City Commission Packet Archive 11-22-2005

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    CITY OF MUSKEGON
          CITY COMMISSION MEETING
                    NOVEMBER 22, 2005
   CITY COMMISSION CHAMBERS                          @   5:30 P.M.
                                AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS: Cindy Kody
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Sale of an Unbuildable Vacant Lot at the Rear of 2371 Crozier.
        PLANNING & ECONOMIC DEVELOPMENT
     C. Nine Month Extension to Complete Construction of Home. PLANNING &
        ECONOMIC DEVELOPMENT
     D. Approval of a Neighborhood Enterprise Zone Certificate for 476 W.
        Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
     E. Amendment to the Purchase Agreement            for   1259   Marquette.
        PLANNING & ECONOMIC DEVELOPMENT
     F. FIRST READING: Rezoning Request for Property Located at 2170 Beidler
        and 714 W. Hackley Avenue. PLANNING & ECONOMIC DEVELOPMENT
     G. FIRST READING: Rezoning Request for Properties Located at 599, 545.
        925, and 635 Ottawa Street; and 535. 575, and 630 E. Western Avenue.
        PLANNING & ECONOMIC DEVELOPMENT
     H. FIRST READING: Rezoning Request for Property Located at 896 Home
        Street. PLANNING & ECONOMIC DEVELOPMENT
     I.   SECOND READING: Defined Contribution Retirement Plan for New Hires
          (fire, Non-Union). FINANCE
o PUBLIC HEARINGS:
     A. Request for an Industrial Facilities Exemption Certificate - ADAC
              Plastics. PLANNING & ECONOMIC DEVELOPMENT
         B. Spreading of the Special Assessment Roll for Fifth Street. Campus to
            Merrill. ENGINEERING
         C. Spreading of the Special Assessment Roll for Ireland Avenue. Franklin to
            Davis. ENGINEERING
         D. Spreading of the Special Assessment Roll for Franklin Street. Laketon to
            Ireland. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
         A. Concurrence with the Housing Board of Appeals Notice and Order to
            Demolish 765 Washington. PUBLIC SAFETY
o NEW BUSINESS:
         A. Resolution Supporting Regional Collaboration. CITY MANAGER
         B. Move of Non-Union Employees to Municipal Employees' Retirement
            System of Michigan. FINANCE
         C. Amendment to Arena Operations Management Contract. FINANCE
         D. Sewer Rate Adjustment. FINANCE
         E. Sale of Water to Idlewild Resort in Norton Shores. PUBLIC WORKS
         F. Consideration of Bids: Street Lights along Shoreline Drive. ENGINEERING
         G. Concurrence With the Housing Board of Appeals Notice and Order to
            Demolish the Following: PUBLIC SAFETY
              209 & 211 Merrill- Area 10
              235 Monroe -Area 10
              642 Mclaughlin- Garage
              1120 Jefferson - Area 10
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 form to the City Clerk.
> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
> (Speaker representing a group may be al!owed 10 minutes if previously registered with City Clerk.)
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 MUSI<:EGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date:     November 22, 2005
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the November yth
Community Relations Committee and Commission Worksession, and
the November 81h Regular Commission Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 22, 2005
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street. Muskegon, Michigan at 5:30 p.m .. Tuesday, November
22,2005.
   Mayor' Warmington opened the meeting with a prayer from Commissioner
Clara Shepherd after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-106   HONORS AND AWARDS: Vice Mayor Bill Larson presented a plaque to
Cindy Kody in honor of the late Bill Kody who saved the lives of the duck hunters
on Muskegon River from drowning.
2005-107   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the November 7th Community
Relations Committee and Commission Worksession, and the November 8th
Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Sale of an Unbuildable Vacant Lot at the Rear of 2371 Crozier.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot at the
rear of 2371 Crozier to Union Federal Bank of Indianapolis, 7500 W. Jefferson
Blvd., Fort Wayne, IN. The property is being offered to Union Federal Bank of
Indianapolis, to help clear the property title, for $100. According to the County
Treasurer, the property taxes for the lot went unpaid from 1994 - 1999. The
property went up for tax sale and the City obtained the lot in 2000 from the
State. A local title office issued a warranty deed for the property and included
the City owned portion in the deed in 2001. After that, the properties were
combined, even though there were two different property owners. This will
remove the City's name from the property and clear the title.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed in order to clear this up.
      C. Nine Month Extension to Complete Construction of Home. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a nine-month extension to allow Bill Ingalls
time to complete the construction of a single-family home on Harrison Court.
Mr. Ingalls purchased the property to construct four single-family homes on it
and has completed three of them. The City has customarily granted extensions
to parties who have shown that they are dedicated to completing construction
and contributing to the beautification of the City's residential areas. Mr. Ingalls
has worked with staff to submit an alternative plan to complete construction of
a home on the property and feels that the nine month extension will allow
enough time for this plan to be completed. Mr. Ingalls is working with Tom Blake
of Nexes Realty to market the property.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
      D. Approval of a Neighborhood Enterprise Zone Certificate for 476 W.
         Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
 (NEZ) certificate has been received from Jessica Elsey to rehabilitate a home in
the Nelson neighborhood at 476 W. Muskegon Ave. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $5,000. The replacements of all windows, vent and
repair roof, and remodel the front porch. The applicant has met local and state
requirements for the NEZ certificate. Approval or denial by the City Commission
is required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next six
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
        E. Amendment to the Purchase Agreement for                  1259 Marquette.
           PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:              To approve the amendment of the purchase
agreement for the sale of a vacant buildable lot at 1259 Marquette St. (Parcel
#24-611-000-0482-00) to Garry & Earnestine Gaines, 881 Getty St., Muskegon,
and MI. The lot is being offered to Garry & Earnestine Gaines for $9,000. Garry &
Earnestine Gaines will be constructing a two-story, 3 bedroom, single-family
home with an attached garage, which will comply with the City's Policy for Sale
of City-Owned Residential Property. The True Cash Value (TCV) for the property
listed in the Assessor's office is $12,000, and our price is set at $9,000 which is 75%
of that amount. The closing of the property must take place before or on
January 13, 2006 and the seller will not be held liable for any real estate
commissions claimed by a realtor in connection with this transaction. The
amendment is needed because the buyers are no longer working with a realtor.
They are also working with a new builder for the construction and financing of
the home.
FINANCIAL IMPACT: The sale of this lot for construction of one new home will
generate additional tax revenue for the City and will place the property back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
      F. FIRST READING: Rezoning Request for Property Located at 2170 Beidler
         and 714 W. Hackley Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 2170 Beidler St.
and 714 W. Hackley Ave., from R-1, One Family Residential to B-2 Convenience
and Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11/10 meeting. The vote was unanimous with J.
Aslakson and T. Michalski absent.
      G. FIRST READING: Rezoning Request for Properties Located at 599, 545.
         925, and 635 Ottawa Street; and 535, 575, and 630 E. Western Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 599, 545,
625, Ottawa and 535, 575 and 630 E. Western Ave., from B-4, General Business to
WM, Waterfront Marine.
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 11/10 meeting. The vote was unanimous with J.
Aslakson and T. Michalski absent.
      H. FIRST READING: Rezoning Request for Property Located at 896 Home
         Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 896 Home
St. from R-1 One Family Residential to RM-3 High Density Multiple-family
Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
 COMMITTEE RECOMMENDATION: The Planning Commission voted to
.recommend denial of the request at their 11/10/05 meeting. The vote was
 unanimous with J. Aslakson and T. Michalski absent.
      I.   SECOND READING: Defined Contribution Retirement Plan for New Hires
           (Fire, Non-Union). FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the firefighters union that includes provision for new hires to be
members of a defined contribution retirement program in lieu of membership in
the defined benefit police and fire retirement system. The new fire DC plan calls
for a fixed city contribution of 10% and an employee contribution of 6% of
wages. Present employees may also join the DC plan on an elective basis
during a window period.
We are also recommending at this time implementation of a similar plan for new
non-union employees. The outline of the program is the same except for lower
contribution rates (6% city; 3% employee) reflecting the fact that these
employees are covered by social security (fire employees are not).
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.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
 Consent Agenda as read.
 ROLL VOTE: Ayes: Gawron, larson, Shepherd, Spataro, Warmington, Carter,
           and Davis
            Nays: None
MOTION PASSES
2005-108 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate -       ADAC
         Plastics. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4 as amended, ADAC
Plastics, 1801 Keating, has requested the issuance of an Industrial Facilities
Exemption Certificate for the property located at 1801 Keating, Muskegon. The
total capital investment is approximately $666,454.00 in personal property and
$33,409.00 in real property. This request qualifies ADAC Plastics for a term of
twelve (12) years for real property and nine (9) years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve ( 12) years for real property
and nine (9) years for personal property.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. Comments were heard from Jackie Darnell, Muskegon County
NAACP President, 541 E. Hackley.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:50 p.m. and approve the request for an Industrial Facilities
Exemption Certificate for ADAC Plastic.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           larson
            Nays: None
MOTION PASSES
      B. Spreading of the Special Assessment Roll for Fifth Street. Campus to
         Merrill. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Fifth St., from Campus Ave. to Merrill Ave., and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $49,344 would be spread against the twenty-
seven (27) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:51 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Shepherd to close
the Public Hearing at 5:54 p.m. and approve the spreading of the special
assessment roll for Fifth Street Campus to Merrill.
ROLL CALL: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
      C. Spreading of the Special Assessment Roll for Ireland Avenue. Franklin to
         Davis. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Ireland Ave., Franklin to Davis St. and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $25,995.57 would be spread against the twenty-
nine (29) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing at 5:57 p.m. and approve the spreading of the special
assessment roll for Ireland Avenue, Franklin to Davis.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
     D. Spreading of the Special Assessment Roll for Franklin Street. Laketon to
        Ireland. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Franklin St.. Laketon to Ireland and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $19,645.76 would be spread against the eleven
( 11) parcels abutting the project.
BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: To approve the special assessment roll and adopt
 the resolution.
The Public Hearing opened at 6:00 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 6:02 p.m. and approve the spreading of the special
assessment roll for Franklin Street, Laketon to Ireland.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
             Nays: None
MOTION PASSES
2005-109 UNFINISHED BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 765 Washington. 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 structure located at 765
Washington- Area 12 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.
FINANCIAL IMPACT: General fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish the structure at
765 Washington.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
            Nays: None
MOTION PASSES
2005-110 NEW BUSINESS:
      A. Resolution Supporting Regional Collaboration. CITY MANAGER
SUMMARY OF REQUEST:          To approve a resolution that supports regional
collaboration efforts. This resolution is necessary for One Muskegon to pursue
state funding through the Centers for Regional Excellence for our local efforts.
FINANCIAL IMPACT: Collaborative efforts may save the City money in the future.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the resolution supporting regional collaboration.
ROLL VOTE: Ayes:    Carter,     Davis,   Gawron,    Larson,   Shepherd,   Spataro,
           Warmington
            Nays: None
MOTION PASSES
      B. Move of Non-Union Employees to Municipal Employees' Retirement
         System of Michigan. FINANCE
SUMMARY OF REQUEST: MERS (Municipal Employees' Retirement System of
Michigan) is a statewide intergovernmental cooperative established for the
purpose of providing cost-effective pension plan administration. The City's
pension boards have explored moving to MERS on two separate occasions in
the last few years, but could not reach consensus. At this time staff is proposing,
that effective January 1, 2006, pension administration and management of
pension-plan assets for current non-union employees (51 employees) be moved
to MERS.
FINANCIAL IMPACT: Staff believes that MERS offers the most cost-effective
alternative for pension administration. We expect to achieve administrative
savings by moving the non-union employees to MERS and the potential is for
greater savings should other employee groups opt to switch to MERS. The
computed first year (2006) contribution rate for the MERS program is 5.71 %,
which compares favorably to the budgeted contribution rate of 7.86%
BUDGET ACTION REQUIRED: None. As noted, the computed contribution rate
for MERS is within the budgeted cost for pension expense for the affected
employees.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
move of non-union employees to Municipal Employees' Retirement System of
Michigan.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
            Nays: None
MOTION PASSES
      C. Amendment to Arena Operations Management Contract. FINANCE
SUMMARY OF REQUEST: Approval of an amendment to the arena management
contract. The current arena operations contract with AMG did not anticipate a
second major building tenant. The introduction of professional basketball last
 year required and amendment to reimburse the arena manager for the
 additional costs associated with basketball (set-up, security, etc.).     This
 proposed amendment for the 2005-06 season is similar to last year's agreement
with the exception that the maximum per game payment is reduced from
$4,000 to $2,900, reflecting the fact that the basketball team has assumed
responsibility for floor set-up/take-down.   The overall arena management
agreement is set to expire in June 2006. Addressing issues raised by a second
major tenant will be an important consideration in the next contract.
FINANCIAL IMPACT: The direct impact of this agreement (and of the basketball
generally) on arena financial operations will be determined by attendance
figures. Over 24 home games, average attendance will need to be about 1,450
for the city to cover the cost of this contract and the ice rental loss associated
with basketball. This is about the same breakeven point as last year. Staff
believes having professional basketball at the arena has benefits that extend
beyond arena operations (downtown activity, etc.) that make this a prudent risk
for the city to take.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of amendment.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the amendment to the Arena Operations Management Contract.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
      D. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: At the time the 2006 budget was adopted, staff noted
that it appeared a sixteen percent sewer rate increase would be needed to
offset the impacts of the Sappi downsizing. Based on the additional information
that has become available since budget adoption, it still appears that a sixteen
percent increase is needed. Historical and projected financial data for the
sewer fund indicates the need for the 16% percent increase to take effect
January 1, 2006. The rate adjustment will move residential sewer rates from
$1 .32/hcft to $1.53/hcft and commercial/industrial rates from $1.66 to $1.93. The
impact on a typical household using 15,000 gallons of water will be an
additional $4.20/month $12.60/quarter).
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$672,000 additional full-year revenue for the city's sewer fund.
BUDGET ACTION REQUIRED:           None at this time.      Adoption of these fee
adjustments will help the city attain its 2006 budgeted revenue estimates.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the sewer rate fee increase.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
      E. Sale of Water to Idlewild Resort in Norton Shores. PUBLIC WORKS
SUMMARY OF REQUEST: Nugent Sand Company (NSC) has requested permission
to purchase water from the City of Muskegon via the City of Norton Shores on a
temporary basis.
FINANCIAL IMPACT: The City of Muskegon will be paid an annual readiness to
serve fee of $1 ,600 (with allowance for future adjustments) plus a water rate
based on 1.35 of the water used. These provisions will be in place until such time
as the City of Norton Shores builds their own system to handle this water
demand.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City of Muskegon City
Commission approve the documents for the temporary sale of water to Idlewild
Resort.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
sale of water to Idlewild Resort in Norton Shores.
ROLL VOTE: Ayes: Davis, Gawron, Larson, shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
      F. Consideration of Bids: Street Lights along Shoreline Drive. ENGINEERING
SUMMARY OF REQUEST: As per your directions, bids were solicited and received
to install approximately twenty (20) street lights along Shoreline Dr., between
Ottawa & First as well as Terrace Street between Morris & Shoreline Dr. John
Howell of Lansing, Michigan submitted the lowest bid of $70,000 ($3,500 per
light). Windemuller (Montague, Ml) submitted the only other bid of $94,000.
Your authorization to enter into a contract with John Howell is requested should
it be your desire for the City to be the owner of those lights.
FINANCIAL IMPACT: The installation cost of $70,000 plus any direct expenses to
Consumer Energy to provide the energy source which is estimated at $5,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to enter into a contract with John R.
Howell.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the bid and enter into a contract with John R. Howell for street lights along
 Shoreline Drive and Terrace.
 ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: Larson
MOTION PASSES
      G. Concurrence With the Housing Board of Appeals Notice and Order to
         Demolish 209 & 211 Merrill, 235 Monroe, 642 Mclaughlin - Garage, and
         1120 Jefferson. 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 above mentioned
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 demolition of these structures and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: CDGB Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:           To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 209 & 211 Merrill, 235
Monroe, and 642 Mclaughlin- garage only.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 1120 Jefferson.
ROLL VOTE: Ayes:  Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2005-111   ANY OTHER BUSINESS:
      a.   Letter to Nugent Sand.
Motion by Commissioner Davis, second by Commissioner Carter to request staff
to write a letter in opposition of additional sand mining of 23 acres of land.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, and Davis
            Nays: None
            Absent: Warmington (stepped out of the room)
MOTION PASSES
      b.   Solid Fuel Heating Appliance.
Motion by Commissioner Spataro, second by Commissioner Gawron to direct
staff to not take any applications and let the Planning Commission come up with
regulations.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
2005-112 PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 7:10p.m.


                                           Respectfully submitted,




                                             ~o -~r
                                           Gail A. Kundinger, MMC
                                           City Clerk
             Commission Meeting Date: November 22, 2005

Date:                 November 9, 2005
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                            08c...
RE:                   Sale of an unbuildable Vacant Lot at the rear of 2371 Crozier



SUMMARY OF REQUEST:
To approve the sale of a vacant unbuildable lot at the rear of 2371 Crozier to Union Federal
Bank of Indianapolis, 7500 W Jefferson Blvd., Fort Wayne, IN. The property is being offered
to Union Federal Bank of Indianapolis to help clear the property title for $100. According to
the County Treasurer, the property taxes for the lot went unpaid from 1994-1999. The
property went up for tax sale and the City obtained the lot in 2000 from the State. A local
title office issued a warranty deed for the property and included the City owned portion in the
deed in 2001. After that, the properties were combined, even though; there were two
different property owners. This will remove the City's name from the property and clear the
title.

FINANCIAL IMPACT:
None

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed in order to clear this up.

COMMITTEE RECOMMENDATION:
None.




11/9/05
                                    Resolution No.   2005-107 (b)

                            MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF AN UNBUILDABLE LOT AT THE REAR OF
2371 CROZIER IN THE LAKESIDE NEIGHBORHOOD FOR $100.

WHEREAS, Union Federal Bank oflndianapolis has placed a $100 deposit for the parcel
designated as the South 49.19 feet ofLot 4, located adjacent t.o 2371 Crozier; and

WHEREAS, the price for parcel is set by the City at $1 00; and

WHEREAS, the sale would clear up the title for 2371 Crozier, which has the South 49.19 feet of
Lot 4 already combined with it; and

WHEREAS, the sale is consistent with City policy regarding the disposition ofunbuildable lots.

NOW THEREFORE BE IT RESOLVED, that the parcel's South 49.19 feet of Lot 4, located
adjacent to 2371 Crozier be sold to Union Federal Bank of Indianapolis for $100.

          CITY OF MUSKEGON LIBERTY SUB DIV OF PART OF BLOCK 669 THE
                    SOUTH 49.19 FEET OF LOT 4 BLOCK 1


Adopted this 2 2nd day of November 2005

Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
      and Davis
Nays: None

Absent    None




                                                           Attest:         .        ~~
                                                                        Gail Kundinger, MMC
                                                                        City Clerk
                                                                                                 a
                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Conm1ission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on November 22, 2005.


                                                                           Gail Kundinger, M
                                                                           City Clerk
                                                 QUIT CLAIM DEED

GRANTOR, City of Muskegon, with an address of 1080 Terrace Street, Muskegon, Michigan 49442 ("Grantor"), does
hereby Quit Claim to Union Federal Bank of Indianapolis, with an address of 7500 W Jefferson Blvd, Fort Wayne,
Indiana 46804-4165 ("Grantee"), the following described premises located in the City of Muskegon, County of
Muskegon, State of Michigan, and described as follows:

         City of Muskegon SN2537 Liberty Subdivision of Part of Block 669, South 49.19 feet of Lot 4, Block 1
         984901

commonly known as: 2371 Crozier Avenue, Muskegon, Michigan

This Deed is given in consideration of $100.00.

*This conveyance is subject to all easements and encumbrances of record. Grantor further grants to Grantee the right
to make all divisions under Section 108 of the Land Division Act No. 288 of Michigan Public Acts of 1967 as amended.
The property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and
management practices which may generate noise, dust, odors, and other associated conditions may be used and are
protected by the Michigan Right to Farm Act.

         This Deed is executed this _ _ day of _ _ _ _ _ _ _ _ , 2005.



                                                                                                USKEGON
         Dated




STATE OF MICHIGAN                )
                                 ) ss.
COUNTY OF MUSKEGON               )

         On . the     /.s.r    day       of   f),., ,, 117 hcc        ,   20 c'.:;-;- before
                                                                                  me personally appeared
     0
   .._;,/,:.a/u:-o
        1
                     J.   uZrm,/,enM , ;?;7ili('-c                              ofThe City of Muskegon, to me
known to be the person described"fn and who exec ed the foregoing instrument and acknowledged that they have
executed the same as a free act and deed.                  d,m£10 .J.                     £&..
                                                            i./"cl"       -~:.    /0rrrr
                                                           Notary Public, /?,&_s ~>ao County, Michigan
                                                           Acting in J7k,,       k:?too
                                                                                   County, Michigan
                                                           My Commission xpires:               7-.:zr-
                                                                                               c:?t?
RETURN TO AFTER RECORDING/
PREPARED BY:                                               SEND FUTURE TAX BILLS TO:
   PETER D. RHOADES, ESQ.
   RHOADES LAW OFFICE PC                                   Union Federal Bank of Indianapolis
   P 0 BOX 2271                                            7500 W Jefferson Blvd
   HOLLAND Ml 49422                                        Fort Wayne IN 46804-4165
   616-355-7318
     CJ Uolghborhood enterpr1n <ol\edv.nl .ohp
     T"-''\ DI"'Z
     c:::JP<otCel
            UewJlrl




[l
u
                            s
             Commission Meeting Date: November 22, 2005

Date:                 November 10, 2005
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                             cJO 0-
RE:                   Nine Month Extension to Complete Construction of Home



SUMMARY OF REQUEST:
To approve a nine-month extension to allow Bill Ingalls time to complete the construction of
a single-family home on Harrison Court. Mr. Ingalls purchased the property to construct four
single-family homes on it and has completed three of them. The City has customarily
granted extensions to parties who have shown that they are dedicated to completing
construction and contributing to the beautification of the City's residential areas. Mr. Ingalls
has worked with staff to submit an alternative plan to complete construction of a home on
the property and feels that the nine month extension will allow enough time for this plan to
be completed. Mr. Ingalls is working with Tom Blake of Nexes Realty to market the
property.

FINANCIAL IMPACT:
None.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution.

COMMITTEE RECOMMENDATION:
None.




11/10/05
                                   Resolution No. 2005 -107 (c)

                            MUSKEGON CITY COMMISSION


      RESOLUTION APPROVING NINE MONTH EXTENSION TO COMPLETE
   CONSTRUCTION OF FOUR SINGLE-FAMILY HOMES ON MINER AVENUE AND
                          HARRISON COURT

WHEREAS, Bill Ingalls has submitted a request for a time extension; and

WHEREAS, Bill Ingalls has shown a commitment to complete construction of four homes by the
completion ofthree of the homes; and

WHEREAS, the completion of the one additional home will further enhance the ambiance ofthe
City's residential area.

NOW THEREFORE BE IT RESOLVED, that Bill Ingalls be granted an additional nine months
to complete construction of the one additional single-family home at the property located on
HatTison Court.


Adopted this 22ndday ofNovember 2005.

Ayes:   Gaw-ro n, Larson 1 Shephe rd 1 Spata ro, Warmin g ton , Carte r ,
        an d Dav i s
Nays:   No n e

Absent: None




                                                                Gail Kundinger, MMC
                                                                Clerk
                                       CERTIFICATION

I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on November 22, 2005 .

                                                               By:~~~~~==~~~~ ~
                                                                    Gail Kundinger
                                                                    Clerk
1•   'I" 1 • 1 r 1 •   1   ' • ,. ,. •· '   • •
                                      AGENDA ITEM No. _ __

                     MUSKEGON CITY COMMISSION- November 22, 2005


TO:                       Honorable Mayor & City Commissioners

FROM:                     Planning Department       cif--
DATE:                     November 15, 2005

SUBJECT:                  Approval of a Neighborhood Enterprise Zone Certificate




SUMMARY OF REQUEST

An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Jessica Elsey to rehabilitate a home in the Nelson neighborhood at 476 W. Muskegon Avenue.
The home is located in a Neighborhood Enterprise Zone. The application states that the
estimated cost for rehabilitation will be $5,000. The replacement of all windows, vent and repair
roof, and remodel the front porch. The applicant has met local and state requirements for the
issuance of the NEZ certificate. Approval or denial by the City Commission is required within
60 days of the application date and must be fmwarded to the State Tax Commission.

FINANCIAL IMPACT

Taxation will be 50% of the State average for the next 6 years.

BUDGET ACTION REQUIRED

None.

STAFF RECOMMENDATION

Approve issuance of the NEZ certificate.

COMMITTEE RECOMMENDATION

None.




0:\Pianning\COMMON\NEZ\476 w musl<cgon\Agcnda Itcm.doc
                                             Resolution No. 2005-107 (d)

                                     MUSKEGON CITY COMMISSION

                         RESOLUTION TO APPROVE THE ISSUANCE
                   OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE




WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Jessica Elsey to rehabilitate a home at 476 W. Muskegon Avenue in the Nelson
neighborhood, and;

WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;

WHEREAS, the Neighborhood Enterprise Zone Certificate will be for 6 years;

NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Jessica Elsey be approved.

Adopted this, 22"d day of November, 2005.



Ayes: Gawron, Larson , Shepher d, Spataro, Warmington, Carter, and
      Davis
Nays: None

Absent: None




                                                                           Gail Kundinger, MMC
                                                                           City Clerk




0:\Pianning\COMMON\NEZ\476 w muskegon\Resolution to Approve Ccrtilicatc.tloc
                                                 CERTIFICATION

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 November 22, 2005.


                                                                              Gail Kundinger,
                                                                              City Clerk




0:\Pianning\COMMON\NEZ\476 w muskegon\Resolution to Approve Certificate.doc
              Commission Meeting Date: November 9, 2005

Date:                 November 22, 2005
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                            c.£t-
RE:                   Amendment to the Purchase Agreement for 1259 Marquette



SUMMARY OF REQUEST:
To approve the amendment of the purchase agreement for the sale of a vacant buildable lot
at 1259 Marquette Street (Parcel #24-611-000-0482-00) to Garry & Earnestine Gaines, 881
Getty Street, Muskegon, MI. The lot is being offered to Garry & Earnestine Gaines for
$9,000. Garry & Earnestine Gaines will be constructing a two story, 3 bedroom, single
family home with an attached garage, which will comply with the City's Policy for Sale of
City-Owned Residential Property. The True Cash Value (TCV) for the property listed in the
Assessor's office is $12,000, and our price is set at $9,000 which is 75% of that amount.
The closing of the property must take place before or on January 13, 2006 and the seller will
not be held liable for any real estate commissions claimed by a realtor in connection with this
transaction. The amendment is needed because the buyers are no longer working with a
realtor. They are also working with a new builder for the construction and financing of the
home.

FINANCIAL IMPACT:
The sale of this lot for construction of 1 (one) new home will generate additional tax revenue
for the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.

COMMITTEE RECOMMENDATION:
None.
                                    Resolution No. 2005-107 ( e)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE AMENDMENT OF THE PURCHASE AGREEMENT
FOR THE SALE OF A BUILDABLE LOT AT 1259 MARQUETTE STREET IN
MARQUETTE NEIGHBORHOOD FOR $9,000.

WHEREAS, Garry & Eamestine Gaines has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0482-00, located at 1259 Marquette Street; and

WHEREAS , the price for parcel number 24-611-000-0482-00 is set by the City at $9,000, which
is 75% ofthe True Cash Value (TCV) listed in the City Assessor's Office; and

WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
fmther maintenance costs; and

WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots.

NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0482-00, located at
1259 Marquette Street be sold to Eamestine Gaines $9,000.

        CITY OF MUSKEGON URBAN RENEWAL PLAT NO.2 LOT 482, ELY 34' LOT
                        483, & LOT 481 EX W 51.45'

Adopted this 2 2 ndday of November 2005

Ayes:   Ga1-1ron, Larson, Shepherd, Spa taro, Warmington, Carter, and
        Da v is
Nays:   None

Absent: None




                                                                         Gail Kundinger, M
                                                                         City Clerk
                                       CERTIFICATION

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 November 22, 2005.


                                                                           Gai l Kundinger,
                                                                           City Clerk
                  AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT

        THIS AMENDMENT TO PURCHASE AGREEMENT is made]I/()J!;:ib·F' ~~, 2005, by and
between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 errace, Muskegon,
Michigan 49440 ("Seller"), and GARRY & EARNESTINE GAINES, a married couple, of 881 Getty
Street, Muskegon, Michigan 49442 ("Buyer"), with reference to the following facts:

      A.     The parties have entered into a purchase agreement for property in the City of Muskegon
commonly koown as 1259 Marquette ("Purchase Agreement").

         B.      The parties now desire to amend the Purchase Agreement according to the following
terms.

Therefore, the parties agree as follows:

       1.     Purchase Price and Manner of Payment. The purchase price for the Premises shall be
Nine Thousand and no/100 Dollars ($9,000.00).

         2.       Closing. The closing date of this sale shall be on or before January 13, 2006 ("Closing").
If the closing is not completed by the stated date, then the deposit will be forfeited to the City of
Muskegon.

         3.      Indemnification and Hold Harmless. Buyer shall indemnifY and hold the Seller
harmless, to the fullest extent permitted by Michigan law, for any real estate commissions claimed by a
realtor in connection with this transaction.

         All other terms and conditions of the Purchase Agreement shall remain in force.

         The parties have executed this Amendment to Real Estate Purchase Agreement the day and year
first above written.

WITNESSES:

~               ;t/k



r
                                                     BUYER:             .


                                                     ~t;wit~
                                                                                                (

                                                                                   A!)o,u·.:z d

                                                                                                       ...   '1
                                                                                                             ''
                                               QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal co1poration, of
933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to GARRY & EARNESTINE GAINES, married, of 881 Getty Street, Muskegon, Michigan
49442,
            ...                                                                                                    •
thefellowing described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
 !.;
         CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 482, EASTERLY 34 FEET OF LOT
         483 AND LOT 481 EXCEPT THE WEST 51.45 FEET (COMMON ADDRESS: 1259 MARQUETTE)

for the sum of Nine Thousand and no/100 Dollars ($9,000.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the home and driveway. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling described in the
said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (I) single family home, and it shall be owner-occupied for five (5) years
after the date of this deed. These covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this _ _ day of~~~~~~~' 2005.


Signed in the presence of:



L/nda       ,l?,tfr-r


~~K&i.~~k:
       o ~nl"\ Krvkt>Lv~~ i

STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on /Jeambec 1 , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, ofthe CITY
OF MUSKEGON, a municipal cmporation, on behalf of the City.




PREPARED BY: John C. Scluier                           Lind.       .S. tJo rr n-·    , Notary Public
Parmenter O'Toole                                     Acti~l\ in the County of !?Ju,s k~£ o 0
175 W. Apple Avenue/P.O. Box 786                        @;u k${oCl                   County, Michigan
Muskegon, MI 49443-0786                               MyComm. xpires:           9-0?S-o?
Telephone: 231/722-1621


WHEN RECORDED RETURN TO: Grantee                     SEND SUBSEQUENT TAX BILLS TO: Grantee
                      Commission Meeting Date: November 22, 2005




Date:               Novernber14,2005
To:                 Honorable Mayor and City Commissioners
From:               Planning & Economic Development                               c.f{jJ
RE:                 Rezoning request for property located at 2170 Beidler and
                    714 W. Hackley Avenue


SUMMARY OF REQUEST:

Request to rezone properties located at 2170 Beidler Street and 714 W. Hackley
Avenue, from R-1, One Family Residential to B-2, Convenience and Comparison
Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 11/10
meeting. The vote was unanimous with J. Aslakson and T. Michalski absent.




0:\Planning\COMMON\Zoning\City Commission ltems\rezone\/\pprove\2005 Approvals\2170 Beidler & 714 W. Hacklcy.doc
                           CITY OF MUSKEGON

                           MUSKEGON COUNTY, MICHIGAN

                              ORDINANCENO. 2170

  An ordinance to amend the zonin2 map of the City to provide for a zone change for
   certain properties from R-1 "One Family Residential" to B-2 "Convenience and
                               Comparison Business"

    THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map ofthe City of Muskegon is hereby amended to change the zoning of the
following described properties from R-1 "One Family Residential" to B-2 "Convenience and
Comparison Business":

             CITY OF MUSKEGON RIEGLERS SUB N 61.5 FT LOTS 1 & 2

                                          And

    CITY OF MUSKEGON RIEGLERS SUBDIVISION S 100 FT OF LOTS 1 AND 2


This ordinance adopted:

Ayes:     Gawron, Larson, Shepherd, Spataro. Warmington. Carter, Davis

Nayes:      None


Adoption Date:      November 22, 2005

Effective Date:    December 1 2 , 2005

First Reading:     November 22, 2 00 5

Second Reading:      N/A




                                                 CITYOF MU~
                                          By:   L Kundin~
                                                   a.
                                                 Gail A.
                                                         .
                                                 Clerk


                                                                                      2
                                      CERTIFI CATE
      (Rezoning of 21 70 Beidler Street & 714 W. Hackley Avenue from R-1 to B-2)

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of
the City Commission on the 22"d day of November, 2005, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and
public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby.



                                            Gail A. Kundmger, MMC
                                            Clerk, City of Muskegon



Publish:      Notice of Adoption to be published once within ten ( 10) days of final
adoption.




