City Commission Packet Archive 02-28-2006

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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

                                            fr<fsb
                                            amer<fcar_1
                                            so c !cH:,y



February 13, 2006


Linda Potter, Deputy City Clerk
City of Muskegon
933 Terrace Street
Muskegon MI 49443

Dear Ms. Potter,

The Muskegon Irish American Society is submitting its request to fly the Irish Flag beginning
on Friday, March 17, 2006 to celebrate St. Patrick's Day. The Irish population of Muskegon
enjoys seeing the flag displayed at such a prominent location during this time of year.

The flag measures 3' X 5' and consists of 3 stripes, green, white and orange.

The officers of the Muskegon Irish American Society are:
President- Kevin Donovan, 1086 Ireland, Muskegon MI 49441
Vice President- Kathleen Marek, 2504 Letart, Muskegon MI 49441
Treasurer- Kevin Donovan, 1086 Ireland, Muskegon MI 49441
Secretary- Jeanne O'Brien, 8985 Lakeshore, West Olive MI 49460
Program Chairperson- Mary Anne Gorman, 3475 Lake Dunes Drive, Muskegon MI 49456

We request that the flag be flown from Friday, March 17th through Friday March 24th in front
of City Hall. As in the past, I can collect the flag from the Engineering Dept.

Our organization is a non-profit social organization.

I am the contact person who will be responsible for the flag's condition and presentation. We
would like to gather at approximately 5:15PM on March 17th to raise the flag. The entire
activity takes approximately 10 to 15 minutes. Please inform me if the above request is
granted. We appreciate the past cooperation of the City of Muskegon.

Sincerely,



Kevin Donovan, President
Muskegon Irish American Society
Phone: 231-722-423 7
1086 Ireland
Muskegon MI 49441
 Affirmative Action
 {23))724·6703
 FAX: (231)722·1214

 Assessor/Equalization
 (231)724-6708
 FAX: (231)726--5181

 Cemetery Department
 (231 )724·6783
 FAX: (231)716-5617

 City Manager
 (231)724·6724
 FAX: (231)722·1214

 Civil Service
 (231)724-6716
 FAX: (231)7244405

 Clerk                   March 1, 2006
 (231)724-6705
 FAX: (231)7244178

 Community and
   Neigh. Services
 (231)724-6717           Mr. Kevin Donovan, President
 FAX: (231)72()..2501
                         Muskegon Irish American Society
 Computer Info.
   Systems
                         1086 Ireland
 (231 )724~6744          Muskegon,MI 49441
 FAX: (231)722-4301

Engineering Dept.        Dear Mr. Donovan:
(231)724-6707
FAX: {231)727-ii904
                         Your request to fl~ the Irish Flag outside City Hall on Friday, March 17th through
Finance Dept.
(131)724-6713            Friday, March 24' was approved by the City Commission at their meeting last
FAX: (231)724-ii768
                         night.
Fire Department
(231)724-6792
FAX: (231)724-6985
                         If you have any questions, please call me at (231) 724-6705.
IncomeTu
(231)724-6770            Thank you,
FAX: (231)724-6768

Inspection Services
(231)724-6715
                         c~?zdo
FAX: (231)728-4371
                         Linda Potter
Leisure Services
(231)724~6704
                         Deputy Clerk
FAX: (231)724-1196

Mayor's Office           cc: J.R. Gann
(231)724-6701
FAX: (231)722-1214

Planning/Zoning
(231 )724-6702
FAX: (231)724-6790

Pollee Deptartment
(231)724-6750
FAX: (231)722-5140

PubUc Works Dept.
(231 )724-41 00
FAX: (231)722-4188

Treasurer's Office
(231)724-6720
FAX: (231)724-6768

Water Billing Dept.
(231)724-6718
FAX: (231)724-6768

Water Filtration
(231)724-4106
FAX: (231)755-5290
                           City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                                      www .shorelinecity.com
                Commission Meeting Date: February 28, 2006




Date:         February 17, 2006
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development             ei>C
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
                                                          w~•
PI
   annmg Co      .
Case#
       2006  _~~1ssion




                         -D   '" Subj eotP, 0 p.,ty('

                              "'Notioe Aiel!
                                                    IU)




 GOO
                                      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




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     0:\Planning\COMMON\Zoning\City Commission Itcms\rezone\Approvc\2006 Approva\s\908 TetTace.doc              7
RECOMMENDATION

Staff recommends approval ofthe request to rezone the subject property from B-3 to B-5
because the request conforms to the goals and recommendation of the City's 1997 Master
Plan/Downtown Lakeshore Redevelopment Plan.

DELIBERATION
Criteria-based questions typically asked during a rezoning include:

I.     What, if any, identifiable conditions related to the petition have changed which
       justify the petitioned change in zoning.

2.     What are the precedents and the possible effects of precedent that might result
       from the approval or denial of the petition?

3.     What is the impact of the amendment on the ability of the city to provide
       adequate public services and facilities and/or programs that might reasonably
       be required in the future if the petition is approved?

4.     Does the petitioned zoning change adversely affect the environmental conditions
       or value of the suJTounding property?

5.    Does the petitioned zoning change generally comply with the adopted Future
      Land Use Piau of the City?

6.     Are there any significant negative environmental impacts which would
       reasonably occur if the petitioned zoning change and resulting allowed structures
       were built such as:

       a.       Surface water drainage problems
       b.       Waste water disposal problems
       c.       Adverse effect on surface or subsurface water quality
       d.       The loss of valuable natural resources such as forest, wetland, historic
                sites, or wildlife areas.

7.          Is the proposed zoning change a "Spot Zone"?

       a.       Is the parcel small in size relative to its surroundings?
       b.       Would the zoning change allow uses that are inconsistent with those
                allowed in the vicinity?
       c.       Would the zoning change confer a benefit to the property owner that is
                not generally available to other properties in the area?
       d.       A spot zone is appropriate if it complies with the Master Plan.




       0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2006 Approva\s\908 Tenace.doc   g
DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 908 Terrace Street from B-3,
Central district to B-5, Central Governmental Service district, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant to the
City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use/Downtown Lakeshore
Redevelopment Plan and zoning district intent.




       0:\Planning\COMMON\Zoning\City Commission ltems\rczonc\Approve\2006 Approvals\908 Tcrrace.doc   9
Date:        February 28, 2006
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Sixth Street, Houston to Muskegon


SUMMARY OF REQUEST:
Award the paving, using asphalt material, and underground utility construction contract (H-
1528) for the Sixth St. reconstruction between Houston to Muskegon to McCormick Sand
out of Twin since they were the lowest, see attached bid tabulation, 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



COMMITTEE RECOMMENDATION:
         -ouo~OONOTO<TOT~C   -INCORRECT IW.O 0Al.OUL.>T1011




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 tal<ing the time to vote on this important issue.                                  30
                                     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 thlo cn;--d by ;:-~ai:, si! HtJiy foiu on tne aotted !ines 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:                              2187 LAKESHORE DR
    Parcel Number                                  24-205-641-0005-00
    Assessable Frontage:                           85            Feet

    Estimated Front Foot Cost:                     $32.00        per Foot

    ESTIMATED TOTAL COST                          $2,720.00
    Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 BcK 641 NW 85FT LOT 5
                                                                                        RECEiVED
                                                                                       FEB 2 7 2006
                                                                                     City Clerks Office


    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

         I AM IN FAVOR      D                                           I AM OPPOSED       0
Owner    '\)R,)II~.L   (. S.vJA(l.V{J('.., CoOwner/Spouse _ _ _ _ ,_ _ _ _ _ __
Signature      j);;/::.{!.J c£...,.,.r-~:=-:,           Signature

                                                        Address

        Thank you for taking the time to vote on this important issue.                                22
                                      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:                               2205 LAKESHORE DR
    Parcel Number                                   24-205-658-0001-00
    Assessable Frontage:                            39.13        Feet                 AECETVEO
   Estimated Front Foot Cost:                       $32.00       per Foot
                                                                                     FEB 2 4 2006
   ESTIMATED TOTAL COST                            $1,252.1.5
                                                                                   City Clerks ,..,.,
                                                                                                Vlf/CS
   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   0
Owner

Signature
             -------- CoOwner/Spouse
                          Signature

Address                                                  Address

        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 soecial assessment project, sign the form and return it to the City Clerk's Office. To
I       return this card by mail, simply fold on the dotted lines so the address on the reverse s1de 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:                                2279 DENMARK ST
        Parcel Number                                    24-205-656-0006-00
        Assessable Frontage:                             66         Feet

