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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 28, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. SECOND READING: Vehicles for Hire. CITY CLERK
C. Request to Fly the Irish Flag. CITY CLERK
D. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
E. Vacation of the Southwest 132 Feet of the Alley in Block 187 of the City
of Muskegon Revised Plat of 1903. PLANNING & ECONOMIC
DEVELOPMENT
F. Vacation of the Undeveloped Portion of Frisbie Street. PLANNING &
ECONOMIC DEVELOPMENT
G. FIRST READING: Zoning Ordinance Amendment to the H. Heritage
District. PLANNING & ECONOMIC DEVELOPMENT
H. FIRST READING: Rezoning Request for Property Located at 908 Terrace
Street. PLANNING & ECONOMIC DEVELOPMENT
I. Purchase of Police Cruisers Replacement. PUBLIC WORKS
J. Consideration of Bids: Sixth Street. Houston Avenue to Muskegon
Avenue. ENGINEERING
o PUBLIC HEARINGS:
A. Create a Special Assessment District for Denmark Street, Lakeshore to
Crozier. ENGINEERING
B. Create a Special Assessment District for Fifth Street. Muskegon to
Western. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Update on 856 Fork (Tabled from January 24, 2006). PUBLIC SAFETY
B. Ferry Terminal Funding. CITY MANAGER
o NEW BUSINESS:
A. 2006 - 2007 City Commission Goals. CITY MANAGER
B. MERS Uniform Resolution for Service Credit Purchase. FINANCE
C. Defined Contribution Retirement Plan for New Hires (Clerical). FINANCE
D. Memorandum of Understanding - Justice Assistance Grant. PUBLIC
SAFETY
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
442 W. Muskegon
589 Mclaughlin (Carport)- Area 11
1532 Terrace- Area 13
1581 Terrace-Area 13
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)> Reminder: Individuals who would like to address the City Commission shall do the following:
)> Fill out a request to speak form attached to the agenda or located in the back of the room.
)> Submit the torm to the City Clerk.
)> Be recognized by the Chair.
)> Step forward to the microphone.
)> State name and address.
)> limit of 3 minutes to address the Commission.
)> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o CLOSED SESSION: To discuss collective bargaining.
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: February 28, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the February 3'd
Goal Setting Session, February 131h Commission Worksession, and the
February 14h Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 28, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 28,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Clara Shepherd, Lawrence Spataro, Sue Wierenga, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
Department Secretary Irene Dempsey.
2006-17 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 3rd Goal Setting
Session, February 13th Commission Worksession, and the February 14th Regular
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Vehicles for Hire. CITY CLERK
SUMMARY OF REQUEST: To amend Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
C. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting
permission to fly the Irish Flag outside City Hall on Friday, March 17 to celebrate
St. Patrick's Day through Friday March 24th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
E. Vacation of the Southwest 132 Feet of the Alley in Block 187 of the City
of Muskegon Revised Plat of 1903. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the Southwest 132 feet of the
alley located in City of Muskegon Revised Plat of 1903, Block 187, bounded by
Terrace Street. E. Muskegon Avenue, Pine Street, and W. Webster Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the Southwest 132
feet of the alley, with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their 2/16/06 meeting, with the condition that all utility
easement rights be retained. The vote was unanimous with B. Mazade and B.
Smith absent.
F. Vacation of the Undeveloped Portion of Frisbie Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of the undeveloped portion of
Frisbie Street south of Palmer and west of McGraft Church.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the undeveloped
portion of Frisbie Street south of Palmer and west of McGraft Church.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the vacation at their 2/16/06 meeting, with B. Mazade and B.
Smith absent.
G. FIRST READING: Zoning Ordinance Amendment to the (H) Heritage
District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2000 and 2001 of Article XX
(H) Heritage District to include additional principal uses for properties fronting on
W. Western Avenue between 4th and 9th Streets and additional special uses for
the entire (H) Heritage District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the (H) Heritage District ordinance language to add
additional principal uses for properties fronting on W. Western Avenue between
4th and 9th Streets and additional special uses for the entire (H) Heritage District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at the 2/16/06 meeting. The vote was unanimous
in favor of the amendment. with B. Mazade and B. Smith absent.
H. FIRST READING: Rezoning Request for Property Located at 908 Terrace
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 908 Terrace
Street from B-3, Central Business District to B-5, Central Governmental Service
District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/16/06 meeting. The vote was unanimous with
B. Mazade and B. Smith absent.
J. Consideration of Bids: Sixth Street, Houston Avenue to Muskegon
Avenue. ENGINEERING
SUMMARY OF REQUEST: Award the paving, (using asphalt material) and
underground utility construction contract (H-1528)for the Sixth St. reconstruction
between Houston and Muskegon to McCormick Sand of Twin Lake since they
were the lowest. responsible bidder with a bid price of $77,328.60
FINANCIAL IMPACT: The construction cost $77,328.60 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items D and I.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-18 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
ways associated with our Environmental Inspections program is currently being
performed by Sunset Waste our current solid waste hauler. A request for bids
was advertised with two companies placing bids. Diversified UG Utilities Inc. is
the lowest bidder for a one year agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the contract and to authorize the Mayor
and City Clerk to sign a 1-year agreement with Diversified UG Utilities Inc. for the
special trash pick-ups along City right of ways.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
environmental program trash clean-up contract Diversified UG Utilities Inc.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
I. Purchase of Police Cruisers Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase three (3) Crown Victoria from
Tony Betten and Sons Ford out of Grand Rapids since they were the lowest
responsible bidder with a total bid price of $60,51 0.18.
FINANCIAL IMPACT: Total Cost $60,510.18.
BUDGET ACTION REQUIRED: None, item was budgeted for.
STAFF RECOMMENDATION: Approve and authorize staff to purchase three (3)
cruisers.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of three police cruisers from Tony Betten and Sons Ford out of
Grand Rapids.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-19 PUBLIC HEARINGS:
A. Create a Special Assessment District for Denmark Street. Lakeshore to
Crozier, ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Denmark St., Lakeshore Dr. to Crozier Ave. and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determine 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 district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:47 p.m. and create the special assessment district for
Denmark Street, Lakeshore to Crozier.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
(Commissioner Davis and Vice Mayor Gawron were appointed to the Board of
Assessors)
B. Create a Special Assessment District for Fifth Street. Muskegon to
Western. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Fifth St., Muskegon Ave. to Western Ave., 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 district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing at 5:53 p.m. and create the special assessment district for Fifth
Street, Muskegon to Western and appoint two City Commissioners to the Board
of Assessors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
(Commissioners Spataro and Wierenga were appointed to the Board of
Assessors)
2006-20 UNFINISHED BUSINESS:
A. Update on 856 Fork (Tabled from January 24, 2006). PUBLIC SAFETY
SUMMARY OF REQUEST: This house was declared to be sub-standard, a public
nuisance, and dangerous by the Housing Board of Appeals on September 4,
2005. It was brought to the City Commission January 24, 2006, but at staff's
request, was removed from the agenda for a period of 30 days.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: That the Commission not concur with the Housing
Board of Appeals as the house has been substantially improved by the owners
and should shortly be removed from the dangerous building list.
Motion by Vice Mayor Gawron, second by Commissioner Carter to not concur
with the Housing Board of Appeals decision on 856 Fork.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
B. Ferry Terminal Funding. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from Great Lakes Dock and
Materials to fund Energy Code requirements at the Muskegon Ferry Terminal.
FINANCIAL IMPACT: $29,600.
BUDGET ACTION REQUIRED: The 2006 budget would have to be amended to
accommodate this expense.
STAFF RECOMMENDATON: To okay the request as it is not an obligation of the
City.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request of funding the Energy Code requirements for the Muskegon Ferry
Terminal with Great Lakes Dock and Materials paying 1/3 and the City paying
2/3.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2006-21 NEW BUSINESS:
A. 2006 - 2007 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To adopt the 2006-2007 City Commission Goals.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Vision, Value and Mission statements
and the 2006-2007 goals.
COMMITTEE RECOMMENDATION: The City Commission determined these goals
at their annual goal setting sessions on February 3, 2006.
Motion by Commissioner Davis, second by Commissioner Shepherd to approve
the 2006-2007 City Commission Goals.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
B. MERS Uniform Resolution for Service Credit Purchase. FINANCE
SUMMARY OF REQUEST: The City has previously approved the transfer of all Non-
Union employees to the statewide MERS retirement system. The resolution is a
follow-up action and permits employees in the MERS system to purchase up to
five years of generic service. Employees wishing to buy service are required to
pay l 00% of the actuarial cost as determined by MERS.
FINANCIAL IMPACT: The employee is required to pay 100% of the actuarially
determined cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the MERS uniform resolution for service credit purchase.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
C. Defined Contribution Retirement Plan for New Hires (Clerical). FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the Clerical Union that includes provision for new hires to be
members of a Defined Contribution Retirement Program in lieu of membership in
the Defined Benefit General Employees' retirement system. The new Clerical DC
plan calls for a City contribution of 3%/6% and an employee contribution of
0%/3% of wages. Present employees may also join the DC plan on an elective
basis during a window period.
Approval of the resolutions and ordinance amendments is the final step in
putting in place the mechanics of these new programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the City's annual pension costs. We are negotiating similar
arrangements for other employee groups. At this time, new employees in the ·
Fire, Non-Union and Clerical groups are covered by a defined contribution
arrangement. The status of this issue with the other employee groups is as
follows: Police Patrol (in arbitration); 517M-DPW (in fact-finding); Police
Command (to be negotiated).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Defined Contribution Retirement Program for new hires as well as allowing
present employees to join the Defined Contribution plan as an elective.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
D. Memorandum of Understanding - Justice Assistance Grant. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the 2006 Justice Assistance Grant. The money in this
grant is shared by thee entities. The $50,538 in this grant will allow for the
continuation of the community prosecution program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of request.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Memorandum of Understanding regarding the Justice Assistance Grant.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 442 W. Muskegon. 589 Mclaughlin (Carport), 1532 Terrace. and
1581 Terrace PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, public nuisances and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolitions and directed to execute a contract for demolition with the lowest
responsible bidder.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Carter, second by Commissioner Wierengo to concur
with the Housing Board of Appeals decision to demolish 589 Mclaughlin
(carport), 1532 Terrace, and 1581 Terrace.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 442 W. Muskegon.
Motion by Commissioner Spataro, second by Commissioner Carter to table to
the second meeting in March contingent on interior inspection being done and
provided to the Commission.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
Abstain: Shepherd (due to conflict of interest)
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
2006-22 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session at 6:44 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Vice Mayor Gawron to go into Open
Session at 7: 13 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
Commission discussion held.
ADJOURNMENT: The City Commission Meeting adjourned at 7:41 p.m .
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: February 14, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Vehicles for Hire
SUMMARY OF REQUEST: To amend Chapter 102 of the Muskegon
Code of Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
CITY OF MUSKEGON
Ordinance No. 2 1 8 3
An ordinance amending the Vehicles for Hire Ordinance of the City of Muskegon.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter I 02 of the Code of Ordinances is amended to read as follows:
I. Sections I 02.1 through I 0.184 are repealed.
2. Sections I 02.200 through 102.260 are adopted to read as follows:
DIVISION 1: GENERAL PROVISIONS
102.201. Definitions.
(I) Administrator: The City Clerk.
(2) Taxicab: Any vehicle operated on streets of the city accepting passengers for hire
within the boundaries of the city as directed by the passenger. The term ''taxicab" does
not refer to the following: mass transportation vehicles operating over fixed routes,
vehicles owned and operating over fixed routes, vehicles owned and operated by
governmental agencies, vehicles owned and operated by non-profit agencies, school
buses, chartered buses, vehicles while in use for funerals, weddings, christenings and
similar events; or vehicles providing individual or group transportation while operated
pursuant to an agreement with the Muskegon Area Transit System ("MATS").
102.202. Licenses required. No person shall operate a taxicab in the City of
Muskegon unless the vehicle and the driver are currently licensed under this chapter.
102.203. Numbering. Each taxicab shall be numbered and the number shall be of
such size as to be readily seen, and shall be inscribed on both the inside and outside of the
cab.
DIVISION 2: VEHICLE LICENSES
102.221. Application for taxicab license.
(I) Application for a taxicab license shall be made pursuant to regulations adopted by
the city and on forms approved by the City Clerk.
(2) The application must be accompanied by the certificate of an automobile
mechanic licensed in the State of Michigan. The certificate must be on a form approved
by the city, must have been issued within 60 days and must indicate that the vehicle has
been thoroughly inspected and has been found to comply with all the requirements of the
Michigan Motor Vehicle Code.
(3) No license shall be issued under this division until the applicant obtains and files
with the city clerk a policy of liability insurance, issued by an insurance company
authorized to do business in the state, for each taxicab to be licensed.
(4) Such policy of insurance shall insure the applicant against liability for personal
injury to any passenger or to any member of the general public, or any damage to
property, resulting from an accident in which such taxicab may be involved through the
recklessness or negligence of its driver, operator or owner.
(5) Such policy shaH provide minimum insurance protection for each taxicab in the
amount of$! 00,000.00 for injury to, or death of, one person, and $300,000.00 for injury
to, or death of, more than one person resulting from a single accident, and $100,000.00
for damage to property, including personal belongings or baggage of passengers, as a
result of one accident.
(6) Such policy of insurance shall provide for continuing liability thereunder to the
full amount thereof, notwithstanding any recovery thereon, and that the insolvency or
bankruptcy of the insured shall not release the insurance company.
(7) Such policy shall further provide that it shall not be cancelled, surrendered, or
revoked by either party except after ten days' written notice to the city furnished by the
insurance company issuing such policy. The cancellation, surrender or other termination
of any insurance policy issued and filed in compliance with this section shaH
automatically terminate the license of any licensee covered by such insurance policy,
unless another policy complying with this section shall be in effect and deposited with the
city at the time of such cancellation or termination.
(8) No license shaH be issued until the policy of insurance has been found to comply
with the terms of this section.
102.222. Issuing a taxicab license. A taxicab license shall be issued by the
Administrator if the following conditions are met:
(I) An application has been filed consistent with City Code §I 02.221.
(2) A fee as set by City Commission resolution is paid.
(3) It appears from the mechanic's certificate that it is clean, safe, and in full
compliance with the Michigan Motor Vehicle Code.
(4) The vehicle is currently registered in the State of Michigan.
(5) Every taxicab operated under the provisions of this article shall have affixed
thereto a taximeter of a size and design approved by the city commission, which charges
rates no higher than the standard rates approved by resolution of the city commission. No
licensee or driver shall operate any such taxicab for hire unless the taximeter affixed
thereto shall be in workable condition, placed in operation while engaged for hire, and be
no more than five percent incorrect to the prejudice of any passenger.
(6) Should a taxicab be taken out of service within a calendar year, there will not be a
refund o fthe fee.
(7) All licenses shall expire on April 30 at 5:00p.m.