                                                                                         3
                                  CITY OF MUSKEGON
                                 NOTICE OF ADOPTION

Please take notice that on November 22, 2005, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following properties from R-1 "One Family Residential" to B-2 "Convenience
and Comparison Business":

             CITY OF MUSKEGON RIEGLERS SUB N 61 .5 FT LOTS 1 & 2

                                           And

    CITY OF MUSKEGON RIEGLERS SUBDIVISION S 100 FT OF LOTS 1 AND 2


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    /)~ c e.m h ~ 1   02 , 2005            CITY OF MUSKEGON

                                                   By

                                                           Gail A. Kundinger, MMC
                                                           City Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                           4
                          StaffReport [EXCERPT]
                           CITY OF MUSKEGON
                         PLANNING COMMISSION
                           REGULAR MEETING

                             November 10, 2005



Hearing; Case 2005-43: Request to rezone the property at 2170 Beidler Street and 714 W.
Hackley Avenue from R-1, One Family Residential to B-2, Convenience and Comparison
Business, by Fred Glomb, Chalet House of Flowers.

        BACKGROUND

Applicant:                    Fred Glomb, Chalet House of Flowers

Property Address/Location     2170 Beidler Street and 714 W. Hackley Avenue

Request:                      Rezone from R-1, One Family Residential               to   B-2,
                              Convenience and Comparison Business

Present Land Use:             Vacant, Commercial

Zoning:                       R-1, One Family Residential

STAFF OBSERVATIONS

     1. The subject property at 2170 Beidler Street is a vacant lot that previously had a
        single family home located on it. The home was purchased by the applicant and
        demolished earlier this year. The subject property located at 714 W. Hackley
        Avenue houses a commercial use, Nelson Crown Bridge.
2.      The properties are located adjacent to the newly constructed Chalet House of
        Flowers, which opened for business earlier this year.
3.      The applicant would like to develop the vacant parcel at 2170 Beidler Street for
        additional parking in conjunction with the flower shop. Additional parking is
        necessary for employees. Extra parking spaces for Chalet House of Flowers would
        require a variance, since they already are at their maximum parking level with 13
        spaces. The applicant has submitted a request to the Zoning Board of Appeals,
        which will be heard at their December meeting.
4.      The applicant would like to close the parking access from the alley to stop cars from
        using his present parking lot as a through-way from the alley to Hackley Avenue.
5.      Properties to the North are zoned R-1, One Family Residential. Directly to the South
        of these two parcels the zoning is R-1, One Family Residential, but to the South of
        Chalet House of Flowers the zoning is B-4, General Business. To the West directly
        across Beidler Street, the zoning is B-4, General Business and RM-2, Medium
        Density Multiple Family Residential. To the East is Chalet House of Flowers which


                                                                                           5
     is zoned B-2, and beyond that on the other side of Seaway Drive the zoning is I-1,
     Light Industrial.
6.   Staff has received no comments regarding this request.




             2071 Beidler Street                       714 W. Hackley Avenue




 Chalet House of Flowers parking lot            Chalet House of Flowers parking lot
         from Hackley Avenue                           from alley off Beidler




                                                                                      6
  City of Muskegon
  Planning Commission
  Case# 2005-43
                                                                                                                  ·-<?-· '




                                                                              ~~,. S~b)edPr~perly(ies)
                                                                               0,. Nolioe Aru



                                                                 R·1" Sln~le·f~milf Re>iden~al
                                                                 RM·2   ~   Me4ium Densiy   ~ultiple·f amllf   Re•idenli41
                                                                 9·2- Conunionoo & Comp~ri>on Bll>inu•
                                                                 B-4" Gonu•IBu•ln•••
                                                                 1-1- Llghllndus!J!dl




    '"                                      BOO Ful




RECOMMENDATION
The 1997 Master Plan reconnnends "Complete the full commercial development of that area
lying between Henry Street, Laketon Avenue, Seaway Drive and Sherman Boulevard".
Staff recommends approval of the request to rezone the subject properties from R-1 to B-2
because the request conforms to the goals and recommendations of the City's1997 Master
Plan.

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

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

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

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


                                                                                                                             7
    4. Does the petitioned zoning change adversely affect the environmental conditions or
       value of the surrounding property?

    5. Does the petitioned zoning change generally comply with the adopted Future
       Land Use Plan ofthe 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.


DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the properties located at 2170 Beidler Street and 714 W.
Hackley Avenue from R-1, One Family Residential district to B-2, Convenience and
Comparison Business district, as described in the public notice, be recommended for
(approval/denial) to the City Commission pursuant to the City of Muskegon Zoning
Ordinance, and the determination of (compliance/lack of compliance) with the intent of the
City Master Land Use Plan and zoning district intent.




                                                                                        8
             Commission Meeting Date: November 22, 2005




Date:             November 14,2005
To:               Honorable Mayor and City Commissioners
From:             Planning & Economic Development                             (jjC/
RE:               Rezoning request for properties located at 599, 545, 925, &
                  635 Ottawa Street, and 535, 575, and 630 E. Westem
                  Avenue


SUMMARY OF REQUEST:

Request to rezone the properties located at 599, 545, 625, & 635 Ottawa and 535,
575 and 630 E. Western Avenue from B-4, General Business to WM, Waterfront
Marine.

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 11/10
meeting. The vote was unanimous with and J. Aslakson and T. Michalski absent.




        0:\P\anning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\599 Ottawa etc ..doc   1
                                            CITY OF MUSKEGON

                                   MU SKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO.               2171

An ordinance to amend the zoning map of the City to provide for a zone change for certain
         properties from B-4 "General Business" to WM "Waterfront Marine".

        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-4 "General Business" to WM "Waterfront Marine" :

                                                See Attachment A

This ordinance adopted:

Ayes:      Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis

Nayes:______N_o_n_e_____________________________________________________


AdoptionDate:          November 22, 2005

Effective Date:         December 1 2 , 2005

FirstReading:      November 22, 2005

Second Reading: ___N:..../:....A
                             _ _ _ _ _ _ _ _ _ ____




                                                                 CITY OF MUSKEG~Nj

                                                                 By:     t:Lt- a ~~r
                                                                          Gail A. Kundinger, MMC
                                                                          Clerk




                0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\599 Ottawa etc..doc   2
                                       CERTIFICATE
 (Rezoning of 599, 545, 625, & 635 Ottawa and 535, 575 and 630 E. Western Avenue from B-4
                                          toWM)

        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 Ci!( Cmrunission of the City of Muskegon, at a regular meeting of the
City Commission on the 22n day of November, 2005, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts ofMichigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.

DATED:     f)~).~ ,2005.
                                                       Gail . Kundinger, MMC
                                                       Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten ( 10) days of final adoption.




              0 :\Pianning\COMMON\Zoning\City Commission llems\rezone\Approve\2005 Approvals\599 Ottawa etc ..doc   3
                                    ATTACHMENT A


CITY OF MUSKEGONREVISED PLAT OF 1903LOTS I-2 & PART OF LOT 3LYING N OF A
 LN BEGONE LN SD LOT 34 FTS OF NE COR & RUNNING TOW LN SD LOT 28 FTS OF
 NW COR SD LOT BLK I70EXC ALL THAT PART OF THE ABOVE DESCRIPTION DESC
 ASBEG AT APT ON S LN OF ABOVE DESCRIPTIONSD PT BEING 49.68 FT N 58D 56M
  33S W OF SELY COR OF SD DESCTH S 58D 56M 33S E 49.68 FT ALG SLY LN OF SD
DESC TO SELY COR TH'OFTH N 25D 53M 39S E 114.34 FT ALG ELY LN OF SD DESCTH
   SWLY 124.09 FT ALGA 147.44 FOOT RADIUS NON-TANGENT CURVETO THE RT
 HAYING A CENTRAL ANGLE OF 48D 13M 19S &A CHORD WHICH BEARSS SOD 06M
                            !8S W 120.46 FT TO POB

                                                   AND

CITY OF MUSKEGONREVISED PLAT OF 1903LOT 2-3 & N 30FT LOT 4 BLK 158

                                                   AND

CITY OFMUSKEGONREYISED PLAT OF 1903LOTS 4 & 5 BLK 170 ALSO PART OF LOT
  3 BLK 170DESC AS FOLCOM@ MOST SLY COR OF LOT 3TH NELY ALG WLY LN
OTTAWA ST 44 FTTH NWLY TO APT ON ELY LNWESTERN AVE 38 FTNLY OF MOST
   WLY COR OF LOT 3TH SWLY 38FT TO MOST WLY COR OF LOT 3TH SELY TO
       BEGEXC SHORELINE DR & THAT PRT OF REALIGNED OTTAWA ST

                                                   AND

CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 6-12 INC BLK 170EXC SLY 40FT OF
   WLY 75FT OF LOT 8ALSO EXCTHAT PART OF LOTS 10 & 11 DESC ASBEG AT A
   POINT ON S LN SD BLK 170SD PT BEING 91.70 FT WLY FROM SELY COR SD BLK
 !70TH S 88D 02M O!S E 91.70 FT ALG S LN SD BLK 170TO SELY COR TH'OFTH N 25D
   53M 39S E 48.63 FT ALG ELY LN SD BLK !70TH SWLY 120.13 FT ALGA 669.29 FT
RADIUS NON-TANGENT CURVE TORT HAVING A CENTRAL ANGLE OF IOD 17M 02S
           &A CHORD WHICH BEARSS 70D 12M 59S W 119.97 FT TO POB

                                                   AND

                 CITY OF MUSKEGONREYISED PLAT OF 1903LOT I BLK !58

                                                   AND

  CITY OF MUSKEGONREVISED PLAT OF 1903S 36 FT OF LOT 4 & ALL OF LOT 5 BLK
                                 !58

                                                    AND

 CITY OF MUSKEGONREVISED PLAT OF !903SLY 40 FTOF WLY 75FT LOT 8 BLK 170




0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc   5
                                           CITY OF MUSKEGON
                                          NOTICE OF ADOPTION

Please take notice that on November 22, 2005, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of the
following property from B-4 "General Business" to WM "Waterfront Marine":

                                               See Attachment A

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

       This ordinance amendment is effective ten days from the date ofthis publication.

                                          '2005                 CITY OF MUSKEGON

                                                                By __~~-=~~~~~-----­
                                                                     Gail A. Kundinger, MMC
                                                                     City Clerk



PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




              0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc   4
                                     Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                       REGULAR MEETING

                                          November 10, 2005



Hearing; Case 2005-44: Staff initiated request to rezone the properties at 599,
545, 625, & 635 Ottawa Street and 535, 575, and 630 E. Western Avenue
from B-4, General Business to WM, Waterfront Marine.

BACKGROUND

Applicant:                              City of Muskegon

Property Address/Location: Multiple properties on Ottawa Street and Western
                           Avenue (see above)

Request:                                Rezone from B-4 , General Business, to WM,
                                        Waterfront Marine

Present Land Use:                       Commercial watercraft sale, serv1ce, and storage;
vacant

Zoning:                                 B-4, General Business.


 1. The subject properties are located adjacent to a WM, Waterfront Marine
    zoning district.
 2. Properties to the Northeast, and South are zoned B-4, with the WM district
    located to the North/Northwest. Properties to the Southwest are zoned B-2.
 3. A parcel of City-owned property was sold earlier this year to Sportfisherman' s
    Center for use as outdoor storage of boats.
 4. Uses in the area are more compatible with the WM district that what is
    generally located in a B-4 district. With this area being so close to the
    lakefront, it makes sense to have marine type commercial businesses located
    here.
 5. The Master Plan's Future Land Use Map shows this area as "Commercial",
    with waterfront marine commercial uses not specifically listed as a separate
    use.
6. Rezoning of this property would bring certain properties located within the
   rezoned area into zoning compliance, thus making any expansion or sign
   issues easier to deal with.


0:\Planning\COMMON\Zoning\City Commission Items\rczonc\Approve\2005 Approvals\599 Ottawa etc .. doc   6
7. Staff has received no comments regarding this request.




                                     Sportfisherman 's Center




                    599 Ottawa Street                                           575 Ottawa Street




                        View of the Sonth end of 599 Ottawa Street




0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc   7
                                Muskegon County Lift Station Building


City of Muskegon
                                                                                                                        .
Planning Commission
Case# 2005-44
                                                                                                                     ·-<?-·
                                                                                                                        .

                                                                                       1!111 ~ Sub)~e!Property(>u)
                                                                                        0- t<otioeAr ..




                                                         1400 Ful




     0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\599 Ottawa etc .. doc                 g
RECOMMENDATION
The 1997 Master Plan Future Land Use Map shows the subject area as
"Commercial". Since the uses in the area will remain commercial in nature by
providing services necessary to a Waterfront Marine district, staff recommends
approval of the request to rezone the subject properties from B-4 to WM because
the request conforms to the goals and recommendations of the City's1997 Master
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 ofthe petition?

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

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

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

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

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

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

                   a.        Is the parcel small in size relative to its surroundings?
                   b.        Would the zoning change allow uses that are inconsistent
                             with those allowed in the vicinity?
                    c.       Would the zoning change confer a benefit to the property
                             owner that is not generally available to other properties
                             in the area?


0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approvc\2005 Approvals\599 Ottawa etc ..doc   9
                    d.        A spot zone is appropriate if it complies with the Master
                              Plan.


DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 599, 545, 625, & 735
Ottawa Street and 535, 575, & 630 E. western Avenue from B-4, General
Business district to WM, Waterfront Marine district, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant
to the City of Muskegon Zoning Ordinance, and the determination of
(compliance/lack of compliance) with the intent of the City Master Land Use
Plan and zoning district intent.




0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approva\s\599 Ottawa etc .. doc   10
               Commission Meeting Date: November 22, 2005




Date:         November 14, 2005
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development            c...RJV
RE:           Rezoning request for property located at 896 Home Street


SUMMARY OF REQUEST:

Request to rezone property located at 896 Home Street from R-1 One Family
Residential to RM-3 High Density Multiple-family Residential.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends denial of the request due to lack of compliance with the future land
use map, Master Land Use Plan and zoning district intent.

COMMITTEE RECOMMENDATION:

The Planning Commission voted to recommend denial of the request at their 11/10/05
meeting. The vote was unaimous with J. Aslakson and T. Michalski absent.




11/14/2005
                                      CITY OF MUSKEGON

                                       RESOLUTION #2005- 107 (h)

                     RESOLUTION OF DENIAL FOR REZONING REQUEST

WHEREAS, a request to rezone property located at 896 Home Street was considered by the Planning
Commission, and;

WHEREAS, a public hearing on the request was held by the Planning Commission on November 10,
2005, and;

WHEREAS, the Planning Commission recommended denial ofthe request because it is not consistent
with the future land use map, Master Land Use Plan and zoning district intent.

NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.

Adopted this 22nd day ofNovember, 2005.

        Ayes : Ga\vron, Larson, Shepherd, Spa taro, Wa rrnington, Carter,
               and   Davis
        Nays: None

        Absent:    None




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 regular meeting held
on November 22, 2005.

                                                       Gail A. Kundinger, MMC
                                                       City Clerk




                                                                                                      2
                                          Staff Report
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING

                                         November I 0, 2005


Hearing; Case 2005-46: Request to rezone the property at 896 Home Street from R-1, One
Family Residential to RM-3, High Density Multiple Family Residential by James R. Duncan,
Jr., Muskegon Adult Foster Care.

BACKGROUND

Applicant:                     James R. Duncan, Muskegon Adult Foster Care

Property Address/Location:    896 Home Street

Request:                       Rezoning from R-1, One Family Residential to RM-3, High Density
                               Multiple Family Residential

Present Land Use:              Church

Zoning:                        R-1, One Family Residential

STAFF OBSERVATIONS
1. The subject property is currently operating as Central Assembly of God Church. At one time a
   school also operated on the property that was run by the church.
2. The property is for sale and Pastor Duncan's church is interested in purchasing it for use as a
   church with a portion of its use being an adult foster care large group home. This would allow for
   up to 20 residents.
3. Pastor Duncan also stated that their future plans may include some senior citizen housing on the
   site, but where that would be located isn't indicated on the site plan that was presented to staff.
4. Properties to the North, East and West are zoned R-1, One Family Residential. To the South of
   the property is a strip of OSC, Open Space Conservation.
5. The Zoning Ordinance in its preamble states: "The RM-3 High Densith Multiple Family
   Residential Districts are intended to be located in planned areas in and adjacent to the Muskegon
   Central Business District ..." This language seems more appropriate for development of multiple
   unit apartment houses, where the population would be served by central business services rather
   than adult foster care residents.
6. The property is located in Marquette Neighborhood. This area has been experiencing a rebirth of
   new housing since the early 1990s. During this time approximately 100 new single-family homes
   have been built in this neighborhood.



                                                                                                     3
7. Although adult foster care is residential in nature, it is also a business for those running it. It
    increases the residential density of the site, requires employees, and increases traffic in the
    vicinity.
8. Of the 28 adult foster care homes located in the City, 6 of them are located within the Marquette
    Neighborhood.
9. Staff suggested that Pastor Duncan meet with the Marquette Neighborhood Association to let
    them know of their plans for the property and seek feed-back from the neighborhood residents.
10. Adequate parking is available on site for the adult foster care use.
11. Staff has received no comments on this request.




    View of the Church from Home Street                 View of the rear of the church from Oak Ave.




View of the building to be used for adult foster care



                                                                                                         4
     City of Muskegon
                                                                                                                    .
     Planning Commission
     Case# 2005-46
                                                                                                                 ·-<?-·
                                                                                                                    .

                                                                                 IIIII- SubjociProperty(lu)
                                                                MC
                                                                                  0 - l!olloe Aru



                                                                       R·l•    Single-r~milf   Rulduti•l
                                                                       B-2"'   Convonl•n~o & Comp~rlson    Buolne••
                                                                       B-4- Guu•IBu•inou
                                                                       ~~C" Medk<•IC•r•
                                                                       OSC • Open Sp••• Consorv•Hon




                                                1400 feel




RECOMMENDATION

The 1997 Master Plan Future Land Use Map identifies the property as "public/quasi-public". The
Master Plan also states: "It is the goal of the Master Plan to maintain the residential integrity of the
sub area ... ". Since maintaining single family homes was the intent of this language, and also taking
into consideration the number of other adult foster care homes already located in the Marquette
Neighborhood, staff recommends denial of the rezoning request.

DELIBERATION

Criteria-based questions typically asked during a rezoning include:

1.       What, if any, identifiable conditions related to the petition have changed which justify the
         petitioned change in zoning.
2.       What are the precedents and the possible effects of precedent that might result from the
         approval or denial of the petition?




                                                                                                                          5
3.      What is the impact ofthe amendment on the ability of the city to provide adequate public
        services and facilities and/or programs that might reasonably be required in the future if the
        petition is approved
4.      Does the petitioned zoning change adversely affect the environmental conditions or value of
        the surrounding property?
5.      Does the petitioned zoning change generally comply with the adopted Future Land Use
        Plan of the City?
6.      Are there any significant negative environmental impacts which would reasonably occur if
        the petitioned zoning change and resulting allowed structures were built such as:

        a.      Sul"face 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 appropl"iate if it complies with the Master Plan.



DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 896 Home Street from R-1, One Family
Residential district to RM-3, High Density Multiple Family district, as described in the public notice,
be recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the
City Master Land Use Plan and zoning district intent.




                                                                                                     6
Date: November 8, 2005
To:     Honorable Mayor and City Commissioners

From: Finance Director
RE:     Defined Contribution Retirement Plan for New Hires (Fire, Non-Union)



SUMMARY OF REQUEST: The city commission has previously approved a contract with the
firefighters union that includes provision for new hires to be members of a defined contribution retirement
program in lieu of membership in the defined benefit police and fire retirement system. The new fire DC
plan calls for a fixed city contribution of 10% and an employee contribution of 6% of wages. Present
employees may also join the DC plan on an elective basis during a window period.

We are also recommending at this time implementation of a similar plan for new non-union employees.
The outline of the program is the same except for lower contribution rates (6% city; 3% employee)
reflecting the fact that these employees are covered by social security (fire employees are not).

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.

BUDGET ACTION REQUIRED:                   None at this time.

STAFF RECOMMENDATION:                   Approval.

COMMITTEE RECOMMENDATION:                        None.




                                                                                             1
                                                        City of Muskegon
                                                   Muskegon County, Michigan
                                                 Ordinance Amendment No. 217 2


 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:
                            (I) Contractual employment;
                            (2) Employment compensated on a fee basis;
                            (3) Employment as an elected official; and
                            (4) Employment as a policeman or fireman as defmed 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 become employed by the City afier 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) W The board of trustees shall decide all questions concerning the membership
status of any person.

                   The city manager may elect to be excluded from membership in the retirement
               (/) fe}
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:
                   (I) 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.



C:\Do~;umcnts and Settings\bocs\j\Lncal Settings\Temporary Internet Files\OLKB\CH0452.DOC'
                              (3) Ifthe city manager elects to be excluded from membership in the
                              retirement system, the city manager may not revoke that election nor be~;ome
                              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 credit;? service shall be forfeited unless he elects to be
                              deferred under subsection (~)(4)d . ofthis 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.          -A
                                         d.    Instead of proceeding under subsections (.e)(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 time of the election. In such case, no withdrawal of employee
                              contributions shall be allowed.

This ordinance adopted:


            Ayes:          Gawr o n, Larso n, Sheph erd , Spataro, Wa r mington , Carter, Davis
            Nays: __~N~o~n~e~-------------------------------------------------


Adoption Date:                         November 2 2, 2005
EffectiveDate:              December 13, 2005
First Reading:             November 8 , 2005
SecondReading:                  November 22, 2005

                                                                                   CITY OF MUSKEGON


                                                                                   By        Jla:;_t
                                                                                         Gail A. Kundinger, MMC
                                                                                         City Clerk


C:IDotumenls and Scllingslboeslj\ Local Sellinb>siTemporary Jntcmct FilesiOLKB\CJi0452.DOC
                                                                 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 of the
City Commission on the d 'Cb day of f) ~ , 2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City ofMuskegon. 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:                  I\ ~ 23           , 2oos


                                                                Gail A Kundinger, MMC
                                                                Clerk, City of Muskegon

Publish:              Notice of Adoption to be published once within ten ( 10) days of final adoption.




C:IDocumcnls and Scllinb'Sibocslj\Local SellingsiTcmporary l nlemel Files10LKBICH0452.DOC
                                                       CITY OF MUSKEGON
                                                      NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


        Please take notice that on                    ~/cm/.•c
                                               dc2, 2005, the City Commission of the City
of Muskegon adopted an amendment to Section 62-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:


          (d) The membership of the retirement system shall not include city non-union
employees who become employed by the City qfter July I, 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 I, 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 (I 0) days from the date of this publication.


                                                                                 CITY OF MUSKEGON


Published:          /Jece~rJJ~r             ..3 , 2005                          By~~~--~--~~~-=~
                                                                                     Gail A. Kundinger, MMC, Its Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




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                                                         City of Muskegon
                                                    Muskegon County, Michigan
                                                  Ordinance Amendment No. 217 3


 THE CITY OF MUSKEGON HEREBY ORDAINS:


 Chapter 62-233 of the Code of Ordinances of the City of Muskegon concerning the Police-Fire
 Retirement System is amended to state as follows:

            (a)         The membership of the retirement system shall include all police officers and
                        firefighters who are in the employ of the City and all police officers and
                        firefighters who become employed by the City, except as provided in subsection
                        (b) of this section.

            (b)         The membership of the retirement system shall not include:

                        (I)        Temporary or civilian employees of the police or fire departments;

                       (2)         Special officers or special firefighters;-61'

                       (3)         Privately employed police officers or firefighters;

                       (4)         All unionized firefighters who become employed by the City as firefighters
                                   after December 31, 2004;

                       (5)         All unionized firefighters 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; or

                       (6)         All non-unionized police officers and firefighters who become employed
                                   by the City as police officers or firefighters qfter July 1, 2005.

           (c)         Except as provided in subsection (d) of this section and except for the purpose of
                       subsection 62-234(c), should any member cease to be employed by the City as a
                       police officer or a firefighter he shall thereupon cease to be a member.

           (d)         A member who remains in the employ ofthe City but ceases to be a police officer
                       or a firefighter shall remain a member of the retirement system for the duration of
                       his city employment. A member who retains membership in this retirement
                       system pursuant to Section 62-233(d) shall be required to make contributions and
                       is afforded retirement benefits as if the member had not left employment within
                       the Police or Fire Department.




G:\EDSI\FILES\00 I 00\0 182\0RD IN\CF824 9. DOC
            (e)        In any case of doubt as to the membership status of any person the board shall
                       decide the question within the meaning of the provisions of this article.

 This   ordin~ce       adopted:


           Ayes:           Gaw-ron 1 Larson 1 Shepherd 1 Spa taro 1 Warmington 1 Carter 1 Davis
           Nays: __~~~-----------------------------------------------


Adoption Date:             November 2 2 1 2005
EffectiveDate: December 131 2005
First Reading:             November 8 1 200 5
Second Reading:              November 221 2005



                                                           CITY OF MUSKEGON


                                                           By ~~~~~~~~~~~
                                                               Gail A. Kundinger, MMC
                                                               City Clerk




G :\EDSI\FILES\00 100\0 182\0RD!NICF8249.DOC
                                                .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

City Commission on the .::2 d-. day of       ~   n               ,
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
                                                             2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:             J! - 2_~            , 2005



                                                Gail A. Kundinger, MMC
                                                Clerk, City of Muskegon

Publish:           Notice of Adoption to be published once within ten ( 10) days of final adoption.




G:\EDSI\FILES\00 I00\0 18210RDINICF8249 .DOC
                                                   CITY OF MUSKEGON
                                                  NOTICE OF ADOPTION

 TO: ALL PERSONS INTERESTED


         Please take notice that on              !lkvcmhec
                                                   o(;;_ , 2005, the City Commission of the City
 of Muskegon adopted an amendment to Section 62-233, Retirement System Membership, under
 the Police-Fire Retirement System ordinance of the City of Muskegon, summarized as follows:

            (b)        The membership of the retirement system shall not include:

                       (1)        Temporary or civilian employees of the police or fire departments;

                       (2)         Special officers or special firefighters;-&

                       (3)        Privately employed police officers or firefighters;

                       (4)        All unionized firefighters who become employed by the City as firefighters
                                  after December 31, 2004;

                       (5)        All unionized firefighters who elect to take part in the City's defined
                                  contribution retirement system effective January 1, 2006; or

                       (6)        All non-unionized police officers and firefighters who become employed
                                  by the City as police officers or firefighters after July 1, 2005.

        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 (I 0) days from the date of this publication.


                                                                 CITY OF MUSKEGON


Published:          /)e-cun be r             3 , 2005            By__~~~~~~--~~-
                                                                   Gail A. Kundinger, MMC, Its Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




G:\EDSI\FILES\00 I00\0 182\0RD IN\CF824 9 .DOC
                  Commission Meeting Date: November 22, 2005




Date:         November 15, 2005
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development              cfoC..-
RE:           Public Hearing - Request for an Industrial Facilities Exemption
              Certificate - ADAC Plastics



SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, ADAC Plastics, 1801 Keating, has
requested the issuance of an Industrial Facilities Exemption Certificate for the property
located at 1801 Keating, Muskegon. The total capital investment is approximately
$666,454.00 in personal property and $33,409.00 in real property. This request qualifies
ADAC Plastics for a term of twelve (12) years for real property and nine (9) years for
personal property.



FINANCIAL IMPACT:

The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of twelve (12) years for real property and nine (9) years for personal property.



COMMITTEE RECOMMENDATION:

None




11115/2005
                                               Resolution No.    200 5-l 08 (a)

                                          MUSKEGON CITY COMMISSIQ_N

                            RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                             OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                                  ADAC PLASTICS

WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on February
     27, 1997, this Commission by resolution established an Industrial Development District as
     requested by ADAC Plastics, 1801 Keating, Muskegon, Michigan 49441; and

WHEREAS, ADAC Plastics has filed an application for the issuance of an Industrial Facilities Tax Exemption
     Certificate with respect to a building expansion and new machinery and equipment to be installed within
     said Industrial Development District ; and

WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
     November 22, 2005, at the Muskegon City Hall in Muskegon, Michigan at 5:30p.m. at which hearing
     the applicant, the assessor and representatives of the affected taxing units were given written notice
     and were afforded an opportunity to be heard on said application; and

WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
     to retain, create, or prevent the loss of employment in Muskegon, Michigan; and

WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
     not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
     property thus exempted.

NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
      Michigan that:

           1) The Muskegon City Commission finds and determines that the Certificate considered together with
              the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
              the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
              not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
              financial soundness of a taxing unit which levies ad valorem property taxes in the City of
              Muskegon.

           2) The application of ADAC Plastics, for the issuance of an Industrial Facilities Tax Exemption
              Certificate with respect to the building expansion and installation of new machinery and equipment
              on the following described parcel of real property situated within the City of Muskegon to wit:

                CITY OF MUSKEGONPORT CITY INDUSTRIAL CENTER PART OF LOT 15 DESC AS COM AT
                NE COR OF SAID LOT FOR POB, TH S 01D 10M 38S W (RECORDED ASS 01D 12M 30S W)
                ALG ELINE OF SAID LOT A DIST OF 435 FT TH S 86D 57M 07S W A DIST OF 430.32 FT TH N
                87D 40M 25S W A DIST OF 532.92 FT TO THEW LINE OF SAID LOT TH N 01 D 01 M 46S
                E(RECORDED AS N 01D 03M 06S E) A DIST OF 441.18 FT TO THEN LINE OF SAID LOT, TH
                S 89D 42M 20S E ALG SAID LINE A DIST OF 963.22 FT TO POB. CONTAINS 9.93 ACRES


           3)   The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
                effect for a period of nine (9) years on personal property and twelve (12) years on real property.




11115105
Adopted this 22nd Day of November 2005.


Ayes: Shepherd 1 Spa taro 1 Warmington 1 Carter 1 Davis 1 Gaw·ron 1 and
      Larson
Nays: None

Absent:    None




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular me ting held on No mber 22, 2005.




11/15/05
Nov 08 05 04:35p               Cit~     of    Musk~gon         Planning       231    724 6780                          p.2




                                      Q1NTR/\CT FOR 'lAX ARATr.ME]\IT
                                          Act 1\!8 Public Act:; of 1074

                                                                                                                         '   '~     .. ,
             A<.il{ FEMENT betwet:n CITY Of MUSKF.CiON, a municipal ~;oqloration of <)13 Terrace
    Strcc•t, Muskegon, Michigan 49441, ("City") and ADAC Plasti<:s ("Company").

                                                          Recitals:

    A.       The Company has applied to City tor the establbhml'lll of an industlial development district or
    industrial rch;~bil itation district pursuant to the provisiuns or Act 198 ofthe Public Acts of 1974, as
    amend<::<.!, which act requires a contract between the City and the Company to be agn.;~;d and submitted
    with th<: Company's subsequent anticipated applicoation tor an industtial t;;cililks cxcnlption
    <:crtillcatc.

   1:3.     That in acldition to the statutory rcquir(,Jll(:nt, the City has d<:tcnnined that it is in the be:;t
   intc:rc8ts of the taxpayers, properly owners and rcside11ts of the City thatthi~ Agre(am~nt be approwd
   and executed prior to the <;;~tablishmcnt of the requested district, and the City deems this Contract,
   together with the L'(mditions set fi:>rth in the said Act to com:litutc a neccsswy element in the City'~
   dctem1ination whether or not t(> create the district.

   C.      The Company in tenets to install th<: project set fo1th in its application ("projc<:t") which it
   bdi<:VCS qua!illes t(.r the process of I:Slab]ishing the district and the application l(>r indL!Stria! facilitieS
   ex<::mption C(:rtificme.
                                                                                                                         '<       '•/•



   D.       The City, provided this A!,'T<;:Cment is executed, will detenninc whether to create the district
   based upon the potential fbr the produc:tion of penn anent jobs, the continuation, stabili7:ation or
   increase of economic a<:tivity, planning and zoning considerations and the City's general plan and
   intentions regarding c<:unomic development. In addition to the City policy considerations and
   predictions that the Company's proposed district and cerlilicatc benellt the community in those ways,
   the City has ti.nther d~;tcnnin(:d that the contractual comElitmems made by the Company to thereby
   assist the community shall be binding on the Company an<.ln~ccssary to continue the tax exemption
   made possibk by the ccrtitlcate.

   E.   This contract shall become           effc~tive   upon the issuance of an lndustl"inl Fncilities Tax
   Exemption Certificate.

           NOW THEREFORE THE PARTIES AGREE:

    I.     COMPANY ~rJREEMENT. The Company in·evocably commits tu the iHvcstmcnt, job
   retention nncl job creation promises made in its application, a copy of which is allfiChccl here!() and
   incorporated herein. lu particular the Company agrees:

           I. I Thal __SO%          ··-percent ol' th<: promised n~w jobs shall be in place with lull·timc:
                employees on or before Dec:ember 31~2<.~.~---' and            50%        percent of the ~aid
                jobs shall he in place with full tim<' employees on or before ~une 30, 20~ finally,
                100% of the jobs shall bt: lilkd ami in ex.istcnce with full-time employ~"'~ by a date no
                                                                                                              Pnge I
                               City of Muskegon
                               Industrial Facilities Exemption
                               Application


Project Summary:

        ADAC PLASTICS, INC., an existing manufacturing company located at 1801 Keating Avenue, Muskegon,
Michigan, is installing new machinery and equipment to expand its present operation. The company is a manufacturer
of engineered products, primarily for the automotive industry. Due to the fact that the company is investing $666,454 in
personal property, $33,409 in real property and is creating 20 new employment opportunities, it is eligible for a nine (9)
year exemption for personal property, and a 12 year exemption for real property.