        Estimated Front Foot Cost:                       $32.00     per Foot

       ESTIMATED TOTAL COST                             $2,112.00
                                                                                 AECcfVEO
       Property Description
       CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 656 NE 1/2 LOT 6                FEB 2:3 2006
                                                                               C/ Clerks 1"'\u·
                                                                                           VIT/ce



                                               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     [SJ
    Owner       \Y\o& 5rec\eber                       CoOwner/Spouse

    Signature    ~          L6/                               Signature

    Address       JA..19      Qei\(Y'Ur{ ;}                   Address
                                                                                                    12
            Thank you for taking the time to vote on this important issue.
                                             SPECIAL ASSESSMENT
                                         HEARING RESPONSE CARD
      NO ;·{ESPONSE 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.
      ·PrJject DeGcription: RECONSTRUCTION

      l N:?JI~UCTIONS
          If i'OU wish to have your written vote included as part of the tabulation of votes forwarded to
          t';r: 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
                         td by mail, simply foid on the dotted lines so the address on the reverse side is
                          sure to seai the form with a small piece of tape or staple prior to mailing. IF
                         T" SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF




                        .'JfQrmation
             c.dy Add res;;;:                              2146 MINER AVE
       Parcel Number                                       24-205-642-0011-1 0
       Assessable Fronl<c1\)e:                             35         Feet

      Estimated Front F::Jot Cost:                         $32.00     per Foot

      ESTIMATED TOTAL COST                                $1,120.00
      Property Description
      CITY OF MUSKEGON REVISEfl PLAT OF 1903 BLK 642 S 70FT LOT 11




                                                    Your vote COUNTS!

       Please vote either in favor or opposed to the Special Assessment Street Paving Project.


             I AM IN    FAVO~       D                                        I AM OPPOSED   ~
   Owner      )c-c~ Yl.~•. (i c r oJ2=.                 Co Owner/Spouse------------
}fsignature   ~~!/b.~                                           Signature

   Address      d      1'--/:;:_:   (h   >v\..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<egon Ave. to Western Ave.


The City Commission proposes that the City and property owners by means of special assessments will
share the cost ofimprovcment. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depmiment 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, 21JIJ6AT 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
MICHIGAN 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
                                  (23 I) 724-6705 or TOO (231) 724-6773
                           ENGINEERING .FEASIBILITY STUDY

                                                For

                      FIFTH ST., MUSKEGON AVE. TO WESTERN AVE.

The reconstruction of Fifth St. between Muskegon Ave. & Western Ave., see attached exhibit for
location, was initiated by the City to enhance the link between the downtown area and the
adjacent neighborhood to the south of Muskegon Ave. in general and the conditions of the
pavement, drainage facilities and other underground utilities (water & sewer) made this section
of road a prime project. The existing pavement has deteriorated to a level where, we believe, a
total reconstruction is necessary. 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. Water & Sanitary Services replacement and upgrades where necessary.
3. Storm sewer replacement (drainage facilities)
4. Landscaping items/sidewalk modifications

A memo from the Assessor's office, which addresses the appraisal and benefit information, is
attached.

The preliminary cost estimate for the work associated with paving is $300,000 with the length of
the project being approximately 1000 lineal feet (project length) or I ,045 'of assessable footage.
This translates into an estimated improvement cost of $188 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
                                              February 13, 2006
Mohammed Al-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon,MI49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special assessment
district entailing the reconstruction of Denmark Street between Lakeshore Avenue
and Crozier Avenue. The purpose of this analysis is to document the reasonableness
of this special assessment district by identifying and quantifying any accrued benefits.
It is subject to the normal governmental restrictions of escheat, taxation, police power
and eminent domain. The effective date is Februmy 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
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,


~lA k~ ttfi-tVG
Heather M.   -;n~n, CMAE 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:

                FIFTH ST..MUSKEGON AVE. TO WESTERN AVE.
The proposed special assessment district will be located as follows:

          All parcels abutting Fifth St. from Muskegon Ave. to Western 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 $300,000.00 of which
approximately 11.15% ($33,440.00) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks 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 (1 0) years equal annual principal payments
       plus applicable interest as described below.

       Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
       to complete the project for which you are assessed and has pledged you assessments for repayment of
       the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
       must pay on the borrowed money plus 1.00%.

Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

   •   Be 65 years or older or be totally or permanently disabled.

   •   Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
       being assessed for five (5) years or more.

   •   Be a citizen of the U.S.

   •   Have a total household income not in excess of $16,823.00

   •   Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.

IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                          CITY OF MUSKEGON
                           FIFTH ST., MUSKEGON AVE. TO WESTERN AVE. H 1615
                         CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT

                                                · HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _~_ _ _ _ _ _ _ _ _ _ _ _ Birthdate:                                                  Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: ____________Raee:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: _ _ _ _List infonnation for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate_ _ _ _ _ _ ____}Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                    Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                    Social Security# _ _-_ _-_ _
Name                                                          Birthdate                         Social Security# _ _-_ _-_ _



ANNUAL Household Income:                                      $ _ __             Wage earner:
(Must include all household income)
                                                                                 Wage earner:

                                                                                 Wage earner:

                                                                                 Wage earner:

                                             Total:       $

                                                 ······. PlWPER.TYINF()RMATION

Proof Of Ownership:         ( ) Deed          ) Mortgage         ( ) Land Contract

Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:

Property Taxes: ( ) Current          ( ) Delinquent           Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)

                                                        OWNER'S.SJGNATURE
Owner's Signature:                                                                            Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information fumished in support of this application, is true and complete to the
best ofthe Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
                                                   FOR OFFICE USE ONLY
APPROVED (              DENIED ( )         DATE ______ CENSUS TRACT NO.

SIGNATURE ______________________ TITLE

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                      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 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:                            72           Feet

   Estimated Front Foot Cost:                       $32.00       per Foot

   ESTIMATED TOTAL COST                            $2,304.00
   Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 314 ALSO N 4FT OF ADJ ALLEY




                                           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                                            CoOwner/Spouse

Signature
             -------------------                         Signature
                                                                        ----------------------
Address                                                  Address

        Thank you for taking the time to vote on this important issue.           r.wef.FIS 'W.ll
                     SPECIAL ASSESSMENT                                        H 1604

    RECONSTRUCTION                 HEARING DATE        FEBRUARY 28, 2006

            FIFTH ST.,MUSKEGON AVE. TO WESTERN AVE.
1                   CITY OF MUSKEGON              ASSESSABLE FEET:                       72
24-205-314-0006-00  933 TERRACE ST                COST PER FOOT:                    $32.00
@ 505 W WESTERN AVE MUSKEGON       Ml 49443       ESTIMATED P.O. COST:     I     $2,3o4.oo     1




2                     CAUGHEY NATONIA G           ASSESSABLE FEET:                       27
24-205-314-0007-00    1868 SPENCER DR             COST PER FOOT:                  $32.00
@ 1060 5TH ST         MUSKEGON      Ml 49441      ESTIMATED P.o. cosT: l'---_$;_8_64_.o_o-'l




3                     ELLIS SHIRLEY               ASSESSABLE FEET:                       40
24-205-314-0007-10    640 LAKE FOREST LN APT 11   COST PER FOOT:                    $32.00
@ 1064 5TH ST         MUSKEGON      Ml 49441      ESTIMATED P.O. COST:     I     $1,28o.oo     1




4                     CITY OF MUSKEGON            ASSESSABLE FEET:                      36.5
24-205-314-0007-20    933 TERRACE ST              COST PER FOOT:                    $32.00
@ 470 W CLAY AVE      MUSKEGON       Ml 49443     ESTIMATED P.O. COST:     I     $1,168.oo     1




5                     BOOTH NEWSPAPER INC         ASSESSABLE FEET:                      140
24-205-325-0001-00    981 THIRD ST                COST PER FOOT:                    $32.00
@ 445 W CLAY AVE      MUSKEGON     Ml 49440       ESTIMATED P.O. COST:     I     $4,4so.oo     1




6                  LEBEDNICK PHILIP M             ASSESSABLE FEET:                       70
24-205-325-0007-00 424 W WEBSTER AVE              COST PER FOOT:                    $32.00
@ 424WWEBSTERAVE MUSKEGON         Ml 49441        ESTIMATED P.O. COST:     I     $2,24o.oo     1




7                     ROLEWICZ JONATHAN W/CARE ASSESSABLE FEET:                          66
24-205-336-0006-00  421 W WEBSTER AVE             COST PER FOOT:                    $32.00
@ 421 W WEBSTER AVE MUSKEGON      Ml 49440        ESTIMATED P.O. COST:     I     $2,112.oo     1




2/17/2006                                                                        Page 1 of 3
     RECONSTRUCTION                HEARING DATE       FEBRUARY 28, 2006

