Hubbard, OR 97302
Accu Tel of Texas, Inc.
A.R.C. Networks, Inc.
Debi Glick
Eugene Conlon
Director of Operations
175 Pinelawn Rd. Suite 408
7900 Carpenter Freeway
Melville, NY 11747-3180
Dallas, TX 75247
Ace Telephone Company of Michigan, Inc. Adelphia Business Solutions Operations, Inc.
David Schroeder Terry Romine
Chief Executive Officer Dir. Legal and Reg. Affairs
102 E. Mesick Avenue P.O. Box 69 One North Main St.
Mesick, MI 49668-0069 Coudersport, PA 16915
Affinity Network, Incorporated Allendale Telephone Company
G Jen Stockton Arlyn Smits
Chief Counsel, Reg. Affairs Manager
4380 Boulder Highway 6568 Lake Michigan Dr.
Las Vegas, NV 89121 Allendale, MI 4940 I
Ameritech Communications, Inc. ARBROS Comm. Licensing Co. Central, LLC
Pamela Molina Robe1t F.X. Condon
Project Adminisn·ator, Regulatory V.P. Regulatory and External Affairs
5850 W. Las Positas Blvd. 1100 Wayne Avenue Suite 800
Pleasanton, CA 94588 Silver Springs, MD 20910
Allegiance Telecom of Michigan, Inc.
Advanced Te!Com, Inc.
Mary C. Albert
Clifford G. Rudolph
Vice President Regulatory
110 Stony Point Rd. 2"" Floor
1919 M StreetN.W. Suite 420
Santa Rosa, CA 95401-4118
Washington, D.C. 20036
American Fiber Network, Inc. AmeriVoice Telecommunications, Inc.
Rob Heath Louis L. Miller
Vice President Chief Executive Officer
9401 Indian Creek Pkwy. Suite 140 212 W. Wisconsin Ave. Duite 500
Overland Park, KS 66210 Milwaukee, WI 53203
AT&T Communications of Michigan, Inc.
Atlas Communications, LTD.
Frances E. Brown
Mark Kelly
Ass 't. Vice President
482 Norristown Road
215 S. Washington Square Suite 230
Blue Bell, PA 19422
Lansing, MI 48933
Baraga Telephone Company Bilan Communications, Inc.
Bill Stark Patricia K. Rountree
President President
204 State Street 168 Riley St. P.O. Box 20
Baraga, MI 49908 Dundee, MI 48131
Blanchard Telephone Association, Inc. Borderland Communications, LLC
Duane Bronson Bruce Reubar
Manager Vice President
P.O. Box 67 113 Main P.O. Box 3
Blanchard, MI 493 I 0 Niagara, WI 54151
B&S Telecom, Inc. Barry County Telephone Company
Saul Anuzis Robert Fisher
Chairman of the Board Manager
5 Locust Lane P.O. Box 128
Lansing, MI 48911 Delton, MI 49046
Birch Telecom of the Great Lakes, Inc. Bloomingdale Telephone Company, Inc.
Barb Fillinger Sid Shank
Manager, Compliance & Tariffs Office Manager
2020 Baltimore Ave. P.O. Box 187
Kansas City, MO 64108 Bloomingdale, MI 49026
Broadview Networks, Inc. Broadwing Local Services, Inc.
Ana Bataille Larry Barnes
Manager, Rgulatory Affairs Dir., Regulatory Affairs
400 Horsham Rd. Suite 130 1122 Capital of Texas Hwy. So
Horsham, PA 19044 Austin, TX 78746-6426
Buckeye Telesystem, Inc.
Building Communications Inc.
Thomas K. Dawson
Jerry Ludwick
Regulatory Affairs
54 N 011h Main street
5566 Southwyck Blvd.
Three Rivers, MI 49093-1532
Toledo, OH 43614
C.L.Y.K. Inc. dba Affinity Telecom
C3Networks & Comm. Limited Partnership
John A. Kopanakis
2600 Via Fortuna Suitie 500
757 Lounsbury
Austin, TX 78746
Rochester, MI 48307
Brooks Fiber Comm. Of Michigan, Inc.
Budget Phone, Inc.
(WorldCom)
Art Magee
James R. Denniston
Comptroller
Senior Counsel
690 I W. 70"' Street
205 N. Michigan Ave. Suite I JOO
Shreveport, LA 71129
Chicago, IL 6060 I
BullsEye Telecom, Inc. C2C Fiber of Michigan, Inc.
Tom Tisko Kyle Dickson
President & COO General Counsel
25900 Greenfield Road Suite 330 8275 El Rio Suite 110
Oak Park, MI 4823 7 Houston, TX 77054
Call Giant, Inc. Call UP, Inc.
David Thiery Paul E. Kjeldsen
Vice President President
21419 VanDyke 506 Sheldon Ave.
Warren, MI 48089 Houghton, MI 49931
CatT Telephone Company CCCMI, Inc., d/b/a Connect!
Mitch Bogner Carole Hamon
Manager Supervisor, Regulatory Affairs
4325 Masten Road 124 West Capitol Suite 250
Branch, MI 49402 Little Rock, AK 7220 I
CenturyTel of Michigan, Inc. CenturyTel of Upper Michigan, Inc.
Vickie Norris Vickie Norris
Director, State Government Relations Director, State Government Relations
17 S. High Street Suite 1250 17 S. High Street Suite 1250
Columbus, OH 43215 Columbus, OH 43215
CAT Communications International, Inc.