Employment Information:

        Racial Characteristics:
                          White            323                  67%
                          Minority         158                  33%
                          Total           481
        Gender Characteristics:
                          Male             184                  38%
                          Female          297                   61%
                          Total           481
        Total No. of Anticipated New Jobs:            20

Investment Information:
        Real Property:                                $ 33,409
        Personal Property                             $666,454
        Total:                                        $699,864

Property Tax Information: (Annual)                    All Jurisdictions             Q!y_Onjy
        Total New Taxes Generated                     $ 17,846                      $ 3,849
        Value of Abatement                            $ 8,923                       $ 1,924
        Total New Taxes Collected                     $ 8,923                       $ 1,924

Income Tax Information: (Annual)
        Total Additional Income Tax Generated:         $6,240

Company Requirements:
        Adopted Affirmative Action Policy                                   No
        Meeting w/ City Affirmative Action Director                         No
        Signed Tax Abatement Contract                                 e     No




                                                                            :,
        Taxes Paid In Full                                            es)   No


                                                            ~
            'ngC


                                                      Ken  Jam~~
                                                      Affirmative Action Director




        11/15/05
                                                               ATTACHMENT TO IFT APPLICATION
                                                               Adac Plastics, Inc.
                                                               AlTACHMENT 14
                                                               AFFIRMATIVE ACTION/EEO POLICY




                                               Adac Plastics, Inc.
                                             Affirmative Action Plan


           Adac Plastics Muskegon Plant management will continue to work with the City of Muskegon's
           Affirmative Action Director and the Planning Department to review, maintain, and improve our
           Affirmative Action Plan.

                                                 Policy Statement
           It will be the policy of Adac Plastics, Inc. to provide equal employment opportunity in its
           workforce on the basis of merit and without discrimination because of race, color, religion, sex,
           national origin, age, disability, weight, height, veterans or marital status.

           A review of the company's workforce regarding minority and women will continue to be a
           priority as we continue to grow.

           The company will continue to strive to eliminate any and all barriers which may prohibit full
           participation from minorities and women in the workforce at Adac Plastics Muskegon plants.

           Adac Plastics Muskegon Plants will continue to recruit minorities and women from the greater
           Muskegon area to become part of the company in the future.

           Adac Plastics Muskegon Plants will continue to work to interview minority candidates and
           women who meet the minimwn qualifications to participate in the company's workforce.

           The above policy is hereby reaffirmed by:




                                               ~llif~~   erryWil ams
                                                        :President/Managing Director
                                                        Adac Plastics, Inc.
                                                        May 5, 2000




11115/05
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          November 22, 2005

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Fifth St., Campus Ave. to Merrill Ave.


SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Fifth St. from Campus Ave.
to Merrill Ave., and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$49,344.00 would be spread against the twenty seven- (27) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                      CITY OF MUSKEGON

                                  Resolution No.    2005-108 (b)


                          Resolution Confirming Special Assessment Roll

                          For Fifth St., from Campus Ave. to Merrill Ave.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 8, 2005, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the roll filed before or at the hearing.

THEREFORE, BE IT RESOLVED:

1.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (10) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                             FOR Fifth St., Campus Ave. to Merrill Ave.
Continued ...



3.      The Clerk is directed to endorse the certificate ofthis confinnation resolution and the
        Mayor may endorse or attach his warrant bearing the date of this resolution which is the
        date of confinnation.

This resolution passed.

Ayes:     Warmington, Carter, Davis, Gawro n, Larson,

          Shepherd, and Spataro

Nays: ___N_o_n_e____________________________________________________




                                                            . City ofMZ           ..oA
                                              By     ~           a.                  ae.·.
                                             CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act ofthe State of Michigan,
Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.




                                                   ~ityofMusk~                               .

                                              By                   0"               , ...
                                EXHIBIT A


             FIFTH ST., CAMPUS AVE. TO MERRILL AVE.


                   SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Fifth Street between Campus & Merrill
----------------------------------·-------------------~~



      EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




NO SCALE




                             WASHINGTON AVE.
                 FIFTH ST., CAMPUS AVE. TO MERRILL AVE.

                 MAYOR'S ENDORSEMENT AND WARRANT


I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON )

     TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
                        FOLLOWING:

               H-1599 Fifth St., Campus Ave. to Merrill St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE lOth DAY OF NOV MBER 2005.
                                                   Q_

SUBS~RIBED AND S'/kRN TO BEFORE ME THIS
  / jf  DAY OF    t~i:,~m  r be   , 2005.

c:tun:Jq zS) ' .~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   9'- ,2S- cJ (.,
November 10, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE



Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET


   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                              FIFTH ST., CAMPUS AVE. TO MERRILL ST.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $220,000.00 of which
$49,344.00 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2112 based on 66 feet assessable front footage at $32 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2112 Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                 First Installment: $211.2 PER YEAR
                                    Due Date: January 23rd, 2006
  The total assessment may be paid in full any time prior to the due date shown above
  without interest being charged. After this date, interest will be charged at the rate
  shown above on the outstanding balance. Assessments also may be paid over a ten
  year period in ten equal principal installments. If you pay your assessment in
  installments, your annual installment (including interest) will be included as a separate
  item on your property tax bill each year. Therefore, if you pay your property taxes
  through a mortgage escrow agent, you should notify them of this change. Early
  payments may be made at any time and are encouraged.

  PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
  HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
  LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
  PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
  WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
  INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

  If you have any specific questions about the work done please call the Engineering
  Department at 231- 724-6707 before the hearing date.

  Please refer to the enclosed sheet. entitled Special Assessment Payment Options for
  more information on the payment options and Application for Waiver of Special
  Assessment for financial assistance.


  Sincerely,

~~&,~,>~C<>(d:i-4~~~
  Mohammed AI-Shatel, P.E.
  City Engineer




  Enclosures
                     Special Assessment Payment Options

Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

       Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
       amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
       described below.

       Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
       plus applicable interest as described below.

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                                                         CITY OF MUSKEGON
                                                            FIFTH ST., CAMPUS AVE. TO MERRILL.- H-1599
                                                       CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
            .                                                ·.·                                                                                                                     . .·                                               ..                 ·..
                                                                                                                                                                                                                                                                                           .
                        ..
                                .   ..             .        . ·.·                                      . HOUSEHOLD INFORMATION                                                              .
                                                                                                                                                                                                                                 .·..           ·.                •.            ··.


      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 information)
      Number Living in Household:                                                                           List information for household members besides owner/spouse here.
      Name                                                                                                                 Birthdate                                                 Social Security # _ _-_ _-_ _
      Name                                                                                                                 Birthdate                                                 Social Security # _ _-_ _-_ _
      Name                                                                                                                 Birth date                                                Social Security # _ _-_ _-_ _
      Name                                                                                                                 Birthdate                                                 Social Security #                                               -                      -
                                                                       •• ·. .                                        ·.            ·.   .   .      .   .··   · ..                                                                                       ••••          .•
                                                                                                                                                                                                                                                                                           .
                                           ......                                          .. <                INCOME INFORMATION ·.·
                                                                                                                                                                                                                                                     •

i .•.. •··...      •. . ·•·.·        ·.·                     ·.··.•·                                                                                                       .................... ·... ·.···.· ···•··•·······
                                                                                                                                                                                                             ..
                                                                                                                                                                                                                                        .· ..


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

                                                                                                                                                 Wage earner:

                                                                                                                                                 Wage earner:

                                                                                                     Total:       $
                                                                                                      .
                                                                                                                                                                                                     .            ....      ..                                                        ..
                                                                                                                                                                                    >
                                                                                                                                                                                                              .         ·
                                                                                                                                                                                                .·
 ·.    •.                                               .                            . . ··.•. . ·     ..     PROPERTYINFORJ\IIATION······ ··.•.

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

  Homeowner's Insurance Co:                                                                                                                      Expiration Date:

  Property Taxes: ( ) Current                                                    ( ) Delinquent                       Year(s) Due
  (Property taxes must be cunent to qualify and will be verified by CDBG staff)
                                                                                                                                                                                                                                                         ......             ·.
                                                                                                                                                                                                             .. ·•·.·
                                                                                                                                                                                                                                                                       .
                                                                                                                                                                                    .•                   •        .·•        > ·.. ·                                                  ;.
                 .. ......   . ·.           ••••
                                                   ••                            .                            ·.. · OWNER'S SIGNATURE                                ·.·    ·.. ·               .                           .....
  Owner's Signature:                                                                            Date:
  By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
  that all information in this application, and all infonnation furnished in support ofthis application, is true and complete to the
  best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
  being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
            .
        . . . .. · . ·..
                  · ·     . : .·    ·.
                                    ·  . .  .                             ...
                                                     FOR OFFICE USE ONLY .•· · · · .·· · •··.  .      .....
                                                                                                      ..
                                                                                                                 .· · ..··.· ·. .· .                                                                                                    ...
 APPROVED ( )                                DENIED ( )                                        DATE                             CENSUS TRACT NO.

  SIGNATURE                                                                                                                     TITLE

  COMMENTS/REMARKS
                                                     **ATTENTION APPLICANT**
                Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                CITY OF MUSKEGON
                                       FIFTH AVE. CAMPUS AVE. TO MERRILL ST.
                                    REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

 Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
      may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
      Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
      program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
,/ Applicants must submit proof that their total household income does not exceed 65% of Area Median
   Income (see chmt 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
   income.
                                                        2004
                                               65% MEDIAN HOUSEHOLD INCOME CHART •.•

                                                  FAMILY SIZE                INCOME LIMIT

                                                         1                         $27,885
                                                        2                           31,850
                                                         3                          35,880
                                                        4                           39,845
                                                         5                          43,030
                                                         6                          46,215
                                                        7                           49,400
                                                         8                          52,585
                                                For each extra, add                  3,185

,/ Applicants must submit proof that they both own and occupy property at the time of application; Land
   Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
   a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
   document showing both your name and address.

,/ Applicants must submit proof of current pi'Operty insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and retum 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 Ci()l resen,es the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation.
                                        CITY OF MUSKEGON
                                    NOTICE OF PUBLIC HEARINGS
                             CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                         SPECIAL ASSESSMENT DISTRICTS:

                                FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
                                IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
                                                  AND
                              FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.


The location of the special assessment district and the properties proposed to be assessed are:

                         All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
                         All parcels abutting Ireland Ave. from Davis St. to Franklin St.
                                                         And
                       All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.

PUBLISH:         November 12, 2005                                    Gail Kundinger, City Clerk

                                                 ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:

                                              Gail A. Kundinger, City Clerk
                                         933 Terrace Street, Muskegon, MI 49440
                                         (231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice.doc
                                                                                                RECEIVED
                                                                                         CI1Y OF MUSKEGON
                                     CITY OF MUSKEGON
                                                                                               MAR 2 9 2005'
                                   Resolution No. 2005-25(d)
                                                                                      ENG~~EERING DEPARTMENT

               Resolution At First Hearing Creating Special Assessment District
                            For Fifth Street, Campus to Merrill
                   Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


RECITALS:

I.    A hearing has been held on March 8, 2005 at 5:30 o'clock p.m. at the City
      Commission Chambers. Notice was given by mail and publication as required by
      law.

2.    That estimates of costs of the project, a feasibility report and valuation and benefit
      information are on file with the City and have been reviewed for this hearing.

3.    At the hearing held March 8, 2005, there were 23.32% objections by the owners of the
      property in the district registered at the hearing either in writing received before or at the
      hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

I.    The City Commission has examined the estimates of cost to construct the project
      including all assessable expenses and determines them to be reasonable.

2.    The City Commission has considered the value of the property to be assessed and the
      value of the benefit to be received by each property proposed to be assessed in the district
      after the improvements have been made. The City Commission determines that the
      assessments of costs of the City project will enhance the value of the properties to be
      assessed in an amount at least equivalent to the assessment and that the improvement
      thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

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 determines to proceed with the improvements as set forth in the
      feasibility study and estimates of costs, and directs the City Engineer to proceed with
      project design, preparation of specifications and the bidding process. If appropriate and
      if bonds are to be sold for the purposes of financing the improvements, the Finance
      Department shall prepare plans for financing including submission of application to the
      Michigan Department of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Shepherd and 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 22.74% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro

       Nays: None


                                                            CITY OF MUSKEGON


                                                            By ~o. ~
                                                                  Gail A Kundinger, Clerk




                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 8, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON



                                                    By ib£d~
                                EXHIBIT A


             FIFTH ST., CAMPUS AVE. TO MERRILL AVE.


                   SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Fifth Street between Campus & Merrill
     EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




NO SCALE




                         WASHINGTON AVE.
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Fifth St. Campus Ave. to Merrill St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 25TH DAY OF FEBRUARY,
2005.                                           I           I
                                                           - ~~
                                        GAIL A. KUNDINGER, CITY C


SUBSCRIBED AND SWQRN TO BEFORE ME THIS
 otr:r~, DAY oF /7/c:r rcA       , 2oos.
~ g<j_              &f;A
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   7-o<<J-{J h
                                                               H 1599                         HEARING DATE     NOVEMBER 22,2005

                                        FIFTH ST., CAMPUS AVE. TO MERRILL ST.

                                             SPECIAL ASSESSMENT ROLL
                                                                                                                       DRAPP
PARCEL                 @                OWNER                        MAILING ADDRESS                        PAVING      /SW       TOTAL

24-205-387-0006-0    1288.0 5TH ST      WASHINGTON WILLIA 41 PUTANM ST SW         GRAND RAPID Ml 49507     $2,112.00    $0.00   $2,112.00

24-205-387-0006-1    1296.0 5TH ST       ENGLE REALTY          PO BOX 503         MUSKEGON    Ml 49443     $2,112.00    $0.00   $2,112.00

24-205-387-0007-0    1304.0 5TH ST       ROBERTS BEN JR        864 EMERALD ST     MUSKEGON    Ml 49442     $2,112.00    $0.00   $2,112.00

24-205-387-0007-1     248.0 MASON AVE    ROBERTS BEN JR        864 EMERALD ST     MUSKEGON    Ml 49442     $2,112.00    $0.00   $2,112.00

24-205-392-0006-0    1330.0 5TH ST       NELSON NBHD IMPRO 1330 5TH ST            MUSKEGON    Ml 49441     $2,112.00    $0.00   $2,112.00

24-205-392-0006-1    1336.0 5TH ST       SINGLETON JAMES L     3925 E APPLE AVE   MUSKEGON    Ml 49442     $2,112.00    $0.00   $2,112.00

24-205-392-0007-0    1346.0 5TH ST       MOORE INVESTMENT PO BOX 5377             MUSKEGON    Ml 49445     $2,112.00    $0.00   $2,112.00

24-205-392-0007-1    1352.0 5TH ST       JACKSON DOROTHY J 1352 5TH ST            MUSKEGON    Ml 49441     $2,112.00    $0.00   $2,112.00

24-205-397-001 0-0   1368.0 5TH ST       ELIJAH ISAIAH ET AL   1368 5TH ST        MUSKEGON    Ml 49441     $1,413.44    $0.00   $1,413.44

24-205-397-0010-1    1374.0 5TH ST       MORTGAGE ELECTRO 1270 NORTHLAND DR SAINT PAUL        MN 55120-1   $1,488.00    $0.00   $1,488.00

24-205-397-001 0-2   1378.0 5TH ST       MAYBANKS GEORGE       1378 5TH ST        MUSKEGON    Ml 49441     $1,578.56    $0.00   $1,578.56

24-205-397-0009-0    1384.0 5TH ST       WILLIAMS ELTON D      1384 5TH ST        MUSKEGON    Ml 49441     $1,504.00    $0.00   $1,504.00

24-205-397-0009-1    1388.0 5TH ST       COOPER IRENE          1388 5TH ST        MUSKEGON    Ml 49441     $1,386.56    $0.00   $1,386.56

24-205-397-0009-2    1392.0 5TH ST       BISSON RICHARD E      1392 5TH ST        MUSKEGON    Ml 49441     $1,525.44    $0.00   $1,525.44

24-205-388-0001-0    1285.0 5TH ST       BARNES CLIFFORD       829 TEMPLE SE      GRAND RAPID Ml 49507     $1,408.00    $0.00   $1,408.00

24-205-388-0001-1    1291.0 5TH ST       JENKINS EDDIE B       1291 5TH ST        MUSKEGON    Ml 49441     $1,408.00    $0.00   $1,408.00

24-205-388-0001-2    1297.0 5TH ST       BABBITT LYLE B/PHYL 1297 5TH ST          MUSKEGON    Ml 49441     $1,408.00    $0.00   $1,408.00

24-205-388-0012-0     260.0 MASON AVE    KING DAVID LODGE 20 PO BOX 1647          MUSKEGON    Ml 49443     $2,112.00    $0.00   $2,112.00


 11/23/2005
                                                                                                                         Page 1 of 2
                                                                                       H 1599                                                    HEARING DATE          NOVEMBER 22,2005

                                            FIFTH ST., CAMPUS AVE. TO MERRILL ST.

                                                     SPECIAL ASSESSMENT ROLL
                                                                                                                                                                                DRAPP
PARCEL               @                        OWNER                                             MAILING ADDRESS                                                     PAVING       /SW       TOTAL

24-205-391-0001-0   261 .0 MASON AVE              STEWART ETHEL                           261 MASON               MUSKEGON                       Ml 49441          $2,112.00     $0.00   $2,112.00

24-205-391-0001-1   1335.0 5TH ST                 HARRIS LUVENIA                          1335 5TH ST             MUSKEGON                       Ml 49441          $2,112.00     $0.00   $2,112.00

24-205-391-0014-0   1345.0 5TH ST                 WILLIAMS BOBBY J                        1345 5TH ST             MUSKEGON                       Ml 49441          $2,112.00     $0.00   $2,112.00

24-205-391-0013-1   1353.0 5TH ST                 HOWARD GREGORY C 1353 5TH ST                                    MUSKEGON                       Ml 49441          $2,112.00     $0.00   $2,112.00

24-205-398-0001-0   223.0 STRONG AVE              JENKINS GLEN                            223 STRONG AVE          MUSKEGON                       Ml 49441          $1,120.00     $0.00   $1,120.00

24-205-398-0001-1   1375.0 5TH ST                 DEUTSCH JOSEPH                          1375 5TH ST             MUSKEGON                       Ml 49441          $2,240.00     $0.00   $2,240.00

24-205-398-0014-0   1385.0 5TH ST                 WILLIAMS ELTON                          1385 5TH ST              MUSKEGON                      Ml 49441          $1,472.00     $0.00   $1,472.00

24-205-398-0014-1   1389.0 5TH ST                 PAAUWE JESSICA F                        1389 5TH ST              MUSKEGON                      Ml 49441          $2,240.00     $0.00   $2,240.00

24-205-398-0013-0   1403.0 5TH ST                 CROCKER JAMES D/K 1403 5TH ST                                    MUSKEGON                      Ml 49441          $1 ,696.00    $0.00   $1,696.00


                    TOTALS          . ... - ---        ..   ---- ---·   ----- --   ---- -- -               --- -- - -   ...   ----- ----- ---· ---             $49,344.00        $0.00 $49.344.00

                                                                                               PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl


                                                                                   BOARDO~SESSORS


                                                                           L/~~
                                                                          ~~u                                                      /q/~
                                LARRY MILLARD, WfN6 DIRECTOR, eJU TY                                    EQ'tf'~LI~~T'_::~                    DATE
                                                      {!~                             ~
                                                                                          /~      #      I~                                          y JtH"v-:;)._9:/ d-o o5
                                                      CLARA SHEPHE~r                              CITY COMM ISSIONER                         DATE


                                                       ~~0'~.
                                                     /STE~EN                GAWRON              CITY COMMISS IONER                            DATE
                                                                                                                                                     /Z-   ~   -   os-

 11 /23/2005
                                                                                                                                                                                  Page 2 of 2
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          November 22, 2005

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Ireland Ave., Franklin St. to Davis St.


SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Ireland Ave. from Franklin
St. to Davis St., and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of $25,995.57 would be spread against the twenty nine- (29) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                       CITY OF MUSKEGON

                                  Resolution No.     2005-lOB(c)


                          Resolution Confirming Special Assessment Roll

                          For Ireland Ave. from Franklin St. to Davis St.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 22, 2005, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the roll filed before or at the hearing.

THEREFORE, BE IT RESOLVED:

I.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (1 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                              FOR Ireland Ave., Franklin St. to Davis St.
Continued ...



3.      The Clerk is directed to endorse the certificate of this confirmation resolution and the
        Mayor may endorse or attach his warrant bearing the date of this resolution which is the
        date of confirmation.

This resolution passed.

Ayes: ___D_a_v__     G_a_w_r_o_n~,~L_a__
               i_s_,__                 r_s_o_n~,__S_h_e~p~h_e_r_d
                                                                ~ , __
                                                                     S~p_
                                                                        a_t_a_r_o~,~-----------

          Warmington, and Carter

Nays: ___N_o_n_e_____________________________________________________




                                                                CityofM~
                                                By     ~Q-                                 0~
                                              CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 ofthe Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.




                                                     .do .     CityofMus~
                                               By            .L       Q.               ~~
                           EXHIBIT A


              IRELAND, DAVIS TO FRANKLIN


             SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Ireland, Davis to Franklin
·--------------------                               ..___..


    EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




NO SCALE
                           SOUTHERN           AVE


                      I                 II          I
    ......
    Vl                I     FOREST
                                        II    AVE
                                                    I

                 >-
                 <(                     2:           <:
                 t3                     5;!          ~
                 ,~                     ~,          ,~
             I               DALE             AVE


             I   II                     II          I
    ~I
    Cl           II                     II          I
                            LARCH             AVE


             I   II                     II          I
             I   II       LAKETON AVE
                                        II          I
                 IRELAND AVE., FRANKLIN ST. TO DAVIS ST.

                 MAYOR'S ENDORSEMENT AND WARRANT


I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON )

     TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
                        FOLLOWING:

              H-1600 Ireland Ave., Franklin St. to Davis St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY ·
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON TilE I Oth DAY OF N~ER 2005.

                                               -    ~'           I



                                       GAIL A. KUNDINGER, CITY CLE


SUBSCRIBED AND SWORN TO BEFORE ME THIS
  / sr  DAY OF  IJc.
                 &. ~trul(c      , 2005.

~/fA RSi        ilk
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES  ! ~,;;s- oC
November 10, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET


  NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                             IRELAND AVE., FRANKLIN ST. TO DAVIS ST.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $104,000.00 of which
$25,995.57 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $876.94 based on 53.8 feet assessable front footage at $16.3 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $876.94 Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                 First Installment: $87.69 PER YEAR
                                    Due Date: January 23rd, 2006
CDBG Approved You Owe $0.00
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

 PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
 HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
 LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
 PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
 WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
 INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

 If you have any specific questions about the work done please call the Engineering
 Department at 231- 724-6707 before the hearing date.

 Please refer to the enclosed sheet entitled Special Assessment Payment Options for
 more information on the payment options and Application for Waiver of Special
 Assessment for financial assistance.


 Sincerely,

        !I              //
/ .J})t_/7 ?1?'/rrv~f;t//h<tv
                               tl
 M~hammed AI-Shatel,    P.E.
 City Engineer




 Enclosures
                       Special Assessment Payment Options

Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I.   Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

         Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
         amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
         described below.

         Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments
         plus applicable interest as described below.

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

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

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

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

     •   Be a citizen of the U.S.

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

     •   Have a special assessment of $300.00 or more.

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

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

II. 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
                                                                   IRELAND AVE., FRANKLIN ST. TO DAVIS ST .. H-1600
                                                                CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                                       ..

                            ...        ...       ··.             ....
                                                                .·                      ··.                 . . . HOUSEHOLD INFORMATION ..                                  :·· ..                                .
                                                                                                                                                                                                                      • .. ·

                                                                                                                                                                                                                       ··   ....
                                                                                                                                                                                                                                   .· . . ··
                                                                                                                                                                                                                                    ·.·                                     ·· . . . .

Name:                                                                                                                               Birthdate:                          Social Security # _ _-_ _-_ _
Spouse:                                                                                                                             Birthdate:                          Social Security # _ _-_ _-_ _
Address:                                                                                                                    Phone:                                                   Race:
Parcel#                                                                                                                                  Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household:                                                                                          List information for household members besides owner/spouse here.
Name                                                                                                                                Birth date                            Social Security# _ _-_ _-_ _
Name                                                                                                                                Birthdate                             Social Security # _ _-_ _-_ _
Name                                                                                                                                Birth date                            Social Security # _ _-_ _-_ _
Name                                                                                                                                Birthdate                             Social Security #                                                    -                    -
             .
                 ·..
                                  .          .    .
                                                                      •••
                                                                                                ·.·
                                                                                                                     .      .                     . ·.    .c . .·
                                                                                                                . :.· .. INCOME INFORJ\1ATION ...· ··.··>...                          ·.·..   ···....•..... ·                  ·.
                                                                                                                                                                                                                                               ......
                                                                                                                                                                                                                                                                    ..
ANNUAL Household Income:                                                                                                        $                  Wage earner:
(Must include all household income)
                                                                                                                                                   Wage earner:

                                                                                                                                                   Wage earner:

                                                                                                                                                     Wage earner:

                                                                                                            Total:          $

· .. ·     .           .·                              ..
                                                      .·                           ..                 •
                                                                                                                .·       PROPERTY INFORMATION                               ·.·•                .·.          . •••••••·•
                                                                                                                                                                                                             ••
                                                                                                                                                                                                                                                                          .··


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

Homeowner's Insurance Co:                                                                                                                           Expiration Date:

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

         .·· .
                  .·                  ··..
                                  · ....
                                                           .                ·..
                                                                                                                         ·. •. OWNER'S SIGNATURE ·•··                 < .·.··.. ..            >.                      ·..
                                                                                                            .
                                                                                                                                                                                                                               ... ... ··..
                                                                                                                                                                                                                                          ·        :·.   ············ ..··········.···.   .·
Owner's Signatnre:                                                                             Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
!hat all information in this application, and all infonnation furnished in support of !his application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
                 ...                                           .··                ·.                  ·..
                                                                                                                          FOR OFFICE USE ONLY                   ·.·      .··· .                       · ..
                                                                                                                                                                                                                                               .                ·· .. ·         .


APPROVED ( )                                                   DENIED ( )                             DATE                               CENSUS TRACT NO.

SIGNATURE                                                                                                                                TITLE

COMMENTS/REMARKS
                                                      **ATTENTION APPLICANT**
                 Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                CITY OF MUSKEGON
                                   IRELAND AVE., FRANKLIN ST. TO DAVIS ST. H-1600
                                      REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
  Note: You may receive this application several times- Ifyou have already applied, please discard.
Deat· Resident:
       The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
       may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
       Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
       program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
..I 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 CHART

                                                  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

..f 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 .

..I 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 fut"ther 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 f..pecial assessment confirmation,
the application is no Iunger valid. The City also resen1es the right to reject any applications that contains falsified information or insufficient
documentation.
                                         CITY OF MUSKEGON
                                     NOTICE OF PUBLIC HEARINGS
                              CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                         SPECIAL ASSESSMENT DISTRICTS:

                                FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
                                IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
                                                  AND
                              FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.


The location of the special assessment district and the properties proposed to be assessed are:

                          All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
                          All parcels abutting Ireland Ave. from Davis St. to Franklin St.
                                                          And
                        All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose ofthese hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.

PUBLISH:         November 12, 2005                                     Gail Kundinger, City Clerk

                                                 ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:

                                              Gail A. Kundinger, City Clerk
                                         933 Terrace Street, Muskegon, MI 49440
                                         (231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projccts\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice. doc
                                                                                          RECEIVED
                                    CITY OF MUSKEGON                                 CITY OF MUSKEGON

                                  Resolution No. 2005-35(a)                        L     APR 2g 2005
                                                                                  .ENGINEERING DEPARTMENT

              Resolution At First Hearing Creating Special Assessment District
                               For Ireland, Davis to Franklin
                  Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on March 22, 2005 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held March 22,2005, there were 56.41% objections by the owners of the
     property in the district registered at the hearing either in writing received before or at the
     hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

I.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

I.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Gawron and Spataro 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 38.23% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron

       Nays: None


                                                            CITY OF MUSKEGON


                                                            By ~G. L
                                                                  Gail A. Kundinger, Cle~




                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on Aprill2, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON
                           EXHIBIT A


              IRELAND, DAVIS TO FRANKLIN


             SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Ireland, Davis to Franklin
    EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




NO SCALE
                            SOUTHERN          AVE


                       I                 II         I
    f-
    (/)
                       I     FOREST
                                         II   AVE
                                                    I
                       I                 I
                 >-
                                         ~              ~
                 .q:
                 d

          I     I!            DALE
                                         ~I
                                              AVE
                                                    ,~

      I         II                       II         I
    ~I
    Cl
                II           LARCH
                                         II   AVE
                                                    I
          I     II                       II         I
          I     II         LAKETON AVE
                                         II         I
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                  Ireland Ave., Franklin St. to Davis St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE 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 II TH DAY OF MARCH 20




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  dJjM DAYOF     d,o c //        ,2005.

~ ~.                &0&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES        L
                         ~ ofl.J~tlb
                                                              H 1600                            HEARING DATE   NOVEMBER 22, 2005

                                         IRELAND AVE., FRANKLIN ST. TO DAVIS ST.

                                             SPECIAL ASSESSMENT ROLL
                                                                                                                     DRAPP
PARCEL               @                    OWNER                     MAILING ADDRESS                        PAVING     /SW          TOTAL

24-205-501-0010-0   1190.0 IRELAND AVE    FOSSLER GINA J      1190 IRELAND AVE     MUSKEGON     Ml 49441   $852.49    $0.00        $852.49

24-205-501-0017-0   1138.0 IRELAND AVE    CASHBAUGH DAVID R 1138 IRELAND AVE       MUSKEGON     Ml 49441   $850.86    $0.00        $850.86

24-205-501-0018-0   1130.0 IRELAND AVE    KING RHONDA K       1130 IRELAND AVE     MUSKEGON     Ml 49441   $850.86    $0.00        $850.86

24-205-502-0010-0   1110.0 IRELAND AVE    SPINERETE ENT       514 GRANT AVE        GRAND HAVENMI 49417     $876.61    $0.00        $876.61

24-205-502-0011-0   1102.0 IRELAND AVE    SEVREY PATRICIA A   11021RELAND AVE      MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0012-0   1092.0 IRELAND AVE    HOSSINK JAMIE/ANDR 1092 IRELAND AVE      MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0013-0   1086.0 IRELAND AVE    DONOVAN KEVIN J     1086 IRELAND AVE     MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0014-0   1078.0 IRELAND AVE    BLACKMER KEVIN J    1078 IRELAND AVE     MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0015-0   1070.0 IRELAND AVE    GRISHAM RAY E       1070 IRELAND AVE     MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0016-0   1060.0 IRELAND AVE    MONTE BETTY S       1060 IRELAND AVE     MUSKEGON     Ml 49441   $876.61     $0.00       $876.61

24-205-502-0017-1   1054.0 IRELAND AVE    JOHNSON CHARMION 10541RELAND AVE         MUSKEGON     Ml 49441   $815.00     $0.00       $815.00

24-205-502-0018-0   1645.0 FRANKLIN ST    GUSTAFSON KELLY A 1645 FRANKLIN ST       MUSKEGON     Ml 49441   $938.23     $0.00       $938.23

24-205-509-0009-0   1189.0 IRELAND AVE    GOULET WILLIAM K    516 GARDNER ST       MUSKEGON     Ml 49442   $852.49     $0.00       $852.49

24-205-509-0008-0   1181.0 IRELAND AVE    GRISWOLD KENNETH 2000 ROILSON ST         MUSKEGON     Ml 49441   $850.86     $0.00       $850.86

24-205-509-0007-0   1173.0 IRELAND AVE    BLOOMSTROM JOHN     1173 IRELAND AVE     MUSKEGON     Ml 49441   $850.86     $0.00       $850.86

24-205-509-0006-0   1169.0 IRELAND AVE    BARNES SCOTT        21786 VIRGINIA AVE   EASTPOINTE   Ml 48021   $815.00     $0.00       $815.00

24-205-509-0005-0   1159.0 IRELAND AVE    SIMA GREGORY W/CH 1159 IRELAND AVE       MUSKEGON     Ml 49441   $886.72     $0.00       $886.72

24-205-509-0004-0   1151.0 IRELANDAVE     SMITH RICHARD A     11511RELANDAVE       MUSKEGON     Ml 49441   $850.86     $0.00       $850.86


11/23/2005
                                                                                                                        Page 1 of 3
                                                              H 1600                        HEARING DATE   NOVEMBER 22, 2005

                                         IRELAND AVE., FRANKLIN ST. TO DAVIS ST.