            FIFTH ST.,MUSKEGON AVE. TO WESTERN AVE.
8                     COTAL SULEYMAN              ASSESSABLE FEET:                  66
24-205-336-0007-00    390 W MUSKEGON AVE          COST PER FOOT:                $32.00
@ 390 W MUSKEGON A    MUSKEGON     Ml 49440       ESTIMATED P.O. COST:   I   $2,112.oo 1




9                   BABBITT E C/P R TRUST         ASSESSABLE FEET:                  70
24-205-315-0001-00  4473 CHERRYWOOD CT            COST PER FOOT:                $32.00
@ 521 W WESTERN AVE MUSKEGON        Ml 49441      ESTIMATED P.O. COST:   I   $2,24o.oo 1




10                    ACHENBACH FREDRICK JR       ASSESSABLE FEET:                  70
24-205-315-0012-00    1063 5TH ST                 COST PER FOOT:                $32.00
@ 1063 5TH ST         MUSKEGON     Ml 49441       ESTIMATED P.O. COST:   I   $2,24o.oo     1




11                    FIELDS BOBBIE ET AL         ASSESSABLE FEET:                  35
24-205-315-0012-10    486 W CLAY AVE              COST PER FOOT:                $32.00
@ 486 W CLAY AVE      MUSKEGON       Ml 49440     ESTIMATED P.O. COST:   I   $1,12o.0o 1




12                    SIERADZKI VICTOR J          ASSESSABLE FEET:              70.25
24-205-324-0001-00    487 W CLAY AVE              COST PER FOOT:                $32.00
@ 487 W CLAY AVE      MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,248.oo 1




13                 FRAME WILLIAM D                ASSESSABLE FEET:              70.25
24-205-324-0012-00 446 W. WEBSTER AVE.            COST PER FOOT:                $32.00
@ 446WWEBSTERAVE MUSKEGON        Ml 49440         ESTIMATED P.O. COST:   I   $2,248.oo 1




14                  VANLUE GARY P/DEBBIE L        ASSESSABLE FEET:                 71
24-205-337-0002-00  453 W WEBSTER AVE             COST PER FOOT:               $32.00
@ 453 W WEBSTER AVE MUSKEGON      Ml 49440        ESTIMATED P.O. COST:   I   $2.2n0o       1




2/17/2006                                                                    Page 2 of 3
     RECONSTRUCTION                     HEARING DATE        FEBRUARY 28, 2006

            FIFTH ST.,MUSKEGON AVE. TO WESTERN AVE.
15                         HANSON WENDY A               ASSESSABLE FEET:                     61
24-205-337-0001-00         1135 5TH ST                  COST PER FOOT:                 $32.00
@ 1135 5TH ST              MUSKEGON     Ml 49440        ESTIMATED P.O. COST:   I    $1 ,952.oo 1




16                         HAWKINS DIANE K              ASSESSABLE FEET:                     28
24-205-337-0012-00         1141 5TH ST                  COST PER FOOT:                 $32.00
@ 1141 5TH ST              MUSKEGON      Ml 49441       ESTIMATED P.O. COST:          $_8_96_.0_0_,1
                                                                               . _ I_ _




17                         FLUKER ADAJWALTER            ASSESSABLE FEET:                     52
24-205-337-0012-10         7736 PRARIE                  COST PER FOOT:                  $32.00
@ 408 W MUSKEGON A         DETROIT       Ml 48210-000   ESTIMATED P.O. COST:   I    $1 ,664.oo 1




SUM OF ASSESSABLE FOOTAGE:           1045.00    SUM OF ESTIMATED P.O. COST:        $33,44o.oo     I
TOTAL NUMBER OF ASSESSABLE PARCELS      17.00




2/17/2006                                                                           Page 3 of 3
                                      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 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:                               1060 5TH ST
    Parcel Number                                   24-205-314-0007-00
    Assessable Frontage:                            27          Feet

    Estimated Front Foot Cost:                      $32.00      per Foot

    ESTIMATED TOTAL COST                           $864.00
    Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 N 27FT LOT 7 BLK 314




                                           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           JXl
Owner                                            CoOwner/Spouse

Signature                                                Signature
                                                                       -------------------
Address                                                  Address

        Thank you for taking the time to vote on this important issue.      r-"R"t:=-c""·-;;:E;J71V:-=E""D,--""':2
                                                                                    !I     · ._::   2[106
                                                                              :~~'!L.~l~~Pffle&
                                                                            L•.
                                      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
   ;eturn this card by mail, simpiy 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:                                521 W WESTERN AVE
    Parcel Number                                    24-205-315-0001-00
    Assessable Frontage:                             70            Feet

   Estimated Front Foot Cost:                        $32.00        per Foot
                                                                                    RECEIVED
   ESTIMATED TOTAL COST                             $2,240.00
   Property Description
                                                                                    HTl ;' :1 2006
   CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 & NELY 1/2 LOT 2 BLK 315           City CleFk~;~  Office
                                                                                             ·=,~..::.=....J




                                            Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

          I AM IN FAVOR      ~                                             I AM OPPOSED     D
Owner          f!+M.     /3A tSrfJ/71             CoOwner/Spouse

Signature     4rrt.. &Jk#                                 Signature
                                                                          ----------------------
Address       Lf'f'?3     CE~a..u-tn:n:(         61-      Address
                                                          'f9Vf..((_                                      9
        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:            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 Offir;e To
    return this ::ard by mail, sin1piy fuiti 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:                               1063 5TH ST
    Parcel Number                                   24-205-315-0012-00
    Assessable Frontage:                            70           Feet

    Estimated Front Foot Cost:                      $32.00       per Foot

    ESTIMATED TOTAL COST                            $2,240.00
    Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 NW 1/2 LOT 12 BLK 315




                                              Your vote COUNTS!

    Please vote either in favor or opposed to the Sper:ial Assessment Street Paving Project.

          I AM IN FAVOR     D                                           I AM OPPOSED


Owner         ?~ llc.lr/IJ;~ CoOwner/Spouse - - - - - - - - - - -
Signature    6ec\ /=1c... ht!lbc c.f\                    Signature
Address     (()63 f!Ffh .S              t·,              Address

        Thank you for taking the time to vote on this important issue.        Ac><rN''''"·''""' ,,,, ··' ,   10
                                                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 r~;~sponse 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 ..
     .• i"'t\.lii\~his (;ard by mail, simpiy foid 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 .·
        ~~gJ~~~OT SEND IN THIS FORMYOUR VOTE COUNTS AS "IN FAVOR" OF

       Assessm nt Information
          Properly k-ddress:                            1141 5TH ST
          Parcel Nurbber .                              24-205-337-0012-00              RECENED
     ·•·· Assessable'frontage:                          28           Feet
      .                    '\                                                    , .. '.· F£B 2 71006
       Estimated Frdnt Foot Cost: ·                    · $32.00      per Foot
                                                                                       City Clerks Office
       ESTIMATED TOTAL COST                            $896.00
       Property Description
      CITY OF MUSKEGON REVISED PLAT OF 1903 N 28FT OF N 1/2 LOT 12 BLK 337




                                                  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         00
 _wner . ;
Signature\J\1~~~
0.                1>-•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              <WIS   to npprove
>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 <Jf potcmbl benc!its prior to crediting the specified
mnomu or credited service).
        3. All tenns and conditions contained in the MERS Estimated Actuarial Cost of
Additional Credited Service limn (two pages) under which any purchase of such service occurs
under this Resolution shall fully apply to the approval and purchase of service, including the
l\lllowing Retirement Bonrd assumption stnted on page 2:

              l. Member will retire at the earliest date fill" unreduced lx·ncllts, [f
              member will tcnninnte employment bclhrc eligibility for
              unreduced benefits and MERS was not notillcd at time of
              calculation, the employer understands that they may be incurring
              an additional liability.