Campus Communications Group, Inc. Patricia Spencer
7077 Bonneval Road Suite 600 V.P. Regulatory Affairs
Jacksonville, FL 32216 4142 Melrose Ave. NW Suite 25
Roanoke, VA 24017-0129
CenturyTel Midwest -- Michigan, Inc. CenturyTel ofNorthem Michigan, Inc.
Vickie Norris Vickie Norris
Director, State Government Relations Director, State Government Relations
17 S. High Street Suite 1250 17 S. High Street Suite 1250
Columbus, OH 43215 Columbus, OH 43215
Chapin Telephone Company
CenturyTel Solutions, LLC
Greg Ringle
Ron Johnson
Manager
I 00 Century Tel Drive
19994 W. Ridge Road
Monroe, LA 71203
Elsie, Mi 48831
Choctaw Comm., Inc., d/b/a/ Smoke Signal Comm.
Marla J. Hanley Ciera Network Systems, Inc.
Regulatory director 1250 Wood Branch Park Dr. Ste. 600
8700 S. Gressner Houston, TX 77079
Houston, TX 77074
CityNet Telecom, Inc.
CMC Telecom, Inc.
Robert Berger
Craig Champgne
President
50481 Pontiac Trail
8403 Colesville Road 14 th Floor
Wixom, MI 48393
Silver Springs, MD 20910
Chippewa County Telephone Company CI2 Inc.
Bill Beaune Tonia Landry
General Manater Regulatory Affairs Specialist
IOI State Street P.O. Box 309 200 Galleria Parkway, NW Suite 1550
Brimley, MI 49715 Atlanta, GA 30339
CIMCO Communications, Inc. Climax Telephone Company
William A. Capraro Gilbert Collver
Executive Vice President President
I SW 100 22"' Street Suite I 09 110 North Main Street
Oakbrook Terrace, IL 60181 Climax, MI 49034
Coast to Coast Telecommunications, Inc. Coldwater Telecommunications Utility
Stephanie K. Kurian Linden H. Cox
Manager, Regulatmy Compliance Communications System Operations Manager
9201 N. Central Expressway 28 W. Chicago Street P.O. Box 469
Dallas, TX 7 5231 Coldwater, MI 49036
Comcast Telecommunications of Michigan, LLC Concert Communications Sales LLC
Shannon M. VanSach A. Sheba Chacko
Paralegal Administrator Chief Regulatory Counsel
29777 Telegraph Road Suite 4400-B 11911 Freedom Drive 11th Floor
Southfield, MI 48034 Reston, VA 20190
Corecomm Michigan, Inc.
Cypress Telecommunications Corporation
Scott Kellogg
D/b/a Cytel
Regulatory Affairs
3838 N. Sam Houston Pkwy East Ste. 400
70 W. Hubbard Suite 410
Houston, TX 77032
Chicago, IL 60610
Comcast Business Communications, Inc. Comm South Companies, Inc.
Beth Choroser Rick Brown
Regulatory Compliance Manager Vice President Reg. Affairs
650 Centerton Road 2909 N. Buckner Blvd. Suite 800
Moorestown, NJ 08057 Dallas, TX 75228
Conte! of the South, Inc.
Corvus, Inc.
D/b/a Verizon North Systems
David C. Hoover
PaulM.Fuglie
President
A VP-Public Policy & External Affairs
29777 Telegraph Suite 2151
860 Terrace Street
Southfield, MI 48034
Muskegon, MI 49440
Comcast Business Communications, Inc.
Cypress Telecommunications, Corporation
Beth Choroser
D/b/a Cytel
Regulatory Compliance Manager
3838 N. Sam Houston Pkwy East Ste. 400
650 Centerton Road
Houston, TX 77032
moorestown, NJ 08057
Conte! of the South, Inc.
Comm South Companies, Inc.
D/b/a Verizon North Systems
Rick Brown
Paul M. Fuglie
Vice President Reg. Affairs
AVP - Public Policy & External Affairs
2909 N. Buckner Blvd Suite 800
860 Terrace Street
Dallas, TX 75228
Muskegon, MI 49440
Corvus, Inc. Deerfield Farmer's Telephone Company
David C. Hoover David LaRocca
President Manager
29777 Telegraph Suite 2151 P.O. Box 68
Southfield, MI 48034 Petersburg, Ml 49270
DIECA Communications, Inc. dba Covad DPi Teleconnect, LLC
David Chorzempa David Pikoff
Senior Counsel Vice President & CEO
227 W. Momoe 20"' Fl. 2997 LBJ Freeway Suite 225
Chicago, IL 60606 Dallas, TX 75234
DSLNet Communications, LLC Easton Telecom Services, Inc.
Wendy Bluemling Ruth Holder
Ass't V.P., Regulatory Affairs Sr. Regulatory Analyst
545 Long Wharf Drive Fifth Floor 8065 Leesburg Pike Suite 400
New Haven, CT 06511 Vienna, VA 22182
Enkido, Inc. Dominion Telecom, Inc.
Nayel Shafei Alan J. Dole
President and Chief Executive Officer Dir. Of Regulatory Affairs
95 Route 17 South 3•• Floor P.O. Box 3660
Paramus, NJ 07632 Glen Allen, VA 23058-3660
Drenthe Telephone Company EagleNet, Inc.