102.223. Display. A permit issued under this subdivision shall at all times be
plainly displayed in view of any passenger in the taxicab when the driver is driving such
taxicab. A sticker issued under this subdivision shall also be displayed so that it is visible
from the rear of the vehicle when it is in operation.
102.224. Maintenance of the vehicle. No person shall drive any taxicab licensed
pursuant to this chapter unless such vehicle is maintained at all times in the condition
required for the issuance of a license. (No. 16-94, § 1, 3-7-94)
102.225. Revocation of taxicab license. A taxicab license shall be revoked by the
Administrator upon any of the following circumstances:
(I) The vehicle is found to be in a condition which would not comply with the
maintenance requirements for the issuance of a license.
(2) A person is found driving the vehicle for taxicab purposes who does not have a
current valid driver's license and chauffeur's license. However, if the person was
properly licensed at the time he commenced driving for the taxicab owner, the section
will be applicable only if the owner has been notified that the driver does not have a valid
license. A driver whose chauffeur's license has been suspended or revoked shall
promptly notifY the owner of such license suspension or revocation.
(3) The owner of the vehicle is convicted of violating any of the provisions of this
chapter.
DIVISION 3: DRIVERS LICENSE
102.230. Application for taxicab driver's license. Application for a taxicab
driver's license shall be on forms approved by the Administrator and in accordance with
regulations adopted by the City. Taxicab driver's licenses shall expire at 5:00p.m. on
April30.
102.231. Issuance oftaxicab driver's license. A taxicab driver's license shall be
issued or renewed if the following conditions are met:
(I) The applicant is at least 23 years of age and has paid a fee as set by City
Commission resolution;
(2) The applicant has a current valid Michigan chauffeur's license;
(3) The applicant has no more than 6 current points for moving violations in
accordance with the Michigan Vehicle Code.
( 4) The applicant has not been convicted of offenses involving operation of a vehicle
while under the influence of or visibly impaired by alcoholic liquor or controlled
substance, whether under a law of this state, a local ordinance substantially corresponding
to a law of this state, or a law of another state, substantially corresponding to a law of this
state, within the last 2 years.
(5) The applicant has not, within the previous 5 years, been convicted of a felony
involving force or violence;
(6) The applicant has not been convicted of violating any provision ofthis chapter
within the last 2 years.
102.232. License certificate. Applicants meeting the requirements of this chapter
shall be issued a driver's license certificate in a form approved by the administrator. The
license certificate shall be conspicuously displayed inside the taxicab at all times when
the driver is operating it as a taxicab.
l 02.233. Revocation of taxicab driver's license. A taxicab driver's permit may be
revoked for any of the following causes:
(I) If it is determined at any time that the application, or information supplied with a
renewal form, contains false, fraudulent or misleading information, or it is reasonably
demonstrated that information was intentionally omitted from the application or renewal
form;
(2) If the holder of the permit shall be convicted of a felony, a high court
misdemeanor, or a misdemeanor involving moral or assaultive conduct, or shall be
convicted of any [moving violation under the traffic ordinance of the city or any section
of the Michigan Vehicle Code (MCL 251.1 et seq. or any offense involving operation of
a vehicle while under the influence of or visibly impaired by alcoholic liquor or
controlled substance];
(3) If the permit holder shall be involved in any accident causing injury to or death of
any person, or injury to or destruction of any property, provided that this provision may
be waived in the event the holder was in a vehicle legally parked at the time of the
accident;
( 4) If the holder engages in any conduct or performs any act which would reasonably
demonstrate that he does not meet the standards for issuance of a permit set forth in this
subdivision;
( 5) If the holder engages in conduct or performs any act which endangers the public
health, safety and welfare of the inhabitants of the city, or engages in [immoral and
disreputable] conduct which would tend to endanger, embarrass or humiliate any person
riding in a taxicab;
(6) If the holder engages in any public fight or breach of the peace, or is found in an
intoxicated condition or under the influence of any narcotic while operating or attempting
to operate a taxicab;
(7) Transferring the driver permit. It shall be unlawful for any person holding a
permit to transfer or attempt to transfer such permit or any card issued under this
subdivision to any person; and it shall be unlawful for any person holding such a permit
to knowingly permit any other person to have such permit in his possession. It shall be
unlawful for any person to exhibit, wear or have in his possession while operating a
taxicab a permit or card issued to any other person.
102.234. Deception of passengers. No driver shall deceive or attempt to deceive
any passenger as to that passenger's destination or rate of fare. No driver shall convey
any passenger to a place other than directed by the passenger or employ any longer route
to a destination than necessary unless requested by the passenger.
DIVISION 4: VEHICLE USAGE
102.240. Seating capacity. No driver shall permit a taxicab to be occupied in
violation of state law.
102.241. Standard taximeter rates. Except as otherwise specifically provided in
this chapter, no person shall operate or permit the operation of a taxicab with a taximeter
for the purpose of charging meter rates higher than the standard rates approved by
resolution of the city commission.
102.242. Approval of rates. The Administrator may approve nonmetered service
as approved by City Commission Resolution.
102.243 Rate card. No person shall operate a taxicab that does not have a rate
card posted in plain view of the passengers. The rate card must clearly indicate the rates
charged.
DIVISION 5: HORSE ORAWN VEHICLES
102.250. Established routes or special events. Horse drawn vehicles for hire can
be used only for carrying passengers between fixed points along established routes or, by
reservation at least 24 hours in advance, for carrying passengers between locations of the
passengers' choosing. Horse drawn vehicles shall not travel on state trunk lines or on
other streets prohibited in the permit.
102.251. Permits required. No person shall sponsor or drive a horse drawn
vehicle for hire without first obtaining a permit from the Administrator and without
complying with the conditions of the permit.
102.252 Conditions for obtaining a permit.
(1) Applications for permits under this Division shall be made on forms prescribed by
the Administrator. The forms may require information regarding the route, hours, days of
the week and dates of operation, certificates regarding the health of the animals,
provisions for the immediate removal of the animal droppings from the city streets,
transportation of the animals into the city, carriage inspection, safety equipment, and
other information the administrator may need to determine whether a permit shall be
issued.
(2) Permits shall be granted or refused based on the health, safety and welfare of the
public and the degree of interference with the use of the streets for public travel. The
administrator or his designee may consider on granting a permit whether the demand of
the public requires additional horse drawn vehicles for hire, the effect which such
additional horse drawn vehicles for hire may have on traffic congestion and parking and
whether additional horse drawn vehicles for hire will result in a greater hazard to the
public.
(3) The granting of a permit may be conditioned upon proof of at least $500,000.00
of insurance protecting the City, agreements to indemnifY the City, liability waivers and
payment of the costs of providing additional signs, needed police assistance or other city
assistance.
(4) Revocation of this permit may be made for failure to promptly pick up horse
droppings or noncompliance with any of the conditions of the permit.
(5) The granting of a permit may be conditioned on the permit being inapplicable or
invalid in certain areas at certain times because of traffic congestion or hazard to the
public as listed in the permit or upon notice of same by the police department.
DIVISION 6: APPEALS
102.260. Appeals.
( 1) Any person aggrieved by the decision of the Administrator regarding the issuance
or revocation of a taxicab license or taxicab driver' s license may appeal that decision and
request a meeting with the Administrator and the Director of Public Safety. Such a
request must be made within thirty (30) days of the Administrators decision, or the right
to appeal the decision is waived.
(2) Any person aggrieved by the decision of the Administrator and Director of Public
Safety regarding the issuance or revocation of a taxicab license or taxicab driver's license
may appeal that decision and request a meeting with the City Manager or designee. Such
a request must be made within thirty (30) days of the decision of the Administrator and
Director of Public Safety or the right to appeal the decision is waived.
(3) All appeals shall proceed according to due process requirements and decisions
may deviate from the strict requirements of this chapter if justice so requires.
This ordinance adopted:
AYES: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, Gawron ..
NAYES: None
----------------------------------------------------
Adoption Date: February 28, 2006
Effective Date: March 16, 2006
--~~~~~~---
First Reading: February 14, 2006
Second Reading: February 28, 2006
CITY OF MUSKEGON
By ~o .L~
d
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 ofthe City of Muskegon, at a regular meeting ofthe
City Commission on the 28th day of February, 20~, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No . 267, Public Acts ofMichigan ofl976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: March 1 '200~
~o - ~-
~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on /iJuvo~V ol.-5' , 2006, the City Commission of
the City of Muskegon adopted amendments o Chapter 102 of the Muskegon C1ty Code
by amending the Vehicles for Hire Ordinance as follows:
1. Sections 102.1 through 102.184 are repealed.
2. Section 102.201 provides definitions for this Ordinance.
3. Section 102.202 requires taxicab vehicles and drivers to be licensed.
4. Section I 02.203 requires taxicab vehicles to be numbered.
5. Section 102.221 provides for an application for a taxicab license.
6. Section 102.222 provides the conditions for issuance of a taxicab license.
7. Section I 02.223 requires that the taxicab permit be displayed inside the
vehicle and a sticker in the back window.
8. Section I 02.224 requires taxicabs to be maintained.
9. Section 102.225 provides the circumstances when a taxicab license is to be
revoked.
10. Section 102.230 provides for an application for a taxicab driver's license.
II. Section 102.231 provides the conditions for issuance of a taxicab driver's
license.
12. Section 102.232 requires the taxicab driver's license be displayed inside
the vehicle.
13. Section 102.233 provides the conditions for revocation of a taxicab
driver's license.
14. Section I 02.234 prohibits deceiving passengers.
15. Section I 02.240 provides for seating capacity.
16. Section I 02.241 requires standard taximeter rates.
C:\Documents and Settings\boesij\Loca\ Settings\Tcmporary Internet Files\OLKB\CN6473.DOC
17. Section I 02.242 pennits approval for nonmetered service.
18. Section I 02.243 requires the posting of a rate card inside the vehicle.
19. Section I 02.250 requires, and limits, established routes for horse drawn
vehicles.
20. Section I 02.251 requires permits for horse drawn vehicles.
21. Section I 02.252 establishes the conditions for obtaining a horse drawn
vehicle permit.
22. Section I 02.260 establishes an appeal process.
Copies ofthe Ordinance may be viewed and purchased at a reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This Ordinance amendment is effective ten (10) days from the date of this
publication.
Published: /llarc 6 t , 2006 CITY OF MUSKEGON
By~~-=~~--~~--
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PAS SAGE
C;\Documents and Scttings\boeslj\Local Scttings\Temporary lntemet Filcs\OLKB\CN6473.DOC
Date: February 28, 2006
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Request to Fly the Irish Flag
SUMMARY OF REQUEST: The Muskegon Irish American Society is
requestin~ permission to fly the Irish Flag outside City Hall on Friday,
March 171 to celebrate St. Patrick's Day through Friday March 24h.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
~_.._._ TY.lf J Sk e fJOT.l
frC
RE: Vacation of the Southwest 132 feet of the alley in Block 187
of the City of Muskegon Revised Plat of 1903
SUMMARY OF REQUEST:
Request for vacation of the Southwest 132 feet of the alley located in City of Muskegon
Revised Plat of 1903, Block 187, bounded by Terrace Street, E. Muskegon Avenue,
Pine Street, W. Webster Avenue.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of th Southwest 132 feet of the alley, with the condition that
all utility easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the alley at their 2/16/06 meeting,
with the condition that all utility easement rights be retained. The vote was unanimous
with B. Mazade and B. Smith absent.
2/17/2006
RESOLUTION #2006-17(e)
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the Southwest 132 feet of the alley in Block
187 of the City of Muskegon Revised Plat of 1903, bounded by Terrace Street, E. Muskegon
Avenue, Pine Street, E. Webster Avenue; and,
WHEREAS, the Planning Commission held a public hearing on February 16, 2006, to consider the
petition and, subsequently, recommended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the February 28, 2006, City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the Southwest 132 feet of the alley in Block 187 City of
Muskegon Revised Plat of 1903 bounded by Terrace Street, E. Muskegon Avenue, Pine Street, and
E. Webster Avenue, County of Muskegon, State of Michigan.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 28 1h day of February, 2006.
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis, and
Gawron
Nays: None
Absent: None
A ttest:___~~:::l..o&...o..._.w,.o:Zl>---..!...-=-=-....:.....:::~-=¥-=
Gail A. Kw1dinger, MMC, Cit
CERTIFICATION
(Alley Vacation of Southwest 132ft. of alley in Block 187 of the City ofMuskegon Revised Plan
of 1903)
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, at a regular
meeting held on February 28, 2006.
Gatl Kundinger, MMC
Clerk, City of Muskegon
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 16, 2006
Hearing; Case 2006-03: Request to vacate the Southwest 132 feet of the alley located in
Block 187 Bounded by Terrace Street, E. Muskegon Avenue, Pine Street, and W.
Webster Avenue, by Nancy McCarthy, Hackley Visiting Nurse Services & Hospice.
BACKGROUND
The applicant is the new owner of the property at 908 Terrace Street, formerly Beerman's
Music. They also own the property at 888 Terrace Street, which is the site of Hackley
Visiting Nurse Services & Hospice. Parking on their current site is very tight, and they have
been utilizing parking on 908 Terrace Street through an agreement with the former owner.
They would like to join the two properties, and further develop the parking area with some
green space that would provide a park like setting for their patients and staff. Presently, the
alley has become somewhat of a pedestrian hazard as employees or patient's families crossing
it to get to the parking area have nearly been hit by cars using the alley as a through-way
between Pine and Terrace Streets. Access from Pine Street would be kept open for those
property owners on that end of the alley as access.
Engineering, Fire, and DPW have all been requested to inspect this alley to determine if any
problems would be created if it is vacated. Fire has no issues with this request. DPW does
have sanitary sewer in the alley, but staff recommends that utility rights be retained.
Alley view from Terrace Street. Looking down the alley toward Terrace.
STAFF RECOMMENDATIONI
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the Southwest 132 feet of the alley located in Block 187 bounded
by Terrace Street, E. Muskegon Avenue, Pine Street, and W. Webster Avenue, be
recommended to City Commission for (approval/denial), based on (compliance/lack of
compliance), with City's 1997 Master Land/Downtown Lakeshore Redevelopment Plan, with
the following conditions:
1. All utility easements will be retained.
0:\Pianning\COMMON\Zoning\City Commission ltems\vacations\2006 Vacations\Case 2006...03 Terrace St. alley vacation.doc
Commission Meeting Date: February 28, 2006
Date: February 17,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Ubu
RE: Vacation of the Undeveloped portion of Frisbie Street
SUMMARY OF REQUEST:
Request for the vacation of the undeveloped portion of Frisbie Street South of Palmer
and West of McGraft Church.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the undeveloped portion of Frisbie Street South of
Palmer and West of McGraft Church.
COMMITIEE RECOMMENDATION:
The Planning Commission unanimously recommended the vacation at their 2/16/06
meeting, with B. Mazade and B. Smith absent.