       BE IT I<URTHER UESOLVrm and directed that a certified copy of this Resolution be
scm to MERS,
                                     CERTIFICATION


This resolution was adopted at a regular 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:   - - '~
                                                     - - - --_Q_.L
                                                                 _ ~--tt--~--
                                                  Gail A. Kundinger, MMC
                                                  City Clerk
Date: February 28, 2006
To:    Honorable Mayor and City Commissioners

From: Finance Director
RE:    Defined Contribution Retirement Plan for New Hires (Clerical)



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 attached 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

COMMITIEE RECOMMENDATION: None




                                                                                    1
                                RESOLUTION ,       ___       (c)
                                                     2006-21_:_:._

            RESOLUTION TO ADOPT MERS DEFINED CONTRIBUTION PLAN
                       FOR UNION CLERICAL EMPLOYEES


WHEREAS, it has been discussed and negotiated with the Public Employees of Southwestern
Michignn Clerical and Technical Unit ("Union") that a defined contribution money purchase
plan should be adopted for the union members in lieu of continuing the Defined Benefit Plan for
new hires effective January 1, 2006; and,

WHEREAS, if has fwthcr been discussed and negotiated that current union members will be
given a one time, irrevocable oppot1unity to convert the greater of their employee contributions,
and the present value of their accrued benefit, disregarding vesting, in the City's Defined Bene tit
Plan, and transfer the corresponding lump sum dollar present vahw to the defined contribution
plan to the credit of the transferring member by January 1, 2006, and

WHEREAS, the City desires to adopt the defined contribution money purchase plan through
MERS (with ICMA being the current Third Party Administrator administering the plan);

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it in the best interest
ofthe City and the Union to adopt a defined contribution money purchase retirement plan
("Plan") in the fonn of the MERS and !CMA documents, effective January I, 2006. The Plan
shall be maintained for the exclusive benefit of eligible en1ployees and their beneficiaries, those
eligible employees being members of the Union.

Relevant provisions related to the plan are as follows:

       All Union employees hired on and after January 1, 2006 are mandatory participants in the
       Plan.

       The City will contribute 3% of the eligible pat1icipant's Medicare taxable W-2
       compensation each year.

       In addition, when a participant first becomes eligible to participant in the plan, the
       employee must elect whether or not to contribute 3% of his or her Medicare taxable W-2
       compensation. If the employee elects to contribute 3% of his or her compensation, the
       Ci!y will match that3% contribution, dollar for dollar.

       Employees will become vested in the City's 3% or 6% annual Plan contributions under a
       five-year graded vesting schedule with credit given for nil years of service since hire with
       the City, i.e.,

              Full )Sars of Scryic<,< :'{SstJng Percent~
              < 1 year                         0%
              I year                           20%
              2 years                          40%
              3 years                          60%
                      4 ye<irs                                    80%
                      5 years                                     100%

Additional relevant provisions related to the plan and transfers t.o the plan are as fo llows:

           Existing Union employees ntay make a ouc time, irrevocable, election to transfer the
           greater of the employee's contl"ibutions to the City ofMuskegon's Defined Benefit Plan,
           and the lump sum dollar present value, d·isregarding vesting, of the individual's accrued
           bcnef1t in the City of Muskegon's Defined Beneflt Plan (accrued benefit dis.rcgarding
           vesting) payable at their normal retirement date as a life annuity, to the Pl at\ prior to May
           31, 2006. Jffhc dc.fincd bcnctlt plan participant is eligible to receive fin immediate
           bcnct'it, the transfer will be based ·upon the present value of the individual's accrued
           bonc1it payable immediately as a life annuity.

           Defined benefit plan participants shall have until April 30, 2006 to elect, in writing, to
           transfer. Failure to elect to transfer to the Phm constitutes a refusal to transfer. Upon lln
           election to transfer to the Plan, that employee's participation in the defined bene'fit plan
           tem1inates efTectivc May 31 , 2006. Assets shall be transferred as soon as possible with
           values. specified above. as of May 31, 2006. Contributions will commence in the Plan
           with the pay period commencing ivfay 21, 2006 with lhc first contribution occmTing in
           June, 2006. The Finance Director will work with M.ERS to dcve1op any additional,
           detHiled procedures and demlline dates for the tnmster to the Plan.

BE IT FURTHER RESOLVED that the Mayor ~md Clerk are authorized to execute the MERS
Revised Unifonn Defined Contribution Program Resolution and the :tv1ERS Uniform Defined
Contribution Progran1 Adoption Agreement. copies of which are attached to this resolution along
with the approved Decluration of Trust.

BE IT FURTHER RESOLVED that the Ci.ty has investment direction u11dcr the Plan only for
unvested employer contributions; each individual pmt icipant personally directs the investment
for bis/her account balance, including all employer contributions, which vest in the participant
under the employer vesting schedule

Adopted this-~ day of February                               , 2006.

           Ayes: Shepherd , Spataro, Warmington, Wierenga, Carter, Davi s, Gawron

           Nays; None

          Absent: None




C:\Oowmenls ond Settlng~IJsk\Loelll Sottlng$\iempor:lfy lntcm~t Fii~$10tK3ASIC04!764 (2).00C
                                                CERTIFICATION
                            (Adoption ol defined contribution plan lbr union firefighters)


  I hereby certii)' 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.


                                                                              ~Q.~~g;,
                                                                               Gail A. Kundinger, MMC
                                                                               Clerk, City of' Muskegon




· C:\DOOJO)(JO!s llnd Soit!n~IJSk\L~I Soltings\Templli'~ry Internet Flles\OLK3AEIC021M (2).DOC
          MERS RIWISIW UNIFORM DEFINED CONTIHBUTION
                     PROGRAM RESOLUTION

        WHEREAS, the MERS Plan Document of 1996, efTectivc October I, 1996, authorized 11
defined contribution option (Section l9A, Benefit Progmm DC) as a new benefit program that a
participating municipality or court may adopt for MERS members to be administered under the
discretion of the Municipal Employees' Retirement Board as trustee and fiduciary. directly by (or
through a combination of) MERS or MERS' duly-appointed third-party administrator.

        WJ:U:REAS, as a new provision, Section 19A, along with the remainder of the Plan, received
from the Jntemal Revenue Service a Letter of Favorable Detem1ination (dated July 8, 1997) that the
Plan is a qualified Plan tmder Section 401 of the Internal Revenue Code, and an exempt trust under
Section 501.
       WHER•:AS, on May 5, 1997, the Municipal Employees' Retirement Board entered into an
Alliance Agreement with ICMA-RC (the International City Management Association Retirement
Corporation) as third-party administrator for the defined contribution plans under Plan Document
Section 19A.
        WHEREAS, on November 14, 2001, following MERS' due diligence search nnd review, the
Retirement Board and JCMA-RC entered into the Amended and Restated Alliance Agreement (the
"2001 Alliance Agreement") (Attachment 1) for third-party administrator services. Participating
employees of MERS' municipalities and courts adopting Benefit Program DC receive enhanced
services and favorable decrea~ed participant fees under the 200 I Agreement. Additionally, such
services and fees shall also be available where the participating municipality or court adopting Bcnetit
Program DC has in effect (or subsequently establishes) an IRC section 457 deferred compensation plan
or section 401(k) plan. Approval of this Revised Uniform Resolution by each MERS participating
municipality and court which adopts or has adopted MERS Benefit Program DC is necessary and
required in order thllt the benefits available under the 2001 Alliance Agreement may be extended to
covered participants.

        WHEREAS, this Revised Unifonn Resolution has been approved by the Board under the
authority of 1996 PA 220, Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Retirement Board
"shall determine ... and establish" all provisions of the retirement system. Under this authority, tl1c
Board authorized Section 19A, the Defined Contribution Benefit Program, which shall not be
implemented unless in strict compliance with the tcnns and conditions of this Revised Resolution.

          • It is expressly agreed and understood as an integral and nonscvcrablc pa1t of this Revised
            Resolution that Section 438 of the Plan Document shall not apply to this Revised Unifoml
              Resolution and its administration or interpretation.
          • In the event any alteration of the tcnns or conditions stated in this Revised Unifonn
            Resolution is made or occurs, under Section 43B or other plan provision or other law, it is
            expressly recognized that MERS and the Retirement Board, as sole tn1stcc and fiduciary of
            the MERS Plan and its trust reserves, and whose authority is nondelegable, shall have no
            obligation or duty: to administer (or to have administered) the Defined Contribution Benefit

MERS DC Adoption R.($fliuti~n t 1/14/01        Page l of6 pages
            Program; to authorize the transfer of any defined benefit assets to the Defined Contribution
            Benefit Program; or to continue administration by the third-party administrator or by MERS
            directly.

        WHERI<;As, concurrent with this Revised Resolution, and a~ a continuing obligation, this
governing body has completed and approved, and submitted to MERS documents necessary for
adoption and implementation of the MERS Benefit Program DC. This obligation applies to any
documents deemed necessary to the operation of the defined contdbuti<m program by MERS' third-
party administrator.

     NOW, THEREFORE, BE IT RESOINt:D that the governing body adopts (or readopts)
MERS Benefit Program Deflned Contribution as provided below.