Wayne Ter Harr Richard Huizenga
Manager President
738 64 th Avenue 144 Coolidge Avenue Suite 30
Zeeland, MI 49464 Holland, MI 49423
Emergent Communications, LLC
Ernest Communications, Inc.
Greg Ballard
Joseph J. Ernest
President and Chief Executive Officer
6475 Jimmy Carter Blvd. Suite 300
801 Nicollet Mall Suite 350
Norcross, GA 30071
Minneapolis, MN 55401
Essential.com, Inc.
Everest Connections Corporation
Peter Mills
Rachel Lipman Reiber
Manager, Regulatory Affairs
4740 Grand Ave. Suite 200
Three Burlington Woods Drive 4 th Floor
Kansas City, MO 64112-2254
Burlington, MA O1803
EZPhone, Inc. FiberNet of Michigan, LLC
Dane! J. Coulter Steve Hamula
President Director of Regulator Affairs
I 095 Home Avenue 211 Len Sullivan Way
Akron, OH 443 I 0 Charleston, WV 2530 I
Frontier Communications of America, Inc. Essex Communications, Inc.
Christine Burke D/b/a eLec Communications
Regional Manager, Regulatory Maria A. Abbagnaro
180 South Clinton Ave. Dir. Regulatory Affairs
Rochester, NY 14646 543 Main Street
New Rochelle, NY 10801
Excel Telecommunications, Inc. FairPoint Communications Solutions Corp.
Becky Gipson Michael Kent
Director, Regulatory Affairs Sr. Regulatory Affairs Manager
1600 Viceroy Drive 6324 Fairview Road
Dallas, TX 75235 Charlotte, NC 28210
Frontier Communications of Michigan, Inc.
Focal Comm. Corporation of Michigan
Ron Williams
Jane VanDuzer
Regulatory Manager
200 North LaSalle Street Suite 820
I 09 Randolph Street
Chicago, IL 6060 I
Brooklyn, MI 49230
Global Crossing Telemanagement, Inc. Globalcom Inc.
Diane Peters Gavin McCarty
Director of Regulatory Vice President-General Counsel
I 080 Pittsford Victor Rd. 333 West Wacker Drive 15 th Floor
Pittsford, NY 14534 Chicago, IL 60606
Grid 4 Communications, Inc. Hiawatha Telephone Company
C. christopher Hopkins Robert Oren!
President/CEO Vice President and Chief Operating Officer
2755 Buckingham I 08 West Superior Street
Bhmingham, MI 48009 Munising, MI 49862
Horizon Telecommunications, Inc.
1-IJN Telecom, Inc.
Richard C. Gould
Herbert J. Newton
General Counsel
President
4660 S. Hagadorn Road Suite 320
3235 Satellite Boulevard Building 400
East Lansing, MI 48823
Duluth, GA 30096
!CG Telecom Group, Inc. Image Paging of Michigan, Inc.
Amy Hartzler James Parker
Senior Director, Business & Government Affairs President
161 Inverness Drive, West 26076 Woodward Avenue Suite 202
Englewood, CO 80112 Huntington Woods, MI 48070
IP Communications Corporation JAS Networks, Inc.
Sean Minter Bret G. Seely
President President
17300 Preston Road Suite 300 66 E. Michigan Avenue
Dallas, TX 75252 Battle Creek, MI 49017
Joy Lines, Inc. IG2, Inc.
Tyrus D. Toles Deborah S. Arnott
19310 Joy Road 80-02 Kew Gardens Road Suite 5000
Detroit, MI 48228 Kew Gardens, NY I 1415
Intrado Communications, Inc. IP Voice Communications. Inc.
David A. Hauberman Barbara S. Will
Regulatmy Counsel President
6285 Lookout Road 7585 E. Redfield Road Suite 202
Boulder, CO 8030 I Scottsdale, AZ 85015
JATO Operating Two Corp. Kaleva Telephone Company
Anderw R. Newell Harry Cribbs
Staff Attorney, Carrier Relations President and Manager
6200 S. Syracuse Way Suite 200 9281 Osmo Street
Greenwood Village, CO 80 I 11-47 Kaleva, MI 49645
KMCDataLLC KMC Telecom III, Inc.
Randy Meacham Mike Duke
Manager of State Reg. Affairs Director, Regulatory Affairs
1755 N. Brown Road I 755 North Brown Road
Lawrenceville, GA 30043 Lawrenceville, GA 30043
LDMI Telecommunications, Inc.
Level 3 Communications, LLC
D/b/aLDMI
William P. Hunt
Tom Feles
V.P. & Regulatory Counsel
Sr. Manager, Business Development
I 025 Eldorado Blvd.
880 I Conant Street
Broomfield, CO 80021
Hamtramck, MI 48211-1403
KMC Telecom 11, Inc.
Local Exchange Carriers of Michigan, Inc.
Mike Duke
Pete Lemke
Director, Regulatory Affairs
3923 28 th Street, SE #138
1755 North Brown Road
Grand Rapids, Ml 49512
Lawrenceville, GA 30043
KMC Telecom V, Inc. Lennon Telephone Company
Randy Meacham Paul M. Bowman
Manager of State Reg. Affairs General Manager
1755 N. Brown Rd. 3095 S. Sheridan Ave. P.O. Box 329
Lawrenceville, GA 30043 Lennon, MI 48449
Lightyear Communications, Inc. Lightyear Communications, Inc.