2/17/2006
CITY OF MUSKEGON
RESOLUTION#2006- 17(f)
WHEREAS, a petition has been received to vacate the unimproved portion of Frisbie Street
south ofPalmer; and
WHEREAS, the Planning Commission held a public hearing on February 16, 2006 to consider
the petition and subsequently recommended the vacation; and
WHEREAS, due notice had been give of said hearing as well as the February 28, 2006 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the unimproved portion of Frisbie Street south of
Palmer and west of McGraft Church; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said p01tion of
street vacated and discontinued; and
BE IT FURTHER RESOLVED that this Resolution shall not become final and binding on the
City until there has been full compliance with state law, including an appropriate circuit court
order; and
BE IT FURTHER RESOLVED, that this Resolution shall not be recorded with the Register of
Deeds until all conditions are satisfied.
Adopted this 28 day of February , 2006.
AYES: Shepherd, Spataro, Warmington, Wierenga, Carter , Davis , Gawron
NAYES: None
--------------------------------------------------------
ABSENT: ~one
~-----------------------------------------------------
Gail A. Kundinger, MMC
Its Clerk
0 :\ Pian ningiCOMMON\ZoningiCity Commission ltemslvacations\2006 Vaca tionslfrishie resolution. doc
CERTIFICATE
(Vacation ofthe unimproved portion of Frisbie Street south ofPalmer)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission ofthe City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on February 28, 2006.
CITY OF MUSKEGON
By: ~
iiw
~
- , 0.:2~
-- ~
Gail A. Kundinger, MMC
Its Clerk
0:\Pianning\COMMON\Zoning\City Corrunission ltems\vacations\2006 Vacations\Frisbie resolution.doc
•
City of. Muskegon
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PI
annmg Co .
Case#
2006 _~~1ssion
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 16, 2006
Hearing; Case 2006-02: Request to vacate the undeveloped portion of Frisbie Street south of
Palmer and West ofMcGraft Church, by Ralph VanRiper, Head Deacon ofMcGraft Church.
BACKGROUND
The applicant is McGraft Church. Their property abuts the platted but undeveloped portion of
Frisbie Street. The church has preliminary plans to build a "Family Life Center Building",
however their present property isn't large enough to accommodate the size building they would
like. They initially approached the City through the Leisure Services Department to obtain a
lease for a portion of McGraft Park property adjacent to their for construction of their building.
However, since McGraft Park is a "Charter Park" this is not a possibility.
This street vacation is not your ordinary street vacation request. Streets that are located within
approximately 80 feet of a body of water may only be vacated by the circuit court. According to
the Subdivision Control Act, Section 560.256:
Land in a subdivision dedicated to the use of the public for purposes other than
pedestrian or vehicular travel, or land dedicated for a public way which is under the
jurisdiction of a municipality, a portion of which public way is within 25 meters of a lake
or the general course of a stream, shall not be revised, altered, or vacated except by
order of the circuit court in the county in which the land is situated. "
Since the church needs the additional 33 feet of this street for their addition, which would
become church property if Frisbie Street is vacated, they are willing to pursue the final vacation
in circuit court. In order for them to move fmward with this action, approval of the vacation
must be granted by City Commission.
Engineering, Fire and DPW have no issues with the proposed vacation. The church has requested that
no utility rights be retained, since they need to locate a portion of their building on the additional
property. There are no city utilities located in the platted street right-of-way, and staff has had no
response fi'om other utilities that were notified of this request. The church accesses their utilities from
the developed portion of Frisbie and Roilson Streets.
DELIBERATION
I move that the vacation of the undeveloped portion of Frisbie Street, south of Palmer and West
ofMcGraft Church, be recommended to the City Commission for (approval/denial, based on
(compliance/lack of compliance), with the City's Master Land Use Plan.
City of Muskegon
Planning Commission
Case# 2006-02
- . Subj.,\Proporly(IH)
D•l!oUooAlo•
1200 F~ol
View from across Ruddiman Creek. View from improved Frisbie St.
STAFF RECOMMENDATION
Staff recommends approval ofthe request.
Commission Meeting Date: February 28, 2005
Date: February 17, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Zoning Ordinance Amendment to the H, Heritage District
SUMMARY OF REQUEST:
Request to amend Sections 2000 and 2001 of Article XX (H, Heritage District) to include
1
additional principal uses for properties fronting on W. Western Avenue between 41h and 9 h
Streets and additional special uses for the entire H, Heritage District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the H, Heritage District
ordinance language to add additional principal uses for properties fronting on W. Western
Avenue between 4 1h and 9 1h Streets and additional special uses for the entire H, Heritage
District.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 2/16 meeting.
The vote was unanimous in favor of the amendment, with B. Mazade and B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission Iterns\Arncndments\2005 Amendments\Casc 2006-05-H Disttict.doc
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Febmary 16, 2006
Hearing; Case 2006-05: Staff initiated request to amend 2000 & 2001 (H, Heritage
Districts) of Article XX to include additional principal uses for properties fronting
on W. Western Avenue between 4111 and 9111 Streets and additional special uses for
the entire H, Heritage district.
BACKGROUND
Our H, Heritage zoning district is presently primarily geared toward residential uses, and for
the majority ofthe district, this is appropriate. However, the West Western Avenue corridor
is, and always has been, a business district. Now that more development is taking place on
Western A venue, it makes it necessary for every commercial/office use to operate under a
special use pennit. Therefore, staff reviewed this section and is proposing the addition of
certain commercial, service, and office uses in the H district as principal uses, on Western
Avenue only. Also proposed are a few additional special uses for anywhere in the district,
where they would be regulated through the special use process.
NEW LANGUAGE
Deletions are erossed out and additions are bold.
H Heritage
ARTICLE XX- H HERITAGE DISTRICTS
PREAMBLE
The "H" Heritage District is intended to permit land uses which promote a historic
atmosphere, cultural and educational values, stabilize and improve property values, foster
community beauty and pride by pennitting the following land uses.
SECTION 2000: PRINCIPAL USES PERMITTED
In an H Heritage District no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
0:\P!anning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amendments\Casc 2006-05-1-I DistJictdoc 2
1. One (1) and two (2) family dwellings.
2. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may
be allowed provided front, side, and rear yards are increased above the
minimum requirements by one (1) foot for each door of building that exceeds
the maximum height required.
3. 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]
4. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f Teaching of music or dancing or similar instruction, limited to one client at a
time
g. Offices located within the dwelling for a writer, consultant, member of the
clergy, lawyer, physician, architect, engineer or accountant, limited to one
client/family at a time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in the
dwelling and only members of the immediate family residing on the
premises may be employed.
0:\P!anning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amcndments\Case 2006-05-H Disbict.doc 3
ii) The business shall have a local business license and any other
appropriate licensing or registrations required by local, state or federal
law.
iii) No equipment or process shall be used in home occupations which
creates noise, vibration, glare, fumes, odor, or electrical interference
detectable to the normal senses of persons off the lot. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference with any radio or television
receivers off the premises or causes fluctuations in the line voltage off
the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be
used in compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence
of the conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers
where employees come to the site and are dispatched to other
locations.
viii) All activity must be conducted within a preexisting structure. The
home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that signage
allowed for home occupations under the sign requirements of this
ordinance. [amended 11/00]
x) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of
the family, and the occupation shall not exceed twenty-five (25)
percent of the principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial
vehicles for delivery of materials to and from the premises. There
shall be no commercial vehicles associated with the home occupation,
nor parking of more than one (1) business car, pickup truck or small
O:\Planning\COMMON\7....oning\City Commission Itcms\Amendments\2005 Amendments\Casc 2006-05-11 DistJict.doc 4
van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other
large equipment
(2) A service or manufacturing process which would normally
require industrial zoning
(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home,
motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.
5. In addition, for those lots abutting Western Avenue between Fourth aud Ninth
Streets only, the following uses are permitted:
a. Any generally recognized retail business which supplies commodities
such as: groceries, meats, dairy products, baked goods or other foods,
drugs, drygoods, and notions or hardware.
b. Personal service establishments such as: shoe repair, dry cleaning shops,
tailor shops, beauty parlors, barber shops, banks and savings and loan
offices, pharmacist and laboratories, or any service establishment of an
office-showroom or workshop nature of an electrician, decorator,
dressmaker, tailor, shoemaker, baker, printer, upholsterer, appliance
repair, photographic reproduction, and similar establishments that
require a retail character no more objectionable than the
aforementioned.
c. Restaurants, or other places serving food.
d. Professional offices of doctors, lawyers, dentists, chiropractors, architects,
engineers, accountants, and similar or allied professions. Offices may be
permitted for similar or allied professions. Offices may be permitted for
0:\Planning\COMMON\Zoning\City Commission ltems\Amendments\2005 Amendmcnts\Case 2006-05-H Disttict.doc 5
applied technology, light technological research, research and
development facilities with laboratories, but no industrially oriented
production facilities shall be permitted.
e. Office buildings for any of the following types of occupations: executive,
administrative and professional.
6. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 2001: SPECIAL LAND USES PERMITTED
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 review of the Histmic District Commission, and after
Public Hearing, subject to the applicable conditions and any other reasonable conditions
imposed by the Planning Commission:
I. Retail business or service establishments as Principal Uses Pennitted in the B-1
District, subject to the regulations of this District.
2. Restaurants, lounges and clubs, except drive-in restaurants.
3. Craft shops.
4. Offices and clinics of physicians, dentists, architects, engmeers, attorneys,
accountants, and similar professions.
5. Outdoor displays.
6. Hotels and motels.
7. Private clubs, lodge halls, social, and similar organizations, including assembly or
rental halls.
8. Indoor Theaters
a. Parking must be either on site or with an irrevocable shared parking agreement.
9. Antique Shops.
10. Multiple family residential uses of various types and densities provided, however, that
0:\Planning\COMMON\f....oning\City Commission ltems\Amendment~\2005 Amendments\Case 2006..05-H Disttict.doc 6
any existing structure originally constmcted for one or two family use shall not be
further divided into additional dwelling units unless it can be demonstrated to the
satisfaction of the Historic District Commission and the Planning Commission that the
essential form and integrity of the structure and its site and surroundings can be
maintained. Any new multiple family construction shall be compatible and/or
complementary to the character of the surrounding area as determined by the Historic
District Commission and the Planning Commission. Multiple family uses as
described under this subsection may be allowed as part of a building containing other
allowable. Principal or Special Uses in this district.
11. Accessory buildings and accessory uses customarily incidental to the above Special
Land Uses Permitted.
12. Uses similar to the above Special Land Uses Permitted.
SECTION 2002: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the H Heritage
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting
nonresidential uses which would not be compatible or harmonious with residential dwellings.
SECTION 2003: AREA AND BULK REQUIREMENTS [amended 4/00]
I. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: I 00%
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height limit:
Maximum height: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
0:\Planning\COMMON\Zoning\City Commission Items\Amendments\2005 Amendments\Case 2006-05-H District.doc 7
Height measurement: In the case of a principal building, the vertical distauce measured from
the average finished grade to the highest point of the roof surface where the building line abuts
the front yard, except as follows: to the deck line of mansard roofs, aud the average height
between eaves and the ridge of gable, hip, aud gambrel roofs (see Figure 2-2). If the ground is
not entirely level, the grade shall be determined by averaging the elevation of the ground for
each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Note: For minimum front setbacks new principal structures on minor streets may align with
existing principal structures in the immediate area even if the setback is below the minimum
required.
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetlaud: 75 feet (principal structures
only).
9. Side setbacks: no requirement
Note, setback measurement: All required setbacks shall be measured from the right-of-way
line to the nearest point of the determined drip line ofbuildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line
provided: [amended 10/02]
a. The building has au approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is grauted by the adjacent property owner aud
recorded with the County Register of Deeds aud provided to the zoning administrator
with the site piau or plot plan.
e. It is not adjacent to wetlauds, or waterfront.
11. All required side aud rear setbacks shall be laudscaped, greenbelt buffers, unless zero-
lot-line is employed for a structure or fire access. At least fifty percent of all required
front setbacks shall be landscaped aud adjacent to the road right-of-way. An average
0:\Planning\COMMON\Zoning\City Commission Items\A.mendmcnts\2005 Amcndmcnts\Casc 2006-0S~H District.doc 8
minimum greenbelt of I 0 feet shall be maintained along each street frontage.
[amended 12/01, amended 10/02]
DELIBERATION
I move that the amendment to Section 2334 (1 0) of Article XXIII (General Provisions) for
Campus Signage be recommended to the City Commission for (approval/denial).
0:\Planning\COMMON\Zoning\City Commission Items\Amendments\2005 Amendments\Case 2006...05-H District.doc 9
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2184
An ordinance to amend Sections 2000 and 2001 of Article XX (H, Heritage District) of
the Zoning Ordinance to include additional principal uses for properties fronting on W.
Western Avenue between 41h and 91h Streets and additional special uses for the entire H,
Heritage District.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2000 and 2001 of Article XX (H, Heritage) is hereby amended to include additional
principal uses for properties fronting on W. Western Avenue between 4'h and 9'h Streets and
additional special uses for the entire H, Heritage District:
Section 2000: Principal Uses Permitted
5. In addition, for those lots abutting Western Avenue between Fourth and Ninth
Streets only, the following uses are permitted:
a. Any generally recognized retail business which supplies commodities
such as: groceries, meats, dairy products, baked goods or other foods,
drugs, drygoods, and notions or hardware.
b. Personal service establishments such as: shoe repair, dry cleaning shops,
tailor shops, beauty parlors, barber shops, banks and savings and loan
offices, pharmacist and laboratories, or any service establishment of an
office-showroom or workshop nature of an electrician, decorator,
dressmaker, tailor, shoemaker, baker, printer, upholsterer, appliance
repair, photographic reproduction, and similar establishments that
require a retail character no more objectionable than the
aforementioned.
c. Restaurants, or other places serving food.
d. Professional offices of doctors, lawyers, dentists, chiropractors, architects,
engineers, accountants, and similar or allied professions. Offices may be
permitted for similar or allied professions. Offices may be permitted for
applied technology, light technological research, research and
development facilities with laboratories, but no industrially oriented
production facilities shall be permitted.
e. Office buildings for any of the following types of occupations: executive,
administrative and professional.
SECTION 2100: SPECIAL USES PERMITTED
7. Private clubs, lodge haUs, social, and similar organizations, including assembly or
rental halls.
8. Indoor Theaters
a. Parking must be either on site or with an irrevocable shared parking
agreement
9. Antique Shops.
This ordinance adopted:
Ayes: Shepherd, Spataro, Wannington, Wierenga, Carter, Davis, Gawron
Nayes: None
Adoption Date: February 28, 2006
Effective Date: March 17, 2006
First Reading: February 28, 2006
Second Reading:--.. :N:..:. t./. . :.A.::___ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~0 .