                                             SPECIAL ASSESSMENT ROLL
                                                                                                                   DRAPP
PARCEL               @                    OWNER                     MAILING ADDRESS                     PAVING      /SW        TOTAL

24-205-509-0003-0   1145.0 IRELAND AVE    HEMPHILL STEPHANIE 1145 IRELAND AVE    MUSKEGON   Ml 49441    $850.86     $0.00      $850.86

24-205-509-0002-0   1137.0 IRELAND AVE    CASHBAUGHJAMES      1137 IRELAND AVE   MUSKEGON   Ml 49441    $850.86     $0.00      $850.86

24-205-509-0001-0   1131.0 IRELAND AVE    EVANS MONICAJ       11311RELANDAVE     MUSKEGON   Ml 49441    $850.86     $0.00      $850.86

24-205-508-0009-0   1109.0 IRELAND AVE    BROWN PHYLLIS       1109 IRELAND AVE   MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0008-0   1101.0 IRELAND AVE    GORTER KEITH/ANN    11011RELANDAVE     MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0007-0   1093.0 IRELAND AVE    MAYO FRED           1093 IRELAND AVE   MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0006-0   1085.0 IRELAND AVE    LOFGREN MARY        1085 IRELAND AVE   MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0005-0   1077.0 IRELAND AVE    DYER TC JRIAUDREY   1077 IRELAND AVE   MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0004-0   1069.0 IRELAND AVE    MATTHEWS GARY JRI 1069 IRELAND AVE     MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0003-0   1063.0 IRELAND AVE    JANSEN MICHAEL A    1063 IRELAND AVE   MUSKEGON   Ml 49441    $876.94     $0.00      $876.94

24-205-508-0001-0   1045.0 IRELAND AVE    BIGGS RANDY A       1045 IRELAND AVE   MUSKEGON   Ml 49441   $1,753.88    $0.00   $1,753.88




 11/23/2005
                                                                                                                     Page 2 of 3
                                       H 1600                           HEARING DATE      NOVEMBER 22, 2005

                         IRELAND AVE., FRANKLIN ST. TO DAVIS ST.

                             SPECIAL ASSESSMENT ROLL
                                                                                                 DRAPP
PARCEL        @           OWNER             MAILING ADDRESS                            PAVING     I SW        TOTAL

             TOTALS                                                                 $25,995.57    $0.00 $25,995.57

                                           PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl


                                     BOARD OE.ASSESSORS


                                  ~~                               12/1$/1~
                      LARRYMILLARD, ~R~=LIZATIDN                   / Z DA:   - =r


                             ~~~G~~N            CITYCOMMISSIONER      DATE



                             ~                                 /i- 'J0~C6
                                                                      DATE




11i23/2005
                                                                                                   Page 3 of 3
      11/21/2005 MON 1 5:56     FAX    Yale-LT Cust.      Service                                                             lil.lOOl/004




  j                Randy Biggs
.Ii                1045 1reland Ave.
                   Muskegon Ml, 49441
                                                                                                  ~~ECE~Vl:D
 l                 Email:    randy.biggs@cmworks.com
I                  Cell Phone: 231·740-3673                                                            NOV 2 1 2005
J
I
I

I          Fax
I
!                  To:      Muskegon City Commission                   From:    Randy Biggs

                   Fax:     231-722-1214                               Pagesz 4

                  Phone; 2 31 -724-6724                                Date:    11/21/2005

                  Re:       Special Assessment Hearing                 CC:




                  0 Urgent       0 For Review          0 Please Comment        0 Please Reply          0 Please Recycle


                  Muskegon City Commission,

                  Please find enclosed in this fax a letter stating my position on the recent maHing I received regarding a
                  special assessment hearing. I will be unable to attend the hearing but would like to still be heard. Also
                  enclosed is a copy of the document I received.

                  In letter in summary is declaring my disapproval for the special assessment.

                  If this was not the correct fax number for this document to be sent to, please forward to the appropriate
                  department.                                                      · '· ·

                  Thanks,

                  Randy Biggs




                                                                                                           .      RECE\V~~GON
                                                                                                               CITY OF MUS

                                                                                                                  NOV 21 2005
                                                                                                          ENGINEERING DEPA~TMENT
    11/21/2005 MON 15:56   FAX   Yale-LT Cust.    Service                                                      !<!1002/004




                                                                                                 11/21/2005
                Muskegon City Commission,

                This letter is my notification to express my opinion and disapproval for the special
                assessment for the Ireland Ave, Franklin St. to Davis St assessment.

I                I feel that if the City Commission did not budget enough money to pay for the project the
l
                 project should have been postponed until the City was financially prepared to cover the
                 costs. I am extremely frustrated with the city of Muskegon's poor planning becoming
I
'
                 the residents cross to bear. These continued 'assessment' costs passed down to residents
                 are making the area almost unaffordable to live in. Roughly four years ago, the City
                 came through and replaced sidewalks in my area. My assessment for that was
                 approximately $200.00 per year for 10 years, whlch I currently paying. Two years ago,
                 the City dug up Ireland Avenue to repair a broken water line. They also dug up my yard
                and terrace. In the process of the repair, they allowed dirt to get in the water line
                essentially plugging the line. Our water gage was damaged and had to be replaced. Our
                line to our washer was also filled with dirt causing the water level indicator to
                malfunction, filling our basement with water and costing us $100 in repair to the
                machine. When we contacted the city to come and .evaluate the situation, they just looked
                at it and remarked that ohe of the guys must not have flushed the line when turning the
                water back on and left, leaving us to clean up the mess.
               Then, thls early thls summer, the workers arrived yet again and tore up the sidewalk on
               Ireland all the way to Davis. Thls is the same sidewalk that they had replaced four years
               earlier and that I am still paying the assessment on. This work began one week before we
                the open house for our graduating boys. So we held an open house with our front yard
               and terrace tom up. We did receive a letter warning us about the last project to begin thls
               past July. Again tom up yard and terrace, no way into our driveway some days except by
               driving doW!J the sidewalk, trash in my yard from the construction workers (not just
               construction material, pop cans, water bottles, cigarette butts etc...), our water being used
               by the workers at their discretion, the rebuilding of my lawn for the 4<h time in the last
               four years. Of course, we are lucky enough to sit on a comer lot so we could experience
               double the inconvenience. The City did send us a letter stating that the best way to get
               the grass to grow where it needed to be replaced again was to water it daily... which, of
               course, will be at my expense for using my water to do thls.

               We currently pay over $2, 000 in annual property taxes; another $200 dollars for the first
               special assessment and my wife and I thls year will pay over $600.00 combined in City
               Income tax. With another special assessment that will bring the total to close to
               $3,000.00 ... For a $100,000 (max) house! I feel that. this is outrageous. Up and down
               the blocks in our area you can see the houses popping up for sale, two directly across the
               street from me. I suspect that this "assessment' is happening to more and more people
               and they are getting fed up. The residents of these areas are not making the kind of
               money that is being required to live in thls area. It is a decent area with good people but
               you are going to lose them. The City is begun promoting the 'Blight Fight', but this is all
               counterproductive to that task. What are your residents left to fight with?
               You will run the good people out and who knows who the next neighbor will be.

               Randy Biggs
               I 045 Ireland Ave.
               Muskegon,MI49441
    11/21/2005 MON 15:57                  PAX   Yale-LT Cust.     Service                                                       li1J003(004   04




        Affirmativi! Action
        (2311714-6703
I       FAX: (231)71:!-1214



I                                                                                                                                             01

I                                 November 10, 2005                                                                                           :t
       S~1}~'£t'!o~l:fartment
       FAX: (Z31)726·S617
                                                                                                                                              31
       Citv Manager                                                                                                                           ;
       (23!)714-6724
       FAX: (231}722-1214


      Civil Service
      1131\714-6716              BIGGS RANDY A
      FAX: {231)724-4405
                                 1045 IRELAND AVE
                                 MUSKEGON, Ml 49441                    29                                                                     Bl
      Clerk
      !131)724-6705                                                                                                                           H
      l<"'AX: (231)724-4178                                                                                                                   Fl
      Community and                                                                                                                           'U
        Nei!!h. Services         Property Parcel Number: 24-205-508-0001-00 at 1045.0 IRELAND AVE                                             'II
      12Jll'I24-67J7
      FAX: (231)7.26-2501


                                    NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL                                                      :g
                                 Dear Property Owner:

                                 The Muskegon City Commission has previously approved the project described below and will now
                                 consider final confirmation of the speeial assessment foU: • ·
                                                                                                   <> _,·
                                                              IRELAND AVE:; FRANKLIN St. TO DAVIS ST.

                                                                             Public Hearings

                                 A public connrmationhearing will be· held In theCitY 61 Muskegon Commission .Chambers on Tuesday,
     Income Tax                  NOVEMBER 22, 2005 at 5:30 P.M: You are entitled to.appear althis nearing, ·either in person, by agent
     ~'1Jl!ti'3fi'{f...,..       or In writing to express your opinion, approVal, orobjei:tion concerning the special assessment. Written
                                 appearances or objections must be made at or prior lo the hearing.

                                  YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
                                  EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
    Lei11ure Services             CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
    1231\7U6704
    FAX: (231)724-1196            CONFIRMATION TO FILE A WRITIEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334·
                                  6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
                                . OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
                                  TRIBUNAL WILL BE LOST ..

    Pl;mnini!IZoning
    llJll7Z«6701
    FAX: (231)714-6790
                                The final projected cost of the street improvement portion of the project is $104,000.00 of which
                                $25,995.. 97 wiU be paid by special assessment. If the special assessment is confirmed, your property will
                                be assessed $1753.88 .based on 107.6 feetassessable front footage at $! 6.3 per l!Ssessabi~J foot for,
                                the street improvem~nts. In addition, you will b~ assessed $0 ·rordrivewayapproach tmdlor sidewalk ·
    Publi~.:   Works Dept.      improvements made to your' property for a total special assessmsni cost Cif$1753.88 'Foliowing are the
    Vlll,'(,'i1{~ft-41BR        terms of the special assessment

                                                                 Assessment Period: Ten {10) Years
                                                                       Interest Rate: 5% {Jer year · ··
                                                                 First Installment: $175.39 PER YEAR
    ~f/ff!l~~'J\ O~pt.                                               Due Date: January 23rd, 2006
    FAX: (lJJ)724-6768


    \fJ'Jfr FiltnUiGn
    Vlr?li\1ff!s..sz9o
                                     City of Muskegon, 933 Terrace Street, P,O.J,!ox 536, Muslregon, MI 49443-0536
                                                                www.sborelmec1ty.com
TO:            Honorable Mayor and City Connnissioners

FROM:          Engineering

DATE:          November 22, 2005

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Franklin St., Laketon Ave. to Ireland Ave.


SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Franklin St. from Laketon
Ave. to Ireland Ave., and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$19,645.76 would be spread against the eleven- (11) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
                                       CITY OF MUSKEGON

                                  ResolutionNo. 2005-lOS(cl)


                          Resolution Confirming Special Assessment Roll

                        For Franklin St. from Laketon Ave. to Ireland Ave.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 22, 2005, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district, levying on each property a portion of the cost which has
       been determined to be appropriate, considering the improvements, the benefit to the
       assessed properties, and the policies of the City.

3.     The City Commission has received final bids for the construction and/or installation of
       the improvements and determines it to be fair and reasonable.

4.     The City Commission has heard all objections to the roll filed before or at the hearing.

THEREFORE, BE IT RESOLVED:

1.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (10) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                           FOR Franklin St., Laketon Ave. to Ireland Ave.
Continued ...



3.      The Clerk is directed to endorse the certificate of this confirmation resolution and the
        Mayor may endorse or attach his warrant bearing the date of this resolution which is the
        date of confirmation.

This resolution passed.

Ayes:      Larson, Shepherd, Spa taro, Warmington, Carter,

           Davis, and Gawron

Nays:      None



                                                              City of Muskegon

                                              By    ~Q_=i(~

                                            CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 22, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on
this date, being November 22, 2005.




                                                    :A , CityofMus~e~                    ,

                                              By~~~O&l~~()~-~
                                                            ~~~~
                                                               ~~~~~>
                                                                                       0
                            EXHIBIT A


            FRANKLIN, LAKETON TO IRELAND

              SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Franklin, Laketon to Ireland
---~-----------------------------------------------~
       EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




 NO SCALE
                                     SOUTHERN          AVE


                                I                 II         I
       1--
       (/)
                                I     FOREST
                                                  II   AVE
                                                             I
                                I                 I
                 IRELAND                   AVE


             I             I~                                <::
                                                             0
                                                             §
                           ,~                                ::r:
             I                         DALE            AVE


             I             I
       ~I
       0
                           I          LARCH            A


             I             I
             I             I        LAKETON AVE
              FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.

                 MAYOR'S ENDORSEMENT AND WARRANT


I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
                      AFFIDAVIT OF MAILING


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON )

     TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
                        FOLLOWING:

           H-1602 FRANKLIN St., Laketon Ave. to Ireland 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 MUS KEGON 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 1Oth DAY OF NOV MBER 2005.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  / sr  DAY OF /Jec.e. rn .6 ec  , 2005.

atnL~A sdJ.       &
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   9-.;;~-- o t;
November 10, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET



  NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                          FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.

                                            Public HeariflYJ?.

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 22, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $86,000.00 of which
$19,645.76 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1877.75 based on 64.75 feet assessable front footage at $29 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1877.75 Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                 First Installment: $187.78 PER YEAR
                                     Due Date: January 23rd, 2006
  The total assessment may be paid in full any time prior to the due date shown above
  without interest being charged. After this date, interest will be charged at the rate
  shown above on the outstanding balance. Assessments also may be paid over a ten
  year period in ten equal principal installments. If you pay your assessment in
  installments, your annual installment (including interest) will be included as a separate
  item on your property tax bill each year. Therefore, if you pay your property taxes
  through a mortgage escrow agent, you should notify them of this change. Early
  payments may be made at any time and are encouraged.

  PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
  HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
  LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
  PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
  WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
  INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL

  If you have any specific questions about the work done please call the Engineering
  Department at 231- 724-6707 before the hearing date.

  Please refer to the enclosed sheet entitled Special Assessment Payment Options for
  more information on the payment options and Application for Waiver of Special
  Assessment for financial assistance.


  Sincerely,

                        _iLll
-1JJ,,-J:1N???>t:Gf_ tl/f_
  Mohammed AI-Shatel, P.E.
  City Engineer




  Enclosures
                     Special Assessment Payment Options

Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

       Street and Alley Assessments- Ten ( 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
                                                                    FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
                                                                 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                                                                         ..                                 .. ·.
       ...                                       .                           .
                                                                                                       .

       ·                     .   .       .                        .    · ...  HOUSEHOLD INFORMATION               •.                                                                                                                                 ...
                                                                                                                                                                                                                                                     ·




  Name:                                                                                                                                    Birth date:                         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 information)
  Number Living in Household:                                                                                                 List infonnation for household members besides owner/spouse here.
 Name                                                                                                                                      Birth date                               Social Security # _ _-_ _-_ _
 Name                                                                                                                                      Birth date                               Social Security # _ _-_ _-_ _
 Name                                                                                                                                      Birth date                               Social Security # _ _-_ _-_ _
 Name                                                                                                                                      Birth date                               Social Security #                              -             -
. ·.
                        .                            :           . .         :
                                                                                     .
                                                                                         .   ..              .                > INCOME INFORMATION                      ..           ... ·· ..          ..       ..       .·   .
                                                                                                                                                                                                                                                               .. ·
                                                                                                                                                                                                                                                                 .·.·


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

                                                                                                                                                          Wage earner:

                                                                                                                                                          Wage earner:

                                                                                                                      Total:       $
                   ·.
                                 .           .
                                                         . ··.
                                                                 .          ..
                                                                                             ·..   ·
                                                                                                                     ·.        PROPERTYINFORMATION .••....                              · ..   ·.
                                                                                                                                                                                                    .

                                                                                                                                                                                                             .
                                                                                                                                                                                                                      ..
                                                                                                                                                                                                                      ·
                                                                                                                                                                                                                                                         :.·

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

 Homeowner's Insurance Co:                                                                                                                                Expiration Date:

 Property Taxes: ( ) Current                                                                               ( ) Delinquent              Year(s) Due
 (Prope1ty taxes must be current to qualify and will be verified by CDBG staff)
                   ·. .                                                •.                          .                          .• .. .  . . ·.. . .. c.:               .··
                                                                                                                                                                                                        ·•
           .···          ...
                        .·           ·                                      ..                                   .··. ··•··       OWNER'S SIGNATURE               . . . .· .. ·..
                                                                                                                                                                                        •                                          ··.·· .•...

 Owner's Signature:                                                                               Date:
 By signing this application, the applicant verifies he/she owus aud 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 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 USEONLY · ..      ·
                                                                                           ... ·.   .·.     .         .·· . .


 APPROVED ( )                                                    DENIED ( )                                       DATE                          CENSUS TRACT NO.

 SIGNATURE                                                                                                                                      TITLE

 COMMENTS/REMARKS
                                                       **ATTENTION APPLICANT**
                  Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                               CITY OF MUSKEGON
                               FRANKLIN ST., LAKETON AVE. TO IRELAND AVE. H-1602
                                   RE VEST FOR WAIVER OF SPECIAL ASSESSMENT
 Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected the street abutting your propetiy for repairs. To assist homeowners, who
      may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
      Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
      program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
v" Applicants must submit proof that their total household income does not exceed 65% of Area Median
   Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                          2005
                                             165% MEDIAN HOUSEHOLD INCOME CHART I
                                                 FAMILY SIZE                 INCOME LIMIT
                                                        1                         $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 verijj1 all application information. If current owner sells the home prior to the special assessment confirmation,
the application is no longer valid. The City also reserves the right to reject any applications that containsfalsified information or insufficient
documentation.
                                         CITY OF MUSKEGON
                                     NOTICE OF PUBLIC HEARINGS
                              CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                         SPECIAL ASSESSMENT DISTRICTS:

                                FIFTH ST., CAMPUS AVE. TO MERRILL AVE.
                                IRELAND AVE., DAVIS ST. TO FRANKLIN ST.
                                                  AND
                              FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.


The location of the special assessment district and the properties proposed to be assessed are:

                          All parcels abutting Fifth St. from Campus Ave. to Merrill Ave.
                          All parcels abutting Ireland Ave. from Davis St. to Franklin St.
                                                          And
                        All parcels abutting Franklin St. from Laketon Ave. to Ireland Ave.

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on November 22, 2005 at 5:30p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by
those persons to be assessed. The special assessment rolls are on file and may be examined during regular
business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on weekdays, except holidays.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE
ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS
SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings
is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.

PUBLISH:         November 12, 2005                                     Gail Kundinger, City Clerk

                                                 ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:

                                              Gail A. Kundinger, City Clerk
                                         933 Terrace Street, Muskegon, MI 49440
                                         (231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\FIFTH ST., CAMPUS TO MERRIL\Fifth SA Confirm Notice. doc
                                                                                     RECEIVED
                                                                                CITY OF MUSKEGON
                                    CITY OF MUSKEGON
                                                                                   APR 2 9 2005
                                  Resolution No. 2005-35(b)                  ENGINEERING DEPARTMENT
                                                                              ---~-,-~~-      ----l

              Resolution At First Hearing Creating Special Assessment District
                              For Franklin, Laketon to Ireland
                  Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

I.   A hearing has been held on March 22, 2005 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held March 22,2005, there were 57.79% objections by the owners of the
     property in the district registered at the hearing either in writing received before or at the
     hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

I.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Gawron and Spataro and the City Assessor who are hereby directed to
       prepare an assessment roll. Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 17.08% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission ofthe special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson

       Nays: None


                                                           CITY OF MUSKEGON



                                                           By    LO. La~
                                                                 Gail A. Kundinger, Clerk




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on April 12, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 ofthe Public Acts of 1976.

                                                    CITY OF MUSKEGON



                                                   By      rl&O ~~~w
                                                           Gail A. Kundinger, Clerk
                            EXHIBIT A


            FRANKLIN, LAKETON TO IRELAND

              SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Franklin, Laketon to Ireland
    EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




NO SCALE
                                  SOUTHERN            AVE


                             I                   II         I
    I--
    (/)
                             I     FOREST
                                                 II   AVE
                                                            I

              IRELAND                      AVE


          I             I~                                  ~
                                                            §
                        ,~
          I                         DALE              AVE
                                                            J::




          I             I
    ~I
    Cl
                        I          LARCH              AVE


          I             I
          I             I        LAKETON AVE
                       AFFIDAVIT OF MAILING


STATEOFMICHIGAN       )
                      ) ss
COUNTY OF MUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                Franklin St., Laketon Ave. to Ireland 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 DISTRJCT 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 11TH DAY OF MARCH 2 05.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
 d £+11 DAY OF       /Jtn'!       2005. ,
 ~ ~ - ~~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
0
MY COMMISSION EXPIRES    1 - ;(, S - (} 0
                                                             H 1602                        HEARING DATE     NOVEMBER 22, 2005

                                   FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.

                                            SPECIAL ASSESSMENT ROLL
                                                                                                                    DRAPP
PARCEL               @                   OWNER                     MAILING ADDRESS                       PAVING      /SW        TOTAL

24-205-508-0018-0   1046.0 DALE AVE      SILKY CHARLES E     1046 W DALE AVE    MUSKEGON   Ml 49441     $1,877.75    $0.00   $1,877.75

24-205-515-0001-0   1045.0 DALE AVE      0 CONNOR DONNA M 1045 W DALE AVE       MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-515-0018-0   1735.0 FRANKLIN ST   FISHER JENNIFER J   1735 FRANKLIN ST   MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-518-0001-0   1045.0 LARCH AVE     HARTMAN JILL        1045 W LARCH AVE   MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-518-0018-0   1046.0 LAKETON AVE   HARVEY FURMAN II    1795 FRANKLIN ST   MUSKEGON   Ml 49441     $1,847.01    $0.00   $1,847.01

24-205-507-0004-0   1027.0 IRELAND AVE   BOSS WILLIAM        1027 IRELAND AVE   MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-507-0005-0   1694.0 FRANKLIN ST   HOOS ROBERT C       1694 FRANKLIN ST   MUSKEGON   Ml 49441-2   $1,769.00    $0.00   $1,769.00

24-205-516-0004-0   1027.0 DALE AVE      BOUKAMP MARK        4864 BROOKDALE DR MUSKEGON    Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-516-0005-0   1028.0 LARCH AVE     HULKAJOHN W         1028 W LARCH AVE   MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-517-0004-0   1027.0 LARCH AVE     DOUTHWAITE DAVID/J 1027 W LARCH AVE    MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00

24-205-517-0005-0   1026.0 LAKETON AVE   HERSA LLC           1656 DIVISION ST   MUSKEGON   Ml 49441     $1,769.00    $0.00   $1,769.00




11/23/2005
                                                                                                                      Page 1 of 2
                                                 H 1602                         HEARING DATE   NOVEMBER 22, 2005

                        FRANKLI N ST., LAKETON AVE. TO IRELAND AVE.

                                  SPECIAL ASSESSMENT ROLL
                                                                                                     DRAPP
PARCEL        @               OWNER                   MAILING ADDRESS                      PAVING     I SW         TOTAL

             TOTALS                                                                     $19,645.76    $0.00 $19 ,645.76

                                                     PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl


                                             BOARD OF ASSESSORS



                      LARRY MILLARD,   A~E~~
                                            ~/
                                            R GOUNTY EQUALIZATION
                                                                              j7~f~
                                                                               y ~~

                                  & /~      fa
                                            GA RON
                                                     ~~                   /2-~ - o~

                                                          CITY COMMISSIONER    DATE

                                   ~~  ___/" - -0 / £~
                                  ?(A~CESPAT~ISSIONER
                                                       /1-JCJ- OS
                                                                               DATE




11/23/2005
                                                                                                        Page 2 of 2
  ,\rfirmati vc Action
  (231)724-6703
  FlA X: (231)722-1214


  ~W)·¥fr~tjh"8nliztJtion
  l~A X :   (231)726-5181
                                November 10, 2005
  g•JW~4~6~lf!'" rfmcnt
  FAX: (23 1)726-5617


  C ity Mana~er
  (231)724-6724                                                                       Cil):.    RECEi VED
  FAX: (231)722-12 14
                                                                                         v iTY OF MUSKEGON
                                HERSA LLC
  Civil Service
  (23 1\724-67 16
  FAX: (231)724-4405            1656 DIVISION ST
                                                                                               NOV 1 R 2005
                                MUSKEGON, Ml 49441                                   ENGINEERING DEPARTMENT
  Cieri<
  (231)724-6705
  FAX: (231)724- 4178


  Com.munify a.m1               Property Parcel Number: 24-205-517-0005-00 at 1026.0 W LAKETON AVE
r2~f1~~4:1W1ces_            -
  FAX: (231)726-2501


  Computer Info.                   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
  r2~HW4~~744
  FAX: (231)722-4301
                                Dear Property Owner:
  Engineering llc1tt.
  (231)724-6707
( FAX: (231)727-6904
                                The Muskegon City Commission has previously approved the project described below and will now
                                consider final confirmation of the special assessment roll:

  n~m24~1i~                                               FRANKLIN ST., LAKETON AVE. TO IRELAND AVE.
  FAX: (231)724-6768

                                                                            Public Hearings

                                A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
                                NOVEMBER 22, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent
  Income Tax
  (231)724-6770                 or in writing to express your opinion, approval, or objection concerning the special assessment. Written
  FAX: (231)724-6768
                                appearances or objections must be made at or prior to the hearing.

                                YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
                                EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
                                CONFIRMED NOVEMBER 22,2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
 Leisure Sen'ices
 1231)724- 6704
 FAX: (231)724-1196
                                CONFIRMATION TO FILE A WRITIEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
                                6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
                                OR IN WRiTiNG BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGA~~ TAX
                                TRIBUNAL WILL BE LOST.

 P1onnin1!1Zoning
 (231)724:6702
 FAX: (231 )724-6790
                                The final projected cost of the street improvement portion of the project is $86,000.00 of which
                                $19,645.76 will be paid by special assessment. If the special assessment is confirmed, your property will
 r;~~~~P.tR~51Jm•"'             be assessed $1769 based bn 61 feet assessable front footage at $29 per assessable foot for the street
 I~AX:   (231)722-5140
                                improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
     1
                                improvements made to your property for a total special assessment cost of $1769 Following are the
 h~~ 1~2\~~~~6 Dept.            terms of the special assessment:
 FAX: (231)722-4 188


 Treasurer's O ffi ce
                                                                 Assessment Period: Ten (10) Years
 1231)724-6720                                                        Interest Rate: 5% per year
 FAX: (231)724-6768
                                                                 Firstlnstallment: $176.9 PER YEAR
                                                                    Due Date: January 23rd, 2006


 Water Filtration
 (231 )724-4 106                                                                                                                        j 'l
 FAX: (231)755-5290
November 17, 2005


To whom it may concern:

      We protest the special assessment of$1769.00 for Parcel
Number: 24-205-517-0005-00 at Franklin St., Laketon Ave. to
Ireland Ave.
We just recently acquired the property that has been unoccupied
for the last 3 years. We do pay city taxes every year and feel that
the money should be used for street improvements.

Respectfully,

Jose Hernandez
Armando Salazar
ACTION SHEET

            Name        Action   Ayes   Nays

Vice Mayor Larson        5        ~
Commissioner Shepherd            v
Commissioner Spataro     rv\     v
Mayor Warmington                  v
Commissioner Carter               v/
Commissioner Davis                v/
Commissioner Gawron              v

COMMENTS:    j. ~       }j~
DATE:               November 10, 2005

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-050100-Tabled
                    09/27/05 for 30 days


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
765 Washington -Area 12 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-050100- 765 Washington

Location and ownership: This structure is located on Washington between Henry
and Beidler Streets and owned by Francisco Galindo, 1873 Whitehall Rd,
Muskegon, Ml 49445 on land contract with a Victor J. Rockafellow of 1450
Leahy, Muskegon, Ml 49442.

Staff Correspondence: A dangerous building inspection was conducted on
04/22/04. The Notice and Order to Repair was issued on 05/04/04. An interior
inspection conducted on 05/28/04. On 05/05/05 the HBA tabled case for 30 days
to allow owner to provide a time-line for repairs and schedule inspections. Case
brought back to HBA 06/02/05 and was declared dangerous, substandard and a
public nuisance with a 30 day delay before sending to commission.

Owner Contact: Victor Rockafellow was present for the HBA 05/05/05 meeting.
He stated he had put in a new foundation and purchased new windows and was
unaware that permits had expired. He said his plan was to install vinyl siding this
summer but all repairs would take about a year because of limited time and
resources. Henry Faltinowski stated only one inspection had been done and
there had been no contact with owner since that time and added a timeline
should have been set to complete repairs. Case came back before HBA 06/02/05
and Mr. Rockafellow was present. Henry Faltinowski stated all three trade
inspectors went out 05/12/05 and an report was sent out of all repairs needed.
He stated Mr. Rockafellow needs to provide a timeline if he wants to invest the
money because repairs are extensive. Nick Kroes asked based on the inspection
report how long would it take to resolve these issues. Mr. Rockafellow stated it
would take about 1 year, he could get the exterior done this summer and he's
trying to line up a plummer. There has been no contact from Mr. Rockafellow
since that time and the structure was sold on land contract 06/20/05 to a
Francisco Galindo who was sent all notices and inspections 08/17/05. Mr.
Galindo made note of the dangerous building status at a progress inspection for
another dangerous building he owns at 775 Washington but has not provided a
C:\Documents and Settings\Potter\Local Settings\Temponuy lntemet Filcs\OLK 1A\AGENDA - 765 Washington(2).doc page 1 of 2
timeline for repairs and no permits have been issued. The case was sent to the
Commission 09/27/05 and was tabled for 30 days so file could be updated. The
parcel has two addresses on it. An inspection was conducted 10/03/05 to
establish that 765 Washington is the address the was declared dangerous,
substandard and a public nuisance. There have been no permits issued and no
timeline provided for repairs.



Financial Impact:             General Fund

Budget action required:                 None

State Equalized value:                  $34,800

Estimated cost to repair:               $30,000

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, November 22, 2005.




C:\Documcnts and Scttings\Pottcr\Local Settings\Temporary Internet Fi!es\OLKI A\AGENDA- 765 Washington(2).doc page 2 of 2
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                        765 Washington

                                              4122/04


Inspection noted:

I.      Foundation wall repair needed around entire perimeter.

2.      Replace, scrape- paint all damaged siding- entire perimeter.

3.      Scrape & paint- repair all window frames.

4.      Replace damaged back porch.

5.      Replace broken glass.

6.      Structural damage to roof- provide rafter investigation.

7.      Remove collapsing shed.

8.      All handrails, guardrails must meet Michigan Residential Code 2003.

9.      Intetior inspection with building, plumbing, mechanical, and electrical inspectors
        required.

I 0.    All work requires construction petmits. These pennits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions 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
10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE



C:\Documcnts and Settings\Potter\Local Settings\Temporary ltltemet Files\OLKI A\765-Washington.doc
                            CITY OF MUSKEGON
                   DANGEROUS BUILDING INSPECTION REPORT
                                     Tuesday, September 20, 2005

Enforcement# EN050100          Property Address 765 WASHINGTON AVE
Parcel #24-205-412-0004-00     Owner Francisco Galindo

Inspector: Henry Faltinowski

Date completed: 05/12/2005

DEFICENCIES:

 Uncorrected
1. Steel boxes to bonded properly.
2. White ungrounded conductors to be re-identified.
3. Smoke alarm box in rear entry to be located properly.
4. Outlet boxes to be within 1/4" of non-combustible surface.
5. Dishwasher not to be on small appliance branch circuit.
6. Need plug by middle bedroom door
7. Check kitchen/dining room plug layout.
8. Need laundry outlet.
9. Fire stop verticle holes.
10. Rough in is about 75% done.
11. Furnace gas line should have drop leg.
12. Bathroom intact - no vent fan.
13. Clean ductwork and support.
14. Hot water heater needs to be replaced with a tankless hot water heater.
15. Hose clamp on gas line going to gas meter will need access opening for
shower valve.
16. Plumb to Mich 2003 Plumb Code.
17. Replace furnace vent.
18. Outside faucet to have a vacuum breaker.




Uncorrected Progress Inspection Completed 05/12/05

1. All framing headers on bearing must meet MRC 2003 requirement- See
attached sheet.
2. Bowed out walls must be repaired.
3. Foundation wall and plate must be attached - 1/2" anchor bolts 1 - foot of
corners every 6ft on center or approved sill straps.
4. All framing of walls, joists, rafters must meet code 2003 MRC
5. Windows must meet section R613.



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 NO. _ _ _ _ __

                  CITY COMMISSION MEETING - - - - - - - -


TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       November 14, 2005

RE:         Resolution Supporting Regional Collaboration



SUMMARY OF REQUEST:

To approve a resolution that supports regional collaboration efforts. This resolution is
necessary for One Muskegon to pursue state funding through the Centers for Regional
Excellence for our local efforts.




FINANCIAL IMPACT:

Collaborative efforts may save the City money in the future.




BUDGET ACTION REQUIRED:

None.




STAFF RECOMMENDATION:

To approve the attached resolution.




COMMITTEE RECOMMENDATION:
                               RESOLUTION 2005-llO(a)

                                CITY OF l\IUSKEGON

                A resolution supporting regional collaboration efforts

WHEREAS, service to our constituents is our reason for existence and we recognize that
the services we offer are impmiant to the fabric of our community and often attract
people to move here, and

WHEREAS, regional collaboration may be one avenue to pursue to maintain or enhance
some of the services we now offer, and

WHEREAS, regional collaboration may afford us flexibility in our budgeting without
diminishing the way oflife in our community, and

WHEREAS, regional collaboration may help us save money as well as providing
effective and efficient services, and

WHEREAS, regional collaboration has proved in many areas to be an effective land use
tool, and

WHEREAS , regional collaboration may help both our region and our own community be
more economically competitive,

NOW THEREFORE BIT RESOLYEO, that the City of Muskegon agrees to participate
in the Centers for Regional Excellence program to pursue the potential for regional
collaboration in our area, and

BE IT FURTHER RESOLVED, that the City of Muskegon will send a representative to
patiicipate in these discussions of the One Muskegon Task Force and that the citizens of
the City of Muskegon will be kept fully informed and provided opportunities for input
into the process.