John Grieve John Grieve
Legal Services and General Counsel Legal Services and General Counsel
190 I Eastpoint Parkway 190 I Eastpoint Parkway
Louisville, KY 49223 Louisville, KY 40223
Lucre, Inc. Maverix.net, Inc.
R. Steven Hale James F. Kalishiman
President and CEO President and CEO
4011 Plainfield, N.E. 20 S. Clark Street 28 th Floor
Grand Rapids, Mi 49525 Chicago, IL 60603
MCimetro Access Transmission Services LLC
Max~ Tel Communications, Inc.
James Denniston
I 03 N. Wickham St. P.O. Box 280
205 North Michigan Ave. Suite 1100
Alvord, TX 76225
Chicago, IL 6060 I
MediaGate Communications, Inc. Metromedia Fiber Network Services, Inc.
Mark Winslow Karen Nations
General Manager Senior Attorney
122 Lake Street One Metromedia Plaza
Crystal, MI 48818 East Rutherford, NJ 07073
Maxcess, Inc. MCI WorldCom Communications, Inc.
James Marchant James R. Denniston
President Senior Counsel
P.O. Box 951419 205 North Michigan Suite 1100
Lake Mary, FL 32795-1419 Chicago, IL 6060 I
McLeodUSA Communications Services, Inc.
Metro Teleconnect Companies, Inc.
Dawn Haase
2150 Herr Street
5 I 00 S. McLeod Lane
Harrisburg, PA 17103
Sioux Falls, S.D. 57108
Michigan Bell Telephone Company
MetroNet-Telecom, Inc.
D/b/a Ameritech Michigan
David Choma
Robin Gleason
Vice President
V.P. Regulatory Michigan
2182 N. Cedar
201 N. Washington Sq. Room 920
Holt, MI 48842
Lansing, MI 48933
Midwestern Telecommunications, Inc.
Mid-American Telephone Company
Jerry Holt
David Gebard
President and CEO
40 Hague Street
1507 E. 53'' Street Suite 274
Detroit, Mi 48202
Chicago, IL 60615
NET-Tel Corporation
Midwest Communications Services
Thomas M. Lera
7255 Tower Road
I 023 31st Street, NW
Battle Creek, Ml 49014
Washington, D.C. 20007
Midway Telephone Company
MichTel, Inc.
Robert W. Orent
LomH.Olsen
President and Chief Executive Officer
10 W. Huron Street
108 W. Superior Street
Pontiac, MI 48342-2100
Munising, MI 49862-1192
Mpower Communications Central Corp. Navigator Telecommunications, LLC
David McGann Michael McAlister
Vice President, Regulatory Affairs Legal Counsel
170 I Golf Road Tower 2, 5th Floor P.O. Box 13860
Rolling Meadows, IL 60008 North Little Rock, AR 72113-3860
New Access Communications, LLC New Edge Network Inc.
Gregory Wilmes Stacey Waddell
Chief Operating Officer Vice President, Carrier Relations
801 Nicollet Mall Suite 350 3000 Columbia House Blvd. Suite 106
Minneapolis, MN 55402 Vancouver, WA 98661
NOS Communications, Inc. Ntegrity Telecontent Services, Inc.
Glenn Stockton
Keith Machen
Chief Counsel, Tariff & Regulatory Affairs
62 80 Martin Road
4380 Boulder Highway Columbia, MD 21044
Las Vegas, NV 89121
01 Communications of Michigan, LLC Omniplex Communications Group, LLC
James A. Kirkland Richard D. Petty
Senior V.P., Spectrum Dev. & Gen. Coun Vice President
2000 E. Lemar Blvd. Suite 730 17 Research Park
Arlington, TX 76006 St. Charles, MO 63304
NOW Communications, Inc.
Norlight Telecommunications Inc. Larry W. Seab
2 7 5 Corporate Drive President and CEO
Brookfield, WI 53045-5818 2000 Newpoint Place Parkway Suite 900
Lawrenceville, GA 30043
Ogden Telephone Company
NTERA,INC. Linda Corie
1020 N.W. 163'd Drive General Manager
Miami, FL 33169 4726 E. Weston Road
Blissfield, MI 49228
OnFiber Carrier Services, Inc. Ontonagon County Telephone Company
Glenn Stover-Hanson, Bridgett, Mar Robert W. Oren!
Senior Counsel President and Chief Executive Officer
11921 N. Mopac Expressway Ste. 100 108 West Superior Street
Austin, TX 78759-3545 Munising, MI 49862-1192
Pathnet Operating, Inc. Pigeon Telephone Company
Mary McDermott Edwin Eichler
Sr. Vice President and General Counsel President
11720 Sumise Valley Drive 11 S. Main P.O. Box 650
Reston, VA 20191 Pigeon, Ml 48755
Premiere Network Services, Inc. QuantumShift Communications, Inc.
Leo Wrobel Edward A. Brinskele
President and CEO President
1510 North Hampton Road Suite 120 88 Rowland Way Suite 145
DeSoto, TX 75115 Novato, CA 94945
PaeTec Communications, Inc. Peninsula Telephone Company
J. T. Ambrosi Jack Solomonson
Manager of Regulatory Affairs President
600 Wilowbrook Office Park 14909 Peninsula Drive
Fairpoint, NY 14450-4233 Traverse City, MI 49686
Preferred Carrier Services, Inc. Primus Telecommunications, Inc.