                                           I. NEW EMPLOYEES

         Effective ;JantBr_y_L_        ~--•          20J&...., (to be km>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<m plan previously or
                 subsequently established by the Employer, if tl1e assets are to be invested in the third-party
                 administrator's retirement trust.
           (D) F:inn:q [)jre;tr•·             (u•< titl< of offidnl, not nan:cl shall be the Employer\ MERS
               Benefit Program Defined Contribution Plan coordinator; shall receive necessary reports,
               notices, etc., from the third-party administrator or its retirement tntst; shall cast, on behalf
               of the Employer, any required votes under the retirement trust; may delegate any
               administrative duties relating to the <lcl1ncd contribution plan to appropriate departments,
           (E) The Municipal Employees' Retirement Board retains fi11l and unrestricted authority over
                 the administration of MERS Benefit Program DeJlned Contribution, including but not
                 limited to the appointment and tem1ination of t11e third-party administrator, or MERS' self-
                 administration of the defined contribution program in whole or in part.

IV, EFFECTIVENESS OF THIS REVISED RESOLUTION
           BE IT FINALLY RESOLVED: This Resolution shall have no legal effect under the MERS
Plan Document until a certified copy of this adopting Resolution shall be filed with 1\IERS, and MERS
detem1ines that all necessary requirements under Plan Document Section 19A, the 200 I Alliance
Agreement, the Adoption Agreement, and this Resolution have been met. All dates for implementation
of Benefit Program DC under Section 19A shall be determined by MERS from the date of filing with
MERS of this Revised Resolution in proper form and content. Upon MERS determination that all
necessary documents have been submitted to li-fERS, MERS shall record its formal approval upon this
Resolution, and retum a copy to the Employer's defined contribution plan coordinator identified in
Section Ill (D) above.
        In the event an amendatory Resolution or other action by the municipality is required, such
Resolution or action shall be deemed effective as of the date of the initial Resolution or action where
concurred in by this governing body and MERS (and the third-party a<.lministrator if necessary),
Section 54 of the Plan Document shall apply to this Resolution and all acts performed under its
authority. The tem1s and conditions of this Revised Resolution supersede and stand in place of any
prior resolution, and its terms are controlling.
           I hereby certify that the above is a tme copy of a Rc i> t                 ~ ~       ted at the official mec ·   <I
on _ __:F--e:..;b.:..:r::...u;;_a;;_r::_y._,__?_s
                                                __., 20_£§._.

             Please send l\IERS fully executed copy of: this     ·          lion; Pnrt II (Adminlstratin                J
             Services Agreement) of the 2001 Aitlance Agreement; Adoption Agreement "lib Ocdoration of
             Tru•t and certified minutes stalin governin bod • a rovol, and/or union contract language,__,


        Received and Apprond by the Municipal Employees' Retirement System of Michigan
Dated:
               ---------------' 2006                                               (Authorized MERS signatory)
All,




MERS DC Ad<lp!ion Resolution~ 1/t.;iOl                          Page 6 of6 pages
               MERS UNIFORM DEFINED CONTRIBUTION PROGRAM
                          ADOPTION AGREEMENT


 The Employer, a participating mwlicipality or participating court within the State of Michigan
 that has adopted MERS coverage, hereby establishes a Section 19A, Benefit Program DC to
 be known as Lhi<n Clerical r:x: Fetittm"l1t Pl·:m


(the "MERS Plan'') in the form of the ICMA Retirement Corporation Governmental Money
Purchase Plan and Trust and attached Declaration of Trust of VantageTrust, as amended and
as authorized by Section 19A of the Municipal Employees' Retirement System of Michigan
Plan Document.

 I.        EMPLOYER: __c~i~cy~o~f~·t~1~=-=-~'oo~--~--77~-----·
                                                     (Name of municipality or court)
II.       The Effective Date of the Benefit Program DC shall be the first day of the Plan Year
          during which the Employer adopts the Plan, unless an alternate Effective Date is
          hereby specified: -=J"':::.·•:.::":::"YL.:::l"-'.::2fi:::-YS::::.·~------
III.                                          ss___ (not to exceed age 65).
          Normal Retirement Age shall be age __

IV.       BLIGIBILJTY REQUIREMENTS

           I.       The following group or groups of Employees are eligible to participate in the
                    Program:

                   ~!s!li::a;s of   Rblic Eln:>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<<triurl.)


ldllRS BMent Pll>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<ioo A _ .                                                   3
2127/04
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this
   28    day of        February              , 20 ()) .



Employer:

By:

Title:

Attest:




                                                                              4
..


                                              Appendix A

                                  DECLARATION OF TRUST

             This Declaration of Trust (the "Group Trust Agreement") is made as of the 19111 day of
     May 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the
     trust hereby created.

              WHEREAS, the ICMA Retirement Trust was created as a vehicle for the
     collllllingling of the assets of governmental plans and governmental units described in Section
     818(aX6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of
     Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and
     incorporated by reference as set out below (the "JCMA Declaration"); and

             WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the
     requirementa of Revenue Ruling 81-100, 1981-1 C.B. 326, and is established as a common
     trust fund within the meaning of Section 391: I of Title 35 of the New Hampshire Revised
     Statutes Annotated, to accept and hold for investment purpose.~ the assets of the Deferred
     Compensation and Qualified Plans held by and through the ICMA Retirement Trust.

             NOW, THEREFORE, the Group Trust is created by the execution of this Decimation
     of Trust by the Trustee and is established with respect to each Deferred Compensation and
     Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement
     Trust, by the Trustees thereof, in accord with the following provisions:

     I.     Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as
            otherwise provided in this Group Trust Agreement, and to the extent not inconsistent
            herewith, all provisions of the ICMA Declaration are incorporated herein by reference
            and made a part hereof, to be read by substituting the Group Trust for the Retirement
            Trust and the Trustee for the Board of Trustees referenced therein. In this respect,
            unless the context clearly indicates otherwise, all capitalized terms used herein and
            defined in the ICMA Declaration have the meanings assigned to them in the ICMA
            Declaration. In addition, the By-Laws of the JCMA Retirement Trust, as the same
            may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to
            the extent not inconsistent with the tenns of this Group Trust Agreement.

            Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws nre
            further modified with respect to the Group Trust created hereunder, as follows:

            (a) any reporting, distribution, or other obligation of the Group Trust vis-a-vis any
                Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer
                Trustee, or Employer Trust shall be deemed satisfied to the extent that such



                                                                                             5
               obligation is undertaken by the ICMA Retirement Trust (in which case the
               obligation of the Group Trust shall run to the ICMA Retirement Trust); and

         (b) all provisions dealing with the number, qualification, election, term and
             nomination of Trustees shall not apply, and all other provisions relating to trustees
             (including, but not limited to, resignation and removal) shall be interpreted in a
             manner consistent with the appointment of a single corporate trustee.

2.       Compliance with Revenue Procedure 81·100. The requirements of Revenue
         Procedure 81·1 00 are applicable to the Group Trust as follows:

         (a)      Pursuant to the terms of this Group Trust Agreement and Article X of the By·
                  Laws, investment in the Group Trust is limited to assets of Deferred
                  Compensation and Qualified Plans, investing through the ICMA Retirement
                  Trust.

         (b)      Pursuant to the By-Laws, the Group Trust is adopted as a part of each
                  Qualified Plan that invests herein through the ICMA Retirement Trust.

         (c)      In accord with the By·Laws, that part of the Group Trust's corpus or income
                  which equitably belongs to any Deferred Compensation and Qualified Plan
                  may not be used for or diverted to any purposes other than for the exclusive
                  benefit of the Plan's employees or their beneficiaries who are entitled to
                  benefits under such Plan.

         (d)      In accord with the By·Laws, no Deferred Compensation Plan or Qualified Plan
                  may assign any or part of its equity or interest in the GToup Trust, and any
                  purported assignment of such equity or interest shall be void.

3.      Governing Law. Except as otherwise required by federal, state or local law, this
        Declaration of Trust (including the ICMA Declaration to the extent incorporated
        herein) and the Group Trust created hereunder shall be construed and determined in
        accordance with applicable laws of the State of New Hampshire.

4.      Judicial Proeeedings. The Trustee may at any time initiate an action or proceeding in
        the appropriate state or federal courts within or outside the state of New Hampshire for
        the settlement of its accounts or for the determination of any question of construction
        which may arise or for instructions.