                                            IN WITNESS WHEREOF, I hereunto set
                                            my hand and cause the Seal of the City of
                                            Muskegon to be affixed this 22m1 day of
                                            November, 0 1::\..-- - . .




                                            Gail A. Kundinger, City Clerk
                                 CERTIFICATION


This resolution was adopted at a regular meeting ofthe City Commission, held on
November 22, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act ofthe State of Michigan, Act 267 of the Public Acts of 1976.

                                          CITY OF MUSKEGON




                                                 Gail A. Kundinger, MMC
                                                 City Clerk
Date: November 22, 2005
To:    Honorable Mayor and City Commissioners

From: Finance Director
RE: Move of Non-Union Employees to Municipal Employees' Retirement System
       of Michigan (MERS)


SUMMARY OF REQUEST: MERS (Municipal Employees' Retirement System of
Michigan) is a statewide intergovernmental cooperative established for the purpose of
providing cost-effective pension plan ad minis !ration. The city's pension boards have
explored moving to MERS on two separate occasions in the last few years, but could not
reach consensus. At this time staff is proposing that, effective January 1, 2006, pension
administration and management of pension-plan a ssets for current non-union employees (51
employees) be moved to MERS.

FINANCIAL IMPACT: Staff believes that MERS offers the most cost-effective
alternative for pension administration. We expect to achieve administrative savings by
moving the non-union employees to MERS and the potential is for greater savings should
other employee groups opt to switch to MERS. The computed first year (2006) contribution
rate for the MERS program is 5.71 %, which compares favorably to the budgeted contribution
rate of 7.86%.

BUDGET ACTION REQUIRED: None. As noted, the computed contribution rate for
MERS is within the budgeted cost for pension expense for the affected employees.

STAFF RECOMMENDATION:                 Approval.

COMMITIEE RECOMMENDATION:                      None.
                                                                Finance
                                                                Administration




Memo
To:     City Commission         General Employees Pension Board

From: Finance Director
Date: November 16, 2005

Re:     Proposal to Transfer Non-Union Employees' Pension Administration to MERS



MERS (Municipal Employees' Retirement System of Michigan) is a statewide
intergovernmental cooperative established for I he purpose of providing cost-effective pension
plan administration. The city's pension boards have explored moving to MERS on two
separate occasions in the last few years, but could not reach consensus. At this lime staff is
proposing that, effective January 1, 2006, pension administration and management of
pension-plan assets for current non-union employees (51 employees) be moved to MERS.

Meetings have been held with the affected employees to explain the MERS program in detail
and the reasoning for proposing the move. Although many employees were apprehensive at
the start, the post-meeting general consensus is that moving to MERS is in the best interests
of both the employees and the city.

Rationale

MERS has nearly 700 member municipalities and over $4 billion in assets under
management. The organization has a full-time staff of 80 employees who specialize in
pension plan administration and retirement planning issues. City employees (and future
retirees) will benefit from a much higher level of retirement planning expertise and customer
service than the city will ever be able to provide.

The city will benefit through lower administration costs and, likely, lower contribution rates.
The greatest benefit will come if pension administration for all employee groups is moved to
MERS, but staff feels it is important to begin the migration to MERS at this time.




0:\FINANCE\PAUL\MyDocuments\AGENDAITEM 2005 MERS FOR NON·UNION.doc
Benefit Levels

MERS has a menu of benefit options which member communities choose from. From this,
we have been able to closely match the current non-union benefits (see attached). A few
areas need clarification:

    1. In computing final average compensation, the city currently allows up to 144 hours of
       banked sick time to be included; MERS does not allow sick time in their FAC
       computation. Staff recommends that approval of MERS also include an amendment
       to the non-union benefit program that would allow, at retirement, the conversion of up
       to 144 hours banked sick time to vacation time so that it can be included in the FAC.

    2. The current city program has a COLA that provides an automatic computed cost of
       living increase (after five years retirement) based on the availability of funds from
       "excess" investment earnings. MERS has the ability to match this program based on
       annual approval of the city commission. Staff recommends that that approval of
       MERS include an amendment to the non-union benefit program that would provide
       for the annual matching of whatever COLA adjustment is computed for retirees of the
       General Employees' Retirement System.

    3.   Staff is proposing that the MERS RS50 benefit be incorporated. This benefit
         provides a 50% survivor benefit to anyone sele cling a regular (straight-life) pension.
         This benefit is included in the Police and Fire pension program but is a new benefit
         for the non-union group. The incremental cost of this benefit is 0.40% of payroll or
         $6,184. This would be largely offset by higher employee contributions from moving
         from a bifurcated employee contribution rate to a flat 5% contribution rate ($84 per
         employee x 51 employees= $4,284.

Process

At the November 22 meeting, you will be asked to approve three resolutions required by
MERS to authorize the transition. The City Alto rney is reviewing these. Also amendments to
the General Employees' Retirement System ordinance and the Police and Fire Retirement
System (for the chiefs) will be required.

If the City Commission approves these documents, related employee contributions plus an
actuarially-determined amount will be moved from the General Employees Retirement
System to MERS, effective January 2006. All new contributions made by or on behalf of the
affected employees will be forwarded to MERS starting in January 2006.

Summary

The city has successfully managed its pension funds for more than sixty years. But with
reduced staff, competing priorities, and the growing complexity of pension issues (e.g. tax
laws, divorces, investment oversight, etc.), it is not realistic to expect that city-administered
plans will be able to provide employees with the highest level of service. Put simply, staff
believes that MERS affords the opportunity to have the job done better and at lower cost.
There is no compelling reason the city needs to remain in the pension administration
business.
Jan·09·06    02:45po     From·ICMARC                                              2028624601                   T-4 T!    P 002/1)05   F·A80



                                 SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY
                                    RELATING TO A MERS DC BENEFIT PROGRAM



            RESOLUTION OF      ~{l'-J~~.L-~~0"'-.:.....~C------'~~:..!?<:::1'-'~:.!:C:!:C7.:£;:;;:;<::~£:?L~---- (EMPLOYER NAME).
            WHEREAS. the Employer hao adopted the MERS Uniform Defined Contribution Program ResoluUon; and
            WHEREAS,the M5RS Uniform Defined Contribution Program Re$olutiM requires that the Employer
            concurrenUy complete, approve and submit to !CMA Retirement Corporation ("RC") all nece..ary
            documents opecified by RC for adoption of the ICMA Retirement Corporation GovernmenUJI Money
            Purchase Plan and Trust as amended and authorized by Section 19A of the Municipal Employees'
            Retirement System of Michigan Pian Document: and
            WHEREAS, the Employer desires that Its Benefits Program DC b& administered by the ICMA Reijr9ment
            Corporation and that some or aH of the funds held under such plan be invested in the Vantage Trust, a lrUsl
            established by public employers for the collective Investment of funds held under their retirement and
            deferred compensation plans:

            NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes the Benefits Program DC In
            the fonn of the ICMA Retirement Corporaijon Govemmental Maney Purchase Plan and Trust, as amended
            by and as authorized by Sacijon 19A of the Municipal Employees' Retirement System of Michigan Plan
            Oocumem.

            BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of tho Ventage
            Trust, and aHached hereto, intending this execuUon to be operative with respect to any retirement or
            deferred compensation plan subsequendy established by the Employer, if the assets of the plan are to be
            Invested in the Vantage Truat.
            BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Pion and to
            Invest funds held under tho Plan in the Vantage Trust; and

            BE IT FURTHER RESOLVED that the          H<v.t>~h P-"'~c.A<..(use tijle of official, not name) ahall be the
            coordinator for the Plan: shaH re09iVe reports, notices, etc., from the ICMA Redremant Corporation or the
            Vantage Truat: shall cast on behalf of the Employer, any required votes under tha Vantage Trust; may
            delegate any administrative dulles relating to the Plan to appropriate departments; and

            BE IT FURTHeR RESOLVED that the employer hereby authot1~esb"'~t<' &'~~use Utle not name)
            to execute all neceosary agreements with the ICMA Retirement Corporation lnoldentat to the admlniltrallon
            of the Plan.

            I hereby cert~y thai the above ts a true copy of a Resolution adopted at the board meeung het<l on
                 !'itJv'tntkb... ±:_ dayal <"i@.e...,hn                    2005.




            ICMA Retirement Corporation • P. 0. Box 96220 ;, Washington, DC 20090·6220 • 1-800-326-7272
                                         PARMENTER O'TOOLE
                                                     Attorneys at Law



                                                Mernorandurn



 DATE
             November 16, 2005

 TO:
             Tim Paul

 FROM:
             Linda S. Kaare

 RE:
             MERS DB plans & Ord. Amd.



       Dear Tim,
       Attached are the documents for City Commission meeting on November 22, 2005.

       1. Membership Agreement.                 (adopting MERS DB plan)

       2. Resolution Directing Electronic Payment of Invoices

       3. Resolution to Exclude Temporary Employees

       4. Resolution to Adopt MERS DB plan for Non-Union General Employees.

       5. Resolution for Defming Day of Work/Hours per Month- Non-Union General Employees.

       6. Resolution to Adopt MERS DB plan for Non-Union Police Employees.

       7. Resolution for Defining Day of Work/Hours per Month- Non-Union Police Employees.

       8. Resolution to Adopt MERS DB plan for Non-Union Fire Employees.

       9. Resolution for Defining Day of Work/Hours per Month- Non-Union Fire Employees.

       10. Ordinance Amendment to the General Employee Retirement System.
                  (Excludes non-union general employees who participate in MERS)

       11. Ordinance Amendment to the Police-Fire Retirement System.
                  (Excludes non-union police and fire employees who participate in MERS)

       12. New Ordinance relating to MERS DB plan participants.
                 (addresses sick time conversion to vacation and COLA)
G:\E DSI\FILES\00 100\1402\M EMO\C 13009. DOC
                                       MEMBERSHIP AGREEMENT
                                (For Defined Benefit and Defined Contribution Plans)



        This AGREEMENT dated f\~ ~d-.                            , 20~, by and between the
Retirement Board ("Board") of the Municipal Employees' Retirement System ("MERS"), and the
governing body of the        City of Muskegon
an eligible participating municipality or court ("participating entity"), is entered into under the
provisions of 1996 PA 220 and the Plan Document of 1996. This Agreement does not waive or excuse
or render inapplicable all duties and obligations imposed on the parties by law or the MERS Plan
Document of 1996 as it may be revised periodically.

        Through Resolution adopted        November               c2 :2. , 20__,Q2_, this entity has
elected to participate in MERS in accordance with Plan Section 41 or 41 A.

 (Check Box I and/o•· Box II, as applicable.)

                         lliJ     I.   MERS DEFINED BENEFIT PLAN IS INITIALLY
                                       ADOPTED

       A. The participating entity has furnished MERS with data regarding each person in its employ
and the Board's actuary has computed the liabilities for service benefits payable and which may
become payable (on account of service already, and to be, rendered), as required by Plan Section 42,
through Initial Actuarial Valuation dated       August 1                 , 20Q.2___

        B. As a condition of MERS membership, and pursuant to the Board's power as Plan
Administrator and Trustee unde r Plan Section 36, MCL 38.1536, it is appropriate and necessary to
enter into this Agreement providing for the payment of the required contributions of a participating
entity.

          I. On or before January 1 each calendar year, the Board's actuary shall make a n Annual
             Actuarial Valuation of the participating entity's accrued service liabilities, and if necessary,
             adjust the a mount of the annual contributions to be paid by the entity to MERS in monthly
             insta llments. A copy of the annual valuation and required contributions shall be provided
             by MERS to the participating entity on or before January 1 each year.
          2. The Wage and Service Reports due monthly, and the Member and Employer Contributions
             due and payable monthly, shall be submitted in accordance with the MERS Enforcement
             Procedure for Prompt Reporting and Payment.
          3. Should the partic ipating entity agree to the crediting of all or a portion of pre-MERS prior
             service rendered to it by its covered employees in the Resolution for Adopting MERS
             Defined Benefit Programs, then the provisions of that Resolution are incorporated by
             reference in this Agreement. This includes, but is not limited to, the amortization of any
             unfunded prior service obligations, as adjusted in the Annual Actuarial Valuation.



MebAgree 11 / 14/03                                                                                Page I of2
                         MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN


          RESOLUTION DIRECTING ELECTRONIC PAYMENT OF INVOICES TO THE
                   MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM


                                        City of Muskegon
         WHEREAS, the-- - -- - -- - - - - - -- - - - - - - - - - - - is
 a participating municipality in the Municipal Employees' Retirement System of Michigan ("MERS");
and
           WHEREAS, pursuant to the Municipal Employees' Retirement Board requirements, effective
January I , 2004, monthly contribution payments will be required to be paid electronically, (eBill) and
for those municipalities not doing so, an administrative fee will be assessed; and

          WHEREAS, pursuant to 2002 PA 738 authorizing electronic transactions of public funds, the
governing body of a municipality must authorize electronic transactions; and

          WHEREAS, the _ _ _ _c_ i_t_y_ o_f_M_u_s_k_e_g_o_n_ _ _ _ _ _ _ _ __ _ _ wishes
to be in compliance with the electronic payment of monthly contributions, and accordingly will initiate
both the timing and which invoices it intends to pay.

          NOW THEREFORE BE IT RESOLVED, that the governing body directs the electronic
payment of future MERS invoices subject to initiation and timing of the payment as directed by this
municipality's authorized official.

                                            CERTIFICATION

          I hereby cet1ify that this resolution was adopted by the governing body of the

      ~ ot~u:._ r                                   at itsmeeting held on 'Q~J..?. ,20~

                                                        La~~r ·   Signature of Clerk


                     RETURN TO: Municipal Employees' Retirement System of M ichigan
                                11 34 Municipal Way
                                Lansing, MI 48917
                                Phone: 800-703-9030 Fax: (517) 703-971 1
                                www.mersof mich.com



Resol-eBill Payment 11114/03
        -~~
        r~. .
          'R.~
~
 · ~,           y   MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN



                    RESOLUTION TO EXCLUDE TEMPORARY EMPLOYEES
                             FROM MEMBERSHIP IN MERS




          In accordance with Section 3(2) of the MERS Plan Document, as amended, the


___C~l~·t~y~~C~o~m~m~i~s~s~l~·o~n~--------of __~C~i~t~v~o~f~~M~u~s~k~e~g~o~n~---------------
              (Governing Body)                                           (Municipality)

does hereby elect to EXCLUDE effective ___J_a_n_u_a__
                                                    r-=-y-----,------------' 2 0 0 6 , for:
                                                                      (Date)

(Please complete A or B)

          A. __x__ All

          B . - - - For Divisions ---------------------,------- - - ---------
                                                           (Specil)' by Division Name and Number)

TEMPORARY EMPLOYEES who are employed in positions normally requiring less than six

(6) months of work from membership in the Municipal Employees' Retirement System (MERS).

The said employees will be notified in writing by the participating municipality that they are

excluded from membership.



         I hereby certify that the above is a true copy of a Resolution adopted at the meeting

of the governing body held on             :q ~              (Date)
                                                                     J. d_         ' 2005



                             /
                         ~0--~~PA-
                                 cJ
                               (Signature of Authori:ted Official)




Rcsol Temp Employee 12/31199
111\.f'as          MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN

              RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
                     RETIREMENT SYSTEM OF MICHIGAN
                        DEFINED BENEFIT PROGRAMS

          The                  City Commission                                        of the City of Muskegon
                                 (Governing body)                                                            (Participating entity)
whose fiscal year is (month and day) January                  to December, desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.

        IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
    August 1              , 2005     , by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union):         non-union general employees
                                          (Separate resolutions are required for each division)

Please note: If no Initial Valuation has been done by MERS' actuary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.

       *I.         Benefit programs/formulae (e.g., B-2 I F55 I V-8 I FAC 3 I E-2) selected are:
                   B3 V5 FAC3 F55/25 D2 RS50
                    (If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)


         2.        The required employee contribution is       5       %. (May be any percentage in
                   hundredths of a percent, not to exceed ten [10] percent, unless higher rate is
                   established by collective bargaining agreement accompanying this Resolution.)

         3.1       Prior service credit with this municipality/court rendered previously by each covered
                   employee in the division is subject to and shall be credited as provided under Section
                   2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
                   Supplemental Valuation Procedure (as approved by the Retirement Board on
                   September 28, 1999), whose respective terms are incorporated by reference.

                   Choose only one:

                        A.     ~ All prior service from date of hire.
                        B.     _Portion of prior service (actual service up to-,---- years); or _ _%.
                        C.     _Prior service proportional to assets transferred.
                        D.     _No prior service (ifD selected, go to Section 4).




Resol Adopting MERS-09/28/99                                                                                                           Page I of2
           3.2      The Initial Valuation discloses the actuarial reduction in the employer's future
                    contribution rate that will occur where assets of a preceding qualified plan (whether
                    defined benefit or defined contribution plan) and/or other source are transferred to
                    MERS.

          3.3      In all asset transfers, the employer shall furnish MERS with all necessary and
                   specific information required by MERS on the allocation of employer and employee
                   contributions and investment earnings, along with taxable and nontaxable status on
                   the employee contribution portion.

         4.        The effective date of this Resolution for making deductions for the employee
                   contributions specified above, and for the payment of necessary employer
                   contributions to MERS, as required in the Plan Document, shall be the same date that
                   MERS' coverage begins, which is        January 1                       , 2006

         5.        For municipalities, Plan Section 41 requires adoption by affirmative vote of a
                   majority of the governing body; for courts, see Plan Section 41 A. A complete copy
                   of the fully executed collective bargaining agreement (if applicable), and certified
                   copy of the complete official minutes or other official authorizing action for the open
                   meeting at which this resolution was adopted must be forwarded to MERS with this
                   resolution.


            1l ~
         Certified this    1J.Ad    day of                                                20 0 5


By:      ~0~
         ~
                t:br ~                                    Title:




  * Explanation of Codes in paragraph # I
 8 3 (2.25% benefit multiplier).
 V5 (5 year vesting period).
 FAC3 (Final Average Compensation using an average of ones 3 highest consecutive years of
 compensation).
 F55/25 (Opportunity for early retirement at age 55 with 25 years of credited service).
 D2 (Rider that provides additional I 0 years of service to those who die or become disabled on the job to an
 overall maximum of30 years credited service).                                                         '
 RS50 (Provides 50% Survivor Benefit on retirement allowance for those selecting the Straight Life pension
 benefit option).




Resol Adopting MERS-09/28/99                                                                         Page 2 of2
                   MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN

               RESOLUTION FOR DEFINING A DAY OF WORK OR
             HOURS PER MONTH FORMERS RETIREMENT PURPOSES

Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6),
the governing body must adopt the Unifom1 Resolution Defining Hours Per Month For Part-Time Employees
and Service Credit Conversion Upon Promotion to Full-Time Status.


        In accordance with Section 3(1) ofthe MERS Plan Document, as the __
                                                                          C_i_t....=y_ _ _ __ __
                    Commission                                               of the City of Muskegon
                (Governing Body)                                                                    (Municipality)


does hereby certify that a day of work, or the number of hours of work in a month, for

_____n_o_n_-_u_n_l_·_o_n_g_e_n---,-,e_r:-a,-l__e_m_p_l-,o,--y_e-:-e_s-:------- for retirement purposes, shall
          (Indicate all employees or division name and number)


consist of one of the following to be effective as of ---'J~a"'n._,u,_,a""'r~y---'1c___ _ _ _,                       2006
                                                                                                   (Date)


(Please complete either A or B)

        A. _ _ __ A day shall consist of                                             hours.
                            (Ten (I 0) days a month of such work days equals one month of credited service.)


        B. - -X- - A month shall consist of 1 50                 hours.
                   (Each month of such work hours equals one month of credited service.)



        I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the

governing body held on __           '(j
                                     .:...__t!J.~
                                                L:. : :!. . .: : :. : . .:. . .=~:. : : ._-=--a_\U,_~~--­
                                                                                            (Date)
                                                                                                            2005




      ~ Q. 4/-UN\~~e&
             (Signature of Authorized Ofiicial)


                 r----------------------------------------~
                   RETURN TO: Mun.icipal Employees' Retirement System of Michigan
                              1134 Municipal Way
                                        Lansing, MI 48917




Rcsoi-Day ofWork-09/30/03
    ~
 ~                 MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN

              RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
                     RETIREMENT SYSTEM OF MICHIGAN
                        DEFINED BENEFIT PROGRAMS

          The        City Commission                                                 ofthe City of Muskegon
                --------~-~~~----------
                                  (Governing body)                                                           (Parti~ti'1        entity)
whose fiscal year is (month and day)         January          to Dece e desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.

        IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
    August 1              , 2005 , by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union):       non-union police employees                                               .
                                          (Separate resolutions are required for each division)

Please note: If no Initial Valuation has been done by MERS' actnary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.

       * I.        Benefit programs/formulae (e.g., B-2/ F55 IV -8/ FAC 3 I E-2) selected are:
                   2.75% Benefit Multiplier V10 FAC3 F53/25 D2 RS50
                    (If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)

         2.        The required employee contribution is        6      %. (May be any percentage in
                   hundredths of a percent, not to exceed ten [10] percent, unless higher rate is
                   established by collective bargaining agreement accompanying this Resolution.)

         3.1       Prior service credit with this municipality/court rendered previously by each covered
                   employee in the division is subject to and shall be credited as provided under Section
                   2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
                   Supplemental Valuation Procedure (as approved by the Retirement Board on
                   September 28, 1999), whose respective terms are incorporated by reference.

                   Choose only one:

                        A. ~All prior service from date of hire.
                        B. _Portion of prior service (actual service up to -,----years); or ____%.
                        C. _Prior service proportional to assets transferred.
                        D. _No prior service (ifD selected, go to Section 4).




Reso\ Adopting MERS-09/28/99                                                                                                           Page I of2
          3.2       The Initial Valuation discloses the actuarial reduction in the employer's future
                    contribution rate that will occur where assets of a preceding qualified plan (whether
                    defined benefit or defined contribution plan) and/or other source are transferred to
                    MERS.

          3.3      In all asset transfers, the employer shall furnish MERS with all necessary and
                   specific information required by MERS on the allocation of employer and employee
                   contributions and investment earnings, along with taxable and nontaxable status on
                   the employee contribution portion .

         4.       The effective date of this Resolution for making deductions for the employee
                  contributions specified above, and for the payment of necessary employer
                  contributions to MERS, as required in the Plan Document, shall be the same date that
                  MERS' coverage begins, which is      January 1                         ,2_0_0_6_ _

         5.       For municipalities, Plan Section 41 requires adoption by affirmative vote of a
                  majority ofthe governing body; for courts, see Plan Section 41A. A complete copy
                  of the fully executed collective bargaining agreement (if applicable), and certified
                  copy of the complete official minutes or other official authorizing action for the open
                  meeting at which this resolution was a dopted must be forwarded to MERS with this
                  resolution.


         Certifiedthis         23 AJ   dayof   n~                                       2005



By:   ~ Q ·~~                                            Title     ~ Lwz


  * Explanation of Codes in paragraph # I
 V 10 ( 10 year vesting period).
 FAC3 (Final Average Compensation using an average of ones 3 highest consecutive years of
 compensation).
 F53/25 (Opportunity for early retirement at age 53 with 25 years of credited service).
 D2 (Rider that provides additional I0 years of service to those who die or become disabled on the job, to an
 overall maximum of 30 years credited service).
 RSSO (Provides 50% Survivor Benefit on retirement allowance for those selecting the Straight Life pension
 benefit option).




Resol Adopting MERS-09/28/99                                                                         Page 2 of 2
 ~s:J               MUNICIPAL EMPLOYEES ' RETIREMENT SYSTEM OF MICHIGAN

                RESOLUTION FOR DEFINING A DAY OF WORK OR
              HOURS PER MONTH FORMERS RETIREMENT PURPOSES

 Note: To adopt the part-time to full-time employee service credit program under Plan Document Section 4(6),
 the governing body must adopt the Uniform Resolulion Defining Hours Per Mo nth For Part-Time Employees
 and Service Credit Conversion Upon Promotion to Full-Time Status.


         In accordance with Section 3(1) of the MERS Plan Document, as the _c.:..::.l. .::..
                                                                                        t.:.y_ _ __ _ _
            Commission                                        of the City of Muskegon
                 (Governing Body)                                                    (Municipality)


does hereby certifY that a day of work, or the number of hours of work in a month, for
          non-union police employees
- - - - - - -- - - - -- - - ---,- --=----,--- - --for retirement purposes, shall
           (Indicate all employees or division name and number)


                                                                       __1_ __ _
consist of one of the following to be effective as of _ ___J_a_n_u_a_r_y                                        2006
                                                                                    (Date)


(Please complete either A or B)

         A. _ _ _ _ A day shall consist of                                 hours.
                            (Ten (I 0) days a month of such work days equals o ne month of credited service.)

              X
         B. - - -- A month shall consist of            1 50      hours.
                                                           ---~~--
                   (Each month of such work hours equals one month of credited service.)



         I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the

governing body held on            D~                              (Date)
                                                                                             2005




       ~~. .Q. ~o~i=
                   RETURN TO: Municipal Employees' Retirement System of Michigan
                              1134 Municipal Way
                              Lansing, MI 48917




Resoi-Day ofWork-09/30/03
     '~if~
 ~                  MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN

              RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
                     RETIREMENT SYSTEM OF MICHIGAN
                        DEFINED BENEFIT PROGRAMS

          The           City Commission                                               of the City of Muskegon
                                  (Governing body)                                                            (Participating entity)
 whose fiscal year is (month and day) January                  to February , desires to make
 available to its eligible employees (as defined below) benefits provided by the Municipal
 Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
 available are those provided under the Plan Document of 1996.

        IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
       August 1                2005, by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union):        non-union fire employees
                                          (Separate resolutions are required for each division)

Please note: If no Initial Valuation has been done by MERS' actuary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as provided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.

       *I.         Benefit programs/formulae (e.g. B-2/ FSS I V-8/ FAC 3/ E-2) selected are:
                   2.75% Benefit Multip 1ier V10 FAC3 F53(25 D2 RSSO
                    (If other than standard MERS' retirement benefits, supporting collective bargaining agreement to accompany this Resolution)

         2.        The required employee contribution is       6       %. (May be any percentage in
                   hundredths of a percent, not to exceed ten [1 0] percent, unless higher rate is
                   established by collective bargaining agreement accompanying this Resolution.)

         3.1       Prior service credit with this municipality/court rendered previously by each covered
                   employee in the division is subject to and shall be credited as provided under Section
                   2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
                   Supplemental Valuation Procedure (as approved by the Retirement Board on
                   September 28, 1999), whose respective terms are incorporated by reference.

                   Choose only one:

                        A.     lL All prior service from date of hire.
                        B.     _Portion of prior service (actual service up to _ _ _ years); or _ _%.
                        C.     _Prior service proportional to assets transferred.
                        D.     _No prior service (ifD selected, go to Section 4).




Resol Adopting MERS-09/28/99                                                                                                           Page 1 of2
                                                      City of Muskegon
                                                 Muskegon County, Michigan
                                               Ordinance Amendment No. 217 4


 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
 I ,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:
                          (I) 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 become employed by the City after July I, 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 I, 2005 and who participate in the
Municipal Employee's Retirement System Defined Benefit Plan.

           (f)(ftj The board of trustees shall decide all questions concerning the membership
status of any person.

           (g)tfj 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:




G:\EDSI\FILES\00 I 0010 182\0RDfN\CI2529.DOC
 This ordinance adopted:


            Ayes:        Gaw r o n, La rs on , Shephe rd, Spata r o , Warmin gton, Car t er , Davis
            Nays:        Non e


 Adoption Date:              November 22, 2 00 5
 Effective Date:           Decemb er 1 3 , 200 5
 First Reading:            NQyember 22 , 2005
 Second Reading : N/A

                                                      CITY OF MUSKEGON


                                                      By   ~ O ,Lr
                                                          Gail A. Kundinger, MMC
                                                        · City Clerk




G:\EDSI\FILES\00 I0010 182\0RD!N\CI2S29.DOC
                                                 CERTIFICATE

       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
 County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
 ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
 City Commission on the ~?.. day of Y) ~                     , 2005, at which meeting a quorum
 was present and remained throughout, and that the original of said ordinance is on file in the
 records of the City of Muskegon. I further certify that the meeting was conducted, and public
 notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
 of 1976, as amended, and that minutes were kept and will be or have been made available as
 required thereby.


 DATED:              l \- 2._ ~         ' 2005




Publish:            Notice of Adoption to be published once within ten (1 0) days of final adoption.




G:\EDSI\fiLES\00 I00\0 182\0RDIN\CI2529 .DOC
                                                     CITY OF MUSKEGON
                                                    NOTICE OF ADOPTION

 TO: ALL PERSONS INTERESTED


         Please take notice that on dvemhr>r old2 , 2005, the City Commission of the City
 of Muskegon adopted an amendment to Section 62-34, 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 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.


        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 (I 0) days from the date of this publication.


                                                               CITY OF MUSKEGON


Published:            !Jecem/nl                  3,2005        By~~-=--~--~~~~~
                                                                 Gail A. Kundinger, MMC, Its Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




G:\EDSI\FILES\00 I00\0 182\0RD IN\CJ25 29. DOC
                                                       City of Muskegon
                                                  Muskegon County, Michigan
                                                Ordinance Amendment No. 2175


 THE CITY OF MUSKEGON HEREBY ORDAINS:


 Chapter 62-233 of the Code of Ordinances of the City of Muskegon concerning the Police-Fire
 Retirement System is amended to state as follows:

            (a)        The membership of the retirement system shall include all police officers and
                       firefighters who are in the employ of the City and all police officers and
                       firefighters who become employed by the City, except as provided in subsection
                       (b) ofthis section.

            (b)        The membership of the retirement system shall not include:

                       (I)        Temporary or civilian employees of the police or fire departments;

                       (2)        Special officers or special firefighters;

                       (3)        Privately employed police officers or firefighters;

                       (4)        All unionized firefighters who become employed by the City as
                                  firefighters after December 31, 2004;

                       (5)        All unionized firefighters who elect to transfer their interest in the City's
                                  defined benefit plan to the City's defined contribution retirement system
                                  effective January I, 2006; eF

                       (6)        All non-unionized police officers and firefighters who become employed
                                  by the City as police officers or firefighters after July I, 2005; or

                       (7)        All non-unionized police officers and firefighters who became employed
                                  by the City before July 1, 2005 and who participate in the Municipal
                                  Employee's Retirement System Defined Benefit Plan.

           (c)        Except as provided in subsection (d) of this section and except for the purpose of
                      subsection 62-234(c), should any member cease to be employed by the City as a
                      police officer or a firefighter he shall thereupon cease to be a member.

           (d)        A member who remains in the employ of the City but ceases to be a police officer
                      or a firefighter shall remain a member of the retirement system for the duration of
                      his city employment. A member who retains membership in this retirement
                      system pursuant to Section 62-233(d) shall be required to make contributions and



G:\EDSI\FILES\00 I00\0 182\0RD IN\CI25 45.DOC
                      is afforded retirement benefits as if the member had not left employment within
                      the Police or Fire Department.

            (e)       In any case of doubt as to the membership status of any person the board shall
                      decide the question within the meaning of the provisions of this article.

 This ordinance adopted:


            Ayes:   Gawr on,Larson, Shepherd, Spataro, Warmington, Carter, Davis
            Nays: ____~N~o~n~e________________________________________________


 Adoption Date:            November 22, 2005
 Effective Date: December 13, 2005
 First Reading:          November 22, 2005
 Second Reading:              N/A



                                                           CITY OF MUSKEGON


                                                           By ~aL~
                                                              Gail A. Kundinger, MMC
                                                              City Clerk




G:\EDSI\FILES\00 I00\0 182\0RDINICI2545.DOC
                                               CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the @.~ day of Y)()-1~                    , 2005, at which meeting a quorum
was present and remained tluoughout, 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:        --'-~--'-~~-~-=-='------, 2005

                                               Gail A. Kundinger, MMC
                                               Clerk, City of Muskegon

Publish:            Notice of Adoption to be published once within ten ( 10) days of final adoption.




G:\EDSI\FILES\00 10010 182\0RDINICI2545.DOC
                                                       CITY OF MUSKEGON
                                                      NOTICE OF ADOPTION

 TO: ALL PERSONS INTERESTED

         Please take notice that on                   &bvcmbC/'
                                                   .2.2 , 2005, the City Commission of the City
 of Muskegon adopted an amendment to Section 62-233, Retirement System Membership, under
 the Police-Fire Retirement System ordinance of the City of Muskegon, summarized as follows:

            (b)         The membership of the retirement system shall not include:

                        (1)         Temporary or civilian employees of the police or fire departments;

                        (2)         Special officers or special firefighters;

                        (3)         Privately employed police officers or firefighters;

                        (4)         All unionized firefighters who become employed by the City as
                                    firefighters after December 31, 2004;

                        (5)         All unionized firefighters who elect to transfer their interest in the City's
                                    defined benefit plan to the City's defined contribution retirement system
                                    effective January I, 2006; er

                        (6)         All non-unionized police officers and firefighters who become employed
                                    by the City as police officers or firefighters after July I, 2005; or

                        (7)        All non-unionized police officers and firefighters who became employed
                                   by the City before July 1, 2005 and who participate in the Municipal
                                   Employee's Retirement System Defined Benefit Plan.