Luis Guiterrez Pamela E. Melton
Customer Service Regulatory Attorney
14681 Midway Road Suite 105 1700 Old Meadow Road
Addison, TX 75244 McLean, VA 22102
Quick Communications, Inc. Qwest Communications Corporation
Douglas Quick David L. Ziegler
President Regional Director, Policy & Law
5850 Dixie Highway 1801 California Street 4 7th Floor
Clarkston, MI 48346 Denver, CO 80202
RACC Enterprises, LLC RVP Fiber Company, LLC
Richard L. Bacon Michael D. Phillips
Chief Executive Officer Network Coordinator
7381 U.S. 31 North P.O. Box 1200 20 Monroe, N.W. Suite 450
Alanson, MI 49706 Grand Rapids, MI 49503
Sand Creek Telephone Company Springport Telephone Compasny
Neil Pearcy William Hammond
Plant Manager Vice President
6525 Sand Creek Highway 400 East Main Street P.O. Box 208
Sand Creek, MI 49279 Springport, MI 49284
Qwest Interprise America, Inc. Range Corporation
Carol Kuhnow David J. Savolanien
Governmental Affairs President
4250 N. Fairfax Drive 13 th Floor 2342 U.S. 41 West
Arlington, VA 22203 Marquette, MI 49855
Sage Telecom, Inc. ServiSense.com, Inc.
Gary P. Nuttall Christopher McKeown
Vice President President and CEO
805 Central Expressway Suite 100 180 Wells Avenue Suite 450
Allen, TX 75013-2789 Newton, MA 02459-3302
Sprint Communications Company, L.P.
Superior Technologies, Inc.
Brett D. Leopold
David Puskala
Attorney, State Regulatory
620 South Lake Street
6450 Sprint Parkway
Marquette, MI 49855
Overland Park, KS 66251
Talk America Inc. TC3 Telecom Inc.
Sharon Thomas Joseph P. Mattausch
Director of Regulatory Affairs President
12001 Science Drive, Suite 130 1114-F South Winter Street
Orlando, FL 32828 Adrian, Mi 49221
TDS Metrocom, LLC TDS Telecom/Comm. Corp. of MI
Shane Kaatz Kirk A. Dewey
Manager, Carrier Relations General Manager
525 Junction Road Suite 6000 212 S. Webster Street
Madison, WI 53717 Augusta, MI 49012
Tall Grass Communications Inc.
Suretel, Inc.
Peter Lynch
Candice Gately
President
5 N. McCormic
1 N. Summit Avenue
Oklahoma City, OK 73127
Oakbrook Terrace, IL 60181
TDS Telecom/Chatham Telephone Co.
TCG Detroit Holdings I, Inc. Michael A. Pandow
215 S. Washington Square Suite 230 President and Director
Lansing, Mi 48933 130 Marquette Street P.O. Box 197
Chatham, MI 49816
TDS Telecom/Island Telephone Company TDS Telecom/Shiawassee Telephone Co.
Charlene Burnison Eugene Newell
Manager General Manager
P.O. Box 78 129 South Main Street
Sanford, MI 48657-0078 Perry, MI 48872
Telecents Communications, Inc. Telera Communications, Inc.
Jeffrey P. Lauzon Robert Stewart
President President
8615 Richardson Road Suite 200 910 East Hamilton A venue
Walled Lake, MI 48390 Campbell, CA 95008
Telnet Worldwide, Inc.
Telicor Inc.
Mark Iannuzzi
Lance J.M. Steinhart
President
6455 East John's Crossing Suite 285
1395 Wheaton Suite 500
Duluth, GA 30097
Troy, Mi 48083
TDS Telecom/Wolverine Telephone Co.
Tele-Phone Communications, Inc.
Melody King
Kevin Bahri
Manager
6142 E. McNichols
4712 E. Main Street P.O. Box 292
Detroit, MI 48212
Millington, MI 48746
Teligent, Inc.
Telergy Network Services, Inc.
Terri B. Natoli
Theresa Atkins
V.P., Regulatory Affairs & Public Policy
One Telergy Pkwy Legal Dept. - Reports
460 Herndon Pkwy. Suite 100
East Syracuse, NY 13057
Herndon, VA 20170
TOTALink of Michigan, LLC
The Free Network, L.L.C.
Michael Angi
Ascanio Terracciano
President
1607 E. Big Beaver Road Suite 201
124 Grove Street Suite 220
Troy, MI 48083
Frankllin, MA 02038
TruComm Corporation U.S. Telepacific Corp.
Martin S. Segal D/b/a Telepacific Communications
President David P. Glickman, CEO
1608 Barclay Blvd. 515 S. Flower Street 49th Floor
Buffalo Grove, IL 60089-4523 Los Angeles, CA 90071
United States Telecommunications, Inc. Universal Access, Inc.
D/b/a Tel Com Plus Tina Tyglieski
Julie Graton Director of Regulatory Affairs
5251 110 th Avenue, N. Suite 118 233 S. Wacker Drive Suite 600
Clearwater, FL 33760 Chicago, IL 60606
Trans National Communications International, Inc. TrulyClear Communications, Inc.
Richard Hargrave Dwayne Carson
Chief Financial Officer Vice President, COO, Sales and Marketing
2 CharlesGate West 14365 Livernois
Boston, MA 02215 Detroit, MI 48238
United Communications Systems, Inc.
United Telecom, Inc.