Gail A. Kundinger, MMC,
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of
the City Commission on the 28th day of February, 2006, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public
notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby. ~
DATED H~ 3 ,2006. 0ful, Q
Gail A. Kundinger, MMC 0
~
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 28, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2000 and 2001 of Article XX (H, Heritage Districts) to include
additional principal uses for properties fronting on W. Western Avenue between 4th and 9th Streets and
additional special uses for the entire H, Heritage District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office ofthe City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published !lla~. 7 ,2006 CITY OF MUSKEGON
By ________________________
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
0 :\Pianning\COMMON\Zoning\City Commission Itcms\Amcndments\2005 Amendments\Case 2006-05-11 District.doc 13
Commission Meeting Date: February 28, 2006
Date: February 17,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cf.L..
RE: Rezoning request for property located at 908 Terrace St.
SUMMARY OF REQUEST:
Request to rezone the property located at 908 Terrace Street from B-3, Central
Business District to B-5, Central Governmental Service District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 2/16
meeting. The vote was unanimous with B. Mazade and B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2006 Approva\s\908 Terrace.doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2185
An ordinance to amend the zoning map of the City to provide for a zone change for
certain properties from B-3 "Central Business District" to B-5 "Central
Governmental Service District"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS :
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from B-3 "Central Business District" to B-5 "Central
Governmental Service District":
CITY OF MUSKEGONREVISED PLAT OF 1903 DESC AS SLY 50 FT LOT
16 &WLY 24.5 FT OF SLY 50FT LOT 17 BLK 187 PARCELB SLY 37FT OF
NLY 44FT LOT 16 &LOT 17 EXC NLY 53FT &EXC W 24.5 FT OF S 50FT
TH' OF BLK 187 SUBJ TO EASEMENT OF ROW RECOR'D 1487/678
This ordinance adopted:
Ayes: Shepherd, Spataro , Warmington, Wierenga, Carter, Davis, Gawron
Nayes: None
Adoption Date: February 28, 2006
Effective Date: March 17, 2006
First Reading: February 28, 2006
Second Reading:----'
N/_A_ __ _ _ _ _ _ __
CITY~r Mus~GOL
By: }l~L Q. ,CjfoU
Gail A. Kundinger, MMC 0
Clerk
CERTIFICATE
(Rezoning of 908 Terrace Street B-3 to B-5)
The undersigned, being the duly qualified clerk of the City ofMuskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 281h day of February,
2006, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further
certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with Act No. 267, Public Acts ofMichigan of 1976, as amended, and that
minutes were kept and will be or have been made available as req~i7d thereb;'.
DATED: ~~ 3 ,2006. ~ Q- ~r
Gml A. Kundmger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 28, 2006, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from B-3 "Central Business District" to B-5 "Central
Governmental Service District":
CITY OF MUSKEGONREVISED PLAT OF 1903 DESC AS SLY 50FT LOT
16 &WLY 24.5 FT OF SLY 50FT LOT 17 BLK 187 PARCEL B SLY 37FT OF
NLY 44FT LOT 16 &LOT 17 EXC NLY 53FT &EXC W 24.5 FT OF S 50FT
TH' OF BLK 187 SUBJ TO EASEMENT OF ROW RECOR'D 1487/678
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published
/?'1
//(;;:,
/
crh z ,2006 CITY OF MUSKEGON
By ____~----~---------
Gail A. Kundinger, MMC
City Clerk
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 16, 2006
Hearing; Case 2006-04: Request to rezone the property at 908 Terrace Street, formerly
Beerman's Music, from B-3, Central Business, to B-5, Central Governmental Service
District, by Nancy McCarthy, Hackley Visiting Nurse Services & Hospice.
BACKGROUND
Applicant: Hackley Visiting Nurse Services & Hospice
Property Address/Location 908 Terrace Street
Request: Rezone from B-3, Central Business to B-5, Central
Governmental Service
Present Land Use: Vacant/Parking
Zoning: B-3, Central Business
STAFF OBSERVATIONS
I. The subject property at 908 Terrace Street was the location of the former
Beerman's Music. The building has been purchased by Hackley Visiting Nurse
Services & Hospice and the Beerman's building has been demolished.
2. Hackely Visiting Nurse Service & Hospice is located adjacent to the subject
property at 888 Terrace.
3. Hackley Visiting Nurse Services & Hospice wish to develop the now mostly
vacant property for parking and green space.
4. The property at 888 Terrace was rezoned from B-3 to B-5 in 2003 when Visiting
Nurses purchased the fmmer Hage's Christian Supply building.
5. Properties to the Northeast and Southwest are zoned B-3, Cental Business.
Properties to the Northwest and Southeast, are zoned B-5, Central Governmental
Service.
6. The Downtown/Lakeshore Redevelopment Plan shows this property located in the
"Service Center" which "gives a home for community, even religion-wide
services and functions".
7. Staff has received no comments regarding the request.
0:\Planning\COMMON\Zoning\City Commission Items\rezonc\Approve\2006 Approvals\908 TciTaCc.doc 5
Former Beerman's site, 908 Terrace St. East side of HVNS building/parking area.
Hackley Visiting Nurse Services & Hospice building.
0:\Planning\COMMON\Zoning\City Commission Items\rezonc\Approve\2006 Approva!s\908 Ten·ace.doc 6
City of Muskegon
Planning Commission
Case 2006-04
Ill= Su~jeothop"iy{l<>)
< O~llotioeA•••
RT ~ r .. o.f •miy R,.ldenU•!
D·l • ll"'llod OUT1011
PAGEO; --~ 2
Commission Meeting Date: February 28, 2006
Date: February 15,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development e.J:0
RE: Environmental Program Trash Clean-up Contract
SUMMARY OF REQUEST:
The special trash pick-up on city terraces and right-of-ways associated with our
Environmental Inspections program is currently being performed by Sunset Waste our
current solid waste hauler. A request for bids was advertised with two companies
placing bids. Diversified UG Utilities Inc. is the low bidder for a one year agreement.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the contract and to authorize the Mayor and City Clerk to sign a 1-year
agreement with Diversified UG Utilities Inc. for the special trash pick-ups along city right
of ways, as directed by environmental inspections staff.
COMMITIEE RECOMMENDATION: None
0:\Planning\COMMON\Environmental\Temtcc pickups\Conunission memo.doc
I
Planning Deptartment
Memo
To: Honorable Mayor and City Commission
From: Mike Cameron, Code Coordinator
Date: February 15, 2006
Re: Environmental Terrace Special Pick-ups Contract
The request for bids resulted in two submissions from area contractors to perform the
services needed. The two bids were as follows: Freelance Enterprises Inc., 1385 E.
Keating, located in Muskegon Township, submitted a bid for a two year contract with
the labor fees per pick-up remaining the same for both years, $65.00 for the first 1/2
ton picked up and $85.00 for trash pick-up of 1/2 to 1 ton with $105.00 being the
charge for 1 to 2 tons of trash. The other bidder is Diversified UG Utilities Inc. 2329
E. Riverwood Drive, Twin Lake and their submitted bid was for a one year contract
with fees per pick-up of $60.00 for the first 1/2 ton picked up and $110.00 for trash
pick-up of 1/2 to 1 ton with $150.00 being the charge for 1 to 2 tons of trash.
Attached are copies of the bidding sheets submitted.
Staffs recommendation is to accept the one-year bid with Diversified UG Utilities Inc.
While Diversified's bid was higher than Freelance on the upper two tiers of the bid
proposal, the vast majority of the work performed is billed at the lowest bid category
and they were low bidder in that category. When using the proposed bid amounts
from both bidders and estimating our costs based on 2005 pick-up numbers, the
Diversified bid would be the overall lowest of the two. The contract to be awarded
does not include a fee to be charged to the city if there is no action needed when a
contractor arrives at the violation site. We currently pay our contractor $10.00 per
such occurrence for a total of $1 ,4 70.00 in 2005. Those charges were nearly 10% of
our overall charges in this area for 2005.
Both bidders have the necessary equipment to perform the work.
e Page 1
Freelance Enterprises Inc. Bid sheet:
Schedule 1 01 AR:reeme~
CONTRACT PRICE PROPOS/...
··:is l)roposal is for clean up and transportation labor based upon each individual clean-up assignment
2-Year Bid
I. Fee to pick up first !4 ton.
2. Fee to pick up !tl -I ton.
3. Fee to pick up J ~ 2tons.
4. Fee to pick up over 2 tons
Fee to be detennined on a case by case hasjs.
EQUIPMENT LIST
List all of tile equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/Make/Model
I. ), 9a /0 YE«D ';o;;f/1)5 fill Q»NdJ
2. I I r;;;., chiiiJ L/.vl qJ
3. I I r:;.; Fi~ 4-oL/ 9?
4. I I [fN chf!Y ili'l 97
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
1. _....t.:::AQv=ud."""-"'M""oo=d"'--'s.o;=rf"--J.Ko=.u.OA=k,.__ _ _ _ _ _ __
2. ________________________________________________
3. __________________________________________________
4. ____________________________________________
O;\Plannin91COMMON\Enlliroomentai\Tetrece Pk:kups\lerrOICG elean-up eunvactdoc
'"
e Page2
Diversified UG Utilities Inc. Bid sheet:
Schedule I of Agreement
yl
CONTRACT PRICE PROPOSAL
;/
r
This proposal is for clean up and transportation labor based upon each individual clean-up assigmnent.
1-Year Bid 2-Year Bid
I. Fee to pick up first !12 ton. $60.00
2. Fee to pick up~ -I ton.
$110.00
3. Fee to pick up 1 - 2 tons.
$150.00
4. Fee to pick up over 2 tons
Fee to be determined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/Make/Model
2000 Ford F-550 w/6,000 lb. crane - 16 ft. Flatbed trailer w/side racks
I.
2.
2000 Ford F-550 Dump ( 5 yd) -
30' triple axle tlatbed trailerw/side
acks
1999 Ford F-550 Stake Bed - tandem axle enclosed trailer ( 1 2 ' )
3.
1997 Ford F-350- United enclosed trailer- 14' (2000)
4. ____________________________________________________ __
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
Kodak DX 4900 4megapixel (owned)
I.
Kodak (owned)- digital
2. ____________________________________________________ __
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4. ______________________________________________________
0:\Pianning\COMMON\Environrnentai\T errace pickups\lerrace cle;m-up conl!acl.doc
10
• Page3
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this 31st. day of March, 2006, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, Ml 49443 ("City"), and,
Linnette Kruszynski, of Diversified UG Utilities Inc. ("Contractor"), with reference to the
following facts:
Background
A. City requested bid proposals for trash clean up of the right-of-ways and tenace areas of
City-owned, State-owned and privately owned properties located within the City limits of
Muskegon as listed above.
B. Contractor submitted a bid proposal for trash clean up of the right-of-ways and terrace
areas of City-owned, State-owned and privately-owned properties located within the City
limits of Muskegon as listed above.
Therefore, the parties agree as follows:
I. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
n1inutes;
b. All descriptions of services not included in this A!,'feement but used in
co1mection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in cmmection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall inm1ediately notify
the City, in writing, for a detem1ination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to trash clean up of the above listed
properties. Contractor shall perfom1 the services set fm1h in this contract in a timely,
workman-like manner.
a. Garbage, debris and waste removal. Contractor shall pick up
and remove all garbage, debris, trash and waste materials,
including but not limited to cans, bottles, loose papers, dead tree
\\Muskdata\Data\Pianning\COMMON\Environmentai\Terrace picl<.ups\terrace clean-up contract. doc
1
111. Alternative equipment may be proposed for use but requires City
approval prior to use.
iv. Chain saws.
v. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
vu. Digital Cameras. Minimum 3 megapixel resolution with automatic
dating capacity.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the perfom1ance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor's obligations under this Agreement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph l.
6. Assignments. Work assignments are detem1ined on an as needed basis.
7. Contractor \Vork Crew.
Number. The contractor shall provide the staff needed to efficiently and
economically perfonn the task required. The city reserves the right to limit the
size of work crews at any time.
a. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
perfonnance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any the following
methods:
1. Telephone;
ii. Cellular Telephone
111. Beeper
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
desi1,>nated by the City.
\\Muskdata\Data\Pianning\COMMON\Environmentai\Terrace pickups\terrace clean-up contract. doc
3
b. Damages. In the event that Contractor fails to commence perfonnance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be constmed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be detennined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement of perfonnance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute perfonnance.
Failure to perfonn pursuant to this Agreement for a period in excess of three (3)
consecutive, scheduled, working days, or failure for a similar period, to perfonn
in the manner required, and provided such failure is not a result of war,
insurrection, riots, or acts of God, the City may, at its option and after written
notice to Contractor, utilize any or all of Contractor's equipment used in
performance of this Agreement until such time the matter is resolved and the·
Contractor is performing under the tem1s of the A!,>reement.
Any and all expenses incurred by City during such time may be deducted from
payments due or to become due to Contractor.
Should Contractor be unable to resume perfonnance at the close often (10)
calendar days, all liability of the City under this A!,>reement shall cease and City
shall be free to negotiate with other contractors for the perfom1ance of work.
Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's dete1mination shall be final and binding on both pmiies,
unless appealed, in writing to the City Manager or his designee within ten (I 0)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent pem1itted by law, Contractor
agrees to defend, pay in behalf of, indemnify, and hold hannless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
\\Muskdata\Data\Pianning\COMMON\Environmentai\Terrace pickups\terrace dean·up contract.doc
5
1. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
11. Two (2) copies of Certificate of!nsurance for Commercial General
Liability Insurance; and
u1. If so requested, Certified Copies of all policies mentioned above will be
fumished.
1. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten (I 0) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the perfonnance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
16. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other pat1y's address set forth in this Ab>reement
or at any other address that the other pat1y provides in writing. Notices given in
person are effective on the day they are given.
b. Governing Law. This Agreement is executed in accordance with, shall be
govemed by, and construed and interpreted in accordance with, the laws of the
State of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any pm1ion of its
rights and obligations contained in this Agreement without the express ptior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the pat1ies with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the pat1ies and their respective legal representatives,
pem1itted successors, and assigns.
\\Muskdala\Data\Pianning\COMMON\Environmentai\Terrace pickups\terrace clean-up contract.doc
7
Schedule I of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individual clean-up assignment.
1-Year Bid 2-Year Bid
J. Fee to pick up first 'h ton. $60.00
2. Fee to pick up Y, - 1 ton.
$110.00
3. Fee to pick up 1 - 2 tons.
$150.00
4. Fee to pick up over 2 tons
Fee to be detennined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE TRAILER
Year/Make/Model
],
2000 Ford F-550 w/6,000 lb. crane - 16 ft. Flatbed trailer w/side racks
2000 Ford F-550 Dump (5 yd) - 30' triple axle flatbed trailerw/side
2. ------------------------------------------------------------·-------------Lacks
1999 Ford F-550 Stake Bed- tandem axle enclosed trailer (12')
3. ------------------------------------------------------------
1997 Ford F-350 - United enclosed trailer - 14' (2000)
4.