        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 TeiTace 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:           Jue.mber                     3 , 2005         By_______________________
                                                                     Gail A. Kundinger, MMC, Its Clerk



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



G: \EDSl\FILES\00 I00\0 !82\0RDIN\CI2 54 5. DOC
                                                     City of M usl<.egon
                                                 Muskegon County, Michigan
                                                    Ordinance No. 2 1 76


 THE CITY OF MUSKEGON HEREBY ORDAINS:

 A new Article to Chapter 62, Persolll1el, ofthe Code of Ordinances ofthe City of Muskegon is
 adopted as follows:

 ARTICLE IV. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICIDGAN
 ("MERS") DEFINED BENEFIT PLAN PROVISIONS

 DIVISION 1. NON-UNION GENERAL EMPLOYEES.

Section 62-394- Special Provisions to supplement MERS Plan.

(a)       Credit for Sick time. Upon retirement as defined by the MERS plan, the employee
participant may convert up to 144 hours of accumulated sick time to vacation time so that it can
be included in the final average compensation calculation for retirement benefits under the
MERS plan.

(b)       Cost of Living Adjustment ("COLA"). If the City gives a COLA to retirees in the
General Employee Retirement System program, the City will give the same increase to the
eligible MERS plan retirees.


This ordinance adopted:


           Ayes:           Ga,.;rron 1 Larson 1 Shepherd , Spa taro, Warmington 1 carter 1 Davis
           Nays: ____~uu~----------------------------------------------


Adoption Date:               November 221 2005
Effective Date:            December 131 2005
FirstReading:             November 22 , 2005
Second Reading: _N.;_/_A_________________

                                                               CITY OF MUSKEGON


                                                               By~O . ~o~
                                                                  Gail A. Kundinger, MMC
                                                                  City Clerk


G:\EDSI\FILES\00 I 0010 I 82\0RDINICI2491 .DOC
                                               CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ).d--. day of i) ~ , 2005, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I fmther cettify 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:               )l-23            '2005



                                              Gai A. Kundinger, MMC
                                              Clerk, City of Muskegon

Publish:           Notice of Adoption to be published once within ten (1 0) days of final adoption.




G:\EDSI\FILES\00 100\0 182\0ROJN\CI2491.DOC
                                                CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

 TO: ALL PERSONS INTERESTED


       Please take notice that on lfiwcmher d;2 , 2005, the City Commission of the City
 of Muskegon adopted a new Article to Section 62, Personnel ordinance of the City of Muskegon,
 summarized as follows:


ARTICLE IV. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
("MERS") DEFINED BENEFIT PLAN PROVISIONS

DIVISION 1. NON-UNION GENERAL EMPLOYEES.

Section 62-394 - Special Provisions to supplement MERS Plan.

(a)       Credit for Sick time. Upon retirement as defined by the MERS plan, the employee
participant may convert up to 144 hours of accumulated sick time to vacation time so that it can
be included in the final average compensation calculation for retirement benefits under the
MERS plan.

(b)     Cost of Living Adjustment ("COLA"). If the City gives a COLA to retirees in the
General Employee Retirement System program, the City will give the same increase to the
eligible MERS plan retirees.


        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 is effective ten (!0) days from the date of this publication.

                                                         CITY OF MUSKEGON


Published:         /J, cemier             J , 2005       By~~~~--~~~~~­
                                                           Gail A Kundinger, MMC, Its Clerk



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




G:\EDSI\FILES\00 \00\0 182\0RDIN\CI249l.DOC
Date: November 22, 2005
To:      Honorable Mayor and City Commissioners

From: Finance Director
RE: Amendment to Arena Operations Management Contract


SUMMARY OF REQUEST: Approval of an amendment to the arena management
contract. The current arena operations contract with AMG did not anticipate a second major
building tenant. The introduction of professional basketball last year required an amendment
to reimburse the arena manager for the additional costs associated with basketball (set-up,
security, etc.). This proposed amendment for the 2005-06 season is similar to last year's
agreement with the exception that the maximum per game payment is reduced from $4,000
to $2,900 reflecting the fact that the basketball team has assumed responsibility for floor set-
up/take-down. The overall arena management agreement is set to expire in June 2006.
Addressing issues raised by a second major tenant will be an important consideration in the
next contract.

FINANCIAL IMPACT: The direct impact of this agreement (and of the basketball
generally) on arena financial operations will be determined by attendance figures. Over 24
home games, average attendance will need to be about 1,450 for the city to cover the cost of
this contract and the ice rental Joss associated with basketball. This is about the same
breakeven point as last year. Staff believes having professional basketball at the arena has
benefits that extend beyond arena operations (downtown activity, etc.) that make this a
prudent risk for the city to take.

BUDGET ACTION REQUIRED:                    None at this time.

STAFF RECOMMENDATION:                     Approval of the attached amendment.

COMMITIEE RECOMMENDATION:                         There is no committee recommendation at
this time.
                           CITY OF MUSKEGON
        SECOND AMENDMENT TO OPERATIONS MANAGEMENT CONTRACT
               L.C. WALKER ARENA AND CONFERENCE CENTER

       This is a Contract, effective dtvemit'r  c:.Po? , 2005, to amend the contract dated June 11,
2001 made between the City of Muskegon, 933 Terrace Street, Muskegon, Michigan 49440 ("City") and
Arena Management Group, L.L.C., 955 Fourth Street, Muskegon, Michigan 49440 ("Manager").

                                                  Background

       A.      The Muskegon County Building Authority (MCBA) is the owner of the L.C. Walker
Arena and Conference Center (Arena), and leases the premises to the County of Muskegon (County).
The County subleases the Arena to the City, by which the City is responsible for the operation,
maintenance, and improvements for the Arena.

         B.      Effective June 11 , 200 I City contracted with Manager to provide complete management,
promotion and maintenance of Arena, in accordance and compliance with the requirements of the City, as
well as the Muskegon County Building Authority and the County of Muskegon, who are the owner and
primary lessee, respectively, of the Arena, and particularly in accordance with Internal Revenue
Procedure 97-13, a federal tax procedure which must be complied with for the reason that tax exempt
bonds were issued for certain improvements in the Arena.

        C.       City and Manager have been approached relating to having professional basketball at the
Arena. A lease has been executed between Manager and Lakeshore Basketball LLC. The rent to be paid
by Lakeshore Basketball LLC will not cover the Manager's expenses related to allowing professional
basketball at the Arena.

         D.      Estimated costs to Manager relating to the professional basketball is $2900, per game, for
setting up and taking down seating and protective glass around the sheet of ice, staffing and security at the
Arena.

         Therefore, the parties agree as follows:

         I.      Management Fee. In addition to the amounts owed pursuant to paragraph 8 of the June
11, 200 I contract, Manager shall be paid actual costs attributable to Lakeshore Basketball LLC, not to
exceed $2900 per game. To the extent that actual costs to Manager are less than $2900 per game, the
maximum amount owed pursuant to this paragraph shall be reduced.

        2.      Remainder of Agreement.. The remainder of the Operations and Management Contract,
dated June II, 2001 shall remain in full force and effect, unless specifically modified by this Second
Amendment. The First Amendment dated December 14, 2004 is hereby replaced in its entirety by this
second amendment.




0 :\F!NANCE\PAUL\MYDOCUMENTS\ARENA CONTRACT AMENDMENT J J04005.DOC
WITNESSES:                                                                                GROUP, L.L.C.
                                                                                            (




                                                            CITY OF MUSKEGON



 L/r; ~/orr~"/'

szr:~KrL«)~~t· .
                                                               Date :                      , 2005


    ~o ~n      10    t<' rv t:-n-v Q. tj                    By:    ~Q _LcL.~
                                                                           0
                                                              Gail A . Kundinger, Clerk
                                                              Dated:         ll ~ 3D        , 2005




0:\FINANCE\PAULIMYDOCUMENTS\ARENA CONTRACT AMENDMENT 1104005.DOC
Attendance per Game                  3,000         2,500         2,000         1,450          1,200           1,000             500

Rental                          $    1,600    $    1,600    $    1,600    $    1,600    $     1,600     $     1,600     $     1,600

Concessions                          3,000         2,500         2,000        1,450           1,200           1,000            500
 $                       1.00

Ticket Fee (@$.50/cap)               1,500         1,250         1,000          725             600             500             250
$                        0.50

Parking (@$.23/cap)                   690           575           460           334             276             230             115
$                        0.23

Total City Revenue              $    6,790    $    5,925    $    5,060    $   4,109     $     3,676     $     3,330     $     2,465


Costs:

Est. Ice Rental loss                (1,200)       (1,200)       (1,200)       (1,200)        (1,200)         (1,200)         (1 ,200)

Max. Payment to AMG                 (2,900)       (2,900)       (2,900)       (2,900)        (2,900)         (2,900)         (2,900)

                                    (4,100)       (4,100)       (4,100)       (4,100)        (4,100)         (4, 100)        (4,100)


Net Per Game                    $    2,690    $    1,825    $     960     $        9    $      (424)    $      (770)    $    (1,635)

Net Season (24 Games)               64,560        43,800        23,040          204         (10, 176)       (18,480)        (39,240)
Date: November 22, 2005
To:     Honorable Mayor and City Commissioners

From: Finance Director
RE:    Sewer Rate Adjustment



SUMMARY OF REQUEST: At the time the 2006 budget was adopted, staff
noted that it appeared a sixteen percent sewer rate increase would be needed to
offset the impacts of the Sappi downsizing. Based on the additional information that
has become available since budget adoption, it still appears that a sixteen percent
increase is needed. Attached is historical and projected financial data for the sewer
fund which indicates the need for the 16% percent increase to take effect January 1,
2006. The rate adjustment will move residential sewer rates from $1.32/hcft to
$1.53/hcft and commercial/industrial rates from $1.66 to $1.93. The impact on a
typical household using 15,000 gallons of water will be an additional $4.20/month
($12.60/quarter). Also attached is an exhibit showing typical household sewer bills
for the city and surrounding communities.

FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$672,000 additional full-year revenue for the city's sewer fund.

BUDGET ACTION REQUIRED: None at this time.                     Adoption of these fee
adjustments will help the city attain its 2006 budgeted revenue estimates.

STAFF RECOMMENDATION: Adoption of the attached fee adjustment
resolution.

COMMITTEE RECOMMENDATION: None
Memo
To:      City Commission             City Manager
From: Finance Director
Date: November 16, 2005
Re:      Proposed Sewer Rate Increase


Background
Staff is proposing a sixteen percent (16%) increase in the rates for sanitary sewer
service. Following is a history of sewer rate changes:

                                              Residential Rate     Commercial Rate   Industrial Rate
 Date Adopted          Date Effective         Per 100 Cu. Ft.      Per 100 Cu. Ft.   Per 100 Cu. Ft.

 November, 2005
                                                   $1.530               $1.930           $1.930
   (Proposed)            January, 2006
                                                   $1.320               $1.660           $1.660
      May, 2002            June,2002
                                                   $1.120               $1.405           $1.405
      May, 1998            June, 1998
 November, 1992          January, 1993             $0.933               $1.171           $1.171

   January, 1992         January, 1992             $1.140               $1.100           $1.070

   March, 1983            March, 1983              $0.920               $0.890           $0.870




There are several reasons for the increase:




0:\FINANCE\PAUL\MyDocuments\Memo ~City Commission 2005 sewer rate increase.doc
    •      Significant operation cutbacks at Sappi have necessitated a 30% increase in
           wastewater treatment charges to the city. This is offset to a degree by the
           fact that previously negotiated debt relief for Sappi will be suspended as their
           daily flow falls below the trigger point for this relief;

    •      Operating costs, particularly employee healthcare and pension, have risen
           dramatically in the 3.5 years since the last rate increase;

    •      The county recently issued new debt for wastewater system improvements
           and plans to issue more debt in the coming months. In 2008, the city's share
           of current debt service will be abnormally high as this will be both the last year
           of payments on "old" bonds and the first year of payments on "new" bonds.



Recommendation

Obviously there is uncertainty surrounding wastewater matters both for the city as
well as the other jurisdictions in Muskegon County. From information currently
available, staff believes that a sixteen percent sewer rate increase will maintain the
city's sewer fund in healthy financial condition for the near-term future.

Thank you.




• Page 2
                                                                                                       City of Muskegon
                                                                          Historical and Projected Sewer Fund Operating Casb Flow and Debt Service Coverage
                                                                                      Fiscal Y elm Ended or Ending December 31 , 1999 Through 2008




                                                                                                                                                                          Projected            Projected            Projected            Projected
                                                             1999               2000               1001               1001              1003              1004              1005                 1006                 1007                 2008
Operating Revenues                                                                                                                                                                         1~'/.Jn~ ........

  City Sewer Sales                                       $ 3,649,614          3,989,052        $ 3,808,493        $ 3,914,994       $ 4,021,244      $ 4,032,673      $ 4,225,000          $ 4,901,000          $ 4,901,000          s 4,901,000
  Olh~                                                        62.881             45,967            113.::?.01          75,191            36,499           50,918           75.000               75,000               75.000               75.000
Total Operating Revenue,                                 $ 3,712,495        $ 4,035,019        $ 3,921,694        $ 3,990,185       $ 4,057,743      $ 4,083,591      $ 4,300,000          $ 4,976,000          $ 4,976,000          $ 4,976,000

Openting Expenses
  Operations and Administrative                          $   278,896        $   224,833        $   263,873        $   370,396       $   388,912      $   402,634      $   442,897          $   487,187          $      535,906       $   589,496
  Maintenance & Wastewater Treatment                       2,135,820          1,998,180          2,382,674          2,343,279         2,253,677        2,599,280        2,818,594            3,537,765               3,643,898         3,753,215
  Bad Debts                                                    3,059             13,098              9,835             13,300             6,865           37,025           10,000               10,000                  10,000            10,000
  Depreciation and Amortization                              613,146            608.283            517,888            601,586           667.831          662,976          662.976              662,976                 662,976           662,976
Total Operating Expenses                                 $ 3,030,921        $ 2,844,394        $ 3,174,270        $ 3,328,561       $ 3,317,285      $ 3,701,915      $ 3,934,467          $ 4,697,928          s    4.852.780       $ 5,015.687

Operating In<.:ome (Loss)                                                                                                                                                    365,533       $      278,072       $      123,220       s      (39,687)
                                                         '    681,574       $ 1,190,625        $    747,424
                                                                                                                  '    661,624
                                                                                                                                    '   740,458      $    381,676     $

Non-Operating Revenues {Expenses)
  Interest Earned                                        $     27,684       $     54,362       $     69,601       $     22,263      $    19,739      $      12,821    $       30,000       s       30,000       $       30,000       $       JO,OOO
  Other                                                                                                                                                    147,532
  Operating Transfers In (Out)                               87,474                              (454,812)                                                  47,796
  Extraordinary Item                                       (352,009)                             (220,000)
  Depreciation                                              613,146              608,283          517,888              601,586          667,831           662,976            662,976              662,976              662,976              662.976
Total Non-Operating Revenues (Expenses)                  $ 376,295          $    662,645       $  (87.323)        $    623,849      $   687,570       $   871,125     $      692,976       $      692.976       $      692,976       $      692,976

NET INCOME AVAILABLE FOR DEBT SERVICE $ 1.057,869                           $ 1,853,270        $    660.101       $ 1,285.473       $ 1,428,028      $ 1,252,801      $    1,058,509       $      971.048       $      816,196       s      653,289

Debt Service Requirements
  Principal on Debt                                      s   1,089.893      $ 1,004,794        $    972.887       $ 1.116.046       $ 1,151,091      $ 1,107,267      $                    s                    $                    $
  Interest on Debt                                             237,636           216,776            197,169             137,622          132,214           110,520
  Paid by Sappi                                               (593,601)         (583,278)          (572,954)           (657,128)        (677,897)         (652,088)         (467,656)            (841,865)            (798,335)           (1,149,551)
  The 1996 County Bonds                                                                                                                                                      866,922
  The 2002 County Bonds                                                                                                                                                      258,976             1.429,514            1,355,599           1,282.268 (3)
  The 2006 County Bonds                                             0                  0                  0                  0                0                                                                                             604,584 (3)
                                                              733,928       $                       597,102                         $                                 $                           587,649              557,264              737,301
Total                                                    $                       638,292       $                  $    596,540          605,408       $    565,699           658.242       $                    $
                                                                                                                                                                                                                                     '
Coverage Ratio                                                   1.44x             2.90:s:             l.ll:s:            2.15:s:          2.36x              2.2h             1.6h:                 1.65x               1.46x                 0.89x

Annual Increase in Revenue Necessary for 1.40x Coverage.                                                                                                                              $0                   $0                   $0          $378,933
AnnuaJ Increase Necessary to Produte 1.40):; Coverage.                                                                                                                         0.00"/~              0.00%                o.oo·;.              9.6&%

(I) 1999 through 2004 Actual.
(2) Non-operating revenues are not assumed to change
(3) For 2008 debt service is required for both the 2002 and 2006 bonds. Starting 2009, on!y the 2006 bonds will be outstanding.
                                 CITY OF MUSKEGON
                               RESOLUTION NO. 2005- 1 1 o (d)

At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission
Chambers on November 22, 2005.

RECITALS

A review of the rates for sewer service has been accomplished by the City's staff,
recommendations received, and the City Commission has determined that the following rate
changes are justified. Accordingly, this resolution is made for the purpose of maintaining the
financial viability of the City's sewer system.

THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

1. Charges for residential sewer service shall be changed from $1 .32 per 100 cubic feet to $1.53
per 100 cubic feet;

2. Charges for commercial/industrial sewer service shall be changed from $1.66 per 100 cubic
feet to $1 .93 per 100 cubic feet;

3. Charges for all non-metered residential sewer customers will be calculated based on an
assumed usage rate of 35 hundred cu. ft. per quarter.

4. Unless there is a separate agreement specifying a different billing method, non-resident users
of the city sewer system will be billed at a rate that is double (2x) the city rate for that class of
user.

The above changes to be effective January 1, 2006.

This resolution adopted.


YEAS:    1

NAYS:    Q

CITY OF MUSKEGON           j
By' ~Q . ~~
STATE OF MICHIGAN COUNTY OF MUSKEGON

I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 22nd day
of November, 2005 and that the minutes of the meeting are on file in the office of the City Clerk

compliance with Act 267, Public Acts of Michigan, 1976.     .),    •.           LJ.....,.. .
and are available to the public. Public notice of the meeting was given pursuant to an in
                                                                        Q
                                                            ~               '                 6
                                                                                                    2
                                                    Typical Monthly Sewer Bill
                                               Ranked from Lowest (1) to Highest (6)
                                      Residential Customers -7,500 Gallons Usage Per Month

                                                                                                                           Sewer
    .commun.ity                                                                                                             Bill           Rank

      Norton Shores                                                                                                          13:58
2   Muskegon (Current Rate)                                                                                                  15.86            2
3     Muskegon (Proposed Rate Effective 1/1/06)                                                                              18.01            3
4   __Nort_h Mus~(!_g_C?n                                                                                                    18.13            4
5   MuskegonHeights.                                                                               ·~   •-   ·•--~•••H
                                                                                                                             19.11            5
6     Roosevelt Park                                                                                                         27.06            6

    Average                                                                                                               $18.63
    ·;.;,e-difm                                                                                                           $18:07 ..

    Note: Assumes 7,500 gallons {or 1,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.




                                                    Typical Monthly Sewer Bill
                                              Ranked from Lowest (1) to Highest (6)
                                     Residential Customers - 15,000 Gallons Usage Per Month

                                                                                                                          Sewer
    Community                                                                                                              Bill            Rank

    Norton Shores                                                                                                           23.33
2   .M.ll_s~~g~n f:l~_ight_s                                                                                                27.13             2
3    Muskegon(Current Rate)                                                                                                 29.06             3
4   .North Muskegon                                                                                                         30.43             4
5   .fv1usk~gon JProposedRate Effective 1/1/06)                                                                             32.74             5
6    Roosevelt Park                                                                                                         46.11             6

    Average
                                                                                                                  .... ·.····$31:47·····
    'Median· ·                                                                                                       . £29~?}".
    Note: Assumes 15,000 gallons (or 2,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.




    ~ource: Lo~-~! area s~rve!( ~C:>nducte~ by City__of_II_J1usk~_~()-~ _as   .o! Noyem~er 2005.
Date:       November 22, 2005
To:         Mayor and City Commission
From:       Department of Public Works
RE:         Sale of Water to Idlewild Resort in Norton Shores


SUMMARY OF REQUEST:

Nugent Sand Company (NSC) has requested permission to purchase
water from the City of Muskegon via the City of Norton Shores on a
temporary basis. The attached two contracts list the responsibilities of
each party.

FINANCIAL IMPACT:

The City of Muskegon will be paid an annual readiness to serve fee of
$1600 (with allowance for future adjustments) plus a water rate based
on 1.35 of the water used. These provisions will be in place until such
times as the City of Norton Shores builds their own system to handle this
water demand.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Staff recommends that the City of Muskegon City Commission approve
the attached documents for the temporary sale of water to Idlewild
Resort.

COMMITTEE RECOMMENDATION



9/18/97
                                    PARMENTER O'TOOLE
                                                        Attomeys at Law


                               175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                      Phone 231.722.1621 • Fax 231 .722.7866 or 231.728.2206
                                                      www.Parmenterlaw.com




November 8, 2005

Gail A. Kundinger, MMC
City Clerk
City of Muskegon
933 Terrace
P.O. Box 536
Muskegon, MI 49443-0536

Re:      Sale of Water: Norton Shores/Nugent Sand

Dear Ms. Kundinger:

As you may be aware, city staff has been working with representatives ofNorton Shores and
Nugent Sand to finalize an anangement whereby Muskegon would sell water to Norton Shores
for the Idlewild subdivision. Those documents have been finalized.

Enclosed please find the following:

1)       Water Line Installation Agreement; and

2)       Water Line Extension Agreement.

I presume that Bob Kuhn will prepare whatever cover sheet, etc. is necessary for a matter to be
presented to the City Commission. Assuming approval, please have three copies of each
document executed and returned to me.

The documents will be executed in counterparts. Once fully executed, I will provide an original
of both documents to you.




John C. Scluier
Direct: 231.722.5401
Fax: 23 1.728.2206
E-Mail Address: jcs@parmenterlaw.com

Enclosures

c:       Bob Kuhn



G:\EDSI\FILES\001 00\1974\LTRICH7705.DOC
                       WATER LINE INSTALLATION AGREEMENT


        THISAGREEMENTmadethis             ,-:;:::!'" dayof   i:>{'c.Efn    iJ,;.f'    '2005 by

the CITY OF MUSKEGON, 933 Terrace St., Muskegon, MI 49440 and the CITY OF NORTON

SHORES, 4814 Henry St., Norton Shores, MI 49441 to provide for the installation of a new

public water main, do covenant and agree as follows:

        WHEREAS, the Nugent Sand Company has requested that the City of Muskegon allow

for the tapping of their 30 inch cast iron water main located on the south side of Sherman

Boulevard, and,

       WHEREAS, the Nugent Sand Company desires to connect an 8-inch water main to

service the residents of the Idlewild Resort Subdivision, and,

       WHEREAS, the Idlewild Resort Subdivision is located within the City of Norton Shores,

and,

       WHEREAS, the Nugent Sand Company will pay for and contract with an appropriate

qualified contractor for the installation of the 8-inch water main, and,

       WHEREAS, upon completion of the construction, the Nugent Sand Company shall turn

over the connection portion of the water main along with the portion parallel to Sherman

Boulevard, located within the City of Muskegon to the them, and, the balance of the 8-inch water

system will be turned over and dedicated to the City of Norton Shores.

       WHEREAS, the two systems will be separated by a valve which will be installed at the

expense of the Nugent Sand Company and shall be part of the Norton Shores system.

       In consideration of the circumstances surrounding this matter, the parties hereto therefore

covenant and agree as follows:
       1.      That the City of Muskegon hereby allows the Nugent Sand Company permission

to tap the City's 30 inch-cast iron water main located along the south side of Sherman Boulevard

so as to extend an 8-inch water main west and then south to the residents of the Idlewild Resort

Subdivision located within the City of Norton Shores on the condition that:

               a.      Nugent comply with the terms and conditions of the Water Line Extension

                       Agreement, the terms of which are incorporated by reference.

               b.      That Nugent or its agent provide acceptable engineering drawings

                       depicting the location of the tap prior to the commencement of

                       construction.

               c.      That Nugent or its agent provide "as-built" engineering documents upon

                       completion of construction.

       2.      That the City of Muskegon shall bill the City of Norton Shores quarterly based

upon the meter readings which will be provided by the City of Norton Shores of the connected

users for actual water used at a rate of 1.35 times the rate charged to the City of Muskegon

residents, plus an annual tap fee of$1,600 to be initially paid upon execution of this Agreement

and then annually thereafter for five (5) years or the interconnect is closed, whichever occurs

sooner. If after five (5) years, the connection provided for in this Agreement is still needed, the

annual fee shall be adjusted upward by the increase in the then current Consumer Price Index

("Index"). All Adjustments shall be cumulative. Index means the Consumer Price Index of the

Bureau of Labor Statistics, United States Department of Labor (CPI-U), all items index for all

urban consumers-U.S. city average (1982-84 = 100), or any similar replacement therefore;

provided, however, that in no case shall any such adjustment result in a decrease in the fee.

       3.      That the City of Norton Shores shall:




                                                 2
a.   Allow a tap into the 8-inch water main so as to extend water services to

     the private property line for each residential connection upon payment of a

     fee, the amount of which shall be set by resolution of the City Council

     for each residential connection, and for that fee the City of Norton Shores

     will include a meter to be installed within each of the residential structures

     with a wired remote read. Costs incurred by property owners to physically

     connect to the water main are not covered by this Agreement and shall be

     billed and collected as provided in the Code of Ordinances for the City of

     Norton Shores.

b.   Own and maintain the 8-inch water main within an appropriate easement

     from the valve on the south side of the tee at the Sherman Idlewild Road

     intersection south into the Idlewild Resort.

c.   Pay the City of Muskegon for actual water used, as well as any significant

     unmetered water, (more than 2000 gpd) the amount of which will based

     upon quarterly meter readings at the rate of 1.35 time the rate charged by

     the City of Muskegon to its customers.

d.   Cure the cause of any significant unmetered water loss (more than 2000

     gpd).




                               3
                      e.        Limit construction to the 8 inch water main to residential development

                                within the Plat ofldlewild Resort unless approved by the City of

                                Muskegon.


           4. This agreement may be signed in two or more counterparts, each of which shall be

            considered an original and all of which together shall constitute one and the same

           instrument.




                                                             CITY OF     MUSKE~_....--,.

                                                             By ~-'>       --------- '·" .. ' '          '.   -· --- ....



                                                                Stepll




Rl\NS\Miscellaneous\ Water Line Installation Agt
(Rev.II.08-05@ I O:OOam)




                                                        4
                         WATER LINE EXTENSION AGREEMENT


        THIS AGREEMENT made this I          ~day of ,) <f' c E ,_,PIE tf'             , 2005,

between THE NUGENT SAND COMPANY, INC., of2925 Lincoln, Muskegon, MI 49441

the CITY OF MUSKEGON, 933 Terrace St., Muskegon, MI 49440 and the CITY OF NORTON

SHORES, 4814 Henry St., Norton Shores, MI 49441, do covenant and agree as follows:

       WHEREAS, the Nugent Sand Company has requested that the City of Muskegon allow

for the tapping of their 30 inch cast iron water main located on the south side of Sherman

Boulevard near Beach Street, and,

       WHEREAS, the Nugent Sand Company desires to connect an 8-inch water main to

service the residents of the Idlewild Resort Subdivision, and,

       WHEREAS, the Idlewild Resort Subdivision is located within the City of Norton Shores,

and,

       WHEREAS, the Nugent Sand Company will pay for and contract with an appropriate

qualified contractor for the installation ofthe 8-inch water main, and,

       WHEREAS, upon completion of the construction, the Nugent Sand Company shall tum

over the connection portion of the water main along with the portion parallel to Sherman

Boulevard, located within the City of Muskegon to the City of Muskegon and the balance of the

8-inch water system will be turned over and dedicated to the City of Norton Shores.

       WHEREAS, the two systems will be separated by a valve, which will be installed at the

expense of the Nugent Sand Company, and shall be part of the Norton Shores system.
NOW THEREFORE the pmiies covenant and agree as follows:

l.    The Nugent Sand Company agrees that:

      a.     It shall at their expense, construct a water main including the costs

             associated with tapping the City of Muskegon's 30-inch cast iron water

             main located on the south side of Sherman Boulevard as well as all of the

             costs associated with the extension of and the tapping into an 8-inch water

             main to service the residents of the Idlewild Resort Subdivision. In

             addition Nugent shall pay a tap fee to the City of Norton Shores in the

             amount of $1,600.00 within thirty (30) days of the issuance of an invoice,

             and thereafter annually, upon the issuance of an invoice to reimburse the

             City of Norton Shores the annual fee paid to the City of Muskegon in the

             amount of $1 ,600.00. This annual payment will continue for five (5) years

             or until the inter connect is closed, whichever occurs sooner. If upon the

             expiration of five (5) years, the connection provided for in this Agreement

             is still needed, the annual fee shall be adjusted upward by the increase in

             the then current Consumer Price Index ("Index"). All adjustments shall be

             cumulative. Index means the Consumer Price Index ofthe Bureau of

             Labor Statistics, United States Department of Labor (CPI-U), all items

             index for all urban consumers~U.S. city average (1982-84 = 100), or any

             similar replacement therefore; provided, however, that in no case shall any

             such adjustment result in a decrease in the fee. Following each such

             adjustment, the term "fee" as used in this Agreement, shall mean the fee as

             most recently adjusted.




                                       2
b.   That they shall protect Sherman Boulevard with temporary sheeting

     during the construction ofthe water line, disturbing only the bike path

     which will be restored to the condition that existed before the water line

     installation. If permanent repairs cannot be made immediately, then a

     temporary patch will be done until Spring 2006 when a permanent patch

     shall be completed.

c.   That they will provide one week advance written notice to the Director of

     Public Works for the City of Muskegon of the date, time and location of

     the tap into the City of Muskegon line.

d.   That a copy of any contract, redacted to protect the privacy of the

     economic terms for the construction of the water line shall be delivered to

     the Director of Public Works for the City of Muskegon.

e.   Hold and indemnify the City of Muskegon and the City of Norton Shores

     from any and all claims of any kind occurring as a result of the extension

     and construction of the water line by Nugent Sand Company or its

     contractor(s). Notwithstanding anything to the contrary herein, Nugent

     Sand Company shall not be responsible for indemnifying and holding the

     City of Muskegon and City of Norton Shores harmless from any claims

     arising from the negligence or intentional acts or omissions of the City of

     Muskegon, City of Norton Shores or their employees, contractors,

     invitees, or agents.

f.   That they will incur the expense and install a tee and valve for a future

     extension to the City of Muskegon at a location pursuant to the drawings




                               3
     prepared by Westshore Consulting as provided to the Director of Public

     Works for the City of Muskegon.

g.   That they shall construct the 8-inch water line with Class 52 ductile iron,

     including appropriate fire hydrants along with all necessary valves in

     accordance with state and local standards. Fire hydrants are to be spaced

     at 450 feet along Idlewild Road, and at 350 feet within the Plat ofldlewild

     Resort.

h.   The water main shall only be constructed after the permit is issued by the

     Michigan Department of Environmental Quality.

1.   They will deliver an executed public utility easement attached as Exhibit

     A signed by all affected property owners in recordable form pre-approved

     by the public entities involved. That the easement shall provide for the

     installation, construction and maintenance of the water main. In addition,

     Nugent shall, via either a Quit Claim Deed or other "Bill of Sale" in a

     form pre-approved by the Cities of Muskegon and Norton Shores, transfer

     the actual water line to the public entities involved.

J.   Will obtain any additional permits needed to accomplish the construction

     of the water main including, but not limited to, water system construction

     permits, critical dune permits, soil erosion and sedimentation control

     permits and any other permit required by an agency, entity or municipality

     exercising jurisdiction over the construction.




                                4
     k.     Tum over ownership of the 8-inch water main to the City ofNmion

            Shores upon its completion from the location of the valve on the south

            side of the tee at the Sherman/Idlewild intersection.

     I.     Shall supply the City of Norton Shores and the City of Muskegon with as-

            built construction drawings when the project is completed.

     m.     That annual payments which remain unpaid for more than ninety (90) days

            shall, at the Cities discretion, added to the ad valorem tax bill for the

            properties owned by Nugent at the time of the assessment and collected

            in accordance with normal City Policy as provided by law.

     2.     The City of Muskegon agrees:

     a.     To fulfill the obligations and requirements as detailed in the Water Line

            Installation Agreement with the City of Norton Shores. (Attached as

            Exhibit B)

     b.     Accept the portion of the water system along Sherman Boulevard upon

            completion of construction from the tap into the 30 inch main from that

            valve west approximately I 05 feet to a tee and valve allowing for the

            extension of the 8 inch main south to the Plat ofldlewild Resort.