MEkS Benont Proanm DC MoPilon Aat«m•""                                                     6
2117104
                                  ······ · · · · - - - - -




 IN WITNESS WHEREOF, the Trustee has executed this Declaration ofTrust as of the day
 and year first above written,

 VANTAGETRUST COMPANY




By:
Name:           Paul F. Gallagher
Title:          Assistant Secretary




Ml!RS o...r. ProJPIOI DC AdoJ><ion A£mmtnt                                    7
V27~
                                    City of Muskegon
                               Muskegon County, Michigan
                             Ordinance Amendment No. 21 8 6


THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 62-34 of the Code of Ordinances of the City of Muskegon concerning the General
Employee Retirement System is amended to state as follows:
    (a)    A person who is in the employ of the city in a membership position shall be a
           member of the retirement system. A membership position is a city position
           normally requiring 1,500 or more hours of work in a calendar year, except as
           provided in subsection (b) of this section.
    (b)    The following types of city employment are not membership positions:
           ( 1)   Contractual employment;
           (2)    Employment compensated on a fee basis;
           (3)    Employment as an elected official; and
           (4)    Employment as a policeman or fireman as defined by the city police-fire
                  retirement system established and maintained in accordance with
                  Chapter XIX of the Charter of the city.
    (c)    A member who ceases to be employed by the city in a membership position shall
           thereupon cease to be a member.
    (d)    The membership of the retirement system shall not include city non-union
           employees who became employed by the City after July 1, 2005, and city non-
           union employees who elect to transfer their interest in the City's defined benefit
           plan to the City's defined contribution retirement system effective January 1,
           2006.
    (e)    The membership of the retirement system shall not include city non-union
           employees who became employed by the City before July 1, 2005, and who
           participate in the Municipal Employee's Retirement System Defined Benefit Plan.
    (f)    The membership of the retirement system shall not include city employees who
           are members of the Public Employees of Southwestern Michigan Clerical and
           Technical Unit ("Clerical Union") and become employed by the City after January
           1, 2006, and Clerical Union members who elect to transfer their interest in the
           City's defined benefit plan to the City's defined contribution retirement system
           effective May 31, 2006.
    (g)    The board of trustees shall decide all questions concerning the membership
           status of any person.

    (h)    The city manager may elect to be excluded from membership in the retirement
           system. The election shall be made in writing in the form prescribed by the
           retirement system within 90 days after the date the individual becomes city
           manager. As used in this subsection, "city manager" means the individual who is
           appointed by, serves at the pleasure of and is designated by the city commission
           to be the city manager. The following conditions shall apply to a city manager
           regarding membership in the retirement system:
               ( 1)    If the city manager fails to elect to be excluded from membership in the
                       retirement system within 90 days after becoming the city manager, the
                       city manager shall remain a member of the retirement system.
               (2)     Upon becoming a member in the retirement system, the city manager
                       shall not have the option to elect to be excluded from the retirement
                       system unless the election is made within the 90-day period.
             (3)       If the city manager elects to be excluded from membership in the
                       retirement system, the city manager may not revoke that election nor
                       become a member of the retirement system on account of employment by
                       the city.
             (4)      If an individual employed by the city and a member of the retirement
                      system is appointed city manager, the individual shall remain a member
                      of the retirement system unless the individual elects in writing within 90
                      days after the date appointed as city manager to be excluded from
                      membership in the retirement system. If such individual was previously a
                      member in the retirement system and elects to be excluded from
                      membership, the following conditions shall apply:
                      a.     The individual shall be paid the individual's accumulated
                             contributions, and all credited service shall be forfeited unless he
                             elects to be deferred under subsection (h)(4)d. of this section.
                      b.     The individual may not again become a member of the retirement
                             system on account of employment by the city.
                      c.     The individual's forfeited credited service and any service
                             rendered the city while the individual was excluded from
                             membership shall never be reinstated or credited to the individual. ·
                      d.     Instead of proceeding under subsections (h)(4)a., b. and c. of this
                             section, a previously employed individual who has enough years
                             of credited service to be vested in the plan at the time of such
                             election within 90 days after appointment as city manager may
                             elect to terminate participation in the plan and remain vested
                             therein as in the case of a deferred retiree and receive benefits
                             accordingly which are limited by the years of credited service at
                             the lime of the election. In such case, no withdrawal of employee
                             contributions shall be allowed.

This ordinance adopted:


       Ayes:      Shepherd, Spataro, Warmington, Wierenga, Carter, Davis, Gawron
       Nays:      None


Adoption Date:        February 28, 2006
Effective Date:       March 17, 2006
First Reading:        February 28, 2006
Second Reading: _:N::../.:.:A:___ _ _ _ _ _ __
                                                    CITY OF MUSKEGON


                                                    By LO.~~
                                                        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 ofMuskegon, at a regular meeting of the
City Commission on the 28       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 futiher 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: February 28 , 2006




Publish:     Notice of Adoption to be published once within ten (10) days of final adoption.
                                                      CITY OF MUSKEGON
                                                     NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


       Please take notice that on                    kbl'fdO-jik
                                               olrf', 2006, the City Commission of the City
of Muskegon adopted an amendm~nt to Sect162-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:


         (e) The membership of the retirement system shall not include city employees who
are members of the Public Employees of Southwestern Michigan Clerical and Technical Unit
("Clerical Union'') and become employed by the City after January 1, 2006, and Clerical Union
members who elect to transfer their interest in the City's defined benefit plan to the City's
defined contribution retirement system effective May 31, 2006.


        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

            This ordinance amendment is effective ten (10) days from the date of this publication.


                                                                   CITY OF MUSKEGON


Published:          /!lore b 7, 2006                               By~~~~--~~~~~­
                                                                     Gail A. Kundinger, MMC, Its Clerk



PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE




G:\EDSI\FILES\00 I 00\0 18225\0 RD IN\C03 964 .DOC
                            CITY COMMISSION MEETING




TO:            Honorable Mayor and City Commissioners

FROM:          Anthony L. Kleibecker
               Director of Public Safety

DATE:          February 28,2006

SUBJECT:       Memorandum of Understanding-Justice Assistance Grant


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 the three 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 RECOMMENDATIONS:

Approval of this request.
                                                            OFFICE OF THE
                                        MUSKEGON COUNTY PROSECUTOR


 HALL OF JUSTICE, fiFTH fLOOR
 990 TERRACE STREET                                                                                      CRIMINAL DiVISION (23I) 724-6435
 MuSKEGON, MICHIGAN 49442                                                                                ViCTIM SERVICES   (23I) 724-6676
                                                        TONY TAGUE                                       CHILD SuPPORT     (23I) 724-6030



 BRETT    H. GARDNER
 Chief Assistant                TO:             Chief Tony Kleibecker
LESLIE C. BowEN
                                                City of Muskegon

                                                                     uJ/A~
ChlefTrial Attorney
                                FROM:           Wendi Archer                         .1 .//    /) ·        /J   •
ASSISTANTS
JOSEPH J. BADER
                                                Office Manager         /        v   -v----     ~
RAYMOND J. KosTRZEWA
TIMOTHY M. MAAT
                                DATE:           February 14, 2006
CHARLES      F. JUSTIAN
DALE J. HiLSON
JAMES   L.   CoRsEn             RE:             Justice Assistance Grant
PAULA A. BAKER
THOMASJ. BYRNE
                                                Memorandum of Understanding
ROBERT F. HEDGES
MAT'J'JIEWJ. RoBERTS
MARC E. CURTIS
MELISSA R. PoAG                 Attached is the Memorandum of Understanding outlining the agreement
GERARD    E.   FABER            reached between Muskegon County, City of Muskegon and City of
OFFICE MANAGER
                                Muskegon Heights concerning Justice Assistance Grant funds in the
WEND!   S.   ARCHER             amount of $50,538. Please affix your signature and forward to City
                                Manager Bryon Mazade for his signature at your earliest convenience.
VICTIM SERVICES
AMY ANDERSON
                                Please return the form to me so that I can forward it to Muskegon
LiNDA CAMPBELL                  Heights to obtain the necessary signatures.
T. MICHAEL     BURREL
MARY PATTON
                                Please contact me if you have any questions or need any additional
INVESTIGATOR                    information. Thank you for your assistance with this matter.
MICHAEL FERRIER




                                                                                                          RECEIVED
                                                                                                                FEB 1 $2006
                                                                                                        MUSKEGOt~ POLICE DEPT.
                                                                                                            GHIEF of POLICE .




   CRIMINAL DiVISION FACSIMILE (23I) 724-6685   • ViCTIM SERVICES FACSIMILE (23I) 724-4470 •   CHILD St'PPORT FACSIMH.E (23I) 724-1399
GMS Application Number:          2006-F1354-MI-DJ

        2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
                     INTERLOCAL AGREEMENT BETWEEN
                             CITY OF MUSKEGON
                                    AND
                        CITY OF MUSKEGON HEIGHTS
                                    AND
                           COUNTY OF MUSKEGON

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program, through the Office of
Justice Programs, has awarded Muskegon County, City of Muskegon and City of Muskegon
Heights a joint award in the amount of $50,538 to be utilized for law enforcement and justice
initiatives targeting specific geographic areas within the City of Muskegon and the City of
Muskegon Heights, Muskegon County, Michigan.