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many 0
Kodak DX 4900 4megapixel (owned)
J.
Kodak (owned)- digital
2.
3.
4.
0:\PianningiCOMMON\Environmentai\Terrace pickups\terrace clean-up contract doc
Date: 02/28/06
To: Honorable Mayor and City Commission
From: DPW
RE: Purchase of Police Cruisers Replacement
SUMMARY OF REQUEST:
Authorize staff to purchase three (3) 2006 Crown Victoria from Tony Betten
and Sons Ford out of Grand Rapids since they were the lowest responsible
bidder with a total bid price of $60,510.18.
FINANCIAL IMPACT:
Total Cost $60,510.18
BUDGET ACTION REQUIRED:
None. Item was budgeted for.
STAFF RECOMMENDATION:
Approve and authorize staff to purchase three (3) cruisers.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 02/28/06
Re: Budgeted Vehicle Replacement (Police Cruisers)
The Equipment Division had scheduled the replacement of six Crown Victoria
Police Interceptors for 2006. However, due to a lower than normal turnover, we are
requesting the purchase of only tluee units at this time. These vehicles will be setup
with video system, light bars, and radar units and will be used as police patrol cars.
I have requested prices from area dealers as well as the statewide purchasing
contract. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting permission to
purchase three Crown Victoria Police Interceptors from Tony Betten and Sons Ford
out of Grand Rapids.
1
Equipment Purchase • 2006
Macomb County Great Lakes Ford Fremont Ford Tony Betten
3942 W. Lansing : 2469 E. Al!l!le Ave : 7148 W48th 3839 Plainfield NE
Ty11e of Vehicle , Per!)l Mi 48872 Muskegon Mi 49442 Fremont ,Michigan rand Raoids Mi 49525
3 Crown Victoria $20,597.00 $20,860.00 : $20,781.60 $20,170.06
Police Interceptors ,
Total $61,791.00 $62,580.00 $62,344.80 . $60,510.18
I I
Date: Febmary 28,2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create a Special Assessment District for:
DENMARK ST., LAKESHORE DR. TO CROZIER AVE.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for DENMARK ST.,
LAKESHORE DR. TO CROZIER AVE., 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 district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2006-19(a)
Resolution At First Hearing Creating Special Assessment District
For DENMARK ST., LAKESHORE DR. TO CROZIER AVE.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 28,2006 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 tile with the City and have been reviewed for this hearing.
3. At the hearing held February 28,2006, there were 25.93 %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 proper1y 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 proper1ies 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
Depm1ment 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 Davis and Gawron
----------------------
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 18.97% 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 propet1ies to be assessed of the hearing at which the
City Commission will consider confim1ation of the special assessment roll.
This resolution adopted.
Ayes Shepherd, Spataro, Warmington, Wierenga, Carter,
Davis, and Gawron
Nays None
CITY OF MUSKEGON
By ~Q.~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 28,2006.
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
~Kg~ge~~
EXHIBIT A
DENMARK ST., LAKESHORE DR. TO CROZIER AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of DENMARK ST., LAKESHORE DR. TO CROZIER
AVE.
I
~
cG
E
cCl)
0
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Denmark St., Lal{eshore Dr. to Crozier Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
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 PREP AID, 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 17th DAY OF FEBRUARY 2006.
Q.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
c£ /Jet DAY OF .t llaiG A , 2006.
otnda J. a
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 1-oZ.r- a ~
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
DENMARK ST., LAKESHORE DR. TO CROZIER AVE.
AND
FIFTH ST, MUSKEGON AVE. TO WESTERN AVE.
The specific locations ofthe special assessment districts and the properties proposed to be assessed are:
All parcels abutting Denmark St., from Lakeshore Dr. to Crozier Ave.
And
All parcels abutting Fifth St. from Muskegon Ave. to Western Ave.
The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Department during regular business hours- between 8:00A.M. and 5:00P.M. on weekdays,
except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 28, 2006 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICI-IIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, 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: February 18, 2006 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
ENGINEERING FEASIBILITY STUDY
For
DENMARK ST., LAKESHORE DR. TO CROZIER AVE.
The reconstruction of Denmark between Lakeshore Dr. & Crozier, see attached exhibit for
location, was initiated by the City due to the conditions of the pavement, drainage facilities and
other underground utilities (water & sewer). The existing pavement has deteriorated to a level
where, we believe, a total reconstruction is necessary. This section of road has not had, to the
best of our records, any major work since the 50s. The proposed improvements (reconstruction)
consist of following;
1. Complete removal of existing pavement and replacement with a new asphalt street section
that would include curb & gutter without any changes to the width.
2. Sanitmy sewer replacement- spot repairs.
3. Water & Sanitary Services replacement.
4. Storm sewer replacement (drainage facilities)
A memo from the Assessor's office, which addresses the appraisal and benetit information, is
attached.
The preliminary cost estimate for the work associated with paving is $545,777 with the length of
the project being approximately 1650 lineal feet (project length) or 2015'ofassessable footage.
This translates into an estimated improvement cost of $169 per assessable foot. The assessment
figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2006 Special
Assessment Rates for this type of improvement
I
I
I
I
I
February 13, 2006
I Mohammed Al-Shatel, City Engineer
City of Muskegon
933 Terrace Street
I Muskegon,MI49443
Mr. Al-Shatel:
I In accordance with your request, I have examined the proposed special assessment
district entailing the reconstruction of Fifth Street between Muskegon Avenue and
Western Avenue. The purpose of this analysis is to document the reasonableness of
I this special assessment district by identifying and quantifying any accrued benefits. It
is subject to the normal governmental restrictions of escheat, taxation, police power
I and eminent domain. The effective date is February 13, 2006.
In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accrued benefits to the properties encompassed by this
I project. The amounts reflect the sum of the immediate estimated value enhancement
and the intrinsic value that will accrue from an overall increase in 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 $32.00 for the reconstruction of the above
mentioned project area appears reasonable in light of an analysis that indicates a
possible enhancement of$33.50. The conclusions are based upon the data presented
within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
rt'{lls\._;
Heather Singleton,1~MAE 2
Appraiser
February 17, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.
A public hearing is also scheduled for this project on FEBRUARY 28, 2006. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 17, 2006
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 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
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Denmark St. from Lakeshore Dr. to Crozier Ave.
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 FEBRUARY 28, 2006 at
5:30P.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 $340,000.00 of which
approximately 18.97% ($64,493.12) 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 (1 0) years. Any work on drive approaches or
sidewalks requested by property owners will be assessed to the property at actual
contract prices and these costs may also be paid in installments over ten (1 0) 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 8:00A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60} days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten ( 10} years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10} years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
/11. 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. ApplicaUons may be obtained at
the Muskegon County Equalization Office in the Muskegon County bw1ding 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
DENMARK ST., LAKESHORE DR. TO CROZIER AVE. H 1613
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLDJNFORMA:TION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: ________,Social Security# _ _-_ _-_ _
Spouse: Birth date: Social Security # _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: ____________ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security#--------
INCOME. lNFORl\'IATION
ANNUAL Household Income: $_ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY TNFORI\1ATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be cun·ent to qualify and will be verified by CDBG staff)
. OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's know ledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
FOR OFFICE USE ONLY.
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
DENMARK ST., LAKESHORE DR. TO CROZIER AVE. H 1613
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street
assessment for you to the extent that funds are available.
Application Requirements:
V' Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2005
65% MEDIAN HOUSEHOLD INCOME CHARI· . ·
FAMILY SIZE INCOME LIMIT
I $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
V' Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document
showing both your name and address.
V' Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to verify all application information. If current owner sells the home prior to the special assessment corifirmation,
the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient
documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 39.13 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,252.16
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EXC S 200FT & EXC W 59FT BLK 658
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED D
Owner
Signature
---------------
CoOwner/Spouse
Signature
------------------
Address Address
Thank you for taking the time to vote on this important issue. 'Y~'·""s """
SPECIAL ASSESSMENT H 1613
RECONSTRUCTION HEARING DATE FEBRUARY 28, 2006
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
1 FRICKE IRENE ASSESSABLE FEET: 39.13
24-205-658-0001-00 156 MILLVIEW AVE COST PER FOOT: $32.00
@ 2205 LAKESHORE DR KALAMAZOO Ml 49001 ESTIMATED P.O. COST: I $1,252.16 1
2 LARSEN RONALD P II ASSESSABLE FEET: 54
24-205-658-0001-20 2165 DENMARK ST COST PER FOOT: $32.00
@ 2165 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,728.oo 1
3 BILEK ROBERT/BROOKE ASSESSABLE FEET: 53
24-205-658-0001-30 2171 DENMARK ST COST PER FOOT: $32.00
@ 2171 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,696.oo 1
4 STOUT EUGENE E ASSESSABLE FEET: 48.33
24-205-658-0001-40 2200 HARRISON AVE COST PER FOOT: $32.00
@ 2200 HARRISON AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,546.56 1
5 TULEJA ELSIE ASSESSABLE FEET: 49.5
24-205-657-0001-00 306 N JACKSON COST PER FOOT: $32.00
@ 2203 DENMARK ST SPRING LAKE Ml 49456 ESTIMATED P.O. COST: I $1 ,584.oo 1
6 CARPENTER JEFFRAY L ASSESSABLE FEET: 24.75
24-205-657-0001-10 2215 DENMARK ST COST PER FOOT: $32.00
@ 2215 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: l.___$_7_92_.0_0_,1
7 CARPENTER JEFFRAY L ASSESSABLE FEET: 33
24-205-657-0002-00 2215 DENMARK ST COST PER FOOT: $32.00
@ 2225 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,o56.oo 1
2/17/2006 Page 1 of 5
RECONSTRUCTION HEARING DATE FEBRUARY 28, 2006
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
8 DEVOOGD JON P/MCNIFF WILLI ASSESSABLE FEET: 33
24-205-657-0004-00 3404 FULTON AVE COST PER FOOT: $32.00
@ 2231 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,o56.oo 1
9 BREEN TRACY/ANGELA ASSESSABLE FEET: 66
24-205-656-0001-00 2249 DENMARK ST COST PER FOOT: $32.00
@ 2249 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2, 112.oo 1
10 LAKESIDE BAPTIST CHURCH ASSESSABLE FEET: 66
24-205-656-0002-00 2250 DENMARK ST COST PER FOOT: $32.00
@ 2257 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
11 MOSHER JOHN R ASSESSABLE FEET: 66
24-205-656-0007-00 2269 DENMARK ST COST PER FOOT: $32.00
@ 2269 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2, 112.oo 1
12 SNEDEKER MARK/BAILEY CHRI ASSESSABLE FEET: 66
24-205-656-0006-00 2279 DENMARK ST COST PER FOOT: $32.00
@ 2279 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
14 KROLL LAURALEE ASSESSABLE FEET: 66
24-205-655-0001-00 2297 DENMARK ST COST PER FOOT: $32.00
@ 2297 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
15 TOWNE KAREN I ASSESSABLE FEET: 33
24-205-655-0002-00 2303 DENMARK ST COST PER FOOT: $32.00
@ 2303 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 .o56.oo 1
2/17/2006 Page 2 of 5
RECONSTRUCTION HEARING DATE FEBRUARY 28, 2006
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
16 HOWARD PATRICK D ASSESSABLE FEET: 33
24-205-655-0002-10 2309 DENMARK ST COST PER FOOT: $32.00
@ 2309 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 .o56.oo 1
17 GILLIKEN RENTAL & INVESTME ASSESSABLE FEET: 66
24-205-655-0013-00 1860 NIELWOOD DR COST PER FOOT: $32.00
@ 2317 DENMARKST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $2,112.oo 1
18 SCHROEDER EDWARD ASSESSABLE FEET: 66
24-205-655-0012-00 1456 E MCMILLAN RD COST PER FOOT: $32.00
@ 2325 DENMARK ST MUSKEGON Ml 49445-101 ESTIMATED P.O. COST: I $2.112.oo 1
19 PERDUE MATTHEW J/HEIDI ASSESSABLE FEET: 66
24-205-654-0001-00 2341 DENMARK ST COST PER FOOT: $32.00
@ 2341 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2.112.oo 1
20 LAKESIDE UNITED METHODIST ASSESSABLE FEET: 66
24-205-654-0002-00 2160 CROZIER AVE COST PER FOOT: $32.00
@ 2357 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,112.oo 1
21 LAKESIDE UNITED METHODIST ASSESSABLE FEET: 198
24-205-654-0010-00 2160 CROZIER AVE COST PER FOOT: $32.00
@ 2160 CROZIER AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $6,336.oo 1
22 SWARVAR DANIEL C ASSESSABLE FEET: 85
24-205-641-0005-00 2187 LAKESHORE DR COST PER FOOT: $32.00
@ 2187 LAKESHORE DR MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2.12o.o0 1
2/17/2006 Page 3 of 5
RECONSTRUCTION HEARING DATE FEBRUARY 28, 2006
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
23 DANIELS ELEANOR I ASSESSABLE FEET: 60
24-205-641-0005-1 0 2168 DENMARK ST COST PER FOOT: $32.00
@ 2168 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,92o.oo 1
24 FORTIER PAULETTA ASSESSABLE FEET: 44
24-205-641-0005-20 2176 DENMARK ST COST PER FOOT: $32.00
@ 2176 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,4o8.oo 1
25 FREYE DOUGLAS ASSESSABLE FEET: 75
24-205-641-0005-30 2156 HARRISON AVE COST PER FOOT: $32.00
@ 2156 HARRISON AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,4oo.oo 1