D/b/a Call One
Scott Baldwin
Craig J. Foster, President
11150 Bridle Path
500 West Madison Street Suite 411
Alanson, MI 49706
Chicago, IL 60661
US Xchange of Michigan, L.L.C.
Upper Peninsula Telephone Company
D/b/a Choice One Communications
Calvin Matthews
Mary Whiting
Vice President
56 Grandville, SW
397 U.W. 41 N P.O. Box 86
Grand Rapids, Ml 49503
Carney, Ml 49812
VarTec Telecom, Inc. Verizon Select Services, Inc.
Sara Miller Patricia Heise DeBarros
1600 Viceroy Drive 6665 Mprt MacArthur Boulevard HQK02D8
Dallas, TX 75235-2306 Irving, TX 75039
Westphalia Telephone Company
Waldron Telephone Company Dave Fox
119 S. Main Street P.O. Box 197 General Manager
Waldron, MI 49288-0197 109 E. Main Street P.O. Box 327
Westphalia, MI 48894
USBGinc. Verizon North, Inc.
Joseph J. Amendala Paul M. Fuglie
President AVP - Public Policy & External Affairs
560 I W. 120 th Street 860 Terrace Street
Alsip, IL 6065 8 Muskegon,MI 49440
Vertex Broadband, Corp. Waypoint Telecommunications, LLC
925 N. Milwaukee Ave. 124 W. Allegan Suite 1120
Wheeling, IL 60090 Lansing, MI 48933
Williams Local Network, LLC Winn Telephone Company
Kathy L. Hough Les Jenkins
Regulatory Affairs Analyst Manager
One Technology Center TC-7B 2766 W. Blanchard Rd P.O. Box 367
Tulsa, OK 74103 Winn, MI 48896
XO Michigan, Inc. Zenk Group, Ltd.
Christine Emmel D/b/a Planet Access
Senior Regulatory Analyst Michael Zengerle
Two Easton Oval Suite 300 13137 Log Cabin Point
Columbus, OH 43219 Fenton, Ml 48430
Z-Tel Communications, Inc. Winstar Communications, LLC
Tim Seat Kimberley A. Bradley
Vice President of Regulatory Affairs Senior Director of Reg. Affairs
60 l South Harbor Island Blvd. Suite 220 1850 M Street, NW Suite 300
Tampa, FL 33602 Washington, DC 20036
Yipes Transmission, Inc.
Zephion Networks Communications, Inc.
Bruce Holdridge
Woody Traylor
V.P., Government Affairs
2950 Gallows Road
114 Sansome Street 9th Floor
Falls Church, VA 22042
San Francisco, CA 94010
Great Lakes Comnet, Inc.
Global TeleLink Services, Inc.
Al Eaton
Robert Smith, President
President and CEO
2810 Spring Rd. SE Suite 106
6607 W. St. Joseph Suite 200
Atlanta, GA 30339-3066
Lansing, Ml 48917
Hillsdale, City of, Advanced Comm. Utility
Group Long Distance, Inc.
R. Wesley Kelley
Lance J.M. Steinhart
Communications Manager
6455 East Johns Crossing Suite 285
45 Monroe Street P.O. Box 271
Duluth, GA 30097
Hillsdale, Ml 49242
Nordic Electric
A T & T Broadband William H. Shippy
700 W. Broadway Director of Government Affairs
Muskegon, Ml 49441 2010 Hogback Rd, Suite 4
Arm Arbor, Ml 48 l 05
Quest Energy
Engage Energy
William H. Shippy
Mark Stiers, Vice President
Director of Government Affairs
3000 Town Center, Suite 2800
173 Parkland Plaza, Suite B
Southfield, Ml 48075
Ann Arbor, Ml 48103
DTE Energy Verizon
Mark Brown, Director of Marketing Att: Nick Groszowski
101 North Main Street, Suite 300 2441 Olthoff
Ann Arbor, MI 48104 Muskegon, MI 49442
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 3/25/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
March 14, 2003
Cross-Lake Ferry Architectural & Engineering Services
SUMMARY OF REQUEST:
To approve an agreement with Hooker/DeJong Architects & Engineers for architectural and
engineering services for the Cross-Lake Ferry Project.
FINANCIAL IMPACT:
The cost is estimated at $77,000 or less based on the terms of the agreement and the
estimated capital cost of the project.
BUDGET ACTION REQUIRED:
Funds will come from the City's Revolving Loan Fund for this project.
STAFF RECOMMENDATION:
To approve the attached agreement with Hooker/DeJong Architects & Engineers.
COMMITTEE RECOMMENDATION:
O:COMMON\DEPTMENT\AOMIN\AGNDA~RM
JMS - 0: (CROSSLAKE FERRY-ARCHITECT&ENG SERVICES)
HOOKER I DE JONG
PROPOSAL January 15, 2003
Mr. Bryon Mazade, City Manager
City of Muskegon
933 Terrace Street
Muskegon, Ml 49443 RECEIVED
PROJECT: Cross Lake Ferry JAN 1 7 2003
MUSKEGON
Dear Bryon: CITY MANAGER'S OFFICE
INTRODUCTION
The City of Muskegon is in for exciting changes with the coming of the Cross Lake Ferry.
Hooker I DeJong recognizes the positive impact this project will have within our community
and has supported its development for several years. We are pleased that the project is
progressing favorably, and are excited about participating in the project's continued
development.