The Muskegon County Prosecutor's Office will submit an on-line application for the total joint
award for continuation of the community prosecution program entitled Project Cornerstone II. The
Muskegon County Prosecutor's Office will act as fiduciary for the coalition.

Interest/Intent Regarding JAG award:

1/we, the undersigned, hereby agree to direct our JAG allocation and be part of a coalition and
request that these funds be awarded and expended for our benefit by the fiscal agent listed
below:

                           Muskegon County Prosecutor's Office

This Agreement is made and entered into this    I
                                               sf- day of       rn
                                                                CL:VcdJ '2006, by and
between the County of Muskegon, City of Muskegon, City of Muskegon Heights, and Muskegon
County, Michigan.

For the City of Muskegon:

  I        l~
Ton~becker, Chief of Police
For the City of Muskegon Heights:


                                                         Melvin Burns, Ill, City Manager
 DATE:               February 20, 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#: EN050120


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
589 Mclaughlin (Carport)- 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-050120- 589 Mclaughlin (Carport)

Location and ownership: This structure is located on McLaughlin between
Chestnut and Kenneth and is owned by Steven Smith, 589 McLaughlin,
Muskegon, Ml .

Staff Correspondence: A dangerous building inspection was conducted on
11/10/05. The Notice and Order to Repair was issued on 11/22/05. On 01/05/06
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present to represent structure at the HBA meeting
held 01/05/06. There have been no permits issued, no inspections and no owner
contact.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $18,200

Estimated cost to repair:               $3,000 (Carport Only)

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, February 28, 2006.




C:\Documents and Settings\Potter\Local SettingsU'cmporary Internet Files\OLKIA\AGENDA- 589 McLaughlin (Carport).docpage 1 of 1
                             CITY OF MUSKEGON
                       DANGEROUS BUILDING INSPECTION
                                  REPORT
                                        Friday, November 18, 2005

Enforcement# EN050120           Property Address 589 MCLAUGHLIN AVE
Parcel #24-205-092-0001-00               Owner SMITH STEVEN

Inspector: Henry Faltinowski

Date completed: 11 /1 0/2005

DEFICENCIES: Carport (Only}

 Uncorrected
1. Roof system on carport has severe structural damage- rotted
sheathing, missing roof covering open rafter- fascia areas repair/replace to
code.



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
 i
 'I
 j

"i
 DATE:               January 17, 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-050111


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 1532 Terrace 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-050111 - 1532 Terrace

Location and ownership: This structure is located on Terrace between E. Southern and
E. Grand and is owned by Brent/Darlene Foltynewicz, 897 Cheboygan, Muskegon, Ml
49445

Staff Correspondence: A dangerous building inspection was conducted on 09/02/05. A
interior inspection was conducted on 09/13/05. The Notice and Order to Repair was
issued on 09/21/05. On 11/03/05 the HBA declared the structure substandard and
dangerous.

Owner Contact: The owner was present at the HBA meeting dated 11/03/05 and stated
that the reason he had not worked on the house was due to divorce proceedings and
property settlement was in question and financial problems. He said he was now
planning to repair and complete by December 31, 2005. The HBA declared the
structure dangerous, substandard and a public nuisance with a delay sending to City
Commission if progress was made. The owner was issued a building permit 11/04/05
but no inspections have been scheduled and no owner contact since that time.


Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  23,700

Estimated cost to repair:               $25,000

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 SettingsU'emporary Internet Filcs\OLKlA\AGENDA -1532 Terrace.doc   page 1 of 1
                            CITY OF MUSKEGON
                   DANGEROUS BUILDING INSPECTION REPORT
                                   Wednesday, September 21, 2005

Enforcement# EN050111          Property Address 1532 TERRACE ST
Parcel #24-205-282-0003-00     Owner FOLTYNEWICZ BRENTS/DARLENE S

Inspector: Henry Faltinowski

Date completed: 09/02/2005

DEFICENCIES:

 Uncorrected - Exterior Inspection
1. Missing Foundation wall sections; deteriorated rim joist.
2. Missing siding; exposed siding in need of mantinence.
3. Repair all damaged soffitt and fascia.
4. Replace windows or repair frames, scrape and paint.
5. Replace back concrete landing collapsing.
6. Repair-replace all damaged roof covering

 Uncorrected -Interior Inspection- 09/13/05
1. Draft stop holes in basement.
2. Apt #1 - Separate Floor, Ceiling - repair all drywall damage.
3. Repair all floor damage caused by water leaking in apartments.
4. All handrails guardrail must meet code.
5. House to be rewired to meet 2003 MRC.
6. Smoke alarms to be installed to meet 2003 MRC.
7. Electric service to be replaced to meet 2003 MRC.
8. At Gas Meters, the gas piping has been disturbed. - Need to have vac breaker
type spigots.
9. Plumbing to meet 2003 Mich Code.
10. Plug lines in basement.
11. Water leak on City water valve to meter- Plumbing to be supported.
12. Will need furnace and hot water heater.
13. First floor will need shower valve & showerhead, vent fan - All Mech to
conform to 2003 Mich Mech Code.
14. Second Floor- Bathroom must have scold free faucet on bathtub.
There is not a spigot & is leaking combustible to be moved from furnace room.
Toilet leaking upstairs.
Provide heating & working plumbing for upstairs.
Vent fan in 2nd floor bathroom.
Plumb & house water distribution to Mich 2003 Plumb Code.
Inspect & certify chimney & appliance vents.



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
DATE:               February 21, 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-03-28


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
1581 Terrace 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-03-28- 1581 Terrace

Location and ownership: This structure is located on Terrace between E. Forest
and E. Grand Ave and is owned by Judy Perski, 6531 W. Beech, Ludington, Ml
49431

Staff Correspondence: A dangerous building inspection was conducted on
05/08/03 and an interior inspection on 05/22/03. The Notice and Order to Repair
was issued on 05/29/03. On August 7, 2003 the HBA declared the structure to be
dangerous, substandard and a public nuisance.

Owner Contact: Bankruptcy filed, property in foreclosure, copies of notices were
forwarded to mortgage company in 02/04. Ms Perski acquired property in
12/12/04. The case was scheduled for the City Commission in April2005 but
was pulled from agenda when new owner came in to meet with Inspections and
stated plans to complete repairs. A letter was sent 10/12/05 requesting
inspections to be scheduled because it appeared work was being done with no
permits. Realtor called 11/09/05 asking about status and lien on property
because of pending sale. No permits have been issued, no inspections
scheduled and no owner contact since that time.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $18,900

Estimated cost to repair:               $35,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.


C:\Documents and Settings\Potter\Local Settings'lfemporary Intemet Files\OLKIA\AGENDA- 1581 Terrace(2).doc   page 1 of 2
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, February 28, 2006.




C:\Documcnts and Settings\Potter\Local Settings\remporary Internet Files\OLKIA\AGENDA- 1581 Terrace(2).doc   page 2 of2
                                   CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                       1581 TERRACE

                                             518/03


Inspection noted:

I.      An interior inspection is required by all trade inspectors (plumbing, mechanical,
        electrical and building) before any permits or certificates of occupancy will be
        issued.
2.      No front steps on porch.
3.      Replace roof covering.
4.      Side and rear landing and stairs must be rebuilt to MRC 2000 code requirements.
5.      Scrape and paint window frames.



For information contact Inspection Services at 231-724-6715.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                    DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\1581 TERRACE.doc
                                       CITY OF MUSKEGON

                      DANGEROUS BUILDING INSPECTION REPORT

                                           1581 Terrace
                                     (INTERIOR INSPECTION)
                                              5122/03

Inspection noted:

1.      Plumbing needs to be replaced.
2.      Furnace is inoperable.
3.      Ductwork is destroyed.
4.      Plumbing fixtures are destroyed.
5.      No cover on electrical panel.
6.      Broken light in basement SE comer.
7.      No box at back porch light.
8.      Broken light fixtures throughout.
9.      Ceiling fans with no apparent fan rated boxes.
10.     No ground rods on service.
11.     3-wire plugs with no ground verification.
12.     Hard-wired smoke detectors required with battery back up.
13.     GFI' s required in kitchen and bathrooms.
14.     Repair all structural floor joist damage in home to MRC 2000 code- cut joists,
        columns, beams.
15.     Rebuild basement stairs to code - handrail, guardrail, run-rise, headroom.
16.     Interior stairs are destroyed; rebuild to MRC 2000 code.
17.     3'd floor stairs are required to be repaired to code, handrail & guardrail.
18.     Repair all wall, floor, ceiling damage in home: numerous damage.
19.     All openable egress windows must be operational for required egress and ventilation.
20.     Windows are in hazardous locations and must have safety glazing.
21.     Back porch and door must be rebuilt to code.
22.     Chimney on home has structural damage -replace.
23.     Paint and patch all interior window frames.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23
OF THE MUSKEGON CITY CODE.

ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.

PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS AT 231-724-
6715.


HENRY FALTINOWSKI, BUILDING INSPECTOR                                       DATE


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\1581 Terrace (2).doc
 DATE:               February 21, 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-050103


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
442 W. Muskegon- 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-0501 03 - 442 W. Muskegon

Location and ownership: This structure is located on Muskegon between Sixth
and Fifth and is owned by Gail Anderson, 845 Catherine, Muskegon, Ml 49442.

Staff Correspondence: A dangerous building inspection was conducted on
05/16/05. The Notice and Order to Repair was issued on 06/01/05. On 08/04/05
the HBA tabled case pending an interior inspection. On 10/06/05 the HBA
declared structure substandard, dangerous and a public nuisance.

Owner Contact: Mr. & Mrs. Anderson were present at the HBA meeting dated
06/01/05 at which time Mr. Anderson said his plan was to sell the structure "as is"
but said he had taken care of the exterior items, the roof and replace siding but
work was done without permits. Mr. Anderson agreed to schedule an interior
inspection and the case was tabled. Mr. & Mrs. Anderson were present at the
HBA meeting 10/06/05 which Mr. Anderson stated again his plan to sell property
"as is" but no interior inspection was ever scheduled. The Neighborhood
Investment Corp scheduled an interior inspection but it was a "no show". There
has been no interior inspection scheduled as promised, however a housing
(rental) inspection report conducted 06/01/05 shows 64 items including unsafe
electrical, plumbing, rotted steps, etc. (see attached report).


Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  17,600

Estimated cost to repair:               $6,000 (Exterior Only)

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
C:\Documents and Settings\Potter\Local Settings\I'emporary Internet Files\OLKlA\AGENDA- 442 W Muskegon. doc   page 1 of2
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, February 28, 2005.




C:\Documcnts and Settings\Potter\Local Settings"IJ'emporary Internet Files\OLKIA\AGENDA- 442 W Muskegon. doc page 2 of 2
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, Ml49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                    Tuesday, February 21, 2006

Enforcement# EN0501 03         Property Address 442 W MUSKEGON AVE
Parcel #24-205-337-0008-00     Owner ANDERSON GAIL A

Inspector: Henry Faltinowski

Date completed: 05/16/2005

DEFICENCIES:

 Uncorrected
1. Roof covering on home incomplete.
2. Roof covering on garage failing. Reroof
3. Missing siding on home.
4. Missing rotting siding on garage.
5. Scrape and paint garage • replace broken out windows • replace damage
door.




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
                              CITY OF MUSKEGON INSPECTION REPORT

June 1, 2005               AT 4:00p.m.       FOR     W. MUSKEGON 442      PAGE     1



No       Cat                             Violation
         ---   =================================================================
     1         BASEMENT
                  Water and gas lines must be properly supported.
     2   A     BASEMENT
                 Doesn't have a smoke detector as required by code.
     3   A     BASEMENT
                 Restore laundry waste.
     4   B     BASEMENT
                 Hose used for water supply.
     5   A     BASEMENT
                 Fuse or circuit panel has circuit with too large of fuse for
                  the size of wire.
     6   B     BASEMENT - ELECTRIC
                 Fuse has doubled up circuits.
     7   A     BASEMENT - FURNACE
                 Furnace needs an inspection by a mechanical contractor and
                 must be certified safe.
     8   B     BASEMENT - FURNACE
                 Please have your mechanical contractor fill out the enclosed
                 furnace inspection form. You must return this prior to your
                 next inspection.
 9       A     BASEMENT-WATER HTR & OTHER AREAS
                 Copper and galvanized water lines are corroded.
10       A     BATHROOM
                 Lavatory is inoperable.
11             BATHROOM
                 No water to lavatory.
12       A     BATHROOM
                 No waste line on lavatory.
13       B     BATHROOM
                 Ceiling has a hole or holes or large cracks in it.
14       B     BATHROOM
                 Floor covering has holes, rips or is missing or is not sealed
                 on edges.
15       B     BATHROOM
                 Outlet is broken, loose or not working.
16       A     BATHROOM
                 No power.
17       B     BATHROOM
                 Window lock(s) is/are missing or inoperative.
18       B     BATHROOM - TOILET
                 Toilet is not bolted tight at the floor.
19       B     BATHROOM - TUB
                 Faucet is broken or incomplete.
20       A     ELECTRIC
                 Front bedroom, bathroom, and basement are without power.
21             ELECTRIC
                 Service needs to be upgraded.
22             ELECTRIC
                 Entire dwelling needs to be re-wired.
23       A     EXTERIOR - FRONT
                 Window has broken or cracked glass.
                           CITY OF MUSKEGON INSPECTION REPORT

June 1, 2005            AT 4:00p.m.       FOR     W. MUSKEGON 442      PAGE   2



No    Cat                             Violation
--- ---
 24    B    EXTERIOR - FRONT PORCH
              Door has broken or missing panels.
 25   A     EXTERIOR - FRONT PORCH
              Dwelling has flammable liquids stored inside - must be
              removed.
26    B     EXTERIOR - GENERAL
              Operable window(s) do not have a screen - must cover the
              complete bottom sash.
27    B     EXTERIOR - REAR
              Light fixture is broken or loose.
28    A     EXTERIOR - SEVERAL
              Window has broken or cracked glass.
29    B     EXTERIOR - SOME TRIM
              Has peeling paint and is not protected from weather by
              properly applied water-resistant paint or waterproof finish.
30    B     FRONT BEDROOM
              Ceiling tile are missing or falling down.
31    B     FRONT BEDROOM
              Roof leaks.
32    A     FRONT BEDROOM
              Ceiling is moldy.
33    B     FRONT BEDROOM
              Window lock(s) is/are missing or inoperative.
34    B     FRONT BEDROOM
              Room is not supplied with 2 sources of power. Must have 2
              duplex wall outlets or outlet and one overhead light.
35    B     FRONT BEDROOM
              Door is loose or coming off of its hinges.
36          GARAGE
              NOTE: Garage must be removed or repaired.
37    B     GARAGE
              Has peeling paint and is not protected from weather by
              properly applied water-resistant paint or waterproof finish.
38    B     GARAGE
              Siding has holes in it or is rotted or missing.
39    B     GARAGE
              Has eave boards that are rotted or missing.
40    A     GARAGE
              Window sash is broken, rotted or missing.
41    B     GARAGE
              Window sill is broken, missing or rotted.
42    B     GARAGE - SEVERAL
              Door is broken or missing.
43    B     HALLWAY
              Floor covering has holes, rips or is missing or is not sealed
              on edges.
 44    B    HALLWAY
              Ceiling tile are missing or falling down.
 45         KITCHEN
              Floor slopes.
 46    B    KITCHEN




                           CITY OF MUSKEGON INSPECTION REPORT

June 1, 2005            AT 4:00p.m.       FOR     W. MUSKEGON 442      PAGE     3



No    Cat                             Violation
            =================================================================
              Wall tiles are loose.
 47    B    KITCHEN
              Sink waste needs a compression fitting.
48     B    KITCHEN
              Window lock(s) is/are missing or inoperative.
49    B     KITCHEN
              Cabinets are not in good repair.
 50   A     KITCHEN - OVER SINK
              Light is improper.
51    A     LIVING ROOM
              Dwelling has a gasoline engine stored inside - must be
              removed.
52    A     LIVING ROOM
              Doesn't have a smoke detector as required by code.
53    B     MIDDLE BEDROOM
              Door is broken or missing.
54    B     MIDDLE BEDROOM
              Walls have peeling paint.
55    A     UPSTAIRS
              Window has .broken or cracked glass.
56    A     UPSTAIRS
              Door has a hasp - MUST BE REMOVED.
57    B     UPSTAIRS
              Door is broken or missing.
58    A     UPSTAIRS
              Doesn't have a smoke detector as required by code.
59    A     UPSTAIRS
              Outlet cover is missing or broken.
60    A     UPSTAIRS
              Handrail is missing.
61    B     UPSTAIRS
              Floor covering has holes, rips or is missing or is not sealed
              on edges.
62    A     UPSTAIRS
              Step is broken or rotted.
63    B     UPSTAIRS - CEILING
              Wall or walls has a hole or holes or large cracks in it.
64    B     UPSTAIRS - WALLS
              Ceiling has a hole or holes or large cracks in it.
         .......;




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