26 VANLEEUWEN LUKE/SMITH JEA ASSESSABLE FEET: 33
24-205-642-0010-00 3832 DALSON RD COST PER FOOT: $32.00
@ 2204 DENMARK ST TWIN LAKE Ml 49457 ESTIMATED P.O. COST: I $1 .o56.oo 1
27 HORSL Y RICHARD A!CONSTAN ASSESSABLE FEET: 66
24-205-642-0010-10 2216 DENMARK ST COST PER FOOT: $32.00
@ 2214 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2.112.oo 1
28 HRYNEWICH SUSAN L TRUST ASSESSABLE FEET: 62
24-205-642-0011-00 1132 NORTH LN COST PER FOOT: $32.00
@ 2224 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,984.oo 1
29 GORYL JOANNA ET AL ASSESSABLE FEET: 35
24-205-642-0011-10 2146 MINER AVE COST PER FOOT: $32.00
@ 2146 MINER AVE MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1.12o.o0 1
2/17/2006 Page 4 of 5
RECONSTRUCTION HEARING DATE FEBRUARY 28, 2006
DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
30 LAKESIDE BAPTIST CHURCH ASSESSABLE FEET: 205.5
24-205-643-0012-00 2250 DENMARK ST COST PER FOOT: $32.00
@ 2250 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $6,576.oo 1
31 MUSKEGON PUBLIC SCHOOLS ASSESSABLE FEET: 0
24-205-645-0001-00 BUNKER SCHOOL COST PER FOOT: $32.00
@ 2312 DENMARK ST ESTIMATED P.O. COST: L l_ _..:...$0_.0_0_,1
32 MITCHELL FREDDIE ASSESSABLE FEET: 55
24-205-646-0011-00 2906 ROOSEVELT RD COST PER FOOT: $32.00
@ 2362 DENMARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,76o.oo 1
33 BURDEN JACK L ASSESSABLE FEET: 38.5
24-205-646-0011-10 130 N GREEN CREEK RD COST PER FOOT: $32.00
@ 2372 DENMARK ST MUSKEGON Ml 49445 ESTIMATED P.O. COST: I $1,232.oo 1
34 RAMSEYER JEFFERY J ASSESSABLE FEET: 63.7
24-205-64 7-0009-00 2083 SISSON ST COST PER FOOT: $32.00
@ 2083 SISSON ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,o38.4o 1
SUM OF ASSESSABLE FOOTAGE: 2015.41 SUM OF ESTIMATED P.O. COST: $64.493.12 I
TOTAL NUMBER OF ASSESSABLE PARCELS 33.00
2/17/2006 Page 5 of 5
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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: 2165 DENMARK ST
Parcel Number 24-205-658-0001-20
Assessable Frontage: 54 Feet
RECEIVED
Estimated Front Foot Cost: $32.00 per Foot
FEB 2 8 2006
ESTIMATED TOTAL COST $1,728.00
Property Description City Clerks Office
CITY OF MUSKEGON REVISED PLAT OF 1903 N 50FT OF S 200FT OF E 1461/3 FT LOT 1 BLK 658 TOGETHER WITH ALL PART VA<
LEON ST LYING BTWN DENMARK AVE & N/S BNDRY LNS OF ABOVE DESC PARCEL IF SD LNS WERE EXTND E IN SAME GENERAL
DIR TO WL Y LN DENMARK AVE TOGETHE
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOS~
Owner ~ 11> (? {,p.,zSt.t.ig;· CoOwner/Spouse
SignaturC32~('5z b Signature----------
Address lll" ? D.:0/Y1NI- /:: Address
Thank you for taking the time to vote on this important issue. 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 !his cmd by 101ail, sirnply 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: 2257 DENMARK ST
Parcel Number 24-205-656-0002-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $32.00 per Foot t---==:o=o...-;r:~--"1
$2,112.00
RECEIVED
ESTIMATED TOTAL COST
Property Description FEB 2 8 2006
CITY OF MUSKEGON REVISED PlAT OF 1903 BLK 656 LOT 2
City (;lerks Otfi~
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR JXJ I AM OPPOSED D
Owner CoOwner/Spouse S•df ;(t! r b< ,-f
Signature Signature ~:..::-"_.c:;;;;_~l....___ _ __
Address Address
10
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: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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, sirnply told 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: 2250 DENMARK ST
Parcel Number 24-205·643-0012-00
Assessable Frontag<;: 205.5 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $6,576.00
RECEIVED
Property Description H.B ;!. 8 ?GO~
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PT OF BLK 643 DESC AS BLK 643 THE LYr"'~ TrQF /HE WLY 60FT LOT 11
ALSO ALL OF LOTS 12, 13, 14 AND 15 ALSO INCLUDING SWLY 14FT OF NELY 39FT OF LO 1~Bt :>AkSO INCLUDING WLY 91
FT OF ORIGINALLY PLATTED ALLEY
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR JKI
' /
I AM OPPOSED D
Owner ~A.L.e s; Je D..!.i.f fi 0,1 Ch lac I) CoOwner/S pause ,....~l.-l...u..;~;=-~.,1.!..;:,;.;~;__
Signature Signature
--------~·
Address
Thank you for talv\..f r f\,1-{_, Address
Thank you for taking the time to vote on this important issue. 29
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 c<~rd by rrtz!l, ~.;;:;;::,iy f;:..id ;:,;·,the uuiied iines 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: 2160 CROZIER AVE
Parcel Number 24-205-654-0010-00
Assessable Frontage: 198 Feet
RECEIVED
Estimated Front Foot Cost: $32.00 per Foot
FEB 2 2 2006
ESTIMATED TOTAL COST $6,336.00
City Clerks Office
Property Description
'·
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLK 654 COM AT APT ON S LINE BLK 122.1 FT E OF SW COR TH N 5 DEG
37 MIN W 48.48 FT TO S LINE OF ALLEY TH NEL Y TO NE COR LOT 15TH SEL Y TO SE COR LOT 15TH SWLY ON ARC OF 64 FT
RADIUS TON LINE CROZIER AVE EXT
Your vote CCJUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR~ I AM OPPOSED D
Owner cj};QgQ~? CoOwner/Spouse - - - - - - - - - - -
Signature ~.d.Jel\t>cf" Signature
Address
21
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 Citv Clerk's Office To
return this caro by mall, s1mpiy 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: 2341 DENMARK ST
Parcel Number 24-205-654-0001-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,112.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 654 LOT 1
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [X]
Owner
Signature
·i_
~ ~\u 0
(j[~: .~ Signature jjp i d,·L h.d,
1 1...e.._2 _ __
CoOwner/Spouse _.._)-\eLL.I.~.;du;l_,_..pL.J,1;.J,1 _.'r~J.lol
1 1 1 _,
Address Address
Thank you for taking the time to vote on this important issue.
FEB 2 2 2006
City Clerks Office
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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
retl•m th:~ cure! by maii, :;iii11Jiy foki on ihe 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: 2357 DENMARK ST
Parcel Number 24-205-654-0002-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,112.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 654
Your vote CC)Uf\JTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR It< I I AM OPPOSED D
""""' ..JLSJUDf!!i
'S>~u-" ~ SJj;
Signat.ure ·
Co Owner/Spouse
Signature
----------------------
. ·.-.:. . .
·Address Address
FEB 2 2 2006
City Clerks Office
--... ....
~ ~~,...,.,..--
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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, siqn 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: 2249 DENMARK ST
Parcel Number 24-205-656-0001-00
Assessable Frontage: 66 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,112.00
Property Description
CITY OF MUSKEGON REVISED PlAT OF 1903 BLK 656 LOT 1
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED IXI
-··T-·· (:,} r.
,.,1~(. ; . <-\'-L-~L- f~-:-},. -,. -'J -;..;;..('_'-<'-.J_\_ _ CoOwner/Spouse ....,._ A. , ,-(\-.~. ,·
117 . :.I;-F-". :B:; ;1,r,~e~L~:~--'----
-
·
Owner
Signature Vt)/.t:~L~J._~--- Signature ·I!JI{<)V- pu2}·~--
Address Q);) ti~ Gcl'\fx\l:rf< Address ;) ;;;_ Lf1 tm rr1 tl vk~ sf,
Thank you for taking the time to vote on this important issue. RECEI\AED
FEB 2:2 2006
City Clerks Office
SPECIAL ASSESSMENT
1-!EARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count. please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 "Wd by m2i!, simply ~8:d ;:;n :h.:: duileu ii11lls so me address on the reverse side is
showing. Be sure to seal the form with a smail 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 lnformaliof1
Property Address: 2168 DENMARK ST
Parcel Number 24-205-641-0005-10
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,920.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 641 SE 60FT OF NW 145FT LOT 5 & JONES SUB D!V OF LOTS 3 & 4 BLK 641
NWLY 45 FT OF THE SELY 50 FT LOT 5
Your vote COuNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR 0 I AM OPPOSED D
Owner ..:.(..:.1("-,··:;..;·......~~-~(""'·';..;.'•;;.;j;..;.·_'·-·- - - CoOwner/Spouse -~·/·'"',r.•..::•~:;.,-_ _ _ _,
Signat~re '( .·
L~.:
i. 1
. Signature
Address Address
Thank you for taking the time to vote on this important issue. " ·.~R=E=c-;:;::1Et'w..VE;:;;;D~
FEB 2 2 2006
City Clerks Office
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 mali, s1mp1y lola on the aotiea 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.
p.ssessment Information
Property Address: 2203 DENMARK ST
Parcel Number 24-205-657-0001-00
Assessable Frontage: 49.5 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,584.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 657 N 99FT LOT 1
Your vote COUN'TS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED lZl
Owner ....:..?:_~..;_·
_·__,L'-'~:::::=·
or-'&=- CoOwner/Spouse - - - - - · - - - - - ·
Signature __£__.-t1 ~_._ t;a4=/* Signature
Address 3 L', ·;n.u:-e;; !l c.-J~,,_..... Address
(./
Thank you for taking the time to vote on this important issue. 5
~ ;:£~ I'~(:,
·_f'
I
RECEIVED
v I '-~ 'r .y :.~~ FEB 2 2 2006
City Clfltk~ Otflct!!
__,_,_,_,,.....,_._...-_,
-~c=.~ "/,~,_,_.- __ _.
SPECIAL AS.SESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: DENMARK ST.,LAKESHORE DR. TO CROZIER AVE.
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 tn1s card Dy mail, simply told on the dotted lines so the acldress 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: 2224 DENMARK ST
Parcel Number 24-205-642-0011-00
Assessable Frontage: 62 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,984.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 642 N 62FT LOT 11
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
D
I AM IN FAVOR I AM OPPOSED [X]
rr.· / rp '~:. ~\ .l
Owner I ~ 1'11 I 1
.f(U I . <;oOwner/Spouse
Signature ~ 7 0_,_, t:d
I .
Signature
Address (13 ·z_ A./o:•ft, (1;..<-Ji. Address
Thank you for taking the time to vote on this important issue. . ,. 'RECEIVE
FEB 2. 2 2006
~.,~., _
City Cl~tk!£.................
Office
H-1613 DENMARK ST., CROZIER TO LAKESHORE DRIVE
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS· 33
FOR OPPOSE
LETTER# ST# STNAME PARCEL# FEET LETTER# ST# STNAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2015.41 *** 21 2160 CROZIER 24-205-654-0010-00 198.00 2 2165 DENMARK 24-205-658-0001-20 54.00
23 2168 DENMARK 24·205·641-0005·1 0 60.00 5 2203 DENMARK 24·205-657 ·0001·00 49.50
FRONT FEET OPPOSED 522.63 25.93% 30 2250 DENMARK 24-205-643-0012-00 205.50 28 2224 DENMARK 24-205-642-0011-00 62.00
10 2257 DENMARK 24-205-656-0002-00 66.00 9 2249 DENMARK 24·205·656-0001-00 66.00
RESPONDING FRONT FEET IN FAVOR 595.50 29.55% 20 2357 DENMARK 24-205-654-0002·00 66.00 12 2279 DENMARK 24-205-656-0006-00 66.00
19 2341 DENMARK 24-205-654-0001·00 66.00
NOT RESPONDING· FRONT FEET IN FAVOR 897.28 44.52% 22 2187 LAKESHORE 24-205-641-0005·00 65.00
1 2205 LAKESHORE 24·205-658-0001-00 39.13
TOTAL FRONT FEET IN FAVOR 1492.78 74.07% 29 2146 MINER 24-205~2-0011-10 35.00
TOTALS 595.50 522.63
TABULATED AS OF: 04:38PM 2/2812006 4:47PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Denmark St
Date: Februaty 28,2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create a Special Assessment District for:
FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for FIFTH ST., MUSKEGON
AVE. TO WESTERN AVE., 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 district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2006-19(b)
Resolution At First Hearing Creating Special Assessment District
For FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
l. A hearing has been held on February 28, 2006 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
infonnation are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 28, 2006, there were 22.11 %objections by the owners of
the propetiy 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:
l. 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:
l. 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 detennines 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
Commi ssioners Spataro and Wi erengo
--------~------------
and the City Assessor who are hereby directed to prepare an assessment rol l.
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 11.15% ofthe 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
C ity Commission will consider confirmation of the special assessment roll.
Thi s resolution adopted.
Ayes Shepherd, Spataro, Warmington, Wierengo, Carter, Davis , and
Gawron
Nays None
CITY OF MUSKEGON
By LQ ~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on Fcbmary 28,2006.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan , Act 267 of the Publi c Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, C lerk
EXHIBIT A
FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Fifth St., Muskegon Ave. to Western Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
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 I 7th DAY O~ARY, 2006.
~ 0~ '
GAIL A. KUNDINGER, CI~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
cJJmi DAYOF !?la c vb ,2006.
~ Rl}_ tdft;c
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXP IRES tj - Q?S--tJ b
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:
DENMARK ST., LAKESHORE AVE. TO CROZIER AVE.
AND
FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Denmark St., fium Lakeshore Dr. to Crozier Ave.
And
All parcels abutting Fifth St. from Musl-•it,._,( ?"", CoO.mer/Spo"'.e-.----------
···Signature ·_·......;,._......;,..__________
Add~ess, ;{\t·k ·Oft\: •. . '*"' ·
Address
Thank you for taking the time to vote on this important issue. HAw"'"' "' 'N' ' 16
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 28, 2006
Project Title: FIFTH ST.,MUSKEGON AVE. TO WESTERN AVE.
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 mrrl by mai!, zimpiy 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: 1064 5TH ST
Parcel Number 24-205-314-0007-10
Assessable Frontage: 40 Feet
Estimated Front Foot Cost: $32.00 per Foot
RECEIVED
CITY OF MUSKEGON
ESTIMATED TOTAL COST $1,280.00
Property Description FEB 22 2006 I
CITY OF MUSKEGON REVISED PLAT OF 1903 S 40FT OF N 67FT OF LOT 7 BLK 314 ENGINEERING DEPARTMENT
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [Z]
Owner
- - - - - - - - - - CoOwner/Spouse ~L.l.-4~~~t:.-__L~~~
Signature Signature
Address Address
Thank you for taking the time to vote on this important issue. ' · 3
RECEIVED
.l ; ;: 2006
LQ!ty Clerks Office
-·--······-~:.._}
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED [X]
Owner _s'"« LC)'i1;1:4JIQi77fl CoOwner/Spouse --~~-___,,...__ __
Signatur~ -rya """""'*f po4ilf Signature
Address 33 0 \.:. '• (\ 41 1,Cb eM-., Address
Thank you for taking the time to vote on this important issue. (/!CAL s'J'Y''"' 8
C)~
H-1615 FIFTH ST.,MUSKEGON AVE. TO WESTERN AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -17
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 1045.00 ••• 9 521 WESTERN 24-205-315-0001-00 70.00 2 1060 FIFTH 24-205-314-0007-00 27.00
~
10 1063 FIFTH 24-205-315-0012-00 70.00
FRONT FEET OPPOSED ~ .:;:2.11% 3 1064 FIFTH 24-205-314-0007-1 0 40.00
16 1141 FIFTH 24-205-337-0012-00 28.00
RESPONDING FRONT FEET IN FAVOR 70.00 .6.70%
g
NOT RESPONDING- FRONT FEET IN FAVOR
Jn'f'f ,O
~
&Jij
~ 7/,/q "''·"'"'
TOTAL FRONT FEET IN FAVOR aae:oo- ·84.-2.l% 77. J'/
TOTALS 70.00 165.00
TABULATED AS OF: 04:47PM 2/28/2006 4:47PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON FIFTH ST.