SCOPE OF WORK:
Our support of the Cross Lake Ferry project has always been strong: we prepared and
revised several layouts proposed for the Mart Dock site, and I traveled to Milwaukee to
present preliminary plans to Lubar & Company in 2001. Hooker I DeJong did so in a
voluntary capacity, and the costs that we have donated approach $5,000.00 - all because
we want to help make this project happen.
We felt privileged for the opportunity to lend our assistance in the early conceptual stages.
410 terrace plaza
Given our involvement, we are well suited to assist with the more comprehensive planning,
muskegon, mi 494
including further schematic design, design development, construction documentation, bid
231.722.3407 voic
negotiation and construction administration. Presently, you anticipate the following program
231.722.2589 fax
requirements:
Terminal Facility-waiting area with seating for approximately 100, ticketing and passenger
bag check-in counters and baggage handling area, vending machine concession and coffee
shop area, car rental counter, adequate men's and women's toilet facilities, segregated
general office space, and a modestly sized area for retail sales and event ticket sales
(CVB).
Maintenance Facility-approximately 1,000 to 2,000 square feet to accommodate
maintenance operations for the vessels.
Site Improvements-parking, drives and staging areas as required to support ferry
operations. The preliminary site plan depicts early conceptualization of the site
improvements, offers a portrayal of the degree and complexity of site improvements, but will
be revised as specific requirements (such as parking, staging and ticketing) are further
developed and defined.
Vehicle Loading Ramp Apparatus-at the time of this letter, information was not available
for this portion of the work, and is not specifically covered in the framework of this proposal.
:. , 2: m:a: tw..ca. ta 1. taa 11
HOOKER I DE JONG architects & engineers Cross Lake Ferry
Page 2
Once technical information is available, we will be better able to determine the scope of
services necessary to design the ramp apparatus.
The scope of our proposed services is outlined in more detail in Article 2 of AIA B151
"Abbreviated Standard Form of Agreement Between Owner and Architect", a portion of which is
enclosed for your review.
COST OF SERVICES:
We suggest proceeding with this work for a percent fee basis equaling 7% of construction
costs, for construction costs of at least $1.1 million (which allocates $100,000.00 for other
project expenses, including professional fees).
To limit your risk, we are willing to continue with planning on an hourly basis until the cross-lake
ferry project is definite, at which time the proposed fee arrangements would go into effect and
your account would be credited for any previously-billed time. For your budgeting purposes, an
initial fee of $10,000.00 would bring design work through the schematic design phase. In the
event the project is abandoned, Hooker I DeJong would only invoice you for our costs accrued
since the acceptance date of this proposal. We hope this flexibility helps allows planning to
move forward in a prudent manner.
Please review our enclosed Terms and Conditions for additional costs that may be applicable to
your project, such as surveying, printing and out-of-town travel.
ACCEPTANCE:
Bryon, we are eager to continue assisting you with the cross-lake ferry project. Our working
relationship with the City is very important to us. Please feel free to offer suggestions that make
our proposed involvement viable.
Should you find the terms of this proposal acceptable, please sign below and return a copy to
us. We are able to proceed once our office has received your approval.
Authorized Signature Date
Respectfully Submitted,
Enclosures: Terms & Conditions
Time & Material Rates
TERMS & CONDITIONS
GENERAL INTENT OF THIS AGREEMENT
We assume that our work will be accomplished as a team effort with the Owner, having full
cooperation and sharing of responsibilities and information between team members to
maintain maximum efficiency, speed and economy
RESPONSIBILITIES OF THE OWNER
The Owner shall provide our staff on a timely basis all the necessary and pertinent informa-
tion used in completing the project. The Owner shall also provide access to the site as
needed to conduct our services. Should the Owner request that we exclude bid negotiation
and or construction administration from our scope of services, in whole or in part, the
Owner assumes full responsibility for carrying the project to completion, including any
consequences arising directly or indirectly from our exclusion. In the event of a dispute,
liability to Hooker I DeJong Architects & Engineers for professional errors or omissions is
limited to our fee, or $100,000.00, whichever is greater. Although we do not anticipate an
issue in this regard, any disputes shall be resolved by mediation per the American
Arbitration Association guidelines.
PROGRESS PAYMENTS
Our work is invoiced monthly reflecting progress made to date. Invoices are due and
payable within thirty days of their billing.
ADDITIONAL COSTS
Additional costs shall be charged to cover items for which expense is incurred by our staff
in pursuit of relevant project objectives. Typical additional costs include travel expenses
outside the West Michigan area, surveys, soil investigations, special studies, special
consultants, special reports, models, presentation graphics, plotting, printing, photographs,
and expenses that are not typical in everyday A/E operations. Additional costs are
submitted to the Owner in advance for approval upon request.
ASBESTOS
We are not allowed by our liability insurance underwriter to discover and identify asbestos.
Any such discovery work must be done by a separate contract.
PROJECT CONCLUSION
Conclusion of the terms agreed to shall occur when the project is complete or the project is
officially abandoned by the Owner, whichever occurs first. In either case, all monies due to
Hooker I DeJong for daily and hourly charges and additional costs are due and payable
within thirty days of their final billing.
Updated 6/06/02
(t
Abbreviated Standard Form of Agreement
Between Owner and Architect
AIA Document 8151 -1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an atlomcy is encouraged with respect lo its completion or modification. AUTHENTICATION
OF THIS ELECTRONICALLY DRAFTED AJA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401.
This document has been approv<;d and endorsed by the American Subcontractors Association and the Associated Specialty Contractors, Inc.