3.   The City of Norton Shores shall:

     a.     To fulfill the obligations and requirements as detailed in the Water Line

            Installation Agreement with the City of Muskegon. (Attached as Exhibit

            B)




                                        5
                    b.        Accept the portion of the water system along Sherman Boulevard and

                              within the Idlewild Resort Plat upon completion of construction.




          4. This agreement may be signed in two or more counterparts, each of which shall be

considered an original and all of which together shall constitute one and the same instrument



                                                    NUGENT SAND COMPANY, INC.

                                                           By_______________________

                                                           Its._ _ _ _ _ _ _ _ _ _ _ __

                                                           By_______________________

                                                           Its_ _ _ _ _ _ _ _ _ _ _ _ __




RT\NS\Miscellaneous\Agreement-Nugent-Cities
(Rev. ll/08/05@10:00am)




                                                      6
                   b.        Accept the portion of the water system along Sherman Boulevard and

                             within the Idlewild Resort Plat upon completion of construction.




         4. This agreement may be signed in two or more counterparts, each of which shall be

considered an original and all of which together shall constitute one and the same instrument




                                                          CITY OF MUSKEGON

                                                          By_________________________
                                                              Stephen J. Warmington, Mayor

                                                          By_________________________
                                                             Gail A. Kundinger, Clerk

                                                          CITY OF NORTON SHORES

                                                          By______~~-------------­
                                                            Nancy Crandall, Mayor

                                                          By·_________________________
                                                             Lynne Fuller, Clerk



RT\NS\Miscellaneous\Agreement-Nugent-Cities
{Rev. Il/08/05@I0:00am)




                                                      6
Date:          November 22, 2005
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Consideration of Bids
               Street Lights Along Shoreline Dr.


SUMMARY OF REQUEST:
As per your directions, bids were solicited and received to install approximately twenty (20)
street lights along Shoreline Dr. between Ottawa & First as well as Terrace Street between
Morris & Shoreline Dr. John Howell of Lansing, Michigan submitted the lowest bid of
$70,000 ($3,500 per light). Windemuller (Montague, Ml) submitted the only other bid of
$94,000.

Your authorization to enter into a contract with John Howell is requested should it be your
desire for the City to be the owner of those lights.

FINANCIAL IMPACT:
The installation cost of 70,000 plus any direct expenses to consumer Energy to provide
the energy source which is estimated at $5,000.




BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:
Authorize staff to enter into a contract with John R. Howell if the it is desired that the city be the
owner of the lights.



COMMITTEE RECOMMENDATION:
                                                  ;j-22-CJ
                                                  200 s--i!O      { r,/\


                                  INVITATIONS FOR BIDS
                                  CITY OF MUSKEGON, MI

The City of Muskegon, MI is seeking qualified contractors for the installation of streetlights
along Shoreline Dr. between Ryerson Creek and First St.

A mandatory Pre-Bid Conference will be held in the second floor conference room (room 203)
at City Hall at 9:00a.m. on November 10, 2005 at which time and place any questions
regarding this Project should be presented. Please contact the City Engineering Department @
(231) 724-6707 for any information regarding this project.
.....................   '"'""'   ...... ""                                                                                                                                 ,...~




                                                                                 CITY OF MUSKEGON
                                                                                Enginc~ring             Department

                                                      ADDENDUM NO.l
                        INSTALLATION 0~· STIU:t:'fLlGHTS ALONG SHOREL.INt: DR. BETWEEN RYERSON
                                                    CRF.EK AND FIRST ST.

                                                                       Pre-Bid Meeting
                                                                November 10, 2005 (?:00 a.m.)
                                                      Second rtoor Conference Room (Rm. 203)- City Hall

                 i\tlcodanct"
                 Mohammed Al-Shatel                                City of Muskegon                                                         (231)         724-6707
                 Don T.anrenz                                      City of Muskegon                                                         (ZJI)         724-6758
                 Nicholns Page                                     Consumers Energy                                                         (231)         727-6540
                 Chri~ Bci•d                                       Vc'Tizon                                                                (231)          727-1642
                 JR Howell                                         JR Howell Airport Lighting LLC                                          (517)          230-3558
                 Kathy Glisson                                     JR Howell Airport Lighting LLC                                          {231)          797-5640
                 Frit-. Kortha'c                                   Windcmullcr Electric                                                    (231)          894-2979

                 Absent:
                 Steve Ornkc                        ComCast
                 Paul Larsen                        DTE
                 OVERVIEW:.                         Mohammed AI-Shatel

                 The project call• !·or the in~tallation of twenty (20) street lights of n Shakespeare grey fiberglass poles
                 with a height of 39.5' .<imilar to those installed by Consumer on the northerly section of the proposed
                 project area. Those role~ arc to be purchu,cd !rom Consumer Energy to retain consistency.

                The project area is Shoreline Dr. from Wcstcrn/Spring/Ryerson Creek down to First St. and Terrace St.
                from Morris St. down to Shoreline Drive. Bids for tills JlrOjcct arc due by Wednesday, November 16,
                ZOOS at 2:00p.m. in the City of Muskegon Engineering Office (room 205). Each bidder must submit
                the required 5% Bid Bond with his/her bid. Sheet 114 (Bid Proposal page) •how~ a requirement for 20
                streetlights, however, be aware that the bid price• should be good lor an increase or dccrca•e of by 25%
                according to the contra~\ guidelines. Also, the bidder should factor in a cost for the warranty on each
                streetlight tor one (I) year. The project area requires that the conduit is in•talled below ground nnd Ulc
                successful bidder should be mindful of his/her handling of the soil in the area. He/she must ensure to take
                the proper precautions such as wearing glove~ while splicing the conduits, not removing soil from the
                site, not exposing the workers to the soil any more than necessary, etc. The original Shoreline Urivc
                construction plans will be available to Lhc succe~sful Bidder for reference if necessary. The request for
                proposal that ouflines the scope of the project based on the work that Consumers Energy had previously
                done in the project area.

                UTILITII1S

                CONSUMERS                          Consumers Energy has insUtlled Shakespeare grey fiberglass poles with a height
                                                   of39.5' from Ottawa St. to Shoreline Drive to the City's street lights on Lhc
                                                   skyline and back to Spring St. The pole• come pre-drilled with a 6' mast
                                                   am1. 'l1tey recommend using 400-walt high-pressure sodium hulb$ . .For the
                                                   purpose of this project, the contructor will be able to purchase the poles from
                                                   Consumers Energy at a price of $1,434.20 for each location.

                COMCAST                            Absent

                                                                                          Page 1 of2
                0:\tNOfNI!r:ldN(l\f:OMM{JN\lnn.~   l'R0.11'1; ("'T~ MMiTI!II.IPro_ir.cL,\S~JOI<i·:I.!Nii IHIIVI'.\l,;uuh~lpc\Strul Li£111 )ln: hill ilf.lllr.nthm1l,clo~
                                                                                                                                                  .-.-
 DTE                                 Absent

 VERIZON                             No conflicts

                                                              CITY OF MUSKEGON
                                                              Engineering Department

                                AODENDIJM l'iO. I
     INSTALLATION OF STR!i:ETLIGHTS ALONG SHOREUNF. DR.llEl'W££N RYERSON
                                                             CREEK AND FIRSl' ST.

                                                        Pre-Bid Meeting
                                                 November 10, 2005 (9;00 a.m.)
                                      Second I'loor Conference Room (.Rrn. 203) -·City Hall
 UTILITIES (cont'dl

 DPW                                 N/A



                        1.           The Aid Proposal page docs not outline the City's standard contract requirement
                                     for a one-( I) year wa!Tllnty which should be taken into account in the
                                     contractor's bid.
                       2.           1ltc Did Proposal page will be amended to reflect the year warranty.
                       3.            Staking will be done by the owner.
                       4.           The conduits arc located on the outside of each lane.
                       S.           The NE comer ofTen·ace and Shoreline has a tran~fonncr, which may be a key
                                     starting point.
                       6.           .t( uccorntivc outlets/receptacles are required, other arr~ngcmcnts will have to be.
                                    made.
                       7.           All necessary p~nnils arc the responsibility of the successful bidder.
                       8.           The affected soil must be re-used in the location of the applicable pole.
                       9.           The poles come pre-drilled with u 6' mast am1 and wilJ have 400-wa\t high-
                                    pn:$surc sodium bulbs. For the purpose ofthi$ project, the contractor will be
                                    able to purchase the poles from Consumers Energy at a price of $1,434.20 for
                                    each location
                       JO.          The contractor will be rc>')lonsiblc for providing power/energy for the installed
                                    lights. The owner will pay any direct co.<t to Consumer to oft'sct costs associated
                                    with item. An allowance of one ($1) dolJar has bc•11 established to address this
                                    unknown.
                       II.          The unit prices on the proposal sheet arc inclusive of all material, cquipmcmt und
                                    labor ncec$>ary to accomplish the complete installation ;md energiling of the
                                    twenty (20) plus-minus street light poles.
                       12.          The cost of the poles that were mentioned during the meeting OlD NOT inclt~dc
                                    t;lXes and the contractor should keep that in mind when submitting the bid
                       13.          Since the proposed lights will be owned by the City, they will have to be metered
                                    separately and therefore u pedestal for n separate meter should be included in
                                    your price.




                                                                       Page 2 of2
0:\~'k1rNI!I~HISr. 1tYIMMON\J_on5   PROJii CrS   MASTEJ.(\I'roj~~l~\..,lltllllii.INI\ llRIVC\Lundsca~\.1\uull.iKht rr~:   hid   ndJcutlumi.UU~:
v .................... ....
                                                                              --~   ..................... .




                                              4.0 Compliance with Section 7a Obligations

                       4.1 Euccrbalion

                    The proposed property use is o:xp<crcd 10 be chaoged to highway and hithway righl-of-way will nor
                    cxacerbale lhe cxisliog conlaminalion. Conslruclion of Shorelioe Drive will involve cxcavalion of
                    I he si1e.

                    l11e currenl land use is a credil union.        No future relca.ses :ore expec1cd as rhere is no use of
                    hnardous substances on this P:o.rcd.

                    fulure use of I he sile is expected lo be 10 highway richt.:Of-way with lillie or no haz.ardous substance
                    use. II is onticipalcd lhal c:urrcnl site may be •lleted and lhe area p•ved wilh on impermeable
                    mal erial. If excav:Jiion of soils would occur, en&itJeering conlrols and soil erosion measures would
                    be implemenled 10 prevenl the spread or migralion of site soils. The proposed fulurc site use will not
                    increase any addilional response cosls, however consll'l.lclion activities may require control measures
                    that may add cost_ Based on currenl data, no addirional remedial measures will be necessary lo
                    mainlain convnercial uses atrhis ~ite.


                   4.2 Due Care
                   To mitig.11< unacceptable exposure to h>Y.ardous substanees, and oil ow for the intended use of I he
                   facilily in;~ m3nner thai protetts public health and s.nfe1y. 1hc following response aclivilies have             or
                   will be completed:

                   •     Ar.y USTs discovered durin& excavation and gradin& activities will be disposed according to
                         appropri.1te regulacions

                   Fu1ure use of the property is specuiQtcd    10   be highway and highway ri&Jll-of.way with lillie or no
                hazardous substance \Jse. U exiuinc, structuus         ~c   demolished        30d     comrrocrion :Jctivicies occur 3~
                <he Si~r, rhe following measures would be im plcmenred:

                •        Lcod·b..scd p:Unr or asb.:Sios in exi«inr; slfucrurcs would be idetnilicd, removed and d;sposed
                        olin :accoJ·d.:ancc with ~pplicablr rc&ubtiOn$,

                •       If constl'l.lction aclivities require removal of surface or subsurface soil, the material will be
                        characterized and disposed in accordance with applicable regulations. The conlroclor will be
                        provided with avoilable infom1ation regarding known site.condilions and provided with lhe
                        propeny sampling analyticol results.

               •        Appropriate eneineering controls will be implemented to minimize dust mitration orrsite .

               •        Soil erosion and slormwater control measures will be implemented in accordance with local and
                        slale requirements.




                                                                                                                                    a    Gli2!MII
llUV   1~   U~   1Ui~Oa                                                                               I" ••




                                  West Michigan's ShoreUne City
                              ENGINEERING DEPARTMENT
                              TRANSMITTAL COVER SHEET
                                  PH# 724-6707- FAX# 727-6904

   DATE:           11114/05

  COMPANY                    CONTACT                      .PHONE                              FAX
  Windemullcr Electric       F. Korthase               (231) 894-2979                      (231) 894-1310
  JR Howell Airport Lighting JR Howell                 (211) 797-5640                      (231) 797-5645


  From
  Mohammed
  City Engineering
                                                                      -- ......,
                                                                                   \
                                                                                       '
  Subject:        Shoreline Dr.- Street Light Installation. Addendum #1 )
                                                                                   .

  Should you have questions, please contact me at (231) 724-6707

  Thanks




                                          Number of p:~gcs sent, including cover sheet:                       ~

  *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (231) 724-6707**.•**
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                                                              d         1\
                                                                                                               '' 5r7 7-.3r.) ~SS8'
 =-:hr1'>             /6-ei)e(
  j) {/ ('t         t-.fi 13 f-.tHli'V 1i
                                   CITY OF MUSKEGON
                       AGREEMENT FOR SERVICES OR CONSTRUCTION OF

   THE INSTALLATION OF STREETLIGHTS ALONG SHORELINE DR. BETWEEN
                    RYERSON CREEK AND FIRST ST.

 THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933
 Terrace Street, Muskegon,               Michig~n: and _i}j_?"fg_[J:L_j_cJ._tl_~~-':j, UJ--
 ("Contractor"), of ~J.:!!.!.!~(/viichigan, for a small or tmited project, and
 is made in the following terms:

                                        Agreement and Performance

Contractor agrees to perform and supply all the services and materials set forth
in the Statement of Work attached to this agreement, ("Performance").
Contractor's performance shall be accomplished in a good and workmanlike
manner, to the satisfaction of the City. Performance shall be completed on or
before April 30, 2006

                                                        Price

Contractor will perform as set forth above for the complete contract price of
L10/)1X/!___ _
                                         Conditions and Covenants

Contractor will comply with all laws, rules and regulations of the City, and any
other local government of the State of Michigan and the United States
Government. Contractor will supply insurance as required by separate written
document, naming the City as an additional insured, if appropriate, and shall
carry such additional insurance coverage's as are required by the City.
Contractor shall hold the City harmless against any and all claims for damages or
costs made against the City arising from Contractor's performance, including all
costs of defense, attorneys' fees, expenses and the amount of any damage
determined against the City.

Contractor certifies that it is eligible for performance of government work and
has not been cited or listed for failure to comply with Wage and Hour or
prevailing wage regulations of the State of Michigan or the Federal Government.

                                                         -1-


0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement. doc
                                      Termination and Cancellation

This contract may be terminated for failure to perform in accordance herewith,
and Contractor shall be liable for normal contractual remedies available to the
City. In the event liquidated damages for nonperformance are agreed to, the
following amounts constitute liquidated damages:

         $300.00           per day of non-performance.

                                     Nondiscrimination Compliance

C()ntractor agrees to comply with all nondiscrimination laws, rules and
regulations and policies of the City, State and Federal Governments including,
but not limited to, the provisions of Executive Order 11246, Affirmative Action
Requirements for Disabled Veterans and Veterans of the Vietnam Era and for
Handicapped Workers, if required by the City and appropriate for the services in
this contract.

Contractor shall comply with City oversight procedures. The provisions of all
said policies, rules, executive orders and laws regarding nondiscrimination and
affirmative action are available from the City by contacting the Affirmative
Action Director of the City, City Hall, 933 Terrace Street, Muskegon, Michigan,
telephone (231) 724-6703. The City may supply a copy with this contract in its
discretion.

The parties agree to performance of this contract by signing below. The
effective date of this agreement is _               _/]~.{{_ ______ , 2005.

                                                                     Contractor:
                                                                 ~   By   ~}J:i<dtl~_!~~~:_ ____ _

                                                                     CITY OF MUSKEGON

                                                                     By   #~)t&~gU_~------
                                                                                    ( 2- I 2-    c J·-



                                                        -2-


0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Prajecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.dac
                                               Contract Between
                                               City of Muskegon

                                                         And
             _____1/J_ilf.O_i±___LJ.!;;.y0~~_)_"J.?-r-l-1-~~~-- (Con !rae tor)
                                          STATEMENT OF WORK

All material, labor & equipment necessary to install approximately twenty
(20) street light fixtures, complete similar to those already installed on
Shoreline Dr. north of Ryerson Creek (intersection of Western Ave. &
Shoreline Dr.), side of Shoreline Dr. Four (4) 4 inch PVC conduits & hand-
holes have been installed on the outside terraces and none in the median
area. The conduits were installed without anv pull lines.




                                                                  In it i a Is ~[;14-*      _______________. :.


                                                                 City   :-:/ftiulY::.6_~-R~!J_._( _____ _
                                                                                    (Department Head)

                                                                                        I Z..- I 2- c<;. /


 Contract for service and construction for small and limited projects. This form
  would generally be used for projects under$ N/ A           ~informally bid or
solicited, where no performance bond is being required. Generally such projects
             will involve repair and maintenance, one-time services.


                                                         -3-


0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
                                                                                                   ,- ..




            INSTALLATION OF STREETLIGHTS ALONG SHORELINE DR.
                  BETWEEN RYERSON CREEK AND FIRST ST.

                           BID    PROPOSAL~REVISED                    11/10/05
i                  ITEM DESCRIPTION                       UNIT      QTY     UNIT COST      TOTAL PRICE

I SCHEDULE OF        PRICE
'   For the entire work outlined in the contre~ct
,   documents and the drawing complete as specified
I   using equipment and material only of the type and
'   manufacturers where specifically named                EACH       20
                                                                            ·:') c..; Dt')C<) 7o ooc/'9



: MATERIAL AND EQUIPMENT
i The contract documents stipulate that the base bid price shall include materials
  and equipment selected from the designated items and manufacturers listed therein,
; as well as a one-year warranty of the work from the date of acceptance.
: This is to establish uniformity In bidding and establish standards of the items named.


        ·"£ ~ J          QQQ.D          L0; +h           (oi£'L~           <f ~A.!YP--"~YVI..JYI ;j-~      J




                                                        -4·
                                                                                                                          r .•




                                     Board of County Road Commissioners
           ROAr.t
COMMISISIONCr:.tSI:                            of Huron County
         IIAII/\.1'                     MAILING ADORJ;;SS: P.O. BOX 270 · B/\0           /\XI~~.   Ml 4F.\/I.t3 .. Q270


                                          417 S. HANSELMAN !-';'1'1-.:IO::CT ·DAD AXE. Ml          4B•~::n;-,M0270
AI.AI'ol .J,   M&..:"IA~OAIII
       r•ofo!T IICII"Ii                            TCL: 980·26!)··6404 · F 1\ )(: ~1H~'J-?C;i9-8rJ.01




                                                                    November 15,2005



                                                    J,cttcr of Recommendation
                                                                 Fur
                                              .J.R. Howell, Airport Lighting, LLC

                    J.R. Howell has completed variou~ lighting projects at the Huron County Memorial
                    Airport. Their work has been satistactory and within appropriate time limits of the
                    contract. We are not aware of any default on their part or litigation as a result ofJ.R.
                    J.lowell's work. To the best of our knowledge, all subcontractors, and/or suppliers of
                    labor or materials on each project were properly compensated.

                    I would recommend J.R. Howell as responsible and competent, and I believe they can
                    capably pcrtorm airport lighting type con~truction work io a timely and satisfactory
                    manner.

                                                                    Rcspcctlitlly yours,

                                                                                         \tl.
..,..,, .r.u1 ..:.uv...   ....._.-. ..




  OTSEGO CouNTY REGIONAL AIRPORT
   t t 85 VAN TY~E AD. • P. 0. BOX 1396                             GI\Y~ORD,   MICHIGAN 49734               PHONE 5171732-6484




                     Novembe{ 14, 2005

                     To Whom It May Concern:

                     I am writing this letter to recommend J.R. Howell, Airport Lighting, LLC.

                     John Howell has been the electrical contractor for several projects at the Otsego County
                     Airport over the past fifteen years. These projects included the following:

                     1993- HIRL, PAPI's, REIL on Runway 9/27; MITL Parallel Ta,Pway Extension;
                     Airfield Signs; Electrical SeiVice and New Electrical Vault ( $255,653 )

                     1997- Windcone, Underground Electrical ( $54,715)

                     2002- Runway Lighting ( $271,855)

                     All of the work on all of the projects was performed on time and in a satisfactory manner

                     To the best of our knowledge, all subcontractors and suppliers were properly paid by
                     John Howells Company. We have never heMd of any complaints.

                     r, on behalf of the Otsego County Airport, recommend J.R.Howell as responsible and
                     competent, and I believe they can capably perform any airport related electrical work in a
                     timely and satisfactory manner

                     I would be extremely pleased to have Mr Howell and his Company as the Electrical
                     Contr               or any project on our Allport.


                                                  w~,---


                                                            The "Hub" of Northern Michigan
                                                             "Gaylord The Alpine Village"
                    PELLSTON REGIONAL AIRPORT
                   Pellston, Michigan 49769 (231) 539·8441   Fax (231) 539-0936




November IS, 2005



                               Letter of Retommendation
                                          For
                            J. R. Howell, Airport Lighting, LLC


J. R. HoweU has performed tbe following projects for the Pellllton Regional Airport in
Pellsro-, Mithigan: Installed PAPI'S, REILS, Main Runway repair, Repair Beacon,
RebuUt Vault and Installed ramp lighting.

Their work has been satisfactory and. within appropriate time limits of the contract. To tbe
bnt of my lwowledge, all subcontractors, and/or suppliers of labor or materials on each
project were properly compensated.

I would recommend J. R. Howell as responsible and competent, and I believe they can
l!apably perform airport lighting type construction work in an efficient, timely and
1alilfactory manner.

Slnl!erely,

~~
Kelley Atkins
Airport MIIDager
                          David
                           Chapman Agenc4~ Inc-..- - - -
- - - - - - - - - - - - - - - - - · · - · · - - - - ···---····----·····
5700 WEST MT. HOPE HWV... ADDRESS MAIL TO BOX 201ee ·LANSING, MICHIGAN 48901 • TELEPHONE: 5171321·4600 • FAX 5171321-9443


               November 15, 2005


               City of Muskegon
               933 Terrace
               Muskegon, MI 49440

               Re: JR Howell Airport Lighting LLC
               Stt·eetlights along Shoreline Drive

               To Whom Jt May Concern:

               AJ. insurance and srnety bond agents we have worked with the pr.in.cipals of J R Howell
               Airport Lighting LLC for many years. We have found them to have a very high level of
               expertise in all types of lighting including street lighting. We provided insurance and
               bonds for them on projects that averaged well over a hWidred thousand dollars and in
               some cases were over one million dollars each.

               During the completion of thnBe projects their construction safety record was excellent.
               Their employees have been well trained not only in the installation process, but also in
               safety. We bonded a large number of projects and all have been fully completed and
               satisfied.

               On behalf of ow· organization, the David Chapman Agency, Inc., I recommend J R
               H.owell Airport Lightiog LLC as responsible and competent. I believe they can capably
               perfonn construction work for the installation of your street l.ighting project in a timely
               and satisfactory manner.




                          Securit4 for 4our Car, Home and Business
lillUI kUVU   IID1J   l.V, 'tV     rna   U'UV   UVU   'tUVV   V111   VJ'   Vl.lili\U                       11:.1 ""' .l.f "v J..




                                                      CITY OF CLARE
                                                 202 WEST FIFTH STREET • CLARE, MICHIGAN 48617·1490
                                                        989/386·7541 • FAX 969/386-4508
                                                                     AN E;QUAI.. OPPORTUNITY EMPLOYER




                                 November 16, 2005


r.11 CHI G AN
MAIN STI\CCT
                          .      To Whom II May Concern:


                                 This letter of recommendation is regarding J.R. Howell Airport Lighting,
CITY HALL                        LLC.
PH 969/366·7 541
Fx 11811/386·4508
WWW.CITYOFCLARE,ORG              In 1999 the City of Clare had a new runway built on the airport property.
                                 J.R. Howell was the contractor chosen to do an entire lighting renovation
                              and installation for the airport. From the initial meeting, it was obvious how
DEPARTMENT OF                 professional and "no nonsense· the J.R. Howell representatives were.
PUBLIC WORKS
PH 989/386·2182
                              Each of them came to the job site with an attitude that indicated the main
FX 989/386<3445               objective was to get the job done as efficiently and quickly as possible
                              without sacrificing quality.

W/WWT PLANT                   Now, several years after the project completion date, it is almost like we
PH 989/396·2321               have become part of the J.R. Howell "family". On occasion, someone from
FX 989/386·2387
                              the company will call or stop by on their way to another job site and just
                              'check in" to see how things are going. I often wondered why the J.R.
                              Howell representatives were treating Clare so well. The answer is that we
POLICE DEPT.                  are not treated any different froni any of· the others. Every one of their
NON•EMERGENCV
PH 989/386·2121               customers is special to them and it shows.
Fx 969/385·0440
                             As airport manager of the Clare Municipal Airport I would highly
                             recommend the J.R. Howell Company as very professional and
FIRE DEPT.                   competent. I believe they can, and will, perform airport lighting work in a
NON·EMERGENCY
PH 969/366·2151
                            .timely and satisfactory manner.
Fx 989/386·3020

                              Sincerely,
AIRPORT
PH 989/396·01.1.45
FX 989/386·4508             K.JJ}jl?l
                              Richard L. Acker            ~
                              Airport Manager
MAIN STREET                   Clare Municipal Airport
MANAGER
PH 989/366·9190
FX 989/386·9190
             Bond No. 14774673                         PERFORMANCE BOND

            KNOW ALL MEN BY THESE PRESENTS, that we,                       J R   Howell Airport Lighting LLC
             PO Box 210, Luther, MI 49656
            ~~~--------------------------------------------------------•----as
 1.         Principal, and
             Western Surety Company                                                                   ,
...         as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or
            assigns (hereinafter called the Obligee), in the full and just swn of Seventy Thousand and no/100--
            ----------------:------dollars ($ 70,000.00                                          ) lawful money of the
            United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
            administrators, executors, successors and assigns, jointly and severally, firmly by these presents:

            WHEREAS, said Principal has entered into a certain contract with Obligee,

            dated          /I      P-1                  ,
                                              20~ (hereinafter called the Contract)
             Installation of Stree't Lights along Shoreline Drive
                                                                                                             for: - - - - - - -


            and the specifications for said work shall be deemed a part hereof as fully
            as if set out herein:
            NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT:
      1.
      '     (a)     If the Principal shall faithfully perform the Contract on his/her part, as of the time and in the
                    manner therein provided; shall satisfY all claims and demands incurred in or for the same, or
      r-·           growing out of the same, or for injury or damages to persons or property in the perfonnance
                    thereof; shall fully indemnify and save harmless said Obligee from any and all cost and damage
                    which the Obligee may suffer by reason of the Principal's failure to do so; and shall fully
                    reimburse and par the Obligee any and all outlay and expense which it may occur by reason of
                    such default; and

            (b)     If, after completion and acceptance of the work by the Obligee, the Principal shall promptly
                    remedy any defects in the work due to faulty materials or workmanship which shall appear
                    within the period of one year from the date of completion and final acceptance of the worlc, and
                    pay for any damage to said Obligee, to the State of Michigan, or to any municipal subdivision or
                    local authority thereof to which the rights and privileges of said Obligee have passed or been
                    assigned, then this obligation shall be null and void; otherwise it shall remain in full force and
                     virtue.
            The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
            alteration or addition to the terms of the Contract to the work to be performed thereunder, or to the
        k
        r
            specifications accompanying the same, shall in any wise affect its obligations on this Bond; and it does
            thereby waive notice of any such change, extension of time, alteration or addition to the tenns of the
            Contract. or to the work or specifications.




                                                                     -5-


             0:1ENGINEERINGICOMMONI2005 PROJE CTS MASTER\Pro)ects\SHORELINE DRIVE\landscape\Street Ught Installation Agreementdoc
It is hereby further stipulated and agreed that, if the Principal is a non-Michigan Corporation, neither the
Principal nor the Surety shall be discharged from liability on this Bond, nor the bond surrendered, until
such Principal files with the Obligee a certificate from the Michigan Department of Revenue evidencing
the payment in full of all taxes, penalties and/or interest, and a certificate from the Unemployment
Compensation Commission evidencing the payment of all unemployment compensation contributions,
penalties and/or interest, due the State of Michigan from said Principal, or any non-Michigan
corporation, subcontractor thereunder, or for which liability has accrued but the time for payment has
not arrived.

SIGNED, SEALED AND DELIVERED IN _ _....:3:...-_0RIGINAL COUNTERPARTS

THIS           ,z?cJA                    DAY OF     '-/(;-zre:.,,_,_(,-Gv· • 20
                                                        =
                                                                                  tJ   S
Individual Principals Sign Here:                                                           In the Presence of:

    _(.._)+(..._··-_,_r__.,\
           ~                -_,_,'·._·\,_·.._•-="--~--'--
                                               ~·        ..:..;~--- (SEAL)
-             \e _   \   \   1   }   l     •   _I




_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)


--::-------:-----:-:----(SEAL)
     -::To...t:>or0              1--/ o '~ e_.,l    J
Corporate Principals Sign Here:                                                            Attest:




(Printed Name and Title)



                                                                                           Attest:,



    Robert G Chapman, Attorney-in-fact
(Printed Name and Title)


The rate of premium charge is $ _ _..::3:.::0'------------- per thousand.

The total amount of premium charged is $_2=:;':..:1~0~0_;_'::-o,:.o__,:--o-.,----------­
                                          (to be filled in by the Corporate Surety).




                                                                        -6-

0:\ENGINEERJNG\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Street Ughllnslallallcn Agreemenldoc
       Bond No. 14774673                 LABOR & MATERIALMAN'S BOND

     KNOW ALL MEN BY THESE PRESENTS, that we, J R Howell Airport Lighting LLC
      PO Box 210, Luther, MI 49656

     as Principal, and
       Western Surety Company
     as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or
      assigns (hereinafter called the Obligee) in the penal sum of Seventy Thousand and no/100--
     - - - - - - - - - - - - - - - ' d o l l a r s ($70, 000. 00                 ) lawful money of the United States,
      for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal
     representatives, successors and assigns, jointly and severally, firmly by these presents:

      WHEREAS, said Principal has entered into a certain contract with said             Obligee, dated------
     !&). , 20<>( (hereinafter called the Contract) for;          Installation of Street Lights along
       Shoreline Drive

•'
      _ _ __:and the specifications for said work shall be deemed a part hereof as fully as if set out herein:
      NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal, all
      subcontractors to whom any portion of the work provided for in said Contract is sublet, and all assignees
      of said Principal and of such subcontractors, shall promptly make payment for all material furnished,
      labor supplied or performed, rental for equipment employed and services rendered by public utilities in
      or in connection with the prosecution of the work, whether or not said material, labor, equipment or
      services entered into become component parts of the work or improvement contemplated in said
      Contract, in any amendment, extension of, or addition to said Con1ract, then the above obligation shall
I
      be void; otherwise, it shall remain in full force and effect; PROVIDED, HOWEVER, that this Bond is
ii    subject to the following conditions and limitations:

      (a)     All persons who have performed labor, rendered services or furnished materials or equipment,
              shall have a direct right of action against the Principal and Surety on this Bond, which right of
              action shall be asserted in proceedings instituted in the State in which such labor was performed,
              services rendered or materials furnished (or where labor has been performed, services rendered
              or materials furnished under said Contract in more than one state, then in any such states).
              Insofar as permitted by the laws of such State, such right of action shall be asserted in a
              proceeding instituted in the name of the Obligee to the use and benefit of the persons instituting
              such action and any or all other persons having claims hereunder; and any other person having a
              claim hereunder shall have the right to be made a party to such proceedings, but not later than
              one year after the complete performance of said Contract and final settlement thereof. and to
              have such claim adjudicated in such action and judgment rendered thereon; PROVIDED
              HOWEVER, that the Obligee shall not be liable for the payment of any costs or expenses of any
              such suit.                                                                                ·

              The Surety shall not be liable hereunder for any damages or compensation recoverable under any
              workmen's compensation or employer's liability statute.
                                                              -7-
      O:IENGINEERINGICOMMON\2005 PROJE CTS MASTER\ProjectsiSHORELINE ORIVE\LandscapeiSireel Ughllnstalla11on A.greemenldoc
                                    LABOR & MATERIALMAN'S BOND

(c)        In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to
           any suit, action or proceeding thereon, that is instituted later than one year after the complete
           performance of said Contract and final settlement thereof.

(d)        As used herein: The term "Person" refers to any individual, firm or corporation which has
           furnished materials, equipment or public utility services to be used on or incorporated in the
           work, or the prosecution thereof, provided for in said Contract or any amendment, extension of,
           or addition to said Contract; and/or to any person engaged in the prosecution of the work
           provided for in said Contract or any, extensions of, or addition to said Contract, who is an agent,
           servant or employee of the Principal or of any subcontractor, or any assignee of said Principal or
           any subcontractor; and also anyone so engaged who performs the work of a laborer or mechanic,
           regardless of any contractual relationship between the Principal or any subcontractor, or any
           assignee of said Principal or subcontractor and such laborer or mechanic; BUT shall not include
           office employees not regularly stationed at the site of the work.