DATE: January 12, 2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050097
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
856 Fork- AREA 11 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: # EN-050097- 856 Fork
Location and ownership: This structure is located on Fork between Amity and
Allen and is owned by Tammie Robinson.
Staff Correspondence: A fire interior inspection was conducted 04/13/04. A
dangerous building inspection was conducted on 03/28/05. The Notice and Order
to Repair was issued on 04/15/05. A building permit was issued 04/22/04 was
extended 06/13/05 and expired 11/03/05. Electrical permit issued 06/07/04,
expired 0908/05 with a rough-in approved but no final inspection scheduled. A
progress inspection was conducted 09/08/05. On 08/04/05 the HBA declared the
structure substandard and dangerous and a public nuisance. A letter was sent
11/18/05 requesting owner to complete repairs and schedule inspection by
December 15, 2005.
Owner Contact: No one was present to represent case at the HBA meeting. The
contractor, related to the owner did ask for an extension which was granted but
no inspections have been scheduled and no owner contact.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $13,400
Estimated cost to repair: $10,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 24, 2006.
C:\Documents and Settings\Potter\Local Scttings'lfemporary Internet Files\OLKIA\AGENDA- 856 Fork.doc page I of I
CITY OF MUSKEGON
FIRE INSPECTION REPORT
856 Fork
(INTERIOR INSPECTION)
4113/04
Inspection noted:
1. Complete rewire to 2003 Michigan Residential Code.
2. Smoke alarms to be installed to meet 2003 Michigan Residential Code.
3. Electric service to be replaced to meet 2003 Michigan Residential Code
4. CPVC pipe installed wrong and needs to be replaced.
5. Duct needs repair or replacement.
6. Water heater leaking/needs to be replaced.
7. Furnace needs to be certified safe by licensed contractor.
8. PVC waste and vent pipe needs to be replaced.
9. Seal smoke damage throughout.
10. Replace all damaged wall, ceiling, floor covering.
11. All handrail, guardrail to meet 2003 Michigan Residential Code.
12. Replace rotted floor joists, basement, severe damage to back of home.
13. Tuck point block- back porch stoop. It is pulling away from home,
allowing water to enter home.
14. Strip- replace entire roof to 2003 Michigan Residential Code.
15. Rafter investigation required.
16. Replace damaged back landing.
17. Replace all damaged siding.
18. Scrape and paint all exposed wood on exterior- scrape & paint.
19. Replace broken out windows.
20. All work requires construction permits. These permits must be obtained
prior to work beginning.
HENRY FAL TINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\856 Fork.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Friday, January 13, 2006
Enforcement# EN050097 Property Address 856 FORK ST
Parcel #24-205-204-0008-00 Owner ROBINSON TAMMIE
Inspector: Henry Faltinowski
Date completed: 03/28/2005
DEFICENCIES:
Uncorrected
1. All permits, building, electrical and plumbing have expired. No
inspections have been performed.
2. Exterior of home deteriorating more as no work has started.
3. Interior inspection requested by trade inspectors to verify progress.
Progress Inspection Conducted 09/08/05
1. Still needs exterior repairs completed - roof, fascia, & soffit!.
2. In process of drywall.
3. Needs floor repair- joist repair.
4. Needs cabinets, finish flooring.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 6, 2006
RE: Ferry Terminal Funding
SUMMARY OF REQUEST:
To consider a request from Great Lakes Dock & Materials to fund Energy Code requirements at
the Muskegon ferry terminal.
FINANCIAL IMPACT:
$29,600.00
BUDGET ACTION REQUIRED:
The 2006 budget would have to be amended to accommodate this expense.
STAFF RECOMMENDATION:
To okay the request as it is not an obligation of the City.
COMMITTEE RECOMMENDATION:
The City Commission will consider this request at their Work Session on 2/13/06.
pb/O:AGENDA- FERRY TERMINAL FUNDING 020606
Affirmative Action
{231)724-6703
FAX: (231)722-12i4
Asseno r/Equ allza tlon
(l31)724-tt708
FAX: (231)726-5181
Cemetery Department
{231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1114
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231 )724-6705
FAX: 1231)724-4178
January 30, 2006
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info.
Systems Mr. Joseph G. Bailey
(231 )724-6744 Great Lakes Dock & Materials, LLC
FAX: (231)722-4301
1920 Lakeshore Drive
Engineering Dept.
(231)724-6707
Muskegon M149441-1798
FA.X: (231)727-6904
Finance Dept. Dear Joe:
(231)724-6713
FAX: (2:31)724-6768
I am in receipt of your letter dated January 24, 2006 regarding payment for
Fire Department
(231 )724-6792
the energy management work for the ferry terminal. We had previously
FAX: (231)724-6985 agreed that this work could be completed after the past ferry season.
Income Tax
(231)724-6770 My position has consistently been that the City had contracted with Great
FAX: (231)724-6768
Lakes to construct the facilities for a specified amount of money and should
Inspection Services not pay any additional money to complete the building. As you know, the
(231)724-6715
FAX: (231 )728-4371 City has already paid a significant additional amount over the originally
Leisure Sen·lces
agreed upon cost as requested by Great Lakes.
(231)724-6704
FAX: (231)724-1196
I have maintained previously that since Great Lakes contracted with
Mayor's Office Northshore Construction that they had a responsibility to produce a terminal
(231)724-6701
FAX: (231)722-1214 that met the building code requirements. I understand that Great Lakes has
Planning/Zoning
been reluctant to pursue Northshore Construction on this matter. Perhaps it
(231)724-6702 is time to do so.
FAX: {231)724-6790
Police Deptartment You should also consider the fact that Great Lakes is receiving considerably
(231)724-6750
FAX: (231)722-5140 more in rents and fees from the ferry than the City and our funds are
dedicated to repaying the capital costs expended to construct the ferry
Public Works Dept.
(231)724-4100 facilities in the first place. Therefore, it would seem that Great Lakes is in a
fAX: (23 I )722-41 H8
better position to fund these improvements than the City.
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(23 1 )714-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (23 1)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
_L -
Mr. Joseph G. Bailey
Page 2
January 30, 2006
Regardless of all the above, I plan to place your request on the City
Commission's worksession agenda for consideration on February 13, 2006.
That meeting is at 5:30 p.m. in the City Commission Chambers at City Hall.
You or someone from Great Lakes should plan to attend this meeting.
Sincerely,
CITY OF MUSKEGON
A~ ·t/l'lt,~
BryoZazade )
City Manager
BLM/pb
Cc: Mayor Warmington & City Commissioners (with enclosure)
George Bailey
John Bultema
Tim Paul (with enclosure)
Tony Kleibecker (with enclosure)
Mark Kincaid (with enclosure)
Don LaBrenz II (with enclosure)
pb/BML GRT LKS DOCK CERTIF OF DCC 013006
-
GREAT LAKES DOCK & MATERIALS, L.L.C.
TOTAL MARINE SERVICES 559 E. Western Ave.
Muskegon, Michigan 49442
Telephone (231) 728-4172
Fax (231) 728-4173
ReCEIVED
January 24, 2006 Lil.N 2 5 2006
MUSKEGOi-...!
CITY MAI,AGER'S OFFICE
City of Muskegon
933 Terrace St., P.O. Box 536
Muskegon, Ml 49443-0536
Attn: City Manager
RE: City of Muskegon- Ferry Dock & Terminal
Certificate of Occupancy
Dear Mr. Mazade:
I am writing this letter in response to the City's Letter dated April 14, 2005. The Lake Express will soon be
starting their third season and have still not obtained a final certificate of occupancy for the terminal building.
Two of the three outstanding issues identified in the City's Letter have been completed. Those issues are the
final inspections for both the mechanical system and the electrical system. I have attached copies of both final
inspections.
The last outstanding issue is for the building to comply with the provisions of the Michigan Energy Code. In
order to meet the code, insulation and drywall must be installed. The plan is detailed in a letter from E3
!novations dated May 25, 2004 and the approved revisions detailed in the City's April14, 2005 Letter.
I have obtained two quotes to complete the insulation & drywall work per the above mentioned plans. Please
find the attached quotes from Great Lakes Marina and Proline Construction, both are local contractors. The
lower of the two quotes is for $29,600.00.
The Energy Management has been an open issue for some time and was identified as such in GLD&M's June
21, 2004 Letter to the City (a copy of the letter is attached):
a. Terminal Building HVAC System.
b. Terminal Building Energy Management Issue.
Both of these items are outlined in the City of Muskegon's May 19, 2004 letter to North shore Construction.
At this point, these items are still outstanding and most likely will require additional funding to cure.
The HVAC system has been approved by the City and does not require any additional work or funding.
Great Lakes Dock & Materials, L.L.C. would like to formally request the $29,600.00 in additional funding
required to bring the ferry terminal building in compliance with the Michigan Energy Code and receive a final
certificate of occupancy.
Please contact me if you have any questions.
Docks • Piledriving • Dredging • Diving • Towing • Marine Salvage
GREAT LAKES DOCK & MATERIALS, L.L.C.
TOTAL MARINE SERVICES 559 E. Western Ave.
Muskegon, Michigan 49442
Telephone (231) 728-4172
Fax (231) 728-4173
Sincerely,
Joseph G. Bailey
Great Lakes Dock & Materials, LLC
1920 Lakeshore Drive
Muskegon, Ml49441-1798
JGB/jgb
Attachments:
Copy of City of Muskegon's Letter Dated April14, 2005
Copy of Final Electrical Inspection
Copy of Final Mechanical Inspection
Estimate from Proline Construction
Estimate from Great Lakes Marina
Copy of GLD&M's June 21, 2004 Letter to City
Docks • Piledriving • Dredging • Diving • Towing • Marine Salvage
AGENDA ITEM N O . - - - - -
CITY COMMISSION MEETING February 28, 2006
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 15, 2006
RE: 2006 - 2007 City Commission Goals
SUMMARY OF REQUEST:
To adopt the 2006- 2007 City Commission goals.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached Vision, Value and Mission statements and the 2006- 2007 goals.
COMMITTEE RECOMMENDATION:
The City Commission determined these goals at their annual goal setting session on
February 3, 2006.
pb/0/AGENDA- 200607 CITY COMMISSION GOALS 021506
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 Residential Neighborhoods of the City.
Goals/Projects 2006
1. Regional Cooperation
2. Relationship with Mart Dock
3. Blight Fight
4. Eliminate one way streets in City
5. Development of Terrace Street lots
6. Youth Recreation
7. Mall Property
8. Edison Landing
9. Marketing I Public Relations
10. City Hall customer service
11. Trails
12. Millage for streets
MUSKEGON CITY COMMISSION GOALS
2006-2007
REGIONAL COOPERATION (23)- Consider ways to cooperate with other local
governments, including functional consolidation, to provide the most cost-effective
municipal services.
ESTABLISH BETTER RELATIONS WITH THE MART DOCK (Downtown
Property) (22) - Work to improve the relationship between the City and the owner of
the Malt Dock property in an attempt to assist them with the redevelopment of their
properties.
BLIGHT FIGHT (21)- A coordinated effort of several City departments to address
blighting influences throughout the City and in targeted areas.
ELIMINATION OF ONE-WAY STREETS (20)- Change certain one-way streets,
especially Muskegon and Webster, Peck and Sanford and First and Second Streets, to
two-way streets.
REDEVELOP TERRACE STREET LOTS (16)- Consider opportunities to
redevelop this propetty, includes constructing a new central fire station and the
possibility of relocating the farmer's market to this site. The current farmer's market
site would be considered for single family houses.
YOUTH RECREATION FACILITIES (13)- Consider constructing new facilities
and renovating existing recreational facilities in order to enhance youth recreation
opportunities. These facilities include Joe Clifford Park expansion, Consumers
Energy sports complex and improvements at Smith-Ryerson Playfield.
REDEVELOPMENT OF FORMER MALL PROPERTY (12)- Work with the
DMDC in the redevelopment of the property by assisting with the design and
construction of the infrastructure, financing the infrastructure through grants and tax
increment financing and by providing planning and building reviews and inspections.
MARKETING/PUBLIC RELATIONS (9Yz)- Consider the possibility of funding a
position or contracting for marketing and public relations services to better
communicate the virtues of the City and enhance the image of the City.
DEVELOPMENT OF EDISON LANDING (7Yz)- Pursue avenues to get
development to occur on this site. The City should also assist in marketing the site as
a key waterfront development opportunity.
RECREATIONAL TRAIL EXPANSION (1)- To continue the expansion of the
City's trail system, especially linking it to the Musketawa trail system.
MAINTAIN A CUSTOMER-FRIENDLY CITY GOVERNMENT (I)- A
continuous effort to improve ease of access to City services and programs for
individuals and businesses.
MILLAGE FOR STREETS (I)- Consider levying a millage to re-surface and re-
construct City streets.
Note: The above is a description ofthe City Commission goals and is ananged in
order of priority. There were other goals identified that did not rate as priorities.
Date: February 28, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: MERS Uniform Resolution for Service Credit Purchase
SUMMARY OF REQUEST: The city has previously approved the transfer of all non-union
employees to the statewide MERS retirement system. The attached resolution is a follow-up action and
perm~s employees in the MERS system to purchase up to five years of generic service. Employees
wishing to buy service are required to pay 100% of the actuarial cost as determined by MERS.