Copyright I 974, 1978, 1987, © 1997 by The American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without
written pcm1ission of lhc AJA violates the copyright laws oflhe United States and will subject lhc Yiolator to legal prosecution.
AGREEMENT made as of the day of in the year
(In H'Ords, indicate day, mo11tli and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other informmio11)
and the Architect:
(Name, address and orher i11formntio11)
For the following Project:
(/11cl11de detailed description of Project. locario11 and address)
1l1e Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated m
Articles 2, 3 and 12.
1.2 The Architect's services shall be perfom1ed as expediliously as is consistent with professional skill and care and the orderly
progress of the Project. The Architect shall submit for the Owner's appro\'al a schedule for the performance of the Architect's
services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for
the Owner1s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established
by this sche.dule approved by the Owner shall not, except for reasonable cause 1 be exceeded by the Architect or Owner.
1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project.
1.4 The services Co\·ered by this Agreement arc subject to the time limitations €ontaincd in Subparagraph l l.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
The Architect's Basic Sen·ices consist or those described in Paragraphs 2.2 through 2.6 anti any other services identified in
Article 12 as part or I3asic Scn·iccs, and include normal structural, mechanical and electrical engineering scniccs.
,\ L\ l)UCl;t'- !E>-:T B 15 I·,\ BB!U:\' I:\ IT!) ()\\' NEIL\ !U · 111 fl:(· r ,\ti l{]]:j\ 11 '.NT · I 'J')7 1:1 )IT!()'\ · .-\ 1.-\ · CC JI'\'!{!( 11! r I<_)•!- · Tl! 1: ,\,\11:1w '_.\ N l N~'I il\_: l 1:
OF ,\l{CIIITl:CJS. 1735 ;,.:I:\\" \'{)Rh: .\\.l'.:\lJE N.\\.. \\":\SIIIN(i It)'.\. !H ". 10U!Jli-529::0. \\-_.\R\T'..:t;· IJ1;l1n•1bcd ph, 1 t, 1,,1p~11\g 1111latt'.S l 1.S. rnpy11:'.l·1 laws
and 11 ill subJl'l'I th( 1·inlawr h• kg:!l l'I ,,~.-cu11,n1 J"h1s dl1(u111l·n1 11 as l'l.-,·11 n11lc:dly prndt1Ll -- 9 1~ ·::woo . .-\IA License Number 113983, which expires on S/7/2001 -- P::igl' fi2.
modified or extended without v,.'rittcn agreement of the Owner and Architect with consent of the Contractor, which consent will
n0t be unreasonably withheld.
2.6-4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the
Contract for Construction. TI1e Architect shall have authority to act on behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written amendment.
2.6.5 The Architect, as a representative of the Owner, shaII visit the site at intervals appropriate to lhe stage of the
Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (I) to become generally familiar
with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to
guard the Owner against defects and deficiencies in the Work, and (3) to detennine in general if the \Vork is being performed in
a manner indicating that the \Vork 1 when fully completed, will be in accordance with the Contract Documents. However, the
Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the 'Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor1s failure to
perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities perfonning portions
of the Work.
2.6.7 The Architect shall at all times have access to the Vlork where\'er it is in preparation or progress.
2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the
Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the
Contract Documents. Communications by and with the Architect's consultants shall be through the Architect.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 TI1e Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.
2.6.9.2 The Architect's ccnification for payment shall constitute a represemation lo the Owner. based on the Architect's
evaluation of the \Vork as pro\·ided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment.
that the \Vork has progressed to the point indicated and that, to the best of the Architect's knowledge, infonnation and belief, the
quality of the \Vork is in accordance with the Contract Documents. The foregoing representations arc subject (l) to an evaluation
of the \Vork for confom1ance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and
inspections, (3) to coffection of minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
2.6.9.3 TI1e issuance of a Certificate for Payment shall not be a representation that the Architect has ( 1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the \Vork, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose
the Contractor has used money previous! y paid on account of the Contract Sum.
2.6.10 The Architect shall have authority to reject \Vork that does not confom1 to the Contract Documents. \:Vhenever the
Architect considers it necessary or ad\·isablc, the Architect shall have authority to require inspection or testing of the \Vork in
accordance \\'ith the provisions of the Comract Documents, whether or not such Work is fabricated. insw!ied or completed.
Howe\·er, neither this atllhority of the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall gi\'e rise to a duty or responsibility of the Architect to the Contractor, Subcontractors. material and equipment
suppliers, their agents or employees or other persons or entities perfonning portions of the Work.
2.6.11 The Architect shall re\'icw und approve or take other appropriate action upon the Co111racror's submit1als such as Shop
Drawings. Product Data and Samples. but only for the limited purvosc or d1ecking (nr conform:rncl' \\ i1h information given and
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tf.~ design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness
as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient
time in the Architect's professional judgment to pennit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures, The
Architect's approval ofa specific item shall not indicate approval ofan assembly of which the item is a component.
2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate perfonnance and
design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by
the design professional retained by the Contractor shall bear such professional's written approval when submitted to the
Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or
approvals perfonned by such design professionals.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and
data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution
in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the
Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to detennine the date or dates of Substantial Completion and the date of final
completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties
and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate
for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning perfonnance of the Owner and Contractor under, and
requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions,
the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and
shall not be liable for results of interpretations or decisions so rendered in good faith.
2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for
those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in
this Agreement and in the Contract Documents.