(e)        It is hereby further stipulated and agreed that, if the Principal is a non-Michigan corporation,
           neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the Bond
           surrendered, until such Principal files with the Obligee a certificate from the Michigan
           Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest due
           the State of Michigan from the Principal, or any non-Michigan corporation, subcontractor
           thereunder, or for which liability has accrued but the time for payment has not arrived.

The Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration
or addition to the terms of the Contract, to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any wise affect the obligations of this Bond, and it does hereby waive
notice of any such change, extension oftime, alteration or addition to the tenns of the Contract, the work
thereunder, or the specifications.

SIGNED, SEALED AND DELIVERED IN--=.3_ _0RIGINAL COUNTERPARTS

THIS             _})~ . DAY 0~7( ({Jt!,J_,:(-1/           , 20_"_;
                                                                1
                                                                  (':..___



In the Presence of:                                               Individual Principals Sign Here:

      Jc     '
             !                                                                    \.   ''


                                                                  (Printed NaJl\e,and Address) Pu lJ, ..·~ -z. 1u
                                                                          L 0....-+ kc..rz (I')', '-) c:; GSC

                                                                  (Printed Name and Address)




                                                        -8-

o:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\SHOREUNE DRIVE\t.andscape\Sireet Ugh! lnstanation Agreemenldoc
                                      LABOR & MATERIALMAN'S BOND


                                                                   (Printed Name and Address)
ATIEST:                                                            Corporate Principal Sign Here:
                                                                    J .~ Howell Airport Lighting LLC
                                                                    (.   ,,. . ~   ~,, _r..   \.\ - -,   .   _,rr:·--_,


(Printed Name)                                                                     (Printed Name and Title) 01<"~\.JL



                                                                                                  (SEAL)



                                                                                                              tern Surety Company


                                                                    Robert G Chapman, Attorney-in-fact
                                                                                    (Printed Name and Title)




                                                         -9-

 O:IEHGINEERINGICOMMON\2005 PROJE CTS MASTER\Projocls\SHOREUNE DRl\IE\l.andscape\Street Ught tnstallaUon Agreomontdoc
                                           Western Surety Company
                         POWER OF ATTORNEY APPOINTING INDMDUAL ATTORNEY-IN-FACT

     Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having ill principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint


     David G Chapman, Robert G Chapman, Cloyd W Barnes, Individually




ofl..ansing, Ml, its true and lawful Attomey{s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature


                                                                     -In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
AUomey, pursuant to the authority hereby given, are hereby ratified and confinned.


     This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the lhareb.olders of the corporation.


      Ia Wltaes1 Wbereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 15th day of April, 2005.
                                                                                                      WESTERN SURETY COMPANY




Slate of South Dakota
County of Minnehaha

      On this ISth day of April, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrumentj that he knows the seal of said corporation; that the seal affixed to the said instrument is such Corpomte seal; that it was so
affixed pur11uan1 to authority given by the Board of Directors of said corpontion and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation .


My c:ommiaaion expires                     ........................................................
                                           S                D.KRELL                              S

                                                                                                                                  ~Public
   November 30, 2006                       $.~NOTARY PUBLIC~1
                                           $\ll'j'WSOUTH DAKOTA~$
                                           ............................................... t

                                                                                       CERTIFICATE

      I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is sti11 in
 force. and further certifY that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation t h i s - - - - - day of _ _ _ _ _ _ _ _ _ _ _ , - - - - - ·


                                                                                                      WESTERN SURETY COMPANY
                                                          Authorizing By-Law

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
    This Power of Attorney is made and executed pUI11uant to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.


    Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any hoods, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND LABOR AND MATERIALMEN'S
                                  BONDS




 I.      Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

2.       The name of the Principal shall be shown exactly as it appears in the Contract.

3.       The penal sum shall not be less than that required by the Specifications.

4.       If the Principals are partners, or joint ventures, each member shall execute the bond as an
         individual, with his/her place of residence shown.

5.       If the Principal is a corporation, the bond shall be executed under its corporate seal. If the
         corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal
         shall be affixed following the corporate name.

6.       The official character and authority of the person(s) executing the bond for the Principal, if a
         corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
         seal; OR
         There may be attached copies of such corporation records as will evidence the official character
         and authority of the officer signing, duly certified by the Secretary or Assistant Secretary of the
         corporation, under the corporate seal, to be true copies.

7.       The current Power-of-Attorney oft he person signing for the surety company must be attached to
         the bond.

8.       The date of the bond MUST NOT BE PRIOR TO THE DATE OF THE CONTRACT.

9.       The following information must be placed on the bond by the surety company:

                 a.       The rate ofpremiurn in dollars per thousand; and
                 b.       The total dollar amount of the premium charged.

I 0.    The signature of a witness shall appear in the appropriate place, attesting to the signature of each
        party to the bond.

II.     Type or print the name underneath EACH SIGNATURE appearing on the bond.

12.     An executed copy of the bond must be attached to each copy of the Contract (original
        counterpart) intended for signing.
                                                         -10-




0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Sireel Lighllnslallalion Agreement. doc
                                         -···· .,,.. l).




                          LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND



           In accordance with Section I, Paragraph 17 (e) on Page 6, four letters of sincere recommendation may be
           presented to the City Manager in lieu of a performance bond when this Contract is under the amount of
           $50,000 and the successful Bidder cannot produce the appropriate performance bond.

           To use letters of recommendation for this purpose, your intention to do so must be disclosed as part of
           your bid, so that a decision on acceptability can be made prior to the contract award.

           The four letters are to be presented prior to the execution of the Contract Agreement and must be
           accompanied by the Statement of Bidder's Qualifications as outlined (Part I, Section II, Bid Proposal,
           Page 16). Each of the four letters should contain no less than the following information:

                THE LETTER OF RECOMMENDATION PACKAGE IS SUBJECT TO CITY MANAGER
                   AND/OR CITY COMMISSION APPROVAL PRIOR TO LETTING THE BID OR
                                   EXECUTING THE AGREEMENT.
 :     ;·------------------------------------------------------------------------------------------------------------------
       1   SUMMARY OF INFORMATION TO BE INCLUDED IN EACH LETTER OF                                               (/; '' ·         '   '
 1/
 I
           RECOMMENDATION
                                                                                                                       1
                                                                                                                 ,·· C ,
                                                                                                                 .•,'
                                                                                                                            \:i :.· ''"
 ,t'       I.       On letterhead of the recommending company, including name, address and pho~e'n~mber of the
                                                                                                  ' ' .           ~.,   (

 ''                 recommending company.
 r
           2.       Include reference to the name of the company being recommended.

           3.      Include a brief description of the type of each of the projects the recommended company
                   performed, the total dollars contracted for each, and the date of construction start and completion
                   under each contract.
I:
\
           4.      Include a statement indicating how the company being recommended performed the work
                   involved under the contracts, whether the recommended company accomplished the work
                   satisfactorily and within the appropriate time limits of the contracts.

           5.      Indicate if there was any default on the part of or litigation as a result of the recommended
                   company.

           6.      Indicate if, to the best of knowledge, all subcontractors and/or suppliers of labor or materials on
                   each project were properly compensated by the company being recommended.

           7.      Include a statement the same as, or similar to the following:

                   "I, on behalf of my organization (or company by name) recommend this company (or the name
                   of the company being recommended} as responsible and competent, and I believe they can
                   capably perform construction work similar to that described in this letter in a timely and
           \       satisfactory manner."

                                                                    -11-

           0:\ENGINEERINGICOMMON\2005 PROJECTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
           ACf)RD..                     CERTIFICATE OF LIABILITY INSURANCE                                                                            CSR BC           I    DATE (MM/ODtYYYY)



I    PRODUCER
                                                                                                                                                    HOWJR-1
                                                                                                THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOr
                                                                                                ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                                                                                                                                                                                     12/06/05


 1avid Chapman Agency, Inc.                                                                     HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
 •700 W. Mt. Hope Highway                                                                       ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
~~ansing MI 48917-
 Phone:517-321-4600 Fax:517-321-9443                                                          INSURERS AFFORDING COVERAGE                                                        NAIC#
      ISURED                                                                                  INSURER A:          AMERISURE INSURANCE                                                15660
                                                                                              INSURER B·          MI Const. Industry Mutual Ins.
                           J R Howell Airport Lighting
I                          LLC
                           P 0 Box 210
                                                                                              INSURER C:
                                                                                              INSURER D·
                           Luther MI 49656
                                                                                              INSURER E
     COVERAGES
I         THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
          ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR

I         MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
          POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
    INS foP.!-!:                                                                          Pn~L:.l1T~EFFECT!i)E      P~k!CJti:XP!RA ~~N
    _LTR NSR                   TYPE OF INSURANCE                      POLICY NUMBER        DATE MMIDDIYY             DATE MMIDOIYY                                 LIMITS

                   ~NERAL       LIABILITY                                                                                                EACH OCCURRENCE                    $ 1000000
      \                X    COMMERCIAL GENERAL liABILITY      115289-180                     12/01/05                      12/01/06 ~~~E~ {e~~~~~~nce)                      $ 50000
                               I CLAIMS MADE [!] OCCUR
I                  -
                                                                                                                                         MED EXP (Any one

                                                                                                                                         PERSONAL & ADV INJURY
                                                                                                                                                              pe~on)        $5000
                                                                                                                                                                            $ 1000000
                                                                                                                                         GENERAL AGGREGATE                  $ 2000000
                   -
                                                                                                                                                                            $ 2000000
I                  h             ,nPRO- n
                       GEN'L AGGREGATE LIMIT APPLIES PER

                            POLICY        JECT          LOG
                                                                                                                                         PRODUCTS- COMP/OP AGG



                       AUTOMOBILE LIABILITY
                                                                                                                                         COMBINED SINGLE LIMIT
                                                                                                                                                                            s1,000,000
lA                 'X
                   f-=-
                            ANY AUTO                          115289-180                    12/01/05                       12/01/06      (Ea accident)

                            ALL OWNED AUTOS
                                                                                                                                         BODILY INJURY
                   r-       SCHEDULED AUTOS                                                                                              (Per person)
                                                                                                                                                                           $
                   r-       HIRED AUTOS
                   r-                                                                                                                    BODILY INJURY                     $
I                           NON-OWNED AUTOS                                                                                              (Per accident}
                   c-
                   -                                                                                                                     PROPERTY DAMAGE
                                                                                                                                         (Per accJdenl}
                                                                                                                                                                           $

                       GARAGE LIABILITY                                                                                                  AUTO ONLY- EA ACCIDENT            $
I                  ~ANY AUTO                                                                                                             OTHER THAN
                                                                                                                                         AUTO ONLY
                                                                                                                                                               EAACC

                                                                                                                                                                   AGG
                                                                                                                                                                           $
                                                                                                                                                                           $
                       EXCESS/UMBRELLA LIABILITY                                                                                         EACH OCCURRENCE                   $

I                  ~OCCUR                D      CLAIMS MADE                                                                              AGGREGATE                         $
                                                                                                                                                                           $
                   ~        DEDUCTIBLE                                                                                                                                     $
I                           RETENTION       $                                                                                                                              $
I           WORKERS COMPENSATION AND
            EMPLOYERS' LIABILITY                                                                                                         -X   Iri'i'k/!,::,:¥s I lu/}<
      l                                                       28396                         12/01/05                       12/01/06      EL EACH ACCIDENT                  $ 1500000
            ANY PROPRIETOR/PARTNER/EXECUTIVE
            OFFICER/MEMBER EXCLUDED?                                                                                                     EL DISEASE- EA EMPLOYEE           $ 1500000
I           ~~E(;~~~sp~~v~~~~s below
            OTHER
                                                                                                                                         E L DISEASE- POLICY LIMIT         $ 1500000




I   "''=SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
      ~heCity of Muskegon and all elected and appointed officials all ernpolyees
~~nd     volunteers all boards commissions and/or authorities and board members
    including employees and volunteers thereof are additional insured on general
     .nd auto liability.


    CERTIFICATE HOLDER                                                                      CANCELLATION
                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
                                                                                MUSKCIT
                                                                                              DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL                    30           DAYS WRITTEN

                                                                                             NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bl ' 101111                   It~   I e e!C :!l'e ell! 1!1!

                                                                                            elhh 0:!1'2 IIi   OilsiV~w..og.l.lopn   'W         II I ltlllf I 'P?Ilolll IE11l8WFIER,I-M A881Jii BR,.
                           CITY OF MUSKEGON
                           933 TERRACE                                                      tR I   &6EI1f I iillliilil!l

                           MUSKEGON MI 49440                                                Ay~E~:vE~
     CORD 25 (2001/08)                                                                                                                                   ©ACORD CORPORATION 1
                    A,     /    ----:1._.,                                                                                                                               CSR BC
                                                                                    INSURANCE BINDER                                                                                          x12/'a'6/: io.
        ~RISA   .GENCY
                                                            tV                      CONI KA'-' 1, SUBJECT TO THE CONDITIONS SHOWN ON THE
                                                                                                                                                                            IBINDER#
                                                                                                                                                                                               :SIDE OF THI!
                                                                                                                                                                                              10312
                                                                                                         •~oTSURE           INSURANCE
        !David Chapman Agency, Inc.                                                                               DATE                    TIME                                     DATE'               TIME
         5700 W, Mt, Hope Highway
          .ansing MI 48917-                                                                                                                                                                        H12:01AM
                               -~------                                                                        12/05/05       I      02:01
                                                                                                                                                HAM
                                                                                                                                                  PM                            01/04/06                   NOON
        I<~E..,SI7-32f~                                               I rffc.NoJ•    517-321-9443              I PER
                                                                                                                 THIS BINDER !S ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
        lcooE• 51-5158/51-6158                                   I SUB CODE•                                         EXPIRING POLICY#.


                ~n                             ~                                                                         • """"" I
                                                                                                                                                                     '(lnoludlng Looollon)

                                                                                                          INSTALLATION OF STREET LIGHTING BY JR
    I                     CITY OF MUSKEGON
                          933 TERRACE
                                                                                                          HOWELL AIRPORT LIGHTING LLC

                          MUSKEGON MI
        I
            ";Q
                                  '                                                                                                                                         -LIMITS

                         TvPEOFi                                                                                                                                          COINS%                  AMOUNT



     r=         -
                     BASIC
                               CAUSES OF LOSS

                               D       BROAD   D    SPEC




    ~
                         • LIABILITY                                                                                                                           > >COO"CO                 1, 5ooooo
            -
                    PMMERCIAL GENERAL LIABILITY
                           CLAIMS MADE         D    OCCUR
                                                                                                                                           ~                         I                   I•
                                                                                                                                                                                         Is
    ~-
                     Owner & Contractor Prot.                                                                                                                 L & ADV INJURY
                                                                                                                                                                                         I'
                                                                                                                                          ! GENERAL                                      1, 5ooooo
                                                            RETRO DATE FOR CLAIMS MADE:                                                                                     'AGG         I•
    ~OMOBILE LIABILITY                                                                                                                                    I   J SINGLE LIMIT
                                                                                                                                                                                         I'
            _       ANYAUTO                                                                                                               I   BODILY INJURY (P" P"'on)                   !$
                    ALL OWNED AUTOS                                                                                                            no                                  _,,   '$
            -
                                                                                                                                                                                         is
    r=
                    SCHEDULED AUTOS                                                                                                                           (DAMAGE
                    HIRED AUTOS                                                                                                           I   •.on•c"                                    I•
                    NON·OWNED AUTOS                                                                                                                           .INJURY PROT               I•
    1-
            -
                                                                                                                                              '"""   .                                   I'
                                                                                                                                                                                         II
    r
            ~COLLISION
                           1                   DEDUCTIBLE   u     ALL VEHICLES        u   SCHEDULED VEHICLES                                         I ACTUAL CASH VALUE
                                                                                                                                                      OY<
                                                                                                                                                                                          $
                    OTHER THAN COL:                                                                                                                  • OTHER
    ~RAGE LIABILITY                                                                                                                       I AUTO ONLY. EA                  I~"'"         I•
            -
                    ANY AUTO                                                                                                              I OTHER                           ILY'
                                                                                                                                                               EACH         I'"          I•
    rr  <XC OSS LIABILITY
                                                                                                                                                                                         Is
                                                                                                                                          I EACH                                         I•
            ~ UMBRELLA FORM                                                                                                                                                              I•
    I        I OTHER THAN UMBRELLA FORM                     RETRO DATE FOR CLAIMS MADE:                                                   I oo.o ,
                                                                                                                                                      1                                  Is
    I                                                                                                                                                I we                  (LIMITS
                      WORKER'S COMPENSATION
                                   AND
                                                                                                                                          I EL EACH              I                       is
                         EMPLOYER'S LIABILITY                                                                                             I EL DISEASE • EA "               '~voo
                                                                                                                                                                                         I•
    I                                                                                                                                    I EL DISEASE. POLICY LIMIT I•
          :>ECIAL
          ONOITIONSI
                                                                                                                                         I FEES                     I'
          THER
    , ... OVERAGES
                                                                                                                                         I TAXES                    I•
                                                                                                                                                 I            D TOTAL PREMIUM            I$
        •lAME&

                                                                                                     H    MORTGAGEE               H   ADDITIONAL INSURED



I
                                                                                                          LOSS PAYEE
                                                                                                      LOAN#



                                                                                                      AUTHORIZED REPRESENTATIVE


I
~
                                                                                                         :v~~- ~
            .CORD 75            (2004/09)                              NOTE. IMPORTANT STATE INFORMATION ON REVERSE SIDilACORD CORPORATION                                                             1993-2
         20.      SUBCONTRACTS

                  a.      The Contractor shall not execute an agreement with any Subcontractor or permit
                          any subcontractor to perform any work included in this Contract until he/she has
                          submitted a non-collusive affidavit from the subcontractor and received written
                          approval of such subcontractor from the City of Muskegon.

                  b.      The Contractor shall be as fully responsible to the City of Muskegon for the acts
                          and omissions of his/her Subcontractors, and of persons either directly or
                          indirectly employed by them, as he/she is for the acts and omissions of persons
                          directly employed by the Contractor.

                  c.      The Contractor shall cause appropriate provisions to be inserted in all Sub-
                          contracts relative to compliance by each Sub- contractor with the provisions of
                          this Contract.

                  d.      No proposed Subcontractor shall be disapproved by the City of Muskegon except
                          for cause. Nothing contained in this Contract shall create any contractual relation
                          between any Subcontractor and the City of Muskegon.

         21.     INSURANCE AND INDEMNITY

                 a.        Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
                          and Subcontractors agree to defend, pay in behalf of, indemnify, and hold
                          harmless the City of Muskegon, their elected and appointed officials, employees,
                          volunteers, and others working on behalf of the CITY OF MUSKEGON against
                          any and all claims, demands, suits, or loss, including all costs connected
                          therewith, and for any damages which may be asserted, claimed or recovered
                          against or from the CITY OF MUSKEGON and their elected and appointed
                          officials, employees, volunteers, or others working on behalf of the CITY OF
                          MUSKEGON by reason of personal injury, including bodily injury and death,
                          property damage, including loss of use thereof, and/or the effects of or release of
                          toxic and/or hazardous material which arises out of or is any way connected or
                          associated with this contract. The obligation to defend and hold hannless extends
                          to Contractor's employees, agents, subcontractors, assigns and successors.

                 b.      Contractor Insurance Requirement. Contractor and Subcontractors shall not
                         commence work under this contract until obtaining the insurance required under
                         this paragraph. All coverages shall be with insurance companies licensed and
                         admitted to do business in the State of Michigan and Best Rated A VIII. All
                         coverage shall be with insurance carriers acceptable to the CITY OF
                         MUSKEGON
                                                         -12-




0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
         21.      INSURANCE AND INDEMNITY- continued

                  c.      Workers' Compensation Insurance.         The Contractor and Subcontractor
                          shall procure and maintain during the life of this contract, Workers'
                          Compensation Insurance, including Employers Liability Coverage, m
                          accordance with all applicable Statutes of the State of Michigan.

                  d.      Commercial General Liability Insurance.       The Contractor shall procure
                          and maintain during the life of this contract, commercial general Liability
                          Insurance on an "Occurrence Basis" with limits of liability not less than
                          $500,000 per occurrence and/or aggregate combined single limit. Personal
                          Injury, Bodily Injury and Property Damage coverages shall be included.
                          Coverage shall also include the following extensions:      (A) Contractual
                          Liability; (B) Products and Completed Operations;         (C) Independent
                          Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
                          (E) Deletion of all explosion, collapse and underground (SCU) exclusions,
                          if applicable. The said insurance shall cover liability caused by the
                          activities of any subcontractor.

                 e.       Motor Vehicle Liability.         The Contractor shall procure and maintain
                          during the life of this contract Motor Vehicle Liability Insurance, including
                          Michigan No-Fault Coverages, with limits of liability for third party claims
                          of not less than $500,000 per occurrence or combined single limit Bodily
                          Injury and Property Damage. Coverage shall include all owned vehicles,
                          all non-owned vehicles and all hired vehicles. The said insurance shall
                          cover liability caused by the activities of any subcontractor.

                 f.      Additional Insured.     Commercial General Liability and Motor Vehicle
                         Liability Insurance, as described above, shall include an endorsement
                         stating the following shall be "Additional Insureds" using the following
                         language: "The CITY OF MUSKEGON and all elected and appointed
                         officials, all employees and volunteers, all boards, commissions and/or
                         authorities and board members, including employees and volunteers thereof
                         are hereby added as 'Additional Insureds"'.

                 g.      Cancellation Notice.      Workers' Compensation Insurance, Commercial
                         General Liability Insurance and Motor Vehicle Liability Insurance, as
                         described above, shall include an endorsement stating the following: "It is
                         understood and agreed that Thirty (30) days Advance Written Notice of
                         Cancellation, Non-Renewal, Reduction and/or Material Change shall be
                         sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".


                                                        -13-


0:\ENGINEERING\COMMON\2005 PROJECTS MASTERIProjectsiSHORELINE DRtVEILandscape\Street Light Installation Agreement.doc
21.      INSURANCE AND INDEMNITY - continued

                  h.      Owner's and Contractor's Protective Liability.         The Contractor shall
                          procure and maintain during the life of this contract Owner's and
                          Contractor's Protective Liability with limits of liability not less than
                          $500,000 per occurrence and/or aggregate, combined single limit. Personal
                          injury, Bodily injury and Property Damage coverages shall be included.
                          The CITY OF MUSKEGON shall be "Named Insured" on this coverage.
                          Thirty (30) days notice of cancellation to the CITY OF MUSKEGON shall
                          be required. Said insurance shall cover liability caused by the activities of
                          any subcontractor(s) either by means of a rider attached to the Prime
                          Contractor's Certificate of Insurance indicating this coverage for
                          subcontractors; or the subcontractor(s) shall submit their own Certificate of
                          Insurance.

                 i.       Proof of Insurance Coverage.     The Contractor and Subcontractors shall
                          provide the CITY OF MUSKEGON at the time the contracts are returned
                          by him for execution, certificates and policies endorsing the City of
                          Muskegon as additional insured as listed below:

                                  (!.)     Two (2) copies of Certificate of Insurance for Workers'
                                           Compensation Insurance;

                                  (2.)     Two (2) copies of Certificate of Insurance for Commercial
                                           General Liability Insurance;

                                  (3.)     Two (2) copies of Certificate of Insurance for Vehicle
                                           Liability Insurance;

                                  (4.)     Original Policy, or oliginal Binder pending issuance of
                                           policy, for Owner's and Contractor's Protective Liability
                                           Insurance;

                                  (5.)     If so requested, Certified Copies of all policies mentioned
                                           above will be furnished.

                 j.      If any of the above coverages expire during the term of this contract, the
                         Contractor and Subcontractors shall deliver renewal certificates and/or
                         policies to CITY OF MUSKEGON at least ten ( 10) days prior to the
                         expiration date.



                                                         -14

0:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projecls\SHORELINE DRIVE\Landscape\Slreel Light Installation Agreement.doc
22.      MATERIALS AND WORKMANSHIP

                  a.      Unless otherwise specifically provided for in the Technical or Special
                          Specifications, all workmanship, equipment, materials and articles
                          incorporated in the work shall be new and the best grade of the respective
                          kinds for the purpose. Where equipment, materials, articles or
                          workmanship are referred to as "equal to" any particular standard, the City
                          of Muskegon will decide the question of equality.

                  b.      The City of Muskegon may require the Contractor to dismiss from this
                          Project such employee(s) as the City of Muskegon may deem incompetent,
                          careless, and/or insubordinate.




                                                        -15-

O:\ENGINEERING\COMMON\2005 PROJE CTS MASTER\Projects\SHORELINE DRIVE\Landscape\Street Light Installation Agreement.doc
,
..
                              7.
                                    i
"
      !
      •                             •
...                           .;_


!
..




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                                        .y .
                                         .,..4 ',

                                         . \~~· \




                                                    '   ';

                                                      :!
                                                    , I!
DATE:               November 9, 2005

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-030083 Address:
                    209 & 211 Merrill.


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
209 & 211 Merrill- Area 10 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-030083- 209 & 211 Merrill

Location and ownership: These structures are located on Merrill between Fourth
and Fifth Streets and are owned by State of Michigan.

Staff Correspondence: A dangerous building inspection was conducted on
05/14/05 and the notice and order to repair was issued on 05/20/04. On 09/01/05
the HBA declared the structure substandard and dangerous.

Owner Contact:        Letter sent to State of Michigan from Anthony Kleibecker
dated 08/31/04 stating recommendation to postpone sending case to Housing
Board of Appeals. There was interest from Community Neigborhood Services to
acquire property from the State of Michigan to rehab but decided property would
not work for their program. There have been no permits issued, no inspections
scheduled and no owner contact since August of 2004.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  Exempt

Estimated cost to repair:               15,000 (Exterior 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, November 22, 2005.



C:\Documents and Settings\Potter\Local Settings\Temponuy lntemet Files\OLKIA\AGENDA- 209-211 Me1Till.doc   page l of l
                                     CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                            209 Merrill

                                               5114/04


Inspection noted:

1.      Building boarded more than 180 days.
2.      Rear porch is improperly supported.
3.      Front porch is improperly supported.
4.      New roof required.
5.      Roof is improperly flashed.
6.      Siding is rotted and missing.
7.      Siding is not painted.
8.      Front sidewalk is settling due to erosion.
9.      Window sash is rotted.
10.     Front porch framing is rotted.
11.     Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.

12.     All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions 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 10-61 OF THE MUSKEGON CITY CODE.




DON LABRENZ II, BUILDING OFFICIAL                                            DATE




C:\Documents and Settings\Pottcr\Local Settings\Tcmpormy Internet Files\OLK I A\209 Merrill.doc
                                     CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                            211 Merrill

                                               5114104


Inspection noted:

I.      Building boarded over 180 days.
2.      Chimney needs to be replaced.
3.      Soffit rotted at rear of building.
4.      Siding is rotted at rear of building.
5.      Rafter tails rotted.
6.      Sill rotted on rear window.
7.      Siding is broken or missing.
8.      Siding needs to be painting.
9.      Threshold on rear door rotted.
I 0.    Roof on rear of building needs to be replaced.
II.     Chimney improperly flashed.
12.     Rear window is broken.
13.     Interior inspection with building, plumbing, mechanical, and electrical inspectors
        required.
14.     All work requires construction penn its. These penn its must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions 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
10-61 OF THE MUSKEGON CITY CODE.




DON LABRENZ II, BUILDING OFFICIAL                                            DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\211 Merrill. doc
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                                  /}       /
                                  '/   /
DATE:                November 9, 2004

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-050094 Address:
                     235 Monroe.


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
235 Monroe- AREA 10 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-050094- 235 Monroe

Location and ownership: This structure is located on Monroe between Fourth
and Fifth and is owned by Steven/Amy Kelly, P.O. Box 84, Fruitport, Ml, 49415

Staff Correspondence: A dangerous building inspection was conducted on
03/28/05 and the Notice and Order to repair was issued on 04/18/05. On
08/04/05 the HBA declared the structure substandard and dangerous. No one
was present to represent case.

Owner Contact:       On 11/01/05 Inspections Department received call from
NorthPointe Bank requesting copy of inspections report. There have been no
permits issued, no inspections scheduled and no owner contact since that time.

Financial Impact:              CDBG Funds

Budget action required:                   None

State Equalized value:                    $17,900

Estimated cost to repair:                 $10,000 (Exterior 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, November 22, 2005.




C:\Documents and Settings\Potter\Local Settings\Tempormy Internet Files\OLK IA\AGENDA - 235 r<.'ionroc.doc   page I of I
                             CITY OF MUSKEGON
                       DANGEROUS BUILDING INSPECTION
                                  REPORT
                                   Thursday, November 10, 2005

Enforcement# EN050094          Property Address 235 MONROE AVE
Parcel #24-205-379-0003-1 0    Owner KELLY STEVEN R/AMY S

Inspector: Henry Faltinowski

Date completed: 03/28/2005

DEFICENCIES:

 Uncorrected
1. Porch structural damage (front) columns -foundation support
2. Foundation - south - large bow in foundation wall.
3.. Windows boarded south OSB.
4. Siding - damaged.
5. Broken out windows.
6. Ripped out screens.
7. Back- porch steps, guardrails, repair.
8. Back shed - structural damage-replace.
9. Soffitt damage.



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
                                                                                  11-22-oS




                                   AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
 Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                           ); (an individual trading as _ __
::-:--:-----:-::-:--:---'' hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 235 Monroe as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $4870.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:                            CONTRACTOR:

                                   BY:   1/!JJn       <~~o£           JJre5
                                           Printed na e and title I




                                          City Clerk

(SEAL)

CERTIFICATION (IF APPLICABLE)

                                   , certify that I am the   -~
                                                              -+-'""
                                                                  Q."""'
                                                                    f:,.____ _ _ _ __


of the Corporation named as contractor herein;

                                   , who signed this Agreement on behalf of the

Contractor, was then_,~
                      ,;r:VU'""--'='lkJ=------- of said Corporation:

That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.

                                   Signed:

                                         "_:JC\-, <V-~~~
                                                  6




(CORPOR~ TE     SEAL.)                   <--(a.~M-~ ~rar - ~
                                          Printed      ame an T1tle
DATE:               November 9, 2005

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-03-54 Address:
                   642 Mclaughlin (Garage).


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
642 Mclaughlin -Garage- 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-03-54- 642 Mclaughlin

Location and ownership: These structures are located on Mclaughlin between
Maple Stand Kenneth Stand is owned by Shannon/Theresa Hinton, 642
Mclaughlin, Muskegon, Ml 49442.

Staff Correspondence: A dangerous building inspection was conducted on
05/29/03 and the notice and order to repair was issued on 06/12/03. On 11/06/03
the HBA declared the structure substandard and dangerous.

Owner Contact:       No one was present at the HBA meeting. A building permit
was issued 07/03/03 and expired 08/30/03. A letter was sent 08/17/05
requesting final inspections if repairs had been made to close case but received
no response from owner.

Financial Impact:            CDBG Funds

Budget action required:                None

State Equalized value:                 17,300 Entire property

Estimated cost to repair:              2,500 (Garage 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, November 22, 2005.




C:\Documcnts and Scttings\Pottcr\Local Settings\Tempotmy Intcmct Filcs\OLK IA\AGENDA - 642 Mclaughlin(Garage).docpage 1 of I
                                    CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                   642 McLaughlin - Garage

                                              5129/03


Inspection noted:

I.      Roof severely damaged.

2.      Debris in yard.

3.      Windows broken.

4.      All work requires construction permits. These permits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions 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 Intemet Files\OLK I A\642 McLaughlin-G
(2).doc
DATE:                November 9, 2004

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-0501 02 Address:
                     1120 Jefferson.


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
1120 Jefferson- AREA 10 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 02- 1120 Jefferson

Location and ownership: This structure is located on Jefferson between Houston
and Monroe and is owned by Fairbanks Capital Corp, 1270 Northland Dr, Ste
#200, Mendota Hts, MN 55120.

Staff Correspondence: A dangerous building inspection was conducted on
05/12/05 and the Notice and Order to repair was issued on 06/01/05. On
07/13/05 the HBA declared the structure substandard and dangerous. No one
was present to represent case.

Owner Contact:       On 08/17/05 Inspections Department received call from
Select Portfolio Servicing stating the horne was in foreclosure. There has been
some interest from real estate company to sell property. Complaints from
neighbors regarding infestation of pest. No permits issued and no inspections
scheduled and no owner contact since August 2005.

Financial Impact:              CDBG Funds

Budget action required:                  None

State Equalized value:                   $19,000

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, November 22, 2005.


C:\Documcnts and Settings\Potter\Local Settings\Tcmpormy lntcmct Filcs\OLK I A\AGENDA - 1120 Jeffcrson.doc   page   1 of 1
                              CITY OF MUSKEGON
                        DANGEROUS BUILDING INSPECTION
                                   REPORT
                                   Thursday, November 10, 2005

Enforcement# EN0501 02         Property Address 1120 JEFFERSON ST
Parcel #24-205-363-0004-00     Owner JOHNSON JUDY/Fairbanks Capital
Corp

Inspector: Henry Faltinowski

Date completed: 05/12/2005

DEFICENCIES:

 Uncorrected
1. Replace all damaged exterior siding.
2. Repair - replace broken out windows.
3. Repair back side stairs to code.
4. Exposed OSB sheathing on shed walls must be covered with approved
weather barrier.



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, Ml 49440 (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
,./

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