FINANCIAL IMPACT: The employee is required to pay 100% of the actuarially determined cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
2006-2l(b)
.iMERS
.0
UNIFORM RESOLUTION FORMERS
SERVICE CRIWIT .J>Ul\CHMmS
WHEREAS, !lw -~·~/)};d?c~;;J . ·-·' is a pnrticiptlting entity
(municipality or cOtirt) in the Mumcipal Employees' Retirement System of Michigan ("MERS"),
!1:>t the bcnclit of:tnd employees and retirees coV<>rcd under the plnn; und
WHKIHcAS, MERS is a govcrnmentul pension plan that Jws been determined by the
Internal Revenue Service to be a tax-qualilkd trust under Internal Revenue Code section 4() I(al,
and tax-exempt ulld(>r Code section 501{a) (IRS Lct!c'r of favorable Determination issued ,lunc
l5, 2005); and
WHEIH:AS, under its tax-qualified status, MERS must administer the Plan Document
according to its terms and consistent with applicable provisions of the lntcmal Revenue Code;
and
WHERICAS, Pl.an Document Section (> sets out the conditions l(•r pm·chasc of service
credit for qualifying service in the emJ>Ioy of the United States government, a state, or a political
subdivision of a stale, and J>lan Section 7 sets out the conditions fhr purchase of the Internal
Revenue Code mnximum of ilve ($) ycllrs of generic service; and
WHEREAS, ns plu'l of the pmcess through which the governing body uch service purchases by resolution, Sections 6( I)(a) and 7( J)(a) spccil)• that
The resolution of the governing body or the administrative order of
the chief judge shall be made or issued ]l\ll'Stmnt to a previously
adopted written policy which provides for unifonn ~pplieability of
the provisions of this section to aiL members employed by the
participating municipality or participating court who are covered
by the same bencfitprogram cowragc classitlcati(m,'' and
NOW, THEREFORR, BE IT RESOLVED, that the governing body establishes the
following conditions for purclmsc ofqualil)'ing service tmder.:
• Plan Section 6 govcrrHHentul service YES____ NO _V
• Plan Section 7 generic service YES.~ NO
I .. Employees may purchase such service under the terms and conditions set out in Plnn
Section _']_·-·-' with such service 11\1! being credited until the employee sntisfics the vesting
t•equircmcnt in c!Tcct, and such service cannot be used tbr satis!)dng the minimum vesting
requirement in the evcm of termination o!'MERS membership.
J'uge I of1
2. Employees must pay [(JJ2 %, of the actuarial cost (the dinl!rem:e between the
actuarial present valttc of polential benefits after (Tediting the specified amount or credited
sen•kc and the actuarial present value wn as the ADOPTION DATE), the
City of l''ll.WOl · - - - - - - - hereby adopts Bencflt Program
(MERS numicipnlityicourl)
DC (as set forth in the MERS Uniform Defined Contribution Program Adoption Agreement) for
~ of P!blic -~@~ of Sct1th.retct11 Ckdcal & 'fu.:lnioll t.hi t (specify employees.ldivision #s)
first hired on and after the Adoption nate, and optional participation for any employee or officer of
this miUlicipality otherwise eligible to participate in MERS under Sections 2J3(3)(a) and 3(3) of the
Plan Document who has previously elected to not participate in MERS. ONLY THOSE
EMPLOYEES ELIGIBLE FOR MEnS MEMBERSHIP (SECTIONS 2B(3) AND 3 OF THE
PLAN DOCUMJSNT) SUAI.L BE ELfGlBU~ TO PARTICIPATE.
(A) CONTRIBUTIONS shall be as allowed and specified in the Adoption Agreement
(Attachment 2, completed and approved and a certified copy submitted to MERS
concurrent with and incorporated by reference in this Resolution) subject to the
provisions of MERS Plan Document: Section J9A(2) that employer contributions shall
be in any percentage of compensation fmm I% to the maximum allowed by the Internal
Revenue Code, in increments of 0.1 %; and Section 19A{3), under which an employee
member may voluntarily contribute additional amounts to the extent allowed by the Code.
(B) EARNINGS under the Adoption Agreement shall include items of"Compensation" under
Section 2A(6) of the MERS Plan Doctuncnt, being the Medicare taxable wages reported on
the member's W-2 statement.
(C) VESTING shall be as allowed and specified under:
(I) Plan Section 19A(12), whose text is set out in Section 11(0) of this Revised
Resolution: and
(2) the Adoption Agreement.
STOP If co1•crilrg 11e1v employees only, skip II and go to III on page 5. STOP
MBRS DCA®ptkm Rcsolutionllll••r{ll Page 2 of 6 pages
II. OPTIONAL PROVISION FOR CURRENT MERS MEMBERS WHERE DC
PROGRAM FOR NEW EMPLOYEES ESTABLISHED (PLAN SECTION 19A(8}-(ll))
THIS OPTIONAL PROVISION SHALL Ol'iLY BE SELECTED
WHERE THE TOTAL FUNDED PERCl::NT OF AGGREGATE
ACCRUED LIABILITIES AND VALUATION AS5;ETS OF ALL
RESERVES SPECiFIED IN TABLE 11 (OR SUCCESSOR TABLb)
OF THE MOST RECENT MERS AAJVUAL ACTUARIAL
VALUATION REPORT IS AT LEAST SIXTY PERCENT (60%).
IT IS ADDITIONALLY RESOLVED, as provided in each of the following paragraphs:
(A) Effective on the Adoption Date, pursuant to Plan Section 19A(8)(b) all current MERS
defined benefit members who are members of the same employee classification described
in Section! above on the Adoption Date shall:
THE GOVERNING BODY SHALL
SEU:CT ONLY ONE OF THE FOLLOWING
where vested under this municipality's MERS vesting program (10, 8, or 6 years)
where the employee has at least the following number of years of credited service for
this municipality on Adoption Date: (insert whole number lcs. than
vest jug program)
without regard to vesting
be offered the opportunity to irrevocably elect coverage lll!der Benefit Program DC, under
the detailed procedures specified in Plan Section l9A(9)-( ll ).
(B) For each eligible employee, an opportunity to irrevocably elect to participate in Benefit
Program DC shall be offered. Section 19A(9) specifies an employee's written election to
participate shall be filed with MERS: (a) not earlier than the last day of the third month
after this Resolution is adopted and received by MERS; and (b) not later than the first day
of the first calendar month that is at least six months after MERS receives this Resolution.
This means each eligible employee will have about 90 days to make the decision.
After MERS receives this Resolution, this governing body's authorized official and eligible
employees will be advised by MERS of the election window timclincs and otl1cr
information to consider in making the irrevocable decision whether to participate in Benefit
Program DC.
(C) Participation for those electing coverage shall be effective the first day of the first calendar
month at least seven (7) months afler MERS' receipt of the Resolution, here designated as
being the month of __ , 20_ _,(insert month and year) which shall
be known as the "CONVERSION DATE."
•
M1!R.S DC Adoption Rt50!uticn llll4iOI Page 3 of 6 pages
(D) The opporttmi!y for current employees on the Adoption Date to participate in the DC
Program shall:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLO\VING
apply to all employees who separate from or terminate employment with
this municipality aflcr the Adoption Date and bcf(lre the Conversion
llatc, so long as the employee does not receive a retirement allowance
from MERS based on service for this municipality.
_ _ not apply to any employee who separates from or tenninates
employment with this municipality at!er the Adoption Date.
(E) CONTRIBUTIONS shall be as provided in Section l (A) above.
(F) EARNINGS shall be as provided in Section I (B) above.
(G) VESTING shall be as provided in Section l (C) above, and participants shall be credited,
on participant written request and MERS' verification of such service, with all eligible
service, if any, specified in Plan Section 19A(I2) which states:
Where a member has previously acquired in tltc employ of any participating municipality or
participating court:
(a) not less than 1 yc:tr of dell ned benefit service in force with a participating municipality
or pauicipating court;
(b) eligible credited service where the participating munlcipality or participating C\)Urt has
adopted the Reciprocal Retirement Act, 1961 I' A 88;
(c) at least 12 mQntbs in which employer contributions by a participating municipality or
participating court have been made on behalf of the memher under llcoelit Program
DC,
such service shall on the member's written request to the employer and MERS' verification of
such service be applied toward satisfYing the vesting schedule for employer contributions.
This requil'CIIIent shall apply to all adoptions of Jlenetit Program DC on and after October 1,
2000; where previously adopted, the participating municipality or participating court may
adopt this subsection (12) with full effectiveness as of the original defined contribution
adoption date for the employer division involved.
(H) For each employee irrevocably electing to participate in Benefit Program DC, then under
Plan Section 19A(I 1), MERS shall transfer to the member's credit (as adjusted through
MERS' records to the Conversion Date) the greater of:
(1) The member's accumulated contrihutions; or
(2) The actuarial present value (as determined in Paragraph (I) below).
The transfer shall be made approximately 30 calendar days after the Conversion Date, and
the transfer amount shall include pro-rated regular interest at the regular Board-established
MHkS DC Adoption Rtsoluti(IO 11!14/01 Page 4 nf 6 pages
rate of (currently four percent (4%)) measured from the Conversion nate to the actual
transfer date.
(I) Per Plan Section I9A( I I)(b), the Retirement Board has established the assumptions for
calculation of the actuarial present value of a member's accrued benefit that may be
transferred. The assumptions arc:
(I) The Interest rate in effect as of the Adoption Date, to determine actuarial
present nlue, sbaU be the Board-established Investment earnings rate
assumption (currently eight percent (8.00%)).
(2) The funded lcYel for the member's specific MERS division (total funded
percentage of the present value of accrued benefits and valuation assets of all
reserves) ns of the Adoption Date from the most recent !viERS annual actuarial
valuation report data provided by MERS' actuary. In the APV ~ulculation, the
funded level used shall be:
THE GOVImN.ING HOI)Y SHALL
SEU:CT ONLY ONE OF THE FOLLOWING
_ _ Funded level for the division (not to exceed l 00% funded level).
If greater than the division's funded level but not more than 100% funded
level, then MERS is directed to compute the funded percentage for the
transfer calculation on __% funded basis (inscn number not t•ss than
funded level percentage and not more th•n 100%). Where less than 100% funded
level exists, this goYerning body l'CCOJ,~lizes that such direction shall
increase its pension funding liability. MERS shall not implement such
direction unless the governing body forwards to MERS sufficient cash up to
the funded level selected for all members prior to the Conversion Date; if
sufficient cash is not forwarded, then the governing body expressly
covenanL~ with MERS and directs, as a condition of this selection, to
MERS billing and tbe go\'Crning body remitting to i\·lERS all contributions
necessary to fund the unfunded liability occasioned by the aggregate
transfer of tl1e difference between the actual funded level for the division
and funded level directed above over a period of four (4) years.
Ill. IMPLEMENTATION D.IRECTIONS FORMERS BENEFlT PROGRAM DC
TIDRD-PARTY ADMINISTRATOR.
(A) The governing body of this MERS participating municipality or court as Employer desires
that MERS Benefit Program DC be administered by MERS' duly-designated third-party
administrator and that some or all of the funds held under such plan be invested in the
TPA's retirement trust established for the collective investment of f1mds held under the
Employer's retirement, defined contribution, and deferred compensation plans.
(B) The Employer hereby establishes MERS Benefit Program Defined Contribution as
authorized by Section 19A of the Municipal Employees' Retirement System of Michigan
Plan Document, in the fom1 of the third-partY administrator's IRS-qualified retirement
trust.
MllRS DCMoptlonR,..luti<>nll!WOI Page 5 Qf6 pages
(C) The Declaration of Trust (Attacluucnt 2, Appendix A, approved and adopted concurrent
with and incorporated by refe.rence in this Resolution) is operative and applies with respect
to any MERS Benefit Program DC plan or deferred compensati t ~ ~ ted at the official mec · lC?yW;? qf S:;yl::tJ,,&gn 11jdJiqan Cleriml ooj Tfx±nj ml nut
(Specify employee classifict~tion J!.!!ll division nwnbers)
2. Only those Employees eligible for MERS Membership (Section 3 of the
MERS Plan) shall be eligible to participate. (A copy of ALL employee
enrollment forms must be submitted to MERS as well as ICMA.)
V. CONTRIBUTION PROVISIONS
1. The Employer shall contribute on behalf of each Participant 3 % of
Earnings or ~ 6% ot o~ for the Plan Year (subject to the linlitations of
sections 415(c) and (e) of the Internal Revenue Code). Each Participant is
required to contribute ~ %of Earnings for the Plan Year to "'e2ive 81.
fran t:JH i'lllilC¥ir. 'Jhe"l'orticitBn: et:et ehx;t to =>tribJtc 3'< <,fl,:n f.irst
eligible t:o f>'tt:ticipato an:' t:J-., olcctkn is i.rre-~e. (l;irite "()" if m
o:ntrlh.Jti(J) is r<lf'!ll DC Moption Aarecmont 1
2127104
Attachment 2
If Employee contributions are required, an Employee shall not have the right to
discontinue or vary the rate of such contributions afier becoming a Plan
Participant.
The Employer hereby elects to "pick up" the Mandatory/Required Employee
contribution. (Allows employee contributions to be made on 11 pre-tax basis)
Yes 0 No
[Note to Employer: Picked up contributions are excludable from the
Employee's gross income under Section 414(h)(2) of the Internal Revenue
Code of 1986 only if they meet the requirements of Rev. Rut. 81-35, 1981-1
C.B. 255. Those requirements are (I) that the Employer must specify that the
contributions, although designated as Employee contributions, arc being paid
by the Employer in lieu of contributions by the Employee; and (2) the
Employee must not have the option of receiving the contributed amounts
directly instead of having them paid by the Employer to the Plan.
Neither an advisory opinion letter issued by the Internal Revenue Service with
respect to the MERS Plan, nor a determination letter issued to an adopting
Employer, is a ruling by the Internal Revenue Service that Employee
contributions that are picked up by the Employer are not includible in the
Employee's gross income for federal income tax purposes. The Employer may
seek such a ruling.]
2. Each Employee may make a voluntary (unmatched), after-tax contribution,
subject to the limitations of Sections 415(c) and (e) of the Internal Revenue Code.
3. Employer contributions and Employee contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi'"'I>Bilkly
----------------
VI. EARNINGS
Earnings shall be the Medicare taxable wages reported on the Employee's W-2
statement.
VII. VESTING PROVISIONS
The Employer hereby specifies the toll owing vesting schedule:
****** SEE NEXT PAGE ******
MEltS at.cfit l'loJmn DC Adoption A - I 2
VZ7104
Years of Specified
Service Vesting
Completed Requirements
Zero %
One --'2LD-%
Two 40 %
Three w %
Four ro %
Five 1()) %
Six ....,-:-.,...-%
Seven or more 100 %
Vlll. Loans are permitted under the Program:
0 Yes 0 No
IX. The Plan will accept an eligible rollover distribution from an eligible retirement plan
described in Section 401(a)(including "40l{k)") or 403(a) of the Code, an annuity
contract described in Section 403(b) of the Code, an eligible deferred compensation
plan described in Section 457(b) of the Code maintained by a state, political
subdivision of a state, or any agency or instrumentality of u state or political
subdivision of a state, or an individual retirement account or annuity described in
Section 408(a) or 408(b) of the Code, including after-tax employee contributions, as
applicable.
Yes 0 No
X. The Employer hereby agrees to the provisions of the MERS Uniform Defined
Contribution Program and agrees that in the event of any conflict between Section
19A and the MERS Plan, the provisions of Section 19A shall control.
XI. The Employer hereby appoints the ICMA Retirement Corporation as the Plan
Administrator pursuant to the tenns and conditions of the Plan.
The Employer hereby agrees to the provisions of the Plan.
XU. The Employer hereby acknowledges it understands that failure oo properly fill out this
Adoption Agreement may result in the ineligibility of the Plan in the Benefit Program
DC.
MERS Bcn.tll Proartm OC Adop